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REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on March 28, 2022 at 6:30 p.m. with Council President
Sudler presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil,
Dr. Pillsbury, Mrs. Arndt, Mr. Rocha, Mr. Taylor, and Mr. Hare.
Staff members present were Police Chief Johnson, Ms. Peddicord, Mr. Hugg,
Mrs. Melson-Williams, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was also present.
OPEN FORUM
The Open Forum was held at 6:15 p.m., prior to commencement of the Official Council Meeting.
Council President Sudler declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
There were no members of the public that wished to speak during the Open Forum
INVOCATION
The invocation was given by Elder Ellis Louden.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Neil.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously
carried.
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon by
a single roll call vote of the Council. There will be no separate discussion of these items unless a
member of Council so requests, in which event the matter shall be removed from the Consent
Agenda and considered a separate item.
Mr. Neil moved for adoption of the consent agenda, seconded by Dr. Pillsbury and carried by
a unanimous roll call vote.
PROCLAMATION - NATIONAL LIBRARY WEEK 2022
The City Clerk read the following Proclamation into the record:
WHEREAS, libraries everywhere play a vital role in supporting the quality of life in their
communities. Our nation's school, academic, public, and special libraries make a difference in the
lives of millions of Americans, today, more than ever. Librarians are trained professionals, helping
people of all ages and backgrounds find and interpret the information they need to live, learn, and
work in a challenging economy; and
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WHEREAS, for 120 years in Dover, Delaware, the Dover Public Library has been a pillar in
downtown Dover, providing generations of families and more than a million individuals with literary
services, humanities programming, and social outreach. The Dover Public Library, an anchor
library, is a leader in establishing collaboration among Delaware libraries, piloting new library
technologies and services to help all Delawareans achieve their full potential. It connects people to
a variety of resources and services that inform, educate, and entertain through a plethora of
programming and services for children, youth, and adults through reference transactions, computer
use, and job training; and
WHEREAS, during the last ten years in the new facility on 35 Loockerman Plaza, the Dover Public
Library has included programming such as the ever-popular Comicon, and current event discussions
for adults led by local university professors, employment workshops and genealogical research
services. The Dover Public Library hosts a Job Center, and a U.S. Passport Office, and a nationally
acclaimed family literacy program, PrimeTime Family Literacy; and
WHEREAS, in 2022, the Dover Public Library celebrates its 120th anniversary as a public library
in Delaware's capital city, and its 10th anniversary in its facility on Loockerman Plaza.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim April 3 - 9, 2022 as National Library Week in the City of Dover
and encourage all residents to visit the Dover Public Library this week to take advantage of the
wonderful library resources.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to
Mr. Brian Sylvester, Dover Public Library Director.
CERTIFICATE OF APPRECIATION - ST. PATRICK’S DAY PARADE - CODI CANASA
CERTIFICATE OF APPRECIATION
Presented to
Ms. Codi Canasa
It is with heartfelt gratitude and appreciation that we recognize the incredible undertaking of putting
together the St. Patrick's Day Parade as a means for the community to all come together for a large
event for the first time since the pandemic in the City of Dover.
Ms. Canasa's dedication and commitment to the betterment of the community was evident by her
willingness to go above and beyond.
We thank you for your ability to inspire others and your overall commitment to making the City of
Dover a place where people want to live, work and play.
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CITY COUNCIL MEETING OF MARCH 28, 2022 PAGE 3
On behalf of the Mayor and Council, Mayor Christiansen presented the Certificate to
Ms. Codi Canasa.
CERTIFICATE OF APPRECIATION - ST. PATRICK'S DAY PARADE - TABBY PROUD
CERTIFICATE OF APPRECIATION
Presented to
Ms. Tabby Proud
It is with heartfelt gratitude and appreciation that we recognize the incredible undertaking of putting
together the St. Patrick's Day Parade as a means for the community to all come together for a large
event for the first time since the pandemic in the City of Dover.
Ms. Proud’s dedication and commitment to the betterment of the community was evident by her
willingness to go above and beyond.
We thank you for your ability to inspire others and your overall commitment to making the City of
Dover a place where people want to live, work and play.
On behalf of the Mayor and Council, Mayor Christiansen presented the Certificate to
Ms. Tabby Proud.
CERTIFICATE OF APPRECIATION - ST. PATRICK'S DAY PARADE - KAY SASS
CERTIFICATE OF APPRECIATION
Presented to
Ms. Kay Sass
It is with heartfelt gratitude and appreciation that we recognize the incredible undertaking of putting
together the St. Patrick's Day Parade as a means for the community to all come together for a large
event for the first time since the pandemic in the City of Dover.
Ms. Sass's dedication and commitment to the betterment of the community was evident by her
willingness to go above and beyond.
We thank you for your ability to inspire others and your overall commitment to making the City of
Dover a place where people want to live, work and play.
On behalf of the Mayor and Council, Mayor Christiansen presented the Certificate to Mrs. Kay Sass.
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CERTIFICATE OF CONGRATULATIONS - DOVER HIGH SCHOOL - 2022 DELAWARE
INTERSCHOLASTIC ATHLETIC ASSOCIATION (DIAA) UNIFIED BASKETBALL
TEAM CHAMPIONS
Due to the unavailability of the Dover High Unified Basketball Team, Mr. Hare moved to have
this item placed on the April 11, 2022 agenda. The motion was seconded by Mr. Neil and
unanimously carried.
CERTIFICATE OF RECOGNITION - DR. KEVIN FITZGERALD, CAESAR RODNEY
SCHOOL DISTRICT, SUPERINTENDENT, RETIREMENT
The City Clerk read the following Certification of Recognition into the record:
CERTIFICATE OF RECOGNITION
This Certificate of Recognition is presented to
Dr. Kevin Fitzgerald
on his retirement as Superintendent of
Caesar Rodney School District
We thank you for your outstanding commitment in education for over 30 years. It has been a
pleasure to have you lead Caesar Rodney School District, as the Superintendent, for the last 15 years.
We applaud your amazing efforts and countless achievements. We are truly grateful to have you as
part of our Dover community.
We wish you the best with your future endeavors.
On behalf of the Mayor, Council, and the citizens of Dover that Dr. Fitzgerald served so well,
Mayor Christiansen presented the Certificate to Dr. Kevin Fitzgerald and wished him well on his
future endeavors at the University of Delaware. Mayor Christiansen expressed his regret of Dr.
Fitzgerald’s departure and stated what an outstanding job he has done. Mayor Christiansen stated
part of Caesar Rodney School District is in the City of Dover including W. Reily Brown Elementary.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 14, 2022
The Minutes of the Regular Council Meeting of March 14, 2021 were unanimously approved
by motion of Mr. Neil, seconded by Dr. Pillsbury and bore the written approval of
Mayor Christiansen.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF MARCH 21, 2022
The Minutes of the Regular Council Meeting of March 21, 2021 were unanimously approved
by motion of Mr. Neil, seconded by Dr. Pillsbury and bore the written approval of Mayor
Christiansen.
COUNCIL COMMITTEE OF THE WHOLE REPORT - MARCH 15, 2022
The Council Committee of the Whole Meeting was held on March 15, 2022 at 6:00
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p.m. with Councilwoman Arndt presiding in the absence of Council President Sudler.
Members of Council present were Mr. Anderson, Mr. Boggerty, Mr. Neil,
Dr. Pillsbury, Mr. Rocha, Mr. Taylor and Mr. Hare. Mayor Christiansen was also
present. Civilian members present for their Committee meetings were Mr. Contant
(via video) and Mr. Shevock (via video) (Legislative, Finance, and Administration).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman
Anderson presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Hare and
unanimously carried.
Evaluation of Bids - Vac Truck - Bid Number 22-0021PW (Mark Nowak, Public
Works Director)
Mr. Mark Nowak, Public Works Director, reviewed the background and analysis
regarding the Evaluation of Bids for the Vac Truck, Bid Number 22-0021PW.
Staff recommended awarding the contract to THC Enterprises, Inc. t/a Mid-Atlantic
Waste Systems, for the City of Dover Truck Mounted Single Engine Jet/Vacuum
Combination Sewer Cleaner, Bid #22-0021PW, for the amount of $399,040).
Responding to Mr. Boggerty, Mr. Nowak explained the 2006 Vac Truck is being sold
on www.GovDeals.com.
Responding to Mr. Contant, Mr. Nowak stated the money being used to cover the
overage cost of the Vac Truck is coming from money not being used for the Silver
Lake Dam repair.
Responding to Mr. Taylor, Mr. Nowak explained the Vac Truck does come with a
warranty, and the city will use the warranty coverage when necessary.
Mr. Hare moved to recommend awarding the contract to THC Enterprises, Inc.
t/a Mid-Atlantic Waste Systems, for the City of Dover Truck Mounted Single
Engine Jet/Vacuum Combination Sewer Cleaner, Bid #22-0021PW, for the
amount of $399,040, as recommended by staff. The motion was seconded by
Mr. Rocha and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Dr. Pillsbury and carried by a unanimous roll call vote.
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Sale and Disposition of Excess Real Property - 710 and 715 Slaughter Street
(David Hugg, III, City Manager)
Mr. David S. Hugg, III, City Manager, reviewed the background and analysis
regarding the sale and disposition of excess real property located at 710 and 715
Slaughter Street.
Staff recommended to: 1. Determine that the property is excess property; 2.
Authorize the City Manager to convey the excess property in accordance with
Chapter 2, Section 2-422 D - Standard Method of Disposition and 2-422 (c) relating
to recovery of costs unless requested by the City Council to dispose in accordance
with Chapter 2, Section E - Exception to Standard Method of Disposition; and 3.
Authorize the City Manager's Office to negotiate a final sale price.
Responding to Mr. Neil, Mr. Hugg stated 710 and 715 Slaughter Street are both
empty lots. 710 Slaughter street is a fair sized lot and easy to build on, however, 715
is much more narrow. Mr. Hugg explained there has been interest from an adjacent
property owner in acquiring 715 Slaughter Street.
Responding to Mayor Christiansen, Mr. Hugg stated the properties were acquired in
a monition sale and the title of each property is in the name of the City of Dover.
When the property is purchased, the purchaser will receive the title free and clear.
Mr. Hugg also explained the city's obligation on the property of 710 Slaughter Street
is $14,397.11 and on 715 Slaughter Street it is $9,372.59. Mr. Hugg stated due to the
city's obligation and legal fees at the time of sale the minimum sealed bid for 710
Slaughter Street will be $15,300 and the minimum sealed bid for 715 Slaughter
Street will be $10,400.
Mr. Neil moved to recommend approval of the following: 1. Determine that the
property is excess property; 2. Authorize the City Manager to convey the excess
property in accordance with Chapter 2, Section 2-422 D - Standard Method of
Disposition and 2-422 © relating to recovery of costs unless requested by the
City Council to dispose in accordance with Chapter 2, Section E - Exception to
Standard Method of Disposition; and 3. Authorize the City Manager's Office
to negotiate a final sale price., as recommended by staff. The motion was
seconded by Mr. Boggerty and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Dr. Pillsbury and carried by a unanimous roll call vote.
Proposed Charter Amendments to the City of Dover Charter, (David Hugg, III,
City Manager)
Mr. David S. Hugg, III, City Manager, reviewed the proposed amendments to the
City of Dover Charter.
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Staff recommended approval of the proposed amendments to the City of Dover
Charter; adoption by City Council of the subsequent Resolution requesting the
General Assembly to amend the Charter and adoption of the subsequent Ordinance
amendments.
Mr. Hugg shared Attachment #1 - Conduit Bonds. Mr. Hugg explained conduit bonds
are bonds issued by a jurisdiction on behalf of a private party for the purposes of
building or doing things that have a public benefit. For example, hospitals, industrial
parks, and airports are all uses for conduit bonds. Mr. Hugg stated, Attachment #1
is proposed language that would allow Council to move forward and for staff to
discuss with the City Solicitor, Mr. Rodriguez and bond counsel. The proposed
language would be enabling legislation only, it would set parameters for the city's
ability to issue conduit bonds in the future.
Responding to Mr. Anderson, Mr. Hugg stated conduit bonds are a type of revenue
bond and would need to used for a project that would generate revenue. Mr. Hugg
further explained that conduit bonds could be used for affordable housing, charter
schools, and colleges. Mr. Hugg stated an advantage of conduit bonds is they are
considered tax exempt. Conduit bonds sell at a slight increase over municipal
revenue bonds because they are not tied to the faith and credit of the municipality, but
they sell at a cheaper rate than commercial financing.
