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CITY OF DOVER, DELAWARE
REGULAR CITY COUNCIL MEETING
Monday, December 12, 2022, at 6:30 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
THIS AGENDA AND PACKET HAVE BEEN REVISED TO INCLUDE SUPPORTING
DOCUMENTS FOR ITEM #6 - COUNCIL COMMITTEE OF THE WHOLE REPORT OF
NOVEMBER 29, 2022
VIRTUAL MEETING NOTICE
This meeting will be held in the City Hall Council Chambers with electronic access via WebEx.
Public participation information is as follows:
Dial: 1-650-479-3208
Link: https://rb.gy/hhbfi4
Event number: 2530 523 9987
Event password: DOVER (if needed)
If you are new to WebEx, get the app now at www.webex.com/ to be ready when the meeting starts.
The meeting can also be viewed on Comcast Channel 14, Verizon Channel 20, and on the City's
Streaming Player located at www.cityofdover.com under "Quick Links".
OPEN FORUM - 15 Minutes Prior to Official Meeting (6:15 p.m.)
The “Open Forum” segment is provided to extend the opportunity to the general public to share their
questions, thoughts, comments, concerns, and complaints. Discussion of any item appearing on the
agenda as a public hearing is prohibited during the Open Forum as an opportunity will be provided during
consideration of that item. Citizen comments are limited to three (3) minutes. Council is prohibited from
taking action since they are not in official session; however, they may schedule such items as regular
agenda items and act upon them in the future.
INVOCATION - Elder Ellis B. Louden
PLEDGE OF ALLEGIANCE - Council President Sudler
ADOPTION OF AGENDA
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REGULAR CITY COUNCIL MEETING - December 12, 2022 PAGE 2
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.
PRESENTATIONS
1. General Federation of Women's Club Delaware - 125-Year Anniversary Trish Rodriguez
2. Proposed Resolution No.2022-11: Presentation - City of Dover Bronze Medal - Daniel
Harmon
PUBLIC HEARING
FINAL READING
3. Annexation/Rezoning of Property Lands of Ditko Properties, LLC at 1107 S. Bradford
Street
A. Public Hearing - Zoning Classification
Property located at 1107 S. Bradford Street, consisting of 11,248.2 s.f. (0.2582 +/-
acres), owned by Ditko Properties, LLC. This property is currently zoned RM (Multifamily
Residential District)(Kent County Zoning Classification) and the proposed zoning is C-2A
(Limited Central Commercial Zone)(City of Dover Zoning Classification) (Tax Parcel: ED-00-
077.17.01-12.00-000; Planning Reference: AX-22-02
B. Adoption of Annexation Resolution No. 2022-10
C. Final Reading/Adoption of Rezoning Ordinance #2022-19
The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of
October 10, 2022. The ordinance is available at the entrance of the Council Chambers and on
the City's website at www.cityofdover.com under "Government."
(1) An Ordinance Amending the Zoning Ordinance and Zoning Map of the City of Dover
by Changing the Zoning Designation of Property Located at 1107 S. Bradford Street.
CONSENT AGENDA
ADOPTION OF MINUTES
4. Regular City Council Meeting of November 28, 2022
COMMITTEE REPORTS
5. Council Committee of the Whole Report of November 29, 2022
Safety Advisory and Transportation Committee
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REGULAR CITY COUNCIL MEETING - December 12, 2022 PAGE 3
6. Proposed Ordinance #2022-26 - Amending Chapter 70 by adding a Section 70-12,
Loitering
(Staff recommendation: approve the Ordinance for First Reading at the December 12,
2022, Regular City Council Meeting)
Utility Committee
7. Annexation Request - Consideration of Utility Services for Lands of Craig, Keller, and
Burkett: Three parcels on West Denneys Road (AX-22-03):
Parcel A: The parcel consists of 27.5834 +/- acres located on the north side of West Denneys
Road and west of Carlisle Drive. The owners are George L. Craig Jr. and Deborah J. Craig.
Property Address: 57 Rocky Road. Tax Parcel: ED-00-056.00-01-40.00-000. The property
is currently zoned AR (Agricultural Residential District) in Kent County. The proposed
Zoning is RM-2 (Medium Density Residence Zone) and partially subject to the SWPOZ
(Source Water Protection Overlay Zone).
Parcel B: The parcel consists of 10.5661 +/- acres located on the north side of West Denneys
Road and west of Carlisle Drive. The owners are Robert G. Keller and Gloria K. Keller.
Property Address: 4085 W. Denneys Road. Tax Parcel: ED-00-056.00-01-41.00-000. The
property is currently zoned RM (Multifamily Residential District) in Kent County. The
proposed Zoning is RM-2 (Medium Density Residence Zone) and partially subject to the
SWPOZ (Source Water Protection Overlay Zone).
Parcel C: The parcel consists of 1.9662 +/- acres located on the north side of West Denneys
Road and west of Carlisle Drive. The owner is Bruce A. Burkett. Property Address:
unaddressed parcel on W Denneys Road. Tax Parcel: ED-00-056.00-01-42.00-000. The
property is currently zoned AR (Agricultural Residential District). The proposed Zoning is
RM-2 (Medium Density Residence Zone). (Planning Reference: Annexation Application
AX-22-03 A, B, and C; First Council District).
Legislative, Finance, and Administration Committee
8. Update from the Dover Organization of Employees (DOE) on Membership Priorities
(Matthew Brown, President of DOE Union)
(Committee Action Not Required)
9. Approval of Grant Funded Sole Source Vendor – Flock Safety – Vehicle Identification
System Cameras (Chief Thomas Johnson, Dover Police Department)
(Staff recommendation: approve the sole vendor request - Flock Safety)
10. Discussion Timing and Content of Financial Reports (Councilman David Anderson)
11. Report on Wage Study (Sharon Duca, Assistant City Manager)
(Staff recommendation: Move forward with planning for implementation including
finding funding.)
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REGULAR CITY COUNCIL MEETING - December 12, 2022 PAGE 4
12. 911 Supervisor Position (Naomi Poole, Human Resources Director)
(Committee action needs to be taken on the new position, job description, and salary
range)
13. Fraternal Order of Police (FOP) Memorandum of Understanding (MOU) (Naomi
Poole, Human Resources Director)
(Committee action needs to be taken on items #1 and #2 of the FOP MOU, and the wage
scale implementation originally approved on July 12, 2022, for $239,68.63 now
estimated to cost (awaiting additional financial information))
MONTHLY REPORTS - October 2022
14. City Assessor's Report
15. City Council’s Community Enhancement Fund Report
16. City Manager’s Report
17. City Planner's Report
18. Controller/Treasurer's Budget Report
19. Fire Chief's Report
20. Police Chief's Report
ITEMS NOT ON THE CONSENT AGENDA
21. Mayor Robin R. Christiansen Veto - Request for Waiver - Appendix A - Subdivisions,
Article VI - Subdivision - General Requirements and Design Standards, Section A -
Streets (Right-of-Way known as Raymond Street and Railroad Avenue) - Waiver of
Requirements to Increase in Maximum Length of a Dead-End Street (Cul-de-Sac), and
the Elimination of Sidewalk on One Side of a Public Street associated with a Site
Development Plan for the improvements to the rights-of-way of Raymond Street and
Railroad Avenue to allow for further development of the properties that these streets will
give access
FINAL READING - The First Reading of Proposed Ordinance #2022-22, Proposed Ordinance
#2022-23, and Proposed Ordinance #2022-24 were accomplished during the Council meeting of
NOVEMBER 28, 2022. The ordinances are available at the entrance of the Council Chambers and on
the City's website at www.cityofdover.com under "Government."
22. Proposed Ordinance #2022-22 Amending Chapter 2. - Administration, Article V -
Finance (Tax Increment Financing)
23. Proposed Ordinance #2022-23 Amending Chapter 2. Administration - Article IV. Officers
and Employees - Division 4. Controller/Treasurer
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REGULAR CITY COUNCIL MEETING - December 12, 2022 PAGE 5
24. Proposed Ordinance #2022-24 - Amending Chapter 2. Administration - Article IV.
Officers and Employees - Division 5. City Clerk
CITY MANAGER’S ANNOUNCEMENTS
MAYOR’S ANNOUNCEMENTS
COUNCIL MEMBERS’ ANNOUNCEMENTS
ADJOURNMENT
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO
29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION
OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE
TIME OF THE MEETING
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Item #1.
CERTIFICATE OF CONGRATULATIONS
presented to
General Federation of Women's Club
Delaware
In celebration of its 125th Anniversary
The City of Dover sends its gratitude and appreciation for the hard work and dedication that the
General Federation of Women 's Club Delaware has provided to the community.
General Federation of Women's Clubs Delaware is a lOOO-member strong volunteer
community service organization with 22 clubs in Delaware communities and a member state
organization of the General Federation of Women's Club. Their mission is to enhance the
lives of others through volunteer service.
The City of Dover congratulates the General Federation of Women's Clubs
Delaware on its 12Sth Anniversary
December 12, 2022
ROBIN R. CHRISTIANSEN ROY SUDLER, JR.
MAYOR COUNCIL PRESIDENT
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Item #2.
COUNCIL RESOLUTION NO. 2022-11
WHEREAS, on August 9, 2022, Mr. Daniel Harmon was travelingsouth on StateStreetwhen he
observed a vehiclegoing at a slow rate of speed At that time, the operator of the vehicle ran off the road,
hittinga tree and coming to a stop; and
WHEREAS, Mr. Harmon proceeded to contact System Operations via the radio,
requesting an ambulance and the police. Mr. Harmon got out of his truck and ran over to the
subject's vehicle. Councilman Taylor also observed what had occurred and came down the
street to assist; and
WHEREAS, Mr. Harmon tried to get into the subject's vehicle, but the doors were locked
Mr. Harmon ran back to his work truck and retrieved a hammer to break thepassenger side window.
After entering the vehicle, Councilman Taylor spoke to 911, informing them of what was happening
while Mr. Harmon put the car in park and shut it off They stayed with the vehicle's operator until
police and medical assistance arrived on the scene.
WHEREAS, the Mayor and Co un c i I recognize that the swift actions of Mr.
Daniel Harmon, while incurring injury to himself, deserves special recognition.
NOW, THEREFORE, BE IT RESOL VED that the Mayor and Council award
Mr. Daniel Harmon the City of Dover Bronze Medal in recognition of his selfless actions and direct
the City Clerk to make this resolution a part of the permanent records of the City of Dover.
ADOPTED: DECEMBER 12, 2022
ROBINR.CHRISTIANSEN ROY SUDLER, JR.
MAYOR COUNCIL PRESIDENT
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Item #3.
PETITION TO ANNEX AND REZONE PROPERTY
Public Hearing Before the City Council on December 12, 2022
Recommendation from the Planning Commission Meeting of November 21, 2022
With Staff and Development Advisory Committee Review
File Number: AX-22-02
Ordinance Number: 2022-19
Applicants: Ditko Properties, LLC
Owner of Record: Ditko Properties, LLC
Property Address: 1107 S. Bradford Street, Dover DE
Tax Parcel ID #: ED-00-077.17-01-12.00-000
Lot Size: 0.2582 acres (11,248.2 SF)
Present Zoning: RM (Mulitfamily Residential District)
Proposed Zoning: C-2A (Limited Central Commercial Zone)
2019 Comprehensive Category 1: High Priority Annexation Areas
Plan Designation:
2019 Comprehensive Commercial - Low Intensity
Plan Land Use Category:
Present Use: Residential
Proposed Use: Commercial (Redevelopment for Office)
Utility Availability – Electric: 1107 S. Bradford Street is currently served by City of
Electric: Dover Electric. With any future redevelopment of the property,
the electric service needs will be evaluated. The property owner
will be responsible for any and all costs associated with the
changes of electrical service needs related to the future
redevelopment including extending and providing service
upgrades to the proposed property.
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Item #3.
AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street
Planning Commission Recommendation Report of November 21, 2022
Page 2 of 9
Utility Availability - Water and Sanitary Sewer: 1107 S. Bradford Street is currently
Water & Wastewater: served by City of Dover Water. 1107 S. Bradford Street is not
served by Sanitary Sewer. The nearest sanitary sewer is located
to the southeast on an adjacent parcel. The property owner is
responsible for obtaining access to this utility and is financially
responsible for any and all costs with connection. The property
owner is responsible for any and all costs associated with
changes to service needs for property related its future
redevelopment including extending and providing service
upgrades to the proposed property. This may include tapping
the sanitary sewer and water mains, connection to the building
for both utilities, purchasing appropriately sized water meter
and pit, paying impact fees, and obtaining permits.
Staff Recommendation The Electric Department has no objection to the annexation.
for Utility Services for
AX-22-02: The Department of Water and Wastewater has no objection to
the annexation.
Planning Commission The Applicant has expressed interest in annexing the property at
Recommendation: 1107 S. Bradford Street into the City as they wish to connect to
City Sewer for future redevelopment. The Application was
represented by Dr. Nicholas Alcorn on behalf of Ditko
Properties, LLC. A Public Hearing was held by the Planning
Commission on November 21, 2022 where no members of the
public spoke, and no written comments were received.
The Planning Commission’s motion was to recommend
approval for Annexation & Rezoning application AX-22-02
Lands of Ditko Properties, LLC at 1107 S. Bradford Street
with the proposed C-2A zoning (Limited Central
Commercial Zone) and resulted in vote of 8-0 in favor and
no votes in opposition (one member absent).
AX-22-02 Annexation of Lands of Ditko Properties, LLC at 1107 S. Bradford Street
This Annexation and Rezoning Application was referred to the Planning Commission as per
Zoning Ordinance, Article 10 §5. The Planning Commission is required to provide a Review
Report to City Council.
I. APPLICATION SUMMARY
This application is for the Annexation and Rezoning of a parcel of land totaling11,248.2 SF
(0.2581 +/- acres) located at 1107 S. Bradford Street, Dover. The property is currently zoned RM
(Multifamily Residential District) in Kent County. The proposed zoning is C-2A (Limited
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Item #3.
AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street
Planning Commission Recommendation Report of November 21, 2022
Page 3 of 9
Central Commercial Zone). The Property is located on the east side of S. Bradford Street
approximately 135.37 feet south of Wyoming Avenue. The annexation category according to
Dover’s 2019 Comprehensive Plan is Category 1: High Priority Annexation Areas and the land
use designation is Commercial - Low Intensity. The owner is Ditko Properties, LLC. Property
Address: 1107 S. Bradford Street. Tax Parcel: ED-00-077.17-01-12.00. Proposed Council
District 2. Ordinance #2022-19.
Existing Property
The property is located on the east side of South Bradford Street in the final segment of the street
to the south of Wyoming Avenue. The subject property is one of several parcels in the general
area that are an enclave area not located in the City. The boundary of the City of Dover borders
the parcel on its north; and areas to the west across South Bradford Street are within the City.
The property includes an existing single-family detached dwelling and two accessory structures
(shed/garage and shed). The property is currently zoned RM (Multifamily Residential Zone) in
Kent County. The property is currently served by City Water and Electric. The owner is
considering redevelopment of the property for commercial (office) uses and would like to
connect to the City Sewer.
Surrounding Land Uses
To the north, the property is adjacent to a parking lot for a nearby office building where both
parcels front on Wyoming Avenue and which are zoned C-2A (Limited Central Commercial
Zone). To the east is a motor vehicle service facility; this property is under the jurisdiction of
Kent County. To the south is a property with a single family dwelling, also under Kent County’s
jurisdiction and two other dwellings located within the City and zoned R-8 (One Family
Residence Zone). To the west across South Bradford Street is the offices of the Delaware Solid
Waste Authority zoned RGO (General Residence and Office Zone) and a series of vacant lots
fronting Wyoming Avenue zoned CPO (Commercial Professional Office Zone).
II. COMPRENSIVE PLAN COMPLIANCE REVIEW
In the 2019 Comprehensive Plan, the Potential Annexation Areas (Map 13 -1) identifies the
property in the Category 1: High Priority Annexation Areas. The Growth and Annexation Plan
Chapter (Chapter 13) notes that “Lands in this category are primarily enclaves of unincorporated
territory mostly surrounded by the City of Dover. In all or most of these cases, the City provides
these parcels with one or more essential service (sewer, water, police, fire, trash).” For Category
1: High Priority Annexation Areas, it notes in the Recommendations that “the City will not
extend sewer and/or water infrastructure to Category 1 areas unless the property owners annex
into the City” with consideration given for issues of health, safety and welfare.
The 2019 Comprehensive Plan also sets the review criteria for the review of zoning for parcels
being proposed for annexation. Chapter 13, page 13-9 notes that the Zoning Review may include:
• Proposed zoning be in compliance with the land use category shown on Map 13-2 and used
in conjunction with Table 12-1: Land Use and Zoning Matrix;
• Character and compatibility of the surrounding land uses and properties;
• The street type and capacity serving the property;
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Item #3.
AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street
Planning Commission Recommendation Report of November 21, 2022
Page 4 of 9
• Environmental concerns and conditions that may influence land use and zoning;
• Market concerns and conditions;
• The compatibility with the overall goals of the Comprehensive Plan.
Map 13-2: Potential Land Use for Annexation Areas identifies the Land Use Classification for
this property to be Commercial - Low Intensity. The goals and recommendations for the
Commercial - Low Intensity Areas Land Use are listed in the 2019 Comprehensive Plan excerpts
presented below:
Goal: Commercial Land Uses – in General
Maintain and improve the City’s position as a regional commercial center while providing
its citizens convenient access to needed goods and services through well-designed and
spaced regional, community, and neighborhood commercial centers/opportunities.
Policies: Commercial Land Uses – in General
1. Create flexible and contemporary commercial zoning provisions that reflect emerging
trends in uses, facilities, shopping preferences, and consumer demographics to meet
future needs.
2. Encourage the preservation and adaptive re-use of existing commercial buildings and
properties in a manner consistent with the character of the area. Continue to refine the
Zoning Ordinance and other codes to ensure that City ordinances do not discourage
adaptive re-use of vacant commercial buildings, both in the historic downtown and in
commercial corridors.
3. Limit the frequency of commercial site entrances along arterial roadways by promoting
shared use entrances and cross-access easements among adjoining properties.
4. Periodically review the performance of commercial sign codes to determine their
effectiveness and the codes’ impact on the quality of commercial corridors while
accommodating emerging concepts of commercial identity and brand.
5. Promote pedestrian and bicycle improvements and connecting pathways between
existing and proposed neighborhood commercial sites and the residential areas they
serve.
6. Encourage the establishment of transit amenities such as bus shelters and bicycle racks
to accommodate alternative means of access to commercial centers.
The Land Development Plan recognizes a hierarchy of commercial uses and includes
specific recommendations for each of the major Commercial areas in Dover which are
explained below.
The following is an excerpt from the 2019 Comprehensive Plan regarding Commercial – Low
Intensity Commercial Areas land uses (page 12-13):
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Item #3.
AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street
Planning Commission Recommendation Report of November 21, 2022
Page 5 of 9
Commercial - Low Intensity Commercial Areas
The Plan identifies areas for Commercial Low Intensity areas intended for predominately
neighborhood commercial use to meet the convenience retail and service needs of existing
and future residential areas. These uses can be accommodated in newly constructed
purpose-built buildings, in renovated existing buildings, or as part of mixed-use
redevelopment initiatives.
As part of the Land Development Plan, Table 12-1: Land Use and Zoning Matrix specifies that
the following zones are compatible with this land use classification of Commercial - Low
Intensity.
C-1 (Neighborhood Commercial)
C-1A (Limited Commercial)
C-2 (Central Commercial)
C-2A (Limited Central Commercial)
Commercial - Low Intensity
C-3 (Service Commercial)
SC-1 (Shopping Center Commercial)
RGO (General Residence and Office)
CPO (Commercial and Professional Office)
IO (Institutional and Office)
III. ZONING REVIEW
Request for C-2A (Limited Central Commercial Zone)
The applicant has requested the zoning of C-2A (Limited Central Commercial Zone). The types
of permitted uses in the C-2A (Limited Central Commercial Zone) are given in Article 3 §14 of
the Zoning Ordinance and referenced sections. See the following Code excerpt:
Article 3 Section 14. – Limited central commercial zone (C-2A).
14.1 Uses permitted. In a limited central commercial zone (C-2A), no building or premises
shall be used, and no building or part of a building shall be erected, which is arranged,
intended, or designed to be used, in whole or in part, for any purpose, except the following:
(a) Retail stores.
(b) Business, professional or governmental offices.
(c) Personal service establishments.
(d) Restaurants.
(e) Service establishments.
(f) Hotels.
(g) Places of public assembly.
(h) Drive-throughs.
(i) One family residences, including attached and semi-detached dwellings, complying with
the bulk standards of the RG-1 (General Residence) zone.
(j) Apartments and multi-family dwellings.
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Item #3.
AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street
Planning Commission Recommendation Report of November 21, 2022
Page 6 of 9
14.2 Conditional uses. The following uses are permitted, conditional upon the approval of the
planning commission in accordance with the procedures and subject to the general conditions
set forth in article 10, section 1:
(a) Parking lots and parking structures as a principal use on suitably landscaped lots.
(b) Fuel pumps accessory to a permitted use.
14.3 Enclosed buildings. All permitted uses and all storage accessory thereto, other than
offstreet parking, shall be carried on in buildings fully enclosed on all sides, except for outdoor
eating areas associated with restaurants and outdoor sales areas approved by the city
planner.
14.4 Performance standards. All uses are subject to performance standards as set forth
in article 5, section 8.1.
14.5 Site development plan approval. Site development plan approval in accordance
with article 10, section 2 hereof shall be required prior to the issuance of building permits for
the erection or enlargement of all structures and prior to the issuance of certificates of
occupancy for any change of use.
(Ord. of 7-10-2000; Ord. of 2-12-2001; Ord. No. 2008-33, 8-25-2008; Ord. No. 2010-28, 1-10-
2011; Ord. No. 2014-08, 7-14-2014 )
IV. RECOMMENDATION OF PLANNING STAFF:
The request for the C-2A (Limited Central Commercial Zone) is for a zone that consists of a
broad mix of uses in both the commercial and residential sectors. The permitted uses in the C-2A
zone that are commercial uses include retail, office, personal service & service establishments,
restaurants, hotels, and places of assembly. The C-2A zone also includes permitted uses that are
residential in nature including one-family residences (detached dwellings and duplex units),
apartments and multi-family dwellings (more than 2 dwelling units in same building). The C-2A
zone also includes conditional uses (uses subject to a specific review process for approval) for
parking lots and parking structures and fuel pumps accessory to a permitted use.
Staff recommends the annexation of the property at 1107 S. Bradford Street and its
rezoning to C-2A (Limited Central Commercial Zone) be approved as requested. The
subject property is in the City’s Annexation Plan of the 2019 Comprehensive Plan as Category 1:
High Priority Annexation Areas with a Land Use Classification as Commercial - Low Intensity.
This is a High Priority Annexation Area since it is an enclave and will help fill in one of the
holes in the City of Dover Boundary. The C-2A zoning is consistent with other development in
the surrounding area of this parcel which is predominately office related and in the C-2A and
RGO zones. It is consistent with the Land Use Classification of Commercial - Low Intensity.
The C-2A zoning can accommodate the current use of the property as a single-family dwelling;
however, the zone also allows for future redevelopment of the property for commercial uses
which would be consistent with neighboring uses and zoning. The property is also already served
by the City services of water and electric.
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Item #3.
AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street
Planning Commission Recommendation Report of November 21, 2022
Page 7 of 9
This Annexation/Rezoning Request does not grant approval of a specific use for the property but
makes its land use subject to a listing of uses permitted and potential conditional uses as allowed
in the C-2A zoning district. Staff notes that any potential redevelopment for the site or changes
of use for the existing building would have to be in line with the zoning classification and would
similarly have to follow all development design guidelines of the Zoning Ordinance. Were the
Application for Annexation/Rezoning to be recommended by the Planning Commission and
subsequently approved by the City Council, the applicant would still have to submit Site
Development Plans and/or Permits for review for any new use of the site or the building.
The parcel also meets the minimum lot depth of 100 feet for a parcel zoned C-2A and the current
main building (a dwelling) complies with the bulk standards for setbacks, height, and floor area
ratio. The accessory structures would be considered legal non-conforming as to their setbacks
from property lines due to their existing placement of less than five feet. Any non-conformity of
the existing buildings’ uses and placement regarding the bulk standards of the C-2A would be
subject to the provisions of the Zoning Ordinance, Article 7 – Nonconforming Buildings and
Uses. Any development of the property once zoned C-2A would be subject to the bulk standards
and provisions and the review processes for site development.
This recommendation is being made without the benefit of hearing the comments of surrounding
landowners and residents. A Public Hearing is required on this matter and the Planning
Commission should give those comments consideration.
V. PLANNING COMMISSION REVIEW FOR RECOMMENDATION
As part of the Annexation Request, the City of Dover zoning district is to be determined;
therefore, it is a request for a type of zoning map amendment which changes the zoning district
of a property. The Planning Commission as part of their public hearing and review process will
provide a recommendation on the zoning to City Council. As part of the process outlined in
Zoning Ordinance, Article 10 Section 5, the Planning Commission must evaluate the following
factors when considering the request:
Article 10 § 5.36 Report of the planning commission. Regarding each application for a
zoning map amendment, the planning commission shall provide a report to the city council
stating a recommended action with regards to the proposed amendment, along with the
commission's evaluation of the following factors:
(A) Whether the uses permitted by the proposed change would be compatible with the
existing uses and zones in the area concerned;
(B) Whether adequate public services and infrastructure exist or can be created or
expanded to serve the needs of any additional demand as a result of such change; and
(C) Whether the proposed change is in accordance with the city's current comprehensive
plan.
A Recommendation Report from the Planning Commission is to be forwarded to City Council
for their consideration of the Annexation & Rezoning Application. This document and its
attachments make up the Recommendation Report.
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Item #3.
AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street
Planning Commission Recommendation Report of November 21, 2022
Page 8 of 9
RECOMMENDATION OF THE PLANNING COMMISSION:
At the Hybrid (In-Person and Virtual) Planning Commission Meeting of November 21, 2022, the
Application AX-22-03 was represented by Dr. Nicholas Alcorn, a partner in the property
ownership group Ditko Properties, LLC. During the Public Hearing, no members of the public
spoke, and no written comments were received.
The Planning Commission’s motion was to recommend approval for Annexation & Rezoning
application AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street with the
proposed C-2A zoning (Limited Central Commercial Zone) and resulted in vote of 8-0 in
favor and no votes in opposition (one member absent). The reasons cited for the approval
include that the proposed change is compatible with existing uses and zones in the area concerned;
that adequate public services and infrastructure exist or can be created to serve the needs; and that
the proposed change is in accordance with the City’s current Comprehensive Plan as a High
Priority Area for annexation.
See also the included excerpt of the DRAFT Meeting Minutes of the November 21, 2022
Planning Commission meeting. The comments received from the other member agencies of the
Development Advisory Committee (D.A.C.) are also provided.
Submission of Plan of Services
As required by 22 Delaware Code §101, a Plan of Services is being prepared for submission to the
Office of State Planning Coordination. A copy of the full Plan of Services submission with all
attachments will be on file with the Planning Office.
VI. ADVISORY COMMENTS TO THE APPLICANT
1) From the agency comments received, it appears that ability to provide City sanitary sewer is
feasible due to the proximity to existing infrastructure. The property is already served by City
Water and Electric. It would be the property owner’s responsibility to cover all costs
associated with extending and connecting services to the existing dwelling or any
improvements to services for any redevelopment activity.
2) Regarding connection to City services for sanitary sewer, the applicant must contact the
City’s Department of Water & Wastewater for procedures, permitting and impact fees.
3) Upon annexation into the City of Dover, the property will be subject to the provisions of the
Dover Code of Ordinances. This includes procedures such as review processes for plans and
permits for redevelopment and/or construction activities, licensing, etc.
4) The applicant shall be aware that approval of any Annexation & Rezoning application does
not represent a Building Permit or other construction activity permit approval. A separate
application submission showing all improvements is required before issuance of plan
approvals and permits by the City of Dover.
Page 15
Página 16
Item #3.
AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street
Planning Commission Recommendation Report of November 21, 2022
Page 9 of 9
Attachments:
• Zoning Map Exhibit AX-22-02
• Application AX-22-02 Submission:
o Property Plan Sheet
• Development Advisory Committee (D.A.C.) Comments: Department of Public Works,
Department of Water & Wastewater, Office of the Fire Marshal, DelDOT, and Kent
Conservation District
• Excerpt of Draft Minutes from November 21, 2022 Planning Commission Meeting
Page 16
Página 17
City of Dover Application No.: AX-22-02
Item #3.
Department of Planning & Inspections
CPO RGO
R-8
IO
R-8
R-8
R-8
RGO
Wyoming Ave
R-8
C-1A CPO S Bradford St
S Governors Ave
C-2A Roos evelt Ave
S State St
Site
C-1
Jefferson Ter
C-4
C-1A C-1A
R-8 C-1A RGO
C-2A
SC-2
CPO
Tile: Lands of Ditko Properties, LLC
Ordinance #: 2022-19
Addresses: 1107 S. Bradford Street
Legend
Parcel ID: ED-00-077.17-01-12.00-000 Subject Property
Existing Zoning: RM Multifamily Residential Zone
Proposed Zoning: C-2A Limited Central Commercial Zone Dover Boundary
Owner: Ditko Properties LLC Zoning
Date: 9/28/2022
Dover Parcels
0 100 200 400 Feet
« Kent County Parcels
Page 17
Página 18
Item #3.
WYOMING AVE
S. BRADFORD ST
S. STATE ST
S. GOVERNORS AV
E
LOCATION MAP 1"=400'±
S. GOVERNORS AV
ST
E
S. BRADFORD
S. STATE ST
WYOMING AVE
MONROE TER
ROOSEVELT AVE
13
E
UT
RO
S.
U.
LOCATION MAP 1"=1,200'±
103 S. BRADFORD ST.
DOVER, DE 19904
P.O. BOX 558
DOVER, DE 19903
DITKO PROPERTIES, LLC T-302-744-9875
F-866-672-6428
9/9/2022
Page 18
Página 19
Item #3.
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
STAFF D.A.C. MEETING DATE: NOVEMBER 2, 2022
APPLICATION: Lands of Ditko Properties, LLC at 1107 S. Bradford Street
FILE #: AX-22-02
REVIEWING AGENCY: City of Dover Department of Public Works and Water & Wastewater
CONTACT PERSON: Jason A. Lyon, P.E., Director of Water & Wastewater
CONTACT PHONE #: 302-736-7025
CONTACT PHONE #: jlyon@dover.de.us
T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN
A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE .
T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT :
CITY AND STATE CODE REQUIREMENTS
SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. Our office has no objections to the proposed annexation of tax parcel ED-00-077.17-01-12.00-000. Any redevelopment shall
adhere to the City of Dover Water/Wastewater Handbook and the Specifications, Standards & Procedures for Public Works
Construction. Impact fees will be applied to this property.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES
SANITATION / STREETS / STORMWATER / WATER / WASTEWATER / GENERAL
1. None
ADVISORY COMMENTS TO THE APPLICANT
SANITATION / STREETS / STORMWATER / GENERAL
1. None
WATER / WASTEWATER
1. As per the Petition to Annex and Rezone Property, as heard by the Council Committee of the Whole, please find the following:
a. 1107 S. Bradford Street is currently served by City of Dover Water. 1107 S. Bradford Street is not served by Sanitary Sewer.
The nearest sanitary sewer is located to the southeast on an adjacent parcel. The property owner is responsible for
obtaining access to this utility and is financially responsible for any and all costs with connection. The property owner is
responsible for any and all costs associated with changes to service needs for property related its future redevelopment
including extending and providing service upgrades to the proposed property. This may include tapping the sanitary sewer
and water mains, connection to the building for both utilities, purchasing appropriately sized water meter and pit, paying
impact fees, and obtaining permits.
I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE
P LANNING D EPARTMENT AS S OON AS P OSSIBLE .
Page 19
Página 20
C F #3.
AX-22-02
Item
I I
T R
CITY OF DOVER Y E
DEVELOPMENT ADVISORY COMMITTEE O M
F A
APPLICATION REVIEW COMMENTARY
R
D.A.C. MEETING DATE: November 9, 2022 D S
O H
V A
E L
R
APPLICATION: Rezoning of 1107 S. Bradford St
FILE #: AX-22-02 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Matthew Brown, Deputy Fire Marshal PHONE #: (302) 736-4457
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND
COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE
APPLICANT:
ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL:
1. No Comments for this annexation.
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO):
2021 NFPA 1 Fire Code (NFPA; National Fire Protection Association)
2021 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association)
2019 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association)
2019 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association)
2009 IBC (International Building Code)
Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations
2021 Delaware State Fire Prevention Regulations
City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above
contact person listed.
Page 20
Página 21
Item #3.
CITY OF DOVER D
E
DEVELOPMENT ADVISORY COMMITTEE
L
APPLICATION REVIEW COMMENTARY D
O
T
===============================================================
APPLICATION: Lands of Ditko Properties, LLC
FILE#: AX-22-02 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Ryan Schroder PHONE#: 302-760-2674
===============================================================
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN
ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
No person, firm, corporation or the like shall construct, open, reconstruct, maintain, modify or use any
crossing or entrance onto a state-maintained highway, street or road, including any drainage modifications
leading into or carried by the highway drainage system, without first having complied with standards and
regulations adopted by the Department and having obtained a permit issued by the Department.
Please contact the Delaware Department of Transportation - Development Coordination section to begin
permit process.
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE
OBJECTIVES:
ADVISORY COMMENTS TO THE APPLICANT:
1. DelDOT has no objections to rezoning and annexation.
Page 21
Página 22
KENT CONSERVATION DISTRICT
Item #3.
1679 SOUTH DUPONT HIGHWAY • DOVER, DELAWARE 19901• (302) 608-5370 • WWW.KENTCD.ORG
CITY OF DOVER
DEVELOPMENT ADVISORY COMMITTEE
APPLICATION REVIEW COMMENTARY
NOVEMBER 2022
APPLICATION: Lands of Ditko Properties, LLC at 1107 S. Bradford Street
FILE #: AX-22-02
REVIEWING AGENCY: Kent Conservation District
CONTACT: Kate Owens
PHONE: 302-608-5370
EMAIL: stormwater@kentcd.org
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN
CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY
AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS
ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
Source: 2019 Delaware Sediment and Stormwater Regulations
CITY AND STATE CODE REQUIREMENTS:
Kent Conservation District has no objection to the annexation and rezoning for the above referenced site.
ADVISORY COMMENTS TO THE APPLICANT:
In the future, if there is any proposed disturbance that will exceed 5,000 square feet, a sediment and
stormwater management plan must be reviewed and approved by our office prior to any land disturbing
activity (i.e. clearing, grubbing, filling, grading, etc.).
Page 22
Página 23
Item #3.
CITY OF DOVER PLANNING COMMISSION
November 21, 2022
Excerpt from Meeting Minutes – Draft
The Meeting of the City of Dover Planning Commission was held on Monday, November 21,
2022 at 7:00 PM as an In-Person Meeting and also using the phone/videoconferencing system
WebEx. The Meeting Session was conducted with Chair Mrs. Maucher presiding. Members
present were Mr. Cooper, Mr. Roach (virtual), Dr. Jones, Mr. Hartman, Mr. Baldwin, Mrs.
Welsh (virtual), Mrs. Malone (virtual) and Mrs. Maucher. Mrs. Denney was absent.
Staff members present were Mrs. Mary Ellen Gray, Mrs. Dawn Melson-Williams, Mr. Julian
Swierczek, Mr. Jason Lyon (virtual), and Mrs. Kristen Mullaney.
NEW APPLICATIONS
AX-22-02 Lands of Ditko Properties, LLC at 1107 S. Bradford Street – Public Hearing and
Review for Recommendation to City Council of an Annexation Request and Rezoning Request
for a parcel of land totaling 11,248.2 SF (0.2582 +/- acres) located at 1107 S. Bradford Street,
Dover. The property is currently zoned RM (Multifamily Residential District) in Kent County.
The proposed zoning is C-2A (Limited Central Commercial Zone). The property is located on
the east side of S. Bradford Street approximately 135.37 feet south of Wyoming Avenue. The
annexation category according to Dover’s 2019 Comprehensive Plan is Category 1: High
Priority Annexation Areas and the land use designation is Commercial Low Intensity. The owner
is Ditko Properties, LLC. Property Address: 1107 S. Bradford Street. Tax Parcel: ED-00-077.17-
01-12.00-000. Proposed Council District 2. Ordinance #2022-19. The First Reading of this
Annexation Request was held on October 10, 2022. Public Hearing before the Planning
Commission is scheduled for November 21, 2022 and City Council on December 12, 2022.
Representative: Dr. Nicholas Alcorn, partner at First State Oral Surgery (ownership of property
by Ditko Properties, LLC)
Mrs. Melson-Williams stated that this is a Request for Annexation as noted. It is a property at
1107 South Bradford Street. The image on the screen is of the location. It is to the south of
Wyoming Avenue. It is an enclave area of several properties that are currently not within the
City of Dover, and this is a request by one of those to become part of the City. It is just over
11,000 square feet in land area. Currently, in the County it is zoned RM (Multifamily Residential
District), and the proposed zoning classification is C-2A (Limited Central Commercial Zone).
Our Comprehensive Plan has designated this property as Category 1: High Priority Annexation
Areas and the land use in the Comprehensive Plan is Commercial Low Intensity. Currently, the
property has on it a single family detached structure along with a shed and a garage/shed type
building. The property was recently acquired by neighboring property owners, and they are the
ones seeking to bring it into the City of Dover. It is currently served by City of Dover Electric
and City of Dover Water; however, the property is not served by sanitary sewer but there is
sewer in the area. It would be the burden of the property owner to make that connection and the
costs associated with it. With the Comprehensive Plan, we have to identify areas for annexation,
and this is one of them. The Comprehensive Plan also sets the review criteria for considering
Excerpt of Planning Commission Meeting Minutes of November 21, 2022 Page 1 of 2
Page 23
Página 24
Item #3.
properties for annexation. It calls out looking at the associated land use category that is shown on
Map 13-2; looking at the character and the compatibility of the surrounding land uses of
property; looking at things like street type and its capacity; and environmental concerns as well
as market conditions, as well as compatibility with the overall goals of the Comprehensive Plan.
Our DAC Report includes information about the goals with Commercial Land Use in the City
and specifically the Commercial Low Intensity Areas that are meant to really be on the edge of
neighborhood areas and provide for retail and service needs of associated residences. Looking at
the Land Development Plan, for the land use category of Commercial Low Intensity, the C-2A
(Limited Central Commercial Zone) is one of the compatible zoning classifications. On our
Report, the C-2A (Limited Central Commercial Zone) allows for basically a mix of both
commercial and residential use. So, the existing building on the site as a residence would be
compatible with that zone or as the application indicates, future redevelopment of the site is
likely. Those future uses would need to meet the requirements of the C-2A (Limited Central
Commercial Zone). Planning Staff is recommending approval of the Annexation and it’s
Rezoning to C-2A (Limited Central Commercial Zone). It is compliant with the land use
classification of Commercial Low Intensity. It is that High Priority (Annexation) Area. It is an
enclave that brings one more property into the City. We find that the C-2A (Limited Central
Commercial Zone) is consistent with other surrounding zoning in the area. There are some C-2A
(Limited Central Commercial Zone) to the north and there is also other residential zoning and
office zones in that general vicinity as well. It is noted that this Annexation and Rezoning request
needs a recommendation to City Council by the Planning Commission on the matter and City
Council will take the final action. Tonight, we are not approving a specific use or development
plan for the property; that would come after it was annexed fully into the City of Dover. The
Commission will need to look at whether the proposed change would be compatible with the
existing uses and zones in the area, whether there is adequate public services and infrastructure,
and whether it’s accordance with the City’s Comprehensive Plan.
Application representative, Dr. Nicholas Alcorn noted that he had no additional comments.
Mrs. Maucher opened the public hearing and after seeing no one wishing to speak, closed the
public hearing.
Mr. Hartman moved to recommend approval to City Council for AX-22-02 Lands of Ditko
Properties, LLC at 1107 S. Bradford Street to include the agreement with the DAC findings that
the proposed change is compatible with existing uses and zones in the area concerned and that
adequate public services and infrastructure exist or can be created to serve the needs and that
the proposed change is in accordance with the City’s current Comprehensive Plan; in fact it is a
High Priority Area for annexation, seconded by Mr. Baldwin and the motion was carried 8-0 by
roll call vote with Mrs Denney absent. Mr. Hartman voting yes; for reasons stated. Mr. Baldwin
voting yes; for the reasons stated. Dr. Jones voting yes; the application is consistent with the
City’s Comprehensive Plan and in consideration of the comments from the DAC. Mrs. Welsh
voting yes; the Annexation Request and Rezoning Request are in keeping with the
Comprehensive Plan so it’s appropriate for the area. Mrs. Malone voting yes; for reasons stated.
Mr. Cooper voting yes; for reasons stated. Mr. Roach voting yes; for reasons stated. Mrs.
Maucher voting yes; for reasons stated.
Excerpt of Planning Commission Meeting Minutes of November 21, 2022 Page 2 of 2
Page 24
Página 25
Item #3.
City of Dover
MAYOR AND COUNCIL
COUNCIL RESOLUTION NO. 2022-10
1 A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE
2 LIMITS OF THE CITY OF DOVER
3
4 WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said
5 City in accordance with Title 22, Chapter 1, Section 101 of the Delaware Code (22 Del. C.§ 101); and
6
7 WHEREAS, the Mayor and Council deem it to be in the best interest of the City of Dover to include an
8 area contiguous to the present City limits, and hereinafter more particularly described, within the limits
9 of the City of Dover; and
10
11 WHEREAS, the Charter of the City of Dover provides that if an annexation is petitioned by
12 all owners of all property considered for annexation; no election shall be required. For an
13 annexation petition not requiring an election, such petition shall be processed in accordance
14 with procedures established for amendments to the zoning map, specified in Dover Code,
15 Appendix B - Zoning. All annexation petitions shall be processed concurrently with the
16 rezoning of the property considered for annexation and shall be subject to public hearing before
17 City Council. Public notice shall be completed in accordance with the provisions of the Dover
18 Code relating to amendment of the zoning map.
19
20 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE
21 CITY OF DOVER, IN COUNCIL MET:
22
23 1. That the following described area, situated in East Dover Hundred, Kent County, State
24 of Delaware, along with all adjacent paths, sidewalks, roadways, and rights-of-way in their
25 entirety shall be annexed to and included within the limits of the City of Dover:
26
27 ALL THAT CERTAIN tract, piece or parcel of land and premises situated just south
28 of the corporate limits of the City of Dover in East Dover Hundred, Kent County and
29 State of Delaware, in the development known as South Dover Acres, lying on the
30 east side of South Bradford Street, having a frontage on said South Bradford Street
31 of seventy-five (75) feet and extending back therefrom between parallel lines in an
32 easterly direction one hundred fifty (150) feed of land, be the same more or less, and
33 being all of Lot No. 10 and north one-half of Lot No. 11 as shown on a plot of South
34 Dover Acres of record in the office of the Recorder of Deeds at Dover in Plot Book
35 1, Page 41.
