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Regular Council Meeting
Agenda
October 12, 2020 - 7:30 p.m.
This meeting will be held remotely via WebEx. Public participation information is as follows:
Phone: 1-408-418-9388
Link: https://cityofdoverde.webex.com/cityofdoverde/onstage/g.php?MTID=ec46ed3d23345d2
0394645145a058be8d
Event number: 173 671 2086
Event password: DOVER (if needed)
If you are new to WebEx get the app now at https://www.webex.com/ to be ready when the
meeting starts.
Invocation by Mayor Christiansen
Pledge of Allegiance Led by Council President Hare
Adoption of Agenda
* Consent Agenda
Those items on the Council Agenda which are considered routine and non-controversial shall be
marked with an asterisk (*) 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.
* 1. Adoption of Minutes
A. Special Council Meeting of September 28, 2020
B. Regular Council Meeting of September 28, 2020
2. Council Committee of the Whole Report - September 29, 2020
A. Safety Advisory and Transportation Committee
* (1) COVID-19 Safety Update (Mr. Robert E. Clark II, President - Wesley College)
* (2) Social Professional/Law Enforcement Collaborative
* (3) Update on Body Cameras
(4) Prioritization of City of Dover State Capital Transportation Program (CTP)
Projects
(Committee recommendation: Confirm continuation of the 2019 Prioritization of
City of Dover State Capital Transportation Program (CTP) Projects)
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Council Agenda - October 12, 2020 Page 2
2. Council Committee of the Whole Report - September 29, 2020 (Continued)
* (5) Proposed Ordinance #2020-12 Amending Chapter 106 - Traffic and Vehicles,
Article III - Stopping, Standing, and Parking, Division 2 - Metered Parking,
Division 3 - Removal and Disposition of Illegally Parked or Abandoned
Vehicles, Sec. 106-181 - Definitions, and Division 4 - Downtown Parking
(Committee recommendation: Adoption of Ordinance #2020-12) (See item #5A)
* B. Legislative, Finance, and Administration Committee
(1) Proposed Resolution No. 2020-12 - Application for Drinking Water Matching
Planning Grant
(Committee recommendation: Adoption of Resolution No. 2020-12 as submitted
so Staff may complete application for a Water Matching Planning Grant.)
(2) Annual Review of Investment Policy
(Committee recommendation: Approval of the Investment Policy, as presented)
(3) Proposed Ordinance #2020-05 Amending Chapter 22 - Buildings and Building
Regulations, Article IX - Lodginghouses and Article X - Rental Dwellings
(Committee recommendation: Adoption of Ordinance #2020-05) (See item #6A)
* 3. Monthly Reports - August 2020
A. City Assessor’s Report
B. City Council’s Community Enhancement Fund Report
C. City Manager’s Report
D. City Planner’s Report
E. Controller/Treasurer’s Budget Report
F. Fire Chief’s Report
G. Police Chief’s Report
* 4. Appointments/Reappointments
A. Construction and Property Maintenance Code Board of Appeals - One Year Terms
to Expire May 24, 2021
(1) Appointments/Reappointments Recommended by Council President Hare
(a) Councilman David L. Anderson (reappointment)
(b) Councilman Fred A. Neil (reappointment)
(c) Councilman Gerald L. Rocha, Sr.
(2) Reappointment Recommended by Mayor Christiansen
(a) Charles C. K. Martin
B. Dover Human Relations Commission - Joseph C. Simmons (to fill the expired term
of Gerald L. Rocha, Sr. - term to expire February 2023) - Recommended by Council
President Hare
C. Dover Public Library Advisory Commission - Five Year Staggered Terms to Expire
June 16th - Reappointments Recommended by Mayor Christiansen
(1) Gertrude Jackson - Term to Expire June 16, 2023 (current term expired
June 2018)
(2) Robert S. Wetherall - Term to Expire June 16, 2025
D. Public Advisory Committee of the Dover/Kent County MPO - Albert W. Holmes, Jr.
(At-Large Alternate) - Two Year Term to Expire July 2021 (current term expired
July 2019) - Reappointment Recommended by Mayor Christiansen
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Council Agenda - October 12, 2020 Page 3
* 4. Appointments/Reappointments (Continued)
E. Silver Lake Commission - Two Year Staggered Terms to Expire the First Regular
Meeting in June - Appointments/Reappointments Recommended by Mayor
Christiansen
(1) John C. DeMarie (to fill the expired term of Nicholas A. Adams - term to expire
June 13, 2022)
(2) Lyle Allen Jones (term to expire June 14, 2021) (Reappointment)
(3) Marie E. Kozel (term to expire June 14, 2021) (Reappointment)
(4) Michael W. Lewis (term to expire June 14, 2021) (Reappointment)
5. First Reading - Proposed Ordinance #2020-12
The First Reading is offered on the following Proposed Ordinance. Final action by Council will
take place during the Final Reading on October 26, 2020. All ordinances are available at the
entrance of the Council Chambers, on the City's website at www.cityofdover.com under
“Government,” or by contacting the City Clerk's Office at 736-7008 or cityclerk@dover.de.us.
A. #2020-12 Amending Chapter 106 - Traffic and Vehicles, Article III - Stopping,
Standing, and Parking, Division 2 - Metered Parking, Division 3 - Removal and
Disposition of Illegally Parked or Abandoned Vehicles, Sec. 106-181 - Definitions, and
Division 4 - Downtown Parking
(Safety Advisory and Transportation Committee)
6. First Reading - Proposed Ordinance #2020-05 Staff Substitute #2 with CCW/LF&A
Amendment #1
The First Reading is offered on the Proposed Ordinance. Amendments to Appendix B - Zoning
require a Public Hearing. It is recommended for referral to the Planning Commission for a
Public Hearing on November 16, 2020, and that a Public Hearing be set before City Council on
December 14, 2020 at 7:30 p.m., at which time the Final Reading and Council action will take
place. The ordinance is available at the entrance of the Council Chambers, on the City's website
at www.cityofdover.com under "Government," or by contacting the City Clerk's Office at
736-7008 or cityclerk@dover.de.us.
A. #2020-05 Amending Chapter 22 - Buildings and Building Regulations, Article IX -
Lodginghouses; Article X - Rental Dwellings; Appendix B - Zoning; and Appendix F -
Fees and Fines
7. Final Reading - Proposed Ordinance #2020-11
The First Reading of the Proposed Ordinance was accomplished during the Council Meeting
of September 28, 2020. The ordinance is available at the entrance of the Council Chambers and
on the City's website at www.cityofdover.com under "Government."
A. #2020-11 Amending Chapter 46 - Fire Prevention and Protection, Article II -
Fire Department, Division 1 - Generally and Division 2 - Officers
8. City Manager’s Announcements
9. Council Members’ Announcements
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Council Agenda - October 12, 2020 Page 4
10. Adjournment
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Executive Session Pursuant to:
29 Del. C. §10004(b)(2) - Preliminary discussions on site acquisitions for any publicly funded capital
improvements, or sales or leases of real property;
29 Del. C. §10004(b)(4) - Strategy sessions, including those involving legal advice or opinion from an
attorney-at-law, with respect to collective bargaining or pending or potential litigation, but only when an open
meeting would have an adverse effect on the bargaining or litigation position of the public body;
29 Del. C. §10004(b)(6) - Discussion of the content of documents, excluded from the definition of "public record"
in §10002 of this title where such discussion may disclose the contents of such documents;
29 Del. C. §10004(b)(9) - Personnel matters in which the names, competency and abilities of individual employees
are discussed, unless the employee requests that such a meeting be open
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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SPECIAL CITY COUNCIL MEETING
A Special City Council Meeting was held by video conference on September 28, 2020 at 6:11 p.m.
with Council President Hare presiding. Members present via video or telephone were Mr. Anderson,
Mr. Sudler (arrived at 6:35 p.m.), Mr. Neil, Mr. Slavin, Mr. Cole, Mr. Rocha, Mr. Taylor, and
Mr. Lindell. Mayor Christiansen was absent.
Council staff members present were Mrs. Mitchell and Mrs. McDowell. Other staff members
present were Mr. Harline, Mrs. Hawkins, Ms. Deakins, and Ms. Tauchus.
ADOPTION OF AGENDA
The agenda was adopted by unanimous consent.
Mr. Taylor moved to recess into Executive Session pursuant to 29 Del. C. §10004(b)(4) -
Strategy sessions, including those involving legal advice or opinion from an attorney-at-law,
with respect too collective bargaining or pending or potential litigation, but only when an open
meeting would have an adverse effect on the bargaining or litigation position of the public
body and 29 Del. C. §10004(b)(2) - Preliminary discussion on site acquisitions for any publicly
funded capital improvements, or sales or leases of real property. The motion was seconded by
Mr. Slavin and unanimously carried.
The Special Council Meeting recessed into Executive Session at 6:12 p.m.
The Executive Session adjourned at 6:37 p.m.
ACTION RESULTING FROM THE EXECUTIVE SESSION
Tentative Agreement - AFSCME (American Federation of State, County, and Municipal Employees)
During the executive session, members of Council were provided a summary of the labor contract
negotiations with AFSCME.
Mr. Slavin moved for approval of the AFSCME (American Federation of State, County, and
Municipal Employees) contract. The motion was seconded by Mr. Sudler and unanimously
carried.
Potential Land Acquisition
During the executive session, members of Council were provided a summary of a potential land
acquisition.
Mr. Slavin moved to authorize the City Manager to execute an agreement for the purposes
discussed in the executive session pertaining to the purchase of property and that the
agreement is authorized for the City Manager’s signature and must be completed by
October 15, 2020. The motion was seconded by Mr. Sudler and unanimously carried.
Mr. Sudler moved for adjournment, seconded by Mr. Rocha and unanimously carried.
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The Special Council Meeting adjourned at 6:39 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Special
Meeting of September 28, 2020 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
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REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held by video conference on September 28, 2020 at 7:30 p.m.
with Council President Hare presiding. Council members present via video or telephone were
Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Cole (arrived at 7:33 p.m.), Mr. Rocha,
Mr. Taylor, and Mr. Lindell.
Staff members present via video or telephone were Police Chief Johnson, Ms. Peddicord,
Mrs. Mitchell, Mr. Hugg, Mr. Rodriguez (arrived at 7:34 p.m.), and Mrs. McDowell.
Mayor Christiansen was absent.
A moment of silence was held for Mr. Devin Wright, a Delaware State College Student who was
killed at an event in Schutte Park. The invocation was given by Councilman Rocha, followed by the
Pledge of Allegiance.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Mr. Taylor and unanimously carried.
Mr. Hare requested that item #5C, Dover Human Relations Commission Appointment, and item
#6B, Silver Lake Commission Appointments, be deleted from the agenda.
Mr. Neil moved for adoption of the consent agenda, as amended, seconded by Mr. Rocha and
carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 14, 2020
The Minutes of the Regular Council Meeting of September 14, 2020 were unanimously
approved by motion of Mr. Neil, seconded by Mr. Taylor and bore the written approval of
Mayor Christiansen.
PROCLAMATION - CYBER SECURITY AWARENESS MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, we recognize the vital role that technology has in our daily lives and in the future of
the City of Dover. Today many citizens, schools, libraries, businesses, and other organizations use
the Internet for a variety of tasks, including keeping in contact with family and friends, managing
personal finances, performing research, enhancing education, and conducting business. Critical
sectors are increasingly reliant on information systems to support financial services, energy,
telecommunications, transportation, utilities, healthcare, and emergency response systems; and
WHEREAS, Internet users and our information infrastructure face increasing threats of malicious
cyber-attacks, invasion of privacy from spyware and adware, and significant financial and personal
privacy loss due to identity theft and fraud. The National Cyber Security Alliance's 2020
Cybersecurity Awareness Month theme, "Do Your Part. #BeCyberSmart." Empowers individuals
and organizations to own their role in protecting their part of cyberspace, with a particular emphasis
on the key message for 2020: "If you connect it, protect it; and
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 2
WHEREAS, monitoring your accounts, being conscientious of what you share online, keeping
computer software up to date, creating unique passwords and changing them regularly, installing
anti-virus programs and firewalls, and using mobile devices safely are ways you can protect yourself
from phishing, viruses, malware, financial loss, and loss of sensitive data; and
WHEREAS, the STOP. THINK. CONNECT.™ Campaign serves as the national cybersecurity
public awareness campaign, implemented through a coalition of private companies, nonprofit,
government organizations, and academic institutions working together to increase the public's
understanding of cyber threats and empowering Americans to be safer and more secure online; and
WHEREAS, Delaware's DigiKnow Campaign is aimed at increasing the understanding of cyber
threats and empowering the public to be safer and more secure online. Maintaining the security of
cyberspace is a shared responsibility in which each of us has a critical role, and awareness of
computer security essentials will improve the security of the City of Dover information infrastructure
and economy.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim October 2020 as Cybersecurity Awareness Month in the City
of Dover and urge all citizens to learn about cyber security and put that knowledge into practice.
Mr. Andy Siegel, Director of Information Technology for the City of Dover, pointed out that
Cybersecurity Awareness Month occurs annually in October and that there was a lot of good
technical cybersecurity tips and a monthly newsletter available on the Information Technology
webpage. He reminded everyone that cybersecurity is a shared responsibility for everybody, not just
something that IT does, but that it is everybody's responsibility to keep everybody safe.
PROCLAMATION - EXTRA MILE DAY
The City Clerk read the following Proclamation into the record:
WHEREAS, the City of Dover is a community, which acknowledges that a special vibrancy exists
within the entire community when its individual citizens collectively "go the extra mile" in personal
effort, volunteerism, and service; and
WHEREAS, the City of Dover encourages its citizens to maximize their personal contributions by
giving of themselves wholeheartedly and with total effort, commitment, and conviction to their
individual ambitions, family, friends, and community; and
WHEREAS, the City of Dover chooses to shine a light on and celebrate individuals and
organizations who "go the extra mile" in order to make a difference and lift up fellow members of
their community; and
WHEREAS, the City of Dover recognizes the mission of the Extra Mile America Foundation
to create 550 Extra Mile cities in America and is proud to support "Extra Mile Day".
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 3
NOW THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE do hereby proclaim November 1, 2020 to be Extra Mile Day in the City of Dover
and encourage each individual in the community to take time on this day to not only "go the extra
mile" in his or her own life, but to also acknowledge all those who are inspirational in their efforts
and commitment to make their organizations, families, community, country, and world a better place.
PROCLAMATION - FIRE PREVENTION WEEK
The City Clerk read the following Proclamation into the record:
WHEREAS, the City of Dover is committed to ensuring the safety and security of all those living
in and visiting our City, and fire is a serious public safety concern both locally and nationally. The
National Fire Protection Association's 2020 Fire Prevention Week theme, "Serve Up Fire Safety in
the Kitchen" effectively serves to educate the public on cooking hazards, the dangers of unattended
cooking, and precautions individuals can take to prevent cooking-related fires; and
WHEREAS, cooking is the leading cause of home fires and home fire injuries in the U.S. It is vital
for residents to identify places in their home where fires can start and eliminate those hazards, and
have a planned and practiced home fire escape plan; and
WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; therefore,
residents should install smoke alarms in every sleeping room, outside each separate sleeping area,
and on every level of the home. Residents should listen for the sound of the smoke alarm and if it
sounds, respond by going outside immediately to the designated meeting place.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim October 4 - 10, 2020 as Fire Prevention Week in the City of
Dover and urge all residents to check their kitchens for fire hazards, use safe cooking practices and
to support public safety activities and efforts of the City of Dover's fire emergency services.
PROCLAMATION - HALLOWEEN TRICK-OR-TREAT
The City Clerk read the following Proclamation into the record:
WHEREAS, the children of the City of Dover enjoy the fun and festivities associated with the
observance of the Halloween Trick-or-Treat custom of emerging from their homes as ghosts,
witches, princesses, cartoon characters, caped crusaders, or action heroes and traveling with friends
and family door to door throughout the neighborhood to gather treats; and
WHEREAS, Trick or Treat is a time for children to co-mingle interact and relieve stress they can
no longer do at school or in other social engagements. We feel it is important to honor the tradition
of Trick-or-Treating, we all have a duty to each other; and
WHEREAS, Children ages 12 and under may participate in Trick-or-Treating in small groups, ages
will be strictly enforced. Parents must accompany their children throughout their journeys in
celebrating Halloween Trick-or-Treat and to practice social distancing and wear face coverings as
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 4
stated in the Governor's guidelines. Motorists are urged to drive with extra caution and to be ever
watchful of our youngsters making their rounds; and
WHEREAS, it is requested that residents indicate their willingness to welcome children by keeping
their porch or exterior lights on and that youngsters call only on homes which are lighted.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim that the Halloween Trick or-Treat observance be held on the
31st day of October 2020, between the hours of 5:00 p.m. and 8:00 p.m. in the City of Dover and
urge all residents, both young and old, to make this a happy and safe occasion for our children.
PROCLAMATION - HISPANIC HERITAGE MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, throughout our history, our Nation has been enriched by the storied pasts of all who
call the United States of America home. During National Hispanic Heritage Month, we honor all
American citizens of Hispanic descent and celebrate their rich and vibrant traditions of faith, family,
hard work, and patriotism. America's Hispanic community has woven unique threads into the fabric
of our country with their spirit, energy, and leadership and Hispanic Americans have played an
important role in shaping our national character. We are grateful for the innumerable contributions
they make to our society, which are vital to our thriving Nation; and
WHEREAS, as a Nation, we are bound by our shared ideals. America's Hispanic community has
the same dreams, values, trials, and triumphs of people in every corner of our country, and they show
the same grit and determination that have carried us forward for centuries. During National Hispanic
Heritage Month, let us renew our commitment to honor the invaluable ways Hispanic Americans
contribute to our common goals, to celebrate Hispanic culture, and to work toward a stronger, more
inclusive, and more prosperous society for all; and
WHEREAS, the 2020 National Hispanic Heritage Month theme, "Hispanics: Be Proud of Your Past,
Embrace the Future," invites all Hispanics in the City of Dover community to embrace their
backgrounds, be proud of who they are and where they came from.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim September 15 through October 15, 2020, as Hispanic Heritage
Month in the City of Dover and urge all citizens to observe this month with appropriate ceremonies,
activities, and programs.
PROCLAMATION - COMMUNITY PLANNING MONTH
The City Clerk read the following Proclamation into the record:
WHEREAS, change is constant in every community and affects all of us, and community planning
can help manage change in a way that provides better choices for how people work and live.
Community planning provides an opportunity for all residents to be involved in making choices that
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 5
determine the future of their community and requires public officials and citizens who understand,
support, and demand excellence in plan development and implementation; and
WHEREAS, the American Planning Association and its professional institute, the American
Institute of Certified Planners, endorse National Community Planning Month as an opportunity to
highlight the contributions that sound planning and plan implementation make to the quality of our
communities and environment; and
WHEREAS, the 2020 National Community Planning Month theme, "Planning Is Essential To
Recovery," highlights the importance of community planning to help existing businesses thrive,
while continuing to build our community.
NOW THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER,
DELAWARE, do hereby proclaim the month of October 2020 as COMMUNITY PLANNING
MONTH in the City of Dover, and encourage all citizens to join me in recognizing the participation
and dedication of the staff of the City of Dover Department of Planning and Inspections, members
of the City of Dover Planning Commission and the valuable contributions made by other community
and regional planners and our partner agencies at the State and County levels. We extend our
heartfelt thanks for the continued commitment to public service by these professionals and private
citizens.
PUBLIC HEARING - RESOLUTION NO. 2020-11 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.
2020-11Approving the Issuance of Certain Bonds or Notes by Robbins Hose Company No. 1 of
Dover, Delaware.
Mrs. Donna Mitchell, City Manager, advised that the Fire Department proposes to issue up to
$757,900 of bonds or notes for the purpose of financing a portion of the costs of a new 2020 Pierce
Enforcer Pumper/Rescue. She noted that the apparatus was approved during the last fiscal year and
is scheduled to be delivered in October. Mrs. Mitchell also noted that the loan would have a tax-
exempt interest rate.
Council President Hare declared the hearing open.
There being no one present wishing to speak during the public hearing, Council President Hare
declared the hearing closed.
By motion of Mr. Neil, seconded by Mr. Lindell and, by a unanimous roll call vote, Council
adopted Resolution No. 2020-11, as follows:
A RESOLUTION APPROVING ISSUANCE OF CERTAIN BONDS OR NOTES BY THE
ROBBINS HOSE NO. 1 OF DOVER, DELAWARE
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 6
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
$757,900.00 of bonds or notes of the Company (the "Bonds") for the purpose of financing a portion
of the costs of a new 2020 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 September 28, 2020, 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:
1. The maximum principal amount of Bonds expected to be issued to finance the
Project is $757,900.00.
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
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 7
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 acceptance 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 $757,900.00 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: SEPTEMBER 28, 2020
CO UNCI L COMMI T T E E O F T H E W H O L E REPO RT -
SEPTEMBER 15, 2020
The Council Committee of the Whole was held by video conference on September
15, 2020 at 6:00 p.m., with Council President Hare presiding. Council members
present via video or telephone were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Cole
(arrived at 6:50 p.m.), Mr. Rocha, Mr. Taylor, and Mr. Lindell. Mr. Slavin was
absent. Civilian members present via video or telephone for their Committee
meetings were Mr. Contant (Legislative, Finance, and Administration), Mr. Caldwell
(arrived at 6:12 p.m.) and Col. Dix (Ret.) (Parks, Recreation, and Community
Enhancement). Ms. Maucher (Utility) and Mr. Shevock (Legislative, Finance, and
Enhancement) were absent.
UTILITY COMMITTEE
The Utility Committee met with Council President Hare presiding in the absence of
Chairman Cole.
Adoption of Agenda
The agenda was adopted by unanimous consent.
Update #2 on Development of Provisions and Ordinances for Wireless
Communications Facilities - Proposed WCF Ordinance and Proposed Small
Wireless Communications Facility (SWCF) Design Manual
Mrs. Dawn Melson-Williams, Principal Planner, reviewed the presentation titled
"Wireless Communications Facilities - Update on Development of Provisions and
Ordinances".
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 8
Staff recommended the review of the Proposed Draft Ordinance and the Preliminary
Draft Design Manual and forwarding them to City Council for a First Reading and
establishment of Public Hearing dates with Planning Commission and City Council.
The draft Ordinance will need formatting into proper Ordinance format and review
by the City Solicitor. Preliminary Draft Small WCF Design Manual continues to be
refined.
Responding to Mr. Taylor's questions regarding safety and violations,
Mrs. Melson-Williams provided the following information:
• There is not really a recommended distance between the WCF for safety
reasons that they have found in their research. They are based on some of the
needs of technology and some spacing for proximity to have the system work.