Mr. Neil stated, he would encourage looking into conduit bonds and enabling
legislation to permit the use in the City of Dover.
Mr. Contant stated, he is in favor of finding unique ways to finance the city.
Mr. Contant explained he is in full support of exploring what the city needs to do and
what enabling language will be needed.
Responding to Mr. Boggerty, Mr. Hugg stated conduit bonds would be available to
investors and could be purchased through a bond broker.
Responding to Mr. Boggerty, Mr. Anderson stated members of Council would not
be prohibited in investing in conduit bonds because Council would be informed at
the same time as the public.
Responding to Mayor Christiansen, Mr. Hugg stated the principle and interest
obligation of a conduit bond is on the borrower. He further explained that conduit
bonds provide a lower cost financing for a project that is a benefit to the public.
Mayor Christiansen stated conduit bonds would be a great economic development
tool.
Responding to Mr. Rocha, Lori Peddicord, Controller/Treasurer, stated any bonding
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project and future bonds will need Council's approval.
Mayor Christiansen requested bond counsel to be present at a future Council Meeting
to answer questions regarding conduit bonds.
Mr. Taylor moved to amend City of Dover Charter, Section 9 - Meetings of mayor
and council - Generally, Paragraph 4, line 382 to read as follows: In the event of the
absence of council president, then the member of council selected by the council
president shall assume the duties of the council president and shall be designated
council president acting. Council president acting shall fulfill all of the duties and
responsibilities of council president during their period of unavailability or absence.
The motion was seconded by Mr. Anderson.
Responding to Mr. Boggerty, Mr. Taylor recommended amending the motion to
state: In the event of absence of the council president, then the senior member of
council in terms of length of service as a council member or the council president's
designee shall assume the duties of the council president and shall be designated
council president acting. In the event that two (2) or more members of council have
the same seniority in terms of length of service as a council member, then the
members of council shall vote and elect one of those as council president acting.
Council president acting shall fulfill all of the duties and responsibilities of council
president during their period of unavailability or absence.
Mr. Neil stated he is in support of the motion, however after a period of time an
election should be held to fill the vacancy left by the absence of the council president
after a period of time.
Mrs. Arndt stated the purpose of having it in the charter and to have a specific
designated person is for those unforeseen circumstances, to have that continuity. She
also agreed that it is a valuable opportunity for new members of council to get
experience.
Mr. Anderson stated the amended motion would allow a seamless transition in an
incapacity situation. He further explained if the council president was out for only
one meeting it would allow younger members of council experience.
Mayor Christiansen stated during his 11 year term as Council President if he was
unavailable to chair the meeting the Chair of Legislative, Finance, and
Administration would chair. Mayor Christiansen agreed with Mr. Neil that after a
time period of 30 days, if the council president is going to come back, that council
put into place the opportunity for the members of council to elect a council president
pro tempore, who will fill in until the return of the council president.
Mr. Rocha and Mr. Taylor agreed with Mayor Christiansen and Mr. Neil, a provision
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should be added for an election of a council president pro tempore.
Mr. Anderson moved to recommend staff to draft an amendment of Section 9
- Meetings of mayor and council - Generally, Paragraph 4, line 382 to read as
follows: In the event of absence of the council president, then the senior member
of council in terms of length of service as a council member or the council
president's designee shall assume the duties of the council president and shall
be designated council president acting. In the event that two (2) or more
members of council have the same seniority in terms of length of service as a
council member, then the members of council shall vote and elect one of those
as council president acting. Council president acting shall fulfill all of the duties
and responsibilities of council president during their period of unavailability or
absence. After a period of 30 days council will hold an election for a council
president pro tempore, who will fill the vacancy until the council president
returns. The motion was seconded by Mr. Rocha and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the recommendation for staff to draft an
amendment of Section 9, seconded by Dr. Pillsbury and carried by a unanimous roll call vote.
Mr. Hare moved to accept Section 12. Compensation; expenses - Mayor, council
members, and other elected or appointed officials as amended. The motion was
seconded by Mr. Anderson.
Mr. Neil stated suggested pay increases should be tied to non-bargaining employees
raises. Mr. Neil explained Section 12. Compensation; expenses - Mayor, council
members, and other elected or appointed officials, line 441should include - but no
ordinance increasing the salary of the mayor or city council members shall become
effective until the date of commencement of the terms of the mayor or council
members elected at the next regular election.
Mr. Hare stated he did not agree with Mr. Neil. Mr. Hare explained legislators and
other municipalities tie their pay increases into the Fiscal Year Budget ordinance that
is adopted annually.
Mr. Rocha and Mr. Taylor agreed with Mr. Hare.
Mr. Anderson stated the city is currently raising the salary of city employees to a
minimum wage of fifteen dollars an hour. Mr. Anderson explained if the city is
currently raising the salary of all low wage employees, council should be included,
council is currently below minimum wage.
Responding to Mr. Anderson, Mayor Christiansen stated the public has a safety valve
in its mayor with a veto. Mayor Christiansen agreed that the council needs
compensation and the mayor's office also needs to be evaluated as well. He further
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explained that the employees that make the city shine on a daily basis are the ones
who are not being paid what they should be paid. Mayor Christiansen further
explained this is evident by the number of vacancies and the number of people that
go elsewhere to work for the benefits and pay.
Mr. Hare moved to amend the motion Section 12. Compensation; expenses - Mayor,
council members, and other elected or appointed officials to include once council pay
is established in the FY 23 budget all future council pay raises will be tied to
non-bargaining employees. The motion was seconded by Mr. Boggerty.
Mr. Contant noted he is opposed to striking Section 12. Compensation; expenses -
Mayor, council members, and other elected or appointed officials, line 441 from the
Charter.
Responding to Mr. Contant, Mr. Hare explained the base pay is going to be discussed
in the upcoming budget discussions.
Responding to Mrs. Arndt, Mr. Hugg stated there would be a separate ordinance to
set the compensation of the City Council and that ordinance will become part of the
adoption of the Fiscal Year Budget.
Mr. Hare moved to amend the motion Section 12. Compensation; expenses -
Mayor, council members, and other elected or appointed officials to include
once council pay is established in the Fiscal Year 2023 Budget all future council
pay raises will be tied to non-bargaining employees. The motion was seconded
by Mr. Boggerty. Motion carried 8 yes and 2 opposed (Mr. Neil and
Mr.Contant) (Mr. Sudler was absent).
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Dr. Pillsbury and carried by a unanimous roll call vote.
Mr. Boggerty moved to amend Article III. City Manager, Section 33. The city
manager generally, line 735 - the city manager must be a resident of Kent
County within 180 days of the time of hire. The motion was seconded by
Mr. Hare and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Dr. Pillsbury and carried by a unanimous roll call vote.
Mr. Anderson moved to amend City of Dover Charter, Section 5 Miscellaneous
Provisions, Section 53. Police; mayor to be conservator of peace, line 1168 - to a
majority vote. The motion was seconded by Mr. Hare.
Mayor Christiansen stated he was opposed and it's imperative of the city to keep the
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two-thirds vote for the removal of the Police Chief. He stated the city put in place a
selection process for the hiring of the Police Chief. Council should have continuity
and a maintenance of standards in the two-thirds majority required to remove a Police
Chief.
Responding to Mr. Rocha, Mr. Anderson stated a two-thirds majority would be 6
council members.
Mr. Taylor agreed with Mayor Christiansen and supports the two-thirds majority.
Mr. Anderson moved to amend City of Dover Charter, Section 5 Miscellaneous
Provisions, Section 53. Police; mayor to be conservator of peace, line 1168 - to
a majority vote. The motion was seconded by Mr. Hare and the motion failed
with a vote of 1 yes and 9 opposed (Mrs. Arndt, Mr. Boggerty, Mr. Neil,
Dr. Pillsbury, Mr. Rocha, Mr. Taylor, Mr. Hare, Mr. Contant and
Mr. Shevock)(Mr. Sudler was absent).
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Dr. Pillsbury and carried by a unanimous roll call vote.
Mr. Anderson moved to amend City of Dover Charter, Section 5 Miscellaneous
Provisions Section 54. City Solicitor, line 1201 strike three-fourths and add majority.
The motion failed due to lack of second.
Mr. Neil moved to deny the recommended amendment of the City of Dover
Charter Section 54. City Solicitor and to keep the city solicitor and Deputy City
Solicitor appointed annually. The motion was seconded by Mr. Hare and
unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Dr. Pillsbury and carried by a unanimous roll call vote.
Mr. Hare moved to send the City of Dover Charter amendments to Council for
a first reading as discussed. Mr. Shevock seconded the motion and unanimously
carried.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation,
seconded by Dr. Pillsbury and carried by a unanimous roll call vote.
Mr. Hare moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, seconded by Mr. Contant and unanimously
carried.
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Mr. Hare moved for adjournment of the Council Committee of the Whole
meeting. The motion was seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 8:02 p.m.
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole
Report, seconded by Dr. Pillsbury and carried by a unanimous roll call vote.
APPOINTMENT RECOMMENDED BY COUNCIL - BOARD OF ASSESSMENT APPEALS
- DOUGLAS M. DOYLE FOUR-YEAR TERM EXPIRING MARCH 2026 (TO FILL THE
EXPIRING TERM OF TODD STONESIFER, REAL ESTATE BROKERAGE OF SALE)
By consent agenda, Mr. Neil moved for approval of the appointment of Mr. Douglas M. Doyle,
Real Estate Brokerage of Sales, as recommended by City Council. The motion was seconded
by Dr. Pillsbury and carried by a unanimous roll call vote.
PROPOSED RESOLUTION NO. 2022-02-AMENDMENTS TO THE CITY OF DOVER
CHARTER
Mr. Hugg, City Manager, reviewed proposed Resolution No. 2022-02, amendments to the City of
Dover Charter.
Mr. Hugg commended the City Clerk’s office, specifically Ms. Traci McDowell, who worked
tirelessly to complete the edits to include all of the members of Council’s notes and comments. Mr.
Hugg addressed three sections of the proposal to make sure members of Dover City Council were
comfortable with the proposal and discussed the next steps.
Responding to Councilman Hare, Mr. Hugg explained that he was correct, the City of Dover Charter,
Section 12 Compensation; expenses-Mayor, council members, and other elected or appointed
officials, line number 417-419 if adopted as amended would require Council to adopt pay increases
annually with the adoption of the fiscal year budget ordinance. Increases are not to exceed increases
given to non-bargaining employees. Mr. Hugg further stated that it is his recommendation to use the
same language to make sure there is no future confusion on whether the Mayor and other elected
officials are included.
Mr. Hugg went on to explain that if Council agrees with the proposed resolution, the next step is to
reach out to a legislative attorney and ask them to draft the legislation.
Mr. Hugg stated that with Council’s permission, he would reach out to the Dover area legislators to
be sponsors of the legislation. He stated he is hopeful this can be completed in the month of April
and after the bill is drafted it can get through the General Assembly prior to the end of the Legislative
session.
Mr. Anderson thanked Mr. Hugg and Mrs. McDowell for the hard work on this proposal. Mr.
Anderson then stated that although he is in agreement with the idea of Mayor and Council, because
of being elected officials and having the power to change salaries, he believes that appointed officials
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should not be included due to not having any power or influence in changing salaries.
Mr. Anderson moved to amend proposed Resolution No. 2022-02- Section 12 Compensation;
expenses-Mayor, council members, and other elected or appointed officials by striking out
appointed officials in line 415 and 417. The motion was seconded by Mr. Hare and
unanimously carried.
Mr. Hare moved to adopt Proposed Resolution No. 2022-02 (Exhibit #1), as amended. The
motion was seconded by Mr. Boggerty and unanimously carried (Mr. Neil abstained).
CITY MANAGER'S ANNOUNCEMENTS
Mr. Hugg, City Manager, stated that he had a verbal acceptance of an offer for a new Human
Resources Director and will be bringing that individual forward to City Council. Mr. Hugg also
announced that part of the Congressional appropriation process that the Dover team worked very
hard on last year has been awarded five million dollars for the Garrison Oak Substation.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Taylor, Second District Councilman, stated that he met with Mosaic for a dream building or
brainstorming session. He further explained that Mosaic came in the way that they needed to come
in, listening first and then acting accordingly. He stated it was an honor to work with them. Mr.
Taylor thanked Ms. McDowell, Ms. Bennett, Ms. Engle and Ms. Rivera in the Clerk’s Office.
Mr. Anderson, Fourth District Councilman, thanked everyone for the support of his wife Mrs.