36
37 2. That the above-described property shall be annexed into the City of Dover with a
38 zoning classification as set by City Council and in accordance with the zoning map and
39 environs then in force, effective upon such lands being included within the limits of the
40 City of Dover.
41
P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 25
Community Excellence Through Quality Service
Página 26
Council Resolution No. 2022-10 Page 2
Item #3.
42 3. That the certified copy of this resolution of annexation, together with a plot of the area
43 annexed, shall be filed for record with the Recorder of Deeds of Kent County.
44
45 4. That the effective date of this resolution shall be the 15th day of December 13, 2022, at
46 12:01 a.m.
47
48
49 ADOPTED: DECEMBER 12, 2022
50
51
52
53
54
55
56 ROBIN R. CHRISTIANSEN ROY SUDLER, JR.
57 MAYOR COUNCIL PRESIDENT
58
59
60 Actions History
61 12/12/22 – Scheduled for Public Hearing/Final Reading – City Council
62 11/21/22 - Planning Commission Review
63 10/25/22 - Utility Committee Review
64 10/22/22 - First Reading - City Council
P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 26
Community Excellence Through Quality Service
Página 27
FINAL READING
Item #3.
City of Dover
CITY OF DOVER ORDINANCE #2022-19
1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE
2 CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY
3 LOCATED AT 1107 SOUTH BRADFORD STREET
4
5 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the
6 limits of the City of Dover; and
7
8 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of
9 property described below from RM - Multifamily Residential District (Kent County zoning
10 classification) to C-2A- Limited Central Commercial Zone (City of Dover zoning classification).
11
12 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY
13 OF DOVER, IN COUNCIL MET:
14
15 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning
16 Ordinance of the City of Dover have been amended by changing the zoning designation from
17 RM - Multifamily Residential District (Kent County zoning classification) to C-2A - Limited
18 Central Commercial Zone (City of Dover zoning classification) on that property located at 1107
19 South Bradford Street, consisting of 0.2582 +/- acres (11,248.2 SF), owned by Ditko Properties,
20 LLC.
21 (TAX PARCEL: ED-00-077.17-01-12.00-000; PLANNING REFERENCE: AX-22-02; COUNCIL DISTRICT: 2)
22
23
24 ADOPTED: *
25
26 Actions History
27 12/12/2022 - Public Hearing/Final Reading - City Council
28 11/21/2022 - Public Hearing - Planning Commission
29 10/10/2022 - First Reading - City Council
30
31
32
33
34
P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 27
Community Excellence Through Quality Service
Página 28
Item #4.
REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on November 28, 2022, at 6:30 p.m. with Council
President Sudler presiding. Council members present were Mr. Anderson, Mr. Boggerty, Mr. Neil,
Dr. Pillsbury, Ms. Arndt, Mr. Rocha, Mr. Taylor, and Mr. Hare.
Staff members present were Police Chief Johnson, Ms. Peddicord, Mr. Hugg, Mrs. Gray, Fire
Chief Carey, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was also present.
OPEN FORUM
The Open Forum was held at 6:15 p.m., prior to the 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 was no one present wishing to speak during the Open Forum.
INVOCATION
The invocation was given by Elder Ellis B. Louden
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Hare.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Hare 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.
PUBLIC HEARING - RESOLUTION NO. 2022-09 APPROVING ISSUANCE OF
CERTAIN BONDS OR NOTES BY ROBBINS HOSE COMPANY NO. 1 OF DOVER,
DELAWARE
A Public Hearing was duly advertised for this time and place to consider Resolution
No. 2022-09 Approving Issuance of Certain Bonds or Notes by Robbins Hose Company No. 1
of Dover, Delaware.
Ms. Lori Peddicord, Controller Treasurer, explained that before Council, there is a Resolution
for the approval of the bonds or notes associated with the 2022 Pierce Enforcer Pumper Rescue
apparatus and because this was originally approved back in July 2021 and the delivery date has
been pushed several times there is a change order that was included in the packet of information.
Ms. Peddicord explained that Council made a motion to approve the $729,000 purchase of this
Page 28
Página 29
Item #4.
CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 2
apparatus, and the change order reflects an increase of $4,674, with a total amount of $733,000.
Ms. Peddicord further explained that the Fire Chief asked if the Fire Company would incur that
additional expense. Ms. Peddicord stated that they are circulating a solicitation for financing, and
if they can get the financing locked down before the delivery of the vehicle, the bank that the
City obtained the financing through will pay the vendor for the apparatus, and then there will be
balloon payment as originally budgeted going forth. If the financing is not locked down prior to
the delivery date, this Resolution allows the city the ability to fund the expense upfront and then
repay itself.
Ms. Peddicord explained that there is a clause in the Resolution where the city can reimburse for
the full cost or whatever was spent prior to the financing being obtained. Ms. Peddicord stated
that they are still going through the process of trying to close the loan and that it is a bit different
because of the delay in the delivery of the equipment.
Responding to Mr. Taylor, Ms. Peddicord explained that the fees come out of the general fund and
the budget is adjusted accordingly.
Responding to Mr. Taylor, Chief Carey explained that the trucks come with a one-year warranty,
with an option to purchase an extended warranty. Chief Carey further explained that they had
gotten a price quote on an extended warranty a few years back but cannot remember the exact
amount.
Mr. Taylor asked Chief Carey to bring the cost of an extended warranty back to council for review.
Mr. Hare followed up and stated that if paying the additional amount is an issue, council should
be able to assist, suggesting the possibility of using the discretionary fund.
Chief Carey followed up with Mr. Taylor, explaining that the truck comes with a bumper-to-
bumper one-year warranty and the drivetrain has a five-year warranty.
Responding to Mr. Neil, Chief Carey explained that they normally keep a truck on the front line
for fifteen years and then move it to the back line, and it lasts another five years. Chief Carey
explained that it takes approximately $50,000 a year to keep one engine in service once they start
aging, around the 12–15-year timeframe.
Mr. Neil stated that if they are going to take an extended warranty it would have to be beyond that
period. Mr. Neil stated that if it is not necessary to have it to approve this, they can come back with
it to see whether Council can add it, then they can honor the request from Councilman Taylor in
terms of seeing what that is going to cost them because it looks like it is after the 12th year, that
they start having the problems.
Mr. Hare agreed with Mr. Neil but explained that he does not believe they are going to find an
extended warranty that will go beyond 12 years unless you use CarShield, and they are very
expensive.
Council President Sudler declared the hearing open.
Page 29
Página 30
Item #4.
CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 3
There being no one present wishing to speak during the public hearing, Council President Sudler
declared the hearing closed.
By motion of Mr. Anderson, seconded by Mr. Hare, and by a unanimous roll call vote,
Council approved the change order for the fire truck apparatus.
By motion of Mr. Anderson, seconded by Mr. Boggerty, and by a unanimous roll call vote,
Council adopted Resolution No. 2022-09, as follows:
A RESOLUTION APPROVING ISSUANCE OF CERTAIN BONDS OR NOTES BY
THE ROBBINS HOSE NO. 1 OF DOVER, DELAWARE
WHEREAS, the Robbins Hose Company No. 1 of Dover, Delaware (the “Company”) is a fire
company organized and existing under the laws of the State of Delaware; and
WHEREAS, the Company has provided and continues to provide firefighting services to an
area within the City of Dover, Delaware (the “City”); and
WHEREAS, the Company has advised the City that the Company proposes to issue up to
$750,000.00 of bonds or notes of the Company (the “Bonds”) for the purpose of financing a
portion of the costs of a new 2022 Pierce Enforcer Pumper/Rescue thereon for the Company
(the “Project”); and
WHEREAS, it is the intent of the Company that the interest on the Bonds qualify for exclusion
from gross income of the owners thereof for federal income tax purposes pursuant to Sections
103 and 150 of the Internal Revenue Code of 1986, as amended (the “Code”); and
WHEREAS, pursuant to Sections 103 and 147 of the Code, interest on the Bonds will not
qualify for exclusion from gross income of the owners thereof for federal income tax purposes
unless the issuance of the Bonds is approved by the applicable elected representative of a
governmental unit with which the Company has entered into an agreement, after a public hearing
to consider the issuance of the Bonds has been conducted, following reasonable public notice;
and
WHEREAS, the City and the Company previously entered into an Agreement (the
“Agreement”) pursuant to which the Company agreed, among other things, to provide exclusive
firefighting services to the City; and
WHEREAS, notice of the requisite public hearing was published in the Delaware State News,
a newspaper of general circulation in the City, and on November 28, 2022, the City Council of
the City of Dover conducted a public hearing on behalf of the Company for the purpose of
considering the issuance of the Bonds; and
NOW, THEREFORE, BE IT RESOLVED that the Issuer hereby resolves and declares its
intent under Treasury Regulations § 1.150-2 to issue its bonds (the “Bonds”) to finance the
capital costs of the Project, together with costs of issuance and reasonably required reserves,
subject to the following conditions:
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 4
1. The maximum principal amount of Bonds expected to be issued to finance the
Project is
$750,000.00.
2. Pending issuance of the Bonds, the Issuer may finance the Project with other funds which
will be reimbursed with the proceeds of the Bonds, provided that (a) the Bonds shall not
be used to reimburse any expenditure paid more than 60 days prior to the present date;
(b) the Bonds shall not be issued more than 18 months after the later of (i) the date of
the first expenditure to be reimbursed with the proceeds of the Bonds, or (ii) the date
the Project is placed in service; and
(c) in no event may the Bonds be issued more than three years after the date of the first
expenditure to be reimbursed with the proceeds of the Bonds and provided further that
the limitations of this paragraph 2 shall not apply to qualified “preliminary expenditures”
as permitted by Treasury Regulations § 1.150-2(f).
3. Issuance of the Bonds shall be subject to documentation acceptable to the officers
of the Issuer providing for payment of principal, interest, and redemption price of
the Bonds.
BE IT FURTHER RESOLVED that the Council of the City of Dover, Delaware, for the sole
purpose of qualifying the interest payable on the Bonds of the Company for exclusion from the
gross income of the owners thereof for federal income tax purposes pursuant to Section 103 of
the Code, does hereby approve the issuance of bonds or notes by the Company in a maximum
aggregate principal amount of up to $750,000.00 for the purpose of financing a portion of the
costs of the Project, provided, that such bonds or notes shall be an obligation of the Company
and shall never be a debt of the City and the City shall not be liable for any payment on such
bonds or notes.
ADOPTED: NOVEMBER 28, 2022
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 14, 2022
The Minutes of the Regular Council Meeting of November 14, 2022 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 - November 15, 2022
The Council Committee of the Whole met on November 15, 2022, at 6:01 p.m. with
Council President Sudler presiding. Members of Council present were Mr.
Anderson, Mr. Boggerty, Mr. Neil, Dr. Pillsbury, Ms. Arndt, Mr. Rocha, Mr.
Taylor, and Mr. Hare. Mayor Christiansen was also present. Civilian members
present for their Committee meetings were Mr. Shevock (via WebEx) and
Mr. Contant (WebEx) (Legislative, Finance, and Administration), and Mr.
Tholstrup and Mr. Lewis (WebEx) (Parks, Recreation, and Community
Enhancement). Dr. Jackson and Mr. Hosfelt (Safety, Advisory, and Transportation)
were absent.
ADOPTION OF AGENDA
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Item #4.
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Mr. Neil moved for adoption of the agenda, seconded by Mr. Boggerty and
unanimously carried.
Mr. Sudler recused himself from the Safety, Advisory, and Transportation
Committee Meeting at 6:02 p.m. and returned at 6:39 p.m.
SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE
The Safety, Advisory, and Transportation Committee met with Chairman Taylor
presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and
unanimously carried.
Request for Waiver - Appendix A - Subdivisions, Article VI - Subdivision –
General Requirements and Design Standards, Section A - Streets (Right-of-Way
known as Raymond Street and Railroad Avenue) - Waiver of Requirements to
Increase in Maximum Length of a Dead-End Street (Cul-de-Sac), and the
Elimination of Sidewalk on One Side of a Public Street associated with a Site
Development Plan for the improvements to the rights-of-way of Raymond Street
and Railroad venue to allow for further development of the properties that these
streets will give access. (Mary Ellen Gray, City Planner)
Ms. Mary Ellen Gray, City Planner, reviewed the background and analysis
regarding the Request for Waivers.
Planning Commission recommended approval with conditions of the request to
increase in maximum length of a dead-end street and the elimination of a sidewalk
on one side of a public street.
Dominic Balascio, 3171 DuPont Parkway, Townsend, Delaware stated that he is
the developer for the project. Mr. Balascio stated that they have removed one of the
waivers, met with the Solicitor, Mr. Rodriguez, and the Planning Department and
it was determined that the one waiver as related to Raymond Street was not
necessary. Mr. Balascio noted that they are seeking two waivers tonight.
Mr. Balascio stated that one of them has to do with the length of Railroad Avenue,
not the width, it will comply with all the code requirements as related to width.
Mr. Balascio stated that it was determined that the entrances would be better on
Railroad Avenue and not Raymond Street when they met with the Planning
Department and the Planning Commission. Mr. Balascio stated that the second
waiver is the removal of the sidewalk along Railroad Avenue. Mr. Balascio
explained that they were told again that it would be best not to have sidewalks
adjacent to the railroad. Mr. Balascio continued to explain that they have taken the
time at the recommendation of this committee, to meet with people on-site, and go
over what was requested. Mr. Balascio noted that he met with Dr. Mishoe, Mr.
Rodriguez, and the Planning Department and reviewed Dr. Mishoe’s concerns
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 6
regarding her title to Raymond Street. Mr. Balascio explained that all of this has
been presented to Mr. Rodriguez and he has reviewed it all. Mr. Balascio noted that
it is not something that is before this committee tonight and that it has nothing to
do with both waivers.
Mr. Balascio stated that he respectfully submits that as far as that issue as a topic,
it has nothing to do with what they are requesting tonight. Mr. Balascio explained
that if that is something someone wants to discuss with regards to that, the
appropriate time is when they have their site plan submitted and it is before Council.
Mr. Balascio stated that both engineers are in attendance if Council has any
clarifying questions.
Mr. Taylor thanked Mr. Balascio and Mr. Rishel for their persistence. Mr. Taylor
also thanked Mr. Rishel for being nothing but professional throughout this process.
Mr. Taylor stated that good business is needed in the City of Dover and that housing
is needed.
Dr. Wilma Mishoe, 353 Rita Wilma Road, Dover, Delaware, stated that she is here
to speak about Raymond Street and Jason Street. Dr. Mishoe explained that since
she just heard Mr. Balascio state that, that is not what they are discussing tonight,
she does not have a concern about Railroad Avenue. Dr. Mishoe stated that the
appropriate time to discuss her issues would be with the site discussions and so
forth. Dr. Mishoe explained that her concern has to do with ownership and right of
way.
Dr. Mishoe explained that she has been through the deeds and that she probably has
every piece of deed and legal papers that they have. Dr. Mishoe stated that it seems
there is still the debate about who owns what property, and that it does need to be
settled and finalized. Dr. Mishoe stated that, that is not something that Council is
debating or deciding tonight.
Responding to Mr. Rocha, Mr. Taylor stated that on the agenda tonight, the waiver
request is two requests and that one is to increase the maximum length of a dead-
end street, the cul-de-sac, and to eliminate the sidewalks on one side. Mr. Taylor
explained that Mr. Neil made a motion, it was seconded by Mr. Boggerty, but the
motion failed. Thus, they went back to Planning Commission.
Responding to Mr. Boggerty, Dr. Mishoe stated that there is no opposition to
lengthening Railroad Avenue as it is not on her property.
Travis Mishoe Sudler, I, 353 Rita Wilma Road, Dover, Delaware, 19904. Mr.
Mishoe Sudler stated that he is not here to discuss any opposition regarding
Railroad Avenue. Mr. Mishoe Sudler stated that he would like to ask for a request
from the City of Dover. Mr. Mishoe Sudler requested the city collaborate with these
developers on trying to find an alternative route for them to get to their property
without coming through Jason Street.
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Item #4.
CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 7
Mr. Mishoe Sudler clarified that he is asking the city to investigate and to try
working with them to talk with DelDOT, about getting an entrance coming from
the west side so that they can enter the crossing over the railroad tracks. Mr. Mishoe
Sudler stated that his request is regarding Railroad Avenue and for the City of
Dover to work with these gentlemen, these developers so that they can keep peace
and commonality.
Mr. Mishoe Sudler stated that if Council agrees with having the population of
Dover grow by allowing them to build back their residencies, then he is asking, for
one of the representatives in the heirs of the community, which they want to run
through Jason Street. Mr. Mishoe Sudler asked Council to please investigate and
work with these gentlemen to get approval from the State of Delaware to connect
Railroad Avenue to something that they can develop beautifully in this city.
Responding to Mr. Mishoe Sudler, Mr. Boggerty stated that an issue coming from
the west side was the railroad tracks. Mr. Boggerty explained that they have heard
Representative Lynn on more than one occasion speak on the problems of trying to
have a railroad crossing installed because of the way the railroad works. Mr.
Boggerty continued to explain that they will give you one, but you must give them
another one back in return. Mr. Boggerty stated that with this being the case, they
are not giving anything because no one is giving any of them back and that it is
very problematic to do that.
Responding to Mr. Taylor, Mary Ellen Gray stated that this discussion tonight is a
continued consideration, a clarifying review, and an action of two subdivision
waivers for the Site Development Plan. Ms. Gray stated that the first waiver request
is to increase the maximum length of a dead-end street for Railroad Avenue and
eliminate a sidewalk on one side of a public street for Railroad Avenue. Ms. Gray
stated that per Appendix A, Subdivision Article VII, Special Provisions of the City
Code, which is due to special conditions peculiar to a subdivision or a site, the
Planning Commission may recommend to City Council that certain site sub-site
requirements be waived.
Ms. Gray explained that the review and public hearing of Site Plan S-2204 occurred
at the Planning Commission meeting on March 21st, 2002, to review these two
waiver requests. Ms. Gray noted that there was a third waiver request as well, which
as the applicant just articulated, is no longer being requested. Ms. Gray stated that
the Planning Commission recommended approval of these subdivision waivers.
Ms. Gray continued to state that the report and attachments were provided in the
packet that was posted. At the Council Committee meeting of the Whole, Safety
Advisory, and Transportation Committee meeting on April 26, 2022, the committee
heard a presentation of these waiver requests and there were also public comments.
Ms. Gray stated that the committee by their motion recommended postponing this
request until the city could review the rights related to Dr. Wilma Mishoe's
property.
Ms. Gray noted that a series of follow-up activities occurred and the Planning staff
via the City Clerk's office obtained contact information from Dr. Wilma Mishoe
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 8
and shared it with the project design team. Ms. Gray stated that as the applicant
indicated this evening, the staff scheduled an onsite meeting with Dr. Mishoe and
others on May 13, 2022 and provided additional information via email. Ms. Gray
continued to state that the results of the meeting were reported to the Planning staff
who then recommended the submission of documents related to the coordinated
activities. The Planning Staff also recommended the preparation of a series of
clarifying exhibits regarding the waiver requests and, this is described in a summary
letter dated June 17, 2022, which is in the packet.
Ms. Gray stated that these subdivision waiver requests were scheduled for
continued review and action at the Council Committee Meeting of the Whole on
June 28, 2022. Ms. Gray noted that was then postponed at the applicant's request.
Ms. Gray continued to explain that it was continued to a Council Committee
Meeting of the Whole Safety Advisory and Transportation Committee meeting on
July 26, 2022, and that is where the committee resumed consideration of the three
requests for waivers. Ms. Gray stated that it was at that meeting that there was a
motion that was put forth regarding the three waiver requests, but the motion failed.
Ms. Gray noted that in response to this action, the applicant submitted a letter dated
August 2, 2022, which is also in Council’s packet. Ms. Gray stated that City
Council, at their meeting on August 8, 2022, adopted the consent agenda, which
incorporated that failed motion. Ms. Gray continued to state that in response to
Council’s action on August 8, 2022, and further consultation with Planning staff,
the applicant submitted the letter dated November 1, 2022, which brought them
there this evening.
Ms. Gray stated that the November 1, 2022, letter from the applicant, withdraws
the one waiver request and outlines the summary and clarifying information of the
other two waiver requests. Ms. Gray continued to state that is why they are here
tonight. Ms. Gray stated that what is before Council this evening, is to have a
clarification, a review, and an action on the two waiver requests. Ms. Gray noted
that again, the requests are to increase the maximum length of a dead-end street for
Railroad Avenue and to eliminate one side of the sidewalk of a public street for
Railroad Avenue.
Madam Clerk Engle read into the record: November 15th, 2022, a response Request
for Waiver, Appendix A, Subdivisions Article VI, Subdivision General
Requirements and Design Standards Section A, Streets Right of way known as
Raymond Street and Railroad Avenue. Dear City of Dover Council Committee, I
write on behalf of Delaware State University regarding the above-referenced
request for waiver. The University respectfully opposes the waiver due to the
impact on traffic in the area. Respectfully. Tony Allen, Ph.D. President.
Mr. Neil stated that in the packet today, there are 261 pages, 91 devoted to this
subject. Mr. Neil stated that there is a letter and something that Mrs. Mishoe, and
again they are talking about people whom he has the greatest respect for and that
he thinks the city owes them a great deal of respect and, that is a question of who
owns the land. Mr. Neil continued to state that they have a letter that is in the packet
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 9
from an attorney dated November 5, 2022, suggesting that he was doing an
investigation. Mr. Neil noted that they have not heard back from that, but that he
understands from what they are talking about that would be a separate issue. Mr.
Neil noted that regarding that issue, that would probably come up when the plans
are made or brought before the Planning Commission as to what this is going to
look like before it is finished.
Mr. Neil stated that the second thing they have is the letter from Dr. Allen and that
he questions it because he is not certain where the university is affected by the
traffic because they cannot get through their property. Mr. Neil continued to state
that they could get through their property and that they may have another entrance
for it. Mr. Neil noted that he would rather have him testify in person to define this.
Mr. Neil stated that is because any time they have any kind of commercial activity,
anytime they have apartments and there is a group of apartments that are going up
on Leipsic Road, that is going to create a Leipsic Road at Route 13, that is going to
cause a tremendous amount of traffic because of the size of it.
Mr. Neil stated that he is concerned about it because the city has Firefly, they have
NASCAR, and they have the Gift of Lights that is coming up, which will be affected
and added to that. Mr. Neil continued to state that anytime you have a commercial
property, anytime you have any new business opening up, or anytime the university
wants to have another building added, it is going to create traffic. Mr. Neil
continued to note that he has disregarded that letter because he thinks it is too broad
and must be defined.
Mr. Neil noted that in the documents they have received in the packet, there are not
going to be any entrances except off Railroad Avenue. Mr. Neil stated that there
are going to be two exits and entrances up there to get into the community. Mr. Neil
noted that as far as he is concerned, he sees nothing that will change his vote. Mr.
Neil stated that he made the motion the last time, and he is going to again, do that
because the city needs that housing.
Mr. Neil stated that housing is extremely important to the city and what the city is
trying to do. Mr. Neil explained that lack of housing causes the cost of housing to
go up, and rents to go up. Mr. Neil stated that he thought the more housing that they
have, the better off they are going to be because the population is here and, the more
people they have in the city are going to benefit from them. Mr. Neil stated that it
is not to cause any problems for the Mishoe family who have been great citizens
and this city certainly owes a lot to them.
Jackie Griffith, 210 Westover Drive, stated that they have received notices, but that
they did not have the opportunity to look at any of the notices. Ms. Griffith stated
that their general counsel contacted the city today when they found out about this.
Ms. Griffith explained that President Allen wanted to make sure that he went on
record to say that Delaware State University opposed it, as they tried to investigate
more, they really needed more time to look at it and to study all the impacts that it
would create. Ms. Griffith stated that it is their annex building, which is where their
athletes are. (Attachment #1)
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Mayor Christiansen stated that State College Road is already a nightmare, while he
agrees with Councilman Neil, about the need, he cannot concur with an exit right
there at the railroad crossing. It is going to be a nightmare.
Responding to Mayor Christiansen, Ms. Gray referenced the map on page 66 of the
packet and showed that Railroad Avenue would end before the Delaware State
University’s Annex Property.
Referencing Pictures (Attachment #2) Ms. Gray explained that if they continue
passed the track it will turn into Railroad Avenue.
Responding to Mr. Taylor, Ms. Gray stated that there is currently no road there and
that it is unimproved. Ms. Gray explained that Raymond Street would continue
through the trees and meet Railroad Avenue.
Responding to Mr. Hare, Ms. Gray stated that this evening’s discussion is not on
ownership but on the request for waivers.
Responding to Mr. Hare, Ms. Gray stated that the next step would be the site plan
development process.
Mr. Neil moved to recommend approval with conditions of the request to
increase in maximum length of a dead-end street and the elimination of a
sidewalk on one side of a public street, as recommended by the Planning
Commission. The motion was seconded by Ms. Arndt and carried by a roll
call vote of 6 in favor, 2 opposed (Taylor and Boggerty), and 1 abstention
(Sudler).
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation to
approve with conditions of the request to increase in maximum length of a dead-end street
and the elimination of a sidewalk on one side of a public street, as recommended by the
Planning Commission, seconded by Dr. Pillsbury and carried by a unanimous roll call vote
Mr. Taylor moved for adjournment of the Safety Advisory and
Transportation Committee, hearing no objection, the meeting adjourned at
6:38 p.m.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with
Chairwoman Arndt presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Rocha and
unanimously carried.
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 11
Mayor and Council Reports
Council President
Mr. Sudler stated that on Tuesday, October 25th, 2022, from 8:30 AM to 9:30 AM,
he participated in the Diversity, Equity, and Inclusion Coffee and Conversation
event. Mr. Sudler noted that it was very productive, a lot of the organizational
citizens were very happy to be there, and that the morale was up and all was well.
On Saturday, October 29th, 2022, from 8:00 AM to 11:00 AM, he attended the
Delaware State University parade and held the banner for the State of Delaware's
Congresswoman, Lisa Blunt Rochester.
On Wednesday, November 3rd, 2022, he volunteered his talent and time to the
afterschool program for the City of Dover's Library Program. He prepared
chicken bread sliders and garlic macaroni and cheese for the youth. Mr. Sudler
stated that they were very excited.
First District
Dr. Pillsbury stated that District one held a community meeting, on November 3,
2022, at Maple Dale Country Club, which was well attended. Dr. Pillsbury stated
that she received a lot of feedback since they had the meeting of people who were
not available or were unaware of the meeting and hoped to attend future meetings.
Mr. Rocha stated that the next meeting will be the first Thursday in March. Mr.
Rocha stated that they will hold these meetings quarterly and then it will be
addressed if they need to do them more frequently because of the popularity. Mr.
Rocha stated that Dr. Pillsbury, Councilman Boggerty, and himself pulled this thing
together and that they had a member from the Delaware Department of
Transportation (DelDOT) that was speaking about the upgrades on Kenton Road,
which was very informative to them. Mr. Rocha stated that the only other thing that
is going on in the community is the gun violence intervention, which is going to be
held on November 16, 2022, but that they had a run-through today at Dover
Christian Church, which is on 1738 Forest Avenue right next to Dover High School.
Mr. Rocha stated that this is a new program that Chief Johnson has brought down
from Wilmington. Mr. Rocha stated that they are already working with individuals
that are on probation or parole and, as an alternative, providing them with
alternative means of staying away from unsavory or violent activity.
Second District
Mr. Taylor stated that he attended the Joint Pension Board and that the City’s
pension is in good shape. Mr. Taylor noted that there were some funds that were
not functioning as proficiently as they should, however and that they are being
monitored the way that they should. Mr. Taylor stated that there were a couple of
Veterans Day celebrations that he attended and that he attended the Homecoming
celebration parade for Delaware State University. Mr. Taylor noted that it was
excellent, excellent.
Mr. Taylor stated the Downtown Dover Partnership Safety is still trying to figure
out a better way to keep Dover safe downtown. Mr. Taylor stated that it does not
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 12
always include enforcement but that a lot of times compliance is what they are
seeking. Mr. Taylor asked, “how can they do things better without trying to put
people in handcuffs all of the time?” Mr. Taylor thinks that there are so many ways
that they can go about this and that he looks forward to the opportunity to discuss
it with everyone a little bit later.
Mr. Taylor noted that the Downtown Dover Partnership and the Downtown
Development Board itself met as well. Mr. Taylor stated that he attended the
Economic Development meeting and that the Delaware Department of Natural
Resources and Environmental Control (DNREC) did a presentation regarding
reducing emissions and trying to find a better way of doing things. Mr. Taylor stated
that one of the things that they had talked about was the grant program, Energize
Delaware Empowerment Grant and that great opportunity can come our way when
it comes to these grant opportunities to pay for solar, and electric vehicles and to
pay for these areas that our constituents are in need. Mr. Taylor stated that he asked
the City Manager to please start pursuing this, and they are already on it and that
they are trying to utilize it to the best of the City’s abilities.
Mr. Taylor stated that there were a couple of other things that happened in that
meeting today. Mr. Taylor noted that for example, he did not know it, but there is
a 90% rebate for charging stations, and a 90% rebate for charging stations that are
built and used here. Mr. Taylor stated that they need to know exactly what direction
the city is trying to go in so that they can do things much more efficiently. Mr.
Taylor noted that in one of the conversations that had come up, they were talking
about how the State of Delaware is identifying the needs and they are identifying
the cost of how-to bring prices down, but availability was the thing that they
discussed as well. Mr. Taylor explained that they know from their lighting program
that it is great to have the need, it is great to have the cost and everything in order
but if they do not have the availability of the product, then they are spinning their
wheels. Mr. Taylor continued to explain that he asked them to make sure that the
supply chain was in order, make sure that they were able to get the things that they
need, and that they get them now versus buying them later before it is brought to
them.
Mr. Taylor stated that he will make a standing promise that every time they do this,
he will not come to the meeting with three pages of places that he has gone and not
one sentence about what they have done. Mr. Taylor noted that will not happen
anymore. Mr. Taylor stated that he believes that if they start putting their efforts
together, everyone is talking about where they have gone, and what they have done
and they tie it in together, then they can get where they are trying to be a whole lot
quicker. Mr. Taylor noted that it will help them formulate a real plan, a destination
that we can go to, and they can all be on the same page while getting there.
Mr. Hare stated that he is just concerned with the second district. Mr. Hare
continued to state that he had a few constituents complain and then he reached out
to the City Code Enforcement office and to Ms. Duca. Mr. Hare explained that as
usual, they were right on top of it, and they were taken care of. Mr. Hare noted that
they were still dealing with the one request with Ms. Duca, who is working with
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the Department of Transportation to widen the entrance to a business off New
Burton Road.
Mr. Hare stated today they had Coffee with the Police in the second district at
Starbucks and that he was there with the police. Mr. Hare stated on December 10,
2022, the Police are having a neighborhood community event with a petting zoo
and some different things that the police are setting up. Mr. Hare noted that
everything was free, free food, free everything for anybody that attends.
Third District
Mr. Neil stated that he attended Dover Downtown Partnership and tourism
meetings as he serves as a liaison to those boards as well. Mr. Neil stated that he
also attended the Wild Meadows Homeowner’s Association meeting where Chief
Johnson was the guest speaker at the request of the association. Mr. Neil noted that
by the time he was finished he had a lot of senior ladies who were swooning and
mooning over his presentation. Mr. Neil stated that Chief Johnson was terrific and
that he will be getting a thank-you note. Mr. Neil continued to state that he also
attended Economic Development prior to this last one that Mr. Taylor just reported
on. Mr. Neil stated that he and Ms. Arndt sent out alerts on several items including
the State Street repairs and the Gift of Lights. Mr. Neil stated that those alerts go to
civic leaders, and HOA leaders in the third district so that they can spread them out
to their individual people throughout their communities.
Mr. Neil stated that they also handled several communities and individual
complaints by constituents who are still dealing with a six-way traffic situation at
Governors, Ross, and Bradford, which is a traffic problem that involves DelDOT.
Mr. Neil noted that Representative Lynn has graciously agreed to fund this project.
Mr. Neil stated that he will make sure that Councilman At-Large and
Councilwoman Arndt, are informed, and the same thing to additional problems
dealing with housing. Mr. Neil stated that housing handled by, that is rental
housing, and has been causing problems and serving as cancer in the neighborhood.
Ms. Arndt stated that she attended a meeting with department leadership, most of
whom are in the audience this evening. Ms. Arndt explained that they met the prior
week to discuss the Meeting House Branch Drainage Improvement Project, and
kind of the status timeline moving forward. Ms. Arndt stated that they have a great
team in Dover, they are certainly on top of it, and that she is hoping that they will
come to a committee meeting in the future to give Council a briefing on where they
stand on that project.
Ms. Arndt stated that she was also able to attend the 18th Century Market Fair, a
couple of weeks ago. Ms. Arndt noted that she loves that event and that it just keeps
getting bigger. Ms. Arndt stated that she thinks that event and Dover Days really
have showcased the history of our town. Ms. Arndt stated that coming up this week
Councilman Neil, herself, and several others have been invited to the Towne Point’s
HOA meeting.
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 14
Fourth District
Mr. Anderson stated that Saturday there was a wonderful event in which he was
honored to participate and contribute with community enhancement funds towards
the annual Thanksgiving dinner, which helps a lot of people in need in the local
community, right downtown at Holy Trinity. Mr. Anderson stated that with the
neighborhood watch, there has been a lot of good feedback at the various
neighborhood watch meetings. Mr. Anderson noted that the people in the Kirkwood
Street, the North Division Street neighborhood watch are extremely happy about
the lower rates of crime which are 85% to 90% below what they used to be just a
few years ago.
Mr. Anderson stated that they are working to get grants for LED lights. Mr.
Anderson noted that he worked on some things with disorderly premises, which
helped with a couple of problem areas. Mr. Anderson stated that the community
policing elements have been completely invaluable. Mr. Anderson continued to
state that thanks to the neighborhood watch, the light sound over strong, and the
Anti-Drug Task Force, at least nine drug houses were closed as well as a store that
was operating as a paraphernalia distribution point and worse. Now it is reopened
and is a positive element in the community. There were a lot of items and moving
parts that went into that building the whole community, including everything from
the Community Garden all the way through. Mr. Anderson noted that we need to
think about that as we discuss moving forward, looking at everything from lighting
to policing, the involvement, et cetera.
Mr. Anderson stated that housing is a part of that, as home ownership, the
partnership with Habitat for Humanity, NeighborGood Partners, and getting more
people with a stake in all that was part of it. Mr. Anderson stated that they look at
the success they have had and build on that. Mr. Anderson stated that he had the
opportunity to go to the Hamlet Neighborhood Association, which was well
attended by a couple of dozen people in that neighborhood, and that they had many
discussions. Mr. Anderson noted that a lot of them were hyperlocal and that they
all work through and deal with some of them. Mr. Anderson stated that the people
there had discussions about understanding and that they were grateful for
discussions about understanding the electric rates. Mr. Anderson noted the people
were not upset about it, but they wanted to understand it because they are paying
more, and they need to know why. Mr. Anderson noted that there was a wonderful
discussion on that, and the people had a robust discussion.
Mr. Anderson stated that he and Councilman Taylor received an invitation to
forward to the City staff to give a free spot in the next Maryland Supplier, Diversity
event. Mr. Anderson stated that they had a couple of businesspeople including
committee member, Ms. Adams of the Economic Development Committee at the
previous one talking about how she had an easier time getting business in Maryland
and in other states. Mr. Anderson stated that is where she had major contracts and
had hardly any business with the government here in Delaware State, County, and
City. Mr. Anderson stated that people from Woodcrest, Hamlet, and Lincoln Park
would like us to have discussions about how to design our roads to reduce speeding
in the neighborhoods.
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Item #4.
CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 15
Mr. Sudler stated that he received a concern/complaint regarding, Fulton Street
Alley from Mr. O'Brien regarding alleged possible illegal activity. Mr. Sudler
stated that it seems that they need to look at that concern which Councilman
Anderson, the Mayor, and he himself had in the past.
Mr. Sudler stated that he also received a concern/complaint from Mr. Thomas
Armstrong, who is the owner of Tom's Bullpen. Mr. Sudler noted that there was a
shooting in the Hamlet Shopping Center, at the Pizzeria. Mr. Sudler stated that Mr.
Armstrong was concerned about the fact that his establishment was being somewhat
highlighted because the individual got shot and ran into his establishment, but the
incident did not take place there and he felt that that was sort of unfair.
Mr. Sudler stated that he spoke with the owner of La Hacienda, and he is still
concerned about the loitering and also the shooting incident that took place.
Mr. Sudler stated that the constituents are still somewhat asking, inquiring, and
anticipating when would electric rates be adjusted.
At- Large
Mr. Boggerty stated that he participated in a new program that is in our area called
Network Connect at Legislative Mall and that it is an enrichment program
attempting to provide resources to low to moderate-income households.
Mr. Boggerty stated that he attended the Trunk-Or-Treat at William Henry Middle
School as a Councilman. Mr. Boggerty said that it was fun, they ran out of candy,
and the line was forever long. Mr. Boggerty stated that he also attended in support
of one of our local businesses, Evans Funeral Home, which also had a Trunk-Or-
Treat. Mr. Boggerty explained that he was able to mingle with the kids and that he
did not run out of candy at that one, but that it was close.
Mr. Boggerty stated that he attended and participated in a district one community
meeting. Mr. Boggerty continued to state that Council members Rocha and
Pillsbury were excellent, well put together, very well moderated, and very
informative,
Mr. Boggerty stated that he was the MC for the NAACP Freedom Fund Banquet.
Mr. Boggerty noted that it was excellent and well-attended. Mr. Boggerty explained
that they awarded some community leaders and Councilman Rocha was also the
DJ, there spinning the tunes.
Mr. Boggerty stated that he attended the Village of Westover HOA meeting. Mr.
Boggerty said that they were resetting their HOA and that he was also able to speak
with them, although they were not impacted. Mr. Boggerty stated that he answered
a few questions about the redistricting and tried to answer a few questions that they
had but it was decently attended.
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Item #4.
CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 16
Mr. Boggerty stated that he is chairing the committee for the Black Male Initiative
that is being hosted by the Delaware State Business School. Mr. Boggerty
continued to state that the goal of the program is to make sure that we encourage
black and brown men, young men who would not typically go to college to come
and consider. Mr. Boggerty stated that he would have benefited from a program
like this because he did not know about it and did not come from a background
where he knew about financial aid. Mr. Boggerty stated that he had a 2.17-grade
point average when he graduated high school because he was working late and
trying to go to school. Mr. Boggerty explained that this program wants to remove
the barriers and we know that education is one way to remove the barriers of some
of the things we are facing. Mr. Boggerty further explained that while it is a black
and brown initiative, all are invited to attend, and will be held on February 24, 2023.
Mr. Boggerty noted that they asked him to contact political leaders throughout the
state to come.
Mr. Boggerty met with the GVI and Larry Normile, at Delaware Technical and
Community College and toured the new Workforce Readiness Medical Program to
help some of the individuals that they are involved with and that are considering
utilizing that program. Mr. Boggerty noted that this is not a 4-year degree, great for
someone to learn a trade, and the cost is minimum. Mr. Boggerty stated that they
are already engaging one student in that program and that one student can make a
difference.
Mr. Boggerty stated that he attended the Black and Brown Leadership call that is
hosted by Lieutenant Governor Bethany Hall-Long monthly. Mr. Boggerty stated
that Black and brown leaders are throughout the state and open to everyone. Mr.
Boggerty noted that they talk about issues pertinent to the black and brown
community and while it is not completely going away, they talked about COVID
numbers and other stressors within the community.
Mr. Boggerty stated that he also participated in the Delaware State University
Homecoming. Mr. Boggerty continued to state that he is also working with an
ambassador for the Dover Downtown Partnership to develop new events to help
them develop new programs and new activities downtown to make downtown
attractive again.
Mr. Boggerty stated that Golf Suites is now wanting to look at Dover now. Mr.
Boggerty noted that he immediately started texting Mr. Hugg and that he thinks he
made an initial phone call, and that those conversations will be going on. Mr.
Boggerty explained that Golf Suites have laid out the parameters and hopefully they
can fit. Mr. Boggerty further explained that we meet most of the criteria and it is
just finding 10 acres of land in their location. Mr. Boggerty stated that they need to
be by a university, a military base, or by a highway.
Mr. Boggerty stated that he met with one of the representatives for Delaware
Prosperity Partnership and that they are developing a relationship to help the city
explore opportunities of what they can do to increase employment opportunities for
our citizens. Mr. Boggerty noted that this includes citizens in Dover, up and down
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Item #4.
CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 17
the state, to help establish a relationship with a transportation company for
individuals who want to go to Middletown and work but live in Dover. Mr.
Boggerty stated that there is a big plan for a chemical plant that is coming to the
Middletown area. Mr. Boggerty noted that the jobs are supposed to pay up in the
$60,000, to $70,000 range.
Mr. Boggerty stated that he spoke with the Delaware Interscholastic Athletic
Association (DIAA) President in support of one of Dover High’s football players
who is not being allowed to play. Mr. Boggerty stated that he is not being allowed
to play because he moved, and they did not know why he moved for a competitive
advantage, all this language but he spoke with the President in support of this young
man who is a senior and he was having a pretty good year. Mr. Boggerty explained
that he missed a few games, but they later cleared him to play so he hopes
everything works out for him.
Mr. Boggerty stated that he also spoke with a local landlord, to discuss the loitering
that was occurring on their property. Mr. Boggerty stated that he encouraged them
to act before the city acts. Mr. Boggerty stated that he has noticed there is kind of
an increase in individuals just kind of sitting on their property. Mr. Boggerty stated
that the landlord assured him that they are going to put whatever methods in place
to reduce the loitering on one piece of their property. Mr. Boggerty also encouraged
the landlord to get ring cameras, et cetera, and to work with Dover Police
Department to make sure just in case any events are happening there.
Mayor Christiansen
Mayor Christiansen reviewed Attachment #3 – Mayor’s Report
Responding to Mr. Taylor, Mayor Christiansen stated that he went to breakfast and
met with business owners from downtown and some businesses in the community.
Mayor Christiansen explained that they asked which direction they were going as
far as utility, energy issues that they have discussed, and other safety issues.
Responding to Mr. Taylor, Mayor Christiansen stated at the Chamber meeting that
he let them know they are making progress and encouraging businesses to come
downtown and that we are anxiously waiting for the Mosaic Report.