The ordinance itself deals more with height, and then if it is not in the
right-of-way and it is on a property, than distance from property lines.
• Most of what they anticipate coming into the City are the Small Wireless
Facilities. They tend to like to locate them on existing poles, whether that is
a light pole or a certain available utility pole that exists in the right-of-way.
Currently the ordinance does not have a spacing parameter as written.
• With it being a zoning ordinance, the violation of one of these ordinances
could be a Code Enforcement matter. There are also some provisions that if
it is something that becomes attached to a City-owned pole that the Master
Licensing Agreements with that franchisee could dictate how they go about
removal of unauthorized placements.
• Regarding whose responsibility it is to fix the towers in the event one was to
fall, there are some provisions related to that in the ordinance itself. There is
a section about maintenance and care of facilities and there also would be
provisions in the Master Licensing Agreements that deal with that situation.
It may depend on how the pole was actually hit to make it fall.
• Section 23.93 of the ordinance is about construction and repairs in the
right-of-way. Work in the right-of-way typically has to be coordinated with
the Electric Department and Public Works. Item number two talks about in
the event of damage, so it does place a responsibility on the Small Wireless
Communication Facility for the costs associated with repair, unless it was
related to a City issue that caused the demise of the pole.
Responding to Mr. Anderson, Mrs. Melson-Williams stated that if a company does
not pay the annual fees there are a couple of ways where annual fees are triggered.
She stated that some of that information is found in the Master Licensing
Agreements, use of right-of-way, which is proposed potentially as another annual fee.
Mrs. Melson-Williams noted that there are probably provisions in the ordinance that
deal with the lack of payment, but they need to sort out that whole process works.
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 9
Responding to Mr. Sudler regarding private poles, Mrs. Melson-Williams provided
the following information:
• The term "private," could be a pole that, while located within the City
right-of-way, the pole itself is proposed by ownership of a third party, or they
could have the placement of a facility. This process sets up how they deal
with each of those, so it depends on where it is and what it is.
• A lot of the poles that they would find on what they will call "private
property" may be owned by the industry group, and they enter an agreement
with a property owner, either to acquire the land or to lease the space. They
could be leasing space on an existing water tower, so they have a number of
leases on the City facilities, whereas the private entity of the Wireless
Communication Facility owner is in some type of ownership or lease
agreement with another property owner or object owner.
Mr. Sudler suggested holding a workshop during this process to inform the citizens
of Dover about how it affects the private-owned poles so that they could have a better
understanding as well.
Responding to Mr. Sudler regarding the process of private owners leasing the space,
Mrs. Melson-Williams stated that a lot of times the Wireless Facility owner will go
out looking for a place and that it really is a private matter. She noted that the City
does not get involved unless it is a City-owned right-of-way, or a City-owned
building, structure, or pole that they want to be attached to. Mrs. Melson-Williams
noted that it is really out of the City's hands and that it is like making any other real
estate deal.
Mr. Neil moved to forward the Proposed Draft Ordinance and the Preliminary
Draft Design Manual to City Council for a First Reading and establishment of
Public Hearing dates with Planning Commission and City Council, as
recommended by Staff. The motion was seconded by Mr. Taylor and
unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Rocha and carried by a unanimous roll call vote. (The First Reading of the
ordinance will take place during the latter part of the meeting.)
Approving the Form and Content of a Model Master License Agreement for
Small Wireless Communication Facilities Attached to City of Dover Assets
Mr. Matthew Harline, Assistant City Manager, reviewed the background and analysis
of the form and Content of a Model Master License Agreement for Small Wireless
Communication Facilities Attached to City of Dover Assets.
Staff recommended the approval of the Model Master License Agreement and
authorizing the City Manager to sign agreements with individual carriers.
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 10
Mr. Neil moved to recommend approval of Staff's recommendation. The motion
was seconded by Mr. Lindell and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Model Master License Agreement
(Exhibit #1) and authorizing the City Manager to sign agreements with individual carriers.
The motion was seconded by Mr. Rocha and carried by a unanimous roll call vote.
Mr. Neil moved for adjournment of the Utility Committee meeting, seconded by
Mr. Taylor and unanimously carried.
Meeting adjourned at 6:38 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Lindell
presiding.
Adoption of Agenda
Mr. Lindell requested that item #1 - Equalized Payment Plan Program (also known
as Budget Billing) - Options of the Legislative, Finance, and Administration
Committee be removed.
Mr. Neil moved for approval of the agenda, seconded by Mr. Rocha and
unanimously carried.
Equalized Payment Plan Program (also known as Budget Billing) - Options
This item was removed from the agenda.
Proposed Amendments to the Purchasing Policy
Mrs. Donna Mitchell, City Manager, reviewed the proposed amendments to the
purchasing policy.
Staff recommended approval of the recommended changes.
Responding to Mr. Neil, Mrs. Mitchell clarified that Tyler Munis is the new system
and HTE is the former system. She indicated that changing systems would require
an amendment to the document. Mrs. Mitchell noted that it is a policy document and
that the reason that they are making the administrative changes is to change the
wording to match the new system.
Responding to Mr. Anderson regarding minority contractors, Mrs. Mitchell stated
that the 3% minority vendor’s preference would apply to all purchasing and that they
can require at least one of the vendors under consideration be a minority vendor or
have a letter of justification be a part of the process.
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 11
Mr. Hare moved to recommend approval of the recommended changes and a
review of the suggestion made by Mr. Anderson regarding minority vendors.
The motion was seconded by Mr. Anderson and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the recommended changes to the
Purchasing Policy (Exhibit #2), as recommended by the Committee. The motion was seconded
by Mr. Rocha and carried by a unanimous roll call vote.
Proposed Ordinance #2020-11 - Chapter 46 - Fire Prevention and Protection,
Article II - Fire Department, Division 1 - Generally and Division 2 - Officers
Mr. Tim Mullaney, Jr., President of Dover Fire Department, reviewed the
background regarding proposed ordinance #2020-11 - Chapter 46 - Fire Prevention
and Protection, Article II - Fire Department, Division 1 - Generally and Division 2
- Officers.
Staff recommended the adoption of Ordinance #2020-11.
Fire Chief Ronald Rhodes, Sr. stated that this was going to help them move forward
to answer calls and continue to recruit new members. He noted that it expands their
boundaries a little bit to help out and that he agreed with all of the changes.
Responding to Mr. Sudler, Fire Chief Rhodes stated that they would like to have the
first engine on the street within the first six minutes from the time of dispatch.
Regarding any mile constraint in the new proposed policy that would make a
potential firefighter employee ineligible due to traffic safety concerns, Fire Chief
Rhodes stated that depends on the time of day. He noted that, by law, they are
allowed to proceed as an emergency vehicle, but they still have to follow the same
rules as an emergency vehicle when it comes to stop signs, red lights, and speed.
Responding to Mr. Sudler regarding retention rate for firefighter employees, Fire
Chief Rhodes stated that their membership is, as far as demographics are concerned,
getting older. They have an influx that once they complete high school, they go to
college or move out of the district. He noted that they have some support out of the
Wesley College students and that with COVID, they lost two of those guys until they
just recently came back. He noted that the membership is a ride along program where
they can come up and participate in their duty crews. There are also times that they
have to sound the general alarm and reduce the number of times that responders will
have to respond.
Mr. Taylor stated that the appeals of suspension could potentially be a liability issue
for the City. He noted that if someone feels as though the decisions that are being
made are disingenuous, and they are appealing to the exact same people who they are
accusing of being disingenuous, he believes that is a recipe for disaster. Mr.
Mullaney stated that they have a specific appeal process within their constitutional
bylaws and any member that feels as though the punishment that they have been
provided for whatever infraction, whether it was the President or the Fire Chief,
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 12
because those are the only two that can issue those types of disciplines, there is an in
depth process that they need to follow. Mr. Mullaney stated that it is in line with just
about every other fire department throughout the State, in all big cities, with the
exception of the City of Wilmington.
Mr. Mullaney stated that the process that they have spells out what the actual
firefighter can do in any circumstance. He advised that it goes through a process that
has been in place for longer than he has been a member. Mr. Mullaney noted that he
did not remember anybody appealing a suspension to the City, because they are
attached to the City in a sense, however, the Volunteer Fire Department falls within
that membership and that is where those members appeal to. Mr. Mullaney stated that
he understood the concern of liability. He noted that the number of people that are
provided any type of discipline had their right to appeal it, and most choose not to.
Mr. Mullaney stated that if any member had an issue with any type of discipline that
they were provided, that they would follow the bylaws and, if they needed to, take the
Fire Department to court over that. Mr. Mullaney stated that in recent past, they had
one incident where that did occur, the Fire Department was on their own in that
sense. He noted that the City did not cover any legal fees. Mr. Taylor stated that he
understood the explanation, but it did not satisfy his concern.
Responding to Mr. Lindell, Mr. Mullaney stated that the Fire Company is
incorporated, and they are their own legal entity as far as that is concerned.
Mr. Lindell stated that would address the concerns.
Mr. Hare stated that a lot of this is internal Fire Department procedure and that the
Fire Department does respond to fires that are in City limits, and if there is someone
that lives outside of City limits and they are able to come in, that works. Mr. Hare
stated that if the Fire Department gives a two-week suspension to someone for a
violation, they are the ones that know better whether that person should be
suspended. Mr. Hare noted that he trusts the Fire Department, the Chief, and
President, and that if they need these changes to try to attract more members and
continue doing it, that was is fine.
Mr. Rocha, regarding the appeal of suspension issue, noted that this is protection or
an option for the suspended member. He stated that he could not see how that would
hinder recruitment and did not see why they should take it out without giving the
suspended member an option to make an appeal to City Council.
Responding to Mr. Rocha regarding the verbiage of Section 46-73. - Qualifications.
- (a), Mr. Mullaney stated that it is not correct to assume that only a male can be
nominated for the position. He noted that they had a female Line Officer this current
year. He noted that could have been an oversight.
Mr. Neil moved to recommend adoption of Ordinance #2020-11, pending the
change of language to make it gender neutral. The motion was seconded by
Mr. Hare.
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 13
Mr. Sudler stated that he felt as though their oversight as City Council has been
somewhat diminishing slowly and that he was not comfortable with that. He stated
that he cannot support anything that removes oversight, which City Council has been
entrusted to do.
Mr. Hare asked if Mr. Neil, Fire Chief Rhodes, and Mr. Mullaney were okay with
leaving the option for the suspended fire person to appeal to City Council, if they
chose. Responding, Mr. Mullaney stated that this was not solely his or the Fire
Chief's decision, noting that the amendments were voted on by their membership and
put forth because that is what the general membership wanted, which would include
the members that would have been suspended and have the potential to be suspended
now and in the future. Mr. Mullaney noted that if the Committee takes an action now
based on what they feel is best, and they would like to retain that verbiage, that is
something that he will certainly take back to the company at their next company
meeting to inform them of that change.
Mr. Lindell noted that if membership is unhappy with keeping that in there, they can
have further discussion on it without delaying the other changes that are needed to
maintain the strength of their Volunteer Fire Department.
Mr. Neil withdrew his original motion of adoption of Ordinance #2020-11, pending
the change of language to make it gender neutral.
Mr. Neil moved to recommend adoption of Ordinance #2020-11, pending the
change of language to make it gender neutral and adding Section 46-46 - Appeal
of suspension, back into the original document. The motion was seconded by
Mr. Hare and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Rocha and carried by a unanimous roll call vote. (The First Reading of the
ordinance will take place during the latter part of the meeting.)
Proposed Amendments - Dover Human Relations Commission (Anderson,
Rocha, and Sudler)
Mr. Anderson, Mr. Sudler and Mr. Rocha reviewed the background of the proposed
amendments to the Dover Human Relations Commission (DHRC).
Responding to Mr. Hare, Mr. Anderson stated that he agreed that if both parties to
a dispute are outside of the City, it should go to the State Human Relations
Commission. He noted that if one party is in the City and one party is not in the City,
or owns property or a business in the City, then that is City jurisdiction.
Mr. Anderson stated that if both parties voluntarily agree to undergo mediation, then
there would be no issue, and if they do not agree, then the jurisdiction would switch
to the State Human Relations Commission.
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 14
Responding to Mr. Hare regarding if the DHRC would start working on their purpose
as outlined in the Dover Code and involve segments of the community,
understanding, appreciating the benefits of inter group relations, Mr. Anderson stated
that yes, that is part of what meditation does. He noted that the strategic plan is based
upon those factors and that they are endorsing to fulfill the vision that is outlined by
the Code.
Mr. Hare stated that the Chair would see the intake form after it has been vetted by
Mr. Rodriguez to know whether it is in their jurisdiction. He noted that he did not
think the Commission should address complaints against the City, City Council, or
other City offices. Mr. Rocha responded that it would be under the purview of the
Ethics Commission.
Mr. Sudler stated that his only addition is to make sure that any complaint that is
received goes to the Chair, in addition to legal counsel, simultaneously, because they
do not want a Chairperson to be unaware of anything that was submitted. Mr. Sudler
stated that even if it is not necessary, it is out of respect for the Chair. He suggested
that the Chair should be made aware of the scenario and why it did not have merit to
go forward so that they can explain to the constituent.
Mr. Hare stated that he did not disagree with Mr. Sudler, but he did not think that it
was the Chair's position. He stated that if someone in the City files a human relations
complaint, it should go to the City Clerk's Office and the Council person whose
district it is in, then they should be advised of the complaint. Mr. Hare stated that it
goes to Mr. Rodriguez, then if that person has a question, they will be advised that
their Council person knows about it, it is being vetted, and it will go to DHRC.
Responding to Mr. Taylor, Mr. Sudler stated that if there is a complaint made against
an officer or any first responder it would be handled by internal affairs. Mr. Sudler
noted that the Dover Police Department has their own internal complaint form and
it would probably be forwarded to the City Solicitor for advice. Mr. Sudler noted that
people would file with the City Clerk's office, or members would have some intake
forms, but then they would have to give it directly to the City Clerk's office. They
would have to file, stamp, and see if it was within their purview, if it was not, it
would go to the proper department.
Mr. Lindell stated that one of the issues that is preventing the Commission from
maturing as an organization is the way the membership is broken down and chosen.
He noted that they have had two vacancies for a while and had constant turnover. Mr.
Lindell stated that there was a lot of frustration about not having a lot of direction
from Council as far as what needs to happen. Referring to the DHRC minutes of May
27, 2015, Mr. Lindell advised that Mr. James McGiffin, Jr., former Council member,
added the idea of interviewing people, surveys, and creating focus groups on
diversity. He stated that those are the types of things he would like to see the
Commission focus on. Mr. Lindell noted that he would like to get this done right and
take the time to do it and he would start with talking to Mr. Rodriguez to see what
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 15
they can and cannot do and what conflicts with the State Human Relations
Commission. He stated that across the Committees, they need to bring younger
people into the fold.
Mr. Sudler agreed with Mr. Lindell and stated that a part of getting it right is taking
the first step. He noted that this would be a great opportunity to get mediation
training for the current commissioners to get them started and it really would not cost
too much of their time or taxpayers' money. Mr. Sudler stated that this is the echo
that they heard in Dover Park with Dover Human Relations Commissioner Reverend
Rita Mishoe Paige and three to four State and Delaware Central branch City NAACP
members and members of the community.
Mr. Neil stated that they have to start now, and they can enhance later. He noted that
this Commission basically has helped them spread the word that they are doing things
right, and for that reason, he is going to support this recommendation.
Responding to Ms. Lachelle Paul, Mr. Rocha stated that the description of the
DHRC’s mission is in the strategic plan. Ms. Paul expressed her concerns regarding
the racial tension issues, not just in the City of Dover, but all over the country. She
noted that the community could actually become a part of helping bridge the gap so
that they can work on things that are more important than the racial tension.
Mr. Sudler moved to recommend approval of the recommendations, seconded by
Mr. Anderson.
Responding to Mr. Taylor, Mrs. Mitchell stated that they have a social media
employee policy that all employees have to sign off on every year. She noted that she
did not know if they give it to committee members or Council members, but she
would check into that.
Mr. Lindell requested that the motion include their due diligence with legal opinions
and that when it goes to Council, it is off the consent agenda so Councilman Slavin
has a chance to respond, if he so desires.
Mr. Anderson and Mr. Sudler both concurred with the addition to the motion.
Mr. Anderson moved to recommend restoration of the intake form, allowing the
Commission to participate in non-binding mediation, and encouraging
participation in community education. Additionally, allowing the
recommendations to be reviewed by the City Solicitor's Office before the
Council meeting, and that the item not be on the consent agenda when it is
considered by City Council. The motion was seconded by Mr. Sudler and
unanimously carried.
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 16
During the Council Meeting, Mr. Lindell, Chair of the Legislative, Finance, and Administration
Committee, advised that Councilman Anderson, Councilman Rocha, and Councilman Sudler brought
this item before the Committee to revise and make some amendments and adjustments to the Dover
Human Relations Commission, specifically reevaluating their purpose when it comes to non-binding
mediation, to solve potential issues of discrimination in a non-binding fashion. He noted that it was
the consensus of the Legislative, Finance, and Administration Committee to move forward.
Mr. Lindell noted that City Solicitor Rodriguez was requested to provide a legal opinion on the
proposed changes and how they would impact the State Human Relations Commission and other
entities. He noted that the legal opinion had been provided.
Mr. Slavin observed that when they create a body like the Dover Human Relations Commission at
the local level, they want to make sure that the City’s ordinances are not in conflict with any portion
of the state law that guides the State Human Relations Commission. He also encouraged keeping the
lines of communication open with the State Human Relations Commission and
Ms. Ramona Fullman, who is the Executive Director. Mr. Sudler offered to serve as a liaison
between the State Human Relations Commission and the Dover Human Relations Commission,
since he had experience on both committees.
Mr. Anderson moved for approval of the restoration of the intake form, allowing the
Commission to participate in non-binding mediation, and encouraging participation in
community education, as recommended by the Committee. The motion was seconded by Mr.
Sudler and unanimously carried.
Status of Other Post-Employment Benefits (OPEB) and Pension Funds
Mrs. Donna Mitchell, City Manager, reviewed the Status of Other Post-Employment
Benefits (OPEB) and Pension Funds.
Staff advised that it was an information update only.
Proposed Ordinance #2020-05 Amending Chapter 22 - Buildings and Building
Regulations, Article IX - Lodginghouses and Article X - Rental Dwellings
Mr. Dave Hugg, Director of Planning and Community Enhancement, and Council
President Hare reviewed the background of Proposed Ordinance #2020-05 Amending
Chapter 22 - Buildings and Building Regulations, Article IX - Lodginghouses and
Article X - Rental Dwellings.
Staff advised that it was an information update only.
Mr. Contant asked if they could walk through how this ordinance would actually be
enforced and what actions would be taken. He expressed his concerns regarding some
of the nuisance laws that they have had with rental properties which were never
actually used because there was an issue with enforcement.
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 17
Mr. Hare reviewed the process, history, and background information regarding
proposed ordinance #2020-05. He noted that, for the most part, it would be
complaint-driven but they would have to have a rental permit.
Mr. Contant asked how they would prove what actually happened if the violation
took place on the weekend, especially when they are dealing with short term rentals.
He noted that they already know they do not have enough inspectors. Mr. Contant
asked, based on subsequent fines, if the property owner does not pay, what is the City
going to do. Mr. Hare stated that if it is an Airbnb and someone files a complaint,
they will be able to go there on Monday and speak to the owner that lives there and
say they have received a complaint. Mr. Contant stated that the property in question
that started all of this was not listed on Airbnb. He asked how the City would address
the people who are skirting around the typical channels of finding short term tenants.
Responding, Mr. Hare stated that they can always have the inspectors contact the
owners to obtain a copy of their lease because they are getting complaints, then they
tell the owner what the issues are and if they are not going to address them it goes on
from there.
Mr. Contant stated that he was fairly certain that there was no lease agreement in the
case that started all of this. He asked how the City was going to use the ordinance to
effectively enforce this on the house that does not appear to be following proper
channels for renting anyway. Responding, Mr. Hare stated that they can revoke the
rental permit until the owner comes in and addresses the questions, and they can start
getting violations, then the violations will build up. He noted that if there is a notice
put up that the house cannot be occupied because there are a certain amount of
violations, they cannot occupy the house if they are not the owner because there
would be no rental permit.
Mr. Hugg stated that the ordinance did the following things:
• It enlarges the kinds of violations that could be brought against the property.
Using the property for a rental purpose without a rental license is a code
violation on its own. They ultimately have the power to prevent people from
occupying that house if need be.
• Before that, there are a series of fines and penalties that if they are not paid,
they roll over as an addition to taxes and either they get paid or the property
moves through the default process.
• It strengthens the ability of the Police Department to use the provisions that
are in the disorderly premises law.
Mr. Hugg stated that it gives them more tools to bring to bear, but the most important
thing it does is, it would say to the person who owns the property of Stewart Court,
because they do not live there, they have no right to operate it as any kind of
temporary, short-term use. The only available option to them would be to get a
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 18
regular City of Dover rental license with inspection and meet those code
requirements. Mr. Hare noted that they could be a bed and breakfast too. Mr. Hugg
stated they could, but they would have to get a conditional use permit and they would
have to have the proper underlying zoning, so that would be quite difficult for them,
but it is an option that they could pursue if they really wanted to.
Mr. Taylor stated that it appears that they are going to spend $500 to $1,000 in man
hours trying to collect $100 and that they need to streamline this process. Mr. Hare
stated that he thought it would be considerably more than $100. Mr. Taylor stated
that it states in the packet material that the annual licensing fee is $50 and penalties
for violations are $100 for the first offense, $300 for the second offense, and $500
for any subsequent offense leading up to 24 months of the license being suspended.
Mr. Taylor noted that if it is the weekend and they have to determine whether or not
there was a violation that Monday or Tuesday, code enforcement is already short
when it comes to personnel.
Mr. Hare stated that if the ordinance was passed, then the property would need to be
an owner-operated Airbnb or a bed and breakfast property, or a leased rental
property. He noted that the violations would not matter because they can revoke the
rental permit. Mr. Hare advised that the fines are strictly what is in there now, but if
the ordinance is adopted and the property has to be either an Airbnb, a bed and
breakfast, or a leased rental property, they are not going to waste time with code
enforcement or the police. Mr. Hugg noted that then it could no longer be occupied
by anybody but the owner, so if they revoke the rental permit, no one can occupy the
property legally.