Jeannie Anderson during the loss of her mother, Barbara Jones. Mr. Anderson thanked Ms. Traci
McDowell for everything she has done for the City of Dover in coming out of retirement to help set
up the Clerk’s Office again. Mr. Anderson also thanked the Dover Fire Department and Emergency
Management and extended prayers for the fire in the City of Dover that afternoon. He further
thanked the other council members for allowing the adjustment in the policy language, to allow aid
to be given to members of the community in need. Mr. Anderson also thanked the entire community
for being engaged in assisting those that have been most in need.
Mr. Rocha, First District Councilman, thanked Councilman Anderson for bringing to light all of the
things that he discussed this evening. Mr. Rocha stated that he really appreciated the way Mr.
Anderson is representing the council in a heartfelt way. Mr. Rocha thanked Councilman Anderson,
Council Boggerty and Council President Sudler for stepping up for the students of Fairview
Elementary School. He further explained that there was going to be a celebration for the students
and the entire school for the United Way Program, My Very Own Library and Get Delaware
Reading, a reading event for those students that have read as many books as they could. The
program will be celebrating the champions on Thursday, March 31, 2022 at 1:30 p.m. City Council
is providing all the students pizza and he thanked Council for stepping up to help encourage the
students at Fairview Elementary.
Mr. Boggerty, At-Large Councilman, explained that he ran for City Council because he wanted to
make sure Dover City Council was a conduit of information. He explained that he did confirm that
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we will be doing more and utilizing our two TV stations Channel 20 and Channel 14 to disseminate
more City of Dover information. Mr. Boggerty stated that he spoke to the Code Enforcement
Officers to figure out ways we can share the top code enforcement violations that we see with the
community. The first discussion will be surrounding Code Enforcement violations and it will
continue to play on Dover TV. This will get the message out to the Dover Community. Mr.
Boggerty asked if constituents have other ideas, concepts or topics of discussion please contact him
or Kay Sass.
Mr. Boggerty explained that should the City get a second round of American Rescue Plan Act
(ARPA) funding the committee noticed minor issues and misunderstandings about the application
process. He further explained that the City could use Dover TV to communicate how the
application should work, what they are looking for, and make sure that all our constituents who
would like to apply for it should have the correct information and will have a better opportunity. Mr.
Boggerty suggested that Councilman Neil could use Dover TV to tell the community about the
robust library programs. Mr. Boggerty explained that the goal is to educate the constituents, keep
them informed, and hopefully solve some of the issues at lower levels by just teaching and being
informative.
Mr. Taylor stated that for years Dover on Patrol ran on Comcast. He further explained that he had
talked to Chief Johnson briefly about bringing it back. Mr. Taylor had also mentioned it to the other
members of City Council as well about bringing it back. Having the Dover on Patrol on Dover TV
was informative and it was another tool that allowed our community to know Dover’s Police
Officers, as well as others throughout the community.
Council President Sudler thanked Mr. Taylor and Mr. Boggerty. He explained that Dover TV was
instrumental in sharing information about COVID-19, including what does COVID-19 entail and
what can we expect. He further stated that there was a training with the Code Enforcement at a
Regular City council Meeting to educate our constituents. Mr. Sudler expressed that you can not get
enough education on any topic that the City deals with on a daily basis.
Dover Fire Chief David Carey updated Council about the recent fire on Loockerman Street. He
explained that it was unfortunate that someone lost their life and all the occupants lost their property
in the Loockerman Street fire a week and a half ago. It was a complex fire in downtown Dover due
to the age and construction of the adjoining buildings, their common attics, the common basements
between several buildings and has always been a concern to the fire department. This construction
gives a fire a means to travel very rapidly through a building and causing the damage that it did. The
fire department has been pre-planning for a fire of this magnitude in downtown Dover for several
years. The fire department has always been afraid that we were going to lose an entire block if there
was ever had a fire like this.
Chief Carey explained that he could not be more proud of the men and women of the Dover Fire
Department and the surrounding fire companies that assisted, how they responded, and that they kept
the fire contained to the single building. Chief Carey explained that he was in Wisconsin when the
fire took place and that he listened to the radio all night long. He stated he was very proud and that
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CITY COUNCIL MEETING OF MARCH 28, 2022 PAGE 15
everyone did a great a job. He stated that they appreciate the assistance from Dover PD, St. Francis
EMS, City Electric, the Water Department, the Public Works Department, the City Fire Marshal's
Office, and the Emergency Manager for their help that night. Chief Carey also thanked the Mayor,
City Council and the City Manager's Office for providing the Fire Department with continued
support, state-of-the-art equipment to do our job well, and allowing the volunteers who are city
employees to assist with fire suppression needs that day.
Chief Carey again thanked Council and the Mayor for what they do for them. He stated that it was
great to see all the different departments of the city and the county come together and work hand in
hand for the best outcome that they could for the occupants that lived in that building.
Mr. Neil moved for adjournment, seconded by Mrs. Arndt and unanimously carried.
Meeting adjourned at 7:25 p.m.
ANDRIA L. BENNETT
CITY CLERK-SELECT
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of March 28, 2022 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/AB
S:\AGENDAS-MINUTES-PACKETS\Council-Minutes\2022\03-28-2022 REGULAR.wpd
Exhibits
Exhibit #1 - Resolution No. 2022-02 - Request to the General Assembly to Amend the City of Dover Charter
Página 16
EXHIBIT #1
Regular City Council Meeting of 03/28/2022
City of Dover
MAYOR AND COUNCIL
COUNCIL RESOLUTION NO. 2022-02
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
That the City of Dover Legislative, Finance, and Administration Committee has conducted a thorough
review of the City of Dover Charter and has recommended amendments; and
BE IT FURTHER RESOLVED that the recommendations have been considered by City Council, which has
determined that the City of Dover Charter should be amended; and
BE IT FURTHER RESOLVED that the General Assembly of the State of Delaware is hereby respectfully
requested to amend the Charter of the City of Dover, which amendments, if adopted by the General
Assembly, would be as follows:
PART I - CHARTER AND RELATED LAWS[1]
Subpart A - CHARTER[2]
PREAMBLE [3]
We the people of the City of Dover, under the constitution and laws of the state of Delaware, in order to
secure the benefits of local self-government and to provide for an honest and accountable council manager
government do hereby adopt this charter and confer upon the city the following powers, subject to the
following restrictions, and prescribed by the following procedures and governmental structure. By this
action, we secure the benefits of home rule and affirm the values of representative democracy, professional
management, strong political leadership, citizen participation, and regional cooperation. 77 Del. Laws,
c. 130, § 1
ARTICLE I. POWERS OF THE CITY
Sec. 1.01. Powers of the City.
In addition to the powers specifically enumerated by statutes in Title 22 of the Delaware Code and
elsewhere, the City of Dover shall assume and have all powers which under the Constitution of the State it
would be competent for the General Assembly to grant by specific enumeration, and which are not denied
by statute. 77 Del. Laws, c. 130, § 2
(Amd. of 7-8-2009 (S.B. 165, § 2))
P.O. Box 475 Dover, Delaware 19903
Community Excellence Through Quality Service
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COUNCIL RESOLUTION NO. 2022-02 - REQUEST TO THE GA FOR CHARTER AMENDMENTS PAGE 2
Sec. 1.02. Construction.
The powers of the city under this charter shall be construed liberally in favor of the city, and the specific
mention of particular powers in the charter shall not be construed as limiting in any way the general power
granted in this article. 77 Del. Laws, c. 130, § 2
(Amd. of 7-8-2009 (S.B. 165, § 2))
Sec. 1.03. Intergovernmental Relations.
The city may participate by contract or otherwise with any governmental entity of this state or of the United
States in the performance of any activity which one or more of such entities has the authority to undertake.
77 Del. Laws, c. 130, § 2
(Amd. of 7-8-2009 (S.B. 165, § 2))
Sec. 1.04. Municipal corporation continued; boundaries.
The municipal corporation of the State of Delaware, known as "the City of Dover" shall continue to be a
body politic and corporate. The boundaries of the City of Dover are hereby established and declared as
recorded on the official map of record in the Recorder of Deeds Office in and for Kent County and State of
Delaware as presently existing and as hereinafter amended. 77 Del. Laws, c. 130, § 2
(Amd. of 7-8-2009 (S.B. 165, § 2))
Sec. 1.05. Procedure to extend boundaries.
The city may, from time to time, extend its boundaries in accordance with Title 22, Chapter 1, Section 101
(22 Del. C. §101) through the following annexation processes:
(1) In the case where annexation is petitioned by all owners of all property considered for
annexation, no election shall be required.
For an annexation petition not requiring an election, such petition shall be processed in
accordance with procedures established for amendments to the zoning map, specified in
Dover Code, Appendix B - Zoning. All annexation petitions shall be processed concurrently
with the rezoning of the property considered for annexation and shall be subject to public
hearing before City Council. Public notice shall be completed in accordance with the
provisions of the Dover Code relating to amendment of the zoning map.
(2) In the case where annexation is not petitioned by all owners of all property considered for
annexation, such annexation shall be subject to an election, as follows:
(a) In order to extend the boundaries of the City of Dover the council shall adopt a
resolution proposing the inclusion of all property considered for annexation within
the limits of the City of Dover and calling for a special election to be held not less
than thirty (30) nor more than sixty (60) days after the adoption of the resolution, in
accordance with Title 22, Chapter 1, Section 101, Delaware Code. The resolution
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COUNCIL RESOLUTION NO. 2022-02 - REQUEST TO THE GA FOR CHARTER AMENDMENTS PAGE 3
shall contain a description of all property considered for annexation, the date of the
election, and the place or places of said election. The resolution shall be published
in at least two (2) issues of a newspaper of general circulation within the City of
Dover at least two (2) weeks prior to the day of said election.
(b) The annexation election shall be held by the city's election officers. Each owner of
the property considered for annexation shall be entitled to one (1) vote. Owners of
real estate in common shall be entitled to one (1) vote each. Life tenants shall be
entitled to one (1) vote each but the holders of the remainder interest or similar
interest subject to the life estate shall not be entitled to vote. Corporations, firms or
associations shall be entitled to one (1) vote, the same as private persons.
More than one (1) annexation election may be held on the same day; however, the
elections shall be separate.
The council of the City of Dover shall provide the ballots and shall bear the cost of
holding such annexation elections. The ballots shall briefly indicate the property
proposed for annexation and shall provide two (2) boxes on the ballot beside which
shall appear the words "FOR inclusion within the City of Dover," and "AGAINST
inclusion within the City of Dover." Each voter shall indicate their preference by
making a mark within the box beside the words expressing their preference.
For the annexation election, the polls shall open at 11:00 a.m. and remain open until
each eligible voter has cast their vote or until 8:00 p.m., whichever occurs first. When
the polls are closed the election officers shall publicly count the votes and forthwith
certify to the clerk of the council the number of votes cast for and against inclusion
within the city limits. At the next regular or special meeting of the council the mayor
and council shall receive the results of the election and make the same a part of the
minutes of said meeting.
If a majority of the votes cast in an annexation election are in favor of the inclusion
of that property, the council may thereupon adopt a resolution annexing said property
and including same within the limits of the City of Dover. Upon the adoption of a
resolution of annexation a copy thereof certified by the city clerk and a plot of the
area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent
County, and the area so annexed shall for all purposes thenceforth be part of the City
of Dover.
If a majority of the votes cast in an annexation election shall be against the inclusion
of that property within the limits of the City of Dover, the proposed annexation of
said property shall be declared to have failed. Nothing in this Charter shall prohibit
the council from resubmitting a proposal for annexation to the eligible voters for said
property, or any portion thereof, under the authority of this section and in accordance
with the provisions thereof. 77 Del. Laws, c. 130, § 2; 79 Del. Laws, c. 106, § 1
(Amd. of 7-8-2009 (S.B. 165, § 2); Res. No. 2013-10 (S.B. 71), 3-11-2013 )
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COUNCIL RESOLUTION NO. 2022-02 - REQUEST TO THE GA FOR CHARTER AMENDMENTS PAGE 4
Sec. 2. Status, general corporate powers, specific provisions for condemnation of property.
The inhabitants of the City of Dover within the boundaries defined in Section 1.04 of this Charter, or within
the boundaries hereafter established, shall continue to be a body politic and corporate, by the name of "the
City of Dover," and under that name shall have perpetual succession; may have and use a corporate seal; may
sue and be sued; may hold and acquire by purchase, gift, devise, lease or condemnation, real property and
personal property within or without its boundaries for any municipal purpose, in fee simple or lesser estate
or interest, and may sell, lease, hold, manage, and control such property as its interest may require; and shall
have all other powers and functions requisite or appropriate for the government of the city, its peace and
order, its sanitation, appearance and beauty, the health, safety, convenience, comfort and well-being of its
population, and the protection and preservation of property, public and private.