Responding to Mr. Taylor, Mayor Christiansen stated that there was not a plan
delivered at the Chamber of Commerce meeting to make things a little safer
downtown.
Presentation – The City of Dover Parks and Recreation Project Update (Robin
Eaton, Director of Parks and Recreation)
Mr. Robin Eaton, Director of Parks and Recreation reviewed the presentation of the
Dover Parks and Recreation Project Update.
Responding to Ms. Arndt, Mr. Eaton stated that regarding the 5 to 12-year-old
playground it is coloring of the surface.
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Item #4.
CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 18
Responding to Mr. Sudler, Mr. Eaton stated that they have attended some rotary
meetings but the whole organization within the area has yet to get on board with
that. Mr. Eaton stated that he believes there are five and three of them are in support.
Mr. Eaton stated that they are currently not advertising for funding but that they
have received funds through grants.
Mr. Sudler stated that at the beginning of the process there were individuals who
wanted to donate to the park’s projects. Mr. Sudler and Mr. Anderson suggested
reviewing the past minutes and reaching out to different clubs and organizations.
Mr. Sudler stated that he thinks Mr. Eaton is doing an excellent job, and the whole
staff is doing an excellent job. Mr. Sudler noted that he has gone to Williams Park,
and it looked amazing when they had the two events. Mr. Sudler further noted that
Dover Park is looking amazing, upkeeping with sustainable strategies, and progress
is continuing. Mr. Sudler stated that he is very proud of the staff and that the work
that they put in years ago is reflecting what they did then, and today.
Mr. Taylor suggested Mr. Eaton reach out to the Biden School and the Grant
Assistance Program.
Responding to Ms. Arndt, Mr. Eaton stated that they looked at the cost analysis of
the actual roof structure and how it would be built for solar panels, as opposed to
without the solar panels, and then the amount of light that we would get in that
wooded area, and it just, it really was not cost-effective.
Responding to Mr. Tholstrup, Mr. Eaton stated that adding conduits at this point
would not be difficult for the charging station but that is a decision that needs to be
made by everyone.
Ms. Arndt stated that she thinks it is a good option to consider, DNREC parks had
done that and put chargers in the parks. Ms. Arndt explained that it draws people in
because they need a charge and then they will enjoy the resources.
Responding to Mr. Sudler, Mr. Eaton stated that the dog park is being done in-
house and would likely start in the spring.
Responding to Mr. Rocha, Mr. Eaton stated that WRA, Whitman, Requardt, and
Associates, the engineers on the project, are in the final stages of developing the
RFP paperwork for the skatepark. Mr. Eaton explained that they wanted to get the
Dover Park project behind them and then the skatepark shortly thereafter. Mr. Eaton
stated that it is his goal to have the projects concluded by end of 2023.
Silver Lake Dam – Annual Inspection Review (Jason Lyon, Director of Water
Wastewater)
Mr. Jason Lyon, Director of Water and Wastewater, reviewed the background and
analysis regarding the Silver Lake Dam Annual Inspection.
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Item #4.
CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 19
Staff recommended accepting the Silver Lake Dam 2022 Dam Safety Inspection
Report and the FY 2022 Silver Lake Dam Inspection and Update Memorandum.
Responding to Mr. Neil, Mr. Lyon stated that in May of 2022, they considered
inflation, but that they did not know if inflation is kind of out of control. Mr. Lyon
stated that as far as the budget, it will have to be reprogrammed into the budget for
future years, which will be presented as part of their budget packet through their
department.
Mr. Hare moved to recommend accepting the Silver Lake Dam 2022 Dam
Safety Inspection Report and the FY 2022 Silver Lake Dam Inspection and
Update Memorandum, 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 to
accept the Silver Lake Dam 2022 Dam Safety Inspection Report and the FY 2022 Silver Lake
Dam Inspection and Update Memorandum, seconded by Dr. Pillsbury and carried by a
unanimous roll call vote
Ms. Arndt moved for adjournment of the Parks, Recreation, and Community
Enhancement Committee meeting, hearing no objection, the meeting
adjourned at 7:51 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance and Administration Committee met with Chairman
Anderson presiding.
Adoption of Agenda
Mr. Hare moved for adoption of the agenda, seconded by Mr. Taylor and
unanimously carried.
Increased Purchase Cost of Electric Trucks, by more than 15% (Paul Waddell,
Electric Director)
Mr. Paul Waddell, Electric Director review the background and analysis for the
increased purchase cost of the electric truck by more than 15 percent.
Staff recommended approving the additional cost of $75,707.76 to purchase the
Digger Truck Vehicle #775 utilizing the funds designated for the purchase of the
2013 F550 Vehicle #778 and pushing the purchase of Vehicle #778 to FY24.
Responding to Mr. Taylor, Mr. Waddell stated they are not happy with having to
spend more money but yes, he did run it by Ms. Peddicord, City Manager Hugg,
and Assistant City Manager Duca. Mr. Waddell stated that this is the problem and
gave them the secondary plan which was placed in the committee action form in
the packet.
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Item #4.
CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 20
Mr. Hare moved to recommend approving the additional cost of $75,707.76 to
purchase the Digger Truck Vehicle #775 utilizing the funds designated for the
purchase of the 2013 F550 Vehicle #778 and pushing the purchase of Vehicle
#778 to FY24, as recommended by staff. The motion was seconded by Mr.
Sudler and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation to
approve the additional cost of $75,707.76 to purchase the Digger Truck Vehicle #775 utilizing
the funds designated for the purchase of the 2013 F550 Vehicle #778 and pushing the
purchase of Vehicle #778 to FY24, seconded by Dr. Pillsbury and carried by a unanimous
roll call vote
Update from the American Federation of State, County, and Municipal
Employees (AFSCME) on Membership Priorities (Kay Sass, President of
AFSCME Union)
Ms. Kay Sass presented a verbal presentation regarding an update from the
AFSCME Union (Attachment #4).
Mr. Sudler thanked Ms. Sass for acknowledging the leadership regarding all of us
on how they play a significant role as a team or city council, and the fact that they
do put our organizational citizens first and they do hear them. On behalf of himself
as Council President and all of Council, Mr. Sudler thanked Ms. Sass and noted the
hard work that the council puts forth, the strategies that they are putting forth to
boost morale, and everything. Mr. Sudler noted the Diversity, Equity, Inclusion,
faith, and just everything that they are doing in conjunction with the mayor’s
assistance as well, that this is a team and when one component of the team wins,
we all win.
Mr. Sudler thanked Ms. Sass for acknowledging and recognizing their initiative and
their part in the success of the team over.
Responding to Mr. Sudler, Ms. Sass stated there is no way she can truly emphasize
the importance of how everyone really feels about being heard. This is something
they have talked about probably a lot over the last year and a half or so, and on
behalf of AFSCME, she can say that. On behalf of a lot of other employees, she
can say that as well. Ms. Sass noted that it is not always easy to be an elected
official, but what it does come down to is when you have empathy and the desire,
it shows through. It may not always go in everyone's favor but knowing that they
are being heard sometimes is just as valuable.
Proposed Ordinance #2022-21 - Amending Article 3. District Regulations -
Section 20A. - Industrial Park manufacturing zone - Business and Technology
Center (IPM2)
Ms. Mary Ellen Gray, City Planner reviewed the background and analysis for the
Proposed Ordinance #2022-21.
Staff recommends approving the Ordinance for the First Reading at the November
28, 2022, Regular City Council Meeting.
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Item #4.
CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 21
Responding to Mr. Neil, Mr. Hugg stated that this has not been an easy sell, it is a
beautiful park with somewhat limited access and a fair number of restrictions. Mr.
Hugg noted that in the marketplace today, they have talked to numerous potential
buyers, developers, whatever, with not the greatest success. Mr. Hugg stated that
20 years later, they had four uses in a park of 300 acres or so. Mr. Hugg further
explained that they had discussions with and have offered the sale of the park
through a broker to give the city more opportunities to contact people.
Mr. Hugg stated that they have one letter of intent, one contract for sale, and three
pending contracts for sale by virtue of using the broker. Mr. Hugg stated that they
still own the land and have not sold it yet, but that the city has contracts on some of
the lots because of both our own energy and the broker being out there and
aggressively talking to some people. Mr. Hugg stated that unfortunately, the interest
rate hike that the Federal Reserve has put on prevented the settlement of one of the
lots that they had a sale contract on. Mr. Hugg noted that it will probably come back
if the interest rates drop a little bit, but that they have another offer on the same lot.
Mr. Hugg stated that they concluded that they needed some professional guidance
and professional representation to make these transactions happen.
Mr. Neil stated that there is a free buffer and there is a solar park that is there, but
that would be his only concern, but he sees no problem whatsoever. Mr. Neil
explained that he needed the clarification of terms of what originally was offered
and the fact that now they are serving as a broker for it if they can put people in,
thank heavens because that means business for us, it means taxes for us, it means
an activity in that area that should have activity.
Responding to Mr. Anderson, Mr. Hugg stated that indoor recreation did not meet
the purpose and intent of a business and technology park and it is currently allowed
in other zoning districts.
Mr. Hare moved to recommend approving the Ordinance for the First
Reading on November 28, 2022, Regular City Council Meeting, as
recommended by staff. The motion was seconded by Mr. Shevock and
unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation to
approve Ordinance #2022-21 for First Reading on November 28, 2022, Regular City Council
Meeting seconded by Dr. Pillsbury and carried by a unanimous roll call vote.
Proposed Ordinance #2022-22 Amending Chapter 102 Taxation (Tax Increment
Financing) (David S. Hugg, III, City Manager
Mr. David S. Hugg, III, City Manager, reviewed the background and analysis
regarding the Proposed Ordinance #2022-22.
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Item #4.
CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 22
Staff recommended approving the Ordinance for the First Reading at the November
28, 2022, Regular City Council Meeting.
Mr. Hare moved to recommend approving the Ordinance for the First
Reading at the November 28, 2022, Regular City Council Meeting, as
recommended by staff. The motion was seconded by Mr. Sudler and
unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation to
approve Ordinance #2022-22 for First Reading on November 28, 2022, Regular City Council
Meeting seconded by Dr. Pillsbury and carried by a unanimous roll call vote.
Proposed Ordinance #2022-23 - Amending Chapter 2. Administration - Article IV.
Officers and Employees - Division 4. Controller/Treasurer
Mr. David S. Hugg, III, City Manager, reviewed the background and analysis
regarding the Proposed Ordinance #2022-23.
Staff recommended approving the Ordinance for the First Reading at the November
28, 2022, Regular City Council Meeting.
Mr. Hare moved to recommend approving the Ordinance for the First
Reading at the November 28, 2022, Regular City Council Meeting, as
recommended by staff. The motion was seconded by Mr. Sudler and
unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation to
approve Ordinance #2022-23 for First Reading on November 28, 2022, Regular City Council
Meeting seconded by Dr. Pillsbury and carried by a unanimous roll call vote.
Proposed Ordinance #2022-24 - Amending Chapter 2. Administration - Article IV.
Officers and Employees - Division 5. City Clerk
Mr. David S. Hugg, III, City Manager, reviewed the background and analysis
regarding the Proposed Ordinance #2022-24.
Staff recommended approving the Ordinance for the First Reading at the November
28, 2022, Regular City Council Meeting.
Mr. Rocha moved to recommend approving the Ordinance for the First
Reading at the November 28, 2022, Regular City Council Meeting, as
recommended by staff. The motion was seconded by Mr. Shevock and
unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation to
approve Ordinance #2022-24 for First Reading on November 28, 2022, Regular City Council
Meeting seconded by Dr. Pillsbury and carried by a unanimous roll call vote.
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Item #4.
CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 23
Mr. Anderson moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, hearing no objection, the meeting
adjourned at 8:18 p.m.
Mr. Sudler moved for adjournment of the Council Committee of the Whole
meeting, hearing no objection, the meeting adjourned at 8:19 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.
FIRST READING - PROPOSED ORDINANCE #2022-22
Council President Sudler reminded the public that copies of the proposed ordinance were available
on the City's website at www.cityofdover.com under "Government," or by contacting the City
Clerk's Office at 302-736-7008 or cityclerk@dover.de.us. Final action by Council on the proposed
ordinance will take place during the Council Meeting on December 12, 2022.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
proposed Ordinance as read by the City Clerk, by title only, as follows:
Ordinance #2022-22 Amending Chapter 2 – Administration-Article V - Finance
Mr. David S. Hugg, III, City Manager, stated that in 2017, the City Council requested that the
General Assembly amend the state code as it relates to Tax Increment Financing (TIF) to add
provisions that would allow the City of Dover and Kent County to use tax increment financing as
an alternative financing method for development and redevelopment. Mr. Hugg explained that it
was primarily for a project that had been proposed up near Dover Mall, but that the amendment
request was for the city, in general. The General Assembly enacted that ordinance amendment,
granted to Dover and Kent County the authority to implement tax increment financing.
Mr. Hugg explained that the Ordinance does two things. First, it confirms the city’s authority, as
granted by the General Assembly, creating the Dover Code related to tax increment financing
(TIF). Secondly, it sets forth, consistent with state law, the provisions or steps that the city has to
go through should they decide to use this funding mechanism for a development or redevelopment
initiative.
Responding to Council President Sudler, Mr. Hugg explained that Tax Increment Financing is a
method that allows the issuance of tax-exempt bonds by the local jurisdiction to support the
development or redevelopment of industrial, commercial, or residential areas. Mr. Hugg further
explained that the term tax increment means that the bonds are paid for from the proceeds of the
added revenue that comes because of the redevelopment. Mr. Hugg stated if the City has properties
that are worth $1 million, and they go through a redevelopment and enhancement initiative, then
they are worth $3 million then the tax on the $2 million increment is used to retire the bonds. Tax
increment financing bonds are not debts of the city. They do not attach to the credit of or assets of
the city, but they are a way to encourage particularly private development and private
redevelopment reinvestment. The bonds generally sell at a discount, and they are usually snapped
up by municipal or institutional holders of those kinds of financial documents.
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Item #4.
CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 24
Responding to Mr. Taylor, Mr. Hugg explained that because they are not supported by the credit
or assets of the city, the city is not obligated to repay those bonds. The risk is on the
developer/redeveloper for money that is obligated to the bonds. If the bottom should drop out of
the finance market or something, that is their risk, their loss, and normal default procedures would
take place.
Responding to Mr. Neil, Mr. Hugg explained that this is an additional tool that can be used. There
are tax incentives and tax credits that are available. There are some other federal credits, and there
are opportunities for credits, but tax increment financing (TIF) is one more tool that could be used.
The other is what they call special district financing, like a business improvement district. This
could be used to support the financial investments for downtown redevelopment.
Responding to Mr. Sudler, Mr. Hugg explained that the closest thing that they had was the Business
Improvement Taxing District that existed downtown. It was taken off the books a couple of years
ago. Mr. Hugg noted that he is not sure that that specifically meets the definition of a special
district, but it is essentially the same mechanism. It is tied to an investment downtown that is
subject to a tax. Mr. Hugg stated that if he is not mistaken, those bonds do pledge the asset and the
credit of the city.
Responding to Mr. Sudler, Mr. Hugg explained that the business improvement district tax that the
city had on its books and imposed for several years was an additional tax on properties in the
designated area that was earmarked for reinvestment in the downtown. So properties downtown,
he believes, had a cent or two of additional property tax that was a dedicated earmarked revenue
to be used for downtown, not to go into the just general revenues of the city. There was a reasonable
amount of opposition to that tax over the years. It was reduced eventually to zero, and then if he
remembers that three years or so ago, it was stricken from the books. But that is another
mechanism, it is a tax on properties that benefit from the City's investment in streets or sidewalks
or street lighting or whatever. Kind of you benefit from our investment, and you have a share of
the cost.
Responding to Mr. Sudler’s question of whether a brick-and-mortar police station would qualify
for funding through this ordinance, Mr. Hugg stated that he did not think so, it would not be
something that would normally be financed with a tax increment bond because they are generally
aimed at private and non-profit client’s business activities. Mr. Hugg stated that the city could
issue a regular bond to pay for something of that nature if it chose to. Mr. Hugg continued to state
that he does not know whether a business improvement district or special district provision could
be used for a public purpose.
Responding to Mr. Sudler’s inquiry, Ms. Peddicord stated that she did not think a brick-and-mortar
police station would qualify for funding through tax increment financing.
Mr. Anderson explained that he wanted to make sure people out there understand that the tax
increment finance (TIF) is its own separate bill and apart from any discussion of special districts
and so what they are dealing with tonight will not raise taxes one penny. Mr. Anderson further
explained that if you buy a property that is worth half a million dollars, you are going to make it
worth 5 million dollars. Mr. Anderson noted that it provides where you can get financing based
upon the value added, the increment value added. Mr. Anderson stated that he just wanted to make
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Item #4.
CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 25
sure everybody knows that they are not raising taxes, his name is not on the tax increase, he
promises.
FIRST READING - PROPOSED ORDINANCE #2022-23
Council President Sudler reminded the public that copies of the proposed ordinance were available
on the City's website at www.cityofdover.com under "Government," or by contacting the City
Clerk's Office at 302-736-7008 or cityclerk@dover.de.us. Final action by Council on the proposed
ordinance will take place during the Council Meeting on December 12, 2022.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
proposed Ordinance as read by the City Clerk, by title only, as follows:
Ordinance #2022-23 Amending Chapter 2 – Administration – Article IV. Officers
and Employees-Division 4. Controller Treasurer
Mr. David S. Hugg, III, City Manager, explained that Ordinance 2022-23 is updating the
municipal code to be consistent with the charter changes that were made by the General
Assembly. The provision that required the annual appointment of the Controller Treasurer
was deleted in the charter change, and this ordinance strikes the unnecessary language and
makes it consistent with the revised adopted charter.
FIRST READING - PROPOSED ORDINANCE #2022-24
Council President Sudler reminded the public that copies of the proposed ordinance were available
on the City's website at www.cityofdover.com under "Government," or by contacting the City
Clerk's Office at 302-736-7008 or cityclerk@dover.de.us. Final action by Council on the proposed
ordinance will take place during the Council Meeting on December 12, 2022.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the
proposed Ordinance as read by the City Clerk, by title only, as follows:
Ordinance #2022-24 Amending Chapter 2 – Administration – Article IV. Officers
and Employees-Division 5. City Clerk
Mr. David S. Hugg, III, City Manager, explained that this is another housekeeping
ordinance. Mr. Hugg further explained that the charter amendments that were adopted by
the General Assembly were changes to the language in various sections. There had been a
requirement in the previous charter and in the city code that the City Clerk be reappointed
every year. That language was stricken from the newly adopted city charter. This
Ordinance removes it from the City Code to make them consistent.
ELECTION OF OFFICERS – ROBBINS HOSE COMPANY – YEAR 2023 FIRE LINE
OFFICERS
The Fire Line Officers of the Robbins Hose Company are elected annually on the third Monday
of November. Members were provided the results from the November 7, 2022, Robbins Hose
Company Election for consideration as follows:
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 26
Fire Chief - David Carey
Deputy Fire Chief - Sean Christiansen
First Assistant Chief - Sierra Brown
Second Assistant Chief - Brian Bashista
Third Assistant Chief - James Iannucci
Fourth Assistant Chief - Jason Boc
First Fire Line Captain - Chad Knotts
Second Fire Line Captain - Troy Christiansen
By consent agenda, Mr. Neil moved for acceptance of the Fire Line Officers for
Robbins Hose Company No. 1 for the Year 2023, as submitted. The motion
was seconded by Dr. Pillsbury and carried by a unanimous roll call vote.
FIRST READING - PROPOSED ORDINANCE #2022-21 AMENDING APPENDIX B -
ZONING
Council President Sudler reminded the public that copies of the proposed ordinance were available
at the entrance of the Council Chambers, on the City’s website at ww.cityofdover.com under
“Government,” or by contacting the City Clerk’s Office at 302-736-7008 or
cityclerk@dover.de.us. Since the ordinance amends the Zoning Code, a public hearing is required.
It is recommended for referral of the amendments to the Planning Commission on December 19,
2022, and that a public hearing be set for the Council Meeting of January 9, 2023, at 6:30 p.m., at
which time final action by Council will take place.
Mr. Anderson introduced an amendment to proposed ordinance #2022-21, adding A.20.19
Indoor recreation and amusement establishments, added after line 60.
Mr. Anderson moved to refer the request as amended to the Planning Commission on
December 19, 2022, and to set a public hearing for January 9, 2023, at 6:30 p.m. The
motion was seconded by Mr. Taylor and unanimously carried.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of
the Zoning Ordinance Amendments as read by the City Clerk, by title only, as follows:
Proposed Ordinance #2022-21 Amending Article 3 – District Regulations, Section 20A -
Industrial Park Manufacturing Zone – Business and Technology Center (IPM2)
FINAL READING - PROPOSED ORDINANCE #2022-10
The First Reading of the Proposed Ordinance was accomplished during the Council Meeting on
November 14, 2022. Council President Sudler reminded members of the public that copies of
the proposed ordinance were available at the entrance of the Council Chambers or on the City’s
website at www.cityofdover.com under “Government.”
Mr. Hare moved that the Final Reading of the proposed Ordinance be acknowledged by
title only, seconded by Ms. Arndt, and unanimously carried. (The First Reading of the
proposed ordinance was accomplished during the Council Meeting of November 14, 2022.)
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By motion of Mr. Hare, seconded by Mr. Neil, Council, by a unanimous roll call vote, adopted
Ordinance #2022-10, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 22 – Buildings and Building and Regulations, Article VII – Property Maintenance
Code be amended to read as follows:
CHAPTER 22 BUILDINGS AND BUILDING REGULATIONS
ARTICLE VII. – PROPERTY MAINTENANCE CODE
Section 22-226 Violations and penalties
(a) Any person, firm, or corporation who violates any provision of this article shall be
penalized by a fine as provided for in Appendix F—Fees and Fines.
(b) Unpaid fees and fines are to be placed on the municipal lien docket by the city against
the property on which the violation occurred.
That Appendix F Fees and Fines, Chapter 22 Buildings and Building Regulations be amended by
inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as
follows:
APPENDIX F – FEES AND FINES
Chapter 22. Buildings and Building Regulations
Chapter 22. Buildings and Building Regulations Fees and Fines
Article III. Building Code
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-61. Adopted (International Building Code)
Sec. 105.5.1. Expiration; Additional 180-day extensions may be $25.00 per 180-day
granted with payment of a renewal fee extension
Sec. 113.4. Violation penalties; Each day that a violation continues Fine of not less than
shall be deemed a separate offense $100.00 or more than
$10,000.00
Sec. 114.3. Unlawful continuance
First offense $100.00
Second offense $250.00
Third offense $500.00
Fourth and subsequent offenses No less than
$1,000.00 and no
more than $10,000.00
Sec. 22-65. Permit fees
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Fees shall double in the event that a permit is applied for after construction has commenced
without the permission of the building inspector. The building inspector may waive the
doubling of fees in cases where the building permit applicant is not a professional contractor,
and the work is not being done by a professional contractor.
Subsec. (a) Building permits $25.00 for first
$1,000.00 of costs
and $8.00 for each
additional $1,000.00
of costs or multiples
thereof up to
$10,000,000.00 of
costs, $6.00 for each
additional $1,000.00
of costs or multiple
thereof up to
$20,000,000.00, and
$5.00 for each
additional $1,000.00
of costs or multiple
thereof above
$20,000,000.00
Subsec. (a) Fence permits $25.00 for first
$1,000.00 of costs
and $8.00 for each
additional $1,000.00
of costs or multiple
thereof
Subsec. (a) Sign permits $0.75 per square foot
of sign area;
minimum fee for
each permit $50.00
Subsec. (a) Swimming pool permits $25.00 for first
$1,000.00 of costs
and $8.00 for each
additional $1,000.00
of costs or multiple
thereof
Subsec. (a) Demolition permits, any building which is being $50.00; $0.00 if
demolished for the purpose of vacating the land for future condemned and
development or construction upon the same required to be
demolished by the
city or any public
entity
Subsec. (a) Moving permits, each building $250.00
Subsec. (a) Construction plan reviews, nonresidential (Not subject $20.00 per set of
to doubling) plans
Subsec. (b) Reinspections (Not subject to doubling)
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First reinspection $0.00
Second reinspection $25.00
Third reinspection $50.00
Any subsequent reinspection $100.00
Article IV. Electrical Installations
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-110. Violations Not less than $25.00
or more than
$1,000.00
Article V. Mechanical Code
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-145. Heating, air conditioning, and heat pump permit fees
Fees shall double in the event that a permit is applied for after construction has commenced
without the permission of the building inspector.
Subsec. (a) Heating permit $40.00 first 10,000
BTUs and $7.00 each
additional 10,000
BTUs or multiple
thereof
Subsec. (a) Air conditioning permit $40.00 per ton for the
first five tons and
$7.00 per ton over
five tons or multiple
thereof
Subsec. (a) Heat pump permit $40.00 first 10,000
BTUs and $7.00 for
each additional
10,000 BTUs or
multiple thereof or
$40.00 per ton for the
first five tons and
$7.00 per ton over
five tons or multiples
thereof
Article VI. Plumbing Code
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-185. Permit fees
Fees shall double in the event that a permit is applied for after construction has commenced
without the permission of the building inspector. The building inspector may waive the
doubling of fees in cases where the building permit applicant is not a professional contractor,
and the work is not being done by a professional contractor.
Subsec. (a) Enumerated
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Fixtures $35.00 first five
fixtures and $3.00 for
each additional
fixture
Garbage disposal and hot water heaters A minimum fee of
$35.00
Gas, water and sewer inspection underground $30.00 for first 150
feet and $0.75 for
each additional ten
feet or multiple
thereof
Article VII. Property Maintenance
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-226. Violations
Subsec. (a) Violations; penalties Not less than $25.00,
nor more than
$1,000.00
Article VIII. Leases
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-251. Unlawful leases
Subsec. (g) Violations; penalties
First offense $50.00
Each subsequent offense $100.00
Article IX. Lodging Houses
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-301. Generally
Subsec. (b) Expiration; fee
Annual permit fee $50.00 for the first
ten rooms and $5.00
for each additional
room.
Annual dormitory permit fee $50.00 for the first
ten rooms and $2.50
for each room
thereafter.
Subsec. (c) Failure to pay on due date A penalty fee in the
amount of ten percent
per month of the
amount of the license
fee until the same is
paid.
Subsec. (d) Reinstatement fee $100.00
Article X. Rental Dwellings
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Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-332. Inspection required
Subsec. (b) Reinspection fee (Not subject to doubling)
First follow-up inspection $0.00
Each subsequent reinspection, per inspection $50.00
If the permit fee is not paid on the date due, the permittee shall incur a penalty fee of ten
percent per month of the amount of the license fee until the same is paid.
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-351. Generally
Subsec. (a) Single-family dwellings, annual permit
Single-family detached dwelling, each dwelling $100.00
Single-family attached dwelling, each dwelling $80.00
Subsec. (b) Multiple-family dwellings, annual permit
Multiple dwellings consisting of three or less dwelling units $100.00
Multiple dwellings consisting of four or more dwelling units:
For the first three dwelling units $100.00
For each additional dwelling unit in excess of three $35.00
Condominium units and accessory apartments located within $35.00
structures principally used for owner occupancy, each
Subsec. (c) Late payment penalty A penalty fee in the
amount of ten percent
per month of the
amount of the license
fee until the same is
paid.
Subsec. (d) Reinstatement fee $100.00
Sec. 22-360. Enforcement, Fees and Penalties, Reporting
Subsec. (a) Short term rental license $100.00 annually,
prorated for partial
year
Subsec. (b) Failure to register and obtain a license $100.00 (not
prorated) in addition
to license
Subsec. (c) Penalties for violations $100.00 per offense
Article XI. Dangerous Buildings
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-386. Violations; penalties for disregarding notices or orders
Subsec. (a) Violations by owner, each offense, minimum $100.00
Subsec. (b) Violations by occupant or lessee, each offense, $100.00
minimum
Subsec. (c) Removal of notice, each offense, not to exceed $100.00
Article XII. Vacant Buildings
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 32
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-403. Registration and registration fees
Subsec. (a)(2)b.(ii). Registration fee
Residential buildings and non-residential buildings <10,000 SF:
Buildings vacant one year or less $375.00
Buildings vacant for more than one year but less than two years $750.00
Buildings vacant for more than two years but less than three $1,500.00
years
Buildings vacant for more than three years but less than five $3,000.00
years
Buildings vacant for five years or longer $5,000.00
BE IF FURTHER ORDAINED:
That Chapter 46 – Fire Prevention and Protection, Article I, In General, Section 46-1 Means of
egress be amended by inserting the text indicated in bold, blue font and deleting the text
indicated in red strikeout as follows:
CHAPTER 46 FIRE PREVENTION AND PROTECTION
ARTICLE I – IN GENERAL
Section 46-1 Means of Egress
(c) Penalties. If any exit access, exit, or exit discharge, with the exception of a locked
exit door, if found to be in violation of this section, a summons shall be issued as
provided for in Appendix F – Fees and Fines. Any required exit door found to be
locked against egress shall be in violation of this section and a summons shall be issued
for each locked exit as provided for in Appendix F – Fees and Fines. Unpaid fees and
fines are to be placed on the municipal lien docket by the city against the property on
which the violation occurred.
ARTICLE V – FIRE LANES
Section 46-202 Violations
(c) Failure to mark. Property owners of existing buildings who do not have their fire
lanes marked within 45 days of being notified by the fire marshal, shall be in violation
of this article. Any property owner found to be in violation of [this sub]section 46-
202(d) shall be issued a summons as provided for in Appendix F – Fees and Fines.
Unpaid fees and fines are to be placed on the municipal lien docket by the city against
the property on which the violation occurred.
That Appendix F Fees and Fines, Chapter 46 Fire Prevention and Protection Regulations be
amended by inserting the text indicated in bold, blue font and deleting the text indicated in red
strikeout as follows:
APPENDIX F – FEES AND FINES
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Chapter 46. Fire Prevention and Protection
Chapter 46. Fire Prevention and Protection Fees and Fines
Article I. In General
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 46-1. Means of egress
Subsec. (f) Penalties
Any exit access, exit, or exit discharge, with the exception of a $100.00 first offense
locked exit door, found to be in violation of this section $200.00 second or
subsequent offense
Any required exit door found to be locked against egress $100.00 each locked
exit first offense,
$200.00 subsequent
offense
Sec. 46-3. Impairment of fire protection equipment
Subsec. (f) Fines $100.00 per device,
first offense; $200.00
per device, second
and subsequent
offenses
Sec. 46-7. Preventable and malfunctioning alarms to the fire
company
Subsec. (a)(1) Responsibility for malfunctioning and preventable Should the person
alarms, owner response, and corrective action; generally notified fail to appear
at said premises
within 30 minutes
after being notified to
do so, the city may
charge the owner of
the premises a fine of
$100.00
Subsec. (a)(2) Responsibility for malfunctioning and preventable Failure to return
alarms, owner response, and corrective action; malfunction documentation of
service/repair within
the period of time
stated on the notice
of violation, which is
satisfactory to the fire
marshal, will result in
assessment against
the owner of a fine of
$100.00 for the fire
alarm malfunction
Subsec. (b)(1) Fine charges; multiple fire alarm malfunctions or
preventable alarms; amount of fine
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 34
Number of preventable or malfunctioning fire alarms Fine per preventable
or malfunctioning
fire alarm
Third alarm $100.00
Fourth alarm $200.00
Fifth alarm $250.00
All over fifth alarm, each alarm $250.00
Subsec. (b)(2) Fine charges; multiple fire alarm malfunctions or A $50.00 fine may be
preventable alarms; panel reset assessed to the owner
of a premises where
the fire alarm has
been reset before the
fire department or
assisting fire
department arrives.
$100.00 for second
and subsequent
offenses
Sec. 46-8. Maintaining a known violation or hazard
Subsec. (c)(1) Penalties; Any fines issued for violation of this Not less than $25.00,
section nor more than
$1,000.00
Article II. Fire Department
Sec. 46-44 Failure to answer alarms, orders and perform duties Fine of not less than
orderly; Penalties $25.00, nor more
than $1,000.00 or by
suspension from the
fire department or
both
Article III. Fire Codes
Fees established in subsection (b) of this section shall be doubled in the event that a permit is
applied for after construction has commenced without the permission of the fire marshal. The
fire marshal shall waive the doubling of fees in cases where the permit applicant is not a
professional contractor and the work is not being done by a professional contractor.
Sec. 46-126. Fire prevention permit
Subsec. (b) Fee; each applicant $25.00 for each
$1,000.00 of costs or
multiple thereof of
the fire protection
system; provided that
a minimum fee for
each permit shall be
$150.00
Subsec. (c) Reinspection
First reinspection No charge
Second reinspection $100.00
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 35
Third reinspection $200.00
Any subsequent reinspection $250.00
Subsec. (d) Fire signaling system inspection fee
Certificate of inspection $25.00 each fire
alarm system
Exception: Apartment or other multifamily dwelling—Five or $25.00 each fire
less buildings per complex alarm system
Exception: Apartment or other multifamily dwelling—More than $15.00 each fire
five buildings per complex alarm system up to a
maximum of 20
buildings. Maximum
fee per complex not
to exceed $300.00 for
fire alarm systems
Subsec. (e) Fire suppression system inspection fee
Certificate of inspection $25.00 each fire
suppression system
Exception: Apartment or other multifamily dwelling—Five or $25.00 each fire
less buildings per complex suppression system
Exception: Apartment or other multifamily dwelling—More than $15.00 each fire
five buildings per complex suppression system
up to a maximum of
20 buildings.
Maximum fee per
complex not to
exceed $300.00 for
fire suppression
systems
Sec. 46-127 Smoke detection devices
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Subsec. (g) Violations; penalties Revocation of any
existing license to do
business in the city,
or a fine of not more
than $150.00 per
violation, or both
such penalties
Article IV. Public Occupancies
Sec. 46-164. Fees
Assembly No charge for an
occupant load less
than 75; $100.00 for
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an occupant load of
75 or greater
Assembly—Fixed Seating $100.00 for first 200
seats and $10.00 each
additional 50 seats
Educational $100.00
Day Care $50.00 for Day Cares
as defined by
Appendix B -
Zoning, Article 5,
Sections 14.22, 14.23
and 22.1; $100.00 for
other day cares
Health Care $100.00 first 25
rooms and $5.00 for
each additional room
Ambulatory Health Care $100.00
Residential $100.00 per building
Residential Board and Care $100.00
Mercantile over 10,000 sq. ft. $100.00
Business over 10,000 sq. ft. $100.00
Industrial $100.00
Storage over 10,000 sq. ft. $100.00
Assembly special provisions 1 $25.00
Assembly special provisions 2 $100.00
Sec. 46-168. Reinspection fee
Subsec. (a) Amount $25.00 for any
repeated violation
cited by the fire
marshal, determined
to be a violation and
which requires a
follow up inspection
to confirm the
correction of the
violation
Subsec. (b) Fee attached A fee may be
attached to any
summons written for
any violation found
to be uncorrected
upon reinspection
Article V. Fire Lanes
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
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Sec. 46-202. Violations; penalties
Subsec. (c) Other obstructions Any property owner
or tenant found to be
in violation; $50.00
Subsec. (d) Failure to mark Any property owner
found to be in
violation; $50.00
Sec. 46-205. Responsibility of owner or tenant Any property owner
found to be in
violation; $50.00
ADOPTED: November 28, 2022
FINAL READING - PROPOSED ORDINANCE #2022-14
The First Reading of the Proposed Ordinance was accomplished during the Council Meeting on
November 14, 2022. Council President Sudler reminded members of the public that copies of the
proposed ordinance were available at the entrance of the Council Chambers or on the City’s
website at www.cityofdover.com under “Government.”
Mr. Hare moved that the Final Reading of the proposed ordinance be acknowledged by title
only, seconded by Mr. Rocha, and unanimously carried. (The First Reading of the proposed
ordinance was accomplished during the Council Meeting of November 14, 2022.)
By motion of Mr. Neil, seconded by Ms. Arndt, Council, by a unanimous roll call vote,
adopted Ordinance #2022-14, as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 22- Buildings and Building Regulations, Article X.- Rental Dwellings, be amended
to read as follows:
DIVISION 1. GENERALLY
Sec. 22-331. Purpose; applicability; definitions; compliance.
(a) Purpose. The purpose and intent of this article is to ensure public health, safety, and
welfare insofar as they are affected by the continued occupancy and maintenance of
dwellings operated for lease to the public. The health, safety, and welfare of the
occupants of the dwellings are of the utmost importance to the city, as is the general
community character in which these dwelling units are located.
(b) Applicability. The provisions of this article shall apply to all matters affecting or relating
to rental dwellings. Where, in this article, different sections of this Code may specify
different requirements, the most restrictive shall govern.
(c) Definitions. The following words, terms, and phrases, when used in this article, shall
have the meanings ascribed to them in this subsection, except where the context clearly
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indicates a different meaning:
(1) Criminal activity is defined as any crime classified by applicable law as a (a)
felony, (b) Class A misdemeanor, or (c) any of the following offenses: any
drug offense defined by Title 16 of the Delaware Code, and the following
misdemeanors in addition to any Class A misdemeanor, as defined by Title 11
of the Delaware Code: § 601—Offensive touching, § 602—Menacing, § 628—
Vehicular assault 3, § 763—Sexual harassment, § 764—Indecent exposure, §
811—Criminal mischief, § 812—Graffiti, § 820—Trespassing, § 821/2/3—
Criminal trespassing, § 1105—Crime against a vulnerable adult, § 1106—
Unlawfully dealing with a child, § 1301—Disorderly conduct, § 1313—
Malicious interference with emergency communications, § 1315—Public
intoxication, § 1321—Loitering, § 1322—Criminal nuisance, § 1323—
Obstructing of public passage, § 1341—Lewdness, § 1342—Prostitution, §
1343—Patronizing a prostitute, § 1445—Unlawfully dealing with a dangerous
weapon, § 1446—Unlawfully dealing with a switchblade knife.
(2) Dwelling unit means a single unit providing complete independent living
facilities for one or more persons, including permanent provisions for living,
sleeping, eating, cooking, and sanitation.
(3) Liability insurance refers to an insurance product that provides an insured
party with protection against claims resulting from injuries and damage to
other people or property. Liability insurance policies cover any legal costs
and payouts an insured party is responsible for if they are found legally
liable.
(4) Multiple-family dwellings means dwelling units operated as a group and
located in the same building. This shall include apartments, rooming houses,
condominium dwelling units, and accessory apartments located within
structures principally used for owner occupancy.
(5) Property insurance means financial reimbursement to the owner or renter of
a structure and its contents in case there is damage or theft—and to a person
other than the owner or renter if that person is injured on the property.
(6) Rental dwelling means a dwelling unit that is leased for occupancy to a
person or persons in exchange for monetary payment or provision of goods
or services to the owner of the dwelling unit.
(7) Single-family dwellings means dwelling units operated singly and separated
from other units. In general, this definition shall apply to single-family
detached dwellings; mobile homes and manufactured homes; and attached
units, including duplexes and townhouses.
(d) Compliance required. No person shall operate, occupy or let to another for occupancy
any dwelling which is not in compliance with the International Property Maintenance
Code adopted in section 22-221 and all other applicable codes.
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CITY COUNCIL MEETING OF NOVEMBER 28, 2022 PAGE 39
(Code 1981, § 10-86; Ord. of 4-10-2000; Ord. No. 2013-04, 4-8-2013; Ord. No. 2016-16 , 8-8-
2016)
Sec. 22-332. - Inspection required.
(a) The Code Enforcement office, in accordance with the procedures set forth in the
International Property Maintenance Code adopted in section 22-221, shall inspect
rental dwellings for compliance with the property maintenance code and all other
applicable codes to ensure compliance.
(b) An inspection is required prior to the issuance of any new rental dwelling permit.
(c) Following an inspection, the code enforcement office shall issue a letter and/or report
of any code violations and provide a timeline for compliance. There shall be no fee for
the first followup inspection. Each subsequent reinspection shall be subject to a fee as
provided for in Appendix F—Fees and Fines.
(Code 1981, § 10-87; Ord. of 4-10-2000; Ord. of 4-14-2008; Ord. No. 2009-26, 12-14-2009;
Ord. No. 2013-04, 4-8-2013)
Sec. 22-333. - Agent required.
(a) Property manager. Any owner of a rental dwelling, residing outside of the county,
shall be required to have a licensed property manager residing or having an office
located in the county. The property manager shall have charge, care, and control of the
rental dwelling, and shall provide access to the rental dwelling for inspection, upon
request by the code official, within a reasonable time.
(b) Corporate or partnership owners. Any corporation or partnership owning a rental
dwelling shall have a designated member, partner, or employee having charge, care,
and control of the rental dwelling. The designated member, partner, or employee shall
reside in or have an office located in the county. The property manager shall have
charge, care, and control of the rental dwelling, and shall provide access to the rental
dwelling for inspection, upon request by code official, within a reasonable time.
(Code 1981, § 10-88; Ord. of 4-10-2000; Ord. of 12-11-2000; Ord. of 4-14-2008; Ord. No. 2013-
04, 4-8-2013)
Sec. 22-334 Insurance required
Any owner of a rental property shall have property insurance in sufficient amount to replace the
estimated value of the improvements on the property and provide protection for claims against the
property.
Proof of insurance coverage shall be provided upon application for a rental permit and upon each
annual renewal thereafter.
Secs. 22-335—22-350. Reserved.
DIVISION 2. - PERMIT
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Sec. 22-351. - Generally.
(a) Single-family dwellings. It shall be unlawful for any person to operate any single-family
rental dwelling without obtaining a permit from the licensing division of the department
of planning and inspections to determine compliance with the appropriate provisions of
this article. The permit shall expire annually on January 31. The fee for the annual permit
shall be as provided for in Appendix F—Fees and Fines. The permit fee for rental
dwelling permits issued after January 31st will be prorated from the date the permit is
issued until the next January 31st.
(b) Multiple-family dwellings. It shall be unlawful for any person to operate any multiple
dwelling without first obtaining an annual permit therefor from the licensing division of
the department of planning and inspections to determine compliance with the
appropriate provisions of this article. The permit shall expire annually on January 31,
and the fee for the annual permit shall be as provided for in Appendix F—Fees and
Fines. The permit fee for rental dwelling permits issued after January 31st will be
prorated from the date the permit is issued until the next January 31st.
(c) Late payment penalty. In the event that the permit fee set forth herein is not paid on the
date due, then the permittee shall incur a penalty fee as provided for in Appendix F—
Fees and Fines until the same is paid.
(d) Reinstatement fee. An owner whose permit has been suspended in accordance
with section 22-352 shall pay a reinstatement fee as provided for in Appendix F—Fees
and Fines.