Mr. Neil noted that enforcement would be complaint driven and the complaint would
be referred to the police and they are going to be the initial contact because a
complaint had been made about noise or something else by a neighbor. He stated that
if there are no problems to be found, there is no action that the police or code
enforcement are going to have to take. Mr. Neil noted that having these rules and
regulations in place basically gives them some teeth to take action when there is a
complaint.
Mr. Taylor stated that he did not disagree with Mr. Neil but noted that if they are
talking about police reform, they do not want the police responding to every single
complaint and this would fall well within that. He noted that it sounded civil and they
want the police officers to be more proactive and start handing things off and not
responding to this. Mr. Taylor expressed his concerns regarding man hour costs.
Mr. Hare stated he thought they were missing the point and that this was not about
the police. He advised that the police do not even need to be involved. Mr. Hare
stated that this is about the proper licensing of properties for proper usage. He noted
that the Airbnb, hotel, and bed and breakfast owners in the City say they agree, and
they were wondering why some of these properties did not have to meet the
requirements that they have to meet.
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 19
Mr. Lindell asked why they were adding more enforcement mechanisms on top of the
licensing when there were already ordinances that they should be enforcing. Mr. Cole
agreed with Mr. Lindell and indicated that he was confused when they talked about
Dover being good for business. Responding to Mr. Cole, Mr. Hare stated that they
did not disagree but that the Airbnb operators and hotel and bed and breakfast owners
in the City do not have a problem with the regulations. He noted that they were
asking why some of those properties did not have to meet the same regulations that
they do. Mr. Hare stated that these houses of people need to meet one of those three
requirements.
Responding to Mr. Rocha, Mr. Hare stated that the penalties for violations of $100
for the first offense are if they are operating without a licensing fee. Mr. Rocha asked
for an example of the City revoking the license. Mr. Hare stated that if someone
wanted to rent as an Airbnb or bed and breakfast, once they meet the requirements,
they can get a license. He noted that if that person is not going to do any of that and
rent their house, they get a license for $50.00 and do whatever they want. Mr. Hare
advised that if someone contacted the owner and asked for the lease for the rental
property and they did not have it, then they have a revoked rental license and they
have to get one of the other options.
Mr. Anderson stated that he had concerns with the ordinance in the beginning, but
with the revision made, he supported it. He stated that all they were doing was
clarifying the law to make sure that these fit in with the law just like everyone else.
Mr. Anderson noted that the revisions that are being made resolved his concerns
regarding people's rights to use their property.
Mr. Lindell moved to recommend that Mr. Hugg draft the ordinance with the
proposed changes from the various groups that he has talked to for an up or
down vote at the next Committee meeting, or when he has it drafted and
completed. The motion was seconded by Mr. Anderson and unanimously
carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Rocha and carried by a unanimous roll call vote.
Mr. Anderson moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, seconded by Mr. Neil and unanimously
carried.
Meeting adjourned at 9:02 p.m.
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 20
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with Chairman
Anderson presiding.
Adoption of the Agenda
Mr. Neil moved for approval of the agenda, seconded by Mr. Rocha and
unanimously carried.
Presentation - Delaware's State University - The Acquisition of Wesley College
Dr. Tony Allen, President of Delaware State University (DSU), reviewed the
presentation titled, "Delaware's State University - The Acquisition of Wesley
College,".
Responding to Mr. Taylor, regarding safety, retirees, and vision, Dr. Allen provided
the following information:
• Delaware State University, since spring of 2020 has kept 200 students on
campus and about 100 of those students would otherwise be homeless and the
remaining from very vulnerable communities. They knew bringing back their
students would be important, but the only way to do that safely was to have
a full testing protocol and overall protocols that they know work as it relates
to mandatory mask wearing and social distancing, and even how they learn
in the classroom.
• They entered a deal with Testing for America, a consultancy full of scientists
that built their testing protocol and have raised significant money for them to
make sure that they can afford those tests.
• They have tested 7,000 times and their positivity rate is less than half a
percent. They test their students twice a week and if a student tests positive,
they have a residence hall fully dedicated to their isolation and quarantine.
Their instruction is a virtual model and even though they are on campus,
about 85% of their classes they take in a virtual fashion.
• As it relates to Wesley College, they have talked about their plans and he is
familiar with some of their protocols, but they do not mirror one another.
Some of that has to do with the fact that in this year, by protocol, they have
to operate as separate institutions, but he has exposed them to Testing for
America. They have reported a couple of cases on campus to date, but they
are monitoring that closely and know that folks who are responsible for each
of their campuses talk regularly.
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 21
• To his knowledge the acquisition will not affect the pensioners. On DSU's
front, there will be no effect. On the Wesley College front, they have to do a
little more due diligence. As they go through the acquisition, those faculty
and staff remaining with the new DSU will have full access to the benefits
that they normally provide their employees and effectively their retirees.
• It is still vision, not yet on paper, but he believes that the Wesley College at
Delaware State University could be a theme college, and that theme could be
around health and behavioral sciences. Their health and behavioral science
are made up of public and allied health, for instance, nursing, social work,
psychology, and a lot of translational research as well. Bringing more folks
downtown, one, is important, both as it relates to their students, faculty, and
staff.
• Early College High School could actually find a better home in Downtown
Dover. That is about 425 students who are good and across the state, they
actually recruit a third from New Castle County, a third from Kent and a third
from Sussex.
• When they build capacity, they are thinking about downtown as it relates to
economic and cultural vitalization. If they can build a corridor where it really
is a unique opportunity for more young people to be engaged in downtown
activities, more opportunities for experiential learning, across a number of
platforms to go on, and things that they want to have happen.
Responding to Mr. Lindell, regarding Wesley College's employees, Dr. Allen stated
that they are still very early in this process. He noted that Wesley College and DSU's
leaders have begun to spend a lot of time together in the last month and actually have
an outside consultant helping them think through what the configuration will look
like. He stated he could not surmise what the final configuration will look like, but
that they think there is a lot of brand equity in the Wesley name. Dr. Allen stated that
preserving the name is important to them and they believe that there are a number of
very well developed and healthy programs that they can take advantage of. He noted
that over the last six years, they have basically stayed flat from a faculty perspective,
even though they have grown significantly from the student perspective. Dr. Allen
stated as they bring on even more students, it is clear that they will need to bring
some significant level of faculty and staff to support the new configuration.
Responding to Mr. Rocha, Dr. Allen stated that as the merger moves forward, local
students graduating from high school will be able to attend with a lower state tuition,
which is a unique opportunity. Dr. Allen advised that they have the Inspire
Scholarship and they are able to keep their in-state tuition cost’s low with the four-
year support from the State that pays for half of the student's tuition if they can start
out with a 2.75 GPA and maintain it throughout their time at the university.
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 22
Responding to Mr. Anderson regarding community, economic and workforce
development, Dr. Allen stated that they have been working with many organizations
such as the City and NCALL to bring more business downtown. He stated that they
opened an entrepreneurship center at Delaware State University. Dr. Allen advised
that, on the workforce development front, he had a conversation with Barclays Bank
about their technology center at the Sheraton, which is a wholesale facility that can
have many certifications for the up-skilling of under-skilled people in and around the
City. He noted that their idea was to bring that facility downtown, which would be
a significant growth prospect for them. Dr. Allen stated that they already provide
about a hundred certifications throughout the university, but their visibility is not
what they think it should be. Being able to have a more visible place that is attractive
and welcoming to all of the citizens of Dover is something they are very interested
in, and they believe they have the tools and the facility. He stated that they just need
to make sure that they have the right location.
Presentation - Wilmington Hope Commission and Bobby Wilson
Due to the absence of Mr. Bobby Wilson, Mr. Anderson requested that this item be
deferred to the next Parks, Recreation, and Community Enhancement meeting. (This
presentation was deferred by Committee on July 14, 2020.)
Mr. Hare moved to defer this item to the next Parks, Recreation, and
Community Enhancement meeting scheduled for October 13, 2020. The motion
was seconded by Mr. Sudler and unanimously carried.
Presentation - Vines Community Project
Reverend Carol Harris, Vines Community Project, reviewed the background
information of the Vines Community Project and noted the following information:
• In 2017, the Vines Community Project was brought together with herself and
the Delaware National Guard because in 2016 the National Guard realized the
number of addictions and substance use had increased, specifically in the
State of Delaware. The Epic Vision of the Vines Community Project states
"Education and prevention for individuals and communities."
• Their very first initiative was to teach Dover citizens how to dispose of
medication. They distributed Deterra bags throughout the City. Deterra bags
melt the medication into a bag and deactivate whatever medication there is.
After the Deterra bags, they began several Narcan training and distribution
into the communities and into the hands of their citizens.
• They wanted to target their young people and seniors. They wanted to
empower their seniors because they did a survey of seniors that frequent the
Modern Maturity Center and other senior centers and were finding
medication missing. They were getting Deterra bags into the hands of seniors
and helping them have the power to report things, especially if they have
healthcare workers in their homes, or strangers in and out the homes. They
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 23
were trying to teach them how to secure their medication, particularly any
narcotic prescriptions that they had. They started the plan to secure the young
people, and that has taken the crux of their attention in the last year and a
half.
• The Vines Community Program began their Purple Ambassador Program that
allowed them partner with the early college high school and Delaware State
University. With the high schoolers, they empowered them to know the
warning signs amongst their friends or people that were using. They could
notice behavioral signs, see things that were diminishing amongst their
friends, know the signs of addiction and/or use, and that would empower
them on how they report, how they get help. They had to reduce the stigma
that was attached to what their students called "ratting."
• Delaware State University social work students became mentors to their high
school ambassadors and counseling and empowerment groups were formed.
The students made purple commitments, which meant that if they had parties,
they had to be purple (clean) parties and if there was any ambassador amongst
them, that ambassador would have the tools and would know what to do if
there was somebody that was high or in danger and they would know how to
report.
• They used two different curriculums; Dr. Gilbert Botvin's Life Skills Training
and the Prime for Life curriculum. They found that their middle schoolers
were the most compromised amongst their student population. In turn they
developed mentorship so that their high schoolers would then become
mentors to their middle schoolers, and then COVID hit. They have not yet
been able to make that connection. They are working on how they can do that
virtually, because they do want to begin to empower their middle schoolers,
and eventually, elementary schoolers.
• They have maintained partnership with the Dover Police Department and its
Angel program and have been active with Help is Here Delaware and they are
partners with North Node.
Responding to Mr. Taylor, Rev. Harris stated that, initially, they did all the work that
they needed to do out of pocket through the Coalition membership or the donations
of their citizens through their time and financial donations. She noted that this year
was the first year that they have received some grant funding and they have received
some funds from the City to help. Rev. Harris stated that going forward they just
need manpower and mentorship. She noted that they needed people talking about the
cause and staying educated and informed with the numbers.
Mr. Taylor stated that this should be labeled as a healthcare issue and not a criminal
justice crisis. He noted that he would direct some of his discretionary funds to the
Vines Community Project.
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 24
Responding to Mr. Sudler, Rev. Harris stated that because of COVID, a lot of AA
meetings have been shut down and, although a lot of places are trying to have virtual
meetings, when someone is in the cycle of addiction, those personal, one-on-one
meetings are so very meaningful for people to get eyes on you. Rev. Harris provided
her email address, carol_harris@bayhealth.org, and Vines Community Project email,
vinescommunityproject@gmail.com.
Library Reopening Plan
Mr. Brian Sylvester, Library Director, reviewed the background and analysis
regarding the library reopening plan.
Staff recommended opening a temporary computer lab beginning September 28th
with a partial capacity re-opening on October 26th. If the Committee is in agreement,
the Committee should direct staff to proceed and revisit the reopening plan October
20th.
Responding to Mr. Rocha, Mr. Sylvester stated that the number of people they would
allow in the room would depend slightly on the number of computers that they are
able to set up in that space. If they combine both of the two meeting rooms, there is
a receiving wall in the middle. Mr. Sylvester stated there are only 10 support drops,
so if they can run multiple computers off of a single network drop, there is space to
fit 12 to 15 computers with social distancing. He noted that if they are limited by the
number of network drops and can only run one computer off of each of them, then
they would only offer nine because they would need one of those network drops for
a printer.
Mr. Cole expressed his concerns with the opening. He stated that he would like to see
the library keep offering some type of services, whether it be the passport or book
pickup. Mr. Cole stated that he would like to see a structured plan that meets the
Centers for Disease Control and Prevention (CDC) and Delaware of Public Health
(DPH) guidelines. He noted that there are some school districts doing a hybrid
version, but as far as opening the library, they need to really look at some very
structured types of policies.
Mr. Sylvester stated that the Delaware Division of Libraries has put out statewide
guidelines for reopening libraries, which does touch on some of those specifics, but
they do not contain any very, very concrete detail. He noted that they are trying to
offer guidance that applies to very large libraries and very small libraries, so it is
almost a one size fits all approach. Mr. Sylvester stated that they can certainly use
that as a stepping off point for a more detailed plan if that is the direction the Council
would like to take.
Responding to Mr. Anderson, Mr. Sylvester stated that the County Library intended
to reopen Monday of that week, but that plan actually got delayed until early October.
He stated that he did not know the exact date, but that was due to the number of staff
vacancies that they currently have. They did not feel that they could safely operate
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 25
the facility the way they needed to with social distancing and the other types of
restrictions that are in place, so it seems that they will not be opening that library
until, at the minimum, they have filled two or three of those positions.
Mr. Sudler stated that the better safety measure would be to open up around phase
three.
Responding to Mr. Lindell, Mr. Sylvester stated that the Delaware Division of
Libraries (DDL) does not have a recommended date for reopening written in their
guideline. He stated that verbally they have been told that they believe libraries
should reopen when the Governor moves them into phase three. As to whether or not
that would be a full reopening or opening at 60%, they have not really weighed in on
that at least in writing.
Mr. Lindell stated that he would not vote to reopen the library until they are actually
in Council Chambers in person.
Mr. Anderson stated that with this particular plan, people are being crushed
economically and socially by not being able to have access because of the digital
divide. He stated that the more they delay, the more they are harming people, when
everything else is open, even senior centers, athletic fields, recreation departments,
and schools going hybrid. Mr. Anderson stated that there is no reason that a 50,000
square foot type library cannot open two rooms for a dozen people.
Mr. Taylor stated that he agreed with Mr. Anderson, but that his concern was that
they open at this particular point and they go back to where they were before COVID-
19. He stated that he did not want a situation where people cannot go into the library
and be comfortable to sit down at the computer because their homeless population
was using it again as a rest area. Mr. Taylor stated that if Mr. Sylvester was able to
assure him that was not going to happen, then he had his vote wholeheartedly, but if
he was not able to provide him with enough information that relieves that concern,
he did not support the reopening right now. Responding to Mr. Taylor, Mr. Sylvester
stated that a number of the renovations were made to the facility specifically to
address security concerns. He advised that he was hoping to resume their relationship
with Sunstate Security and would like for them to be on site when they offer the
computer lab to provide the necessary security to ensure that they are offering a safe
space, not just in COVID terms, but also in terms of public safety. Mr. Sylvester
noted that they have made changes to the layout, removed furniture, sightlines, and
all of these steps were taken specifically with the goal of improving safety. He
advised that if there were more changes that Council would like them to make, he
would be more than happy to bring people into the building to see what they have
done and give them recommendations for further steps. Mr. Sylvester stated that they
have their Acceptable Behavior Policy, which are the rules and guidelines for being
in the facility. He noted that he was presenting some recommended policy changes
to the Library Advisory Commission.
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 26
Mr. Hare stated that if they decide to open the computer rooms, it should be by
appointment. He also advised that they should ensure that someone that is going to
be sanitizing the computer after each use.
Mr. Neil noted that the library was still providing activity packets for parents to pick
up for their young kids and curbside book services. He stated that as long as there
is COVID, people coming into the library becomes a problem.
Mr. Lindell stated that they need to be prepared and that they need to continue with
those preparations so that when they hit phase three, they can hit the ground running.
Mr. Sylvester advised that there are cleaning protocols in place and that he could
create and provide documentation that describes that in more detail. He stated that
their custodial work is by contract with Atlantic.
Mr. Cole stated that everybody has made some good points, but overall, they are all
in the same boat, they want to see this move forward if things can be opened in a
structured, safe manner. Mr. Cole asked if they could revisit this and if Mr. Sylvester
could provide them with that information.
Mr. Cole moved to recommend not moving forward until there is a clear vision
of guidelines and protocols in place, seconded by Mr. Lindell and unanimously
carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s recommendation,
seconded by Mr. Rocha and carried by a unanimous roll call vote.
Police Athletic League (P.A.L.) Update
Mrs. Donna Mitchell, City Manager, provided an update regarding the Police Athletic
League (P.A.L.).
Mrs. Mitchell stated that they could probably operate the P.A.L. Program out of the
Pear Street Warehouse once they move the inventory to the electric department. She
noted that the P.A.L. Program would be a good use for that facility because it would
make a good gymnasium or could possibly be outfitted in a recreation center kind of
way for the at-risk community that is close by. Mrs. Mitchell advised that the concept
of moving that electric inventory to the power plant would occur during the
decommissioning. She stated that the issue is that it is longer down the road than
what they originally thought with the clean-up program. They are going to have to
go through Delaware Department of Natural Resources and Environment Control
(DNREC) to make sure they do not have any environmental issues and all those
things must be taken care of. Mrs. Mitchell advised that it is not going to be
something that they could do probably in the next year and there will also be some
facility improvements that will need to be made to convert that warehouse space for
a good space for the P.A.L. Program.
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 27
Mr. Hare moved for adjournment of the Parks, Recreation, and Community
Enhancement Committee meeting. The motion was seconded by Mr. Hare and
unanimously carried.
Meeting adjourned at 10:31 p.m.
Mr. Cole moved for adjournment of the Council Committee of the Whole
meeting. The motion was seconded by Mr. Neil and unanimously carried.
Meeting adjourned at 10:31 p.m.
Mr. Slavin moved for acceptance of the Council Committee of the Whole Report, seconded by
Mr. Sudler and unanimously carried.
REAPPOINTMENTS RECOMMENDED BY COUNCIL PRESIDENT HARE - DOVER
HUMAN RELATIONS COMMISSION - THREE YEAR TERMS TO EXPIRE FEBRUARY
2023
Council President Hare recommended the following reappointments to the Dover Human Relations
Commission for three (3) year terms to expire February 2023:
At-Large - Sara Herbert
First District - Paul Fleming
Third District - Alan Gaddis
Third District - Wanda Mullen
Fourth District - Rita Mishoe Paige
By consent agenda, Mr. Neil moved for approval of the reappointments, as recommended by
Council President Hare. The motion was seconded by Mr. Rocha and carried by a unanimous
roll call vote.
ANNUAL COMMITTEE APPOINTMENTS/REAPPOINTMENTS (DEFERRED DURING
THE ANNUAL MEETING OF MAY 11, 2020) - RECOMMENDED BY MAYOR
CHRISTIANSEN
Mayor Christiansen recommended the following appointments/reappointments to the Dover Fourth
of July Celebration Committee, terms to expire May 10, 2021:
Dover Fourth of July Celebration Committee
Andrea Maucher - President/Vice-Chair (Reappointment)
Brett Scott - Vice-President
Jeffrey C. Dill - Treasurer (Reappointment)
Justin Strickland - Secretary
Carolyn D. Courtney - Staff Liaison (Reappointment)
By consent agenda, Mr. Neil moved for approval of the appointments/reappointments, as
recommended by Mayor Christiansen. The motion was seconded by Mr. Rocha and carried
by a unanimous roll call vote.
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 28
APPOINTMENTS/REAPPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN
Mayor Christiansen recommended the following appointments/reappointments:
Dover Housing Authority - Todd M. Stonesifer (to fill the unexpired term of Mark Harmon -
term to expire August 15, 2021)
Public Advisory Committee of the Dover/Kent County MPO - Two Year Terms to Expire July
2021 (current terms expired July 2019)
Jonathan Contant (Reappointment)
Karen E. McGloughlin (Reappointment)
By consent agenda, Mr. Neil moved for approval of the appointments/reappointments, as
recommended by Mayor Christiansen. The motion was seconded by Mr. Rocha and carried
by a unanimous roll call vote.
UPDATE ON IN-PERSON MEETINGS
Mrs. Donna Mitchell, City Manager, provided an update on beginning in-person meetings, as
follows:
• Central Services/Facilities Management surveyed the Council Chambers and determined that
the Council members’ desks can be spaced six feet apart for social distancing.
• The dais can seat three people at each level and be six feet apart.
• One Council member would be displaced due to their proximity to a Clerk’s Office staff
member.
• The seats in the audience can be taped off to ensure that occupants are six feet apart, which
will leave 11 seats that can be occupied. Of those 11 seats, some will be necessary for people
that were displaced at the dais or the one Council member.
• PPP would be made available.
• DoverTV does not provide a way of calling-in, as Webex does.
• To open the building to the public, you would have to turn people away if you had a greater
number of people than you had seats for.
• Conducting meetings through Webex in the Council Chamber would require members to
bring their laptops.
Mr. Taylor asked if they would be able to do any kind of live stream on Facebook or Twitter and if
that would assist them with the technological difficulties. Responding, Mrs. Mitchell advised that
she was still trying to get the technology issues resolved and to find out where those work arounds
might be. She noted that they cannot display the WebEx meeting on the monitors for the public to
be able to call in.
Mr. Neil stated that his concern was two-fold, one of which is checking the temperatures of attendees
to avoid exposure to COVID-19 and the other is transparency because the number of people who will
be able to attend the meetings will be limited. He noted that WebEx does not limit the number of
attendees or participants. Mr. Neil suggested continuing with virtual meetings until these problems
are worked out, noting that they were probably better off for transparency and for exposure, both
theirs as well as others, to continue with WebEx until they have more clarification over the situation
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 29
with COVID-19.
Mr. Sudler asked if it was feasible to outsource the broadcast to Comcast until they can sort things
out. Responding, Mrs. Mitchell stated that she would check into it. She also advised that they were
planning to have staff members there to take temperatures and log people in and out, which would
require additional staff. Mrs. Mitchell noted that both she and City Solicitor Rodriguez have
concerns about turning people away from public meetings. She reiterated that it is not an issue with
WebEx meeting. Mrs. Mitchell recommended proceeding cautiously until they get all those issues
resolved.
Mr. Cole stated that he was in favor of in-person meetings as long as there are clear protocols and
procedures in place.
Mr. Anderson stated that he would love to see them find a way to start meeting again in the Council
Chambers. He suggested having people who wish to come to the meeting call ahead. They can be
placed on a list and when the list is full, they can be told to attend via WebEx.