Whenever it shall be necessary for any municipal purpose to condemn any real property or personal property
under this Charter, except as is herein otherwise specifically provided, the council must follow applicable
State Law. 77 Del. Laws, c. 130, § 3
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 3))
Sec. 3. Employee pension, benefit and retirement systems authorized.
The City of Dover is hereby authorized, empowered and permitted to establish a system of pensions or
benefits through group insurance or otherwise as may be found proper and necessary, providing for life,
accident, health, hospitalization and death benefits, or any or either of them, for the regular employees of
the said "The City of Dover." The said "The City of Dover" is hereby authorized, empowered and permitted
to enter into an agreement or agreements with one or more insurance companies to provide a group insurance
plan or plans, as may be required or proper to carry out such system of pensions or benefits. The election
to exercise such authority on the part of the city shall be evidenced by an ordinance or resolution duly
adopted by the council of the City of Dover as other ordinances or resolutions are adopted, and the same
shall be recorded in the official minutes of the said council. Such ordinance or resolution shall provide for
and establish a fund for the payment of the costs of such pension system or benefits by making
appropriations out of the treasury of the said "The City of Dover," or by requiring contributions payable from
time to time by the employees included in such plan or plans, or by a combination of both, or by any other
method not prohibited by law. The participation in any plan adopted shall be deemed to be mandatory by
the City of Dover and made a condition of employment and continuing employment.
The city council shall have power to enact ordinances for a pension or retirement system for the police of
the City of Dover, and to set aside a special fund for that purpose which fund shall be administered in
accordance with ordinances made and provided in that behalf and the laws of the State of Delaware.
ARTICLE II. MAYOR AND COUNCIL
Sec. 4. General powers and duties.
All powers of the city shall be vested in the city council, except as otherwise provided by law or this Charter,
and the council shall provide for the exercise thereof and for the performance of all duties and obligations
imposed on the city by law. 77 Del. Laws, c. 130, § 5
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 5))
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COUNCIL RESOLUTION NO. 2022-02 - REQUEST TO THE GA FOR CHARTER AMENDMENTS PAGE 5
Sec. 5. Council to be legislative body; size; districts; terms of mayor and councilmembers;
qualifications.
The council shall be the legislative body of the city and composed of nine (9) members nominated and
elected as herein provided.
The city shall be divided into four (4) election districts, the boundaries of which shall be established by
council so that they are nearly equal in population based on the latest federal decennial census information.
The district boundaries established for municipal elections shall be used for the next regular municipal
election and shall continue in effect until the next succeeding federal decennial census is made available for
use by municipalities in the State of Delaware.
The term of mayor shall be for a period of four years commencing on the second Monday in May following
their election and continuing for a term of four years until the second Monday in May, or until their
successor has been duly elected and qualified.
The terms of the councilmembers shall be for a period of four years, commencing on the second Monday
in May following their election and continuing for a term of four years until the second Monday in May, or
until their successors have been duly elected and qualified. The mayor and at-large councilmember shall be
elected at alternating biennial regular municipal elections.
In order to be eligible to be elected as mayor or as a member of council, the person must as of the date of
the election be:
(1) A citizen of the United States and of the State of Delaware;
(2) A resident of the city and having continuously resided therein or in an area annexed to the
city during the two (2) years immediately preceding the day of the election;
(3) A resident of the election district from which they are seeking election, unless they are
seeking election as an at-large councilmember or mayor;
(4) Eighteen (18) years of age or older;
(5) Nominated therefore, as hereinafter provided; and.
(6) A registered voter of the City of Dover.
Holding Other Office. Except where authorized by law, no councilmembers shall hold any other elected
public office, city office, or city employment during the term for which the member was elected to the
council. No former councilmembers shall hold any compensated appointive office or employment with the
city until one year after the expiration of the term for which the member was elected to the council, unless
granted a waiver by the board of ethics (ethics commission). 77 Del. Laws, c. 130, § 6; 78 Del. Laws, c. 2,
§ 1; 78 Del. Laws, c. 213, § 1; 79 Del. Laws, c. 105, § 1.
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 6); Ord. No. 2010-23, 8-23-2010 (S.B. 8);
Res. No. 2011-11 (S.B. 165), 10-10-2011; Res. No. 2013-09 (S.B. 69), 3-25-2013)
Sec. 6. Municipal election; dates, time, and place of elections.
Regular municipal elections shall be held biennially on the third Tuesday in April. All other municipal
elections that may be held shall be known as special municipal elections. At each such municipal election,
the polls shall be opened at 7:00 a.m. and closed at 8:00 p.m. The council may designate the places of
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COUNCIL RESOLUTION NO. 2022-02 - REQUEST TO THE GA FOR CHARTER AMENDMENTS PAGE 6
election and make all necessary rules and regulations not inconsistent with this Charter or with other laws
of the State of Delaware for the conduct of elections, for the prevention of fraud in elections, and for the
recount of ballots in case of doubt or fraud. At alternating biennial regular municipal elections held on the
third Tuesday in April, five councilmembers shall be elected for a term of four years, four of whom shall
be elected by district voting from each of the districts as designated by council and one of whom shall be
elected by at-large voting by all voters of the city, as provided in section 5 of this Charter. At the next
biennial regular municipal election held on the third Tuesday in April, four councilmembers shall be elected
by district voting from each of the districts as designated by council for a term of four years, and a mayor
shall be elected by at-large voting by all voters of the city for a term of four years, as provided in section 5
of this Charter. 77 Del. Laws, c. 130, § 7; 78 Del. Laws, c. 213, § 2.
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 7); Res. No. 2011-11 (S.B. 165),
10-10-2011)
Sec. 7. Nominating petitions for candidates for council and mayor.
The mode of nomination of candidates for the council and for mayor shall be by petition, signed by not less
than ten (10) nor more than twenty-five (25) registered voters of the city, filed with the city clerk. In the
years when a mayor is to be elected, nominating petitions for candidates for mayor shall be accepted no
sooner than the first working day of January and not later than the last working day of January at or before
4:30 p.m. Nominating petitions for candidates for council shall be accepted no sooner than the first working
day of January and not later than the last working day of January biennially at or before 4:30 p.m.
Whenever a petition nominating a person for the office of mayor or councilmember shall have been filed
as above prescribed, the name of such person shall be printed on the ballot for the regular biennial municipal
election as a candidate for the office for which they were nominated, provided they possess the qualifications
prescribed by this Charter for a candidate for such office.
No nominating petition shall designate more than one person to be voted for as a member of council or as
mayor.
The signers of a nominating petition for a member of the council must be registered voters of the city
residing in the city election district in which the nominee resides; but the signers of a nominating petition
for the mayor and for the at-large councilmember may be registered voters of the city residing in the city
at-large.
There must be attached to each nominating petition an affidavit of the circulator thereof, stating the number
of signers and that each signature appended thereto was made in their presence, and is the genuine signature
of the person whose name it purports to be, and that all of said signers are entitled to vote at the regular
municipal election referred to; and, in the case of a petition nominating a candidate for councilmember
running from a particular district and to be elected by district voting, that the circulator of the petition verily
believes that each signer of said petition is a resident of the same city election district in which the nominee
resides.
With each signature shall be stated the place of residence of the signer, giving the street address or other
description sufficient to identify the same. The form of the nominating petition shall be substantially as
follows:
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COUNCIL RESOLUTION NO. 2022-02 - REQUEST TO THE GA FOR CHARTER AMENDMENTS PAGE 7
We, the undersigned, registered voters of the City of Dover, hereby nominate ___________, who
resides in the ___________ City District of the said City of Dover, for the office of councilmember
(or for the office of mayor as the case may be) to be voted for at the regular municipal election to be
held in the said City, on the ________ day of ________ in the year ________; and we individually
certify that we are qualified to vote for a candidate for the office named, and that we have not signed
any other nominating petition for that office, and that our places of residences are truly stated after
our signatures.
Name
Street address
(Space for Signatures)
STATE OF DELAWARE
KENT COUNTY
SS.
________ being duly sworn (or affirmed) deposes and says that they were the circulator of the foregoing
petition paper containing ___ signatures, and that the signatures appended thereto were made in their
presence, and are the signatures of the persons whose names they purport to be, and that they verily believes
the residence of each signer thereof to be truly stated, and that all of said signers are entitled to vote at the
regular municipal election referred to in said paper; and, in case the petition is nominating a candidate for
councilmember to be elected from a specific district by district voting, that each signer of said petition is a
resident of the same city election district in which the nominee resides.
(Signed)
Subscribed and sworn to (or affirmed) before me this ________ day of ________
___________ Justice of the Peace (or Notary Public)
77 Del. Laws, c. 130, § 8; 78 Del. Laws, c. 213, § 3.
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 8); Res. No. 2011-11 (S.B. 165),
10-10-2011)
Sec. 8. Election board; counting of votes; determination of winners; tie votes; persons eligible to vote;
voter registration; official ballots and voting machines; absentee ballots.
There is hereby created the election board which shall be a non-elected body to oversee the municipal
elections, as well as to serve as an advisory board to council on such matters as voter registration, municipal
elections, election rules and regulations, and polling locations for City elections. The board shall be
composed of five (5) members, serving three (3) years terms, to be appointed by the mayor and confirmed
by council at the Annual Meeting, or as necessary to fill vacancies as they occur. One member shall be
appointed from each district into which the city has been divided for election purposes, and one member
shall be appointed on an at-large basis. The city clerk shall serve as a liaison member of the board. Upon
expiration of the term of appointment, a member shall serve until their successor has been duly appointed.
If a vacancy occurs during the term of any member of the election board, a person residing in the same
numbered district shall be appointed to fill the remainder of said term. Members serve without salary, but
shall be paid a per diem allowance as specified by city ordinances.
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COUNCIL RESOLUTION NO. 2022-02 - REQUEST TO THE GA FOR CHARTER AMENDMENTS PAGE 8
To be eligible for appointment to the election board, each prospective member shall be a citizen of the
United States, a registered voter within the city, and have resided within the geographical boundaries of the
city for one year preceding the appointment. The mayor and members of council, their parents, spouse, or
children, shall not be eligible for appointment to the election board.
Election board members will voluntarily remove themselves from the election board prior to participating
in any campaign to elect a candidate. Upon certification of the election results, the election board member
shall resume their duties on the board. If a majority of councilmembers determine that a conflict of interest
or a potential conflict of interest exists regarding an election board member and a candidate, then the election
board member shall be temporarily removed from the election board.
All elections shall be held by an election board. The city clerk may designate such other persons as they shall
deem necessary to assist the members of the election board in the conduct of the election and counting of
the ballots. Should any or all of the members of the election board be absent from the place of election at
7:00 a.m. on the day of the election or fail or neglect to act in the conduct of such election during the time
the polls are open and until the ballots are counted and the results of the election certified, the voters of the
city present at such time may choose from the qualified voters of the city such person or persons as shall be
necessary to fill places made vacant by the absence or neglect aforesaid.
When the polls are closed, the election board shall publicly count the votes and shall certify the results of
the election to each of the persons elected and to the council. The candidate for the office of mayor who
receives the highest number of votes cast for that office shall be declared to be elected mayor; the candidate
for the office of at-large councilmember who receives the highest number of votes cast for that office shall
be declared to be elected at-large councilmember; and the candidates for the offices of councilmember from
each district who receive the highest number of votes cast by voters who reside in that district and cast votes
for councilmember of that district shall be declared to be elected to that office. In the event of a tie vote for
any office, a special election for said office(s) only shall be held within thirty (30) days and the registration
books shall remain closed until the outcome of the special election is determined.
Every resident of the City of Dover who shall have reached the age of eighteen (18) years by the time of the
election and who is properly registered to vote shall be entitled to vote at all regular or special municipal
elections. A voter will be considered properly registered to vote if they are properly registered to vote for
state elections in accordance with Title 15 of the Delaware Code as amended.
The council shall provide for the use of voting machines in all regular and special municipal elections in
conformity with Title 15 of the Delaware Code. The names of the candidates for each office shall be listed
in alphabetical order on the voting machines under the name of the office to which they seek election. The
voters shall designate their choice of candidates in accordance with the regular method of operation of voting
machines. The council may provide sample ballots plainly marked as such and printed on paper of any color
except white to be distributed to any voter or candidate who requests them prior to or during the election.