(e) Lien. In the event that the property owner fails to pay said fees within 30 days from the
date a notice thereof is mailed to the owner, then such fees shall be entered in the
municipal lien docket as a lien owing the city; and the same may be turned over to the
city solicitor for collection.
(f) Utilities. The owner or occupant of any rental unit shall not be entitled to receive any
new city utilities until the permit fee required in this section is paid in full and city
personnel shall refuse to provide sewage, water and electricity to the property until
satisfactory proof is furnished that such permit fee has been paid.
(Code 1981, § 10-96; Ord. of 4-10-2000; Ord. No. 2009-09, 6-22-2009; Ord. No. 2013-04, 4-8-
2013)
Sec. 22-352. - Suspension.
(a) Grounds; duration. The building inspector shall suspend the permit issued or withhold
the permit paid for, pursuant to this division, when:
(1) The building inspector determines that any dwelling or the premises
surrounding the dwelling fails to meet the requirements of this chapter.
Suspension shall last until the violations have been corrected to the satisfaction of the
building inspector, or the suspension shall have been reversed.
(b) Notice of violations. Upon suspending any permit under this section or withholding the
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permit paid for, the building inspector shall notify the owner of the violations of the
applicable code and shall prescribe a period in which the violation shall be corrected.
(d) Appeal. Any owner or operator of any dwelling, whose permit to operate the structure
is suspended by the building inspector pursuant to the procedures of this section, shall
have the right to appeal and notice as provided in section 22-225.
(e) Effect of appeal. Upon suspension of a permit or withholding of a permit ordered by the
building inspector and upon the permittee serving the city clerk with a notice of appeal
pursuant to section 22-225, the permit suspension shall be stayed and an existing permit
shall remain in force until the appeal is decided.
(Code 1981, § 10-97; Ord. of 4-10-2000; Ord. No. 2009-26, 12-14-2009; Ord. No. 2013-04,
4-8-2013)
Secs. 22-353—22-355. - Reserved.
DIVISION 3. - SHORT TERM RENTAL USE [5]
Footnotes:
--- (5) ---
Editor's note— Ord. No. , adopted January 11, 2021, renumbered div. 3 as div. 4.
Sec. 22-356. - Purpose; applicability; definitions; compliance.
(a) Purpose. The City of Dover wishes to permit the limited and temporary rental use of one
family dwellings (residences) in established areas of the city as an economic asset,
allowing for increased travel, visitation, and tourism and affording property owners of the
opportunity to earn revenue from such occupancy, while ensuring that such uses do not
become a nuisance, that neighborhood character is not compromised, and that such
businesses are properly operated and maintained. The purpose of this division shall be to
minimize public safety risks and public nuisances, such as noise, trash, and parking
problems; to ensure that traditional neighborhoods are not turned into tourist areas to the
detriment of long-term residents, and to ensure that individual dwellings are not turned
into pseudo hotels or party houses.
(b) Applicability. A short term rental use (STRU) shall be allowed in any one family dwelling
as defined in Appendix B—Zoning, Article 12—Definitions of the zoning ordinance
wherever such are allowed by right and do not require a variance or conditional use
approval.
(b) Definitions. The following words, terms, and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Good neighbor brochure means a document provided by the owner to the guest or guests
and containing: the name and telephone number for the owner; notification on standards
of behavior and occupancy relating to parking, noise, trash collection, waste disposal,
street maintenance, snow removal, and public safety services and including contact and
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web access information; and such other information as the city may from time to time
prescribe.
Guest or guests means the individual or individuals securing the short term rental use for
the purposes of staying overnight.
Owner means the person or persons holding legal or equitable title to the property being
offered as a short term rental use.
Short term rental use (STRU) means rental of all or a part of a residential one family
dwelling unit which is made available by agreement for a residential occupancy by a
tenant in exchange for compensation for a duration of a temporary occupancy of less than
30 days. Rentals of 30 days or more shall comply with the provisions of divisions 1 and 2
of this chapter. Lodging houses as defined in article IX, section 22-281 is not included as
short term rental uses under this division.
(d) Compliance. No person shall operate, offer for occupancy or let to another for occupancy
as a short term rental use any dwelling which is not in compliance with this article or any
other applicable codes.
(Ord. No. 2020-05, 1-11-2021)
Sec. 22-357. - Registration and inspection requirements; inspection required for life safety
and building purposes; short-term rental use license required.
(a) The owner of any dwelling proposed for a short term rental use must obtain an annual
short term rental use license.
(b) An inspection by the city code enforcement office shall be required to determine
compliance with property maintenance and all other applicable codes. Any items in non-
compliance shall be remedied before a license is granted. The inspection shall be required
the first time a license is issued and may be required at renewal at the discretion of the
code enforcement office. The rental license must be kept current during anytime the
dwelling is offered as a short term rental
(c) The license shall be valid for up to one year and must be renewed no later than January
31 of each year of continued operation.
(d) The short term rental use license must be clearly displayed inside the dwelling along with
any state licenses or permits.
(e) The short term rental use license may not be transferred to any party except heirs and
assigns and shall be void upon transfer of ownership of the property where the short term
rental use is located.
(Ord. No. 2020-05 , 1-11-2021)
Sec. 22-358. - Owner obligations.
An owner of a dwelling seeking to use a property as a short term rental use shall comply with the
following obligations:
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(1) The owner of the property being offered as a short term rental use must be a resident of
the city. Determination of residency shall be based on meeting city voting residency
eligibility. Such owner may offer for short term rental use only that property which is the
owner's primary residence.
(2) A property not owned by a resident of the city shall not be used as a short term rental
use. Such property shall not be used for overnight accommodations unless such property
qualifies as a bed and breakfast inn pursuant to Dover Code, Appendix B—
Zoning, Article 3—District Regulations.
(3) A good neighbor brochure must be provided in the dwelling listing city provisions as
required.
(Ord. No. 2020-05 , 1-11-2021)
Sec. 22-359. - Limitations on occupancy and use.
(a) The number of guests 12 years and older permitted at any time shall not exceed twice
the number of bedrooms (i.e. three bedrooms × two = six occupants), with a maximum
of 12 individual occupants of all ages at any one time regardless of the number of
bedrooms available.
(b) No more than one extra vehicle per bedroom shall be allowed, not to exceed six extra in
total; all parking shall comply with all requirements relating to street maintenance, fire
access, parking on paved surfaces, trash collection, obstacles to travel, or other
requirements. Violations shall be ticketed offenses.
(c) Signage identifying the short term rental use, if desired, shall be limited to one sign,
mounted on the dwelling, not illuminated, and not to exceed one square feet in size
overall. A sign permit must be obtained for any desired sign.
(d) Access to a full bath must be provided.
(e) Guests shall be prohibited from further subletting the dwelling.
(f) Weddings, graduation parties, corporate events, commercial functions, large gatherings,
or other special events associated with the STRU shall be prohibited unless a city special
event permit shall have been granted for a specific activity and date.
(g) The owner has the responsibility to not knowingly allow any illegal or criminal activity
on the property nor permit the guests to create a public nuisance including, but not
limited to, creating noise, causing odors, permitting an unsafe condition, maintaining a
disorderly premise, generation of trash, or other behavior which unreasonably disturbs
the peace, safety and general welfare of the neighborhood as provided in this chapter
and pursuant to Chapter 70—Offenses and Miscellaneous Provisions, Section 70-8—
Disorderly Premises and Chapter 42—Environment, Section 42-2—Noise of the Dover
Code of Ordinances.
(Ord. No. 2020-05 , 1-11-2021)
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Sec. 22-360. - Enforcement, fees and penalties, reporting.
(a) Short term rental license. Payment of a short term rental use license fee as set forth in
Appendix F—Fees and Fines is required annually beginning January 31 of each year;
the fee will be prorated for a partial year.
(b) Failure to register and obtain a license. Penalties fines for failure to register and obtain
a license shall be as set forth in Appendix F—Fees and Fines.
(c) Penalties for violations. Penalties for violations of Division 3, Short Term Rental Use,
shall be as set forth in Appendix F—Fees and Fines.
(d) A dwelling cited three times by the Code official or by any city department as a
nuisance or the location of illegal or criminal activity within any consecutive 12-month
period shall have its short term rental use license suspended for not less than the rest of
the license year or a longer period up to permanently.
(e) The owner shall voluntarily report to the city annually documenting the occupancy and
frequency of rentals obtained, such report to be completed by January 31 of the
following year as part of the license renewal and for the purposes of building a database
of STRU activity and economic impact, not for enforcement or tax purposes.
(Ord. No. 2020-05 , 1-11-2021)
Sec. 22-361. - Enforcement, notice and appeals.
Enforcement of violations of this division shall be as set forth in Chapter 22—Buildings and
Building Regulations, Chapter 42—Environment, and Chapter 70—Offenses and Miscellaneous
Provisions of the Code of Ordinances.
(Ord. No. 2020-05 , 1-11-2021)
Secs. 22-362—22-380. - Reserved.
(Ord. No. 2013-04, 4-8-2013)
BE IT FURTHER ORDAINED:
That Appendix F Fees and Fines, Chapter 22 Buildings and Building Regulations be amended by
inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as
follows:
APPENDIX F – FEES AND FINES
Chapter 22. Buildings and Building Regulations
Chapter 22. Buildings and Building Regulations Fees and Fines
Article III. Building Code
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-61. Adopted (International Building Code)
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Sec. 105.5.1. Expiration; Additional 180-day extensions may be $25.00 per 180-day
granted with payment of a renewal fee extension
Sec. 113.4. Violation penalties; Each day that a violation continues Fine of not less than
shall be deemed a separate offense $100.00 or more
than $10,000.00
Sec. 114.3. Unlawful continuance
First offense $100.00
Second offense $250.00
Third offense $500.00
Fourth and subsequent offenses No less than
$1,000.00 and no
more than
$10,000.00
Sec. 22-65. Permit fees
Fees shall double in the event that a permit is applied for after construction has
commenced without the permission of the building inspector. The building inspector may
waive the doubling of fees in cases where the building permit applicant is not a professional
contractor, and the work is not being done by a professional contractor.
Subsec. (a) Building permits $25.00 for first
$1,000.00 of costs
and $8.00 for each
additional $1,000.00
of costs or multiples
thereof up to
$10,000,000.00 of
costs, $6.00 for each
additional $1,000.00
of costs or multiple
thereof up to
$20,000,000.00, and
$5.00 for each
additional $1,000.00
of costs or multiple
thereof above
$20,000,000.00
Subsec. (a) Fence permits $25.00 for first
$1,000.00 of costs
and $8.00 for each
additional $1,000.00
of costs or multiple
thereof
Subsec. (a) Sign permits $0.75 per square foot
of sign area;
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minimum fee for
each permit $50.00
Subsec. (a) Swimming pool permits $25.00 for first
$1,000.00 of costs
and $8.00 for each
additional $1,000.00
of costs or multiple
thereof
Subsec. (a) Demolition permits, any building which is being $50.00; $0.00 if
demolished for the purpose of vacating the land for future condemned and
development or construction upon the same required to be
demolished by the
city or any public
entity
Subsec. (a) Moving permits, each building $250.00
Subsec. (a) Construction plan reviews, nonresidential (Not subject $20.00 per set of
to doubling) plans
Subsec. (b) Reinspections (Not subject to doubling)
First reinspection $0.00
Second reinspection $25.00
Third reinspection $50.00
Any subsequent reinspection $100.00
Article IV. Electrical Installations
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-110. Violations Not less than $25.00
or more than
$1,000.00
Article V. Mechanical Code
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-145. Heating, air conditioning, and heat pump permit fees
Fees shall double in the event that a permit is applied for after construction has
commenced without the permission of the building inspector.
Subsec. (a) Heating permit $40.00 first 10,000
BTUs and $7.00 each
additional 10,000
BTUs or multiple
thereof
Subsec. (a) Air conditioning permit $40.00 per ton for
the first five tons and
$7.00 per ton over
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five tons or multiple
thereof
Subsec. (a) Heat pump permit $40.00 first 10,000
BTUs and $7.00 for
each additional
10,000 BTUs or
multiple thereof or
$40.00 per ton for
the first five tons and
$7.00 per ton over
five tons or multiples
thereof
Article VI. Plumbing Code
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-185. Permit fees
Fees shall double in the event that a permit is applied for after construction has
commenced without the permission of the building inspector. The building inspector may
waive the doubling of fees in cases where the building permit applicant is not a professional
contractor, and the work is not being done by a professional contractor.
Subsec. (a) Enumerated
Fixtures $35.00 first five
fixtures and $3.00 for
each additional
fixture
Garbage disposal and hot water heaters A minimum fee of
$35.00
Gas, water and sewer inspection underground $30.00 for first 150
feet and $0.75 for
each additional ten
feet or multiple
thereof
Article VIII. Leases
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
(1) Lien. Any fines or fees imposed that remain unpaid shall:
(a) Be added to the tax duplicate for the tax year said citation was issued by the city
and invoiced as part of the annual property tax bill for said property and collected as part
of the city property tax collection process, and
(b) Be placed by the city as specified in the municipal lien docket as a lien against
the property on which the violation occurred.
Sec. 22-251. Unlawful leases
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Subsec. (g) Violations; penalties
First offense $100.00
Each subsequent offense Not less than
$100.00 or more than
$1,000.00
Article IX. Lodging Houses
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
(1) Lien. Any fines or fees imposed that remain unpaid shall:
(a) Be added to the tax duplicate for the tax year said citation was issued by the city
and invoiced as part of the annual property tax bill for said property and collected as part
of the city property tax collection process, and
(b) Be placed by the city as specified in the municipal lien docket as a lien against
the property on which the violation occurred.
Sec. 22-301. Generally
Subsec. (b) Expiration; fee
Annual permit fee $100.00 for the first
ten rooms and
$10.00 for each
additional room.
Annual dormitory permit fee $100.00 for the first
ten rooms and
$10.00 for each room
thereafter.
Subsec. (c) Failure to pay on due date A penalty fee in the
amount of ten
percent per month of
the amount of the
license fee until the
same is paid.
Subsec. (d) Reinstatement fee $100.00
Article X. Rental Dwellings
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-332. Inspection required
Subsec. (b) Reinspection fee (Not subject to doubling)
First follow-up inspection $0.00
Each subsequent reinspection, per inspection $100.00
If the permit fee is not paid on the date due, the permittee shall incur a penalty fee of ten
percent per month of the amount of the license fee until the same is paid.
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
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Sec. 22-334 Insurance Required
Subsec. (c) Violations; penalties Not less than $25.00,
nor more than
$1,000.00
Sec. 22-351. Generally
Subsec. (a) Single-family dwellings, annual permit
Single-family detached dwelling, each dwelling $200.00
Single-family attached dwelling, each dwelling $200.00
Subsec. (b) Multiple-family dwellings, annual permit
Multiple dwellings consisting of three or less dwelling units $200.00
Multiple dwellings consisting of four or more dwelling units:
For the first three dwelling units $200.00
For each additional dwelling unit in excess of three $50.00
Condominium units and accessory apartments located within $75.00
structures principally used for owner occupancy, each
Subsec. (c) Late payment penalty A penalty fee in the
amount of ten
percent per month of
the amount of the
license fee until the
same is paid.
Subsec. (d) Reinstatement fee $100.00
Sec. 22-360. Enforcement, Fees and Penalties, Reporting
Subsec. (a) Short term rental license $200.00 annually,
prorated for partial
year
Subsec. (b) Failure to register and obtain a license Not less than $100.00
or more than
$1,000.00 (not
prorated) in addition
to license
Subsec. (c) Penalties for violations Not less than
$100.00 or more
than
$1,000.00 per
offense
Article XI. Dangerous Buildings
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-386. Violations; penalties for disregarding notices or orders
Subsec. (a) Violations by owner, each offense, minimum $100.00
Subsec. (b) Violations by occupant or lessee, each offense, $100.00
minimum
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Subsec. (c) Removal of notice, each offense, minimum $100.00
Article XII. Vacant Buildings
Fines not paid within 14 days of the day the fine was issued, including the day the fine was
issued, shall be automatically doubled in amount.
Sec. 22-403. Registration and registration fees
Subsec. (a)(2)b.(ii). Registration fee
Residential buildings and non-residential buildings <10,000 SF:
Buildings vacant one year or less $375.00
Buildings vacant for more than one year but less than two years $750.00
Buildings vacant for more than two years but less than three $1,500.00
years
Buildings vacant for more than three years but less than five $3,000.00
years
Buildings vacant for five years or longer $5,000.00
ADOPTED: NOVEMBER 28, 2022
CITY MANAGER'S ANNOUNCEMENTS
Mr. David S. Hugg, III, City Manager, thanked Council for indulging staff with all of these
Ordinances that are suddenly coming to them. Mr. Hugg explained that his team has been looking
at many of the City of Dover Ordinances, trying to make them more effective, more flexible, and
more contemporary.
MAYOR’S ANNOUNCEMENTS
Mayor Christiansen thanked and congratulated the Interdenominational Ministers Association,
Habitat for Humanity, and the Dover Police Department for feeding hungry families less fortunate
over the Thanksgiving holiday. Mayor Christiansen announced an upcoming holiday event: The
Home for the Holiday celebration along with the Christmas tree lighting will be on December 1st,
at 5:30 PM, out in front of City Hall. Mayor Christiansen stated that there is going to be a Winter
Solstice Concert on December 2nd at 7:00 PM at the Schwartz Center. Mayor Christiansen stated
that the Concert is going to be performed by Delaware State University Band and Chorus, and that
should be a great event; the community is invited to that. Mayor Christiansen noted that on
December 9th at 6:30, will be the Dashing through Downtown Dover, the Electric Light Parade.
Mayor Christiansen reminded everyone about the gift of lights at the Woodlands at Dover
International Speedway.
Mayor Christiansen led members of Council in singing Happy Birthday to Councilman Neil.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Boggerty, At-Large Councilman, congratulated the Dover High Football team for completing
the heartfelt task of making it to the championship game. They will be facing the team a little bit
up north; we are not going to even mention their name here in our council. Mr. Boggerty stated
special kudos to my son, who is coaching with Dover High, but Coach Knap and the rest of the
coaching staff as well. Congratulations. Mr. Boggerty congratulated Dover’s own Delaware State
University women's volleyball team, who appeared on ESPN in a heartfelt battle. They were the
MEAC Conference Champions. The team will be heading to the NCAA tournament to face
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Nebraska, a very tall task, but nonetheless, our own town and our own schools will be front and
center. Mr. Boggerty said congratulations to all those student-athletes in that endeavor.
Mr. Anderson, Fourth District Councilman, explained that most of the announcements have been
covered, but one that has not yet is the Winter Wonderland Delaware toy and coat giveaway, which
will be at the Dover Library on December 10th, from noon to 1:30 PM. Mr. Anderson stated that
he would like to encourage anyone who would like to participate to register by dialing 211 and
then option four. Mr. Anderson noted that residents should pre-register if they can and that there
are definitely places, that are part of the fourth district that have contributed towards that. Mr.
Anderson congratulated his colleague, Councilman Boggerty, and asked if this is his first piece of
legislation that was passed. Mr. Anderson asked if there is appropriate hazing or something that
goes with that.
Mr. Taylor, Second District Councilman, explained that he is accepting toys for Toys for Tots. Mr.
Taylor explained that if there were anyone who would like to contribute to such a fantastic
program, to please have their toys still in the packaging so that they can go forward with it at that
particular time. Mr. Taylor encourages all of their citizens to please come to the Safety Advisory
and Transportation Committee meeting tomorrow. Mr. Taylor noted that they are going to be
discussing the loitering ordinance and for residents to please come out to hear exactly what it is
and how it is to be implemented.
Mr. Rocha, First District Councilman, wished a happy birthday to his friend, Councilman Fred
Neil, and congratulated Councilman Andre Boggerty and his fiancé Carol on their upcoming
nuptials.
Council President Sudler wished everyone Happy Holidays and safe travels.
Meeting adjourned at 7:21 p.m.
ANDRIA L. BENNETT
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of November 28, 2022 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/AB
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Item #5.
COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole met on November 29, 2022, at 6:00 p.m. with Council
President Sudler presiding. Members of Council present were Mr. Anderson, Mr. Boggerty, Mr.
Neil, Dr. Pillsbury, Ms. Arndt, Mr. Rocha, Mr. Taylor, and Mr. Hare. Mayor Christiansen was also
present. Civilian members present for their committee meetings were Dr. Jackson (Safety,
Advisory, and Transportation), Mr. Shelton (Utility), Mr. Shevock, and Mr. Contant (Legislative,
Finance, and Administration). Mr. Hosfelt ((Safety, Advisory, and Transportation), and Mr.
McCutcheon (Utility) were absent.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously
carried.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee met with Chairman Taylor presiding.
Adoption of Agenda
Mr. Taylor moved to defer Item #1 on the Safety, Advisory, and Transportation Committee
Agenda – Quarterly Briefing on Dover/Kent Metropolitan Planning Organization (MPO) Projects
until the January 24, 2023, Safety, Advisory, and Transportation Committee Meeting.
Mr. Neil moved to adopt the agenda as amended to defer Item #1 on the Safety, Advisory,
and Transportation Committee – Quarterly Briefing on Dover/Kent Metropolitan Planning
Organization (MPO) Projects until the January 24, 2023, Safety, Advisory, and
Transportation Committee Meeting the motion was seconded by Mr. Anderson and
unanimously carried.
Proposed Ordinance #2022-26 – Amending Chapter 70 by adding a Section 70-12, Loitering
Mr. David S. Hugg, III, City Manager, and Chief Thomas Johnson, Dover Police Department,
reviewed the background and analysis regarding Proposed Ordinance #2022-26.
Staff recommended approving the Ordinance for First Reading at the December 12, 2022, Regular
City Council Meeting.
Mr. Hare moved to accept the staff recommendation. The motion was seconded by Mr. Sudler.
Responding to Mr. Boggerty, Mr. Hugg stated he believed the City Solicitor had reviewed the
Ordinance.
Responding to Mr. Boggerty, Mr. Hugg stated that the nuisance ordinance and the loitering
ordinance are companion ordinances. The nuisance ordinance covers how people take care of their
property and how they interfere with other people’s use of their property. The loitering ordinance
addresses how an individual acts or behaves on public or private property.
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Responding to Mr. Boggerty, Chief Johnson stated that the language of high crime area is found
in the state statute as one of the elements for an officer to consider when he or she is doing a
loitering investigation. That high crime area has no connection to any specific geography in any
municipality. Almost all decisions are data-driven, that’s why there are crime analysts and reports
that get pushed out. So, the officers understand where the violent crime is, and where the quality
of life is, they have a truer understanding of those “high crime zones” and they are in a state of
flux. Chief Johnson continued to state that wherever the recent and compelling data might live,
this language allows the changes in the data landscape to not ever conflict with the law that they
are trying to enforce. The word high crime area would be viewed as whatever their current data
now would suggest.
Responding to Mr. Boggerty, Chief Johnson stated that the existing loitering language at the time
when there was no thought about repealing or relocating the language was in the parks section of
the city code. With that being the adopted loitering statute in the city, the elements of the state
loitering statutes appear to be harnessed in that first document that they all looked at 13 months
ago to try to create a companion ordinance so that the elements of the state statute could be applied
locally without state-level consequences. Chief Johnson continued to state that now that they are
doing all the refreshment relocations, looking at the language, excluding things that are either
repetitive or that they are not comfortable with. For example, the panhandling references are not
in the City’s loitering ordinance because there is a separate ordinance for panhandling, and no need
to state that twice. Chief Johnson noted that what remains are the elements of the state statute,
which has all the comfort of being court-tested and effectively used all over Delaware, except now
they have it in a local offense that is simply a ticket and something that can be addressed at a minor
level if the overall situation would warrant that.
Responding to Mr. Rocha, Chief Johnson stated that the language he referred to does not
necessarily have to be in there. The language was modeled after the state ordinance. Chief Johnson
continued to state that they reflected very closely on what the state did, and in the discussions with
staff, they got the sense that council was comfortable with the idea that previously court-tested
language would be desirable and not go too far outside of that.
Mr. Neil stated this is the most difficult thing that council and the Police Department have to deal
with every single day. Council is creating a law that came from the cries of businesses who threaten
to leave, whose businesses and equity of their businesses are dying and threatening the heart of the
downtown area. Mr. Neil stated that council is in the process of developing a Master Plan,
hopefully, early next month they will get the first look at that, and what it is going to be. At the
same time, he recognizes the points that Councilman Rocha has brought up. It is a constitutional
problem of abuse of a law that would damage the individual and the constitutional rights of that
individual. Two of the members of council took the brunt of that by saying “We are going to try
to save downtown, the downtown businesses because these people are being hurt financially and
they could go out of business, which hurts the city financially and hurts what we are trying to do
with the downtown.” The compromises that have been developed, have been developed using a
lot of the state language to make sure that they are not abusing it. The second thing is that council
and the Chief must make sure that the officers do not abuse it. It is not set up for that and council
has been through that. Mr. Neil supports this because he thinks it is necessary to tell people who
want to do business in this city and downtown that they are there to protect them. Otherwise, you
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are saying “Look, let the rebel decide what the future is going to be.” That is not what government
is about. Council is there to protect people, and individuals, so that they will come down and feel
comfortable at events and even in the evening, when we have things that are happening and stores
are open. Mr. Neil stated that is their job to see if they can make that happen. Two members of this
council have worked very diligently to make it happen. Mr. Neil salutes them, will support this,
and will vote for this ordinance.
Responding to Mr. Sudler, Chief Johnson stated that he thinks he speaks for both of them when he
says he did not know what dawdling was until it was before council 13 months ago. Chief Johnson
continued to state that he remembers looking up the definition of it. Dawdling had more to do with
circulating in a zone as opposed to being in a fixed position, where loitering kind of was specific
to a spot. That might be the only difference between the two words, dawdling kind of has a wider
area of roaming, but it is still a general geography as opposed to a fixed point.
Responding to Mr. Sudler, Mr. Hugg stated that he supports this language and supports this
ordinance. The Chief and he together and independently went through this ordinance, asking
themselves the question of whether they are achieving what they want to achieve. Are they treating
the people who might be affected by this ordinance fairly, not making them criminals because they
were standing on a street corner unless there is some other criminal activity going on?
Responding to Mr. Sudler, Chief Johnson stated that he is also in support of this ordinance, as this
provides an additional tool in the toolbox for his officers. This ordinance does not offer any
enforcement power or statute to take action that does not already exist in state law. He would
suggest the mindset of any officer that would be approaching a loitering situation will be to apply
the kind of discretion that he thinks the community of Dover would want them to apply, whether
they are thinking about the local ordinance at the time or the state statute.
Ms. Engle stated, On October 26, 2021, the dawdling ordinance was heard here at a Council
Committee of the Whole Meeting. Mr. Hare moved to table that ordinance, that vote was
unanimous, and it has remained tabled until this time. At the September 27th, 2022, Council
Committee of the Whole Meeting, Chief Johnson did a presentation regarding loitering. In this
presentation, he showed the state-approved court-tested language. Ms. Engle stated that she
believes that this committee recommended referring to staff to draft the Loitering Ordinance that
is before them now. That was a unanimous vote by this committee. On October 24th, there were
questions about the Nuisance Ordinance. This is in the same section of the code, Ordinance #2022-
15, Chapter 70, Offenses and Miscellaneous Provisions, Section 70-9. So, the Nuisance Ordinance
will be just before this ordinance in the city code.
Mr. Anderson stated that he believes this ordinance is a vital tool to have in their city government.
Mr. Anderson continued to state that it will help not only downtown and downtown businesses but
people all over the city. The laws exist and council could make changes if they want to. If a minor
change makes someone more comfortable, Mr. Anderson noted that he is fine with that. If council
does so, understand that the state law can not be changed by them and will exist as it is. Council
voted unanimously to draft this; it is exactly as they saw with some provisions taken out. Mr.
Anderson noted that the only word that has been added is camping in the parks is unauthorized.
This will provide a lower-level opportunity if someone has made a mistake it will not follow them.
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They will be able to enforce the law with a sense of mercy as well as justice so that people are not
hemmed up five years later with an arrest record.
Ms. Arndt stated that she was not comfortable with the Dawdling Ordinance but appreciates
Councilman Taylor and Councilman Anderson getting council started towards addressing crime
within the city. Ms. Arndt feels that something needs to be done and that they are moving in the
right direction. The Chief gave a presentation at the September Council Committee of the Whole
meeting and the fact that there would be a fine, but no time or permanent record was comforting.
Ms. Arndt is concerned with whether council has engaged the public enough to express their
concerns. Ms. Arndt thought there would be more communication with the ACLU, the Police
Chief’s Advisory Committee, and the public.
Responding to Ms. Arndt, Mr. Taylor stated that this was heard at the Police Chief’s Advisory
Committee meeting. Dr. Jackson is the Vice Chair and saw it through the committee to ensure
other people were hearing about it.
Responding to Mr. Boggerty, Chief Johnson stated, the state-level ordinance is being relied on
since it was discovered that the loitering ordinance that Dover has only covered the parks. Chief
Johnson stated that the loitering ordinance is effective. About five months ago there was a report
of an officer who went through the steps of addressing somebody loitering on New Street. The
person initially complied and left the area but within ten minutes they were right back in the same
spot. Chief Johnson explained that they got out and took the next steps because there was a
persistent situation, and a firearm was recovered. The local ordinance is being adopted in as much
harmony with the state statute and will make sure that there are no confusing moments in the
mindset of the officers that must rely on training in short circumstances.
Dr. Jackson stated this ordinance has gone through the Police Chief’s Advisory Committee. Dr.
Jackson asked if the Police Department has the capacity to be able to address the issue of increased
calls of loitering.
Responding to Dr. Jackson, Chief Johnson stated they are continuing to build capacity and that
everyone is encouraged to call. Some calls may be triaged at high call volume times but if they
want to see a police officer, they will get a prompt response. Chief Johnson is building more
capacity to do more proactive enforcement as they go. When officers become assigned to the
downtown unit those officers will rely upon this ordinance regularly to improve conditions on
Loockerman and connecting streets.
Responding to Mr. Neil, Mr. Taylor stated that he is correct, and if the city ordinance is passed it
would not leave a record for the person as where the state ordinance would.
Assistant City Clerk Engle read Attachment #1 – Letter to Dover City Council – Proposed
Ordinance #2022-26 - ACLU and Attachment #2 – Letter to Dover City Council – Proposed
Ordinance #2022-26 - Central Delaware NAACP.
Responding to Mr. Sudler, Chief Johnson stated that yes, the current ordinance will reduce the
penalties that are already in place via the state statutes.
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Mr. Sudler stated the ACLU and NAACP would need to approach the state and federal levels to
make changes to this ordinance. The City of Dover aims to reduce the penalties, not increase them.
Mayor Christiansen stated that it is very important to get a review by the City Solicitor for the
protection of the mayor and council and the action that council takes on behalf of the citizens.
Mayor Christiansen noted that moreover, to protect the police officers with an interpretation that
all the i’s are dotted, and the t’s are crossed because these folks are the ones that are going to have
to be enforcing this ordinance. It must be above reproach what is in that ordinance and what their
responsibilities are.
Council President Sudler made a motion of call for the question. The motion was seconded by Mr.
Anderson and unanimously carried.
Mr. Hare moved to approve Ordinance #2022-26 for the First Reading at the December 12,
2022, Regular City Council Meeting, recommended by staff. The motion was seconded by
Mr. Sudler and approved by an 8-2 roll call vote.
Prioritization of City of Dover State Capital Transportation Program (CTP) Projects (David S.
Hugg, III, City Manager)
Mr. Hare moved to recommend approval of the 2023 Transportation Priorities, as
recommended by staff. The motion was seconded by Mr. Neil and unanimously carried.
Mr. Taylor moved for adjournment of the Safety Advisory and Transportation Committee,
hearing no objection, the meeting adjourned at 7:15 p.m.
Meeting adjourned at 7:15 p.m.
UTILITY COMMITTEE
The Utility Committee met with Chairman Rocha presiding.
Adoption of Agenda
Ms. Arndt moved for adoption of the agenda, seconded by Mr. Taylor and unanimously
carried.
Annexation Request – Consideration of Utility Services for Lands of Craig, Keller, and Burkett:
Three parcels on West Dennys Road (AX-22-03)
Ms. Mary Ellen Gray, Director of Planning, Inspections, and Community Development reviewed
the background and analysis regarding the Annexation Request – Consideration of Utility Services
for Lands of Craig, Keller, and Burkett: Three parcels on West Dennys Road (AX-22-03).
Staff recommended research continues on the availability and ability to serve these properties with
City of Dover utility services (Electric, Water, and Sanitary Sewer). The Electric Department and
Department of Water and Wastewater have no objection to its annexation.
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Mr. Hare moved to recommend research continues on the availability and ability to serve
these properties with City of Dover utility services (Electric, Water, and Sanitary Sewer).
The Electric Department and Department of Water and Wastewater have no objection to its
annexation, as recommended by staff. The motion was seconded by Mr. Boggerty and
unanimously carried.
Annual Review and Approval of Governing Policy for Energy Commodity Risk Management
(Lori Peddicord, Controller/Treasurer)
Mr. Sudler moved to defer the Annual Review and Approval of Governing Policy for Energy
Commodity Risk Management to the December 13, 2022, meeting. The motion was
seconded by Dr. Pillsbury and unanimously carried.
Mr. Rocha moved for adjournment of the Utility Committee, hearing no objection, the
meeting adjourned at 7:20 p.m.
Meeting adjourned at 7:20 p.m.
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 Dr. Pillsbury and unanimously
carried.
Update from the Dover Organization of Employees (DOE) on Membership Priorities (Matthew
Brown, President of DOE Union)
Mr. Matthew Brown presented a verbal presentation regarding an update from the DOE Union
(Attachment #3).
Mr. Anderson thanked Mr. Brown for his high compliment to council.
Responding to Mr. Anderson, Mr. Brown stated that he does not know the exact ratio of what
percentage of the union of 150 members that are in the current pension plan versus the 401/457
plan. Mr. Brown believes it would be a great benefit to an employee to have the state pension plan
available to them.
Mr. Taylor thanked Mr. Brown for his kind words and explained council is trying to figure it all
out for all the unions. Mr. Taylor explained they do not know where all the money is going to
come from, but they are grateful for everyone hanging in there.
Approval of Grant Funded Sole Source Vendor – Flock Safety – Vehicle Identification System
Cameras (Chief Thomas Johnson, Dover Police Department)
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Chief Thomas Johnson, Dover Police Department reviewed the background and analysis regarding
the Grant Funded Sole Source Vendor – Flock Safety – Vehicle Identification System Cameras.
Staff recommended approving the Grant Funded Sole Source Vendor – Flock Safety – Vehicle
Identification System Cameras request.
Mr. Hare moved to recommend approval of Grant Funded Sole Source Vendor – Flock Safety –
Vehicle Identification System Cameras request, as recommended by staff. The motion was
seconded by Mr. Sudler.
Responding to Mr. Contant, Chief Johnson stated, the cameras would be new cameras, and as far
as the technology that is under consideration. There has been a conversation with Advantech who
is the consulting vendor, and they are going to reshape what we are doing to allow this to fit into
the overall program.
Responding to Mr. Contant, Chief Johnson stated, this will change some locations from the
standpoint of this technology will allow them to hit some of the spots where there are power
challenges and some other logistical hurdles. This technology is portable so if after installation the
desired result is not produced it can be picked up and relocated.
Mr. Hare moved to recommend approval of Grant Funded Sole Source Vendor – Flock
Safety – Vehicle Identification System Cameras request, as recommended by staff. The
motion was seconded by Mr. Sudler and unanimously carried.
Discussion Timing and Content of Financial Reports (Councilman David Anderson)
Lori Peddicord, Controller/Treasurer, discussed correspondence regarding the timing of the reports
that are appearing on the council agendas. Ms. Peddicord stated that it has never been brought to
her attention that there was a particular standard time that they were to be presented. Ms. Peddicord
noted that she is particularly talking about the monthly report and quarterly reports. Ms. Peddicord
stated that she is looking for direction on how that came about or if there is a huge concern or issue
with when they are presented.
Council President Sudler stated that he believes there is a past pattern of practice. Mr. Sudler stated
that he would refer to Madam Clerk Bennett to indicate the past pattern of practice and any
additional information for the committee to consider and review for their judgment.
City Clerk Bennett stated that monthly reports are due for the first meeting of each month for each
department. City assessors, City Council's Community Enhancement, City Manager, City Planner,
Controller, Fire Chief, and Police Chief. Ms. Bennett continued to state that quarterly reports are
due for the second meeting. Ms. Bennett explained that the Quarterly Revenue Reports as of
December 31st would be the second meeting in January and then it would go accordingly at the
end of the quarter. Ms. Bennett stated that they have recurring items on each Council Committee
of the Whole as well as Regular City Council meetings. Ms. Bennett continued to state that when
she double-checked with the former City Clerk, she told her that it had been in practice for as long
as she could remember, it was not anything new. Ms. Bennett noted that these have been expected
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at the same time each month because when they started getting pushback, that was when she
reached out to the former City Clerk to ask.
Council President Sudler stated thanked the Clerk’s Office for clarifying any of the concerns for
the Treasurer/Controller. Mr. Sudler noted that it is also within his seven years of experience that,
that has been the pattern of practice previously. Ms. Sudler stated that he does not know if council
wants to adopt a new practice. Mr. Sudler continued to state that if they do, that is why they are
bringing it forth but that has been the pattern of practice to his knowledge as well.
Responding to Mr. Anderson, City Clerk Bennett stated that he is correct and that is why this came
up. Ms. Bennett explained that two months ago, Mr. Neil brought it up that the packets are already
hundreds of pages long and that a finance report was roughly 37 pages additional. Ms. Bennett
apologized and stated that there were three months that were pushed and there was an additional
report which was roughly 30 pages and then it added over a hundred pages to council’s packet.
Mr. Hare stated that his thing is maybe a mistake or some late information was coming in, but that
this has been a policy that he has known since '91 and that it has worked for almost, what, over 30
some years that he has been aware of it. Mr. Hare continued to state that if there was a mistake or
a late report, he is sure, well, maybe, he does not know, maybe there is somebody in the room that
has never made a mistake or presented anything late.
Ms. Peddicord stated that she did send council an email about some of her concerns. Ms. Peddicord
noted that there were some reasonable practices regarding the monthly reports. Ms. Peddicord
explained that the biggest concern she has was when the quarterly report came up and she was told
that because it was not ready on the second meeting of October, it would then be presented in
January. Mr. Peddicord stated that to her then the information is no longer valuable to council. Ms.
Peddicord stated that it also kills employee morale because her team is very overworked and that
she is just trying to get the direction of how council chooses to receive their information and
whether it is timely or not.
Mr. Hare stated that his experience and knowledge of working in Ms. Peddicord’s department are
somewhat limited. Mr. Hare continued to state that he would trust her department's expertise to
give council the guidance instead of them giving Ms. Peddicord the guidance on what is the best
way to proceed with this if there is a late report or something.
Mr. Neil stated that he reads everything that is in the packet and that the packets are always a
month late. Mr. Neil continued to state that by the time they see it for the next meeting, it is a
month late. Mr. Neil explained that when he sees it three months late, in other words, he would
expect the last month would be at least current. Mr. Neil stated that he does not know what it is
that Ms. Peddicord has to do, whether it's Tyler Munis or whatever they are working on, whether
that is a problem. Mr. Neil explained that when he starts in one, then all of a sudden there is
something there that is the next month is different, then the next month is different. Mr. Neil noted
that if it is quarterly, the best way to present it is every three months but that to have it within the
month of, at least not the current month, but the last month before the meeting. Mr. Neil stated that
he would be satisfied and at least they have to know what that flow is. Mr. Neil stated just as he
has to know what is happening with the Police Department, or with the Fire Department and their
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statistics bring it up. Mr. Neil explained that if Ms. Peddicord has a problem because she does not
have enough help or something else that council does not know about it until she says so, and that
she is saying so now tonight. Mr. Neil noted that basically if she has to do it every quarter, then
present it every quarter, but on a timely quarterly basis. That the three months will be together so
they will see exactly what the flow of the cash is that they are looking at. Mr. Neil noted that every
other department is giving it to council, not that month, but from the month previous. Mr. Neil
stated that is what council is looking at, that is what they are reviewing, and that is what we need.
Mr. Neil continued to state that he does read it, he does make notes, and the Clerk’s Office knows
that he makes notes because he will let them know if he sees something that becomes important.
Mr. Neil noted that is their education and that is where they go to school.
Mr. Hare stated that he is following up on what Mr. Neil said, the one remark that every other
department sends their reports, well if Ms. Peddicord was giving council a report for just her
department, he is sure they would be right on time. Mr. Hare stated that Ms. Peddicord has to give
council a report for the whole city and if she does not get the information from all the other
departments on time, then it could be a problem. Mr. Hare stated that one or two mistakes do not
create a constant misappropriation or mismanagement and that she is very good about giving
council if nothing else, the cash flow status reports so they know where they are. Cash flow status.
Mr. Hare stated that he thinks their department does well, but as he said, it is not a report for just
their department. They have to get it from all over the city.
Mr. Anderson stated that he wants to be clear that this is not about any recrimination, it is all about
how they get the timely flow of information. Mr. Anderson thinks that she raises a valid question
that if a quarterly report is delayed, such as if they had an issue with the auditor and it delayed a
quarterly report, council needs to see it as soon as they can. Mr. Anderson stated that the question
he thinks about is, "How doescCouncil want to see that?" Does council want to have it emailed to
them and then put in the next appropriate packet? Mr. Anderson noted that he does not find it
useful to have a quarterly report and not see it for three months. Mr. Anderson explained that does
not have useful information to council anymore and that is the question that she was trying to raise,
he thinks the quarterly reports, maybe if it is delayed, having at the next available second meeting
of the month is reasonable in his opinion.
Mr. Hare stated that as Council President, he knows how imperative it is to have reports. Mr. Hare
explained that their decisions, their packet, everything is based on a coordinated effort to have the
knowledge that council needs to make the proper and educated decisions for the city. Mr. Hare
stated that he is not out to put Ms. Peddicord on the cross, however, he is here to say that they need
those reports. Mr. Hare continued to state that he concurs with Councilman Hare that he has not
fallen short and that he has oversight at times where he has missed something. Mr. Hare noted that
three months is too much for them and that it is too much for the city.
Ms. Sudler noted that he also concurs with Councilman Neil that they need the information and
that this is not a grandstanding moment. Mr. Sudler continued to state that this is a vital moment
and that Ms. Peddicord holds one of the most significant positions in the City of Dover,
Treasurer/Controller. Mr. Sudler noted that council needs to know what is in the budget tonight.
Mr. Sudler explained that they are dealing with wage salary, they are dealing with money, they are
dealing with, "When can council give some financial relief to our constituents who pay all of us?"