Mr. Taylor suggested collaborating with one of their community partners, such as Capital School
District, and maybe having the meetings at Dover High School. He noted that church meets there
every Sunday and he did not think it would be a problem for the City to meet there once or twice a
month. Mr. Taylor advised that there is plenty of spacing on the stage, as well as plenty of seating,
and their technology department is really up to speed. Mrs. Mitchell advised that she would look
into all of the options mentioned. Mr. Hare requested that Mrs. Mitchell provide any costs
associated with the options.
FIRST READING - PROPOSED ORDINANCE #2020-13
Council President Hare reminded the public that copies of the proposed ordinance were available
at the entrance of the Council Chambers, on the City's website at www.cityofdover.com under
"Government," or by contacting the City Clerk's Office at 736-7008 or cityclerk@dover.de.us. Since
the ordinance amends Appendix B - Zoning, a public hearing is required. Staff recommended
referral of the amendments to the Planning Commission on October 19, 2020 and that a public
hearing be set for the Council Meeting of November 9, 2020, at 7:30 p.m., at which time the Final
Reading and Council action will take place.
Mr. Neil moved to refer the amendments and set a public hearing before City Council for
November 9, 2020 at 7:30 p.m., as recommended by staff. The motion was seconded by
Mr. Anderson 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:
#2020-13 Amending Appendix B - Zoning, Article 3 - District Regulations, Section 20B -
Industrial Park Manufacturing Zone - Industrial Aviation and Aeronautics Center (IPM3);
Article 5 - Supplementary Regulations, Section 21 - Public Utility Infrastructure and a new
Section 23 - Wireless Communications Facilities; Article 12 - Definitions; Chapter 98 -
Streets, Sidewalks, Storm Sewers and Other Public Places; and Appendix F - Fees and Fines
Page 36
CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 30
(Legislative, Finance, and Administration Committee)
FIRST READING - PROPOSED ORDINANCE #2020-11
Council President Hare reminded the public that copies of the proposed ordinance were available
at the entrance of the Council Chambers, on the City's website at www.cityofdover.com under
"Government," or by contacting the City Clerk's Office at 736-7008 or cityclerk@dover.de.us. Final
action by Council on the proposed ordinance will take place during the Council Meeting of
October 12, 2020.
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:
#2020-11 Amending Chapter 46 - Fire Prevention and Protection, Article II - Fire Department,
Division 1 - Generally and Division 2 - Officers
(Legislative, Finance, and Administration Committee)
CITY MANAGER'S ANNOUNCEMENTS
Mrs. Donna Mitchell, City Manager, announced the following:
• The Dover Park project survey, the Schutte Park Skate Park survey, and the Dog Park survey
are due Friday, October 9, 2020.
• There will be an outdoor workshop at Dover Park October 1, 2020 from 5:00 p.m. to
6:30 p.m.
• A Schutte Park virtual workshop is scheduled for September 29, 2020 at 6:30 p.m.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mayor Christiansen relayed that the 911 system was down statewide and beyond the state. He noted
that it appears to be a problem with the communication towers and they were well on their way to
a solution. Mayor Christiansen advised that if anybody had an emergency, they could text 911 on
their cell phone or call 736-7111.
Members of Council wished Councilman Sudler a happy birthday.
Mr. Sudler reported that he had been contacted by a few of his Hamlet and Woodcrest constituents
who were concerned about the possible deletion of the budget plan for electric services. He noted
that he had a few seniors who are on fixed incomes and they want to know if there would be a budget
plan alternative for them, especially since a lot of them have been eligible and have been utilizing
the budget plan program. Responding, Mrs. Mitchell advised that the budget billing plan was not
being eliminated at this time; however, the new billing software system does not allow for it, so they
are looking into a way to get it into the new software. She noted that they would not be eliminating
anything until they have a solution.
Mr. Taylor, noting Hispanic Heritage Month, stated that it is a very rich culture and that he looked
forward to celebrating the culture’s faith, family, great food, and great music.
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CITY COUNCIL MEETING OF SEPTEMBER 28, 2020 PAGE 31
Mr. Taylor reminded everyone of the Council Committee of the Whole meeting the following
evening, noting that agenda items include a COVID-19 Safety Update by Bob Clark, president of
Wesley College; a presentation by Partners in Public Safety Solutions regarding Social
Professional/Law Enforcement Collaborative’s, and an update on body cameras.
Mr. Neil noted that Sundown marked the end of Yom Kippur, the day of atonement and High Holy
days for the City of Dover citizens of the Jewish faith. He wished them a happy New Year with
Shana Tova. May you be inscribed in the book of life.
Mr. Anderson congratulated the Kent County library system on opening their computers to the
public. He noted that he thought it was very important and that he hoped Dover did that soon
because the digital divide was real and it was hurting the citizens. Mr. Anderson stated that the
though they needed to start looking at the internet as a public utility and start moving in that direction
for this to be a true 21st century city when it comes to economic development, security, and a lot of
other issues. He requested Mr. Cole, Chairman of the Utility Committee to look more closely at that
in the near future.
Mr. Rocha offered his sincere condolences to the family of Devin Wright, the student at Delaware
State University that, because of the unfortunate shooting at Schutte Park, lost his life.
Mr. Neil moved for adjournment, seconded by Mr. Rocha and unanimously carried.
Meeting adjourned at 8:24 p.m.
TRACI A. McDOWELL
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular
Meeting of September 28, 2020 are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/TM
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2020\09-28-2020 REGULAR CITY COUNCIL MINUTES.wpd
Exhibits
Exhibit #1 - Model Master License Agreement
Exhibit #2 - Amended Purchasing Policy
Page 38
EXHIBIT #1
Regular Council Meeting of 09/28/2020
WIRELESS POLE ATTACHMENT LICENSE AGREEMENT
Between
THE CITY OF DOVER
and
[PROVIDER]
1
Page 39
TABLE OF CONTENTS
Article 1 Definitions ................................................................................................................................. 4
Article 2 Scope of Agreement ................................................................................................................... 5
Article 3 Term of Agreement .................................................................................................................... 6
Article 4 Specifications ............................................................................................................................. 6
Article 5 Attachment Fees ........................................................................................................................ 7
Article 6 Process for Permitting New Attachments .................................................................................. 7
Article 7 Eastments and Rights-of-Way for Licensee's Attachments ....................................................... 7
Article 8 Maintenance and Transfers ........................................................................................................ 8
Article 9 Unauthorized Attachments......................................................................................................... 9
Article 10 Attachments Not Removed at End of Term ............................................................................... 9
Article 11 Recovery of Space by Owner .................................................................................................. 10
Article 12 Abandonment of Poles ............................................................................................................. 10
Article 13 Rights of Other Parties ............................................................................................................. 10
Article 14 Assignment of Rights ............................................................................................................... 11
Article 15 Waiver of Terms or Conditions ............................................................................................... 11
Article 16 Insurance .................................................................................................................................. 12
Article 17 Service of Notices .................................................................................................................... 12
Article 18 Supplemental Agreements ....................................................................................................... 13
Article 19 Default ..................................................................................................................................... 13
Article 20 Indemnification ........................................................................................................................ 14
Article 21 Force Majeure .......................................................................................................................... 15
Article 22 Miscellaneous Provisions......................................................................................................... 15
2
Page 40
APPENDICES
Exhibit A: Schedule of Fees
Exhibit B: Supplemental Materials
Exhibit B-1: Application for Permit
Exhibit B-2: Permit for Attachment
Exhibit B-3: Notice of Discontinuance of Attachment to Poles
3
Page 41
WIRELESS POLE ATTACHMENT LICENSE AGREEMENT
THIS WIRELESS POLE ATTACHMENT LICENSE AGREEMENT (the “Agreement”) is effective this
___ day of _______, 2020 by and between the City of Dover, Delaware and NAME OF LICENSEE,
organized under the laws of the State of Delaware and authorized to engage in business in the State of
Delaware.
WHEREAS, Licensee desires to locate certain of its wireless communications facilities for the purpose of
providing wireless service on Poles owned and managed by the City;
WHEREAS, the City desires to protect and manage the use of the aforesaid Poles, ensure public safety
within public rights-of-way, and obtain financial compensation for Licensee’s use of the City’s Poles; and
WHEREAS, the City wishes to minimize the adverse visual effects and the number of such Facilities
through proper design, siting, screening, material, color and finish and by encouraging providers of wireless
communications services to collocate their Facilities on existing structures; and
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions herein contained the
parties hereto do hereby mutually covenant and agree as follows:
ARTICLE 1
DEFINITIONS
1. Accessory Equipment—any equipment, excluding the antenna, serving or being used in conjunction
with a wireless communications facility or wireless support structure. The term “Accessory
Equipment” includes but is not limited to utility or transmission equipment, power supplies,
generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar
structures.
2. Antenna – An apparatus designed for the purpose of emitting radiofrequency (RF) radiation, to be
operated or operating from a fixed location pursuant to Federal Communications Commission
authorization, for the provision of wireless service and any commingled information services.
3. Attachment – The attachment of Licensee’s facilities to poles owned or controlled by the City of
Dover.
4. City – The City of Dover, Delaware.
5. Cost or City’s Cost – Reasonable costs reasonably incurred as a direct result of Licensee’s
application to attach to and use of City Poles. The City intends that the costs of outside contractors
and consultants shall be at fair market value.
6. Effective Date – The date that is the later of the dates on which each of the parties have executed
this Agreement.
7. Emergency—a condition that (1) constitutes a clear and immediate danger to the health, welfare,
or safety of the public, or (2) has caused or is likely to cause City’s facilities in the rights-of-way
to be unusable and result in loss of the services provided.
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8. Facility or Facilities – An installation mounted onto or supported by a Pole owned by the City that
sends and/or receives licensed or unlicensed radio frequency signals, and consists of several
wireless components, including but not limited to accessory equipment, panels, omnidirectional or
directional Antenna(s); structures to support transmitters, receivers, antennas; wireless network
components; riser cable; conduits; equipment cabinets; accessory equipment; and other ancillary
equipment. The term “Facility” includes strand mounted installation suspended between two Poles.
9. Licensee – NAME OF LICENSEE.
10. Make Ready Construction Work -- Work necessary to enable an authority pole or utility pole to
support attachment of Licensee’s facilities, which may include modification or replacement of
Poles or modification of City equipment.
11. NESC – The most recent edition of the National Electric Safety Code.
12. Permit – The written authorization granted by the City allowing Licensee to make attachments to
City-owned poles and/or for the use of the rights-of-way in the City for the purpose of constructing,
operating and/or maintaining facilities therein.
13. Person – Firms, associations, partnerships (including limited partnerships), limited liability
companies, joint ventures, trusts, corporations and other legal entities, including public or
governmental bodies, agencies or instrumentalities, as well as natural persons.
14. Pole – means a street light pole or utility pole owned and operated by the City of Dover.
15. Pre-Existing Attachment – Any attachment existing prior to the effective date of this agreement.
16. Rights-of-Way – The surface and space in, on, above and below any real property in which the City
of Dover has an interest in law or in equity, including, but not limited to, any public street,
boulevard, avenue, road, highway, easement, freeway, lane, alley, court, sidewalk, parkway, river,
tunnel, viaduct, bridge, park, green space or any other place.
17. Unauthorized Attachment -- An Attachment placed after the Effective Date without a Permit having
been issued or that is otherwise materially noncompliant with the requirements of this Agreement.
ARTICLE 2
SCOPE OF AGREEMENT
2.1. Subject to the provisions of this Agreement, the City agrees to issue to Licensee, for the Attachment
of Licensee’s Facilities to the City’s Poles for the purpose of providing any and all lawful services, a
revocable, non-exclusive license hereinafter referred to as “License” authorizing the attachment of
Licensee's Facilities to the City's Poles. This Agreement governs the fees, charges, terms and conditions
under which the City issues such Permit(s) to Licensee. This Agreement is not in and of itself a license,
and before making any Attachment to any Pole, Licensee must apply for and obtain all necessary Right-of-
Way authorizations and Permit(s) for each Attachment it desires to make to any Pole.
2.2. This Agreement supersedes all previous wireless attachment agreements between the City and
Licensee for the attachment of Licensee’s facilities to the Poles of the City. This Agreement shall govern
all existing Licenses, Permits, and other forms of permission for Attachments of Licensee’s facilities to the
City’s Poles as well as all Permits issued subsequent to execution of this Agreement.
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2.3. No use, however extended, of the City's Poles or payment of any fees or charges required under
this Agreement shall create or vest in Licensee any ownership or property rights in such Poles except as
expressly provided by this Agreement.
2.4. Nothing contained in this Agreement shall be construed to require the City to construct, retain,
extend, place, or maintain any Pole or other facilities not needed for the City's own service requirements,
except City shall reasonably accommodate requests by Licensee to replace or modify a Pole when necessary
to support attachment of Licensee’s facilities.
2.5. Nothing contained in this Agreement shall be construed as a limitation, restriction, or prohibition
against the City entering into agreements with other parties regarding the Poles covered by this Agreement
as long as such agreements do not conflict with rights granted to Licensee under this Agreement or any
license issued hereunder.
2.6. Nothing contained in this Agreement shall be construed to require the City to permit Attachments
to the City’s Poles where there is insufficient capacity or where access is not possible for reasons of safety,
reliability and generally applicable engineering requirements. At the time of Licensee’s application for
attachment, the City may reserve space on its Poles for its core utility service pursuant to a plan that
reasonably and specifically projects a need for the space in the provision of the City’s core business needs.
The City shall allow Licensee to attach to such reserved space until the City has a need for that space, at
which time, Licensee shall vacate the reserved space within sixty (60) days’ of receiving written notice
from the City and the City shall provide Licensee an opportunity to maintain its Attachment, at Licensee’s
expense.
ARTICLE 3
TERM OF AGREEMENT
3.1. This Agreement shall continue in force and effect for a period of ten (10) years commencing on the
Effective Date. Unless terminated in accordance with the terms contained herein, the Agreement will
automatically renew for three five (5) year renewal periods. In addition to termination in accordance with
Article 20 of this Agreement, the Agreement is subject to termination by either Party upon sixty (60)
calendar days’ written notice prior to the end of any term.
ARTICLE 4
SPECIFICATIONS
4.1. Licensee’s Attachments on the City’s Poles covered by this Agreement shall be placed and
maintained at all times in accordance with applicable provisions of the City of Dover Code, the
requirements, specifications, rules and regulations of any governing authority having jurisdiction, the
National Electrical Safety Code, latest edition and subsequent revisions thereof, and this Agreement.
4.2. Each Attachment shall be identified at all times by an identifying marker stating the name of
Licensee and the contact information for Licensee in case of emergency. The marker shall, at a minimum,
(a) be reasonably durable under the typical weather conditions in the area and (b) have coloring unique to
Licensee. Within ten (10) days of the Effective Date, if the City elects to require tagging by Licensee, the
City shall provide Licensee information concerning the type and color of tag to be used by Licensee in
satisfying the requirements of this Section 4.2.
4.3. Licensee acknowledges that this Agreement is not an exclusive contract for Pole attachment rights.
Licensee’s use of the City’s Poles shall not interfere with the rights or operations of other existing users.
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Unless otherwise authorized by law, Licensee shall not move, remove, adjust or change the attachments of
others without the specific written consent of the owner of said attachments and of the City.
ARTICLE 5
ATTACHMENT
5.1. Licensee shall pay an annual fee in the amount detailed in Appendix F of the City of Dover Code
and Exhibit A to this Agreement for each Pole to which Licensee has one or more Attachments (the
“Attachment Fee”).
5.2. On or about the first day of December, the City shall invoice Licensee, in advance, the Attachment
Fees and other charges due the City. Licensee shall pay any invoice within sixty (60) days Licensee shall,
at its own expense, make Attachments in such manner as not to interfere with the service of the City or
others who are attached to the City’s Poles nor shall Licensee make any changes to the attachments of
others unless authorized by Engineering Plans. When Construction Work is complete, Licensee shall notify
the City.
ARTICLE 6
PROCESS FOR PERMITTING NEW ATTACHMENTS
6.1. To obtain a Permit, Licensee must submit Exhibit B-1 Application for Permit (the “Application”)
following the procedures in the Ordinance. Licensee shall at the same time pay the non-refundable
Application Fee stated in Exhibit A. Licensee’s Application shall be accompanied by Licensee’s
construction plans and drawings, which will, at a minimum, contain the information specified in applicable
provisions of the Code of the City of Dover. Application fees will not be refunded if Licensee chooses not
to proceed, however, such fees paid will be credited toward the Make Ready Engineering Fee in those
instances where engineering work continues and/or Licensee proceeds with attaching its facilities.
6.2. Licensee must make its Attachments to the City’s Poles within one hundred eighty (180) days of
receipt of a Permit. Such timeframe may be extended by the City provided Licensee makes a written request
for such extension and is diligently pursuing its work. If Licensee’s work for any Attachment is not
complete within the one hundred eighty (180) day period or its extension, then the City may terminate its
approval for Licensee’s Attachment and Licensee shall have no further right to place that Attachment except
by following the procedures specified above for new Attachments.
6.3. No later than forty-five (45) days after Licensee adds the last Attachment for the Permit
Application, Licensee shall send to the City a certification signed by an authorized representative of the
Licensee that is a licensed engineer in the State of Delaware that the Attachments are of sound engineering
design and fully comply with the Ordinance, this Agreement and the NESC and were constructed
substantially as provided in the drawings approved by the City.
ARTICLE 7
EASEMENTS AND RIGHTS-OF-WAY FOR LICENSEE’S ATTACHMENTS
7.1 The City does not warrant or assure to Licensee any City Right-of-Way privileges, uses or
easements. Licensee shall be responsible, where required by law, for obtaining its own governmental
permits, Right-of-Way access authorizations and lawful easements from the owner(s), any lien holders, and
other appropriate parties. Under no circumstances shall the City be liable to Licensee or any other party in
the event Licensee is unable to obtain the necessary Right-of-Way authorizations for placing and/or
maintaining its Attachments on the City’s Poles. Accordingly, the City’s acceptance of Licensee’s
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application and issuance of a Permit shall never be construed as granting any such City Right-of-Way
privileges, uses or easements.
ARTICLE 8
MAINTENANCE AND TRANSFERS
8.1 The City shall, at its own expense, maintain its Poles in a serviceable condition in accordance with
industry standards and practices and shall replace, reinforce, or repair Poles as necessary to keep all Poles
compliant with such standards, codes and practices, as they become actually known by the City to be
unserviceable.
8.2 If the City requests, Licensee shall become a member of the National Joint Use Notification System
(the “NJUNS”) and maintain the capability of receiving messages from NJUNS and shall utilize such
capability.
8.3 Licensee shall ensure that all employees, contractors or employees of contractors who work on the
City’s Poles are properly trained and working on the City’s Poles safely. Licensee shall specifically warn,
by reasonable means, each and every employee of the inherent dangers of making contact with the City’s
electrical conductors and/or electrical equipment before employees are permitted to perform work on or
near the City’s facilities. Licensee shall require, as a part of its process for qualifying contractors, that said
contractors notify their employees of the inherent dangers of making contact with electrical facilities.
8.4 The City disclaims any warranty or representation regarding the condition and safety of the City’s
Poles. Licensee expressly assumes responsibility for determining the condition of all Poles to be climbed
or otherwise worked on by its employees, agents, contractors, or employees of contractors whether for the
placement of Attachments, maintaining or rearranging Attachments, or for other reasons. Except for
performing transfer work from unserviceable Poles to replacement Poles, Licensee shall not permit its
employees or contractors to work on Poles that are unserviceable until the City has corrected the
unserviceable condition or has otherwise determined that the Pole is serviceable. Licensee will notify the
City if any of Licensee’s employees, agents, contractors, or employees of contractors become aware of
unserviceable Poles or other condition, whether hazardous or otherwise, that requires the attention of the
City for evaluation and possible correction.
8.5 Permit(s) shall remain valid for any Attachment transfers to new Poles when replacement or
relocation is necessary.
8.6 The City shall provide Licensee with sixty (60) days’ advance written notice, or as much notice as
practicable in cases of emergency, of the need to transfer Licensee’s attachments due to Pole replacement
or relocation. If Licensee fails to transfer its attachments within this period, the City may transfer Licensee's
Attachment(s) at the time of the Pole replacement or relocation and Licensee shall pay the City's Cost upon
invoice. In the event the City does such work, except for gross negligence or willful misconduct, the City
shall not be liable for any loss or damage to Licensee's facilities, which may result therefrom or for any
liability, loss or damage to Licensee or any other party claiming actual damages.
8.7 Where Licensee elects to transfer Licensee’s Attachment(s), Licensee shall advise the City when
the transfer is complete in the manner specified in the Ordinance. In the event of extraordinary
circumstances and upon written request by Licensee, the City may elect to grant an extension of the sixty
(60) day period to Licensee. The City will not unreasonably withhold consent of a request for extension of
time.
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8.8 If the transfer is not completed by the end of the sixty (60) day period or the extended time period
granted by the City, the Unauthorized Attachment Discovery Fee shall apply and the Unauthorized
Attachment Daily Fee shall also apply from the date on which the sixty (60) day period or the extended
time period expired and shall continue until the City receives notification that Licensee has transferred its
Attachment. These fees are established in Exhibit A to this Agreement. In addition, if Licensee does not
transfer its Attachments within the sixty (60) day period or the extended time period and the delay forces
the City to make a special return trip to the job site to remove the old Pole, then the Cost incurred by the
City to return to the job site and remove the old Pole will be paid by the Licensee.
8.9 During the repair and restoration of utility power as a result of a storm event or from other damages
to the City’s facilities, the City may re-attach downed cables and/or conductors of the Licensee in a
temporary fashion to the City’s Poles. The City will notify the Licensee through the NJUN’s ticket system,
email, or letter of such instances. Licensee is required to take immediate action to permanently restore such
cables and/or conductors within 30 days of the City’s temporary placement. The City may invoice Licensee
a per-Pole charge for each cable or conductor re-attached to each Pole by the City as shown in Exhibit A.
ARTICLE 9
UNAUTHORIZED ATTACHMENTS
9.1 An Unauthorized Attachment is an Attachment placed after the Effective Date without a Permit
having been issued or that is not part of the work performed pursuant to Article 5 or Article 6 or Article 7.
When discovered, the City will notify Licensee of any Unauthorized Attachment.
9.2 Licensee agrees to pay the City an Unauthorized Attachment Discovery Fee, per Unauthorized
Attachment, in the amount stated in Exhibit A. Licensee shall, within ten (10) days after being notified,
remove such Unauthorized Attachment or will submit Application for a Permit following the provisions of
Article 5.