Any qualified voter, duly registered, who shall be unable to appear to cast their ballot at any election either
because of being in the public service of the United States or of this state, or because they will be
unavoidably absent from the city on the day of the election, or because of their sickness or physical disability
may cast a ballot at such election by absentee ballot to be counted in the total of such election. The council
may provide the rules and regulations for such absentee voting by ordinance for all elections. 77 Del. Laws,
c. 130, § 9,10
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, §§ 9, 10))
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COUNCIL RESOLUTION NO. 2022-02 - REQUEST TO THE GA FOR CHARTER AMENDMENTS PAGE 9
Sec. 9. Meetings of mayor and council-Generally.
On the second Monday in May, the mayor and council shall meet at the usual place for holding council
meetings and newly elected officers shall assume the duties of office, being first duly sworn or affirmed to
perform their duties with fidelity. Such meeting shall be called or known as the annual meeting. Thereafter,
the council shall hold regular meetings at such times as may be prescribed by ordinance, but not less
frequently than once each month. Special meetings may be called and held as prescribed by ordinance. All
meetings of the council shall be open to the public except executive sessions.
At the annual meeting held on the second Monday in May, the members of council shall elect one of their
members to serve as council president, such term to be in effect until the next regularly scheduled annual
meeting or until a successor is elected. The council president shall serve as vice-mayor. The council
president shall preside over regular and special council meetings.
The mayor shall preside over the annual meeting and quarterly town meetings, and at the annual meeting
present a state of the city message and offer mayoral appointments for council confirmation.
In the event of absence of the council president, then the senior member of council in terms of length of
service as a councilmember or the council president’s designee shall assume the duties of the council
president and shall be designated council president acting. In the event that two (2) or more members of
council have the same seniority in terms of length of service as a councilmember, then the members of
council shall vote and elect one of those as council president acting. Council president acting shall fulfill
all of the duties and responsibilities of council president during their period of unavailability or absence.
After a period of 30 days council will hold an election for a council president pro tempore who will fill the
vacancy until the council president returns.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 10. Meetings of mayor and council-Procedure.
Five (5) of the members elected to the council shall constitute a quorum to do business, but a less number
may adjourn from time to time and may compel the attendance of absent members in such manner and under
such penalties as may be prescribed by ordinance.
No ordinance, resolution, motion or order shall be valid unless it shall have (1) the affirmative vote of a
majority of the members elected to the council, and (2) the written approval of the mayor, or the vice-mayor
in those cases where the vice-mayor is authorized to act as mayor as provided in section 15 hereof, provided
that in the absence of such approval by the mayor, or the vice-mayor as the case may be, the council may,
after not less than seven (7) days nor more than thirty-five (35) days after the prior vote, pass or adopt the
said ordinance, resolution, motion or order which did not receive the approval of the mayor, or the
vice-mayor, by the affirmative vote of two-thirds of the members elected to council.
Whenever the council shall adopt an ordinance, resolution, motion or order, it shall be the duty of the mayor,
or the vice-mayor, to signify their approval or disapproval thereof in writing to the city clerk within seven
(7) days thereafter. The city clerk shall forthwith notify the members of the council of such approval or
disapproval.
Motions to adjourn meetings of council and orders to compel the attendance of absent members shall not
require the approval of the mayor or vice-mayor.
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A councilmember shall abstain from voting on a matter that they feel would involve the consideration of
their own official conduct, on a matter in which they have a financial interest, in a matter in which they have
a conflict of interest or in accordance with a policy adopted by council.
The yeas and nays shall be taken upon the passage of every ordinance and resolution and entered together
with the text of the ordinance or resolution upon the journal of the proceedings of the council. The journal
shall be deemed conclusive evidence of the facts stated therein except in the case of fraud.
The city council may adopt any standard code of technical regulations by reference thereto in an adopting
ordinance. The procedure and requirements governing such an adopting ordinance shall be as prescribed for
ordinances generally except that:
(1) The requirements for distribution and filing of copies of the ordinance shall be construed to
include copies of the code of technical regulations as well as of the adopting ordinance, and
(2) A copy of each adopted code of technical regulations as well as of the adopting ordinance
shall be authenticated and recorded by the city clerk.
Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution
or for purchase at a reasonable price. 77 Del. Laws, c. 130, § 11
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 11))
Sec. 11. Council to be judge of election results and qualification of members; power to fix procedure.
The council shall be the judge of the election results and qualification of its members and, in such cases,
shall have power to subpoena witnesses and compel the production of all pertinent books, records and
papers; but the decision of the council in any such case shall be subject to review by the courts. The holding
over members shall constitute the council for the purpose of determining election contests. The council shall
determine its own rules and order of business and keep a journal of its proceedings. It shall have power to
compel the attendance of absent members, and may punish its members for disorderly behavior.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 12. Compensation; expenses-Mayor, councilmembers, and other elected or appointed officials.
The city council shall determine the annual salary and emoluments of the mayor, councilmembers, and other
elected or appointed officials by ordinance to be adopted annually with the adoption of the Fiscal Year
Budget ordinance. Once the mayor and council’s annual salaries are established in Fiscal Year 2023, all
future mayor and council pay raises will be tied to increases for non-bargaining employees. The mayor and
councilmembers shall receive their actual and necessary expenses incurred in the performance of their duties
of office. 77 Del. Laws, c. 130, § 12
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 12))
Sec. 13. Vacancies; forfeiture of office; filling of vacancies.
(a) Vacancies. The office of mayor or a councilmember shall become vacant upon their death,
resignation, or removal from office or forfeiture of office in any manner authorized by law.
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(b) Forfeiture of Office. The mayor or councilmember shall forfeit that office if they:
(1) Fail to meet the residency requirements,
(2) Violate any express prohibition of this charter,
(3) Are convicted of a crime involving moral turpitude, or
(4) Fail to attend three consecutive regular meetings of the council without being
excused by the council.
In the case of any such vacancy or of any vacancy created by death, resignation or otherwise for which said
vacancy shall be six months or less in duration from the next regular or special election, the vacancy shall
be filled at the next regular or special election if there is sufficient time to meet the requirements of the
Dover Code of Ordinances, the City of Dover Charter, and Title 15 of the Delaware Code. If such vacancy
should be in excess of six months in duration, a special election shall be held to fill such vacancy, this
special election to be held no sooner than 60 days from the date of the vacancy, but said special election to
be held no later than 90 days after the date of the vacancy. If council fails to call for a special election, the
special election shall be called by the election board. 77 Del. Laws, c. 130, § 13
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 13))
Sec. 14. Duties of mayor.
The mayor shall be the executive and chief official of the city. The mayor shall have the powers and perform
the duties conferred and imposed by this Charter and ordinances of the city. The mayor shall preside at the
annual meeting of the council and at all quarterly town meetings. The council president shall preside at all
other meetings of the council. The mayor shall have no vote on council matters of any nature whatsoever.
The mayor is an ex officio member of all committees, but shall have no vote.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 15. Council president/vice-mayor, duties of.
At each annual meeting, the council shall elect one of their number as council president who shall also serve
as vice-mayor. During a vacancy in the office of mayor or during the absence or disability of the mayor, the
vice-mayor shall have all the powers and duties of the mayor, except as hereinafter provided. The council
president and vice-mayor shall retain their right to vote as councilmember at all times although they may
be acting as the mayor, unless the mayor's absence appears to be indefinite or extended, in which case
council shall pass a resolution appointing the vice-mayor as mayor until the mayor's position is either filled
in accordance with section 13 hereof or the mayor returns to their duties, which resolution shall provide that
the vice-mayor shall have the right to approve or disapprove council action in accordance with section 10
hereof, in which case the vice-mayor shall lose their vote as councilmember until further action is taken by
council.
(Amd. of 7-12-2005 (S.B. 126))
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Sec. 16. City clerk.
The city clerk shall be appointed by a majority vote of the city council to hold office until their successor
has been duly chosen and qualified, but subject to removal at any time by the council. The city clerk shall
give notice of council meetings to its members and the public, keep the journal of its proceedings and
perform such other duties as are assigned by this charter or ordinance or by the council or by state law.
77 Del. Laws, c. 130, § 14
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 14))
Sec. 17. Controller/treasurer.
The controller/treasurer shall be appointed by a majority vote of the city council to hold office until their
successor has been duly chosen and qualified, but subject to removal at any time by the council.
The controller/treasurer shall be the custodian of all the city funds and shall deposit them in a banking
institution designated by the council. 77 Del. Laws, c. 130, § 15
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 15))
Sec. 18. Ordinances authorized; maximum penalty for violation.
The council is hereby vested with the authority to adopt ordinances of every kind relating to any subject
coming within the powers and functions of the city, or relating to the government of the city, its peace and
order, its sanitation, appearance and beauty, the health, safety, convenience and comfort of its population,
and the protection and preservation of property to include regulation of rental properties, safe communities,
and land rentals, and to fix and impose and enforce the payment of fines and penalties for the violation of
any such ordinance; such penalties will be provided by the Dover Code of Ordinances and no provision in
this Charter as to ordinances on any particular subject shall be deemed or held to be restrictive of the power
to adopt ordinances on any subject not specifically enumerated. 77 Del. Laws, c. 130, § 16
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 16))
Sec. 19. Power of council to define and abate nuisances.
The council shall have power to define nuisances and cause their abatement.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 20. Power of council to provide for fire protection measures.
The council shall have power to adopt all measures requisite or appropriate for protection against fire. To
this end the council may adopt ordinances prohibiting the use of building materials that the council deem
would create a fire hazard, and may zone or district the city and make particular provisions for particular
zones or districts with regard to buildings and building materials. This power shall be deemed to embrace
new buildings or additions to or alterations of existing structures of every kind. The council shall have the
power to condemn any building or structure or portion thereof that it deems to be a health hazard or
constitutes a fire menace or to require or cause the same to be torn down, removed, or so altered as to
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eliminate the health hazard or menace of fire.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 21. Power of council to adopt zoning ordinances.
The council may adopt zoning ordinances limiting and restricting to specified districts, and regulating
therein, buildings and structures according to their construction and the nature and extent of their use.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 22. Power of council to regulate construction of buildings and require permits; building inspector
authorized.
The power of the council to adopt ordinances for the safety of the city and its population shall be deemed
to embrace the right to prescribe the height and thickness of the walls of any building and the kind and grade
of materials used in the construction thereof.
The council may provide for the issuance of building permits and forbid the construction of a new building
or the addition to or alteration and repair of an existing building except when a building permit has been
obtained therefore. The council may appoint a building inspector and prescribe their powers and duties.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 23. Power of council to create city planning commission; members generally.
The council may create a city planning commission for the development, improvement, and beautification
of the city, and prescribe its powers and duties. No member of the planning commission may hold at the
same time, any elected city office.
Members of any planning commission created by the city shall consist of two (2) members from each council
district and one member serving at-large.
All members of the planning commission must be residents of the City of Dover.
Each appointed member of the commission shall receive per diem reimbursement for expenses to be paid
monthly for preparation and attendance at each meeting of the planning commission attended in an amount
to be set by council.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 24. Power of council to franchise or license public utilities and common carriers.
The council shall have the right to grant or refuse franchises or licenses to public utilities and common
carriers and fix the terms and conditions thereof and to regulate their use of the streets, lanes, alleys,
rights-of-way, and air space or airways of the city.
(Amd. of 7-12-2005 (S.B. 126))
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Sec. 25. Power of council to operate light, power or water plant.
The council shall have power to operate a light, power and water plant for the city, and to do all things
necessary for its maintenance and operation. The council may at their option transmit electric current and/or
water from its said plant to places or properties outside of the city limits upon such terms, charges and
conditions as they shall determine.
The council shall have power to adopt ordinances, rules and regulations in regard to the use for public or
private purposes of electric current distributed and or water furnished by the city and the amount to be paid
by the users thereof, and fix fines and penalties for any willful or negligent injury or damage to its water and
light plant, and to any objectionable use in connection with its light and water system, and to any
interference with or obstruction of the said system.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 26. Power of council with reference to sewers.
The council shall have superintendence and supervision of the sewers and the sewer system of the city. They
shall have power to install any or additional sewers in the city. The council may by condemnation
proceedings take for sewer purposes, private land, or the right to use private land under the surface thereof,
for the laying of sewer mains. The proceedings by condemnation under this section shall be the same as
prescribed by Section 27 of this Charter with regard to the laying out of new streets, and the resolutions
referred to in said section shall be modified to cover the case contemplated by this present section.