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Mr. Sudler noted that they work for the City of Dover and without their constituents, none of them
have a job. Mr. Sudler stated that no matter how much increase you want in your pay, without
them, there is no pay for the increase. Mr. Sudler continued to state that they need to know what
they are looking at moving forward to make sound decisions. Mr. Sudler expressed that this is not
personal, this is professional. Mr. Sudler stated that as Councilman Hare said, since what, '92 '91?
Mr. Sudler noted that Ms. Peddicord is talking about morale, yes, it does affect morale. Mr. Sudler
explained that he does agree with her a hundred percent because we have other department heads
that are in compliance and then when they see another department head that is not in compliance,
how do they justify that? Mr. Sudler explained that it was three months, not one month, not two
months, three months, and not in compliance. Mr. Sudler noted that all they are asking is for the
reports to be on time. Mr. Sudler stated that if there are variables that are unforeseen that they do
not see, let council know ahead of time but say, "Hey, I am sorry things happen. This did not occur
this month. I will catch you next month,” that is not going to work. Mr. Sudler explained the
council runs this city, not one department. Mr. Sudler stated that he is going to tell everyone
something that former Council President Slavin said to him, "Don't be hard on the person. Be hard
on the issue." The issue is they are not getting what they need to make sound and educated
decisions promptly. Mr. Sudler stated that he is not mocking you. I'm just saying, "Please, whatever
they need to do as City Council to help her comply with that time frame, let them know ahead of
time." Mr. Sudler continued to state that just saying, "Oh well this is what it is. This happened, this
happened last minute," is not going to work. Mr. Sudler noted that this is not going to work under
his administration as Council President.
Ms. Peddicord stated that she has a list of things that she has brought up several times. Ms.
Peddicord noted that she is going to run off a few of them. Ms. Peddicord explained that first, the
timing of the month-end close and the issuance of that first monthly report and the last report for
the fiscal year has never been timely within that following month. Ms. Peddicord continued to
explain that this is because at the fiscal end close, there are accruals that must be accounted for
that, if they did not report those expenses within the proper fiscal year, council’s reporting would
not be accurate. Those two months take extra time to complete.
Responding to Mr. Anderson, Ms. Peddicord stated that he is correct that June and July’s reports
are delayed because of the closeout of the fiscal year. Ms. Peddicord explained that the loading of
the data, the closeout of the year, and the collecting of information from other departments. That
is included in the report as Councilman Hare explained. Ms. Peddicord noted that they are the hub
and we collect the data from every department in the city. Ms. Peddicord stated that everyone's
financial information is not all the time accurate, timely, and/or known to the finance department.
Ms. Peddicord continued to state that to get reporting that is accurate to Council, they need time
to get it from the individuals that have it.
Ms. Peddicord stated that her point is, they are dependent on other departments in reporting the
information accurately and timely to them. Ms. Peddicord continued to state that they collect the
data and that they do not always have control over it. Ms. Peddicord noted that whether it is outside
people, or inside people, they do not have everything in front of them. They are also working
between two systems, as everyone is aware, she has explained how difficult this has been. Ms.
Peddicord stated that she has explained how time-consuming it is and how much time has taken
of every staff member of the city. Again, that is time-consuming because not only are they
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implementing a new system, they are not just dropping the information from the old system to the
new system. The processes are documented and then they have to be updated. Troubleshooting has
to occur, and some errors are reported that have to be corrected before accurate data can be
provided to council. Ms. Peddicord stated that again, it does not just flow through the system by
itself without any maneuverability and reporting of accuracy.
Ms. Peddicord stated that she has requested year, after year, more staff. Ms. Peddicord explained
that her staff is truly constraint-stricken not only because of our daily tasks but because of the
implementation. Ms. Peddicord continued to explain that though everyone is not involved as a
team member in the implementation, they are still involved in the data flow that comes from the
new system. Mr. Peddicord stated that if they look back, she is going to guarantee that there has
been no growth within her department for many, many years. Ms. Peddicord stated that she has
been with the city since 2014 and there has been no additional staff added. Ms. Peddicord stated
that there have been additional tasks assigned to her department and she thinks that she has been
told that she is doing more than one job.
City Clerk Bennett stated that another example was there was a report due in November that they
had been waiting for that now has been pushed to after the first of the year. That email came
through earlier that day.
Mr. Taylor stated that he thinks Ms. Peddicord is doing a great job. Mr. Taylor continued to state
that he thinks she is doing a fantastic job and he thinks a lot of work with minimal people. Mr.
Taylor noted that one of the things they did discuss solution-wise was the system that they are
using, the cumbersome system they discussed would allow them to bring some people in. Mr.
Taylor stated that they even talked dollar amounts about it and asked where they are on that with
them coming in assisting with some of that downloading of information, that data drop that they
are referring to. Mr. Taylor stated that yes, they did hear Ms. Peddicord and that they know that
there is a lot on her shoulders. Mr. Taylor stated that this information is imperative and is needed.
Mr. Taylor asked what else can council do to help, other than, approve whatever dollar amount
she needs. Mr. Taylor stated let us make sure they do not slip but if funds are available that she
can bring in Tyler's people or is there another solution that they could go to. Mr. Taylor noted that
they are listening and they are seeking solutions themselves. Mr. Taylor continued to note that he
does not want Ms. Peddicord to feel like she is on an island by herself and that she is being attacked.
Ms. Peddicord stated that in response to the Tyler system and the discussion they had about having
their implementation team help them is specifically phases two-related. Ms. Peddicord continued
to state that was to provide additional training and hands-on because they had had a huge turnover
in the majority of the implementation team. Additional help was needed from Tyler to get those
individuals up to speed on what their practices should be. Ms. Peddicord noted that they took
advantage of that. As an example, they have a new Human Resources director and a new Human
Resources Administrative Assistant who does all the data entry into both time and payroll systems.
One is ADP, the legacy system and the other is the Tyler system, where the time is then pulled in
and then calculates the payroll. Ms. Peddicord noted that she was not here during the original
training and the implementation and the build of that system. They needed to obtain more training
for her, more hands-on, "Come in, help her, tell her what she is doing wrong, walk through it with
her because this is all new and they are ready to GoLive.
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Ms. Arndt stated that she feels like this discussion could have been an email and that she does not
think that this is the appropriate forum for this discussion. Ms. Arndt thanked Ms. Peddicord for
sharing her constraints with council and that she appreciates that information. Mr. Arndt noted that
she does recall that she has tried to meet with council on several occasions and they have not
scheduled that meeting. Ms. Arndt stated that she believes that would have been the opportunity
to discuss these issues and for Ms. Peddicord to share with them her path moving forward.
Mr. Hare stated that he is just following up on what Councilman Arndt said. Mr. Hare stated that
he was going to make the same statement because he has discussed it with Ms. Peddicord when
she got the email and said they should hopefully get to meet when the October report was not
available for that meeting.
Responding to Mr. Hare, Ms. Peddicord stated that she was told by the Clerk’s Office that the
quarterly report would be presented in January. Ms. Peddicord stated that she does think that they
ended up putting it on the agenda. Ms. Peddicord stated that again, I think this standard reporting
of monthly reports, the first of the month quarterly reports, the second meeting of the month, at
the month after the quarter end. That's the discussion. I guess they want to clarify that.
Council President Sudler addressed Councilman Arndt and Councilman Hare. Mr. Sudler stated
that he asked for a time and date to meet with Ms. Peddicord but that she did not provide that to
the Clerk's Office. Mr. Sudler asked if there was a time and date that was provided to Council
regarding that meeting. I would refer to the director of the clerk's office.
Responding to Mr. Sudler, City Clerk Bennett stated no, sir.
Mr. Anderson stated that he does not know if there are any recommendations, but that he would
like to thank everybody for expressing their concerns and thanked them for communicating some
of the challenges that are there.
City Clerk Bennett stated that she would like direction from council and that Mr. Neil had brought
it to their attention that they were putting multiple reports in. Ms. Bennett stated that they follow
the recurring agenda items for Council and Council Committee of the Whole. Ms. Bennett stated
that they were told that it goes into the next meeting but if there are set dates and set items, they
go on the agenda. Ms. Bennett noted that just like the reports today, Mr. Anderson, the financial
reports that were being pushed till after the first of the year, she understands that. Ms. Bennett
stated that they were getting pushed back by council members for the time of the reports and that
this is how this came up over this fall. Ms. Bennett noted that at one point they put three monthly
reports in one and that the Clerk’s Office is doing it the way that it has always been done. Ms.
Bennett stated that it has just been brought to their attention by council that this is an issue because
it adds information to the packet that sometimes is not relevant due to it being three months in one
packet.
Ms. Bennett stated that council is not happy about getting multiple reports in one and that this
was not about being punitive or anything. Ms. Bennett noted that her office is following what the
Clerk's Office Manual says and that this is what council has set up as recurring agenda items for
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both meetings. Ms. Bennet explained that they have a process for the packets and everybody knows
there are Department Head meetings in which they talk about the next agenda the day after the
Council Committee of the Whole meeting. Ms. Bennett continued that they have only been here a
year in the office but this is the way it has always been done. So it seems like there is a problem
all of a sudden.
Mr. Neil stated that this is a communication problem and that this is not a real problem. Mr. Hare
explained that it is a communication problem because they know that there is a problem with Tyler
Munis. Mr. Neil noted that they are not communicating back and forth. Mr. Neil noted that he is
certain that if council were to receive a communication that said, "We have a problem because of,"
they would not be here at this particular point. Mr. Neil stated that in regards to that meeting, it is
public so nobody will not question who said what. It's now a motion if it will be seconded.
Mr. Sudler asked what are they going to meet on and why do they need 30-plus days? Mr. Sudler
stated that he needs to know what they need to meet on because they already discussed one item
out of the three or four items that she provided in the email.
Mr. Boggerty stated that he is looking forward to a productive meeting. Mr. Boggerty noted that
was not to say that they are not being productive. Mr. Boggerty stated that Ms. Peddicord has
maintained her professional composure under heat and that he applauds her for that. Mr. Boggerty
stated that he is not saying the reports are not important, but if you listen to the undertow that in
all things there is project management, so there are steps and processes that, and Ms. Peddicord
just expressly stated that she is preparing for a new launch or GoLive. Anybody who has ever
worked with a GoLive situation knows the added stress that that is. Mr. Boggerty stated that he
wishes that they would have responded and that she did point out some things. Mr. Boggerty noted
that Council owned some of the lack of response, he is going to say it. Mr. Boggerty stated that
council pushes, "Team Dover," but in his opinion, that is not berating our employees in front of
the public. Mr. Boggerty noted that whether they are wrong or right, there is a way to handle it and
that he is not happy that she is being handled this way in public for everybody to see. Mr. Boggerty
stated that if she is wrong, we need to fix it.
Responding to Mr. Anderson, Ms. Peddicord stated that it had been six or eight months ago since
she had sent that email, but yes. Ms. Peddicord noted that she thinks they have tackled a number
of the issues and that she finds it hard to do a good job for there is no dialogue with council other
than on this floor.
Mr. Neil stated that there are two things and that they have nothing to do with Ms. Peddicord’s
professionalism and what she is doing. Mr. Neil stated that it is a communications item but that
the communication item also deals with the Clerk's Office as to what is expected. Mr. Neil
continued to state that if they can relax, what was done before does not have to be done before.
Mr. Neil noted that it becomes part of the equation and that it is not an expectation. Mr. Neil
explained that there has to be some flexibility because of the problems that she does have, in
particular with the Tyler Munis that are happening. Mr. Neil stated that he thinks that they need to
make sure that they are clear on what she needs and clear on what they need in terms to do their
job.
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Mr. Sudler stated that since time is of the essence, the Clerk's Office has reached out to Ms.
Peddicord plenty of times. Mr. Sudler stated council already offered Ms. Peddicord an opportunity
to meet with them. Mr. Sudler stated that the Clerk's Office has done its due diligence and the
council has done its due diligence. This is out of frustration; this is out of Councilman Neil stating
they are not getting it in time. Mr. Sudler stated that he did not even know about it and that it was
brought to his attention. Mr. Sudler noted that they should not throw the City Clerk's Office or
himself under the bus. Mr. Sudler stated that the proof is in the pudding and that the Clerk's Office
has reached out to her. Mr. Sudler stated that he is not built like that and that he speaks the truth.
Some people can handle it, some people cannot.
Mr. Rocha stated that the meeting that is being requested is not about throwing anybody under the
bus, including Ms. Peddicord. Wipe the slate clean and let council do their part in listening to their
employee without having her out here in public being ridiculed. Mr. Rocha stated that she is one
of their employees, she works for council, and that he believes that the only way that they can
solve any of these issues, is to have a forum where they can have an employer-employee
relationship without being in front of the public. Mr. Rocha stated that he believes that they should
move forward with a meeting so that they can iron out all the details, build a relationship with Ms.
Peddicord and put together a process so that this does not happen again. Mr. Rocha noted that it is
not about throwing anybody under the bus but that it is about getting together to solve the issues.
Mr. Anderson stated that the idea of the meeting is to be solutionary and in a special meeting in
January, it is open to the public. Mr. Anderson continues to state that by its nature, it will be a
much more comfortable forum to be able to discuss the four issues that she had brought up that
she wanted to share with city council, and they look forward to that.
Mr. Neil moved to recommend approval of council by having a special meeting with the
Controller/Treasurer to sit down and work out the problems that she is having and the
communication issues. The motion was seconded by Mr. Boggerty and unanimously carried.
Report on Wage Study (Sharon Duca, Assistant City Manager)
City Manager Dave Hugg stated that this has been a bit of a journey for them as well as the
employees, so he appreciates everyone being here. Mr. Hugg noted that he wants to just touch on
a couple of things so everyone is on the same page going forward. Mr. Hugg stated that this is an
update to council on the report on the wage study and that it is not a final report, it is not engraved
in stone, and it is a work in progress. Mr. Hugg explained that they are at a point where they needed
to come back to council to say this is what they have done in the last five months, this is where
they see this taking them, and to start to build some credibility around the analysis and identify the
costs. Mr. Hugg continued to state that their intent was for it to be fair and non-biased. Mr. Hugg
stated that it was important to them that they look at this objectively, that it be data-driven, that
they rely on comparables in the public sector, and that no hidden policy agendas are going into
this study. Mr. Hugg explained that they looked at all 179 positions, 410 or so active employees
and that everybody that works for the city including part-timers was looked at. Mr. Hugg stated
that they did an analysis based on an average of the comparable minimums for similar jobs, and
similar titles in other jurisdictions. Mr. Hugg continued to explain that they also made the point
going into this study that it could be replicated by anybody who wanted to test the assumptions
and test the data.
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Mr. Hugg stated that some of the data may or may not be what others would like to hear, and
maybe some of it ultimately might be questioned, but they relied on the data that they were able to
acquire. Mr. Hugg stated that a couple of other points were that there was no make-it-fit any dollar
amount and that they did not know, quite frankly, until about a week ago even what the numbers
looked like. Mr. Hugg noted that this was they were going to do the analysis, they were going to
do the matrix, which is the size of a bedsheet, and they were going to see what that adds up to. Mr.
Hugg stated that what they are going to hear tonight is a study that suggests that 186 employees
are below the market minimum and are underpaid by whatever standard they want to look at. Mr.
Hugg noted that it is an embarrassment to the city. Mr. Hugg explained that the premise going into
this study was that the City of Dover, by not paying competitive wages, has a difficult time
recruiting and a difficult time retaining qualified employees. Mr. Hugg continued to explain that
it is not to their advantage at all and that the City needs to change that.
Mr. Hugg stated that they know there are a couple of positions that people have raised questions
about and that some of those may be policy decisions. They may not be strictly a numbers decision
and those are things they are looking to Council to help guide them with. Mr. Hugg noted that they
are still to be looking at all those crazy questions of how you pay for it, how you implement it, and
when you implement it. Do you have to do it in one fell swoop or can you do it in pieces? Mr.
Hugg stated that they do not have those answers yet but that it is part of this process.
Sharon Duca, Assistant City Manager, stated that City Council authorized the City Manager to
conduct a wage equity study at the Council meeting on July 11th. The City manager at that time
had expected the study would take about six months. Ms. Duca noted that a management team was
created which included the City Manager, herself, and Naomi Poole, the Human Resources
Director and that they were assigned advisory members to the team which includes Councilman
Boggerty, Councilman Hare, and Mayor Christiansen. Ms. Duca stated that they started with the
establishment of the market area which was based one hour within the City of Dover. Ms. Duca
continued to state that there were eight local governments chosen and they included New Castle,
Kent County, Sussex County, Newark, Middletown, Smyrna, Milford, and Seaford. The study
reviewed all active positions that were on their roster as of July 1st, 2022, as well as some others
that are part of progressions within the city. Some may not be filled right now, but they could be
filled in the future.
Ms. Duca noted that the positions that were compared were those that appeared to be like or
matched the City of Dover. Ms. Duca explained that a spreadsheet was created to compare the job
titles and that a thorough comparison of job descriptions was performed, although some were used
for clarification purposes as they went through. Ms. Duca continued to explain that there were a
total of 179 positions that were reviewed representing 410 active employees as of the September
12th, 2022 snapshot of the data in the ADP system. Comparables were not available for 24
positions, in which case scope and responsibility were compared to other City of Dover positions.
Meetings were held with department heads in August regarding the comparisons that were made
to date and additional job descriptions were pulled for review as a result of these meetings.
Meetings were also held with union representatives in September. Ms. Duca stated that there was
clarification on certain comparables that were performed. Ms. Duca continued to state that it is
important to note the concerns of staff, of which IBEW can be an example. Ms. Duca explained
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that they used local governments to compare to the City of Dover, and the current IBEW does
tasks that are not within the scope of other local governments.
Ms. Duca noted that they are more competitive with the private sector. The State of Delaware was
also not used and part of this was also the reason why 24 positions did not have matches. Like in
the IBEW, the city has some that do not exist in other municipalities, so that is important to keep
in mind as they go through this. Ms. Duca went through her PowerPoint presentation with the
Council. Ms. Duca stated that after the comparables were laid out for each position, the average
minimum was then calculated and then used to determine the new pay scales. The pay scales are
not newly created and they are based upon existing pay scales positions. Ms. Duca noted that they
were just moved from one grade to another rather than creating a whole new system. Ms. Duca
explained that they then were compared with each other to look for equity based on organizational
hierarchy and progression within positions. Just as a note, the wage requirement of $15 an hour
that is set for 2025 was taken into account during this study, rather than trying to go through that
again six months or a year from now, they are trying to reflect it now.
Ms. Duca stated that as she had mentioned, the organizational hierarchies were compared to look
at the different pay grades for the staff or the proposed pay grade. One of the examples of what
they are looking for is to make sure that supervisors are making more than direct reports and that
their certain positions have a line of succession like MEO 1, 2, and 3, where you want to make
sure they are actually in order and not as skewed there. Ms. Duca explained that regarding the
proposed pay grade there are only changes made to the DOE and non-bargaining because of the
comparisons that were found for the FOP and IBEW, which as she mentioned earlier, there were
some concerns there. Ms. Duca stated that the example with the organizational chart on it shows
how we looked at the different hierarchies to make sure that the pay grade succession was in effect.
Ms. Duca noted that they did that for each department. All of the department heads provided their
current organizational structure so they could use that to lay out staff and the pay scales that lead
to placing staffing grades. Ms. Duca explained that by moving all the positions into the new pay
grades, they were able to come up with the new minimum for a pay grade, but not everybody
started at the same time in the same staff placement. So it is important to look at placement in
grade and they looked at a couple of different possibilities.
Ms. Duca stated that just looking at the grade itself, was calculating how much it would take to get
everybody to the minimum so that they get rid of the disparity there. Ms. Duca continued to state
that it was then looked at to run different scenarios for placement and grade based upon years of
service as the example that is contained within the presentation. Ms. Duca noted that there is some
flexibility to be able to make some adjustments here and there. Ms. Duca stated that based on their
system here, it was then determined that a cap would be placed on pay for placement purposes if
the existing pay was greater than the proposed pay. Ms. Duca noted that the cap is not forever, it
is just for the one time here, and that they would still be subject to raises and that type of thing.
Ms. Duca stated that with the formula that they have, they would be looking at the proposed
payment. The percent increase would give them the placement in grade and then the placement in
grade plus the proposed minimum pay would equal their new pay. Ms. Duca stated that there were
some concerns in terms of some of the numbers on the other one, so they chose to be a little more
straightforward. The first example is if your existing pay is $55,000, your proposed minimum is
$50,000, 25 years of service, your percent increase is 5%. The placement and grade work out to
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be $2,500. The new pay would then be $52,500. In the example, the existing pay is greater than
the new pay, so they would be capped at the existing.
Ms. Duca explained that this also exemplifies how she had said that there is not a whole lot of
range penetration in the proposal. They are looking at someone with 25 years of service and they
are capped at their existing pay already. Ms. Duca stated that the second example is one where it
has the same minimum pay, but an existing pay of $45,000, 4 years of service would get a 1%
increase. The new pay would calculate to $ 50,500, and then their new payment would be
established as it is greater than their existing pay based upon the calculation. Ms. Duca explained
that moving everybody just to the minimum is almost $900,000. It affects 196 employees, but it
does not address placement and grade, which affects years of service and that type of thing for the
different employees. Ms. Duca continued to explain that a recommendation would be to move to
a placement in grade configuration for staff. The example that was provided to council is
approximately $1.2 million. It affects 227 employees as some of those other permeations come
about. The greater separation between the percentages, the more employees are then affected. Ms.
Duca noted that this is something that can be taken into consideration as part of this and that no
staff member wages will be decreased.
Ms. Duca stated that calculations do not necessarily reflect any raises that would be proposed for
fiscal year '24 if this were implemented in '23. Ms. Duca continued to state that it is going to matter
when it occurs to fine-tune the calculations as to what is going on. The calculations reflect salaries
only and do not reflect anything related to benefit costs or overtime. Things such as title
adjustments, reclassifications, new step progressions and the like should be evaluated as part of
the budget process.
Mr. Hugg stated that one of the questions that the participants in the study asked was how the city
would fund it. Where do we find the money? What can we do? Mr. Hugg stated that is something
that they are still working on. There are reserve funds of various types that the city has. Mr. Hugg
explained that some of them have bond covenant relationships and so they may not be able to use
those funds even if they are there. Mr. Hugg stated that some of them have threshold percentages
and that when they did the budget presentation this year, he had asked to reduce the carry forward
percentage to lower it and council did not want to do that. Ms. Hugg noted that there may be some
reserve accounts that council has some ability to readdress. Mr. Hugg explained that we can hope
that some windfall monies come to the city in fiscal year '22. For example, the city experienced a
couple of very large real property transfer tax revenues. Mr. Hugg noted that you cannot count on
them, and you cannot predict them, but it is likely that sometime during the year some major
property in the city will get transferred and the city will get a property tax or a real property transfer
tax infusion.
Ms. Hugg stated that as he has reported to council, the city has a property offered for sale in
Garrison Oak Park. Disappointingly, a settlement that was scheduled for November 20, 2022, fell
through because of the change in the Federal Reserve interest rates that made the project not
profitable for the individual. Mr. Hugg explained that the good news is he has another contract on
that piece of property, but he does not have a settlement date. So, there is a possibility that there
will be some funds from a variety of sources Mr. Hugg stated that he hopes that the city will do a
little better this year in terms of revenues than they forecasted when they came before council six
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months ago. Again, that is not a hard number at the moment, but it is something that he has asked
the budget folks to go back, really kind of look at each of the revenue streams and look at their
ending balance, beginning balance, kind of recheck those numbers.
Mr. Hugg explained that as Councilman Anderson knows, the city enjoyed a brief period when
actual gas prices fell from the eight or nine-dollar range to the five-dollar range. They are back up
to seven now but there could be a little bit of additional revenue that comes from that standpoint.
Mr. Hugg stated that if council were to say, yeah, we want to do it, then the real question comes,
when do you want to do it? Mr. Hugg continued to state that if they do it in January, it has an
implication but if they do it in March, it is cheaper because the new rates do not apply for as many
months in this year. The $900,000 is an annualized number and it reflects a 12-month salary cost.
Mr. Hugg noted that whenever it is implemented, it will be varying amounts of impact.
Mr. Hugg explained that there are some capital projects and capital investments that perhaps don't
have to get done this year, we could go back and look at a couple of them. We were advised, for
example, that Ford will not release three new trucks for the City of Dover in the same calendar
year, so we may have a capital investment or two that gets postponed. We could capture any salary
savings that are out there as a result of vacant positions and reallocate them to this function. So
there are several techniques that we're looking at. Mr. Hugg stated that what they are asking for
tonight, is for council to say, yeah, we like the approach, we like how they have put this together.
Go back and make sure that if some questions or adjustments need to be made, make them, and
figure out what it would cost to implement it say January, March, or July, and then be a little
precise on the numbers. Mr. Hugg noted that he does want to emphasize again to everybody that
this is an update and that it is not a final plan.
Mr. Hugg stated that there is room here for reconsideration of not a whole lot, but reconsideration
if there are a couple of issues that they need to look at. Mr. Hugg continued to state that they cannot
start over with a different approach, well at least if they did, it would be another five or six months
probably. Mr. Hugg noted that there is room for discussion. There are some policy questions that
council will be potentially asked to make. Mr. Hugg stated that while their formula-driven, data-
driven analysis says A plus B will equal C, there may be some policy reason why A plus B equals
C plus, and those things will bring to council as they build them out.
Mr. Anderson thanked the members of the team for all of their tremendous work.
Mr. Sudler thanked Team Dover for their effort and for putting this together. Mr. Sudler stated that
in regard to the flexibility, his biggest concern is there may be a concern in regard to what someone
is making today who has been with the city maybe five to ten years versus someone who has been
here ten to twenty years. Is there a way that they could look at trying to compensate them for the
tenure or their experience or has that been in consideration? Mr. Sudler stated that he does not
know if they looked at the duties of their current position for those who have been there ten to
twenty years versus someone who has been there five to ten years, but how can they address that
to make sure that they know that they are valued?
Ms. Duca stated that in terms of coming up with the range penetration or the place in range, she
has started running scenarios such as 1% per year of service or getting them to the midpoint
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depending on their years of service. Ms. Duca stated that there are many different scenarios that
they can run and bring back to Council.
Mr. Neil stated that to follow up on President Sudler's question, that was one of the things that they
addressed in their meeting, is the people that had been here X number of years versus someone
that has not. Mr. Neil continued to state that he thinks one of the major things we had discussed
was bringing everybody at least to the minimum and then addressing what to do with the people
that have been here ten years, fifteen years. Mr. Neil stated that is something they talked about and
they just have to see more numbers when they are putting it together. Mr. Neil explained that he
thinks one of the main things that they discussed was, first of all bringing everybody up to at least
minimum and then going from there, having another alternative for someone that has been here
three years, making $8,000 below minimum.
Mr. Neil continued to explain that they would bring them up to a minimum and for someone that
has been here fifteen years, what do you do for them? Someone that has been here twenty years,
who did not want to be a supervisor and they are making X, but now someone has been here for
eight years and now as a supervisor making more than them because they decided they did not
want to be a supervisor. Mr. Neil stated that there are a lot of issues that they discussed with
Councilman Boggerty, so there is a lot to be done but those are some of the main things getting
everyone at least initially to a minimum and then proceeding from there.
Mr. Neil stated that they have been receiving all kinds of information from their people who are
concerned about things. Chief Carey is concerned. Mr. Neil explained that they have already
agreed to parity for the dispatchers, Fire Department, and Police department. Mr. Neil stated that
he would hope that if they agreed to that as they did at one of the council meetings, that would be
carried out. Mr. Neil stated that this is a work in progress and that this is not something that is a
done deal. Mr. Neil stated that they had heard from Jason Osika who is a very respected member
of the team. Mr. Neil explained that Mr. Osika had several points that he brought up that should
be considered. Mr. Neil continued to explain that a lot of the things that he said are being
considered in terms of grade but that he thinks that they hear those and respond to them by the
committee in terms of some of those things. Mr. Neil stated that they also heard from DOE
regarding the Wage Study.
Mr. Neil explained that it is a work in progress and that he is confident that they are listening to
people, that they will hear them out, and to make sure that they are as fair as they possibly can be.
Mr. Neil continued to explain that then they have to figure out how they are going to pay for it.
Mr. Neil stated that they are talking about taking a vacancy and not paying it and using that for
money when one of the problems is that they are creating a whole system to attract people into
those vacancies because the city is not getting them. Mr. Neil noted that one of the biggest
problems that they have is filling those spots. Mr. Neil stated that they should keep that in mind
when they say they are going to take those salaries that are not being paid and use them to pay for
the existing salaries
Responding to Mr. Neil, Mr. Hugg stated that he is correct. Mr. Hugg stated that it is one of those
kinds of Catch-22s. Mr. Hugg continued to state that if they did something like that, they would
want to make sure that it was only for a limited period. Mr. Hugg explained that they want the
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concurrence of the department heads that they have been without X for some time. Mr. Hugg
explained that it is not one he would necessarily recommend but if they get to the point that they
say, "We want this done and I've got to find nickels and dimes to make it happen." There are ways
to make it happen but they are not necessarily comfortable ways to make it happen. Mr. Hugg
stated that he does want to comment because he knows Chief Carey came to see him the other day
and he wants to explain how the discrepancy occurred that is in the report. Mr. Hugg explained
that when they use a set of comparables, the criteria that they use for the comparable drives, are
the average minimum wage. In the case of the Police Dispatchers versus Fire Dispatchers, it was
brought to their attention that they had included in the Police Dispatchers a comparable that was
not a public safety answering center Mr. Hugg continued to explain that there is a designation for
911 centers that not every place that answers a 911 call is a 911 center, by definition.
Mr. Hugg stated that when you put those criteria against what they were looking at, they drop one
municipality out, and that happened to be a lower compensated municipality, so the resulting
calculation is higher. Mr. Hugg noted that is why he says this is data-driven. That is not an
assumption, that is not something they have to do, but simply that is how it comes out. Mr. Hugg
stated that if the council's prerogative is that they want to make them the same, that is fine.
Mr. Anderson stated that he does want to point out something and that is, they said that they were
having parity in the raises so that one group got a raise and the other group did not get one or got
a smaller one. Mr. Anderson continued to state that they did not say they were going to make the
positions have parity. Mr. Anderson explained that is something that they can discuss but that he
wants to be very clear about what they have agreed to, because he does not want them to be said,
they have an understanding that is different from what they had in the public vote.
Responding to Dr. Pillsbury, Mr. Hugg stated that one of the things that they have to address is
part of when it occurs. The DOE union and the FOP union had a fiscal 24 rate and that is something
that is already agreed to, so that is not something additional.
Responding to Mr. Contant, Mr. Hugg stated that it was probably a little bit of both. Certain
positions are unique because nobody else has them except the State of Delaware, perhaps a private
employer or whatever, which is critical to us when we started the study that everybody is compared
to the same set of comparables with the same criteria. That ignores the fact that in the private sector
there may be certain kinds of jobs that we have that maybe other municipalities or counties don't
have and that may skew the final result and we just have to accept it.
Mr. Hugg stated that part of the problem is the issue with the Fire Marshal, and he is going to pick
on them that the City of Dover is the only municipality that has its own Fire Marshal. So, getting
a comparable for the Fire Marshal from those folks that they believe they compete with, is not
going to happen. It is a unique position. That is one of the policy decisions they are going to have
to look at but he did not want to open this up where everybody came to them and said, "Well Joe,
that works for George, and Lynch makes $25 more an hour to drive a backhoe than I did," because
then somebody is going to come and say, "Well, yeah, but Mitton pays $37." Once you open that
box up, they lose total control of the credibility of the report. Mr. Hugg stated that quite frankly
that is the problem with the Seigal Study. The Seigal Study went in and cooked the books on
certain positions because they did not come out where they wanted them to.
Page 98
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Item #5.
COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 21
Mr. Hugg explained that this is what they were worth based on the comparables that they used.
Mr. Hugg continued to explain that they can talk about the comparables, but they massaged the
numbers before they got to the policy questions. The policy question is, do they look outside for
certain positions that they do not have comparables for? Do they look at positions that are
reasonably close to each other in terms of what they do that may not have gotten the same rating
because of the accredited answering center or something? Mr. Hugg stated that one of the next
steps is they do need to address this placement in grade. They did this one to 5% just to get a sense
of how that would work out. If the minimum is $40,000 a year, you have been here five years and
you only get 1% which is a $400 difference, that is probably not an acceptable solution. Mr. Hugg
noted that it is better than nothing, but that is about all it is. So, they will be looking at other kinds
of ways to figure out how to move people in and integrate.
Mr. Hugg stated that he does not know that there are very many positions other than the handful
they have talked about that anybody has questioned. Mr. Hugg continued to state that the matrix
is open in the event that somebody comes back and says, "You really just…" Mr. Hugg then stated
that he will give Council an example. One that got corrected when they were looking at auto
mechanics. The City of Milford was on the list of comparables, say somebody called an auto
mechanic, but when they look at what that auto mechanic does, he is a Jiffy Lube employee. They
change the oil, the wiper blades, that is it. So, that position, that particular comparable was removed
because it was not comparable. There may be some of those that they need to adjust.
Responding to Mr. Contant, Mr. Hugg stated that he is basically looking for direction from council
and then coming back to them with an update number two.
Mr. Hare stated that as a follow-up to what Mr. Contant said, they did not just say, "Oh, well we
think this is what it should be." They did comparables like it was in the report. Mr. Hare stated that
they compared Delaware instead of as in the other report because it does not matter what they
make in Maryland to finagle some of the positions. Mr. Hare explained that his position has always
been, if you think they make more in Frederick, Maryland than they do here in Dover then go get
a job in Frederick, Maryland. Mr. Hare stated that his thoughts were that if somebody has been
with the city ten years and they are making $3,000 above the minimum and someone who has been
here two years, they are going to get $8,000 raise up to the minimum. Mr. Hare continued to state
that the person that is making $3,000 above the minimum that has been here ten years, maybe they
get like one and a half percent per year for those ten years. So, they would get a 15% increase
which would put them up. Mr. Hare noted that he thinks that what was done was good and that he
thinks they did something with equity. Mr. Hare explained that a lot of the positions they have in
the city are making more than the positions in all these other ten that they compared to.
Mr. Hare stated that it is not going to require something there because they are already above what
the other cities are making. Mr. Hare continued to state that he thinks it is good to let Ms. Duca
continue to do the work that she is doing to come up with some type of an equity increase for
people that have been here a length of time and to let her continue to come up with an idea, such
as his. Mr. Hare noted that maybe it should be one and a quarter percent a year because they have
been getting the raises but to let them see what they come up with and bring it back to council. Mr.
Page 99
Página 100
Item #5.
COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 22
Hare stated that they did what they felt was right for the people, the employees of Dover, and
bringing everyone to the minimum that is compared to ten other locations in the state.
Mr. Taylor stated that was a great job, it is an outstanding start, and for them to continue doing
their due diligence. Mr. Taylor continued to state that they should address the outliers, carefully
review the implementation processes, make the tough cuts, when need be, and make our people
whole.
Mayor Christiansen stated that this is quite refreshing, this report that they worked on, and that he
is not going to say that because he was part of the process. Mayor Christiansen stated that this is
the first time that they have done a wage and salary study that has come back and recognized the
people that are in the trenches that are doing the work. Mayor Christiansen explained that he would
hope that they can move forward, check out the disparities that they have in some of the job
classifications and come up with a rapid method to reward those who have the length of service.
Mayor Christiansen noted that they should also put this in effect as soon as possible.
Responding to Mr. Sudler, Mr. Hugg stated that based upon the information he had, the MOU
information, the actual rates are the same as the fiscal year 24’. They were both set up for fiscal
24’ at the time. Mr. Hugg continued to state that their contract has those rates in it right now,
regardless of the MOU.
Mr. Boggerty stated that he just wanted to thank them for the opportunity to serve the most
important people in the City, the staff and the employees. Mr. Boggerty stated that they are
working. Mr. Boggerty explained that it may not be everything they want, but they are not just
sitting on their hands. It is a start, a great start really, that there are some other avenues that they
are looking at and he looks forward to continuing the process. Mr. Boggerty thanked Councilman
Hare for his wisdom and looks forward to continuing working on the process. Mr. Boggerty asked
everyone to be patient. If there was a big money tree, they would shake it and pay everybody but
it is not, but they are going to do something.
Mr. Hugg stated that he believes that they have achieved what they wanted to achieve at this
meeting, which was to tell council what they have done, how they have gotten to where they are,
and what the numbers are beginning to look like. Mr. Hugg continued to state that it sounds like
their approach is one that council is comfortable with. Mr. Hugg noted that he is pleased to hear
that council did not throw their hands up and say, "Oh my Gosh, it is going to cost too much," or
anything like that, because he agrees with all the comments that have been said. This is critical to
building and maintaining the team, and the quality of the team that they have and want to have
going forward.
Mr. Sudler thanked them for their hard work. Mr. Sudler stated that they should also keep in mind
how important it is for additional training to allow other opportunities for individuals to grow
within the organization, and to provide them with opportunities to advance to another level or new
job description throughout the workforce. Mr. Sudler continued to state that he has heard that there
are some skill sets such as welding and other things that they would like to do, that they are good
at naturally. That could also save the city some money and also put some additional money in their
Page 100
Página 101
Item #5.
COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 23
pockets. Mr. Sudler stated that they should look at what they have internally, the skillsets they
have internally so that the city can also promote growth and development within their organization.
Chief Carey, Fire Department, gave comments about the Wage Study (Attachment #4).
Kay Sass, AFSCME President, gave comments about the Wage Study (Attachment #5).
Jason Osika, Fire Marshall, gave comments about the Wage Study (Attachment #6).
Matt Brown, DOE President, stated that he did not have a prepared statement for this comment section
because he honestly was not sure how it was going to be presented. Mr. Brown continued to state that
he believes he is going to express the same concern that most people are going to express. It is the
longevity equation of this and how they bring current employees into it. Mr. Brown noted that he has
several ideas as well. Mr. Brown explained that the only thing he is going to ask is, they have reiterated
their commitment tonight to what they are doing and that he cannot thank them enough for that. This
is something that is not part of their contract and that it is not required to be done. Mr. Brown stated
that they recognized the need and that they are moving forward to fix it. Mr. Brown believes that they
are off to a good start. Mr. Brown stated that the only thing he is asking for is more inclusion of the
unions or employees with the team, whether it is once a month, or once a quarter so that they can
discuss some of the issues that have come to their attention, the longevity pay, how they are
incorporating that. Mr. Brown continued to state that they are some questions they would have loved
to have asked by now but maybe it was not appropriate, he is not sure. Mr. Brown noted that going
forward, now that they have gotten the plan and assuming they move forward with it, he just asks that
they are included in that. Mr. Brown stated that they have ideas that may not be their ideas that they
may like better than their own. They may have ideas that are better than his, but collaboratively, he
thinks that they can do it.
Steve Newberry, Business Manager for IBEW Local 1238, stated that his union represents the
employees in the Electric Department. Mr. Newberry stated that he appreciates what is going on
with the wage study. Mr. Newberry noted that he has been representing the Electric Department
since 1996, so he has been through this quite a few times. Mr. Newberry stated that the issue they
have is the comparables. The comparables when they look at what the folks do here, especially the
line and substation techs, these types of folks, are compared with the utility industry as has been
stated early, which is mostly a private sector job. When they compare them to the City of Smyrna,
Lewis, and Milford, they do not do the same things that these guys do every day. The only ones
that could even come close are maybe Middletown, but when they look at the City of Dover with
its service territory of over fifteen substations, he thinks Middletown has two or three. Mr.
Newberry explained that these guys go out every day in gloves and sleeves, whether it is 120-volt
streetlight or whether it is a 69KV transmission line. They do not do that in Lewis, they do not do
that in Smyrna, and they do not do that in Newcastle. They do that at Delmarva Power and they
do that at Delaware Electric Co-op. Mr. Newberry stated that to have a study that does not include
these entities. Mr. Newberry stated that he has been through wage studies before and he
sympathizes with these folks because he has been through it, and he was on one that took a year
and a half. Mr. Newberry continued to state that everything is based on those comparables and
how they weigh the data and everything like that. Once they decide all of that, then it is just a math
problem.
Page 101
Página 102
Item #5.
COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 24
Mr. Newberry stated that his point is, and what he would ask council to consider is Delmarva
Power, and these private entities, the co-op, are their competitors. Mr. Newberry continued to state
that he has linemen in his shop in New Castle that were linemen here. Some linemen have left here
to go there, and some linemen have left here to go to the co-op. Mr. Newberry noted that it is even
going to get worse for the city when it comes to retention. Right now, half of his folks have a
retirement pension and then the other half are on the 401k. The ones with the 401k are going to be
the guys that go and the guys that have the pension, they are going to stay here and ride it out. Mr.
Newberry stated that he looked back at 2012 because he stood up in front of not the council but
the committee in 2012. Mr. Newberry stated that it was the same thought, that it is getting worse
in the utility industry. Mr. Newberry noted that Delmarva Power, which he represents, is even
having trouble attracting and maintaining, and it is something that the city is going to have to look
at. Mr. Newberry stated that he is asking them to incorporate these private entities in this wage
study.
Mr. Hugg stated that he appreciates the comments and suggestions. Mr. Hugg noted that they were
aware of most of them that could be an issue and they will certainly take a look at them. Mr. Hugg
stated that he does not want to refute or challenge anything that anybody said. They are legitimate
comments, and they will be part of the next report and again he appreciates them coming and being
involved.
City Clerk Bennet read an online question, “This is from Alexander Hoffman. With the current
formulas and examples, someone who is hired this year at $19.46 an hour will end up making
$68,535.18. Or someone who has been in that same position for five years and is currently making
$23.20 an hour will make $61,130.38. Is this a known flaw with the current formula?"
Mr. Neil moved to recommend that the Committee continue to work on the Wage Study and
bring another report to Council. The motion was seconded by Mr. Sudler and unanimously
carried.
911 Supervisor Position (Naomi Poole, Human Resources Director)
Naomi Poole, Human Resources Director, stated that she was prepared to give a presentation
regarding some concerns that were brought forth concerning processes. Ms. Poole continued to
state that the concerns that were discussed were specific to the internal process and development
of the emergency communication manager position, as well as the process associated with the new
FOP, and MOU contracts. Ms. Poole explained that when she was creating her presentation, she
noted that she could not speak to a lot of things because this is an open forum and that she feels
like it would not do the conversation justice and would be confusing. Ms. Poole explained that her
goal specifically in her role as an HR director is to ensure that the city is incorporating best
practices within its policies and procedures. Best practices create consistency and most
importantly, accountability. Accountability keeps the city honest and upholds them to the highest
standards needed to serve in all their roles. Ms. Poole continued to state that they have some great
folks working for the City of Dover who believe in this sentiment and she wants to ensure that
they continue down this lane as they continue to tighten and redefine their standards. Ms. Poole
stated that at this point, what she is recommending is to reconvene and discuss some of these
concerns that have been brought forth so that they can have a full discussion, lay everything out
so that they can all review concerns and include the parties that are involved in the concerns. Ms.