9.3 If Licensee fails to remove the Unauthorized Attachment or to submit Application within the ten
(10) day period, then Licensee shall also pay to the City an Unauthorized Attachment Daily Fee as specified
in Exhibit A, which shall continue each day until a Permit is issued or the Unauthorized Attachment is
removed and the City has been notified in writing.
9.4 At any time after the ten (10) day period, the City may remove the Unauthorized Attachment
without liability and Licensee shall pay the City’s Cost of such removal and the Unauthorized Attachment
Daily Fee shall terminate as of the date of the removal.
ARTICLE 10
ATTACHMENTS NOT REMOVED AT END OF TERM
11.1 Licensee shall not make additional Attachments to the City’s Poles after the Agreement has expired
or has been terminated in accordance with the terms and conditions contained herein. Licensee shall remove
its existing Attachments from the Poles of the City within ninety (90) days of the expiration of this
Agreement, unless Licensee and the City agree in writing to extend such timeframe for removal.
Attachments made after the expiration or termination of this Agreement will be considered Unauthorized
Attachments.
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ARTICLE 11
RECOVERY OF SPACE BY OWNER
12.1 The City may, at any time, require the space occupied by Licensee’s Attachments on the City’s
Poles for core business purposes relating to its provision of electric service, including service to street lights.
In the event that the City requires space occupied by Licensee’s Attachments, the City shall provide
Licensee with ninety (90) days’ advance written notice that rearrangement of Licensee’s Attachments is
required. Licensee shall rearrange its Attachments to other available space on such Poles at Licensee’s
expense or remove such Attachments within this time period. In the event Licensee is unable to rearrange
its attachments and removal becomes necessary, the City shall work in good faith with Licensee to ensure
continuity of Licensee’s service and to identify and facilitate permitting of an alternate location. If the work
is not completed within the specified time period, the City may declare the Attachment as an Unauthorized
Attachment, invoking the provisions of Article 9 or rearrange or remove the Attachment at Licensee’s
expense. Costs of replacing existing Poles or placing new Poles to accommodate the City’s business needs
shall be borne by the City.
ARTICLE 12
ABANDONMENT OF POLES
13.1 The City may abandon a Pole upon sixty (60) days’ notice to Licensee. Licensee must remove or
transfer all Attachments from any abandoned Pole within the same sixty (60) days unless granted additional
time by the City. The City will not unreasonably withhold consent of such request for additional time. If
the City has no Attachment(s) on said Pole and Licensee has not removed or transferred its Attachments
therefrom, the City may elect to (1) revoke Licensee’s Permit for that Pole and declare the Attachment to
be an Unauthorized Attachment, (2) remove Licensee’s Attachment at Licensee’s expense, with no liability
falling on the City except in the case of gross negligence or willful misconduct, or (3) transfer ownership
of the Pole to Licensee, at which point Licensee shall assume responsibility for all liability relating to such
Pole. In the event the City abandon’s a pole and requires removal of Licensee’s attachment, the City shall
work in good faith with Licensee to ensure continuity of Licensee’s service and to identify and facilitate
permitting of an alternate location.
13.2 Licensee may, at any time, discontinue use of a Pole by removing therefrom any and all
Attachments it may have thereon. Billing of all recurring fees shall cease when the City has been notified
of such removal in writing in accordance with the form provided as Exhibit B-5 of the Ordinance.
13.3 Following such removal, all Permits issued for the removed Attachment shall be considered voided
and no Attachment shall again be made to such Pole until Licensee submits a Permit Application and
receives a new Permit as provided in Article 5 of this Agreement and the Ordinance.
ARTICLE 13
RIGHTS OF OTHER PARTIES
14.1 Nothing herein shall be construed to limit the right of the City, by contract or otherwise, to confer
upon others, not parties to this Agreement, rights or privileges to use the Poles covered by this Agreement.
Rights granted to third parties shall not infringe upon the rights of the Licensee in this Agreement or any
license issued hereunder.
14.2 If Licensee’s new Attachment requires rearranging any other user’s Attachment on the City’s
Pole(s), Licensee shall give notice thereof to such user prior to making its own Attachment and shall
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cooperate with the other user in the rearrangement of facilities. Licensee hereby acknowledges that it shall
bear the expense of rearrangement of Attachment(s) necessary to accommodate Licensee’s use, provided
such Costs are reasonable. Licensee does not have the right to rearrange the facilities of other users except
with written permission from such user or unless otherwise permitted by law. Any Attachment privileges
granted to Licensee hereunder shall be subject to any rights or privileges heretofore granted by the City to
any user previously attaching.
14.3 If other users require the rearrangement of Licensee’s Attachments in order to attach their facilities
under the authority of Make Ready Construction plans approved by the City for their work, Licensee agrees
to reasonably cooperate with such user in scheduling and performing the work and the other user shall bear
the expense of such rearrangement, provided that any cost charged to the other user shall be reasonable.
ARTICLE 14
ASSIGNMENT OF RIGHTS
15.1 Licensee shall not permit any other user to use its Attachment(s) and may not sublicense any of its
rights under this Agreement to any other user without providing notice of such sublicense to the City
pursuant to Article 18 of this Agreement and obtaining the prior written approval of the City.
15.2 Licensee shall not assign or otherwise dispose of this Agreement, or of any of its rights or interests
hereunder without the prior written approval of the City. Provided, however, Licensee may assign or
transfer this Agreement and the rights and obligations hereunder to any entity controlling, controlled by, or
under common control with Licensee without the consent of the City, but shall provide written Notice to
the City within sixty (60) days detailing the assignment including the relationship. No such permitted
assignment shall relieve Licensee, the permitted assignee, or any other party liable to the City from any
obligations, duties, responsibilities, or liabilities to the City under this Agreement and the use is in strict
compliance with Section 1.1. This Agreement shall be binding upon the successors and/or assigns of both
parties.
15.3 Nothing contained herein is intended to interfere with Licensee’s leasing fibers or capacity in its
facilities, if such use is in strict compliance with the provisions of Section 1.1. The renting or leasing of
fibers or capacity in its facilities specifically does not give Licensee’s customer the right to any kind of
access to the City’s Poles and Licensee’s customer is specifically prohibited from climbing or otherwise
working on the facilities that are attached to the City’s Poles unless Licensee’s customer is working as a
contractor for Licensee under the terms of a written agreement.
ARTICLE 15
WAIVER OF TERMS OR CONDITIONS
16.1 The failure of either party to enforce or insist upon compliance with any of the terms or conditions
of this Agreement including any applicable requirements of the Code of the City of Dover shall not
constitute a waiver or relinquishment of any such terms or conditions, but the same shall be and remain at
all times in full force and effect.
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ARTICLE 16
INSURANCE
17.1 Licensee shall obtain and maintain throughout the period during which this Agreement shall remain
in effect the following minimum insurance:
A. Workers’ compensation insurance covering all employees of Licensee. Contractors,
employees of contractors, subcontractors and employees of subcontractors who shall perform any
of the obligations of Licensee hereunder, shall be required by Licensee to take out and maintain
such insurance, whether or not such insurance is required by the laws of the state governing the
employment of any such employee. If any employee is not subject to the workers’ compensation
laws of such state, such insurance shall extend to such employee voluntary coverage to the same
extent as though such employee were subject to such laws.
B. Public liability and property damage liability insurance covering all operations under this
Agreement limits for bodily injury or death not less than $1,000,000 for one person and $500,000
for each accident for property damage, not less than $2,000,000 for each accident and $2,000,000
aggregate for accidents during the policy period.
C. Automobile liability insurance on all self-propelled vehicles used in connection with this
Agreement, whether owned, non-owned or hired; public liability limits of not less than $1,000,000
for one person and $2,000,000 for each accident; property damage limit of $1,000,000 for each
accident.
17.2 The policies of insurance shall be in such form and issued by such insurer as shall meet the
reasonable satisfaction of the City.
17.3 Licensee shall furnish to the City, at least annually or at the request of owner, a certificate
evidencing compliance with the foregoing requirements. This certificate will list the City as an additional
insured and will provide that in the event of cancellation of any of the said policies of insurance, the insuring
company shall give all parties named as insureds thirty (30) days prior notice of such cancellation.
17.4 To the extent allowed by applicable law, Licensee shall be permitted to self-insure and will provide
the City with proof of self-insurance.
ARTICLE 17
SERVICE OF NOTICES
18.1 It is expressly agreed and understood between the City and Licensee that any notice required to be
given to either the City or Licensee pursuant to this Agreement shall be in writing and sent by certified mail
and shall be deemed received upon actual delivery or refusal of delivery as evidenced by the records of the
US Postal Service or delivery service.
18.2 Notices shall be sent addressed as follows:
If to Licensee: _____________________________
_____________________________
_____________________________
_____________________________
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With copy to: _____________________________
_____________________________
_____________________________
_____________________________
If to the City: City of Dover
860 Buttner Place,
Dover, DE 19904
or to such other address as either party may designate by Notice to the other party from time to time in
accordance with the terms of this Article.
ARTICLE 18
SUPPLEMENTAL AGREEMENTS
19.1 Neither the City nor Licensee is under any obligation, express or implied, to amend, supplement or
otherwise change or modify any of the provisions of this Agreement. However, if the City agrees to amend,
supplement or otherwise change or modify any of the provisions of this Agreement, then any such
amendment, supplement, change or modification, to be enforceable, must be evidenced by written
documentation duly executed by both parties. Without any such duly executed, written documentation of
any amendment, supplement, change or modification, any oral discussions relating thereto shall not be
binding upon the City or Licensee.
19.2 Nothing in the foregoing shall preclude the parties to this Agreement from preparing such
supplemental operating routines or working practices as they mutually agree to be necessary or desirable to
effectively administer the provisions of this Agreement.
ARTICLE 19
DEFAULT
20.1 The following shall be an event of Default:
A. If Licensee defaults in the payment of any fees or other sums due and payable to the City
under this Agreement and such default continues for a period of thirty (30) days after
Notice of such default has been given by the City to Licensee or,
B. With regard to Licensee in a matter that does not involve safety, and with regard to the City
in any matter, if either party shall violate or default in the performance of any obligations
contained herein (other than the payment of fees and other sums) for a period of sixty (60)
days after Notice of such violation or default has been given by the non-defaulting party to
such defaulting party or, in the case of a default not curable within thirty (60) days, if such
defaulting party shall fail to commence to cure the same within thirty (30) days and proceed
diligently until corrected, or,
C. In a matter that does involve safety, (i) if Licensee shall violate or default in the
performance of any obligations contained herein and fails to commence to cure the same
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immediately upon Notice and thereafter proceed to pursue diligently until corrected or (ii)
if the correction takes longer than thirty (30) days.
20.2 In the event of Default, the City may at any time thereafter for so long as the default condition
exists upon Notice of Default do any one or all of the following: (1) Declare this Agreement to be terminated
in its entirety; (2) Terminate the Permits covering the Pole or Poles in respect to which such default or non-
compliance shall have occurred; (3) Refuse to issue any more Permits for City poles; or, (4) Stop all Make
Ready Construction Work and retain any monies that have been paid, or any combination thereof.
20.3 Whenever the City finds that Licensee is allegedly in Default of this Agreement, a written notice
shall be given to Licensee. The written notice shall describe in reasonable detail the alleged Default so as
to afford the Licensee an opportunity to remedy the violation. Licensee shall have sixty (60) days
subsequent to receipt of the notice in which to correct the Default before the City may exercise any of the
above-referenced remedies.
20.4 If Licensee defaults in the performance of any work, which it is obligated to do under this
Agreement, the City may elect to do such work after providing thirty (30) days prior written notice to
Licensee, and Licensee shall reimburse the City of the City’s reasonable Cost. If the City elects to do such
work, except for gross negligence or willful misconduct, the City shall not be liable for any loss or damage
to Licensee's facilities, which may result therefrom or for any liability, loss or damage to Licensee or any
other party claiming actual damages.
20.5 The remedies set forth in this Article are cumulative and in addition to any and all other remedies
the City may have at law or in equity.
ARTICLE 20
INDEMNIFICATION
21.1 Licensee shall indemnify, defend and hold harmless the City, its elected and appointed officials,
agents and employees against any and all claims for liability, injury, loss, cost, damage, fine or expense
arising in whole or in part from, incident to, caused by, or resulting from the installation, presence,
operation, use, maintenance or removal of Licensee’s Attachments on Poles (each a “Claim”). The
obligation to indemnify, defend and hold the City harmless shall include, but not be limited to, the obligation
to pay judgments, liabilities, damages, penalties, attorneys’ fees, expert fees, courts costs and all other costs
and expenses of litigation.
21.2 No provision of this Agreement is intended, or shall be construed, to be a waiver for any purpose
by the City of the provisions of the Delaware Tort Claims Act or any other law limiting municipal liability.
21.3 The City shall indemnify, defend and hold harmless Licensee, its directors and employees against
any and all claims for liability, injury, loss, cost, damage, fine or expense arising in whole or in part from,
incident to, caused by, or resulting from the gross negligence or willful misconduct of the City or the City’s
agents or contractors relating to said Poles. The obligation to indemnify, defend and hold the Licensee
harmless shall include, but not be limited to, the obligation to pay judgments, liabilities, damages, penalties,
attorneys’ fees, expert fees, courts costs and all other costs and expenses of litigation.
21.4 Neither party will be liable under this Agreement for consequential, special, punitive or indirect
damages, whether under theory of contract, tort (including negligence), strict liability, or otherwise.
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ARTICLE 21
FORCE MAJEURE
22.1 Neither Party shall be liable for any delay or failure in performance of any part of this Agreement
resulting from Force Majeure, defined herein as acts of God, acts of civil or military authority, epidemics,
war, acts of public enemies, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear
accidents, floods, power blackouts, or unusually severe weather. In the event of any such excused delay in
the performance of a party’s obligation(s) under this Agreement, the due date for the performance of the
original obligation(s) shall be extended by a term equal to the time lost by reason of the delay. In the event
of such delay, the delaying party shall perform its obligations at a performance level no less than that which
it uses for its own operations.
ARTICLE 22
MISCELLANEOUS PROVISIONS
24.1 Neither party, by mere lapse of time, shall be deemed to have waived any breach by the other party
of any terms or provisions of this Agreement. The waiver by either party of any such breach shall not be
construed as a waiver of subsequent breaches or as a continuing waiver of such breach.
24.2 Should any court of law or administrative or governmental entity with jurisdiction declare any
provisions of this Agreement to be illegal, void or unenforceable, such provisions shall be deemed to be
severed from the remaining provisions of this Agreement and the remaining provisions of the Agreement
shall remain in full force and effect.
24.3 Nothing contained in this document, or in any amendment or supplement thereto or inferable
herefrom, shall be deemed or constructed to (1) make Licensee the agent, servant, employee, joint venturer,
associate, or partner of the City, or (2) create or establish any partnership, joint venture, agency relationship
or other affiliation or association between the City and Licensee. The parties hereto are and shall remain
independent contractors. Neither party shall have the right to obligate or bind the other party in any manner
to any third party. It is understood that this document enables only a license in favor of Licensee strictly in
accordance with its written provisions.
24.4 Each party represents that it has the full power and authority to enter into this Agreement and to
convey the rights herein conveyed.
24.5 This Agreement is deemed executed in and shall be construed under the laws of the State of
Delaware.
SIGNATURE PAGE TO FOLLOW
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WITNESS our hands and official seals, this day of , 2020.
THE CITY OF DOVER
By:
___________________________
Print Name:
___________________________
Print Title:
___________________________
Date:
___________________________
[LICENSEE]
By:
___________________________
Print Name:
___________________________
Print Title:
___________________________
Date:
___________________________
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EXHIBIT A
SCHEDULE OF FEES
I I I I
Application Fee: $500.00 per application (up to five [5]
for new Attachments Attachments), and $100 per additional
attachment in the same application
Make Ready Engineering TBD To be provided for Each Permit
Fee: request based on level of effort.
I I I I
Electric Fee: $ Per Attachment.
Attachment Fee per Pole Per $50.00
Year:
Other Fees:
Unauthorized Attachment Discovery Fee $1,000.00
Unauthorized Attachment Daily Fee $250.00
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EXHIBIT B-1
PERMIT APPLICATION
APPLICATION FOR PERMIT *
Application Date: _____ / _____ /20 _____
To: City of Dover, Public Utilities, Electric Engineering Department, 860 Buttner Place, Dover,
DE 19904
Desire to: I Attach to Utility Pole(s) Remove Attachment from Utility Pole(s)
Permit No. _____ Superseded Permit No. _____
No. of Poles this permit _____ Sheet 1 of _____
Application Permit Fee _____
Desire to: I Lease conduit space Remove cable from conduit space
Permit No. _____ Superseded Permit No. _____
Footage desired under this permit $ _____ Sheet 1 of _____
Application Permit Fee $ _____
Licensee Name: _____
Address: _____
Contact Person: _____ , Title: _____ Phone No. _____
Utility Contact Person: _____ , Title:
Phone No. _____
_____
Narrative Description of proposed activity:
_____
_____
_____
_____
As a condition to obtaining a License Agreement, every Licensee shall warrant that it
understands the imminent dangers (INCLUDING SERIOUS BODILY INJURY OR DEATH
FROM ELECTROCUTION) inherent in the work necessary to make installations on and
around the City's Facilities by the Licensee's employees, servants, agents, contractors or
subcontractors, and that Licensee accepts as the duty and sole responsibility to inform its
employees, servants, agents, contractors or subcontractors of such dangers and to keep them
informed regarding same.
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In accordance with the terms and conditions of the Pole Agreement dated _____ / _____ /20
_____ , application is hereby made for a Permit to attach to and/or vacate Pole(s) in the
locations detailed on the attached Route Map(s).
Permission is hereby granted to Licensee to attach and/or vacate poles listed on the attached
Field Data Summary Sheets, subject to payment of the necessary Make-Ready Work charges as
set out by the City and agreed to by the Licensee.
SUBMITTED: APPROVED:
Attaching Entity City of Dover, Public Utilities, Electric Dept.
_____ _____
By _____ By _____
Title _____ Title _____
Date _____ Date _____
* The parties may substitute a different, mutually agreeable, permit form.
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EXHIBIT B-2
PERMIT FOR ATTACHMENT
TO:
DATE:
JOB NUMBER: ________________________
The primary Poles designated below are hereby Permitted for Attachment:
Pole Identification Number of Attachments
Licensed on this Pole as of the
Above Date
Note: Attachments permitted automatically as a result of an NESC audit
are indicated with an asterisk (*).
Name: ____________________________ Signed: _______________________________
City of Dover
Title: ___________________________
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EXHIBIT B-3
NOTICE OF DISCONTINUANCE OF ATTACHMENT TO POLES
TO: City of Dover
860 Buttner Place
Dover, DE 19904
LICENSEE: __________________________________ DATE: ________________
This is to notify you that Licensee’s Attachments have been removed from the following Poles and that
billing for those Attachments should cease as of the indicated date.
Pole Identification Date Attachment was Removed Date Billing Ceases
Name: ____________________________ Signed: _______________________________
Title: ___________________________
Tel: ___________________________
Email: ___________________________
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EXHIBIT #2
Regular Council Meeting of 09/28/2020
CITY OF DOVER
PURCHASING POLICY & PROCEDURES
ISSUED BY: FINANCE & CENTRAL SERVICES
AMENDED SEPTEMBER 28, 2020
Page 60
Purchasing Policy & Procedures
Table of Contents
Section Title Page #
Purchasing Flow Chart ............................................................................... 3
1 The Purpose ................................................................................................ 4
2 Ethics in Purchasing ................................................................................... 4
3 Purchasing Limits & Authority .................................................................. 4
3.1 General Guidelines...................................................................................... 4
3.2 Subdividing Purchases ............................................................................... 5
3.3 Fleet Vehicles & Associated Equipment ................................................... 5
3.4.1 Equipment Purchases $25,000 - $199,999 ................................................ 5
3.4.2 Equipment Purchases over $200,000 ......................................................... 5
3.5 Purchasing Threshold Table for Anything not Covered Under
Section 4 or Section 5 ............................................................................... 6
3.6 Cooperative Purchasing ............................................................................. 7
3.7 Standard Forms .......................................................................................... 7
3.8 Inspection and Full Payment ...................................................................... 7
3.9 Warranties .................................................................................................. 7
3.10 Authorized Personnel ................................................................................. 7
3.11 Change Orders ........................................................................................... 7
4 Professional Services Guidelines ............................................................... 8
4.1 Request for Proposals ................................................................................ 8
4.2 Total Cost Less than $50,000 .................................................................... 8
4.3 Total Cost $50,000 and Over ..................................................................... 9
4.4 Subdividing the Purchases of Services ...................................................... 9
4.5 Documentation ........................................................................................... 9
4.6 Change Orders ........................................................................................... 9
5 Public Works & Utility Type Contracts & Certain Professional Services. 9
6 Exceptions .................................................................................................. 11
6.1 Sole Source Procurement ........................................................................... 11
6.2 Warehouse Stock ....................................................................................... 11
6.3 Negotiations ............................................................................................... 11
6.4 Used Materials and Equipment .................................................................. 11
6.5 Continuity of Service ................................................................................. 11
6.6 Emergency ................................................................................................. 11
6.7 Minority Owned Vendor Preference ......................................................... 12
6.8 Local Vendor Preference ........................................................................... 12
7 Receiving ................................................................................................... 12
8 Credit Card Purchases ................................................................................ 13
9 Invoices and Payments ............................................................................... 13
10 Green Procurement .................................................................................... 14
11 Debarment of Vendors for Consideration of Awards ................................ 15
12 Committees/Commissions ......................................................................... 16
Appendix A Standards of Ethical Conduct and Ethics Commission .............................. 17
Appendix B Invitation to Bid and Request for Proposal Procedures ............................. 28
Appendix C Sample Bid Bond ....................................................................................... 31
Appendix D Sample Performance Bond ........................................................................ 32
Appendix E Glossary ..................................................................................................... 34
Appendix F Quotation Worksheet (for Purchases between $5,000 and $24,999) ......... 40
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Purchasing Flow Chart
Less Than Department Process Invoice
Yes
$5,000 Stamp, Code, Signature and
Key into Tyler/Munis (Quotes
Optional)
No
$5,000 to (See Legend 3 Written Department
Yes Quotes Process P.O.
$24,999 Below)
P.O. Required and Key into
Tyler/Munis
CM, Treasurer, &
Procurement Attach all quotes to
No
Manager (Above requisition in
$10,000) Approve Tyler/Munis
P.O.