The council shall have power to make all ordinances, rules and regulations regarding the sewers and sewer
system of the city and the use thereof, and may fix fines and penalties for the violation of the provisions of
such ordinances. The council may require any property in the city to be connected with the water and sewer
mains and to compel the owner of such property to pay the cost of such connection and the tapping fee or
charge therefore. The connecting with the water or sewer mains and the tapping thereof shall be under the
regulation and control of the council.
The council may extend the sewer system of the city to places outside of the city limits upon such terms,
charges and conditions as it shall determine.
The council is hereby authorized to impose a charge or rent for the use of the sewer system of the city, both
within and without the limits of the city, and in addition to the connection or tapping charges.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 27. Power of council to lay out, locate, abandon, etc., streets, sidewalks, etc.
The council shall have power and authority to lay out, locate, accept, and open new streets and to widen and
to alter existing streets or parts thereof, and to vacate or abandon streets or parts thereof, whenever they shall
deem it for the best interest of the city.
Whenever, the land comprehended or included in any street, or part thereof, vacated or abandoned under this
section is owned by the city, the council may, in their discretion, sell such land either at private or public sale
and for such consideration as the council shall deem proper, and shall have the right and power to convey
to the purchaser or purchasers thereof a good and sufficient title thereto.
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The word 'street' shall be deemed and held to comprehend and include sidewalks, lanes and alleys.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 28. Power of council to pave streets, sidewalks, etc. and levy assessment for public improvements;
municipal lien docket.
The council shall have power to pave or repave, or to cause to be paved, or repaved, the streets and
sidewalks of the city, or any part or portion thereof, with such material or materials as it shall determine.
The power hereby conferred shall be exercised in the following manner, pursuant to Chapter 98 - Streets,
Sidewalks, Storm Sewers and Other Public Places of the Dover Code, to wit:
SIDEWALKS
A. It shall be the duty of the city manager to cause said sidewalks to be laid or altered or improved, as
the case may be.
STREETS
B. It shall be the duty of the city manager to cause said streets to be laid or altered or improved, as the
case may be. The provisions of this subsection, relating to the paving or repaving of streets, shall be deemed
to apply to and include curbs and gutters.
SPECIAL ASSESSMENTS
C. The city shall have the authority to levy and collect special assessments upon property in a limited
and determinable area for special benefits accruing to such property as a consequence of any
municipal public work or improvement, and to provide for the payment of all, or any part of, the cost
of the work, service or improvement out of the proceeds of such special assessments.
When the term "owner" or "owners" is used with respect to special assessments, it shall be deemed
to mean the person or persons who owned the property in question at the time of the enactment of
the assessment ordinance, and, any change in ownership thereafter shall not be deemed to affect any
of the steps or proceedings described in this Charter with respect to special assessments.
The council shall also have the authority to enact ordinances which provide for the levy and
collection of assessments against property owners for the cost of installation of sanitary sewers,
storm sewers, water mains, streets, sidewalks, street lights, curbs, gutters and other public
improvements.
Such ordinances shall prescribe:
(1) The basis to determine the amount which shall be assessed upon the properties abutting the
public work or improvement;
(2) What portion of corner properties shall be considered frontage and what portion side frontage
and whether there shall be any exemption on side frontage;
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(3) Payment provisions providing for payment in installments, except that assessments for
current services or service connections shall be payable within one year; and
(4) Rules under which individual appeals shall be heard.
All special assessments and all water and sewer service charges shall be liens and shall be entered in the
municipal lien docket as liens.
The council may provide for the payment of special assessments for whatever purpose levied by
installments, but assessments for permanent improvements shall be paid in annual or more frequent
installments, and, assessments for current services shall be payable within one year.
MUNICIPAL LIEN DOCKET
D. A docket known as the "City of Dover Municipal Lien Docket" shall be prepared and maintained by
the city manager. The docket shall be substantially the same in form as the judgment docket for Kent
County and shall contain an index according to the name of the owner against whom such lien has
been assessed. All taxes and all charges for water service, sewer service, garbage service, electric
service, grass cutting services and debris removal, dangerous building ordinance costs and
assessments, special assessments for municipal improvements of any nature, and all other charges
or assessments made by the city against property owners may be recorded in the municipal lien
docket and shall be and constitute a lien upon all of the real estate of the taxable against or upon
whom such taxes and/or charges are laid or imposed, of which such taxable was seized at any time
after such taxes and/or charges have been levied and imposed, situate in the City of Dover. All liens
so recorded shall continue in full force and effect until the same plus accrued costs have been paid
in full. Upon payment in full of the lien and all costs, it shall be the duty of the city manager to enter
forthwith upon the docket the date of final payment and the words "satisfied in full." Failure to
record liens in the municipal lien docket shall not affect liens otherwise provided for in 25 Del.C.
section 2901, et seq.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 29. Streets, sidewalks, etc. to be under control of council; power of council to prescribe grades
thereon and regulate traffic.
The streets, sidewalks, lanes and alleys in the city shall be under the supervision, management and control
of the council, and the council may prescribe the grades thereof and adopt ordinances regulating the use
thereof and the traffic thereon.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 30. Power of council to provide for disposal of garbage and sewage.
The council shall have power to provide for the incineration or other sanitary disposal of litter, debris, refuse,
garbage and sewage.
(Amd. of 7-12-2005 (S.B. 126))
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Sec. 31. Power of council to regulate parking and provide parking lots.
The council shall have power to adopt ordinances regulating the parking of automobiles and motor vehicles
within the city, and may lease or purchase land to be used for parking purposes.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 32. Council to determine salaries of city appointees and employees.
The salaries or emoluments of all city appointees and city employees shall be determined by the council
through the pay system and Collective Bargaining Agreements as amended.
(Amd. of 7-12-2005 (S.B. 126))
ARTICLE III. CITY MANAGER
Sec. 33. The city manager generally.
The council shall appoint a city manager who shall be the chief administrative officer of the city. The city
manager must be a resident of Kent County within 180 days of the time of hire. No member of the council
shall, during the time for which elected, be chosen as city manager. The city manager shall be appointed for
an indefinite term but shall be removable at the pleasure of the council. Before the city manager may be
removed they shall, if they so demand, be given a written statement of the reasons alleged for their removal
and the right to be heard publicly thereon at a meeting of the council prior to the final vote on the question
of their removal, but pending and during such hearing the council may suspend the city manager from office.
The action of the council in suspending or removing the city manager shall be final, it being the intention
of this Charter to vest all authority and fix all responsibility for such suspension or removal in the council.
In case of the absence or disability of the city manager the council may designate some qualified person to
perform the duties of the office during such absence or disability.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 34. Responsibility of manager; powers of appointment and removal.
The city manager shall be responsible to the council for the proper administration of all affairs of the city
placed in their charge, and to that end, except as otherwise provided herein, the city manager shall have the
power to appoint and remove all employees in the administrative service of the affairs of the city under their
charge. All such appointments shall be without definite term.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 35. Appointments and removals.
Neither the city council nor any of its members shall in any manner control or demand the appointment or
removal of any city administrative officer or employee whom the city manager or any subordinate of the city
manager is empowered to appoint, but the council may express its views and fully and freely discuss with
the city manager anything pertaining to appointment and removal of such officers and employees. The city
administrative officers and employees can be assured of due process in accordance with Title 19 of the
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COUNCIL RESOLUTION NO. 2022-02 - REQUEST TO THE GA FOR CHARTER AMENDMENTS PAGE 18
Delaware Code. 77 Del. Laws, c. 130, § 17
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 17))
Sec. 36. Interference with administration.
Except for the purpose of inquiries, and investigations by council under Sec. 39, the council or its members
shall deal with city officers and employees who are subject to the direction and supervision of the city
manager solely through the city manager, and neither the council nor its members shall give orders to any
such officer or employee, either publicly or privately. 77 Del. Laws, c. 130, § 18
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 18))
Sec. 37. Duties of the manager.
It shall be the duty of the city manager to supervise the administration of the affairs of the city under their
charge; to make such recommendations to the council concerning the affairs of the city as may seem
desirable to the city manager; to keep the council advised of the financial conditions and future needs of the
city; to prepare and submit to the council the annual budget estimate; to prepare and submit to the council
such reports as may be required by that body; and to perform such other duties as may be prescribed by this
Charter or required of them by ordinance or resolution of the council.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 38. Right of manager to sit in council meetings.
The city manager and such other officers of the city as may be designated by vote of the council, shall be
entitled to seats in the council, but shall have no vote therein.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 39. Investigations.
The city council may make investigations into the affairs of the city and the conduct of any city department,
office, officer, employee, or agency and for this purpose may subpoena witnesses, administer oaths, take
testimony, and require the production of evidence. Failure or refusal to obey a lawful order issued in the
exercise of these powers by the council shall be a Class A misdemeanor punishable by existing State Law.
77 Del. Laws, c. 130, § 19
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 19))
Sec. 40. Other functions of city manager.
The city manager shall have charge of the light and water plant operated by the city, and of the light and
water and sewer systems of the city. The city manager shall have charge of the supervision of the streets,
gutters, curbs and sidewalks of the city and of all work relating thereto. The city manager shall have charge
of the administration of all provisions of this Charter and ordinances and regulations of the council relating
to affairs of the city, when not otherwise provided for by this Charter or by any ordinance or resolution of
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the council. The city manager shall ex officio be the collector of taxes for the city. It shall be the city
manager's duty to collect all water rents and fees for the tapping of water mains and sewers, all charges for
electric current and all city revenue from any source whatsoever. The city manager shall pay over to the
controller/treasurer at least monthly, and oftener if required by council, all moneys received or collected by
them and by any employee under the city manager.
The city manager shall keep a full and strict account of all moneys received and all transfers made by them
to the controller/treasurer and such accounts shall be at all times open to inspection by the council. The city
manager shall make such reports and at such times as the council shall direct. 77 Del. Laws, c. 130, § 20
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 20))
Sec. 41.
This section has been intentionally left blank.
ARTICLE IV. FINANCIAL AFFAIRS
Sec. 42. Payments, Receipts, Accounting, Reporting, and Bonding.
The controller/treasurer shall pay out no money except pursuant to appropriations, contracted awards for
services or products, or resolutions theretofore made by the council.
The controller/treasurer shall keep a true and detailed account of all moneys received and of all moneys paid
out by them. The controller/treasurer shall preserve all vouchers for moneys paid by them. The
controller/treasurer's books and accounts shall at all times be open to inspection by the council or the mayor
or the city manager.
The controller/treasurer shall make such reports and at such times as the council may direct.
The controller/treasurer shall be required to give bond in such amount and in such form and with such surety
as the council shall determine or approve. 77 Del. Laws, c. 130, § 20
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 20))
Sec. 43. Fiscal year.
The fiscal year of the city shall begin the first day of July and shall end with the next succeeding thirtieth
day of June.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 44. Annual budget.
On or before the second Tuesday of May of each year, the city manager shall prepare and submit to the
council a draft budget presenting a financial plan for conducting the affairs of the city for the ensuing fiscal
year. The total of proposed expenditures shall not exceed the total of anticipated income.
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The budget shall include the following information:
1. A detailed statement showing the expenses of conducting each department and office of the
city for the current year and last preceding fiscal year.
2. A detailed estimate of the expenses of conducting each department and office of the city for
the ensuing fiscal year with reasons for the increases and decreases recommended.
3. The amount of the debt of the city together with a schedule of maturities of bond issues.
4. A statement showing the amount required for interest on the city debt and for paying off any
bonds maturing during the year and the amount required for the sinking fund.
5. An itemized statement of all anticipated income of the city with a comparative statement of
the amounts received by the city from each of the same or similar sources for the last
preceding and current fiscal years.
6. An estimate of the amount of money to be received from taxes.
7. Such other information as the city manager may think desirable or as may be required by the
council.
The council shall on or before the fourth Monday in the month of June in each year adopt a budget for the
succeeding fiscal year. The council shall, so far as possible, adhere to the budget so adopted in the making
of appropriations.
Sec. 45. Payment of claims; issuance of warrants after approval of city manager; reports by manager
thereon to council.
No claim against the city shall be paid except on an order on the controller/treasurer, signed by the city
manager, and approved and countersigned by the mayor. The city manager shall examine all payrolls, bills
and other claims and demands against the city and shall issue no payment unless the city manager finds that
the claim is proper and in proper form and correctly computed. 77 Del. Laws, c. 130, § 20
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 20))
Sec. 46. Annual audit.