Page 102
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Item #5.
COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 25
Poole stated that the reason for that is that this is a personnel matter, and she does feel as though
they need to uphold a certain level of respect towards that. So at this moment, what she is
recommending is that we reconvene in an executive meeting, if possible, to discuss these concerns.
Responding to Mr. Anderson, Ms. Poole stated it was to discuss the 911 Supervisor Position and
also the MOU contract as well.
Ms. Poole stated that out of respect, it is not the person, it is the position and the process. Ms. Poole
continued to state that she just wants to make that clear that they are not talking specifically about
the person because the person was not a part of the internal process involved.
Mr. Sudler moved to recommend approval of staff recommendation to schedule a special
meeting which includes an executive session with the Human Resources Director to discuss
the 911 Supervisor position. The motion was seconded by Mr. Taylor and unanimously
carried.
Fraternal Order of Police (FOP) Memorandum of Understanding (MOU) (Naomi Poole, Human
Resources Director)
Naomi Poole, Human Resources Director, stated that the FOP MOU is also a part of her
recommendation. Ms. Poole stated that it was the 911 Emergency Communications Manager
position process and also the process of the MOU contract and how that went about. Ms. Poole
explained that as well as a personnel matter she does think that should be an executive meeting as
well.
Mr. Anderson stated that for the personnel part, they can do an executive session. Mr. Anderson
continued to state with the Memorandum of Understanding there are public implications to that
and questions that he knows that he has and that he would like to get moving on this. Mr. Anderson
noted that council does have a legal opinion on parts of this stuff, when it comes to the salaries,
and the positions, a Memorandum of Understanding has things that they had not seen that just need
to be discussed. Mr. Anderson explained that one of them has to do with updating the change order
on the implementation of a motion that they approve publicly. Mr. Anderson stated that Council
would have to at least do that part.
Mr. Sudler asked how Ms. Poole feels about what Chairman Anderson just stated and if she is
comfortable, if can she decipher or give a clear distinction without going into material that may
lead to an executive session. Mr. Sudler explained that he knows that some time ago, they were
trying to have this kind of conversation, then they all said it needed to be an executive session. Mr.
Sudler asked Ms. Poole, as the HR director with the expertise, if can she decipher, and if there is,
what the material is or the elements that she feels comfortable with that she does not feel would
be eligible for executive session criteria.
Responding to Mr. Sudler, Ms. Poole stated that she thinks it is a little difficult for her to decipher
what to speak on and what not to speak on. Ms. Poole continued to state that she thinks she would
rather just leave it for a time when she can just lay everything out so that they can discuss it
properly.
Page 103
Página 104
Item #5.
COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 26
Michael Stafford stated that he is a special solicitor for labor and employment matters for the City
of Dover. Mr. Stafford reminded Council that any questions they ask him in a public forum, they
are waiving the attorney-client privilege concerning those answers. Mr. Stafford noted that council
may want to consider that.
Responding to Mr. Anderson, Mr. Stafford stated that he is correct in saying some things are
required to be on the public agenda.
Responding to Mr. Anderson, Mr. Stafford stated that concerning item six, if they are talking about
specifically the approval, was the wage component of the MOU properly approved? Is it taking
effect? Is additional action by council required? Mr. Stafford stated that he thinks that is for a
public session but if they are talking about actions or inactions of city officials, they are getting
into personnel matters, and he thinks that would be an executive session.
Responding to Mr. Hare, Mr. Stafford stated that the legal question again that he was asked to
answer was whether or not the MOU as approved was legally binding. Mr. Stafford stated that if
council is asking me to answer that question in public, he will do it.
Responding to Mr. Hare, Mr. Stafford stated that yes, the $239,000 that council approved was
legally binding. Mr. Stafford stated that in Mr. Hare’s comment, he said they are coming back and
asking for more money. Mr. Stafford noted that is not his understanding at all. Mr. Stafford stated
that the question that Mr. Hare is asking is whether or not in the MOU, in the presentation, there
was a costing error on the part of the city, not on the part of the union, on the part of the city. Mr.
Stafford explained that the question he was asked, and that Mr. Hare is now asking him to answer
here in this session is whether or not that MOU is approved. Mr. Stafford stated that is correct.
Mr. Anderson stated that he is asking Mr. Stafford to not go there. Mr. Anderson continued to
state that as the Chair, he wants to intervene on that because it will interfere with their legal
position.
Mr. Stafford stated that yes it would.
Mr. Sudler stated that at this present moment, as Council President, he is going to conclude the
meeting until they get a legal opinion. Mr. Sudler stated that he is going to take over right now and
that he is going to conclude the Legislative, Finance, and Administration Committee meeting as
Council President. Mr. Sudler explained that they are getting into waters that could come back and
have some legal ramifications that could have a hardship on the City of Dover. Mr. Sudler
continued to explain that until they have the City’s legal solicitor, Mr. Rodriguez, in conjunction
with, and they can hear what they are saying, he is not comfortable giving council that advice. Mr.
Sudler asked why council is pushing him. Mr. Sudler stated that he is going to take over the
meeting and that the Legislative, Finance, and Administration Committee meeting is now
adjourned.
Mr. Sudler moved for adjournment of the Legislative, Finance, and Administration
Committee, hearing no objection, the meeting adjourned at 9:56 p.m.
Page 104
Página 105
Item #5.
COUNCIL COMMITTEE OF THE WHOLE MEETING OF NOVEMBER 29, 2022 PAGE 27
Meeting adjourned at 9:56 PM
The Council Committee of the Whole meeting adjourned at 9:57 p.m.
Roy Sudler, Jr.
Council President
RS/ar
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\TEMPLATES\CCW Minutes TEMPLATE.wpd
Attachments
Attachment #1 - Letter to Dover City Council – Proposed Ordinance #2022-26 - ACLU
Attachment #2 - Letter to Dover City Council – Proposed Ordinance #2022-26 - Central Delaware NAACP
Attachment #3 - DOE Union Update – Mr. Matthew Brown
Attachment #4 - Chief Carey Wage Study Comments
Attachment #5 - Kay Sass, AFSCME President Wage Study Comments
Attachment #6 - Jason Osika, Fire Marshall Wage Study Comments
Page 105
Página 106
Item #14.
Monthly Report
October 2022
Office of City Assessor
Page 106
Página 107
Item #14.
ASSESSOR’S REPORT
Number of Deeds Stamped for Transfer Tax Dollar Amount for
the Month of Oct. 2021/2022 the Month of Oct. 2021/2022
47 $166
50 $200 $152
36
Thousands
33 $129
40 25 26 22
30 $100 $63
20 $49 $2
5 1 2 0 $2 $0
10 2021 2021
0 $0
2022 2022
First Time Buyer for the Month Oct. 2021/2022 Realty Property
of Oct. 2021/2022 Sales in Dollars Received Prior
47 to Recording
50
36
40 33 $15 $9 $11 $8 $10
$6
Millions
25 Res. Non‐First $10
30
Time Buyers $5 $0 $0 $0 2021
20 $0
Res. First Time 2022
10 Buyers
0
2021 2022
Major Updates
August September October
Assessment Change $864,000 $8,684,100 $0
Residential Sales Ratio Report
Sales in Study Total Assessed Total Sale Price Ratio PRD
Value
52 $7,883,700 $12,402,490 0.64 1.06
Ratio – Assessed Value divided by Sale Price. PRD – Mean – A PRD above 1.03 tends to indicate assessment
regressivity – high valued properties are under appraised relative to low valued properties. A PRD below .98
tends to indicate assessment progressivity – high valued properties are relatively over appraised.
1
Page 107
Página 108
Item #14.
ASSESSOR’S REPORT
Assessor’s Office
Supplemental Billing
‐ October Supplemental bills went out totaling $21,369.70
2
Page 108
Página 109
NOV 17, 2022 CITY OF DOVER PAGE: 1
11:40 AM SALES RATIO REPORT CA324
PARID NBHD LUC ADDRESS UNITS STYLE YRBLT STORIES SFLA GRADE CDU TOTAL APPR SALE DT PRICE ASR
Item #14.
ED05-057.17-01-10.00 18 R10 7 GRISTMILL PL 1 8 1990 2 1761 C+ AV 163,300 07-OCT-22 260,000 .63
ED05-057.17-01-36.00 18 R10 102 GRISTMILL PL 1 8 1991 2 1542 C+ AV 159,300 31-OCT-22 252,000 .63
ED05-066.02-01-05.00 18 R10 117 HOBBYHORSE CT 1 14 2012 1 1939 B+ GD 237,100 13-OCT-22 359,000 .66
ED05-067.01-01-03.00 18 R10 11 MINERAL CT 1 5 2006 2 1869 B AV 240,800 21-OCT-22 315,000 .76
ED05-067.01-01-50.00 18 R10 22 OPAL PL 1 1 2012 2 1760 B AV 220,500 15-OCT-22 325,000 .68
ED05-067.09-03-30.00 3 R10 30 WHITEMARSH CT 1 8 1982 2 2390 B- AV 215,800 18-OCT-22 395,000 .55
ED05-067.13-02-33.00 3 R10 27 BALTUSROL RD 1 5 1973 2 2476 C+ AV 221,200 06-OCT-22 335,000 .66
ED05-067.15-05-05.00 10 R10 810 WOODCREST TRN 1 13 1983 2 1242 C FR 116,700 03-OCT-22 198,000 .59
ED05-067.17-05-13.00 3 R10 305 PEBBLE VALLEY PL 1 5 1995 2 2417 B+ AV 237,100 21-OCT-22 430,000 .55
ED05-067.20-01-52.00 10 R0 527 WILLIAM ST 0 44,800 11-OCT-22 71,000 .63
ED05-068.09-01-30.00 13 R10 14 DRAPER DR 1 14 1986 1 1248 C AV 176,200 28-OCT-22 210,000 .84
ED05-068.10-01-01.00 13 R10 795 MILLER DR 1 16 1969 1 1925 C AV 180,500 21-OCT-22 160,000 1.13
ED05-068.10-04-44.00 13 R10 316 WEST WIND DR 1 5 2001 2 2393 C+ GD 234,200 24-OCT-22 344,000 .68
ED05-068.14-02-20.00 13 R10 1331 GARFIELD DR 1 5 1966 2 1524 C+ FR 149,100 06-OCT-22 155,000 .96
ED05-068.15-03-04.00 6 R10 1401 S HANCOCK AVE 1 14 1990 1 1344 C AV 193,800 28-OCT-22 290,000 .67
ED05-068.15-04-84.00 6 R0 271 TEA PARTY TRL 0 8,000 27-OCT-22 290,000 .03
ED05-068.18-01-34.00 7 R10 180 N EDGEHILL AVE 1 3 1950 1 1717 C AV 147,600 21-OCT-22 160,000 .92
ED05-068.18-02-67.00 7 R10 108 N HALSEY RD 1 14 1952 1 1064 C AV 128,600 31-OCT-22 140,000 .92
ED05-068.19-05-62.00 14 R10 139 LEXINGTON PL 1 13 2022 2 2204 B- AV 202,000 18-OCT-22 300,000 .67
ED05-076.04-02-07.01 2 R0 506 RIDGELY BLVD 0 9,300 21-OCT-22 160,000 .06
ED05-076.04-02-10.00 2 R0 500 RIDGELY BLVD 0 9,900 25-OCT-22 286,990 .03
ED05-076.04-05-05.00 2 R10 802 RUTH WAY 1 8 2021 2 1064 B- AV 145,700 27-OCT-22 280,000 .52
ED05-076.04-06-03.00 2 R10 516 S GREENBERRY LN 1 13 2010 2 1376 C+ AV 157,400 13-OCT-22 255,000 .62
ED05-076.04-06-36.00 2 R10 413 ANN MOORE ST 1 13 2010 2 1280 C+ AV 152,400 26-OCT-22 215,000 .71
ED05-076.05-02-47.00 14 R10 5 BRIARWOOD CT 1 5 1987 2 2133 C GD 208,600 07-OCT-22 335,000 .62
ED05-076.05-03-01.00 14 R10 2 STONEY DR 1 14 1985 1 1324 C GD 177,000 25-OCT-22 270,000 .66
ED05-076.05-04-01.132 102 R50 103 PAR HAVEN DR 1 20 1978 1 1177 C- AV 52,000 28-OCT-22 80,000 .65
ED05-076.08-02-31.00 9 R10 323 CECIL ST 1 14 1960 1 720 C- GD 70,700 14-OCT-22 110,000 .64
ED05-076.08-05-44.00 9 R10 38 N GOVERNORS AVE 1 1 1920 2 1344 C- FR 77,100 07-OCT-22 95,000 .81
ED05-076.13-02-41.00 14 R10 139 THAMES DR 1 13 1996 2 1982 C+ AV 144,100 06-OCT-22 123,000 1.17
ED05-076.13-03-02.00 14 R10 331 CHARRING CROSS DR 1 13 1998 2 1854 C+ AV 148,600 20-OCT-22 245,000 .61
ED05-076.13-04-82.00 14 R10 311 NORTHDOWN DR 1 13 2002 2 1848 C+ AV 149,200 11-OCT-22 235,000 .63
ED05-077.07-07-02.00 6 R10 116 LADY BUG DR 1 8 2010 2 1472 B- AV 184,000 24-OCT-22 260,000 .71
Page 109
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NOV 17, 2022 CITY OF DOVER PAGE: 2
11:40 AM SALES RATIO REPORT CA324
PARID NBHD LUC ADDRESS UNITS STYLE YRBLT STORIES SFLA GRADE CDU TOTAL APPR SALE DT PRICE ASR
Item #14.
ED05-077.07-07-03.00 6 R10 114 LADY BUG DR 1 8 2018 2 1220 B- AV 163,500 07-OCT-22 250,000 .65
ED05-077.07-07-76.00 6 R10 210 NOB HILL RD 1 13 2018 2 1220 B- AV 153,600 18-OCT-22 245,000 .63
ED05-077.07-08-05.00 6 R10 349 BLUECOAT ST 1 1 2018 2 1920 B- AV 242,000 07-OCT-22 336,000 .72
ED05-077.10-02-13.00 2 R10 433 COLLINS DR 1 14 1956 1 950 C- FR 94,700 06-OCT-22 63,500 1.49
ED05-077.10-02-48.00 2 R10 749 RIVER RD 1 14 1970 1 1350 C- FR 107,500 10-OCT-22 100,000 1.08
ED05-077.11-03-10.00 6 R10 16 MORIARTY ST 1 14 2002 1 1472 C AV 183,500 14-OCT-22 280,000 .66
ED05-077.11-03-13.00 6 R10 302 REGENT ST 1 14 2002 1 1472 C AV 189,400 23-OCT-22 319,000 .59
ED05-077.11-04-73.00 2 R10 461 BARRISTER PL 1 13 1972 2 1500 D+ PR 61,600 26-OCT-22 75,000 .82
ED05-077.11-05-02.00 6 R10 7 MER WAY 1 8 2018 2 1220 B- AV 167,200 07-OCT-22 250,000 .67
ED05-077.11-05-12.00 6 R10 47 MER WAY 1 8 2007 2 2290 B- AV 200,400 21-OCT-22 300,000 .67
ED05-085.06-01-28.00 11 R10 351 CRICKLE CREEK LN 1 5 2005 2 1933 B AV 219,900 20-OCT-22 360,000 .61
ED05-085.08-01-29.00 12 R10 764 OAK LN 1 16 1963 1 1927 C+ GD 203,700 15-OCT-22 302,000 .67
ED05-085.08-02-37.00 12 R10 108 SHADOW CT 1 5 1964 2 2094 C+ AV 194,800 17-OCT-22 200,000 .97
ED05-085.12-01-35.00 12 R10 233 FIDDLERS GRN 1 5 1967 2 2206 C+ GD 227,100 05-OCT-22 300,000 .76
ED05-085.12-01-62.00 12 R10 342 ALDER RD 1 5 1967 2 1802 C+ AV 164,700 28-OCT-22 295,000 .56
LC05-058.17-03-10.00 1A R10 56 PRIMROSE DR 1 11 1987 1 1296 D+ AV 95,000 28-OCT-22 203,000 .47
LC05-058.17-03-24.00 1A R10 34 PRIMROSE DR 1 11 1989 1 1080 D+ AV 80,100 28-OCT-22 195,000 .41
LC05-058.18-01-26.00 1A R10 23 KAREN PL 1 11 1995 1 1248 D+ AV 87,300 18-OCT-22 195,000 .45
LC05-058.18-01-72.00 1A R10 106 BETH PL 1 11 1993 1 1188 D+ AV 85,100 31-OCT-22 195,000 .44
Page 110
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Item #15.
Page 111
Página 112
Item #15.
CITY COUNCIL COMMUNITY ENHANCEMENT FUND
JULY 1, 2022 - JUNE 30, 2023
100-10-12-99-000-53037
Current Balance- $ 18,325.00
COM M UNI TY ENHANCEM ENT FUND - $2,500 FOR EACH COUNCI L M EM BER PER DI STRI CT AND $5,000 FOR THE AT-LARGE COUNCI L
BUDGETED AM OUNT M EM BER. THE PURPOSE OF THE FUND I S TO ALLOW M EM BERS TO CONTRI BUTE FUNDS TO A SM ALL PROJECT OR COM M UNI TY $ 25,000.00
NEEDS I N EACH DI STRI CT. Inner City Cultural League Vendor # 200
FI NAL BUDGET TOTAL $ 25,000.00
COUNCI L TOTAL YEAR TO
DATE SPONSOR VENDOR DESCRI PTI ON I NVOI CE # CHARGES DATE BALANCE
Councilman Boggerty authorized the designation of Email from Andre Boggerty dated
$100.00 of his community enhancement funds to 07/21/2022 and email from Leandra
7/26/2022 Boggerty DEMCO DEMCO for the Annual Back to School Event Marshall dated 07/13/2022 $100.00 $100.00 $4,900.00 Batch # 9222
Councilman Anderson authorized the designation of Email from David Anderson dated
$300.00 of his community enhancement funds to The 06/29/2022 and email from Tracey
7/26/2022 Anderson The 302 Movement 302 Movement for the backpack program. Weems dated 06/28/2022 $300.00 $400.00 $2,200.00 Batch # 9222
Councilman Anderson authorized the designation of
$1000.00 of his community enhancement funds to The Email from David Anderson dated
The Inner City Cultural Inner City Cultural League for the reasons stated in the 06/23/2022 and email from Elizabeth
7/26/2022 Anderson League letter. Daniels dated 06/23/2022 $1,000.00 $1,400.00 $1,200.00 Batch # 9222
Councilman Neil authorized the designation of $200.00 of Email from Fred Neil dated 08/10/2022
his community enhancement funds to Persimmon Park and email from Joyce Talley dated
8/15/2022 Neil Persimmon Park Place Place for the Backpack Giveaway 08/09/2022 $200.00 $1,600.00 $2,300.00 Batch #9391
Councilwoman Arndt authorized the designation of Email from Tricia Arndt dated
$200.00 of her community enhancement funds to 08/10/2022 and email from Joyce Talley
8/15/2022 Arndt Persimmon Park Place Persimmon Park Place for the Backpack Giveaway dated 08/09/2022 $200.00 $1,800.00 $2,300.00 Batch #9391
Councilwoman Arndt authorized the designation of Email from Tricia Arndt dated
$500.00 of her community enhancement funds to the 08/31/2022 and email from Elena
9/6/2022 Arndt Dover Art League Dover Art League for the Grand Opening Stewart dated 8/31/2022 $500.00 $2,300.00 $1,800.00 Batch # 9512
Interdenomonational Councilman Boggerty authorized the designation of Email from Andre Boggerty dated
Ministerial Alliance of $600.00 of his community enhancement funds to the 09/06/2022 and email from Theodore
9/12/2022 Boggerty Dover and Visinity (IMA) Annual Community Unity Family Day Henderson dated 9/6/2022 $600.00 $2,900.00 $4,300.00 Batch # 9567
Councilman Anderson authorized the designation of Email from Dave Anderson dated
$300.00 of his community enhancement funds to the 10/05/2022 and email from Bishop Carol
10/6/2022 Anderson The Well Church Faith and Blue Weekend E. Harris dated 10/5/2022 $300.00 $3,200.00 $900.00 Batch # 9727
Councilman Hare authorized the designation of $400.00 Email from City Clerk Bennett dated
of his community enhancement funds to the Faith and 10/05/2022 and email from Bishop Carol
10/6/2022 Hare The Well Church Blue Weekend E. Harris dated 10/5/2022 $400.00 $3,600.00 $2,100.00 Batch # 9727
Councilwoman Arndt authorized the designation of Email from Tricia Arndt dated
$150.00 of her community enhancement funds to the 10/07/2022 and email from Bishop Carol
10/7/2022 Arndt The Well Church Faith and Blue Weekend E. Harris dated 10/5/2022 $150.00 $3,750.00 $1,650.00 Batch # 9727
Councilman Rocha authorized the designation of $200.00 Email from Gerald Rocha dated
of his community enhancement funds to the Faith and 10/07/2022 and email from Bishop Carol
10/7/2022 Rocha The Well Church Blue Weekend E. Harris dated 10/5/2022 $200.00 $3,950.00 $2,300.00 Batch # 9727
Councilman Anderson authorized the designation of
$500.00 of of his community enhancement fund to Tracy Email from Dave Anderson dated
Tracy Palmer Ministries, Palmer Ministries, Inc for Thanksgiving Dinner & Winter 10/12/2022 and email/letter from Paster
10/12/2022 Anderson Inc Food Events Tracy Palmer dated 10/12/2022 $500.00 $4,450.00 $400.00 Batch #9784
Councilman Anderson authorized the designation of Email from Dave Anderson dated
$250.00 of of his community enhancement fund to 11/03/2022 and email/letter from
11/3/2022 Anderson United Way of Delaware United Way of Delaware Wonderland Coat and Toy Drive Kenyatta Livingston dated 11/03/2022 $250.00 $4,700.00 $150.00 Batch #9946
Councilwoman Pillsbury authorized the designation of Email from Julia Pillsbury dated
$500.00 of of his community enhancement fund to 11/05/2022 and email/letter from
11/7/2022 Pillsbury United Way of Delaware United Way of Delaware Wonderland Coat and Toy Drive Kenyatta Livingston dated 11/03/2022 $500.00 $5,200.00 $2,000.00 Batch #9946
Councilman Taylor authorized the designation of $650.00
of his community enhancement funds to the Hometown Email from Ralph Taylor dated
11/15/2022 Taylor Dover Police Department Holiday Event 11/15/2022 $650.00 $5,850.00 $1,350.00 Batch #9984
Councilman Boggerty authorized the designation of
$825.00 of his community enhancement funds to the Email from Andre Boggerty dated
11/16/2022 Boggerty Dover Police Department Hometown Holiday Event 11/16/2022 $825.00 $6,675.00 $3,475.00 Batch #6
$6,675.00 $18,325.00
Budgeted Amount District Council Sponsor YTD Expenditures Balance
$5,000.00 At-Large Boggerty $1,525.00 $3,475.00
$2,500.00 1st District Pillsbury $500.00 $2,000.00
$2,500.00 1st District Rocha $200.00 $2,300.00
$2,500.00 2nd District Hare $400.00 $2,100.00
$2,500.00 2nd District Taylor $650.00 $1,850.00
$2,500.00 3rd District Arndt $850.00 $1,650.00
$2,500.00 3rd District Neil $200.00 $2,300.00
$2,500.00 4th District Anderson $1,850.00 $150.00
$2,500.00 4th District Sudler $0.00 $2,500.00
TOTAL $6,175.00 $18,325.00
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Item #16.
CITY MANAGER’S
MONTHLY REPORT
October 2022
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Item #16.
Blank
Page
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Item #16.
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Item #16.
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Item #16.
October 2022 Activities October is Energy
Education Month!
• Utility Rates Increases / Billing / Public Education Visit: helpinitiativede.org
• Utility Billing, Phase 4, ERP Implementation
• Tax Collections, Agreements Or call 833-888-0410
• Recruitment
• DE&I Activities To register for a Home
• LIHEAP Program Assistance
Energy Audit
DIVERSITY, EQUITY, & INCLUSION ACTIVITIES
OCTOBER 2022
The City of Dover Customer Service Department values Diversity, Equity,
and Inclusion. We strive to provide quality services to external and
internal customers through our daily activities. This segment will
highlight activities provided to internal department staff.
• Participation in monthly D, E & I team meetings or activities.
• ERP Training Session included staff input.
• Signage to encourage inclusion of all.
• Goodwill Committee – Birthday / Life Events recognition
• Change publications and forms to multilingual (work in progress)
• Community Partners Meeting / Assistance / Education event
planning.
Customer Service Mission
Continually provide quality public service to our diverse group of customers with professionalism,
respect, & integrity. ~ City of Dover Customer Service Department
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ELECTRIC DEPARTMENT Item #16.
Electric Divisions
System Peak Total System Load Number of New
Month outages customers
Jan 21 62,356 Services
Jan 21 103.85
Feb 21 58,116 Sep 20 5 3551 Sep 20 16
Feb 21 103.54
Oct 20 5 738 Oct 20 8
Mar 21 96.05 Mar 21 56,803
Nov 20 7 3,230 Nov 20 12
Apr 21 106.06 Apr 21 52,494 Dec 20 0 0 Dec 20 15
May 21 56,801 Jan 21 1 2 Jan 21 9
May 21 135.17
Feb 21 3 1518 Feb 21 7
Jun 21 156.90 Jun 21 69,150
Mar 21 4 568 Mar 21 20
Jul 21 156.16 Jul 21 79,792 Apr 21 4 1,287 Apr 21 14
Aug 21 164.90 Aug 21 77,971 May 21 9 733 May 21 6
Sep 21 65,002 Jun 21 10 736 Jun 21 40
Sep 21 140.78
Jul 21 13 3,730 Jul 21 9
Oct 21 117.77 Oct 21 58,157
Aug 21 11 728 Aug 21 11
Nov 21 95.71 Nov 21 55,279 Sep 21 7 1,037 Sep 21 20
Dec 21 96.13 Dec 21 58,299 Oct 21 9 4,693 Oct 21 16
Jan 22 65,916 Nov 21 6 347 Nov 21 23
Jan 22 107.95 Dec 21 13 1540 Dec 21 22
Feb 22 103.87 Feb 22 55,827 Jan 22 11 1599 Jan 22 17
Mar 22 99.08 Mar 22 56,876 Feb 22 6 1005 Feb 22 8
Apr 22 50,847 Mar 22 5 512 Mar 22 18
Apr 22 92.65
Apr 22 1 350 Apr 22 20
May 22 143.11 May 22 59,233
May 22 13 4,199 May 22 21
June 22 June 22 June 22 19 6,639 June 22 11
July 22 July 22 July 22 7 357 July 22 16
Aug 22 Aug 22 8 395 Aug 22 47
Aug 22
Sep 22 6 2920 Sep 22 27
Sep 22 Sep 22
Oct 22 3 732 Oct 22 21
Oct 22 Oct 22 We have the meter; however, the information is not accurately registering. NAES
staff is working on it.
Electric Monthly Outage Report
The annual outage goal will be less than 295 minutes per customer, which is a Delaware Standard. This will be
measured by calculating the System Average Interruption Duration Index. SAIDI Long Time looks at the previous
24months of outages
FY 23 YTD FY 22 FY 21
65.61 165.71 437.62
Outages Average Response Time
Goal is less than 30 minutes
Month Year-to-date Month Year-to-date
3 24 35.67 29.98
PROGRAM UPDATES OCT 22 OCT 21 FY22 YTD
Tree Trimming 206 309 1228
Number of Oil Releases 0 0 0
Lost Time Accidents – All Electric Utility Divisions 0 0 0
New Services 21 16 111
Page 118
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Item #16.
MEMORANDUM
Department of Central Services
P.O. Box 475
Dover, Delaware 19903
Phone: (302) 674-7567
Fax: (302) 736-7178
E-mail: mhamlett@dover.de.us
TO: Dave Hugg, City Manager
Sharon Duca, Assistant City Manager
FROM: Michael C. Hamlett, Central Services Director
DATE: 11/2/2022
SUBJECT: Fiscal Year Project Update
______________________________________________________________________________
Outlined below are the stages of each project in process for Fiscal Year 2023
FC2001 City Hall HVAC Renovation: Currently under contract with Statewide Mechanical and all
equipment has been installed. We are currently awaiting the completion of the return duct
work to be completed. The contractor will begin scheduling duct cleaning in the next few weeks
to take place after hours.
EA2204 Weyandt Hall HVAC Renovation: Currently in the engineering and design phase with
E2engineering. The mechanical & electrical drawings and specifications are complete. We are
waiting on the structural drawings to be completed.
EA2202 Electric Admin Window Replacement: Is complete other than 13 windows that came in
wrong. Windows are scheduled to ship 11/16/2022.
EA2203 Weyandt Hall Window Replacement and LED Lighting Upgrade: Window installation is
90% complete. Facilities staff is currently working on LED upgrades.
LB2201 Library HVAC Controls Upgrade: Contracts are signed and currently waiting for
materials.
CS2301 Warehouse LED Lighting Upgrade: Materials are on hand and awaiting Facilities staff
completion of Weyandt Hall LED upgrade.
1
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Item #16.
Fiscal Year Project Updates
CS2302 Warehouse Replacement of Tile Flooring and Exterior Painting: Proposal for flooring
replacement has been signed with Tri-State Carpet and installation is scheduled to begin
11/28/2022. Painting has been completed.
FC2303 City Hall Window Replacement: Currently awaiting quotes
FC2304 Old Post Office Hazardous Material Abatement: Currently 95% complete and
scheduled for completion 11/18/2022.
Weyandt Hall Security Upgrades: All wiring for cameras and swipe badges has been installed;
however, we/Advantech are currently waiting for equipment to arrive. Ballistic glass has been
mostly installed; however, 2 panels came in wrong and had to be reordered, awaiting eta for
delivery.
Michael Hamlett, Central Services Director
Phone: 302‐674‐7567 Email: mhamlett@dover.de.us
2
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Item #16.
Fleet & Facilities Management Monthly Report
OCTOBER 2022
Fleet Maintenance
PM Work Orders Completed: 53 Number of Tire Repairs: 23 Number of Road Repairs: 7
Other Work Orders: 98 Repair Hours: 323 Road Repair Hours: 8
Total Work Orders: 151 Fabrication Hours: 5 Misc. Hours: -59
PM Hours: 126
# of Scheduled PM’s: 22
# of PM’s Completed: 53
Major Program Updates
OCTOBER OCTOBER
MEASURE 2022 2021 DIFFERENCE
Fleet Maintenance - Completed PM
53 out of 22 32 out of 22
appointments vs scheduled PM’s 95.46 %
240.91 % 145.45 %
(Quantity and Percentage)
Facilities Maintenance
Facilities - Routine work orders
61 out of 69 101 out of 117
completed within 5 days 2.09 %
88.41 % 86.32 %
(Quantity and Percentage)
Facilities - Emergency work orders
4 out of 4 5 out of 5
completed within 2 days 0.00 %
100.00 % 100.00 %
(Quantity and Percentage)
Facilities:
Total Work Orders Written in October: 73
Total Work Orders Completed in October: 72
(includes previous months’ W/O’s that were incomplete)
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Item #16.
HUMAN RESOURCES
October 2022
Monthly Hired vs Resigned vs Promoted
10
9
9
8 8 8 8
8
7 7
7
6 6
6
5 5 5 5
5
44 4 4
4
3 3 3 3
3
2 2 2 2 2 2
2
1 1 1 1 1 1
1
0 0 0 0 0 0
0
Oct '21 Nov '21 Dec '21 Jan '22 Feb '22 Mar '22 Apr '22 May '22 Jun '22 Jul '22 Aug '22 Sept '22 Oct '22
Hired Resigned/Term/Retired Transferred/Promoted
October – Retire 0; Resigned 5; Terminated 0
CY Hired, Resigned, Promoted
80
70 67
60 57 56
54
50 47
44 44
41 42 41
40 35
33 32
30
22
20
18
20 15
8
10
0
2017 2018 2019 2020 2021 2022
Hired Terminated, Resigned, Retired Transferred or Pormoted
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Item #16.
HUMAN RESOURCES
(Continued)
Five year Full-Time vs Part-Time Employees
450
400 31
26
23
350 31 27
300
250
200 381
362 373
340 346
150
100
50
0
Oct '18 Oct'19 Oct '20 Oct '21 Oct '22
Full-Time Part-Time
-Numbers do not reflect, temporary, seasonal, relief fire dispatchers, committee or council members
Part-time employees (4 Pitts Center, 1 Recreation, 23 Library, 2 Police Department, 1 Central Services)
EEOC Demographics
450
400
350 85 98
82
82 77
300
250
200
150 294 303 313 303
289
100
50
0
Oct '18 Oct '19 Oct '20 Oct '21 Oct '22
Caucasian Minority
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Item #16.
HUMAN RESOURCES
(Continued)
Position Hired: Motor Equipment Operator I – Water, Library Clerk I (2) (PT), Inspector I-Code
Enforcement, LAN Analyst, Police Officer (5)
Transferred/Promoted: Police Cadet
Position Terminated/Resigned/Retired/Other: Administrative Assistant -Public Works, Arborist,
Library Clerk
Positions on Terminal Leave: Customer Service Clerk (January)
Open or Currently Recruiting*
Open or Currently Recruiting by Dept. October 2022
Electric 0
Public Works 5
Police 11
Water Wastewater 0
All Other Departments 6.5
Totals 22.5
*Not used for Budgeting Purposes
Electric:
Public Works: Motor Equipment Operator I – Streets (2), Motor Equipment Operator I – Stormwater, Motor
Equipment Operator I – Sanitation, Motor Equipment Operator II - Sanitation
Police: (4) Cadet (PT), Police Officer (3), Police Clerk II, Central Services Coordinator, Communications
Operator, Animal Control Officer
Water/Wastewater:
All Other Departments: Administrative Assistant – Finance, Planner II, Library Assistant (PT), Customer Service
Clerk I, Library Assistant, Fire Dispatcher, Arborist, Administrative Assistant – Public Works
Turnover Statistics
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Total
Turnover % 6.75 11.00 10.91 6.02 12.05 8.68 15.36 10.33 9.66 13.96 9.69 15.10
Termination
Turnover % 1.08 0.29 1.47 0.57 0.28 0.54 1.92 1.36 0.54 1.42 .25 1.39
Resignation
Turnover % 4.05 5.21 5.01 2.29 7.56 6.24 7.41 5.98 6.17 7.98 7.14 8.60
Retirement
Turnover % 1.62 5.50 4.42 3.15 4.20 1.90 4.39 2.45 2.68 4.27 2.29 1.16
Other
- - - - - - 1.65 0.54 0.27 0.28 .25 0.00
2012 Healthcare cost sharing implemented 2013 Healthcare cost sharing implemented for DOE
2016 RIF in Economic Development; 2018 RIF in Electric
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Item #16.
HUMAN RESOURCES
(Continued)
Average Employees
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Total Number of
Employees Separating 25 38 37 21 42 32 56 38 36 49 38 44
from Service
Average Number of
356 333 325 331 333 340 337 340 346 **355 370 402
Full-time Employees
Average Number of 25 23
15 12 14 18 24 28 28 28 26 28
Part-time Employees
* Healthcare cost sharing implemented **Updated
Worker’s Compensation
October October
Category 2021 2022
Monthly Workers Comp. Injuries 6 2
Monthly Workers Comp. 29 25
Hours used by employees
Workers Compensation Cost FY2022
$5
$2
Department
$3
$48
Total Cost (In thousands)
Total: $58,000
*8/2021 graph changed to FY
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Item #16.
Information Technology Department
October 2022 Report
Larry Josefowski, Director
Metrics: Microsoft security scores appear to be dropping, but that is partially related to a move from Microsoft
to move more of their security tools to a tiered payment system. These tools allow these tools to be
implemented, or to provide more granularity of some of the security measures. These tools are valuable, and we
hope to implement the additional measures, but would require additional costs (about $20 per user). These
tools would be valuable in many ways, but I do not feel they are critical at this time.
Our number of tickets continue to trend above our average, which I believe reflects better tracking of the work
being done versus additional tasks. Our KnowBe4 and Cowbell metrics continue to hold steady and are likely a
better tool than the Microsoft tool. They use different methodology, including examination of other factors in
the network as well as some of the characteristics of the employees (such as the amount of training, length in
job, etc.) that gives a different perspective.
Network Security (Internal): We replaced the first distribution switch, with the other to be replaced in October.
Two switches will be redeployed for the SCADA project (details below)
Network Security (External): IT and other city departments participated in a security tabletop exercise with our
vendor. The focus was more on using IT as a conduit to wrong doing, versus a direct attack on the IT
infrastructure.
Training: Larry attended SecureDelaware, a gathering of cybersecurity experts and vendors to hear the latest
trends, threats, and protective measures. Teresa attended 4 days of local cybersecurity response training
Other: We advertised and hired for the vacant LAN Analyst position, with an anticipated start date for the new
resource of October 12th.
IT set up a mini-conference room in the City Manager area, which provides another room for remote meetings.
We have started working on dozens of telephone circuits that may (or may not) be in use. If in use, they will
need to be upgraded, but so far, many have been found to be not needed.
We continue to be part of the focus group with select other communities to develop the tools and metrics to
determine how the 2.24M in first year cybersecurity grants are going to be distributed. Meetings will increase to
every week, as the goal is to develop the initial baseline cybersecurity needs and grant proposals by the end of
the calendar year.
Tyler/Munis: We continue to work with the deployment of Tyler/Munis, and maintain the system, as well as
providing regular patching in the environment. We also worked and implemented new security measures in
some of the non-production environment.
SCADA for Electric: Switches from the manufacturer were delayed until November 2023, which prompted
discussions with other vendors. We were able to order from our local vendor all the equipment we needed, and
had a small cost savings, as well. We also are going to “borrow” 2 switches from our network upgrade, if
necessary, to get the project back on track, until those switches arrive.
INFORMATION TECHNOLOGY - 1
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Item #16.
System Security Scores Risk Score (From KnowBe4)
80% 42
60% 41
40% 40
39
20%
38
0%
37
36
Microsoft Compliance Score Microsoft Secure Store
# of Tickets/Incidents Cowbell (Insurance Vendor)
140 Score
120 75%
100 70%
80
65%
60
60%
40
55%
20
0 50%
INFORMATION TECHNOLOGY - 2
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Reference Transactions
October 2022 Item #16.
Adults 858
Teens 98
Children 956
0 250 500 750 1000 1250 1500 1750 2000
* Electronic Materials include Overdrive & Hoopla starting July 2022
Circulation Oct. '22 FYTD '23 Oct. '21 FYTD '22
Dover Residents 10,698 44,746 13,972 48,809
* Electronic Materials 4,194 17,823 3,734 14,840
Kent Residents Total - 7,368 31,125 5,868 25,036
~Harrington 47 17
~Milford 43 36
~Smyrna 358 316
~Unincorporated Kent Co. 6,920 5,499
Non-County Residents 1,358 5,286 1,120 3,926
New Registrations
Dover Residents 264 1,073 217 881
Kent Residents Total - 113 531 54 252
~Harrington 0 0
~Milford 0 0
~Smyrna 3 3
~Unincorporated Kent Co. 110 51
Non-County Residents 4 19 3 16
Registered Library Users as of 10/31/22 Registered Library Users as of 10/31/21
City of Dover Residents 17,315 City of Dover Residents 19,113
Kent County Residents 6,560 Kent Co. Residents 6,219
Sussex County Residents 251 Sussex Co. Residents 273
New Castle Co. Residents 344 New Castle Co. Residents 360
Out of State 21 Other 19
TOTAL 24,491 25,984
Other
Visitors 14,339 55,353 12,076 49,506
*Visitors - Curbside Pick-up 0 0 0 0
Meeting Room Usage 3,071 7,154 2,267 9,557
Photocopier Usage 131 1,352 270 1,194
Computer Printing Usage 2,650 10,342 2,180 8,271
Computer Users 1,586 6,574 1,521 5,164
Wireless Computer Users 1,521 5,965 1,002 3,557
Inter/Intralibrary - Loaned 32 38
Inter/Intralibrary - Borrowed 120 50
Holds Sent 2,748 2,092
Holds Received 1,992 1,841
TOTAL 4,892 20,736 4,021 19,703
Tech Services/Items Added 1,275 1,493
Tech Services/Items Deleted 1,420
284 1,504
Passport Services/Customers 213 581 132 639
Passport Services/Revenue $8,773 $32,191 $5,356 $25,461
Monthly Highlights
►305 attended / viewed 41 programs for adults.
►351 attended / viewed 12 program for teens.
►2,496 attended / viewed 43 programs for children.
► 0 volunteers.
* Estimated Figure
Page 128
Página 129
Parks & Recreation Item #16.
Monthly Report - October 2022
Parks & RecreaƟon Highlights
John W. PiƩs RecreaƟon Center was alive with several special events, such as the Delaware Special Olympics
bocce ball qualifier, the Dover Police Academy conducted training sessions and the Early College High School
hosted a Volleyball Match.
13 Park Pavilion permits were issued in October.
The AARP Grant for bike repair stations have been purchased for SchuƩe Park and Silver Lake Park.
Repairs were made to the exis ng bike repair sta on at the Library.
CIP Projects: Dover Park Building & Splash Pad con nue to be delayed in the Planning Office. The
Skate Park is underway with electric installed at Schu e Park. The Dog Park (Schu e Park) is slated for
later this fiscal year.
Capital Holiday Fes val ‐ December 1st
Annual Food Drive is in full force!
Donate today!!!
Recreation Revenue Breakdown
Please donate – dona ons benefit families in your
community!
Beginning November 4 thru December 1st,
non‐perishable food will be collected & distributed
to our local food banks. Join us in looking through
October the pantry or picking up an extra can or two of
October 2021
General Recrea on $1,007.00 your favorites to donate. Dona on boxes will be
General Recrea on $520.00
Trips $600.00
Leagues $5,877.00 available at these City of Dover loca ons: City Hall,
Camps 0
Bldg./Field/Pavilions $200.00 Weyandt Hall, Dover Public Library and the John
Leagues $4,120.00 Trips $110.00
Bldg./Field/Pavilions $2,240.00 Youth Connec ons $2,415 W. Pi s Recrea on Center.