Sealed
$25,000 & Bid or Pre-Solicitation Meeting
Over Final Bid or
Yes RFP – 3 with Procurement
RFP
P.O. Required Vendors Manager
Discuss Procedures &
Specifications
CAF Review – Bid Bid Opening Public
City Manager& Award Advertising
Controller/Treasure
r
Committee/Council
Approval Department Process CM, Treasurer, &
(See Legend Below) P. O. Procurement
Lowest & Best Bid Manager Approve
P.O.
.
LEGEND:
Requires Council Approval if:
Sole Source Procurement
Not low bid
Bids that exceed amount budgeted
Projects $100,000 and greater
Vehicles/Equipment $200,000 and greater
Professional Services $50,000 and greater (non-Public Works & Utilities)
Professional Services $50,000 and greater (Public Works & Utilities)
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CITY OF DOVER
PURCHASING POLICY
SECTION 1 - THE PURPOSE
The purpose of the adoption of a purchasing policy is to establish the authority, limits and procedures
relating to the purchasing of materials, supplies, equipment, construction, Public Works type contracts,
and professional services.
SECTION 2 - ETHICS IN PURCHASING
Public employees and elected officials must discharge their duties impartially to assure competitive
access to governmental procurement by responsible contractors. Moreover, they should conduct
themselves in such a manner as to foster public confidence in the integrity of City procurement. Dover
Code Article II Section 30 (Appendix A), establishes standards of ethical conduct among public
officials and employees. Vendors participating in the City procurement will be disqualified from the
procurement if the employee, official or vendor is found to be in violation of the City’s ethical
standards and a referral of the matter will be presented to the Ethics Commission. Failure to
familiarize oneself with the provisions of this policy and appendices will not be accepted.
SECTION 3 - PURCHASING LIMITS & AUTHORITY
3.1 GENERAL GUIDELINES:
This section outlines the purchasing limits and guidelines for materials and supplies based on
the purchase amount. No department or employee shall obligate City funds until the
procedures of this section have been complied with. No employee or official shall have
purchases shipped directly to their home.
For this policy, the purchase amount is considered the purchase order total. Warehouse stock
must be reduced to the item’s reorder level prior to using open market purchases as authorized
by this policy.
While purchasing goods and services for the City, the procedures and guidelines which are
described in this purchasing policy are to be strictly followed. All purchasing related records
must be kept for the period prescribed in the State Bureau of Archives Retention Schedule.
These records may include, but are not limited to, request for proposals, vendor proposals,
analysis of proposals, change orders and a copy of the purchase order(s).
The Information Technology Department is to provide a technical review of all specifications
for computer software and hardware purchases regardless of cost. The applicable Information
Technology personnel should be consulted on all bid evaluations for computer hardware,
software, or other related equipment.
No agreement or contract shall be entered into, nor expense incurred by any division, which
will result in an obligation more than the appropriation made to the division. It is the
division’s responsibility to see that funds are in the proper accounts before obligating or
expending funds. If the funds are not in the proper account, the transaction will not be
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processed. The department must request a transfer of funds through Tyler/Munis. Override
of funds availability must be approved by the Controller/Treasurer and the City Manager.
3.2 SUBDIVIDING PURCHASES:
Multiple purchase orders issued by a department for the same items during the same time
frame in an attempt to negate the purchasing policy restrictions will be considered a clear
violation of the purchasing policy; also considered subdividing purchases.
3.3 FLEET VEHICLES & ASSOCIATED EQUIPMENT:
Purchase of fleet vehicles and associated equipment shall not require Council approval when
the purchases have been approved in the budget for the then current fiscal year. However, no
vehicle designated as a replacement for any vehicle then currently owned by the City of Dover
shall be purchased or ordered for purchase unless and until the then currently city-owned
vehicle has been mechanically evaluated and determined by Fleet Maintenance to be no longer
reliable for use in its then current capacity. All items within the amount budgeted must have
a vehicle/equipment replacement request completed and forwarded to the City Manager for
approval. Council approval is always required when the purchase is from sole source
procurement, when the vendor is not the low bidder, or when the purchase price is higher than
the budgeted amount for that vehicle and the overage cannot be made up through savings on
other vehicles and equipment. To qualify as low bidder, the bid must meet the bid
specifications. The City Purchasing Agent is authorized to purchase vehicles and equipment
through the State of Delaware and other cooperative contracts when in the best interest of the
City.
3.4.1 EQUIPMENT PURCHASES $25,000 - $199,999:
Budgeted equipment specifically identified in the Capital Improvement Plan does not need
Council approval unless the purchase is sole vendor, sole source procurement, or not low bid.
The purchase does not require construction or ancillary services. Equipment purchases
$200,000 or greater requires Council approval.
3.4.2 EQUIPMENT PURCHASES $200,000 AND OVER:
Cooperative Purchasing will not be permitted for any vehicles or equipment valued $200,000
and over. Sealed bids will be required.
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3.5 PURCHASING THRESHOLD TABLE:
PURCHASING THRESHOLDS
Less than $5,000 $5,000 to $24,999 $25,000 & Over
Open market; Department Head Department Head solicit no less than Formal Invitation to Bid (ITB) or Request for
discretion to obtain quotes three (3) written quotations; if fewer Proposal (RFP); no less than three (3) potential
than three (3) quotations, justification vendors email addresses supplied to
must be included within the Procurement/Inventory by requesting
requisition in Tyler/Munis Department
Purchases will be made by Quotations and support Pre-Solicitation Meeting recommended of the
designated personnel documentation are to be attached to respective Department & Procurement
requisition in Tyler/Munis; use the Manager to discuss appropriate procedures and
quotation worksheet in Appendix F specifications
Approved invoices are to be Requires requisition and purchase Public sealed bid or sealed proposal procedures
entered in Tyler/Munis for order through Tyler/Munis as outlined in Appendix B
payment
Purchases under existing City All purchases will be made by Public Advertising at least once a week for two
contracts shall be made in soliciting Department utilizing a (2) consecutive weeks in publication with
accordance with the terms of such Purchase Order circulation in each county of the State;
contract additional advertising discretionary
Supplies available from Award shall be made to the lowest Public Bid/Proposal Opening; time and date of
warehouse stock should not be and the best quotation; vendor public bid opening shall be stated in the notice
procured from third party vendors references may be checked for bids; delivered to Procurement/Inventory,
710 William Street, Dover, DE 19904
Item numbers, quantities, unit Item numbers, quantities, unit cost, Faxed bid is not acceptable for this category;
cost, and extension must be and extension must be completed on sealed bids may be emailed to
completed on every purchase every purchase order for materials or bids@dover.de.us or as agreed to with the
order for materials or paying for paying for contracted labor at hourly Department Head
contracted labor at hourly rates rates
Approval assigned at Department Fax and email quotations are Lowest and/or most responsive bid will be
Head Level acceptable accepted; vendor references may be checked to
verify ability to meet contract requirements
Departmental approval assigned by Bid Bond or certified check in the amount
Department Head; Electronic equivalent to ten percent (10%) of the bid
Approval – Asst. City Manager, City amount for items/contracts over $25,000; can
Manager & Controller/Treasurer be waived by Purchasing Agent and
Department Head
Purchase Order to include: Performance Bond required for construction
Unit Cost $; account number; project work
number if applicable; brief description
of item or service when not identifiable;
quotes from each vendor in comments
NOTE – Changes to Purchase Orders Purchases exceeding $25,000 shall require
are to be completed through the Council approval for sole source procurement,
financial systems. Purchase Orders greater than budget and not low bidder.
received with manual changes to Committee/Council Action Forms to include:
amounts/unit cost will not be budget $, P. O. $ or unit cost $, account number,
processed by the Finance Department project number, page number in budget, bid/RFP
number if applicable, if unit cost was bid include
cost comparison, if blanket bid or proposal is for
recurring services provide average annual cost
for past three years for the service and
description and recommended action
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3.6 COOPERATIVE PURCHASING:
The City of Dover is permitted to use cooperative contracts to purchase material once it has
been determined that the procedures outlined within this policy will not be violated. To use
cooperative purchasing the quantities and timing of the materials must be coordinated with
the partnering entity to insure cost savings through economies of scale. Any deviation from
this policy for cooperative purchasing must be approved by the City Manager and Treasurer
prior to entering into any purchase agreement.
3.7 STANDARD FORMS:
All purchasing related forms and bid documents are developed and standardized for the City
of Dover by Procurement/Inventory. No substitutions of the City of Dover Purchase Order
form or other standardized forms will be permitted. Where applicable, unit(s) of measure and
unit cost must be included in the purchase order. Purchase orders with the quantity of one (1)
will not be accepted unless the quantity is truly one (1).
3.8 INSPECTION AND FULL PAYMENT:
Upon receiving materials and equipment and upon completion of construction, the City of
Dover shall cause a detailed inspection. Full payments for the purchases will be made only
upon the Department Head's complete satisfaction as to the fulfillment of all the conditions of
the contract. The department will authorize final payment for materials and equipment upon
completion of construction.
3.9 WARRANTIES:
The department requesting the material or service shall monitor and maintain all warranties.
3.10 AUTHORIZED PERSONNEL:
Only authorized personnel can purchase goods for the City of Dover. The authorized
signature must appear on the invoice(s). The original Authorized Signature Form must be
kept in the Finance Office – Accounts Payable. This form must be updated if a new employee
will be signing invoices and purchase orders. The form can be found in Public Docs.
3.11 CHANGE ORDERS:
If, after a purchase order is awarded, it becomes necessary to add items/work because of
unforeseen findings or a scheduled change, a change order can be issued without Council
approval as follows:
A) For purchases of $5,000 - $24,999 the Procurement Manager is authorized to sign
purchase order changes up to and including 15% of the original purchase amount when the
total dollar value of the purchase does not exceed $25,000 and the amount of the item is still
within the amount budgeted for that item.
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B) For purchases of $25,000 or greater, the City Manager and Controller/Treasurer are
authorized to approve change orders as follows:
15% of the original purchase amount when the purchase is made on a unit cost basis,
the purchase is within the approved (project) budget and/or the approved Council
Action Form.
SECTION 4 - PROFESSIONAL SERVICES GUIDELINES
Professional Services are normally solicited by use of a Request for Proposal. This section provides
the guidelines and procedures for the procurement of professional services that are not covered by
Section 5 – Public Works & Utility Type Contracts and Certain Professional Services.
Examples of the professional services covered under this section are: consulting for rate studies, audit
services, financial services, and computer related consulting. These are only examples, and the scope
of the provisions of this section is not limited to these examples.
4.1 REQUEST FOR PROPOSALS:
Evaluation of proposals must adhere to the following guidelines:
1. Determine what proposals are acceptable and unacceptable
2. A determination that a proposal is unacceptable shall be in writing, state the basis for the
determination and be retained in the procurement file
3. The offeror shall not be afforded an opportunity to modify its offer
Negotiation with individual offerors:
1. The department can negotiate with individual offerors after their proposals are opened
2. The department shall develop formalized procedures to be consistently applied to each
offer
3. Disclosure of one offerors price to another is prohibited
4. The department must send a written request for best and final offers setting forth the date,
time, and place for submission of best and final offers
5. The department must inform the offerors that if they do not submit a notice of withdrawal
or a best and final offer, their immediate previous offer will be construed as their best and
final
Final Award:
1. The contract shall be awarded within 90 days of the closing date
2. The department shall award a contract to the offeror whose proposal is determined in
writing to be most advantageous to the City
3. The determination shall explain the basis of the award
4. Procurement/Inventory shall notify each unsuccessful offeror in writing of the award
4.2 TOTAL COST LESS THAN $50,000:
Professional services covered under this section may be obtained using open market prices.
It is the Department Head’s discretion to require written proposals from the service providers.
The decision to award the contract for professional service shall be based on performance
track records, fees, time schedule and known quality of work. Fax and email proposals are
acceptable for this category.
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4.3 TOTAL COST $50,000 AND GREATER:
For procuring professional services covered under this section, the department shall use the
"Request for Proposal" method and in conjunction with the Procurement/Inventory Manager
or authorized purchaser send requests for proposals to available service providers. The
request for proposal will clearly include the following:
1. scope of work
2. schedule for work
3. request to provide fees, expenses, and payment schedules
4. last date for submitting the proposal
5. evaluation method
6. address, contact person, and phone number
The services procured under this provision must have the approval of the department head. A
purchase order must be issued to include, but not limited to the above, the total amount,
providing details and a reference of the professional services agreement number, if any, and
the location. Email proposals are acceptable for this category. For professional services with
fees and expenses totaling more than $50,000, the City Council’s approval is required.
4.4 SUBDIVIDING THE PURCHASES OF SERVICES:
The City of Dover departments shall NOT subdivide the purchase or the contract for
professional services to avoid the requirements of this purchasing policy.
4.5 DOCUMENTATION:
If a firm/consultant under contract to the City of Dover issues a bid/proposal as part of their
contract, the original documents must be provided to the City. The final determination for all
awards shall rest with the City.
4.6 CHANGE ORDERS:
The same procedures as outlined in paragraph 3.10 will apply to professional services
regarding change orders.
SECTION 5 - PUBLIC WORKS & UTILITY TYPE CONTRACTS AND
CERTAIN PROFESSIONAL SERVICES
"Public Works Contract" means any contract for the construction, reconstruction, alteration or repair
of any public building, road, street, highway, water utility, wastewater utility, electric utility or other
public improvement, the cost of which will be paid with public funds. Any project materials and
supplies purchased by the City, and not a Contractor or Service Provider, are to be procured under
Section 3 of this policy.
"Certain Professional Services" means those services within the scope of the practice of architecture,
professional engineering, professional land surveying, landscape architecture and geology.
All Public Works and Utility contracts entered for less than $100,000 that are specifically identified
in the Capital Improvement Plan do not need Council approval unless the purchase is sole vendor,
sole source procurement, or not low bid. Procurement $100,000 or greater requires Council approval.
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Public Works & Utilities
Less than $50,000 - $99,999 $100,000 & Over
$50,000
Open market Solicit three (3) written quotations – Formal Bidding – Purchaser
MANDATORY
$0 - $24,999 quotations optional Bids/Contract Admin. discretionary Public Advertising
$25,000-$49,999; Solicit three (3) Specifications and/or plans Specifications and/or plans
phone quotes (attach to requisition in discretionary
Tyler/Munis)
Specifications and/or plans Bid bond discretionary Bid Bond discretionary
discretionary
Public Opening discretionary Public Opening
Formal Contract discretionary Formal Contract
Performance Bond discretionary Performance Bond
Purchase Order to include: Unit Cost $; Account number; project number if applicable; Brief description of item or service
when not identifiable; Quotes from each vendor attached to requisition in Tyler/Munis
Committee/Council Action Forms to include: Budget $, or Unit Cost $; Account number; project number; page number in
budget; Bid/RFP number if applicable. If unit cost bid includes cost comparison. If blanket bid or proposal is for recurring
services, provide average annual cost for past three years for the service. Description and recommended action.
Footnote – When a project is partially or wholly funded by the State of Delaware: prevailing wage rates apply to
projects over $45,000 for repairs, alterations, rehabs, demolition, or reconstruction or $500,000 for new construction.
Public Works & Utilities – Certain Professional Services
Less than $50,000 $50,000 & Over
Open Market Formal RFP Process
Use same procedure as Section 4.2 Public Advertising; use same
procedure as Section 4.3
Professional Services for Public Works & Utilities includes services within the scope of practice of architectural,
professional engineering, professional land surveying, landscape architectural services and geology.
PRE-QUALIFICATION OF BIDDERS
Prequalification of Bidders is permitted to screen potential vendors in which such factors as financial
capability, reputation and management are considered to develop a list of qualified vendors. The
vendors should provide background information on their company, implementation methods, and
references. Once the list of qualified vendors is established a Request for Proposal will be developed
to include clear specifications, expectations and clearly outlined evaluation criteria. A price range
may be requested but is not necessary. Detailed information will be provided during the RFP process.
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SECTION 6 – EXCEPTIONS
6.1 SOLE SOURCE PROCUREMENT:
Sole source procurement is not permissible unless a requirement is available from only a
single supplier/manufacturer. A requirement for a propriety item does not justify sole source
procurement if there is more than one potential bidder or offeror for that item. The following
are examples of circumstances which could necessitate sole source procurement:
• Where the compatibility of equipment, accessories, or replacement parts is the
paramount consideration; items of comparable quality and equal function are not to
be considered under sole source procurement
• Where the sole supplier’s item is needed for trial use or testing
If the purchase is over $25,000 it must be presented to Council for approval. Sole
suppliers/manufacturers must be justified in writing by the Department Director and be
approved by the City Manager.
6.2 WAREHOUSE STOCK:
Items placed on annual or multi-year contracts for warehouse stock shall not be subject to
Council approval as these items are purchased as individual units and not in blocks. Increases
in unit prices greater than 15% shall be communicated to the respective Department.
6.3 NEGOTIATIONS:
Negotiations are authorized during the Request for Proposal evaluation process, when sole
source has been pre-approved or when a material specification or scope of work change occurs
after the award of a competitively bid contract.
6.4 USED MATERIALS AND EQUIPMENT:
For the purchase of used or surplus materials or equipment, the provisions of this policy may
not apply. Purchases of $25,000 or greater must be presented to Council for their approval.
6.5 CONTINUITY OF SERVICE:
When there is an abrupt discontinuation of service due to breakdown, accident, or other
similar event and it is necessary to obtain materials or equipment to continue service to the
citizens, the provisions of this policy may be waived by the City Manager. For no other reason
should a purchase order be issued for this exception.
6.6 EMERGENCY:
An emergency condition is a situation which creates a threat to public health, welfare, or safety
such as may arise. The existence of such condition creates an immediate and serious need for
supplies, services, or construction that cannot be met through normal procurement methods
and the lack of which would seriously threaten one or more of the following:
1. The functioning of the City government
2. The preservation or protection of property
3. The health or safety of any person
Emergency procurement shall be limited to those supplies, services, or construction items
necessary to meet the emergency. The Mayor or City Manager will be responsible for
deciding as to the existence of the emergency.
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6.7 MINORITY OWNED VENDOR PREFERENCE:
Minority owned vendor preference shall be three percent (3%) of the value of the award. The
vendor must identify qualification and claim to the preference on the submitted bid
documents. The vendor must provide authoritative proof of minority ownership such as
identification in the certification directory maintained by the State of Delaware, Office of
Management and Budget, Office of Supplier Diversity, to qualify for this preference. This
preference is to be considered as a stand-alone and cannot be added to any other preference
that may be allowed. This preference shall not apply to sub-contractors.
6.8 LOCAL VENDOR PREFERENCE:
Local vendor preference shall be considered for materials, equipment, construction contracts,
and utility contracts. Local vendor preference shall be three percent (3%) of the value of the
award. A local vendor is a vendor with a “remit to” address or physical store location in the
local area as identified below. The term local vendor is defined as a gradually increasing
range with preference assigned as follows:
Rule 1: Vendor located within the city limits of the City of Dover
Rule 2: Vendor located within Kent County (if no vendor qualifies under Rule 1)
Rule 3: Vendor located within the State of Delaware (if no vendor qualifies under Rules
1 & 2)
If no vendor qualifies under rules 1, 2, or 3 no local vendor preference shall be awarded. The
vendor must identify qualification and claim to the preference on the submitted bid
documents. This preference shall not apply to sub-contractors.
SECTION 7 - RECEIVING
7.1 No employee shall pick up or receive goods without his or her supervisor's authorization. In
the case of a special project, stock material deliveries may be made to the job site but should
be coordinated through Procurement/Inventory. Procurement/Inventory will take charge of
the delivery ticket for file and paying of the invoice for stock material only.
Packing slips (proof of receipt) when appropriate are to be attached to the invoice or payment
will not be disbursed until these conditions are met. If only an invoice is provided by the
vendor, then the employee receiving the item shall sign the invoice as proof of receipt. Proof
of receipt must have who received the item and the date the item was received.
7.2 While taking delivery of items the individual accepting the item will sign any one of these
documents: Receiving/payment copy of the purchase order, vendor's invoice, delivery slip or
packing ticket. The person receiving the goods and signing the receipt document must verify
the quantity and item description/part number with the purchase order or any other document
and must check the condition of the items/packages to make reasonably sure that there are no
problems with the delivery. If problems are observed, the notes must be made on the receiving
documents or the delivery must be returned. Partial delivery is acceptable. The original
receipt of all documents must be forwarded to Procurement/Inventory for stock material only.
7.3 No City employee will sign for any item or service, which is not received.
7.4 Payment for the goods will be made only to the extent the goods are received by the City.
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SECTION 8 - CREDIT CARD PURCHASES
8.1 The City does not encourage credit card purchases.
8.2 The City has a very limited number of credit cards for stores where the purchases are more
easily made with a credit card or where vendors do not bill the City and credit cards are
necessary.
8.3 The employee using a store credit card must make sure of the purchase price, quantity, quality
and the necessity of the item. The person must sign as required and turn in the purchaser's
copy of the credit card receipt to their department for processing and send to Accounts Payable
upon receipt of credit card statement.
8.4 The credit card must be used only by authorized personnel and cannot be used for personal
business.
8.5 All credit cards shall be handled through the Finance Department as outlined in Procedure
F346.
8.6 The City does not encourage use of personal credit cards for business purchases. Where use
of a personal credit card is necessary to complete City of Dover business in a timely and/or
efficient manner, the employee is not authorized to approve their own reimbursement request.
The reimbursement request must be approved by other authorized personnel.
SECTION 9 - INVOICES AND PAYMENTS
9.1 For payment purposes, the original invoices must carry the following: approval stamp,
authorized signature, G/L# and date. All employee travel expenditures are to be processed
with a purchase order including other reimbursements. Purchases over $5,000 must also
include a purchase order. Each department will be entering their own invoices and
requisitions into Tyler/Munis. Batches will be released and/or approved by departments
before Accounts Payable will review and process payments to vendors. Delay in submission
of invoices will result in delay of payment to vendors. All supporting documentation must be
attached to invoice(s) in Tyler/Munis. Departments are responsible for ensuring invoice
processing is completed, approved, and submitted for payment prior to forwarding vendors to
Finance for payment inquiries.
9.2 Vendors must be registered in Tyler/Munis for invoices $600.00 or more per calendar year.
A completed new vendor form and IRS Form W-9, both available in public
documents/forms/accounts payable, must be forwarded to Finance to have the vendor
established in Tyler/Munis. All purchases less than $600.00 per calendar year will be
considered a one-time vendor and not require a W-9.
9.3 It is the City's policy to pay the invoices on time and, therefore, the payment documents must
be process in Tyler/Munis as soon as possible.