Annually in the month of July the council shall have the finances of the city and the books and accounts of
the city manager and the controller/treasurer audited by a certified accountant.
As soon as practicable after such audit has been completed, the council shall cause to be made and published
a report of the city's finances for the preceding fiscal year. 77 Del. Laws, c. 130, § 20
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 20))
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Sec. 47. General assessment; levy on utility property; lodging tax.
The city shall cause to be made a true, just, and impartial valuation and assessment of all real property within
the city, locating each parcel of real property by street and number or other description. The assessor or
assessors shall be appointed by a majority vote of the council to hold office until their successor has been
duly chosen and qualified, but subject to removal at any time by the council. Before entering upon the duties
of office, an assessor shall be sworn or affirmed by the mayor to perform the duties of the assessor's office
with fidelity and without favor or partiality.
Whenever council shall direct, as set forth in Chapter 102 - taxation, article I - in general, Section 102-1 -
valuation and assessment, of the Dover Code of Ordinances, all real property in the City of Dover shall be
reassessed by an outside mass appraisal company or a consortium of appraisers chosen by council. The mass
appraisal company or consortium of appraisers shall be licensed to conduct business in the State of Delaware
and the City of Dover and shall employ appraisers who are licensed by the Delaware Division of
Professional Regulation. This assessment shall be in lieu of the valuation and assessment made by the
assessor or assessors appointed by council as described herein above and in lieu of the assessor's duties
described herein above.
The assessor or assessors shall include supplemental assessments made annually for the purposes of (1)
adding property not included in the last assessment or (2) increasing or decreasing the assessment value of
property which was included in the last annual assessment.
The annual assessment date for all real property shall be January 1st of each year. The assessment of all
property shall be at its true value in money as of the assessment date. True value in money shall be the fair
market value.
The general assessment shall be set down by the assessor or assessors in two (2) or more copies, as the
council shall direct, and shall be delivered to the council as soon as made. The council shall, on the first day
of April of each year, cause a copy of the general assessment to be posted in two (2) public places in the city
for ten (10) days. The assessor shall notify the public of an appeal deadline of thirty (30) days from the date
of general assessment posting.
The council may direct that appeals from any assessment be heard by a committee, known as the board of
assessment appeals, of not less than three (3) members appointed by the council. The board of assessment
appeals shall sit at a stated place and time to hear the appeals of all taxpayers dissatisfied with the
assessment of their properties, shall collect such information as they consider proper and necessary, and shall
report their findings.
Notice of the place and time that the board of assessment appeals will sit to hear appeals shall be posted with
the general assessment in two (2) public places for a period of ten (10) days. Notice of the posting of the
copies of the general assessment and of the place and time of the meetings of the board of assessment
appeals shall be published in at least one issue of a newspaper published in the city.
The assessment as revised and adjusted by the board of assessment appeals or superior court shall be the
basis for the levy and collection of taxes for the city.
The council shall have the right to levy and collect taxes on gas mains, telephone, telegraph, communications
systems, or other erection of like character within the limits of the city, together with the wires thereon
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strung; and to this end the council may at any time direct the same to be included in or added to the general
assessment.
The council may impose and collect a lodging tax of no more than 3% of the rent, in addition to the amount
imposed by the State, for the occupancy of any room in a hotel, motel, or tourist home, as defined under
§ 6101 of Title 30 of the Delaware Code, which is located within the boundaries of the City of Dover.
Nothing contained in this section shall be deemed or held to invalidate or otherwise effect any assessment
made prior to the approval of this section or any tax levied thereunder. 77 Del. Laws, c. 130, § 21; 78 Del.
Laws, c. 217, § 1
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 21); Res. No. 2011-12 (S.B. 166),
11-28-2011; H.B. 255 , 7-17-2019)
Sec. 48. Maximum budget.
The council shall in the month of June of each year determine the amount of money to be raised for the city
for general purposes for the next fiscal year not exceeding two (2) percent of the total taxable assessment
for a general tax, and shall also determine the amount of money required to be raised in such year by the city
for interest, sinking fund and redemption of the bonds of the city. A reasonable sum for delinquencies,
discounts and costs of collection may be added by the council to the amounts aforesaid. The amounts
determined as aforesaid together with any additional sum or sums authorized to be levied and collected, as
in this section hereinafter provided, shall be levied and collected by the council on the property and persons
assessed as aforesaid and in accordance with such assessment and according to a rate established by the
council.
The amounts to be levied and collected by the council shall include all special ad valorem taxes, special
taxes, and ad valorem taxes levied in connection with or pursuant to Chapter 17 or Chapter 18 of Title 22
of the Delaware Code.
(Amd. of 7-12-2005 (S.B. 126); Amd. of 5-16-2017 ( H.B. 116 ), § 1)
Sec. 49. Payment and collection of taxes; errors and delinquents in assessments.
All taxes shall be paid to the collector of taxes. For all taxes not paid on or before July 31st in the calendar
year that they are assessed, there shall be added and collected one and one-half percent (1.5% (18% per
annum)) for every month or fraction of a month after the 31st day of July that said taxes remain unpaid.
It shall be the duty of the collector of taxes to proceed forthwith to collect all taxes unpaid by the first day
of October in the calendar year that they were assessed and in the collection of said taxes they shall have all
the powers conferred upon or vested in the Receiver of Taxes and County Treasurer for Kent County.
The council shall have the authority to allow errors and delinquents in the assessment.
The provisions of §8705, Title 9 of the Delaware Code shall be deemed and held to apply to all taxes laid
and imposed under the provisions of this Charter.
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The provisions of this Section 49 shall apply to all special ad valorem taxes, special taxes, and ad valorem
taxes levied by the council in connection with or pursuant to Chapter 17 or Chapter 18 of Title 22 of the
Delaware Code.
(Amd. of 5-16-2017; ( H.B. 116 ), § 2)
Sec. 49A. Assessment, payment, and collection of taxes for new construction.
In the event that the mayor and council of the City of Dover desire to collect and levy taxes on newly
constructed property not taxed by virtue of the city's annual assessment, the city may enact an ordinance to
do so provided that: At the beginning of each quarter of each year, there shall be an increase in the valuation
and assessment of all newly constructed real property within the city, locating each parcel of real property
by street and number or other description. Property shall be deemed to be newly constructed when the city
permits occupancy and use (Certificate of Occupancy) or when new construction is being used or occupied
for its intended purpose. The said valuation and assessment shall be made by an assessor or assessors who
shall be appointed by council in accordance with the provisions set forth in Section 47 of this Charter.
The aforementioned assessment shall be during the months of January, April, July, and October of each year.
Any new construction with an added value of $25,000 or less shall not be realized until the next annual
assessment roll. The property owner may appeal any assessment for new construction in accordance with
Section 47 of this Charter.
The aforementioned assessment shall be deemed a general assessment for all property with new construction.
The council may direct appeals from any general assessment for new construction in accordance with
Section 47 of this Charter.
Nothing in this section contained shall be deemed or held to invalidate or otherwise affect any assessment
made prior to the approval of this section or any tax levied thereunder.
All taxes shall be paid to the collector of taxes. Said taxes shall be paid within thirty (30) days of billing and
those taxes not paid shall accrue a penalty in the amount of one and one-half (1½) percent per month. For
every tax that is not paid as prescribed herein, the tax collector shall have all the powers conferred upon or
vested in the Receiver of Taxes and County Treasurer for Kent County.
The council shall have the authority to allow errors and delinquents in the assessment.
The provisions of 9 Del. C. § 8705 and 25 Del. C. §§ 2901 through 2905, as they may from time to time be
amended, shall be deemed and held to apply to all taxes laid and imposed upon the provisions of this
Charter. 77 Del. Laws, c. 130, §22
(Amd. of 7-12-2005 (S.B. 126))
Sec. 49B. Realty transfer tax.
Notwithstanding any statute to the contrary, the City of Dover shall have the power by ordinance to impose
and collect a tax, to be paid by the transferor or transferee as determined by council, upon the transfer of real
property within the city not to exceed one and a half percent (1.5%) or as amended by State law of the value
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of the real property as represented by the document transferring the property. The provisions of Section 5401
and Section 5403 of Chapter 54, Title 30 of the Delaware Code shall apply with respect to any realty transfer
tax imposed by the City of Dover pursuant to the authority granted herein. The council of the City of Dover
may adopt an ordinance or ordinances to provide for the effective administration and regulation of any tax
adopted pursuant to the authority conferred herein. If the taxing power and authority granted herein shall be
exercised by way of a stamp affixed to a document, the recorder of deeds in and for Kent County shall not
receive for record documents subject to said tax unless stamps provided by the City of Dover are affixed
thereto showing payment of the tax. 77 Del. Laws, c. 130, § 4
(Amd. of 7-12-2005 (S.B. 126); Amd. of 7-8-2009 (S.B. 165, § 4))
(Moved from Sec. 3. Employee pension benefit)
Sec. 50. Debt limit.
(a) Whenever the needs of the city shall require more money than is at the time in the city
treasury from current receipts, the council shall be authorized and empowered to anticipate
current revenue by borrowing such sums as shall be needed not in excess of one (1) percent
of the total taxable assessment for a general tax. The amount so borrowed shall be paid back
out of current revenue received thereafter.
To exercise the power aforesaid the council shall adopt a resolution to that effect, which
resolution shall require the affirmative vote of at least three-fourths of all the members of the
council, and the approval of the mayor. The indebtedness created under this section shall be
evidenced by the bond, or note, of the city, and the faith and credit of the city shall be
deemed to be pledged thereby.
(b) The mayor and council is hereby authorized and empowered to borrow from time to time on
the faith and credit of the City of Dover sums of money for such purposes as may be deemed
necessary and proper by the mayor and council of the said city which purpose shall be
consistent with the powers conferred upon the mayor and council of the City of Dover by the
Charter thereof, as amended, for the management and maintenance of the said city and for
these purposes the mayor and council shall have full power and authority to issue bonds of
the said "the City of Dover."
The aggregate of the amounts so borrowed together with all other bonded indebtedness for which the full
faith and credit of the City of Dover has been pledged shall not at any time exceed a sum equal to 5 percent
of the total assessed value of real property situate within the bounds of the City of Dover as such boundaries
shall from time to time appear.
The said bonds shall be issued in one or more series, shall bear such date or dates, shall mature at such time
or times, shall bear interest at such rate or rates, shall be payable at such time or times, and at such place or
places, shall be in such denominations, and shall contain such other provisions as the mayor and council may
provide and shall be set forth in the said bonds. Said bonds may or may not be coupon bonds and may be
registered or otherwise as the mayor and council deem advisable.
The mayor and council shall direct and effect the preparation and sale of said bonds at such time or times,
at such price or prices, and upon such terms as the said mayor and council deem advisable, and all the
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monies arising from the sale of said bonds shall be used for the municipal purposes of the City of Dover
specified in the resolution authorizing their issue.
The form of said bonds and of any coupons which may be thereunto attached shall be as prescribed by the
mayor and council, and all such bonds shall be signed by the mayor and the treasurer of the City of Dover
and sealed with the corporate seal thereof. Facsimile signatures of the mayor and treasurer and a facsimile
of the corporate seal may be imprinted upon such bonds and any coupons attached to said bonds in lieu of
the signatures of the said mayor and treasurer in their own handwriting and of the affixing of the corporate
seal itself.
Said bonds of the City of Dover shall be exempt from all state, county and municipal taxes.
The mayor and council of the City of Dover are hereby authorized and required to levy and raise by taxation
in each and every year such sums of money as may be required to pay the interest accrued on said bonds
while all or any of said bonds remain unpaid, and the said mayor and the city council are further authorized
and required to levy and raise by taxation, from time to time such sum or sums of money as shall be needed
to establish such sinking funds as the said mayor and the city council may at their discretion authorize for
the redemption of said bonds, or any of them, at or before their maturity and such sum or sums of money
as shall be required to otherwise redeem any or all of said bonds at or before their maturity. Taxes for
interest and for redemption of said bonds shall be levied and raised as taxes for general municipal purposes
in the said city are levied and raised and shall be in addition to those levied and raised for any and all other
municipal purposes. A statement appearing in the bonds issued under the provisions of this section to the
effect that the bonds have been duly authorized shall be deemed and held to be conclusive evidence in favor
of the lawful holder of any such bonds that the terms and conditions of this section have been fully met and
complied with.