Sports $130.00
JWP Program Oct FYTD FYTD October Outdoor Sports & Leagues
Oct 21 ParƟcipant & Spectator Count
ParƟcipants 22 23 22
AcƟvity ParƟcipants Spectators LocaƟon
General Recrea on 180 625 90 242
Senior So ball League Schu e Park
Open Gym 91 347 205 623 Youth Soccer League Schu e Park
Sports 350 597 0 0 Healthy Kids Running Schu e Park
Coming Soon!
DHS Cross Country Schu e Park
Leagues 1,742 8,726 109 576 CMS Cross Country Schu e Park
Page 129
Página 130
Item #16.
Grounds Monthly Report
Oct-22
Arborist Crew: Arborist Crew
- Continued tree trimming of street trees. Tree Work Completed
- Starting trimming trees & fixing holiday lights on Tree's Trimmed 90
the plaza. Tree's Removed 2
Root Pruning 0
Beautification Crew: Stumps Removed 4
- Started prepping for tulip planting. Trees Planted 0
- Re mulched Turnberry and planted grasses.
Mowing Crew:
- Mowing routes are on schedule.
- Mowers were serviced on rainy days.
Litter Removal:
- Litter is being picked up on city property as per the weekly schedule.
- Litter person has been diligent in the reporting of destruction in City parks.
- 469 Total 90 gallon cans collected.
Parks Crew:
- Continued to prep softball fields for games.
- Continued picking up trash and debris in parks.
- Finished Concerts on the Green.
- Lined fields for soccer league.
- Fixed bike repair station at the library.
Miscellaneous:
- Bush hogged various locations for the fall mowing schedule.
- Removed 11 shopping carts from City owned property.
- Completed 3 yard repairs.
- Silver Lake draw down completed.
- Blew out irrigation system.
Page 130
Página 131
Item #16.
Trees Trimmed
150
100
50
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022
Trees Removed
40
30
20
10
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022
90 Gallon Litter Cans Collected
700
600
500
400
300
200
100
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022
Page 131
Página 132
Item #16.
October 2022 Procurement & Inventory Report
Measure FY 2023 FY 2022 DIFFERENCE
Issue Effectiveness – How often the
FY 2023 (To date) FY 2022 (Total)
warehouse has what the departments
[579/ (579+127)] *100 [1610/ (1610+241)] *100 -4.97%
need when it’s needed.
82.01% 86.98%
[issues / (issues + back orders)] * 100
Turn Over Rate – Indicates that the
material stocked is the material being -0.05 Turnovers per
0.89 Turnovers per year 0.94 Turnovers per year
used. (2020-2021 Goal 1 per year) year
WITHOUT TRANSFORMERS
FUEL USE FY 2023 TO DATE FY 2022 TO DATE STOCK WITH OVER 60 MONTH SUPPLY (5 YEARS)
Unleaded: 50,616 gallons 48,800 gallons Electric: $ 416,469.71 209 Line Items
Diesel: 27,120 gallons 26,674 gallons Water: $ 14,159.75 35 Line Items
Dollars Spent: $277,678.37 $176,970.80 General: $ 21,093.60 84 Line Items
Total: $ 451,723.06 328 Line Items
Purchase Orders for Stock by Fund Issues from Stock by Fund
FY 2023 TO DATE FY 2022 TO DATE FY 2023 TO DATE FY 2022 TO DATE
Electric: $244,904.72 $750,830.30 Electric: $661,994.34 $639,304.90
Water: $40,908.40 $28,466.60 Water: $22,321.73 $23,877.28
Wastewater: $0.00 $0.00 Wastewater: $32.14 $3,124.52
General: $31,503.06 $40,760.30 General: $54,884.19 $42,550.24
Total: $317,316.18 $820,057.20 *Total: $739,232.40 $709,078.70
Warehouse Stock Money Spent for Postage/Postal Services
FY2023 FY2022 FY 2023 TO DATE FY2022 TO DATE
Total Dollar Value: $2,670,887.46 $2,447,063.63 $60,305.69 $53,572.61
Total Line Items: 1,002 1,014
* Total of Issues from Stock by Fund includes Issues from Electric Returns (ER) warehouse.
Current Bid/RFP Status
BID REQUESTING
COMMODITY TERM Status as of November 1, 2022
NUMBER DEPARTMENT
College Road Pump Station 23-0001WW One Time Water/Wastewater Forwarded to W/WW on 9/7/2022
235-239 W Loockerman Street
23-0003PI One Time Planning/Inspections Forwarded to Inspections on 10/26/2022
Demolition
Bid opening scheduled for November 15, 2022 @ 2:00
Williams Park Pipe Replacement 23-0004PW One Time Public Works
PM
FY23 Street and Alley Program 23-0005PW One Time Public Works Bid opening scheduled for December 8, 2022 @ 2:00 PM
Page 132
Página 133
Item #16.
DEPARTMENT OF PUBLIC WORKS
October 2022 MONTHLY REPORT
GIS
GIS PROJECT HOURS
Create Data Requests Printing Technical Support Updates Configure Training
18%
27%
12%
4%
0%
14%
25%
GIS PROJECT HOURS
Other
City-Wide
DWW
DPW
Tax
Mayor
IT
Cust. Service
Dover PD
City Manager
City Clerk
Planning & Insp.
Library
Parks & Rec
Electric
0 5 10 15 20 25 30 35 40
GIS Project Hours
Page 133
Página 134
Item #16.
SANITATION
MONTHLY REFUSE (TONS)
Bulk Rear Automated
943.45
919.01
889.91 888.37 879.47 885.75
846.68 861.69 865.91
840.53
792.94 798.79
720.09
143.96 174.23 129.76 155.48
136.88 128.04 121.09 116.32 113.92 95.93
83.01 72.46 155.37 147.1
150.58 138.41 156.68
71.85 124.26 128.4 135.88 146.31 127.28
118.57 106.41 81.45
OCT 21 NOV 21 DEC 21 JAN 22 FEB 22 MAR 22 APRIL 22 MAY 22 JUNE 22 JULY 22 AUG 22 SEPT 22 OCT 22
SANITATION HOURS
October 2021 Data Unavailable
600
503.5
500 447
400 355
305.5
300
200
100
0 0 0 0
0
Bulk Automated Hand Trash Yard Waste
Oct 2021 Oct 2022
SANITATION Oct 22 FYTD 23 Oct 21 FYTD 22
Trips to DSWA Sandtown Landfill 203 847 Unavailable 442
Total Tonnage to DSWA 1,022 4,454.59 1,135 4,958
90-gallon Containers Delivered 102 260 Unavailable 116
300-gallon Containers Delivered 2 2 Unavailable 1
Total Man Hours Containers Delivered 26 100 Unavailable 50
CURBSIDE RECYCLING TOTAL CANS COLLECTED TOTAL ACCOUNTS WEIGHT (LBS) AVE. WEIGHT (LBS)
October 2022 20,546 9,928 274,180 13.34
Page 134
Página 135
Item #16.
STREETS / STORMWATER
MONTHLY STREET SWEEPING & LEAF COLLECTION
Sweeper Waste (cu.yd.) Street Sweeping (miles) Leaf Collection (miles) Leaf Debris (cu.yd.)
5579 5552
757
3451
3605
1125
1370
93.5 410
1170331
75 0 1345 0
43
140
78 0
970
0 0 1204 1
6 0 78.5 634645
585
0 1208 1630
0 0 0
1085
135
92
1783
0 0 0 0 0
1570
0 Leaf Collection (miles)
133.5
122 0
1914
0 0
122 0 0
Sweeper Waste (cu.yd.)
STREETS / STORMWATER October 22 FYTD 23 October 21 FYTD 22
Signs Installed 5 29 1 36
Signs Repaired 10 70 11 99
Curbs Painted Yellow (ft) 1185 1,716 0 4,225
New Posts Installed 11 39 5 17
Storm Catch Basins Repaired 0 6 0 4
Storm Catch Basin Repairs (hrs) 0 16.5 0 19.75
Storm Catch Basins Cleaned (l.f.) 0 0 0 5
Storm Catch Basin Cleaning (hrs) 0 2.75 0.5 7.5
Hot Mix Patching (tons) 3 31.25 17.38 31.37
Hot Mix Patching (hrs) 8 82.5 28 42.5
Cold Mix Patching (hrs) 10.25 52.25 4 32.0
Concrete Work (hrs) 32 224 64 291.5
Concrete Patching (cu.yd.) .44 39.18 19.63 66.16
Ditch Work (hrs) 0 4 0 0
Street and Alley Maintenance (hrs) 0 8 0 4
Street Sweeping (miles) 970 3,290.5 1,370 5,285
Street Sweeping (cu.yd.) 122 469.5 140 430
Leaf Collection (miles) 585 585 1,125 1,125
Leaves Collected (cu.yd.) 1085 1085 757 757
Page 135
Página 136
Item #16.
CITY OF DOVER
DEPARTMENT OF WATER & WASTEWATER
MONTHLY REPORT
Oct-22
This chart indicates the amount of money the City is
spending on treating ground and / or rain water Inflow & Infiltration Costs
through Kent County. This cost is being offset by the
$200,000.00 Ground Water Inflow Adjustment rate passed on to the
customers. The July and September flow is showing as
a negative cost due to the timing of the Kent County
reporting vs the timing of the City billing.
$150,000.00
$100,000.00
$50,000.00
$-
Oct-21 Nov-21 Dec-21 Jan-22 Feb-22 Mar-22 Apr-22 May-22 Jun-22 Jul-22 Aug-22 Sep-22 Oct-22
$(50,000.00)
I & I Cost
Water & Wastewater Repairs
7 Water mains and services are typically repaired at a higher rate
when drastic change in temperature occurs. This freeze and
thaw cycle expands and contracts the soil, causing cracks in the
6 water line. This was evident in the month of January 2022, 6
water main breaks.
5
4
3
2
1
0
1-Oct 1-Nov 1-Dec 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct
Water Mains Repaired Water Services Repaired Wastewater Mains Repaired Wastewater Laterals Repaired
This chart indicates the number of
Number of Brown Water Complaints complaints the Department receives.
Please note that our flushing
14 operatinons occured in October 2021,
March and October 2022, hence the
higher volume. Volume was high in
12 January 2022 due to a private issue at
Delaware State University.
10
8
6
4
2
0
1-Oct 1-Nov 1-Dec 1-Jan 1-Feb 1-Mar 1-Apr 1-May 1-Jun 1-Jul 1-Aug 1-Sep 1-Oct
Number of Brown Water Complaints Linear (Number of Brown Water Complaints)
Diversity, Equity and Inclusion Activities
Sending all staff to Unconscious Bias training – this will provide some enlightenment to staff members on the pitfalls of bias.
We are sending office staff out to meet with field staff to collaborate on current operational and future capital projects to gather
insight from all team members
Two (2) staff members have joined the Diversity, Equity and Inclusion committee. This will hopefully open up some ideas from
other City team members on what they are trying to accomplish. Attended June meeting and participated with entire committee.
A Department wide picnic occurred on September 30, 2021. The team was able to come together and talk about the vision of the
Department and where we want to go. An emphasis was provided to the team to provide any and all ideas to grow the
Department. A Department wide event was held on May 2, 2022 to celebrate National Drinking Water Week. A State of the
Department is scheduled for late July / early August to bring team together.
One on one sessions with all team members and the Director to solicit any ideas and / or improvements for the Department has
been initiated and conversations have been promising.
Encouraged and provided all staff the ability to participate in the DEI survey to understand the needs and desires of City staff.
90 % of the team attending the "Together We Succeed" cookout
Emergency Exercise including three (3) different divisions, requested feedback and input during event
Team members attended a Coffee & Conversation meeting at the Pitts Center
Page 136
Página 137
Item #17.
City Planner’s Monthly Report
Department of Planning & Inspections
OCTOBER 2022
Planning & Inspections Highlights
Some Items to Call to Your Attention
October was recognized as National Community Planning Month by a proclamation of
City Council.
Planning Staff was involved with the review of 73 Building Permits and 13 Certificates
of Occupancy permits that were issued for a calendar year total of 884. This tally
amount is higher than the last few years when compared to a 2021 year-to-date total
of 707 Permits and COs and 2020 year-to-date total of 653 Permits and COs; it is more
inline with pre-pandemic Permit volumes experienced.
As mentioned in recent monthly reports, the business license renewals were sent out
in early July, 2022. As of October, the Permits and Licensing Office has collected
$1,384,887 which is 96% of our Planning and Inspections revenue budget for business
licenses.
In September the Inspections and Permitting Division conducted 269 building inspec-
tions and on-site meetings; conducted 352 plumbing/mechanical inspections and is-
sued 13 certificates of occupancy, compared to last year at this time of 292 building
inspections, 295 plumbing/mechanical inspections and 7 certificates of occupancy.
In October 2022, Residential Building Permits were issued for 5 single family detached
dwellings units (By Chatham Bay) and 3 Townhouse units (by D.R. Horton) in Eden Hill
Farm TND: Residential District, 5 Townhouse Units and a single family detached dwell-
ing in Patriot Village, a single family detached dwelling in the Downtown Development
District, and a manufactured home placement in Persimmon Park Place.
Building Permits activities focused on renovation projects including renovations in
Kohl’s, office renovations on Silver Lake Boulevard, tenant space renovations at 506
Jefferic Boulevard, and a retail tenant expansion in the Dover Mart Shopping Center.
Certificates of Occupancy were issued for the tenant fit-out of CSL Plasma Center in
the Center at Dover and for a tenant fit-out of office space in Courtney Square.
The Code Enforcement Division welcomed Code Enforcement officers Michael Bailey
and Ray Morris to the team and the Code Enforcement team is now fully staffed. A to-
tal of 243 (248 in October 2021) enforcement cases were opened, 47 (71 in October
2021) annual rental inspections and a total of 802 inspections (740 In October 2021)
were conducted in October 2022.
Page 137
Página 138
Item #17.
PROGRESS IN PICTURES
Macy’s Omni Service Center
1365 N DuPont Highway
127 S. Queen Street
76 Spruance Road
133 S. Queen Street
Page 138
Página 139
Item #17.
PROGRESS IN PICTURES
49
S.
Temporary Certificates of Occupancy for Townhouse Units in Eden Hill Farm TND
239 Tea Party Trail
at 500, 502, 504, 506, 508 Ridgely Boulevard
Patriot Village
Dover Comprehensive Treatment Center -
429 South New St.
Temporary Certificates of Occupancy for Townhouse Units in Eden Hill
Farm TND at 510, 512, 514 Ridgely Boulevard
Page 139
Página 140
Item #17.
Planning & Inspections Revenue
FY2023 Draft
Revenue
Estimates for FY2022 Actual
Revenue Stream Budget (YTD) October % of Budget
Business License $1,450,000 $ 1,384,887 96%
Manufactured Home License $16,000 $ 12,235 76%
Building Permits $550,000 $ 255,004 46%
Cert. of Occupancy $8,000 $ 6,735 84%
Public Occupancy $45,000 $ 3,065 7%
Lodging House $14,000 $ 28 0%
Plumbing/Heating/Air $80,000 $ 47,790 60%
Rental Inspection Fee $410,000 $ 7,950 2%
Miscellaneous $20,000 $ 6,248 31%
Fire Protection Fees $70,000 $ 36,964 53%
Code Enforcement Fines $60,000 $ 45,025 75%
Vacant Building Reg. $70,000 $ 14,250 20%
Total P&I Revenue $2,793,000 $ 1,820,181 65%
Department Operations—Planning Office
October was recognized as National Community Planning Month by a proclamation of City Council.
Planning Staff (Mary Ellen Gray, Dawn Melson-Williams, and Julian Swierczek) attended the APA DE Con-
ference (American Planning Association – Delaware Chapter) on October 5-6, 2022 as a virtual event. Ses-
sions focused on the theme of “Connecting Our Future Climate, Conservation, Equity and Health.” Then
later in October, Dawn Melson-Williams attended the Preservation Delaware Historic Preservation Con-
ference as also a virtual conference.
The Meetings of the Boards and Commission supported by the Planning Office continue to be presented
in the Hybrid format with both In-Person and Virtual (using WebEx) meeting options for participation.
Electronic communications and conducting Meetings and Trainings in virtual formats are commonplace
due to realized efficiencies.
PLANNING OFFICE—Permit Reviews
The Planning Office is part of the review process for certain types of construction activity permits
(Building Permits, Sign Permits, etc.) and Certificate of Occupancy permits in order to confirm compliance
with the Zoning Ordinance provisions. For October 2022, Planning Staff was involved with the review of
73 Building Permits and 13 Certificates of Occupancy permits that were issued for a calendar year total of
884. This tally amount is higher than the last few years when compared to a 2021 year-to-date total of
707 Permits and COs and 2020 year-to-date total of 653 Permits and COs; it is more inline with pre-
pandemic Permit volumes experienced. Staff also reviews new applications for Business Licenses and
Rental Dwelling Permits.
Page 140
Página 141
Item #17.
COMPREHENSIVE PLAN IMPLEMENTATION
2019 Comprehensive Plan
Implementation of the 2019 Comprehensive Plan continues as Departments citywide focus on the plan im-
plementation items as found in Implementation Plan (Chapter 15) items such as the projects, studies, code
amendments, and other activities. A copy of the Final Plan (as amended) is available on the Comprehensive
Plan website: https://www.cityofdover.com/2019-comprehensive-plan. Visit the Dover Parcel and Zoning
Viewer on the City’s website to see zoning information for properties located in Dover. Use the Quick Link
on the main page www.cityofdover.com.
• DAFB Compatible Use Study: City Planning Staff is part of the Technical Committee for the DAFB Com-
patible Use Study. As part of a Department of Defense program initiative, DelDOT is leading this study
of uses in a Study Area of a 5-miles radius of the Dover Air Force Base. Consultant assistance for the
Study includes the University of Delaware – Institute for Public Administration and Century Engineering.
A second Public Workshop was held on October 4, 2022 for redevelopment visioning for a borrow pit
area. See the project website for more information on activities: https://deldot.gov/projects/Studies/
dafb/
• Downtown Dover Strategic Master Plan: The Downtown Dover Partnership has retained consult ser-
vices for the development of a Strategic Master Plan. The Project Team lead by Mosaic Development
Partners is analyzing data and refining concepts. See the project webpage for more information activi-
ties: https://www.downtowndoverpartnership.com/ddp/Downtown-Dover-Strategic-Master-Plan/
CONSTRUCTION ACTIVITY
• In October 2022, Residential Building Permits were issued for five (5) single family detached dwellings
units (By Chatham Bay) and three (3) Townhouse units (by D.R. Horton) in Eden Hill Farm TND: Resi-
dential District, five (5) Townhouse Units and a single family detached dwelling in Patriot Village, a sin-
gle family detached dwelling in the Downtown Development District, and a manufactured home place-
ment in Persimmon Park Place.
• Temporary Certificates of Occupancy were issued to eight (8) Townhouse Units in the 500 Block of
Ridgely Boulevard in Eden Hill Farm TND: Residential District. A Certificate of Occupancy was issued to
a single family detached dwelling on Spruance Road and for two (2) single family detached dwellings in
the Downtown Development District Area.
• Building Permits activities focused on renovation projects including renovations in Kohl’s, office renova-
tions on Silver Lake Boulevard, tenant space renovations at 506 Jefferic Boulevard, and a retail tenant
expansion in the Dover Mart Shopping Center.
• Certificates of Occupancy were issued for the tenant fit-out of CSL Plasma Center in the Center at Do-
ver and for a tenant fit-out of office space in Courtney Square.
OCTOBER 2022 (FY23) TOTAL FOR FY23
New Home Permits Issued 15 64
Value of Commercial Projects $7,533,071.00 $16,590,381.00
Downtown Incentives (Fees Waived) $1591.00 $10,905.00
Page 141
Página 142
Item #17.
BOARD AND COMMISSION ACTIVITY
The October Meetings of the Boards and Commissions supported by the Planning Office were held in the Hybrid For-
mat with the In-Person Meeting and a Virtual Meeting option using the WebEx telephone/video conferencing
platform.
Board of Adjustment:
The Board of Adjustment did not meet on October 21, 2022. The next Board of Adjustment meeting is scheduled for
November 16, 2022.
Historic District Commission:
The Historic District Commission met on October 20, 2022. The next Historic District Commission meeting is sched-
uled for November 17, 2022. At the Meeting, the Commission heard activity reports and considered Determination
of Demolition by Neglect and Architectural Review Certification for Demolition Activities for the following applica-
tion.
• HI-22-07 Referral of Demolition Activities for 233-239 W. Loockerman Street—The Historic District Commission
determined that Demolition by Neglect was occurring and then considered the Architectural Review Certification
for the building at 233 to 239 W. Loockerman Street, Dover, Delaware for the demolition of the structure. The
Commission in considering the proposal for demolition approved a motion to require that disposition of the
property be evaluated for possible reconstruction and for the continued evaluation of saving the structure (by
referring it back to the City Planning Staff and prospective investors); with this action the Commission did not
grant approval of the Architectural Review Certification to authorize demolition of the building. The property
that was declared a Dangerous Building by City Council on August 15, 2022. The property is zoned C-2 (Central
Commercial Zone) and subject to the H (Historic District Zone). The property is located at the northeast corner of
West Loockerman Street and South New Street. The owner of record is SAG Holdings, LLC. Property Addresses:
233-239 W. Loockerman Street and 149 S. New Street. Tax Parcel: ED-05-077.09-01-50.00-000. Council District 4.
Planning Commission:
The Planning Commission met on October 17, 2022 to consider several new applications. The next Planning Commis-
sion meeting is scheduled for November 21, 2022.
• SB-22-05 Lands of NCALL at 217, 225, 235 North Kirkwood Street: Minor Subdivision Plan – The Planning Com-
mission granted approval of a Minor Subdivision Plan to subdivide three (3) existing properties consisting overall
of 44,326.66 SF +/- (1.0176 acres +/-) into four (4) new properties, with the remaining land area to be dedicated
to the City of Dover for the purpose of expanding the Mary and Kirkwood Streets Park. From south to north, Lot
1 is to be 0.1665 acres+/-, Lot 2 is to be 0.1665 acres+/-, Lot 3 is to be 0.1791 acres+/-, Lot 4 is to be 0.1791
acres+/- and the remaining land area (0.1685 acres +/-) is to be dedicated to the City of Dover for the purpose of
expanding the adjacent Mary and Kirkwood Streets Park. The Mary and Kirkwood Streets Park will then total
0.3255+/- acres in size. The parcels subject to this Minor Subdivision Application lay on the east side of North
Kirkwood Street, south of Mary Street. The three (3) subject properties are zoned RG-1 (General Residence Zone)
and are currently undeveloped. Tax Parcel Numbers: ED-05-076.08-02-20.00-000, ED-05-076.08-02-21.00-000,
ED-05-076.08-02-22.00-000, ED-05-076.08-02-23.00-000. Council District 4.
• Z-22-03 Lands of Silver Linings Holding Corporation at 630 W. Division Street – The Planning Commission recom-
mended approval to City Council for a Rezoning Application for a parcel of land consisting of 1.0853 acres
(47,275.3 SF +/-). The property is zoned C-3 (Service Commercial Zone) and subject to the COZ-1 (Corridor Over-
lay Zone). The proposed zoning is C-2A (Limited Central Commercial Zone) and subject to the COZ-1 (Corridor
Overlay Zone). The property is located on the south side of West Division Street and opposite the intersection
with Ridgely Street. Tax Parcel: ED-05-076.08-01-40.01-000. Council District 4. Ordinance #2022-12.
Page 142
Página 143
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Item #17.
CDBG FY21 Projects
• Homeownership Assistance Program
CDBG funds will be used to provide homeownership assistance to first-time
homebuyers who purchase affordable housing in the City of Dover. One (1)
family has purchased a home and one (1) family is scheduled to close on a
property in early December.
• Dover Interfaith Mission for Housing (DIMH)
CDBG funds will be used to provide operations cost for the shelter. DIMH has
purchased a building for its new shelter location that will be renovated with
CDBG funds. The project is underway.
• Central Delaware Housing Collaborative
CDBG funds will be used to provide operations cost for a women’s shelter.
This project is underway.
• Milford Housing Homeowner Rehabilitation/Emergency Home Repair Pro-
grams
CDBG funds will be used to rehabilitate existing owner-occupied housing in
the City that is in violation of the City’s Housing Code and complete emergen-
cy home repairs to eliminate housing conditions that threaten the health and
safety of low-income homeowners. Emergency Home Repairs have been
completed on two (2) owner occupied homes and two (2) single family homes
have been renovated.
• American Rescue Act (ARPA) Funding
City Council approved to award a little under $1.8 million in grant funding for
Housing and Community Service projects. All projects are underway. Dover
Interfaith Mission for Housing has expended $50,000 in ARPA funding provid-
ing motel vouchers and rental assistance in response to those persons affect-
ed by COVID-19 and the Department of Health and Social Services has spent
82% of their grant award by providing motel vouchers and utility payment as-
sistance in response to persons affected by COVID-19. A total of $753,371 or
40% of funds have been spent on all projects year to date.
Page 143
Página 144
Item #17.
CODE ENFORCEMENT ACTIVITY
Current LY Month Change %
YTD Total
Month FY23 YTD Total Changed
Case Type Total Total +/- FY 22 YTD
No Valid Rental Permit 3 1 200% 10 12 -17%
No Valid Building Permit 3 3 0% 29 26 12%
Tall Grass and Weeds 38 12 217% 205 350 -41%
Additional Tall Grass and Weeds 5 1 400% 47 40 18%
Abandoned Vehicle 8 24 -67% 35 112 -69%
Annual Housing Inspection 47 71 -34% 198 389 -49%
Property Maintenance Exterior 22 18 22% 166 305 -46%
Electric Termination 5 18 -72% 16 51 -69%
Dover Code of Ordinances 46 67 -31% 298 349 -15%
Dangerous Buildings 9 4 125% 32 21 52%
Zoning 0 3 -100% 6 10 -40%
#DIV/0! #DIV/0!
Total Cases 243 248 -2% 1,266 1,781 -29%
Total Inspections 802 740 8% 3,719 3,796 -2%
Total Admin Inspections 2 12 -83% 109 99 10%
Total # of Violations 291 530 -45% 1,852 2,555 -28%
Dangerous Buildings, Vacant Buildings & Demolitions
Vacant Buildings currently registered - 146
Dangerous Buildings – 45
235-239 W Loockerman Street - Demolition to begin December 5th, 2022.
37 S New Street - Demolition will begin in the beginning of December.
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Building Inspections & Licensing Summary Item #17.
July 2021—
July 2022–
Current June 2023 OCTOBER 2021 June 2022
PERMITTING AND LICENSING
Permits Issued OCTOBER
(2022) OCTOBER
FY 23 FYTD 23 (2021) FY22 FYTD 22
Administrative Permit
7 27 5 25
Building Addition/Renovation Permits 25 108 24 128
Building Permits
26 127 28 92
Demolition Permits
0 10 2 5
Fence Permits 17 174 16 53
Fire Prevention Permits 6 23 4 20
Mechanical Permits
55 177 38 126
Plumbing Permits
45 137 34 86
Sign Permits 10 31 7 64
Swimming Pool Permits
2 7 0 1
Subtotal 821 600
Business Licenses 49 1625 68 1614
Merchant Licenses
23 284 12 291
Contractor Licenses
61 1051 46 1055
Subtotal 2960 2960
Lodging House Licenses
0 3 1 14
Public Occupancy
9 54 4 62
Rental Dwelling 25 99 13 74
Subtotal 156 150
Manufactured Homes
15 264 11 248
BUILDING INSPECTIONS
Inspections OCT (2022) OCT (2021)
FY 23 FYTD 23 FY22 FYTD 22
Building (Inspections/CBI/Site Meetings)
269 1390 292 1062
Plumbing/Mechanical
352 1558 295 1169
Certificate of Occupancy
13 69 7 24
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Item #17.
Fire Marshal’s Office—At a Glance October 2022
The Fire Marshal’s Office staff investigated Seven
(7) incidents during the month of October. This
pictures shows how a Fire Stop device, added to a
residential kitchen hood, extinguished a fire before
it got out of control.
Our office has seen an increase in incidents this
month over last year.
Staff is conducting Annual Fire and Life Safety In-
spections at mercantile occupancies.
Month Year to Date Previous Year to Date
Annual Fire & Life Safety Inspections 15 103 128
Deficiencies From the Above Inspections 43 525 871
Fire Code Violations/Deficiencies/Complaints 39 124 145
C/O & Fire Equipment Acceptance Tests 18 61 38
Meetings & Walk Through 18 75 76
Fire Plan Review & DAC 12 49 37
Month Year to Date Previous Year to Date
Accidental 6 totaling $50,000 14 totaling $237,601 6 totaling $26,001
Undetermined 1 totaling $10,000 1 totaling $85,000 1 totaling $20,000
Incendiary 0 3 totaling $4,000,002 1 totaling $1,500
Arrest Made with DPD 0 1 0
Investigation Time 19 74 hours 39 hours
Injuries 0 0 2
Deaths 0 1 0
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Item #18.
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Página 148
Item #18.
Finance Department Monthly Report October 2022
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Página 149
Item #18.
Finance Department Monthly Report October 2022
CITY OF DOVER
ACTIVITY REPORTS
October 2022
FINANCE DEPARTMENT ACTIVITY LEVELS
FY22 YTD FY23 YTD
BANK TRENDS
Number of Deposits Made (Hand, ACH & Wire, Lockbox) 2,284 2,275
Total Amount of All Deposits $ 78,089,186 $ 89,855,436
Other Activity
Number of Pay Periods 9 9
Number of Payroll Checks & Direct Deposits Issued 3,745 3,745
Number of Pension Checks Issued 1,075 1,073
Total Pension Benefits Paid - Defined Benefit Plan $ 2,042,801 $ 2,030,411
ACCOUNTS PAYABLE
Number of Check Vouchers 2,035 2,381
Number of EFT Vouchers 911 1,136
Vouchers Dollar Amount Disbursed $ 26,424,224 $ 36,246,153
$22,962
$25,055
FY22 YTD Wages FY23 YTD Wages
$22,258 $442,138 $21,776 $319,323
$136,625 $73,882
$327,160 $269,598
$766,001
$757,249
$709,477
$746,590
$6,328,127
$6,759,397
Regular Regular
All over time All over time
Vacation Vacation
Sick Sick
Terminal Leave - Retiree Vacation/Sick Payout Terminal Leave - Retiree Vacation/Sick Payout
Personal Personal
Other Comp Time Other Comp Time
Page 3
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Página 150
Item #18.
Finance Department Monthly Report October 2022
City of Dover
General Fund Summary
Fiscal Year to Date (October 2022)
Revenues
Original Budget Actual %
Property & Transfer Taxes $ 17,625,000 $ 16,852,761 96%
Program Revenues 10,329,400 5,120,889 50%
Utility Transfers 10,000,000 3,333,328 33%
Grants 1,051,000 87,430 8%
Interfund Services 6,181,400 1,947,353 32%
All Other 1 820,000 184,804 23%
$ 46,006,800 $ 27,526,566 60%
Expenditures
Original Budget Actual %
Program Expenses $ 31,054,300 $ 9,140,859 29%
Interfund Services 11,588,500 3,600,214 31%
Debt Service 630,000 210,466 33%
Post Retirement Benefits 2,328,500 776,164 33%
Pension Fund Contributions 1,000,000 - 0%
Capital Project Transfers 3,536,500 1,768,250 50%
All Other 2 2,210,400 399,868 39%
$ 52,348,200 $ 15,895,821 31%
1
Includes Cable Franchise Revenue, Miscellaneous Receipts, Garrison Farm Rent, Sales of Assets, Fund
Invest Manager Cost.
2
Includes Bank and CC Fees, Street Lights Expense, DDP Contribution, Trf to Cable Franchise Reserve, Trf to
Electric I & E, and Trf to Electric Revenue Fund, Trf to Uncollectible Reserve and Misc. Grant Expense.
Page 4
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Página 151
Item #18.
Finance Department Monthly Report October 2022
General Fund Revenues
$20,000,000
$18,000,000
$16,000,000
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Property & Transfer Taxes Program Revenues Utility Transfers Grants Interfund Services All Other 1
Original Budget Actual
General Fund Expenditures
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
Program Expenses Interfund Services Debt Service Post Retirement Benefits Pension Fund Contributions Capital Project Transfers All Other 2
Original Budget Actual
Page 5
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Página 152
Item #18.
Finance Department Monthly Report October 2022
City of Dover
Water Fund Summary
Fiscal Year to Date (October 2022)
Revenues
Original Budget Actual %
Customer Sales $ 6,500,000 $ 2,616,793 40%
Impact Fees 220,000 132,729 60%
Rents 425,400 399,756 94%
Miscellaneous 1 59,600 52,566 88%
$ 7,205,000 $ 3,201,845 44%
Expenditures
Original Budget Actual %
Program Expenses $ 3,228,600 $ 1,071,449 33%
Interfund Services 1,096,400 352,220 32%
Debt Service 692,000 201,723 29%
Post Retirement Benefits 207,400 69,132 33%
Capital Project Transfers 920,700 460,350 50%
Electric I&E Fund Transfer 25,000 - 0%
General Fund Transfer 1,000,000 333,332 33%
All Other 2 72,000 12,313 46%
$ 7,242,100 $ 2,500,518 35%
1
Includes Penalties, Income from Sale of Assets, Miscellaneous Income, and Reconnect Fees.
2
Includes Bank & CC Fees.
Page 6
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Página 153
Item #18.
Finance Department Monthly Report October 2022
Water Revenues
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$-
Customer Sales Impact Fees Rents Miscellaneous 1
Original Budget Actual
Water Expenditures
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$-
Program Expenses Interfund Services Debt Service Post Retirement Capital Project Electric I&E Fund General Fund Transfer All Other 2
Benefits Transfers Transfer
Original Budget Actual
Page 7
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Página 154
Item #18.
Finance Department Monthly Report October 2022
City of Dover
Wastewater Fund Summary
Fiscal Year to Date (October 2022)
Revenues
Original Budget Actual %
Customer Sales $ 9,922,700 $ 3,549,927 36%
Impact Fees 180,000 120,098 67%
Miscellaneous 1 4,200 54,725 1303%
$ 10,106,900 $ 3,724,750 37%
Expenditures
Original Budget Actual %
Program Expenses $ 1,454,800 $ 450,690 31%
Kent County Treatment Fee 4,850,000 1,324,252 27%
Interfund Services 841,600 264,701 31%
Debt Service 715,000 90,857 13%
Post Retirement Benefits 100,500 33,500 33%
Capital Project Transfers 756,400 378,200 50%
Electric I&E Transfer 25,000 - 0%
General Fund Transfer 1,000,000 333,332 33%
All Other 2 30,000 7,637 64%
$ 9,773,300 $ 2,883,168 30%
1
Includes Interest Income, Penalties, Loss on Disposal, and Miscellaneous Income.
2
Includes Bank & CC Fees and transfer to Impact Reserve.
Page 8
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Página 155
Item #18.
Finance Department Monthly Report October 2022
Wastewater Revenues
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Customer Sales Impact Fees Miscellaneous 1
Original Budget Actual
Wastewater Expenditures
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$-
Program Expenses Kent County Interfund Services Debt Service Post Retirement Capital Project Electric I&E Transfer General Fund All Other 2
Treatment Fee Benefits Transfers Transfer
Original Budget Actual
Page 9
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Página 156
Item #18.
Finance Department Monthly Report October 2022
City of Dover
Electric Fund Summary
Fiscal Year to Date (October 2022)
Revenues
Original Budget Actual %
Customer Sales $ 82,505,800 $ 29,568,402 36%
Distribution of Earnings 21,840,000 8,253,094 38%
All Other 1 10,892,000 562,078 5%
$ 115,237,800 $ 38,383,575 33%
Expenditures
Original Budget Actual %
Power Supply & Generation $ 86,970,700 $ 23,081,655 27%
Electric Operating Div. Exp. 7,919,700 2,530,911 32%
Interfund Services 4,243,400 1,330,432 31%
Debt Service 1,591,600 467,318 29%
Post Retirement Benefits 911,000 303,664 33%
Capital Project Transfers 6,435,200 3,217,600 50%
General Fund Transfer 8,000,000 2,666,664 33%
All Other 2 3,120,700 1,253,742 45%
$ 119,192,300 $ 34,851,987 29%
1
Includes Rental Revenue, Miscellaneous Service Revenue, Interest Earnings, Investment
Management Fees, New Service Fees, Sale of Assets, Trf from Uncollectible Reserves,
General Service Billing, Revenue from Rate Stabilization, Penalties, and Green Energy Charges.
2
Includes Utility Tax, Interest on Deposits, Bank & CC Fees, Bond Issuance Costs, Transfer
to Uncollectible Reserve, and Green Energy.
Megawatt Hours Sold & Purchased Rev. Budget Actual
Sales to Customers MWh (excl. Street Light MWh) 747,331 275,041
Sales per MWh $137.42 $135.31
Purchased/Generated MWh 765,382- 279,225-
All In MWh Supply & Generation $113.57 $82.63
Page 10
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Item #18.
Finance Department Monthly Report October 2022
Electric Fund - Revenues
Mi l lions
$- $10 $20 $30 $40 $50 $60 $70 $80 $90 $100 $110 $120 $130
Original Budget
Actual
Customer Sales Distribution of Earnings All Other 1
Electric Fund - Expenditures
$95,000,000
$90,000,000
$85,000,000
$80,000,000
$75,000,000
$70,000,000
$65,000,000
$60,000,000
$55,000,000
$50,000,000
$45,000,000
$40,000,000
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
Power Supply & Electric Operating Post Retirement Capital Project General Fund
Interfund Services Debt Service All Other 2
Generation Div. Exp. Benefits Transfers Transfer
Original Budget $86,970,700 7,919,700 4,243,400 1,591,600 911,000 6,435,200 8,000,000 3,120,700
Actual $23,081,655 2,530,911 1,330,432 467,318 303,664 3,217,600 2,666,664 1,253,742
Original Budget Actual
Page 11
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Página 158
Item #18.
Finance Department Monthly Report October 2022
City of Dover
Division Expense Summary (General Fund)
Fiscal Year to Date (October 2022)
Original Budget Actual % General Fund Divisions % of Budget
City Clerk $ 379,300 $ 110,984 29%
Council 256,800 70,077 27% Mayor
Fire 724,000 300,098 41% Human Resources
Grounds 1,611,100 526,031 33% Customer Services
Library 1,916,500 599,139 31%
Fleet Maintenance
Recreation 1,341,300 404,241 30%
Procurement & Inventory
Life Safety 594,700 161,473 27%
Code Enforcement 821,300 195,733 24% Engineering
Planning 757,600 180,518 24% Facilities Management
Public Inspections 758,200 235,372 31% Pub. Services Administration
Police 19,206,200 5,610,915 29% Finance
Police Extra Duty 405,000 293,863 73%
Information Technology
Streets 674,800 168,474 25%
Sanitation 2,801,100 756,362 27% City Manager
Stormwater 864,900 187,726 22% Stormwater
City Manager 1,251,200 337,268 27% Sanitation
Information Technology 832,700 339,561 41% Streets
Finance 1,109,500 329,632 30%
Police Extra Duty
Pub. Services Administration 541,800 164,853 30%
Police
Facilities Management 844,200 280,581 33%
Engineering 188,700 46,946 25% Public Inspections
Procurement & Inventory 754,800 243,617 32% Planning
Fleet Maintenance 941,100 349,003 37% Code Enforcement
Customer Services 1,393,300 425,940 31%
Life Safety
Human Resources 488,300 114,279 23%
Recreation
Mayor 234,400 50,442 22%
$ 41,692,800 $ 12,483,128 30% Library
Grounds
Fire
Council
City Clerk
0% 10% 20% 30% 40% 50% 60% 70% 80%
Page 12
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Finance Department Monthly Report October 2022
Item #18.
City of Dover
Utilities Expenditure Summary
Fiscal Year to Date (October 2022)
Water Divison
Original Budget Actual %
Engineering & Inspection $ 338,200 $ 119,893 35%
Water Department 690,800 229,645 33%
Water Treatment Plant 2,199,600 721,910 33%
$ 3,228,600 $ 1,071,449 33%
Wastewater Divison
Original Budget Actual %
Engineering & Inspection * $ 279,100 $ 126,135 45%
Wastewater Department 1,175,700 324,555 28%
$ 1,454,800 $ 450,690 31%
Electric Division
Original Budget Actual %
Transmission/Distribution $ 4,196,300 $ 1,298,608 31%
Electrical Engineering 1,611,300 474,293 29%
Administration 894,100 394,909 44%
Meter Reading 353,600 134,439 38%
Systems Operations 864,400 228,662 26%
$ 7,919,700 $ 2,530,911 32%
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Página 160
Finance Department Monthly Report October 2022
Item #18.
Water Division % of Budget
Water Treatment Plant
Water Department
Engineering & Inspection
32% 32% 33% 33% 34% 34% 35% 35% 36% 36%
Wastewater Division % of Budget
Wastewater Department
Engineering & Inspection *
0% 5% 10% 15% 20% 25% 30% 35% 40% 45% 50%
Electric Division % of Budget
Systems Operations
Meter Reading
Administration
Electrical Engineering
Transmission/Distribution
0% 10% 20% 30% 40% 50%
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Página 161
Finance Department Monthly Report October 2022
Item #18.
City of Dover
Division Expense Summary (Electric Fund)
Fiscal Year to Date (October 2022)
Budget YTD (Over)/Under
Original Budget Actual
October Budget YTD
3rd Party Hedge Purchases $ 32,617,500 $ 11,554,966 $ 11,513,700 $ (41,266)
Capacity Charges 13,528,300 3,966,831 4,568,100 601,269
Solar Power Supply 3,153,300 970,459 1,199,400 228,941
Solar Renewal Energy Crdt 388,300 129,048 169,200 40,152
Renewable Energy Credits 5,177,000 1,287,750 1,725,600 437,850
Regional Greenhouse Gas 53,500 - 17,833 17,833
PJM Charges Trans & Fees 10,111,200 4,069,382 3,389,800 (679,582)
PJM Charges 25,850,300 1,975,637 9,034,300 7,058,663
Page 161
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Página 162
Finance Department Monthly Report October 2022
Item #18.
City of Dover
Capital Outlay Summary (All Funds)
Fiscal Year to Date (October 2022)
General Fund Original Budget Actual %
Fire $ 360,800 $ 53,673 15%
Code Enforcement 25,300 - 0%
Police 858,200 72,909 8%
Streets 128,000 1,888 1%
Sanitation 527,000 - 0%
Stormwater 1,865,700 288,002 15%
Grounds 93,900 48,896 52%
Recreation 1,940,000 66,017 3%
Purchasing 172,000 61,092 36%
Information Technology 153,100 3,580 2%
Facilities Management
1 200,000 511,200 256%
General Fund Capital Projects $ 6,324,000 $ 1,107,256 18%
Water Fund
Water $ 797,000 $ 78,078 10%
Water Treatment Plant 148,700 - 0%
Water Fund Capital Projects $ 945,700 $ 78,078 8%
Wastewater Fund
Wastewater 1,012,000 49,748 5%
Wastewater Fund Capital Projects $ 1,012,000 $ 49,748 5%
Electric Fund
Electric Generation $ 4,000,000 $ 178,530 4%
Transmission/Distribution 2,075,900 470,477 23%
Electrical Engineering 745,000 244,584 33%
ERP System 500,000 29,170 6%
Electric Administration 1,570,000 129,487 8%
Electric Fund Capital Projects $ 8,935,200 $ 1,052,247 12%
TOTAL CAPITAL PROJECTS $ 17,216,900 $ 2,287,329 13%
1
Budget to Actual Variance due to Budget/Carryforward/Amendment Approved at the Nov 14th Council Mtg.