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SECTION 10 – GREEN PROCUREMENT
10.1 The City of Dover is committed to using and purchasing energy efficient/environmentally
preferable products in the most cost effective and environmentally responsible manner
possible. Purchasing energy efficient products reduces energy costs without compromising
quality. Purchases should be based on:
1. Consideration on the impact to the environment, economy, and human health and
well-being.
2. Consideration of specification compliance, delivery time and price.
3. Preference given to environmentally preferable materials when they perform
satisfactorily and can be obtained at a reasonable price.
10.2 The US Government in Executive Order 12873 defined environmentally preferable products
as “products or services that have a lesser or reduced effect on human health and the
environment when compared with competing products or services that serve the same
purpose.” This should include items that are energy efficient, conserve water, reduce toxins,
conserve natural resources, have recycled content, or minimize waste.
10.3 The Procurement Manager shall establish a price preference of up to ten percent (10%) for
recycled and other environmentally preferable products. This price preference must be
established in advance of any bid and must be included in the bid specifications, cover letter
or evaluation criteria. This percentage may be modified from time to time at the discretion of
the Procurement Manager with the objective of maximizing the City’s purchase of
environmentally preferable products.
10.4 LIFE CYCLE COST ANALYSIS:
The requesting department shall perform lifecycle costing analysis on equipment that has the
potential to reduce operating, maintenance or energy costs over the useful life of the
equipment. Based on said analysis, the contracting agency shall incorporate specifications in
the contract for equipment that has the lowest total cost of ownership and operation over the
useful life of the equipment. The use of lifecycle costing analysis may be waived by the
department head, in writing, if the equipment is not appropriate for lifecycle costing analysis.
10.5 ENERGY EFFICIENT PRODUCTS:
A) The City shall purchase Energy Star products, as designated by the federal
Environmental Protection Agency, when such products are available. The department may
include non-Energy Star rated equipment as an alternate in the bid documents to enable
lifecycle costing analysis to be performed as part of the analysis of responsive bids. The
department shall be required to award a contract that includes the procurement of Energy Star
rated equipment unless they can demonstrate, in writing, to the satisfaction of the City
Manager, that the interests of the city would be better served by procuring non-Energy Star
rated equipment.
B) Prior to initiating a request for procurement of any product, the department shall
review the specifications for such product to determine whether an Energy Star product is
available. If an Energy Star product is available, the department is required to include in its
bid specifications the requirement that the product be an Energy Star product unless it can be
demonstrated, in writing, to the satisfaction of the department head, that a product with an
Energy Star rating meets at least 1 of the following criteria:
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1. The product is not available competitively
2. The product is not available within a reasonable time frame
3. The product does not meet appropriate performance standards
SECTION 11 – DEBARMENT OF VENDORS FOR CONSIDERATION OF AWARDS
11.1 Any vendor who fails to perform as outlined in the established contract may be subject to
suspension or debarment. Once a problem with a vendor/contractor is discovered, the
Department responsible for the contract will document the problem and all attempts at
resolution. The vendor/contractor will be held in breach of contract. The responsible
Department must submit a recommendation of debarment to the City Manager and the
Procurement Manager. If enough cause is determined, the City Manager (with advice from
the City Solicitor, if necessary) and/or the Procurement Manager will provide reasonable
notice to the Vendor and allow a reasonable time for that vendor to be heard. The City
Manager shall have the authority to debar a vendor/contractor for cause from consideration
for award of contracts. The debarment shall not be for a period of more than three years.
11.2 The causes for debarment include:
A) Conviction of or civil judgment for commission of a fraud or a criminal offense in
connection with obtaining or attempting to obtain or performing a public or private contract
or subcontract
B) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery,
falsification or destruction of records, receiving stolen property, or any other offense
indicating a lack of business integrity or business honesty
C) Conviction under state or federal antitrust statutes arising out of the submission of
bids or proposals
D) Violation of contract provisions, as set forth below, of a character which is regarded
by the City Manager to be so serious as to justify debarment action:
i. Deliberate failure without good cause to perform in accordance with the
specifications or within the time limit provided in the contract
ii. A recent record of failure to perform or of unsatisfactory performance in
accordance with the terms of one (1) or more contracts; if failure to perform or
unsatisfactory performance caused by acts beyond the control of the contractor shall not be
a basis for debarment
E) Any other cause the City Manager determines to be as serious and compelling as
to affect responsibility as a City contractor, including debarment by another
governmental entity for any cause listed in this article
F) For violation of the ethical standards set forth in Section 2 of this policy or Dover
Code, Chapter 30
11.3 The City Manager is authorized to suspend a person from consideration for award of
contracts pending his/her decision if there is probable cause to believe that the person has
engaged in any activity which might lead to debarment. The suspension shall continue
until the debarment decision has been made. The City Manager shall notify the person to
be debarred in writing and set forth the basis for the action. A copy of the notification shall
be sent to the Mayor and Council. The written notification shall be delivered to the person
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to be suspended either in person or by certified mail. The decision shall state the basis for
the action taken.
11.4 Before the award of any contracts utilizing federal funds, the department must exclude any
vendors listed on the Federal Government’s Excluded Parties Listing located
atwww.sam.gov.
SECTION 12 - COMMITTEES/COMMISSIONS
12.1 All City of Dover appointed Committees and Commissions are required to follow the City of
Dover purchasing policy, unless otherwise directed by City Council.
12.2 The Committee Chair or designated City staff member is authorized to purchase materials.
12.3 A list of the names of the individuals authorized to make purchases along with each authorized
individuals’ signature are to be submitted to the Finance Department.
12.4 A proposed work plan or budget will be required prior to disbursement of funds.
12.5 The Finance Department will give each Committee Chairperson a purchasing orientation and
provide a copy of the Purchasing Policy.
EFFECTIVE DATE
Adopted by City Council December 8, 2008
Amended by City Council February 28, 2011
Amended by City Council October 22, 2018
Amended by City Council September 28, 2020
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APPENDIX A
STANDARDS OF ETHICAL CONDUCT AND ETHICS COMMISSION
ARTICLE II – STANDARDS OF ETHICAL CONDUCT
Chapter 30, Section 30-20. - Established.
High ethical standards among public officials and employees are essential to gain and maintain the
confidence of the people, because such confidence is essential to the conduct of free government.
Public officials and employees are agents of the people and hold office for the benefit of the public.
They are bound to observe in their official acts the highest standards of morality and to discharge
faithfully and impartially the duties of their offices, regardless of personal considerations,
recognizing that the public interest must be their primary concern. Their conduct in both their
official and private affairs should be above reproach. These standards of ethical conduct are
adopted in order to secure this desired high level of public trust, ensure the impartiality of public
officials and employees, and impose standards of accountability.
(a) General responsibilities of officials and employees.
(1) Officials and employees have the common obligation of serving the public. In
performing their duties, they shall treat the public and each other with respect,
concern, and responsiveness, recognizing that their common goal of exceptional
public service can only be achieved by working together. Disputes that arise among
public servants shall be resolved at the lowest possible level; keeping in mind that
public money spent on resolving these disputes is money not spent on important
public needs.
(2) Officials and employees shall treat their position as a public trust, with a fiduciary
duty to use the powers and resources of public office only to advance the public
interest and not to obtain personal benefits or pursue private interests.
(3) Officials and employees shall conduct themselves in a manner that justifies the
confidence placed in them by the people, at all times maintaining the integrity and
discharging ethically the high responsibilities of public service.
(4) Full disclosure of real or potential conflicts of interest shall be a guiding principle
for determining appropriate conduct. At all times, reasonable efforts shall be made
to avoid undue influence and abuse of office in public service.
(5) No official or employee may request or receive, and no person may offer any
money, thing of value or promise thereof, other than any city pay received, that is
conditioned upon or given in exchange for promised performance of an official act.
(b) Appearance of violation. Each city employee and official shall endeavor to pursue a
course of conduct which will not raise suspicion among the public that he is engaging in
acts which are in violation of his public trust and which will not reflect unfavorably upon
the city and its government.
(c) Private interest; gifts. No city employee or official shall have any interest in any private
enterprise, nor shall he incur any obligation of any nature which is in substantial conflict
with the proper performance of his duties in the public interest. No city employee or
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official shall accept other employment, any compensation, gift, payment of expenses or
any other thing of monetary value under circumstances in which such acceptance may
result in any of the following:
(1) Impairment of independence of judgment in the exercise of official duties;
(2) An undertaking to give preferential treatment to any person;
(3) The making of a governmental decision outside official channels; or
(4) Any adverse effect on the confidence of the public in the integrity of the
government of the city.
(d) Interest in private enterprise. No city employee or official shall acquire a financial
interest in any private enterprise which he has reason to believe may be directly involved
in decisions to be made by him in an official capacity on behalf of the city.
(e) Prohibitions relating to conflicts of interest. No councilman or other official or
employee, whether paid or unpaid, shall engage in any business or transaction or shall
have a financial or other personal interest, direct or indirect, which is incompatible with
the proper discharge of his official duties in the public interest or would tend to impair
his independence of judgment or action in the performance of his official duties. Personal
as distinguished from financial interest includes an interest arising from blood or marriage
relationships or close business or political association provided, that upon request from
any person with official responsibility with respect to the matter, any such person who
has such a personal or private interest may nevertheless respond to questions concerning
any such matter.
(1) Restrictions on exercise of official authority.
a. Prohibited participation. No city employee or official may participate on behalf
of the city in the review or disposition of any matter pending before the city in
which he has a personal or private interest, provided that, upon request from any
person with official responsibility with respect to the matter, any such person
who has such a personal or private interest may nevertheless respond to
questions concerning any such matter. A personal or private interest in a matter
is an interest which tends to impair a person's independence of judgment in the
performance of his duties with respect to that matter.
b. Impairment of judgment. A person has an interest which tends to impair his
independence of judgment in the performance of his duties with respect to any
matter when:
i. Any action or inaction with respect to the matter would result in a financial
benefit or detriment to accrue to the person or a close relative to a greater
extent than such benefit or detriment would accrue to others who are
members of the same class or group of persons; or
ii. The person or a close relative has a financial interest in a private enterprise
which enterprise or interest would be affected by any action or inaction on
a matter to a lesser or greater extent than like enterprises or other interests
in the same enterprise.
c. Statutory responsibility. In any case where a person has a statutory responsibility
with respect to action or inaction on any matter where he has a personal or
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private interest and there is no provision for the delegation of such responsibility
to another person, the person may exercise responsibility with respect to such
matter, provided that, promptly after becoming aware of such conflict of interest,
he files a written statement with the ethics commission, fully disclosing the
personal or private interest and explaining why it is not possible to delegate
responsibility for the matter to another person.
(2) Restrictions on representing another's interest before the city.
a. Prohibited. No city employee or official may represent or otherwise assist any
private enterprise with respect to any matter before the city.
b. Exception. This subsection shall not preclude any city employee or official from
appearing before the city or otherwise assisting any private enterprise with
respect to any matter in the exercise of his official duties.
(3) Restriction on contracting with the city.
a. Prohibited. No city employee or official shall benefit from any contract with the
city, nor solicit any contract, and shall not enter into any contract with the city
(other than an employment contract).
b. Ownership of enterprise. No private enterprise in which a city employee or
official has a legal or equitable ownership of more than ten percent (more than
one percent in the case of a corporation the stock of which is regularly traded on
an established securities market) shall enter into any contract with the city (other
than an employment contract) unless such contract was made or let after public
notice and competitive bidding.
(f) Postemployment restrictions. No person who has served as a city employee or official
shall represent or otherwise assist any private enterprise on any matter involving the city,
for a period of two years after termination of his employment or elected or appointed
status with the city, if he gave an opinion, conducted an investigation or otherwise was
directly and materially responsible for such matter in the course of his official duties as a
city employee or official, nor shall any former city employee or official disclose
confidential information gained by reason of his public position, nor shall he otherwise
use such information for personal gain or benefit.
(g) Unauthorized disclosure of confidential information. No person shall disclose any
information required to be maintained confidential by the ethics commission under
section 30-3(b), 30-73 or 30-74.
(h) Abuse of office.
(1) Political contributions. No elected city official shall agree to sponsor legislation,
or to influence in any manner the formulation or passage of legislation, in exchange
for political contributions or promises thereof.
(2) Substantial interest. No elected city official shall vote for, or promote in any manner
whatsoever, legislation affecting any subject matter in which he has a substantial
interest. Any such interest shall be disclosed by said elected official prior to a vote
on any such legislation and said elected official shall vote "abstain" when called upon
to vote.
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(3) Use of city property. No city official or employee shall request or permit the use of
city-owned vehicles, equipment, materials, or property for personal convenience or
profit, except when such services are available to the public generally or are provided
for the use of such official or employee in the conduct of official business as a matter
of municipal policy.
(4) Personal gain. No city official or employee shall utilize the influence of his office
or position for personal pecuniary gain, or to avoid the legal consequences of his
personal conduct.
(i) Criminal sanctions.
(1) Penalties. Any person who knowingly or willfully violates any provision of this
section shall be guilty of a misdemeanor, punishable for each such violation by
imprisonment of not more than one year and by a fine as provided for in
Appendix F—Fees and Fines.
(2) Time limitations. A prosecution for a violation of this section shall be subject to the
time limitations of 11 Del. C. § 205.
(j) Contracts voidable by court action. In addition to any other penalty provided by law,
any contract entered into by any city agency in violation of this chapter shall be voidable
by the city agency; provided that in determining whether any court action should be taken
to void such a contract pursuant to this subsection, the city agency shall consider the
interests of innocent third parties who may be damaged thereby. Any court action to void
any transaction must be initiated within 30 days after the city agency involved has, or
should have, knowledge of such violation.
(k) Private gain. No city employee or official shall use his public office to secure
unwarranted privileges, private advancement or gain.
(l) Confidential information; prohibited activity. No city employee or official shall engage
in any activity beyond the scope of his public position which might reasonably be
expected to require or induce him to disclose confidential information acquired by him
by reason of his public position.
(m) Disclosure of information. No city employee or official shall, beyond the scope of his
public position, disclose confidential information gained by reason of his public
position, nor shall he otherwise use such information for personal gain or benefit
(n) Ex parte communications. No official or employee shall encourage, make or accept any
ex parte or other unilateral application or communication that excludes the interests of
other parties in a matter under consideration when such application or communication is
designed to influence official decision or conduct of the official or other officials,
employees or agencies in order to obtain a more favored treatment or special
consideration to advance the personal or private interests of himself or herself or others.
The purpose of this provision is to guarantee that all interested parties to any matter shall
have equal opportunity to express and represent their interests.
Any written ex parte communication received by an official or employee in matters where
all interested parties should have equal opportunity for a hearing shall be made part of the
record by the recipient.
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Any oral ex parte communication received under such conditions should be written down
in substance by the recipient and also made a part of the record.
A communication concerning only the status of a pending matter is not regarded as an ex
parte communication.
(o) Sexual favors. No city employee or official, in the course of his public responsibilities,
shall use the granting of sexual favors as a condition, either explicit or implicit, for an
individual's favorable treatment by that person or a city agency.
ARTICLE III. - ETHICS COMMISSION
Sec. 30-71. - Established; composition; removal; terms of office; vacancies; chairperson; quorum;
compensation; legal counsel.
(a) Established; composition; removal. The city ethics commission is hereby established to
administer and implement this chapter. The ethics commission shall consist of five
members appointed by the mayor and confirmed by the city council. No member of the
commission shall hold any elected or appointed office under the government of the United
States or the state, county, or city. Members of the ethics commission may be removed
by the mayor, with the concurrence of the city council, for substantial neglect of duty,
gross misconduct in office or a violation of this chapter.
(b) Terms of office; vacancies. A member of the ethics commission shall be appointed for
a term of office of five years and until his successor has been appointed and has qualified.
The members shall be appointed for staggered terms of office, and until their successors
have been appointed. When a vacancy occurs in the membership of the ethics
commission, it shall be filled by appointment for the unexpired portion of the term in the
same manner as the original appointment.
(c) Chairperson; quorum. The ethics commission shall elect a chairperson from among its
membership. Three members of the ethics commission shall constitute a quorum and, if
a quorum is present, a vacancy on the ethics commission shall not impair the right of the
remaining members to exercise all the powers of the ethics commission. Disciplinary
hearings may be conducted and sanctions may be imposed only by the affirmative action
of at least three members; otherwise, the ethics commission may delegate authority to the
chairperson to act for the ethics commission between meetings.
(d) Compensation. Members of the ethics commission shall receive no compensation.
(e) Legal counsel. The city solicitor shall provide legal counsel to the ethics commission
and shall be the legal representative of the ethics commission in connection with its duties
hereunder, on a case-by-case basis, or determine that outside counsel is needed and obtain
such outside counsel for a particular matter.
Sec. 30-72. - Powers and duties.
(a) The powers and duties of the ethics commission shall be:
(1) Standards of ethical conduct. To recommend to the mayor and council, from time
to time, such rules of conduct for public employees and officials as it shall deem
appropriate.
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(2) Advisory opinions. To issue written advisory opinions, upon the request of any city
employee or official, as to the applicability of this chapter to any particular factual
situation.
(3) Referrals to solicitor. To refer to the city solicitor for investigation any alleged
violation of this chapter and, after notice and hearing, to recommend such
disciplinary action as it may deem appropriate to such appropriate official or agency
as the ethics commission shall determine, or to take such other disciplinary action as
authorized by section 30-73(o) or other provisions of the city Charter or this Code.
The ethics commission may dismiss, without reference to the city solicitor, any
complaint which the ethics commission determines is frivolous or fails to state a
violation.
(4) Report of crimes. To report to the appropriate federal, state or city authorities any
substantial evidence of a violation of any criminal law which may come to its
attention in connection with any proceeding, whether advisory or disciplinary.
(5) Records. To maintain a file of its proceedings, waiver decisions and advisory
opinions with a view toward achieving consistency of opinions and
recommendations subject to the confidentiality requirements of sections 30-74 and
30-73(s).
(6) Procedures. To follow the procedural rules specified in section 30-73 and to
establish such other procedural rules as shall be consistent with the rules prescribed
therein.
(7) Witnesses, evidence. To subpoena witnesses, compel their attendance and
testimony, administer oaths and affirmations, take evidence and require, by
subpoena, the production of books, papers, records or other evidence needed for the
performance of the ethics commission's duties or exercise of its powers.
(8) Assistance to city personnel. To provide assistance to any city employee, official
or agency in administering the provisions of this chapter.
(9) Provide information. To prepare any necessary reports and studies to advance the
purpose of this chapter, to provide any necessary materials explaining the duties of
individuals covered by this chapter, and to supply instructions and public information
materials to facilitate compliance with, and enforcement of, this chapter.
(10) Request city agencies for assistance. To request appropriate city agencies to
provide such professional assistance as it may require in the discharge of its duties.
Sec. 30-73. - Rules of procedure; complaints; hearings; dispositions.
(a) Any person, either personally or on behalf of an organization or governmental body,
may file a sworn complaint for the ethics commission with the city clerk. The complaint
must be in writing, be signed, and show the address of the person who submitted it. The
complaint must state that, to the best of the person's knowledge, information, and belief
formed after reasonable reflection, the information in the complaint is true. The complaint
must describe the facts that constitute the violation of the standards of ethical conduct in
sufficient detail so that the ethics commission and the person who is the subject of the
complaint can reasonably be expected to understand the nature of any offense that is being
alleged. The commission may request any additional information deemed necessary to
screen the complaint or to render a decision. No complaints shall be accepted or
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considered which relate to actions that took place more than one year prior to the date of
filing. The individual filing the sworn complaint has 60 days from the date that the issue
is brought to his or her attention to file a complaint.
(b) After the sworn complaint has been filed, none of the parties or their representatives
may communicate on an ex parte basis with any commission members pertaining to the
complaint. All communications pertaining to the complaint shall be submitted to the city
clerk.
(c) Within seven days of receiving a sworn complaint the city clerk shall send copies of the
complaint to each member of the ethics commission, the city solicitor, and the official or
officials against whom such complaint has been filed. Hereinafter, the complaining party
shall be referred to as the "complainant" and the official against whom a complaint has
been lodged shall be referred to as the "respondent."
(d) The commission recognizes that distribution to the public of a sworn complaint prior to
screening by the commission as required below could harm the reputation of an innocent
person and is contrary to the public interest; therefore, the public release of the complaint
is prohibited until the screening process has been completed. The commission shall
consult in confidence to screen the complaint within 14 days of receiving the complaint.
The commission may immediately dismiss a complaint if:
(1) It has no jurisdiction; or
(2) The alleged violation, if true, would not constitute a violation of the standards of
ethical conduct; or
(3) The alleged violation is a minor or de minimis violation; or
(4) The complaint is, on its face, frivolous, groundless, or brought for purposes of
harassment; or
(5) The matter has become moot because the person who is the subject of the complaint
is no longer an officer, official or employee; or
(6) The respondent had obtained an advisory opinion under section 30-74(c) permitting
the conduct; or
(7) The appointing authority of the respondent has already taken action as a result of
finding a violation and the commission believes the action was appropriate.
(e) In issues regarding standards of ethical conduct violations, the enforcement process is
intended to be corrective rather than remedial unless the violation is a repeated offense.
In the event the ethics commission determines a standards of ethical conduct violation
has occurred, and it is minor in nature, with the concurrence of the complainant and the
subject of the sworn complaint, the commission may dispense with the hearing process
and conduct a more informal mediation process in lieu of a hearing.
(f) If the sworn complaint is not dismissed or otherwise resolved pursuant to subsection 30-
73(d), the city clerk shall promptly contact the members of the ethics commission, the
city solicitor, the complainant, and the respondent in order to ascertain a date and time
when a hearing can be convened on such complaint. As soon as a date and time have been
agreed upon for a hearing before the ethics commission, the city clerk shall send written
notice of such scheduling and a copy of the rules of procedure to the complainant and to
the respondent. No copies of the complaint shall be provided to any other parties before
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the respondent receives the complaint. The city solicitor shall be the prosecuting attorney
in all disciplinary proceedings before the ethics commission. In any such investigation or
proceeding, a defendant shall be given an opportunity to be heard after notice, to be
advised and assisted by legal counsel, to produce witnesses and offer evidence, and to
cross examine witnesses. A transcript of any such proceeding shall be made and retained,
subject to the confidentiality requirements of this chapter.
(g) The commission may dismiss a complaint if the complainant does not appear at the
hearing and if, in the opinion of the commission, it would be unfair to the respondent not
to have the opportunity to examine the complainant.
(h) As promptly as possible after the close of the hearing, the commission shall deliberate
to determine if the allegations have been proven by clear and convincing evidence. Only
ethics commission members who have been present for the hearing may participate in the
deliberations, and any findings and recommendations must be adopted by a majority of
the commission. The commission may consider, when making findings and
recommendations, the severity of the offense, the presence or absence of any intention to
conceal, deceive, or mislead, whether the violation was deliberate, negligent or
inadvertent, and whether the incident was isolated or part of a pattern.