(c) Bonds may be authorized and issued pursuant to subsection (b), without a referendum vote,
by a resolution of the council which shall have the affirmative vote of three-fourths of the
members thereof and the approval of the mayor, for the following purposes:
(i) To finance capital projects, including, but not limited to, public storm sewers, water
mains, sewer mains, streets and public buildings provided that no more than one
percent (1%) of taxable assessed value of real property of aggregate principal amount
of general obligation bonds may be issued at any one time pursuant to this clause and
any new bonds issued pursuant to this clause may not cause the total aggregate
principal amount of general obligation bonds outstanding at any one time to exceed
one percent of the total taxable assessment for a general tax at the time such new
bonds are issued; and
(ii) to refund bonds secured by the city's full faith and credit, prior to their stated
maturity, provided that (A) the present value of the aggregate principal and interest
payments of the refunding bonds are not greater than the present value of the
aggregate principal and interest payments on the bonds to be refunded determined by
discounting at the effective interest rate on the refunding bonds, calculated based on
the internal rate of return: and (B) at the time of issuance of the refunding bonds there
are deposited in escrow, pledged to secure the refunded bonds, sufficient monies
and/or direct obligations of, or obligations the principal of and interest on which are
guaranteed by, the United States government, which, without regard to any
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reinvestment earnings, will be sufficient to pay when due all interest, principal and
redemption price on the refunded bonds at maturity or upon earlier call for
redemption.
(iii) to issue tax exempt or taxable municipal conduit bonds to make proceeds available
to a private entity in furtherance of projects that benefit the general public. Such
bonds may be issued for but limited to industrial and housing projects, economic
development and redevelopment projects, public facilities, schools, hospitals and
other large scale projects. The conduit borrower shall, unless otherwise determined
by the city in the bond document, be responsible for interest and principal payments
on the bonds and for the obligation in event of default. Such bonds shall not be
backed by the full faith and credit of the city, by taxation, or by municipal assets.
(d) Except for bonds issued pursuant to subsection (c) hereof, all bonds issued under the
provisions of subsection (b) shall first be approved by a referendum vote of the qualified
voters (as herein defined) of the City of Dover. Notice of the holding of such referendum
election shall be authorized by resolution of the mayor and council, published once a week,
for at least three (3) consecutive weeks in at least one newspaper circulated in the City of
Dover, Delaware. Such notice shall be set out in summary form the amount and purposes of
such bond issue, the date and place of holding the referendum election and the hours the polls
will be open.
At said referendum election "qualified voter" shall mean every natural person who is a resident or a
nonresident taxable of the city, of the age of eighteen (18) years or upwards. Each qualified voter shall be
eligible to vote and shall have one vote.
The city assessor or their designee shall attend the election with the last city assessment and tax payment
records for the inspection of the election officers. The referendum election shall be held at such date as the
mayor and council shall designate. The referendum election shall be held at such suitable place in said city
as the mayor and council shall designate in said published notice. The polls shall be open from 7:00 a.m.
(local time), and shall close at 8:00 p.m. (local time). The judge of the election shall, in the case of a tie vote
on the bond issue cast the deciding vote, otherwise judge of the election shall refrain from voting, but the
election clerks may vote.
The total votes cast for and the total votes cast against the bond issue shall be certified as correct by at least
two (2) of the election officers and delivered to the mayor, or to the city clerk immediately after the total vote
count has been certified.
The mayor and council shall at the next regular meeting after the election, or at a special meeting, receive
the results of the referendum election and make the same a part of the minutes of said meeting, whereupon
if a majority of the votes cast were for the bond issue bonds herein provided for may be issued and sold as
provided in subsection (b), but if at such referendum election the majority of the votes cast were against the
bond issue, then no bonds shall be issued nor shall any money be borrowed pursuant to the resolution
submitted to the referendum.
(e) In addition to the power otherwise granted in this section, the mayor and council may issue
special assessment revenue bonds to finance those public projects for which the city may levy
and collect special assessments pursuant to Section 28 of this Charter. Such bonds shall not
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obligate the faith and credit of the city, but shall be payable solely from the proceeds of the
special assessments which are pledged to the payment thereof. Such bonds shall be
authorized without a referendum vote by a resolution of the council which shall have the
affirmative vote of three-fourths of the members thereof and the approval of the mayor.
(f) After authorization of the sale of bonds as provided in this section and in anticipation of the
sale and issuance of said bonds, the mayor and council may borrow money and issue notes
of the city for the purpose and to the extent of the amount of bonds authorized to be sold, less
the amount of any bonds theretofore issued under such authority. The said borrowing shall
be authorized by a resolution of the council which shall have the affirmative vote of
three-fourths of the members thereof and the approval of the mayor, and the note or notes
thereby authorized shall be signed by the mayor and treasurer of the city. When issued and
signed in accordance with this subsection (f), the faith and credit of the city shall be deemed
to be pledged for the repayment of all said notes, except those issued pursuant to subsection
(e) hereof.
The note or notes issued in anticipation of a bond issue may be renewed from time to time, but the proceeds
of the sale of such bonds shall, to the extent necessary, be first used to pay and retire such notes. Said notes
may be redeemed at par and accrued interest at any time prior to their maturity if the right so to do shall have
been reserved.
(g) For the purposes of the debt limitations prescribed in this section, (i) any bonds which have
been refunded pursuant to subsection (c)(ii) shall be treated as no longer outstanding; and (ii)
bonded indebtedness, principal amount of bonds and bonds outstanding shall be determined
without regard to original issue discount. 77 Del. Laws, c. 130, § 23; 78 Del. Laws,
c. 225, § 1
(h) Any and all provisions of this Section 50 and any other section of this Charter limiting the
amounts of indebtedness to be incurred or taxes to be levied or collected by the council shall
not apply to any indebtedness incurred or any special ad valorem taxes, special taxes, or ad
valorem taxes levied or collected pursuant to or in connection with Chapter 17 or Chapter
18 of Title 22 of the Delaware Code.
(Amend. of 7-12-2005 (S.B. 126); Amend. of 7-12-2007 (S.B. 146), §§ 1, 2, Amd. of 7-8-2009 (S.B. 165,
§ 23); Res. No. 2012-02 (S.B. 173), 1-23-2012; Amd. of 5-16-2017 ( H.B. 116 ), § 3)
Editor's note(s)-It should be noted that Charter Resolution No. 2012-02 (Senate Bill No. 173) was approved
by the Delaware General Assembly and was signed by said Assembly on April 19, 2012.
ARTICLE V. MISCELLANEOUS PROVISIONS
Sec. 51. Trees.
Trees being among the chief beauties of the city, and their preservation requiring that they be treated with
special care and intelligence, the city manager is empowered to appropriate annually an amount of money
adequate for their care and preservation. The city manager may be given authority to take necessary or
appropriate action to prevent injuries to trees from electric wires or from any other source or cause
whatsoever, and to combat the pests and diseases to which they are subject, and when necessary to employ
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tree experts provided that they do not exceed the appropriation made by the council.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 52.
This section intentionally left blank.
Sec. 53. Police; mayor to be conservator of peace.
There shall be a city police force, the number thereof and their salaries shall be determined by the council,
but they shall be chosen and appointed by the mayor. The mayor is hereby vested with all the powers of a
conservator of the peace within the city limits. The mayor shall appoint a chief of police, subject to
confirmation by city council and removal at any time by the mayor, with the affirmative vote of two-thirds
of the members elected to city council, and in accordance with applicable laws. The members of the police
force shall be subject to his/her direction and orders delivered through the proper chain of command and in
accordance with applicable laws and ordinances. They shall preserve peace and order, and compel obedience
within the city limits to the ordinances of the city and the laws of the state. They shall have such other duties
as the council and the mayor shall prescribe by ordinance.
Each member of the police force shall be vested with all the power and authority within the city limits and
within one mile outside of said limits, (and, in the case of the pursuit of an offender, without limit) of a
constable of Kent County.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 54. City solicitor.
At the annual meeting the council shall elect a city solicitor for the term of one year or until their successor
has been duly chosen and qualified.
The city solicitor may be removed during their term by a vote of three-fourths of the members elected to the
council.
The city solicitor shall be an attorney at law who shall have practiced in the State of Delaware for at least
five (5) years. The city solicitor shall be the chief legal adviser of and attorney for the city. It shall be the city
solicitor's duty, either personally or by such assistants as they may designate, to attend meetings of the
council; to give advice in writing, when so requested, to the council or the city manager; to prosecute or
defend, as the case may be, all suits or cases to which the city may be a party; to prosecute for all offenses
against the ordinances of the city and for such offenses against the laws of the state as may be required of
them by law; to prepare all contracts, bonds and other instruments in writing in which the city is concerned,
and to endorse on each their approval of the form and correctness thereof; and to perform such other duties
of a legal nature as the council may by ordinance require. In addition to the duties imposed upon the solicitor
by this Charter or required of the solicitor by ordinance or resolution of the council they shall perform any
duties imposed upon the chief legal officers of municipalities by law.
At the annual meeting the council shall elect a deputy city solicitor for the term of one year or until their
successor has been duly chosen and qualified. The deputy city solicitor shall be an attorney-at-law entitled
to practice law in the State of Delaware, and shall serve in such manner as shall be determined by the city
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solicitor to be necessary and proper.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 55. Printed copies of ordinances and resolutions to be proper evidence.
Printed copies of the ordinances and resolutions of the City Council of Dover, published by authority of the
council, shall be admitted as evidence thereof in all courts, and in pleading it shall not be necessary to recite
or draw them out at-large.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 56. Repeal of prior acts.
All acts or parts of acts inconsistent with or in conflict with the provisions of this Charter are hereby
repealed.
(Amd. of 7-12-2005 (S.B. 126))
Sec. 57. Severability.
If any part of this Charter, as it may from time to time be amended, are held to be unconstitutional, such
holding shall not be deemed to invalidate the remaining portions of this Charter or amendments thereto.
(Amd. of 7-12-2005 (S.B. 126))
Approved March 23,1931.
State law reference(s)-36 Del. Laws, c. 158; 37 Del. Laws, c. 150; 37 Del. Laws, c. 151; 37 Del. Laws, c.
152; 38 Del. Laws, c. 99; 40 Del. Laws, c. 159; 46 Del. Laws, c. 1; 46 Del. Laws, c. 275; 46 Del. Laws, c.
283; 47 Del. Laws, c. 219; 47 Del. Laws, c. 313; 47 Del. Laws, c. 314; 47 Del. Laws, c. 330; 48 Del. Laws,
c. 323; 48 Del. Laws, c. 334; 48 Del. Laws, c. 336; 49 Del. Laws, c. 314; 49 Del. Laws, c. 318; 51 Del.
Laws, c. 92; 51 Del. Laws, c. 93; 52 Del. Laws, c. 112; 52 Del. Laws, c. 136; 54 Del. Laws, c. 96; 54 Del.
Laws, c. 165; 56 Del. Laws, c. 49; 59 Del. Laws, c. 98; 59 Del. Laws, c. 165; 60 Del. Laws, c. 301; 60 Del.
Laws, c. 311; 60 Del. Laws, c. 456; 61 Del. Laws, c. 147; 62 Del. Laws, c. 100; 64 Del. Laws, c. 5; 64 Del.
Laws, c. 143; 65 Del. Laws, c. 28; 65 Del. Laws, c. 479; 66 Del. Laws, c. 63; 66 Del. Laws, c. 180; 66 Del.
Laws, c. 361; 66 Del. Laws, c. 365; 67 Del. Laws, c. 7; 68 Del. Laws, c. 16; 68 Del. Laws, c. 18; 68 Del.
Laws, c. 20; 68 Del. Laws, c. 339; 69 Del. Laws, c. 09; 69 Del. Laws, c. 31; 71 Del. Laws, c. 64; 72 Del.
Laws, c. 277; 73 Del. Laws, c. 114; 73 Del. Laws, c. 284; 75 Del. Laws, c. 175; 76 Del. Laws, c. 119; 77
Del. Laws, c. 130; 78 Del. Laws, c. 213; 78 Del. Laws, c. 217; 78 Del. Laws, c. 225, § 1; 79 Del. Laws, c.
105, § 1; 79 Del. Laws, c. 106, § 1
ADOPTED: MARCH 28, 2022
S:\RESOLUTIONS-PROCLAMATIONS-TRIBUTES\2022\ADOPTED\RESOLUTION NO 2022-02 Request to the General Assembly - Charter Amendments - ADOPTED 03-28-2022.wpd
ROBIN R. CHRISTIANSEN ROY SUDLER, JR.
MAYOR COUNCIL PRESIDENT
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Actions History:
March 28, 2021 - Considered by City Council