Page 162
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Página 163
Finance Department Monthly Report October 2022
Item #18.
Capital Outlay - All Divisions
$4,500,000
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$-
Original Budget Actual
Capital Outlay - By Fund
$10,000,000
$8,935,200
$9,000,000
$8,000,000
$7,000,000
$6,324,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$945,700 $1,012,000 $1,107,256 $1,052,247
$1,000,000
$78,078 $49,748
$-
Original Budget Actual
General Fund Capital Projects Water Fund Capital Projects Wastewater Fund Electric Fund Capital Projects
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Finance Department Monthly Report October 2022
Item #18.
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Página 165
Item #19.
MONTHLY REPORT
OCTOBER 2022
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Página 166
Date Range: From 10/01/2022 to 10/31/2022
Incident Run Log Company: All Companies Item #19.
Dover Fire Department Equipment Type(s): All Equipment Types
Sorted by: Not selected
Date FDID Incident# Alarm ### Address Suite Type Lgth
10/01/2022 30046 2022-001106 19:28 42 Ediman ct Dispatched & canceled en route 0.2
10/01/2022 30046 2022-001107 19:38 207 E CAMDEN WYOMING AVE Dispatched & canceled en route 0.2
10/01/2022 30046 2022-001108 22:42 SCARBOROUGH RD Motor vehicle accident with injuries 0.3
10/02/2022 30046 2022-001109 18:07 EXIT 93 Motor vehicle accident with no injuries. 0.3
10/02/2022 30046 2022-001110 21:07 655 S BAY RD System malfunction, other 0.9
10/03/2022 30046 2022-001111 01:03 BAY RD Motor vehicle accident with no injuries. 0.2
10/03/2022 30046 2022-001112 11:37 BAY RD Motor vehicle accident with injuries 0.2
10/03/2022 30046 2022-001113 11:49 1700 N DUPONT HWY F Smoke detector activation, no fire - unintentional 0.3
10/03/2022 30046 2022-001114 13:18 300 HARMONY LA Cooking fire, confined to container 0.7
10/03/2022 30046 2022-001115 19:00 313 CLEAR STREAM DR Smoke detector activation, no fire - unintentional 0.5
10/03/2022 30046 2022-001116 20:50 655 BAY RD Sprinkler activation due to malfunction 0.4
10/04/2022 30046 2022-001117 09:06 908 WOODCREST DR 2-8 Detector activation, no fire - unintentional 0.5
10/04/2022 30046 2022-001118 14:36 36 ACACIA PL Lock-out 0.6
10/04/2022 30046 2022-001119 15:32 14 ROCKFORD CROSSING Detector activation, no fire - unintentional 0.6
10/04/2022 30046 2022-001120 17:33 SR1 SR1 AND DAFB MAIN GATE EXIT Motor vehicle accident with no injuries. 0.3
10/04/2022 30046 2022-001121 19:55 213 N BRADFORD ST Chimney or flue fire, confined to chimney or flue 0.5
10/05/2022 30046 2022-001122 02:15 185 SAULSBURY RD Bomb scare - no bomb 0.6
10/05/2022 30046 2022-001123 14:04 139 S STATE ST Good intent call, other 0.3
10/05/2022 30046 2022-001124 18:42 650 S BAY RD 6 Passenger vehicle fire 0.3
10/05/2022 30046 2022-001125 22:04 812 PAUL ST CO detector activation due to malfunction 0.3
10/05/2022 30046 2022-001126 22:45 1200 N DUPONT HWY False alarm or false call, other 0.3
10/06/2022 30046 2022-001127 02:00 SCARBOROUGH RD Good intent call, other 0.4
10/06/2022 30046 2022-001128 07:35 430 KINGS HWY NE 1 System malfunction, other 0.5
10/06/2022 30046 2022-001129 13:40 345 W WIND DR Smoke detector activation due to malfunction 0.3
10/06/2022 30046 2022-001130 13:45 209 S STATE ST Unintentional transmission of alarm, other 0.4
10/06/2022 30046 2022-001131 14:43 216 N STATE ST Good intent call, other 0.2
10/06/2022 30046 2022-001132 14:52 811 WESTVIEW TERR Smoke detector activation due to malfunction 0.3
10/06/2022 30046 2022-001133 15:39 507 NIMITZ RD Assist invalid 1.4
10/06/2022 30046 2022-001134 20:09 1463 CHESNUT GROVE RD Emergency medical service incident, other 0.8
10/07/2022 30046 2022-001135 12:13 24 PATRIOT DR Gas leak (natural gas or LPG) 0.4
10/07/2022 30046 2022-001136 12:36 1200 N DUPONT HWY Smoke detector activation due to malfunction 0.7
10/07/2022 30046 2022-001137 13:48 970 WHATCOAT DR Central station, malicious false alarm 0.3
10/08/2022 30046 2022-001138 10:33 298 S DUPONT WHY Gas leak (natural gas or LPG) 0.7
10/08/2022 30046 2022-001139 17:23 18 MIFFLIN MEDOWS DR Dispatched & canceled en route 0.5
10/08/2022 30046 2022-001140 22:41 1005 COLLEGE RD Motor vehicle accident with injuries 0.6
10/09/2022 30046 2022-001141 11:40 186 STONEY DR Smoke detector activation, no fire - unintentional 0.3
10/10/2022 30046 2022-001142 05:50 30 OLD RUDNICK LA Sprinkler activation due to malfunction 0.6
10/10/2022 30046 2022-001143 11:05 111 ANN AVE Gas leak (natural gas or LPG) 0.2
10/10/2022 30046 2022-001144 11:56 1045 N DUPONT HWY Alarm system activation, no fire - unintentional 0.2
10/10/2022 30046 2022-001145 13:47 1200 N DUPONT HWY Smoke detector activation, no fire - unintentional 0.3
10/10/2022 30046 2022-001146 14:00 1200 N DUPONT HWY 56 Detector activation, no fire - unintentional 0.4
10/10/2022 30046 2022-001147 17:47 353 FORTY NINE PINES DRIVE Detector activation, no fire - unintentional 0.3
10/11/2022 30046 2022-001148 01:14 43 S DUPONT HWY Dumpster or other outside trash receptacle fire 1.1
10/11/2022 30046 2022-001149 01:19 1200 N DUPONT HWY Detector activation, no fire - unintentional 0.2
10/11/2022 30046 2022-001150 02:40 905 S GOVERNORS AVE Alarm system activation, no fire - unintentional 0.3
10/11/2022 30046 2022-001151 05:29 32 W LOOCKERMAN ST System malfunction, other 0.6
10/11/2022 30046 2022-001152 10:43 680 BAY RD Unintentional transmission of alarm, other 0.1
10/11/2022 30046 2022-001153 12:02 411 S QUEEN ST Cooking fire, confined to container 0.2
10/11/2022 30046 2022-001154 12:11 14 S CAESAR RODNEY AVE Building fire 2.1
10/11/2022 30046 2022-001155 12:28 155 COMMERCE WAY False alarm or false call, other 0.4
10/11/2022 30046 2022-001156 13:20 120 PENNINGTON PL Cooking fire, confined to container 0.2
10/11/2022 30046 2022-001157 18:23 E LOOCKERMAN ST Good intent call, other 0.3
10/11/2022 30046 2022-001158 19:06 131 RODRIC TERR Good intent call, other 0.4
10/11/2022 30046 2022-001159 19:23 755 WALKER RD B Good intent call, other 0.8
10/12/2022 30046 2022-001160 04:41 560 S GOVERNORS AVE False alarm or false call, other 0.3
10/12/2022 30046 2022-001161 06:49 E LOOCKERMAN ST Outside rubbish, trash or waste fire 0.3
10/12/2022 30046 2022-001162 09:56 2541 FORREST AVE Motor vehicle accident with injuries 0.6
10/12/2022 30046 2022-001163 10:41 46 S BRADFORD ST Alarm system activation, no fire - unintentional 0.1
10/12/2022 30046 2022-001164 20:11 108 TUCKET CIR Forest, woods or wildland fire 0.4
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Página 167
Date FDID Incident# Alarm ### Address Suite Type Lgth
10/12/2022 30046 2022-001165 21:14 457 SUSSEX AVE EMS call, excluding vehicle accident with injury Item #19. 0.7
10/13/2022 30046 2022-001166 09:56 208 N BRADFORD ST False alarm or false call, other 0.5
10/13/2022 30046 2022-001167 09:58 105 KATRINA WAY System malfunction, other 0.5
10/13/2022 30046 2022-001168 12:02 EXIT 98 ROUTE 1 NB Passenger vehicle fire 0.4
10/13/2022 30046 2022-001169 21:35 150 LAKEVIEW DR Arcing, shorted electrical equipment 0.4
10/13/2022 30046 2022-001170 22:05 EXIT 93 ROUTE 1 SB Motor vehicle accident with injuries 0.6
10/14/2022 30046 2022-001171 09:33 320 BILLY MITCHELL LN Good intent call, other 0.8
10/14/2022 30046 2022-001172 11:30 1289 WALKER RD BUILD A Unintentional transmission of alarm, other 0.1
10/15/2022 30046 2022-001173 11:12 3005 SEVEN HICKORIES RD Dispatched & canceled en route 0.2
10/15/2022 30046 2022-001174 14:26 18 OLD RUDNICK LN Unintentional transmission of alarm, other 0.3
10/16/2022 30046 2022-001175 04:38 153 S BRADFORD ST Assist police or other governmental agency 0.3
10/16/2022 30046 2022-001176 09:15 153 S BRADFORD ST Assist police or other governmental agency 0.6
10/16/2022 30046 2022-001177 13:22 75 QUAIL LANDING CIR Cooking fire, confined to container 0.4
10/16/2022 30046 2022-001178 22:37 1180 MADISON CT Alarm system activation, no fire - unintentional 0.3
10/17/2022 30046 2022-001179 00:18 1200 N DUPONT HWY Smoke detector activation, no fire - unintentional 0.5
10/17/2022 30046 2022-001180 01:36 1300 S FARMVIEW DR M Alarm system activation, no fire - unintentional 0.3
10/17/2022 30046 2022-001181 04:05 1300 S FARMVIEW DR M Alarm system activation, no fire - unintentional 0.3
10/17/2022 30046 2022-001182 04:13 401 Doveview Drive 404 Water or steam leak 0.7
10/17/2022 30046 2022-001183 13:27 561 N DUPONT HWY False alarm or false call, other 0.6
10/17/2022 30046 2022-001184 14:43 400 COURT ST False alarm or false call, other 0.0
10/18/2022 30046 2022-001185 11:17 46 S QUEEN ST Hazardous condition, other 0.8
10/18/2022 30046 2022-001186 14:08 1200 N DUPONT HWY Alarm system sounded due to malfunction 0.2
10/18/2022 30046 2022-001187 20:17 1110 S LITTLE CREEK RD Smoke detector activation, no fire - unintentional 0.7
10/19/2022 30046 2022-001188 01:44 201 JAMES CT Good intent call, other 0.5
10/19/2022 30046 2022-001189 03:10 325 BROAD STAIRS PL B False alarm or false call, other 0.3
10/19/2022 30046 2022-001190 11:44 1215 S STATE ST Overheated motor 0.8
10/19/2022 30046 2022-001191 12:45 2285 S STATE ST Building fire 0.8
10/19/2022 30046 2022-001192 15:45 1225 WALKER RD Detector activation, no fire - unintentional 0.5
10/19/2022 30046 2022-001193 22:04 1200 N DUPONT HWY Arcing, shorted electrical equipment 0.9
10/20/2022 30046 2022-001194 14:26 645 W NORTH ST Brush or brush-and-grass mixture fire 0.3
10/20/2022 30046 2022-001195 18:33 909 N DUPONT HWY Brush or brush-and-grass mixture fire 0.1
10/20/2022 30046 2022-001196 19:20 112 FULTON ST False alarm or false call, other 0.2
10/20/2022 30046 2022-001197 19:20 924 ARTIS DR Outside rubbish fire, other 1.1
10/20/2022 30046 2022-001198 20:20 1570 N DUPONT HWY False alarm or false call, other 0.5
10/21/2022 30046 2022-001199 10:21 611 FOREST ST Malicious, mischievous false call, other 0.2
10/21/2022 30046 2022-001200 13:20 1200 N DUPONT HWY Public service assistance, other 4.4
10/21/2022 30046 2022-001201 19:13 241 GRINDING WHEEL DR Water problem, other 0.8
10/22/2022 30046 2022-001202 00:19 425 N DUPONT HWY Smoke scare, odor of smoke 0.6
10/22/2022 30046 2022-001203 10:15 WYOMING MILL SPUR Motor vehicle accident with injuries 0.7
10/22/2022 30046 2022-001204 11:11 1200 N DUPONT HWY Detector activation, no fire - unintentional 0.5
10/22/2022 30046 2022-001205 11:40 300 ISABELLE ISLE Municipal alarm system, malicious false alarm 0.5
10/22/2022 30046 2022-001206 13:19 774 MINIMA ST Gas leak (natural gas or LPG) 0.3
10/22/2022 30046 2022-001207 19:35 1061 N DUPONT HWY HazMat release investigation w/no HazMat 0.8
10/23/2022 30046 2022-001208 13:23 100 MEDLEY CT Smoke scare, odor of smoke 0.4
10/23/2022 30046 2022-001209 18:49 20 N BRADFORD ST Smoke scare, odor of smoke 0.8
10/24/2022 30046 2022-001210 12:17 19 SPRUANCE RD False alarm or false call, other 0.2
10/24/2022 30046 2022-001211 13:58 515 N DUPONT HWY False alarm or false call, other 0.6
10/24/2022 30046 2022-001212 15:25 705 N DUPONT HWY False alarm or false call, other 0.2
10/24/2022 30046 2022-001213 15:38 515 N DUPONT HWY False alarm or false call, other 0.4
10/24/2022 30046 2022-001214 16:09 1294 FORREST AVE False alarm or false call, other 0.3
10/25/2022 30046 2022-001215 01:08 208 N BRADFORD ST False alarm or false call, other 0.3
10/25/2022 30046 2022-001216 05:25 GREEN HILL RD Dispatched & canceled en route 0.3
10/25/2022 30046 2022-001217 08:56 655 BAY ROAD Gasoline or other flammable liquid spill 0.5
10/25/2022 30046 2022-001218 16:59 1200 N DUPONT HWY Detector activation, no fire - unintentional 0.4
10/25/2022 30046 2022-001219 17:24 EXIT 2A PUNCHEON RUN Motor vehicle accident with injuries 0.3
10/26/2022 30046 2022-001220 00:38 6 VERA WAY Building fire 1.9
10/26/2022 30046 2022-001221 11:31 211 DELAWARE AVE Malicious, mischievous false call, other 0.2
10/26/2022 30046 2022-001222 15:31 400 COUNTRY DR Trash or rubbish fire, contained 1.9
10/27/2022 30046 2022-001223 10:45 561 N DUPONT HWY Smoke scare, odor of smoke 0.3
10/27/2022 30046 2022-001224 15:17 640 S STATE ST Smoke scare, odor of smoke 0.7
10/28/2022 30046 2022-001225 01:42 133 CHERRY ST Smoke scare, odor of smoke 0.5
10/28/2022 30046 2022-001226 05:01 208 N BRADFORD ST Malicious, mischievous false call, other 0.3
10/28/2022 30046 2022-001227 14:56 1414 HOPKINS AVE Detector activation, no fire - unintentional 0.4
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Date FDID Incident# Alarm ### Address Suite Type Lgth
10/28/2022 30046 2022-001228 15:20 7758 WILLOW GROVE RD Camper or recreational vehicle (RV) fire Item #19. 1.2
10/28/2022 30046 2022-001229 15:43 1200 N DUPONT HWY Detector activation, no fire - unintentional 0.5
10/28/2022 30046 2022-001230 20:14 1200 N DUPONT HWY Detector activation, no fire - unintentional 0.4
10/29/2022 30046 2022-001231 00:05 1200 N DUPONT HWY Detector activation, no fire - unintentional 0.4
10/29/2022 30046 2022-001232 09:23 27 S BRADFORD ST Smoke detector activation, no fire - unintentional 0.1
10/29/2022 30046 2022-001233 18:57 14 ROCKFORD CROSSING Sprinkler activation due to malfunction 0.3
10/29/2022 30046 2022-001234 19:16 17 ROCKFORD CROSSING Medical assist, assist EMS crew 0.1
10/29/2022 30046 2022-001235 19:23 COLLEGE RD Motor vehicle accident with no injuries. 0.4
10/29/2022 30046 2022-001236 20:12 810 NEW BURTON RD Sprinkler activation due to malfunction 0.3
10/30/2022 30046 2022-001237 02:57 320 MISHOE ST Good intent call, other 0.3
10/30/2022 30046 2022-001238 15:42 316 W WIND DR False alarm or false call, other 0.7
10/30/2022 30046 2022-001239 15:48 405 SUSSEX AVE Dumpster or other outside trash receptacle fire 0.2
10/31/2022 30046 2022-001240 11:37 1710 N DUPONT HWY Lock-out 0.5
10/31/2022 30046 2022-001241 15:37 950 WHATCOAT DR Municipal alarm system, malicious false alarm 0.2
10/31/2022 30046 2022-001242 19:19 1570 N DUPONT HWY Heat from short circuit (wiring), defective/worn 0.7
10/04/2022 30046 2022-001252 11:36 FORREST AVE Medical assist, assist EMS crew 0.0
10/16/2022 30046 2022-001253 11:22 BASSETT ST Dispatched & canceled en route 0.0
10/19/2022 30046 2022-001254 12:47 200 E CAMDEN WYOMING AVE Cover assignment, standby, moveup 0.0
Total Number of Incidents: 140
Total Length of Incidents: 68.3 Hours
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Item #19.
Page 169
Página 170
Item #20.
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Página 171
Item #20.
DEPARTMENT OF POLICE
Thomas A. Johnson, Jr. 400 South Queen Street
Chief of Police Dover, Delaware 19904
302-736-7111
December 12, 2022
Honorable Robin Christiansen, Mayor
Members of Dover City Council
City Hall
Dover, DE 19901
Mayor Christiansen and Council Members:
The following is the monthly report of Dover Police Department activities for October 2022:
COMPLAINTS/EVENTS
YTD Totals compiled through October numbered 33,791.
This represents an increase of 662 from the reported over the same period in 2021.
40,000 36,548 34,750 33,129 33,791
28,054
30,000
20,000
10,000
0
2018 2019 2020 2021 2022
CRIMINAL INVESTIGATIONS
Burglary: 8 cases reported, 5 cases cleared and 1 case cleared from previous months.
Robbery: 2 cases reported, 0 cases cleared and 0 cases cleared from previous months.
Sex Assault: 4 cases reported, 4 cases cleared and 0 cases cleared from previous months.
Homicide: 1 case reported, 1 case cleared.
There were 7 Non-Criminal Death Investigations,7 cases cleared and 1 case cleared from previous
months.
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Item #20.
DRUG, VICE, & ORGANIZED CRIME / STREET CRIMES UNIT ENFORCEMENT
Marijuana: 3,795.9 grams seized
Cocaine: 94.38 grams seized
Ecstasy: 46 doses seized
Prescription Pills: 42 doses seized
Heroin: 3.745 grams seized
Methamphetamine: 11.5 grams seized
Fentanyl: 61.1 grams seized
Other Rx Drugs: 0 grams/doses seized
Drug Proceeds: $4,359 seized
FIREARM SEIZURES/INSIDE CITY LIMITS
15
10 6
5 1 1
0 0 0 0 0 0 0 0 0 0
0
CI DVOC/STREET PATROL SEU
CRIMES
HANDGUN RIFLE SHOTGUN
Firearms: 7 Handguns & 1 Rifle.
TRAFFIC ENFORCEMENT
YTD Citation Totals compiled through October numbered 4,907.
This represents a decrease of 1,450 from the 6,357 reported over the same period in 2021.
9,000
7,897
8,000 7,564
7,000 6,357
6,000
4,907
5,000 4,462
4,000
3,000
2,000
1,000
0
2018 2019 2020 2021 2022
TRAFFIC CRASHES: YTD = 2,008
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Item #20.
911 CENTER ACTIVITY
Total compiled during October numbered 7453 calls.
This represents a decrease of 591 from the 8,044 reported during the same period in 2021.
8,200
8,044
8,000
7,825
7,800 7,684
7,600
7,453
7,400
7,200
7,079
7,000
6,800
6,600
6,400
2018 2019 2020 2021 2022
CITY ORDINANCE SUMMONS
YTD Totals compiled through October numbered 3,278.
This represents a decrease of 254 from the 3,532 reported over the same period in 2021.
5,000 4,345 4,565
4,000 3,532 3,278
3,054
3,000 2,080
2,000 1,653
1,330
833 678
1,000
0
2018 2019 2020 2021 2022
ISSUED 4,345 4,565 3,054 3,532 3,278
PAID 2,080 1,653 1,330 833 678
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Item #20.
COMMUNITY POLICING
This proactive unit takes the lead on community engagement and supporting our community
organizations. They have administrative responsibilities and also support other departmental units,
such as patrol, during times of high work volumes or special operations with enforcement
activities. In addition to those duties, the unit accomplished the following in October:
Participation in the “Amazing Chase” Event
Participation in National Walk to School Day
Assisted with Citizen’s Police Academy sessions
Assisted with Municipal Police Academy Instruction
Assisted Patrol with a brief barricade situation
Participation in the Presidential visit to the DSU campus
Participation in Dover High School Homecoming Parade
Liaison with Liberty Court manager regarding items noted on monthly stat review
Supported the PAL Childhood Cancer 5K Run
Community Engagement at Dick’s Sporting Goods
Attended the Hamlet HOA meeting
Participation in Faith & Blue Weekend activities and Cookout
Staged a “Coffee with a Cop” session at the House of Coffi
Addressed homeless situations near the Kohl’s property, 14 W. Loockerman, the Lowes
property, and the Walgreens property
Took action related to a civil complaint at Persimmon Park Place
Participation in the Super Senator Day
Participation in the Career Fairs at Smyrna and Caesar Rodney High Schools
Multiple Property Checks at 132 S. New Street and Lake Club Apartments
Participated in the Murphy School Centennial Celebration event
Addressed an ongoing neighbor dispute at a block in Capital Green
Provided Halloween Candy at various “trunk or treat” events
Addressed a neighborhood dispute on Fairwinds Place
Addressed a neighborhood dispute impacting the 500 block of E. Loockerman Street
Participation in the recognition of the W. Reily Brown Safety Patrol
There was a separate Community Outreach event at W. Reily Brown Elementary
Participation in the Downtown Dover Partnership & Kent County Crime Watch meetings
Addressed a harassment complaint on Forest Creek Drive
Support several understaffed patrol shifts
Assisted other units with multiple prisoner transports to the SCI
Community Response Vehicle visited Liberty Court and Town Pointe Elementary
Assisted Towne Point property management with a chronically disorderly individual.
Behavioral Health Unit made 48 field contacts and took official actions with 24 clients
Continued foot patrols along Loockerman Street Corridor
Assisted DelDOT with a homeless encampment near Eden Hill
Also assisted DelDOT with a planned fire drill
Assisted DSU with the Homecoming Concert and Homecoming Parade events
Assisted Code Enforcement with an enforcement action at Kings Cliff MHP
Multiple CPU Officers attended schools for topics including Motors, Crisis Intervention,
SORT, and Crisis Negotiation assignments
Continued planning for Holiday event coming up on Legislative Mall
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Item #20.
Attended a Rock the Block in support of Habitat for Humanity
Members of the CPU attend numerous meetings with community associations and organizations
as a part of our ongoing liaison relationships.
CHIEF’S ADVISORY COMMITTEE
The Police Chief’s Advisory Committee (PCAC) is comprised of nine (9) diverse stakeholders
living/working in the City of Dover. It meets regularly to provide input/feedback to the Chief on
the various operations of the agency. October activity is as follows:
The Advisory Committee met on October 3, 2022. Member Waverly DeBraux led off as
he advised the committee regarding his engagement activity at National Night Out.
The Youth Sub-Committee had not yet met as of this meeting. Member Kayla Waweru is
new to her role and is still getting organized as well as recruiting participants for the
school year.
The planned trip to the Dover PD shooting range in Bridgeville had to be cancelled due to
inclement weather.
The committee was briefed on the updates and expansion of the city camera system. No
major concerns were identified and the Chief will provide additional updates as the
project moves forward.
The committee set a next meeting date for November 7, 2022.
PROGRAMS AND INITIATIVES
The annual PAL Childhood Cancer 5K run was briefly postponed due to weather but did
occur on October 15th. Corporal Anthony Smith put together another excellent event that
raised funds for PAL and the B+ (Be positive) Foundation which is a large provider of
financial assistance for families of children fighting cancer.
The Faith and Blue Weekend occurred between October 7 and October 10, 2022. The
planned Dover event took place on the Green on October 8th from 11 a.m. to 3 p.m. In
order to be of more service to residents, businesses and service agencies were encouraged
to set up a display for the attendees. Several members of City Council joined the Mayor
and members of the Police Department in an afternoon of fellowship with our faith based
community and other great community partners. The event did not realize the attendance
it had hoped for but it was noted that the Cookout was competing with other popular fall
events that day. Special thanks Reverend Harris, Tracey Palmer Ministries, Councilman
Rocha, Councilman Boggerty, and Council President Sudler for their “hands on”
participation.
The 4th session of the Dover Municipal Police Academy kicked off on October 9, 2022.
Of the 6 Dover PD Recruit Officers scheduled for the session, we unfortunately saw one
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Item #20.
of them withdraw before starting and another drop out before the month ended. The
remaining four are progressing well through the 20-week program.
As anticipated, turnout continues to be low for assessment day for police recruit
applicants. On October 2, 2022, 30 individuals reported for testing and ultimately 8 of
them made it through the physical agility test, the written test and the basic oral board.
That group is currently going through the background investigation stage and any
successful candidates will be considered for the Spring Academy in 2023.
We continue to make slow but steady progress trying to fill several non-sworn vacancies
in the agency. Background investigations are in progress for candidates that have applied
for positions in our Records Unit, Dispatch Center, and Cadet Program. Applications are
being received for the open Animal Control Officer position and interviews will be
scheduled as soon as practical.
The Chief attended the International Association of Chiefs of Police (IACP) Conference
in Dallas, TX between October 14th and October 19th. Along with other Chiefs from
Delaware, Chief Johnson attended classes and seminars geared to professional
development, industry best practices, and 21st Century police programs.
Please visit our website at www.doverpolice.org for up to date information on crimes and
activities in the City of Dover.
Respectfully Submitted,
Thomas A. Johnson, Jr.
Chief of Police
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Item #21.
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Página 178
FINAL READING
Item #22.
City of Dover
PROPOSED CITY OF DOVER ORDINANCE #2022-22
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 2 - Administration, Article V - Finance be amended by inserting the text indicated in bold,
5 blue font and deleting the text indicated in red strikeout as follows:
6
7 Section 2-422 -Tax Increment Financing, Purpose, and Findings
8
9 a) The City Council of the City of Dover has determined that a need exists within the city for
10 improvements and reinvestment throughout the city. Such improvements will enhance the taxable
11 base of the city, directly and indirectly, encourage the development and redevelopment of
12 commercial and residential areas of the city, increase commercial activity, increase employment,
13 and benefit the general health and welfare of residents; and
14
15 b) The City Council on February 14, 2017, passed Resolution #2017-02 supporting changes to the
16 Delaware Code to enable Dover and Kent County to utilize the provisions of the TIF and Special
17 District code provisions; and
18
19 c) 22 Delaware Code, Section 1703 provides “In addition to whatever other powers it may have, and
20 notwithstanding any limitation by law, any municipality may borrow money by issuing and selling
21 bonds, at any time and from time to time, for the purpose of financing the development of an
22 industrial, commercial or residential area.”; and
23
24 d) Delaware Code was amended to authorize the City of Dover to use the provisions of 22 Delaware
25 Code, Chapter 17, Municipal Tax Increment Financing Act, including specific Dover provisions
26 in 22 Del. C, Section 1716; and
27
28 e) Tax Increment Financing (TIF) is a financing method that allows the use of future tax revenues
29 generated by economic development projects to help pay for the project; allows for the issuance
30 of revenue bonds for such purposes, such bonds being tax-exempt and not a pledge of good faith
31 or credit of the city; and by capturing the tax revenue increment between the original assessed
32 value and the value resulting from the project; and
33
34 f) Due to the condition, age, and design of buildings and infrastructure, configuration and size of
35 parcels, competition from commercial activities throughout the city, and other factors, the costs
36 and complexities of development, redevelopment, and reinvestment tend to limit investment; and
37
38 g) Tax increment financing is frequently used by local governments to enable funding of certain
39 development and infrastructure projects but the availability of alternative financing options for
P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 178
Community Excellence Through Quality Service
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Item #22.
Proposed Ordinance #2022-22 Chapter 2 - Administration, Article V - Finance
Page 2
40 these projects might not occur otherwise.
41
42 Section 2-423 - Authorization to Consider Issuance of Tax Increment Financing (TIF) District
43 Bonds
44
45 a) Before issuing bonds under the Municipal Tax Increment Financing Act, the city must designate
46 by Resolution, an area as a TIF District, obtain from the City Assessor an assessment of the original
47 assessed value in the district, create a special fund for the purpose of receiving the tax revenue
48 increment, and comply with all other provisions of the Municipal Tax Increment Financing Act.
49
50 b) By enactment of this Ordinance the City Council indicates its intention to issue bonds, notes, or
51 similar instruments in one or more series from time to time for projects and amounts to be
52 determined in the future, prior to the bond offering, for the purposes set forth in the Resolution and
53 as allowed under Municipal Tax Increment Financing Act.
54
55 c) "Council shall have the power by Resolution to establish terms of the bonding and financial
56 arrangement and enter a cooperating agreement with other taxing entities such as State, County,
57 and school districts."
58
59 Section 2-424 - Effective date
60 This Ordinance shall be effective immediately upon final passage by the City Council of the City of Dover.
61 Passed *.
62
63 Sec. 2-4225. - Sale and disposition of real property.
64
65 (a) Authorized. Except as otherwise provided and upon approval of the city council, the city manager
66 is hereby authorized to sell or dispose of excess property.
67
68 (b) Determination of excess status. The city manager, upon determining that a city owned parcel of
69 land is excess in nature and that the disposal of such land would be beneficial to the City of Dover,
70 will request, through the legislative, finance, and administration committee, that city council
71 consider disposal of such land.
72
73 (c) Costs of conveyance. Unless otherwise specified by the city council, all fees and costs, legal or
74 otherwise, associated with the sale and conveyance of all excess lands shall be paid by the
75 purchaser.
76
77 (d) Standard method of disposition.
78 (1) The legislative, finance, and administration committee, upon receiving a request to dispose
79 of excess real property, shall, prior to making a recommendation to city council, request all
80 pertinent information including, but not limited to, the following:
81 a. Determination that subject parcel is not required by any other city department.
82 b. Written explanation of why subject parcel is now surplus.
83 c. Determination of whether a zoning change would enhance the sale value of subject
84 parcel and recommend said change if warranted.
85 d. Determination if the parcel's exact location and size is known and, if not, recommend
86 whether said parcel should be surveyed by the city prior to any sale attempts.
P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 179
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Item #22.
Proposed Ordinance #2022-22 Chapter 2 - Administration, Article V - Finance
Page 3
87
88 (2) City council, after receiving a positive recommendation from the legislative, finance, and
89 administration committee to dispose of a surplus parcel of land, shall, as part of its
90 deliberations:
91 a. Determine if disposal of the parcel is in the city's best interests.
92 b. Determine if disposal by sale, gift, or some other means would best serve the city's
93 interests.
94 c. Determine if the city planner should be requested to initiate rezoning procedures.
95 d. Publicize the pertinent information concerning the surplus parcel and its availability
96 for purchase to the general public at least once a week for two weeks in a local
97 newspaper.
98 e. Make public, and a part of the record, all written correspondence received and, after
99 the publicizing requirements of subsection (2)d are met, hold a public hearing to
100 receive any other citizen input.
101
102 (3) City council, after voting to proceed with the sale of surplus land, shall determine:
103 a. If an unbiased appraisal is needed to establish a minimum acceptable price.
104 b. Whether to sell the parcel by public auction or by sealed bid and what the minimum
105 acceptable offer will be.
106 c. The degree and scope of advertising, with a minimum of exposure being advertisement
107 once a week for two weeks in a newspaper of general circulation within the county.
108 d. Whether the circumstances of and surrounding a particular sale may be such that the
109 best interests of the city would be served by listing the property for sale with a licensed
110 real estate agent.
111
112 (4) City staff shall, with city council's direction:
113 a. Arrange for advertisement of the sale.
114 b. Draft the sale bill setting out a description of the parcel to be sold, time, date, and place
115 of sale or bid opening, the terms and conditions of sale, and the city's reservation of
116 acceptance or rejection of any or all bids received at the time of sale or bid opening.
117 c. Order and distribute a sufficient number of sale bills for posting and distribution in the
118 county courthouse, at the site, and in the general area of the parcel.
119 d. Obtain the services of a professional auctioneer if said sale is to be a public auction.
120 e. Conduct the sale and submit the results to city council.
121 f. Obtain the services of a licensed real estate agent if the sale is to be brokered.
122
123 (5) City council, after confirming the sale, shall:
124 a. Request the city solicitor to prepare a deed for execution and to arrange for final
125 settlement with the purchaser, at which time the city will deliver the deed, the
126 purchaser will pay all balances due, and the city solicitor will record said deed in the
127 Recorder of Deeds Office for Kent County.
128
129 (e) Exceptions to standard method of disposition.
130 (1) Exception A—Sale to an abutting owner. When, in the opinion of city council, a public sale
131 would be detrimental to the lands of an abutter, and/or that a public sale would place the
132 abutter at undue risk; or that the combination of abutter's land and city's land would be
133 substantially greater in value than that of the sum of the parcels considered individually, city
P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 180
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Item #22.
Proposed Ordinance #2022-22 Chapter 2 - Administration, Article V - Finance
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134 council may direct the city assessor to have prepared one or more unbiased fee appraisals of
135 the parcel. Thereafter, the subject land will be offered for sale to the said abutter at the
136 appraisal price, plus the appraisal fees, plus the legal costs. In the event the offer is not
137 accepted, a public sale may be ordered.
138
139 Examples of detrimental affect might be when the surplus city parcel lies between an abutting
140 property and the street and development of the parcel would obstruct visibility of the abutter's
141 property, or when the surplus parcel is zoned multi-family and abuts a single-family parcel.
142
143 (2) Exception B—Trade of lands. Trade of lands may be approved when it is shown beyond
144 doubt that such a trade will be equal to or better than the lands to be traded either on a "square
145 foot for square foot" measure and/or on a "dollar for dollar" measure.
146
147 (3) Exception C—Conveyance of odd shaped and/or unbuildable parcels. City acquisitions for
148 roads, utility usages, etc. may, after such usage is accomplished, leave a small strip of land
149 that is odd shaped and unbuildable. City council may approve the conveyance of this strip of
150 land to an abutting property owner on request of said owner. The price for these lands shall
151 be at the same cost basis as that paid by the city. If conveyance is made in excess of two
152 years after the date of city acquisition, then the consideration shall either be based on a price
153 established by an unbiased fee appraisal made on the basis of the value added to the abutting
154 property by the acquisition of said lands, or on the city's cost basis for the parcel adjusted for
155 inflation, whichever city council shall select. All fees, legal or otherwise, associated with the
156 conveyance are to be paid by the purchaser.
157
158 (4) Exception D—Sale of small or irregular shaped lot to an abutting owner. If any excess parcel
159 of land is too small or irregular in shape to be of any value to anyone other than an abutting
160 owner, it may be sold to such owner at either its fee appraised fair market value, or at its fair
161 market value as established by the city's assessment records, whichever city council shall
162 select. The costs of the appraisal and all legal costs shall be paid by the owner requesting the
163 conveyance.
164
165 (5) Exception E—Donation of land to non-profit organizations. If, in the opinion of city council,
166 the donation of a parcel of excess land to a non-profit organization would be in the best
167 interest of the city, council then reserves unto itself the right to make such donation.
168 (Code 1981, § 2-80; Ord. of 3-12-2001; Ord. No. 2017-02, 2-13-2017)
169
170 Secs. 2-4236—2-500. - Reserved.
171
172
173 ADOPTED: *
174 S:\ORDINANCES\2022\DRAFT\ORDINANCE #2022-22 - CHAPTER 2 - ADMINISTRATION, ARTICLE V - FINANCE\Chapter 2 - Administration, Article V - Finance.docx
175
176 SYNOPSIS
177 This Ordinance creates a new Section to implement the authority granted to the City of Dover pursuant
178 to 22 Delaware Code, Chapter 17, Municipal Tax Increment Financing Act. It renumbers the existing
179 code as necessary.
180
181 (SPONSORS: ANDERSON, PILLSBURY, AND ROCHA)
P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 181
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Item #22.
Proposed Ordinance #2022-22 Chapter 2 - Administration, Article V - Finance
Page 5
182
183
184 Actions History:
185 12/12/2022 – Second/Final Reading at Council
186 11/28/2022– First Reading at Council
187 11/15/2022– Introduced at the Legislative, Finance, and Administration Committee
188
P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 182
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FINAL READING
Item #23.
City of Dover
CITY OF DOVER ORDINANCE #2022-23
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 2. Administration - Article IV. Officers and Employees - Division 4. Controller/Treasurer
5 be amended by inserting the text indicated in bold, blue font and deleting the text indicated in red
6 strikeout as follows:
7
8 Section 2-261. - Appointment.
9
10 There shall be a controller/treasurer selected by a council majority vote of the city council at its annual
11 meeting. to hold office until their successor has been duly chosen and qualified, but subject to
12 removal at any time by the council.
13
14
15 (Code 1981, § 2-136; Ord. of 3-12-2001; Ord. No. 2009-23, 10-26-2009)
16
17 Charter reference— Treasurer and financial affairs, subpart A, §§ 42—50.
18
19 Secs. 2-262—2-280. - Reserved.
20
21
22 ADOPTED: *
23
24
25 SYNOPSIS
26 This ordinance is to make a technical correction to mirror the changes made in the Charter that was
27 adopted on September 9, 2022, H.B. 456.
28
29 (SPONSORS: ANDERSON AND HUGG)
30
31
32 Actions History:
33
34 12/12/2022 – Second/Final Reading at Council
35 11/28/2022– First Reading at Council
36 11/15/2022 - Introduced at Legislative, Finance, and Administration Committee
P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 183
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FINAL READING
Item #24.
City of Dover
CITY OF DOVER ORDINANCE #2022-24
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 2. Administration - Article IV. Officers and Employees - Division 5. City Clerk be amended
5 by inserting the text indicated in bold, blue font and deleting the text indicated in red strikeout as follows:
6
7 Sec. 2-281. - Appointment.
8
9 There shall be a city clerk selected by a council majority vote of the city council at its annual meeting,
10 and such person shall serve as the clerk of the city council until their successor has been duly chosen
11 and qualified, but subject to removal at any time by the council.
12
13 (Code 1981, § 2-116; Ord. of 3-12-2001)
14
15 Sec. 2-282. - Functions.
16
17 The city clerk shall perform the following functions:
18 (1) Records generally. Have charge of and preserve the records, books and papers of the city that are
19 entrusted to him by this Code or by the city manager;
20
21 (2) Meetings. Attend all meetings of the city council and transcribe a record of the proceedings;
22
23 (3) Ordinance records. Keep records of all ordinances adopted by the city;
24
25 (4) Notices. Prepare and sign, at the direction of the city council or the city manager, all notices for
26 grading, paving, graveling or curbing sidewalks or the placing of gutterplates, notices for
27 opening streets and condemnation of land and whatever other notices that the city shall direct;
28
29 (5) Recording and filing. Record or file reports or papers, at the direction of the city council or the
30 city manager;
31
32 (6) Other duties. Perform such other duties as required by law, by this Code or as directed by the
33 mayor or city council.
34
35 (Code 1968, § 2-26; Code 1981, § 2-117; Ord. of 3-12-2001)
36
37 Sec. 2-283. - Records management program.
38
39 The city records management program shall consist of an established policy and procedures, as follows:
40
41 (1) Policy. A records management policy shall be established and implemented by the city to ensure
42 the safety of essential records; to provide for an archival depository for the permanent
P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 184
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Item #24.
Proposed Ordinance #2022-24 Chapter 2 - Article IV – City Clerk Page 2
43 preservation of historical records; and to provide an orderly system of maintaining, retrieving
44 and storing of records and proper and legal disposal of obsolete records. In order to establish an
45 efficient and economic records program, it shall be the duty and responsibility of each
46 department head to ensure compliance within their department of the city records management
47 policy. Should a department fail to comply with the records management policy, the records
48 manager or his designee has the authority to serve as the records coordinator for the department
49 in implementing the policy.
50
51 (2) Records manager. The city clerk is hereby designated as the records manager for the city and is
52 responsible for the implementation and maintenance of the city records management policy. The
53 records management policy shall incorporate the minimum requirements and guidelines set forth
54 in 29 Del. C. § 501 et seq. The records manager shall serve as the city's liaison with the state
55 bureau of archives and records. The records manager shall also serve as the coordinator of all
56 city departments and shall develop, or assist in the development of, records management
57 procedures specific to those departments consistent with state law, the city Charter, and this
58 Code.
59
60 (Code 1981, § 2-118; Ord. of 8-12-1996)
61
62 Secs. 2-284—2-300. - Reserved.
63
64
65 ADOPTED: *
66
67
68 SYNOPSIS
69 This ordinance is to make a technical correction to mirror the changes made in the Charter that was
70 adopted on September 9, 2022, H.B. 456.
71
72 (SPONSORS: ANDERSON AND HUGG)
73
74
75 Actions History:
76 12/12/2022 - Second/Final Reading at Council
77 11/28/2022– First Reading at Council
78 11/15/2022 - Introduced at Legislative, Finance, and Administration Committee
P.O. Box 475 ❖ Dover, Delaware ❖19903 Page 185
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