(i) Within seven days of the conclusion of deliberations, the commission shall issue an order
setting forth its findings and recommendations. In the alternative, the commission where
it deems it appropriate, may issue an advisory opinion in lieu of making findings and
recommendations.
(j) If the respondent is an employee, the commission may, if it determines corrective action
is necessary, notify the city manager or the council president and recommend that action
be taken, including discipline.
(k) If the respondent is a city official, the commission may propose actions to the city
council that are appropriate to the finding as specified in section 30-73(o).
(l) The commission shall send a written copy of its findings and recommendations to the
respondent and the complainant.
(m) Proceeding relating to member. A member of the ethics commission shall be ineligible
to participate, as a member of the ethics commission, in any ethics commission
proceeding relating to his conduct. A member of the ethics commission who has been
found by the ethics commission to have violated this chapter shall be ineligible to serve
again as a member of the ethics commission.
(n) Self-disqualification. A member of the ethics commission may disqualify himself from
participating in any investigation of the conduct of any person upon submission, in
writing and under oath, of an affidavit or disqualification stating that he cannot render an
impartial and unbiased decision in the case in which he seeks to disqualify himself.
(o) Actions by ethics commission. With respect to any violation with which a person has
been charged and which the ethics commission has determined as proved, the ethics
commission may take any one or more of the following actions:
(1) Reprimand. Issue a written reprimand or censure of that person's conduct.
(2) Discipline. With respect to a city employee, remove, suspend, demote or take other
appropriate disciplinary action with respect to that person, without regard to any
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limits imposed by this chapter, but within the limits of the constitution, the laws of
the state, the Charter of the city, and ordinances and existing collective bargaining
agreements.
(3) Recommend removal. With respect to an appointed official, recommend that
appropriate action be taken to remove the official from the appointed position.
(4) Recommend fine. With respect to an elected city official, recommend that such
official be fined in an amount recommended by the ethics commission.
(p) Rights of person charged. In any proceeding before the ethics commission, upon the
request of any person charged with a violation of this chapter, such person shall be
permitted to inspect, copy or photograph books, papers, documents, photographs or other
tangible objects which will be used as evidence against that person in a disciplinary
hearing and which are material to the preparation of his defense.
(q) Exculpatory information. In any proceeding before the ethics commission, if the city
solicitor or ethics commission at any time receives any exculpatory information
concerning an alleged violation against any person, it shall forthwith make such
information available to such person.
(r) Subpoenas. Any person charged with a violation of this chapter may apply to the ethics
commission for the issuance of subpoenas for the appearance of witnesses and for the
production of documents on his behalf. The application shall be granted upon a concise
showing by such person that the proposed testimony or evidence is relevant (or is
reasonably calculated to lead to the discovery of relevant evidence) and is not otherwise
available. The application shall be denied if not made at a reasonable time or if the
testimony or evidence would be merely cumulative.
(s) Confidentiality of proceedings.
(1) City employee. All proceedings before the ethics commission relating to a violation
of this chapter by a city employee shall be maintained confidential by the ethics
commission, unless:
a. Public disclosure is requested, in writing, by the person charged; or
b. The ethics commission determines after a hearing that a violation has occurred.
(2) City official. All proceedings before the ethics commission relating to a violation
of this chapter by a city official, appointed or elected, shall be maintained
confidential by the ethics commission, unless:
a. Public disclosure is requested, in writing, by the person charged; or
b. The ethics commission determines after a hearing that a violation has occurred.
(t) Appeals; public inspection. Notwithstanding the confidentiality requirements of
subsections (s)(1) and (2) of this section, the ethics commission shall make available for
public inspection the record of all proceedings relating to any decision of the ethics
commission which is appealed to the superior court and the ethics commission shall report
to appropriate federal, state and/or city authorities any substantial evidence of a violation
of any criminal law which comes to its attention in connection with any proceeding under
this chapter.
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(u) Confidentiality procedures. The chairperson of the ethics commission shall, with the
approval of the ethics commission, establish such procedures as, in the chairperson's
judgment, may be necessary to prevent the disclosure of any record of any proceedings
or other information received by the ethics commission, except as permitted by this
chapter.
Sec. 30-74. - Waivers of restrictions and advisory opinions.
(a) Authority of ethics commission. Notwithstanding the provisions of section 30-20, upon
the written request of any city agency or of any individual who is or was a city employee
or city official, the ethics commission may grant a waiver to the specific prohibitions
contained therein if the ethics commission determines that the literal application of such
prohibition in a particular case is not necessary to achieve the public purposes of this
chapter or would result in an undue hardship on any employee or official. Any such
waiver may be granted only by written decision of the ethics commission. Any person
who acts in good faith reliance upon any such waiver decision shall not be subject to
discipline or other sanction hereunder with respect to the matters covered by the waiver
decision, provided there was a full disclosure to the ethics commission of all material
facts necessary for the waiver decision.
(b) Waiver information confidential; exceptions. Any application for a waiver, any
proceeding and any decision with respect thereto shall be maintained confidential by the
ethics commission, provided that:
(1) Applicant's request. Public disclosure shall be made by the ethics commission upon
the written request of the applicant;
(2) Violations. The ethics commission may make such public disclosure as it
determines is required in connection with the prosecution of any violation of this
chapter;
(3) Evidence of crime. The ethics commission shall report to appropriate federal, state
and/or city authorities substantial evidence of any criminal violation which may
come to its attention; and
(4) Public record. In the event that a waiver is granted, the waiver decision and the
record of all proceedings relating thereto shall be open to public inspection.
(c) Advisory opinion authorized. Upon the written request of any city employee or official,
the ethics commission may issue an advisory opinion as to the applicability of this chapter
to any particular fact or situation. Any person who acts in good faith reliance upon any
such advisory opinion shall not be subject to discipline or other sanction hereunder with
respect to the matters covered by the advisory opinion, provided there was a full
disclosure to the ethics commission of all material facts necessary for the advisory
opinion.
(d) Advisory opinion confidential; exceptions. Any application for an advisory opinion, any
proceeding and any decision with respect thereto shall be maintained confidential by the
ethics commission, provided that:
(1) Applicant's request. Public disclosure shall be made by the ethics commission upon
the written request of the applicant;
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(2) Violations. The ethics commission may make such public disclosure as it
determines is required in connection with the prosecution of any violation of this
article; and
(3) Evidence of crime. The ethics commission shall report to appropriate federal, state
and/or city authorities substantial evidence of any criminal violation which may
come to its attention.
Sec. 30-75. - Judicial review.
In the event that the ethics commission finds that any person has violated any provision of this
chapter, said person shall have a right of appeal to the superior court of any such finding, and of
any sanctions imposed with respect thereto, by filing a notice of appeal with the superior court
within 30 days of the final action by the ethics commission in a particular case. The appeal shall
be on the record without a trial de novo. If the court determines that the record is insufficient for
its review, it shall remand the case to the ethics commission for further proceedings on the record.
The court's review, in the absence of actual fraud, shall be limited to a determination of whether
the ethics commission's decision was supported by substantial evidence on the record. The burden
of proof in any such appeal shall be on the appellant.
(Ord. No. 2017-14 , 12-11-2017)
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APPENDIX B
INVITATION TO BID AND REQUEST FOR PROPOSAL PROCEDURES
Departments will use the chart below to determine the appropriate solicitation method. Advance
coordination with the Purchaser is required.
Competitive Sealed Bids VS Competitive Sealed Proposals
Activity Description Competitive Sealed Bids Competitive Sealed Proposals
Specifications Specific as to End results oriented by Scope of Work.
performance/design Proposer must develop and provide solution.
Opening Public – all data available to Public – only names of proposers are read;
other bidders and the public no pricing or other data made available
Evaluation Based strictly on Technical Based on quality with multi-member Criteria
Specifications – NO material Evaluation Committee assigning weighted
changes allowed values to various parts of each proposal
Discussion None Individual discussions with each proposer to
determine understanding of proposal
requirements
Changes None Each proposer can re-submit a Best and Final
Offer that might change the solution and the
price
Award Lowest Responsive and Best Value Proposal – not necessarily the
Responsible Bidder lowest price
I. COMPETITIVE SEALED BIDS
A. Preparing Specifications
• The department requesting the purchases through Procurement/Inventory will
prepare the complete specifications, with the assistance of the Purchaser (if
requested) and submit them to Procurement/Inventory.
• All specifications shall be written in such a manner as to describe the
requirements to be met, without having the effect of exclusively requiring a
proprietary supply, service, or construction item, or procurement from a sole
source, unless no other manner of description will suffice.
• Where a brand name or equal specification is used in a solicitation, the
solicitation shall contain explanatory language that the use of a brand name is
for describing the standard of quality, performance, and characteristics desired
and is not intended to limit or restrict competition.
• It is the general policy of the City to procure standard commercial products
whenever practicable. In developing specifications, accepted commercial
standards shall be used and unique requirements shall be avoided, to the extent
practicable.
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B. If only one responsive bid is received in response to an invitation to bid or request
for proposal, an award may be made to the single bidder if the Department Director
having operational authority over the funds to be expended determines that the price
submitted is fair and reasonable, and that either other prospective bidders had
reasonable opportunity to respond, or there is not adequate time for re-solicitation.
Otherwise the bid/proposal may be rejected and new bids or offers may be solicited
or the proposed procurement may be cancelled.
C. Bids are to be delivered to Procurement/Inventory, 710 William Street, Dover,
Delaware 19904. They will be opened in the presence of the Purchaser or her/his
designee. All bids shall become public record and shall be available for public
inspection after it has been determined that there is no proprietary information
within the bids. Copies of bids will not be provided to competing vendors. All
purchasing related records must be kept for the period described in the State Bureau
of Archives Retention Schedule by Procurement/Inventory. Copies of all
evaluation forms and signed contracts/award letters must be forwarded to
Procurement/Inventory for retention.
D. For materials, supplies, equipment, and construction work, the department
requesting the solicitation will supply Procurement/Inventory with clear bid
specifications. Such specifications should rigorously meet the need of the City of
Dover, but not be so all inclusive as to effectively eliminate all but one vendor.
E. The City reserves the right to pre-qualify bidders. This pre-qualification does not
prohibit the City from determining, in its sole opinion, the most suitable bid for the
product or projects.
F. For purchases $25,000 and greater, vendor references may be checked. This will be
done to verify the bidder's ability to perform the contract requirements, the quality of
work and the ability to meet obligations in case of non-fulfillment of the contract.
G. The bid notice prepared by Procurement/Inventory shall provide the specifications or
details of how vendors can obtain specifications. The bid notice shall also specify the
closing date, time and place for receiving the bids, opening of the bids, where potential
bidders may obtain contract documents, and the fee for each contract. A fee in an
amount capable of recovering the cost of preparation of the specifications may be
charged when specifications are picked up by the vendor.
H. A bid bond or certified check in the amount equivalent to ten percent (10%) of the bid
amount should be required with each bid for construction work, materials, supplies,
or equipment over $25,000. The requirement for a bid bond may be waived by the
Procurement/Inventory Manager and Department Head when the bid is for items
being purchased for stock. A bid bond may be required by the requesting department
regardless of the dollar value of the bid. Acceptable bid security shall be limited to a
bid bond in a form satisfactory to the City underwritten by a company licensed to issue
bid bonds in this state or a bank certified check. If a bid does not comply with security
requirements, it shall be rejected as being non-responsive. The required bid bond shall
be in substantially the format as identified in APPENDIX C.
The check or bid bond of the bidder to whom the contract is awarded will be forfeited
to the City of Dover as liquidated damages in case the contract and performance bond
are not executed within fifteen days after receiving official notification of award.
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I. A performance bond shall be required from the successful bidder for a construction
contract. Such a bond shall be for the full amount of the contract. If the contractor
fails to provide such a bond or a binder within fifteen days of the award of the contract,
the award of the contract or the contract shall be void. The required performance bond
shall be in substantially the format as identified in APPENDIX D.
Other insurance or bonds as required by State and/or Federal laws shall be furnished
by the contractor. The amounts and the types of the bonds and insurance required
shall be disclosed in the bid specifications. The bond shall be released by the City of
Dover upon successful completion of the contract and upon a detailed inspection of
the contracted work.
J. The City of Dover shall have the right to reject any or all bids if deemed to be in the
best interest of the City.
K. All bids submitted to the City of Dover shall be such as to comply with the applicable
local, state and federal requirements.
II. COMPETITIVE SEALED PROPOSALS
Evaluation of proposals must adhere to the following guidelines:
a. Determine what proposals are acceptable and unacceptable
b. A determination that a proposal is unacceptable shall be in writing, state the basis for
the determination and be retained in the procurement file
c. The offeror shall not be afforded an opportunity to modify its offer
Negotiation with individual offerors
a. The department can negotiate with individual offerors after their proposals are opened.
b. Formalized procedures should be established and consistently applied to each offer
c. Disclosure of one offerors price to another is prohibited
d. The department must send a written request for best and final offers setting forth the
date, time, and place for submission of best and final offers
e. The department must inform the offerors that if they do not submit a notice of
withdrawal or a best and final offer, their immediate previous offer will be construed
as their best and final
Final Award
a. The contract shall be awarded within 90 days of the closing date
b. The department shall award a contract to the offeror whose proposal is determined in
writing to be most advantageous to the City
c. The determination shall explain the basis of the award
d. Procurement/Inventory shall notify each unsuccessful offeror in writing of the award
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APPENDIX C
SAMPLE BID BOND
Bond No. _________________
KNOW ALL MEN BY THESE PRESENTS, that we,
as Principal, hereinafter called the Principal and [Bonding Company] (hereinafter called the "Surety"), a corporation
duly authorized to transact business in and having its principal office at
_______________________, are held and firmly bound unto the City of Dover, for the sum of
_____________Dollars ($ ), for payment of which sum well and truly to be made, the said
Principal and said Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for [Identify project by number and brief description].
NOW, THEREFORE, if the City of Dover shall accept the bid of the Principal and the Principal shall enter into a
Contract with the City of Dover in accordance with the terms of such bid, and give such bond or bonds as may be
specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such
Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the
failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the City of
Dover the difference not to exceed the penalty hereof between the amount specified in said bid and such larger
amount for which the City of Dover may in good faith contract with another party to perform work covered by said
bid or an appropriate liquidated amount as specified in the Invitation for Bids then this obligation shall be null and
void, otherwise to remain in full force and effect
Signed and sealed this _________ day of ____________________, 20 _______.
Witness of Attest: (Witness)
By: (Principal)
By: (Surety)
IMPORTANT: Surety Companies executing BONDS must appear on the Treasury Department's most current list
(Circular 570 as amended) and be authorized to transact business in the state where the project is located.
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APPENDIX D
SAMPLE PERFORMANCE BOND
Bond No. _________________
KNOW ALL MEN BY THESE PRESENTS, that [Here insert the full name and address or legal title of
the contractor] as Principal, hereinafter called Contractor, and [Bonding Company] (hereinafter called the
"Surety"), a corporation duly authorized to transact business in and having its
principal office at _______________________, are held and firmly bound unto the City of Dover, as
Obligee, in the amount of [Here insert a sum equal to the total amount of the contract price] Dollars ($ ),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated ___________________, 20 _____, entered into a
contract with the City of Dover for [Describe project and insert project number] in accordance with
drawings and specifications prepared by [Here insert full name and address or legal title of Architect]
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if the Contractor shall
promptly and faithfully perform said Contract then this obligation shall be null and void; otherwise it
shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of
time made by the City of Dover and its obligation is not affected by any such alteration or extension
provided the same is within the scope of the contract. Whenever the Contractor shall be, and is declared
by the City of Dover to be in default under the Contract, the City of Dover having performed the City of
Dover’s obligations thereunder, the Surety may promptly remedy the default or shall promptly:
1) Complete the Contract in accordance with its terms and conditions; or
2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and
upon determination by the City of Dover and the Surety jointly of the lowest responsive,
responsible bidder, arrange for a contract between such bidder and the City of Dover, and make
available as work progresses sufficient funds to pay the cost of completion less the balance of the
contract price; but not exceeding, including other costs and damages for which the Surety may be
liable hereunder the amount set forth in the first paragraph hereof. The term “balance of the
contract price,” as used in this paragraph, shall mean the total amount payable by the City of
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Dover to the Contractor under the Contract and any amendments thereto, less the amount
properly paid by the City of Dover to the Contractor. No right of action shall accrue on this bond
to or for the use of any person or corporation other than the City of Dover or successors of the
City of Dover.
Signed and sealed this _________ day of ____________________, 20 _______.
Witness of Attest: (Witness)
By: (Principal)
By: __ (Surety)
IMPORTANT: Surety Companies executing BONDS must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the state where the project
is located.
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APPENDIX E
GLOSSARY
“Addendum/Addenda” A written change, addition, alteration, correction, or revision to a bid,
proposal, or contract document. Commonly, the name given to the document used to revise a
solicitation. Addendum/addenda may be issued following a pre-bid/pre-proposal conference or
as a result of a specification or work scope change to the project.
“Award” The acceptance of a bid or proposal; the presentation of a purchase agreement or
contract to a bidder or proposer.
“Best and Final Offer” A process requested from one proposer or short-listed proposers for
their best price(s) for a specific solicitation prior to determining of contract award.
“Best Value” 1) A procurement method that emphasizes value over price. The best value might
not be the lowest cost. Generally achieved through the Request for Proposals (RFP) method. 2)
An assessment of the return that can be achieved based on the total life cycle cost of the item;
may include an analysis of the functionality of the item; can use cost-benefit analysis to define
the best combinations of quality, services, time, and cost considerations over the useful life of the
acquired item.
“Bid” The response submitted by a bidder to an Invitation to Bid (ITB).
“Bid Bond” An insurance agreement, accompanied by a monetary commitment, by which a
third party (the surety) accepts liability and guarantees that the bidder will not withdraw the bid.
The bidder will furnish bonds in the required amount and if the contract is awarded to the bonded
bidder, the bidder will accept the contract as bid, or else the surety will pay a specific amount.
“Bid Protest” A written objection made against the selection methods employed or decisions
made by a public agency leading to the award of a contract or purchase.
“Brand Name or Equivalent” One or more manufacturers’ brand names, with identifying
model numbers, used in a specification to invoke certain quality, performance, and other salient
characteristics needed to meet the solicitation requirements.
“Brand Name Specification” A specification using one or more manufacturers’ brand names,
with identifying model numbers, to describe the acceptable items; all other items will be
excluded.
“Buyer” A purchaser or procurer of products and services. This title may also refer to an
individual who is responsible for the procurement activities of an entity, also commonly referred
to as a purchasing or procurement agent.
“Capital Asset” An asset with a life cycle of more than one year with a value of more than a
certain prescribed limit set by accounting standards or by governmental policy. For the City, this
amount is $4,999.
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“Certain Professional Services” means those services within the scope of the practice of
architecture, professional engineering, professional land surveying, landscape architecture and
geology.
“Change Order” A written alteration that is issued to modify or amend a contract or purchase
order. A bilateral (agreed to by all parties) or unilateral (government orders a contract change
without the consent of the contractor) request that directs the contractor to make changes to the
contracted scope of work or specifications. In reference to construction contracts, it relates
primarily to changes caused by unanticipated conditions encountered during construction not
covered by the drawings, plans, or specifications of the project.
“Clarification” A communication with a proposer for the sole purpose of eliminating minor
irregularities or apparent clerical mistakes in a proposal; may be initiated by either proposer or
purchaser; does not give the proposer an opportunity to revise or modify its proposal, except to
the extent the correction of apparent clerical mistakes results in revision.
“Combination Specification” Has the features of both design specifications and performance
specifications.
“Commodity” A marketable item produced to fulfill a need or want, and references both goods
and services.
“Commodity Code” A system of words or numbers designed to identify and list commodities or
services by classes or sub-classes. For the City, the commodity code is the first three numbers of
stock code and the sub-commodity is the second three numbers of the stock code. A list can be
printed from HTE.
“Competitive Sealed Bidding” Method of acquiring goods, services, and construction for
public use in which the award is made to the lowest responsive and responsible bidder, based
solely on the response to the criteria set forth in the Invitation to Bid (ITB); does not include
discussions or negotiations with bidders.
“Contract” 1) A legally binding promise, enforceable by law. 2) An agreement between parties,
with binding legal and moral force, usually exchanging goods or services for money or other
consideration. 3) An obligation, such as an accepted offer, between competent parties upon a
legal consideration, to do or abstain from doing some act. The essential elements of a contract
are an offer and an acceptance of that offer; the capacity of the parties to contract; consideration
to support the contract; a mutual identity of consent; legality of purpose; and definiteness.
“Contract Modification” Any written alteration in specifications, delivery point, frequency of
delivery, period of performance, price, quantity, or other provision of any contract, accomplished
by mutual agreement of parties to the contract.
“Depreciation” 1) An accounting term that denotes a loss or decrease in the acquired value over
a specified period of time. Usually applies to a loss of value of a fixed asset (capital equipment).
2) The systematic transfer of the cost of a capital expenditure (an asset on the balance sheet) to
expense (on the income statement). 3) To diminish in price or value. 4) The consumption of
capital in the production process. 5) The wearing out of plant and equipment over a specified
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time.
“Designee” A duly authorized representative.
“Design Specification” A type of specification that establishes the characteristics an item must
possess, including details indicating how it is to be manufactured. May include engineering plans
or drawings, and blueprints. It states to the contractor in prescriptive terms what the contractor
must provide to the buyer.
“Economic Order Quantity (EOQ)” An inventory calculation used to determine stock-level
reorder point. The calculation is based on costs of acquisition, storage, handling, and inventory
investment to determine the most cost-effective time and quantity to reorder.
“Emergency Purchase” A purchase made due to an unexpected and urgent request where health
and safety or the conservation of public resources is at risk. Usually formal competitive bidding
procedures are waived.
“F.O.B. Destination” Title changes hands from the supplier to the public entity at the
destination of the shipment when the public entity signs for the goods; the supplier owns the
goods in transit, assumes responsibility for carrier selection, and files any claims for damages
incurred during this period. It does not address the responsibility for the cost of transportation
(freight charges), which must be specified with the inclusion of additional language.
“Functional Specification” A specification setting forth the results required from the supply or
service.
“Indemnify” 1: To protect against hurt or loss, to exempt from incurred penalties or liabilities.
2: To compensate or pay for damage.
“Informal Bid/Proposal” A competitive bid, price quotation, or proposal for supplies or
services that is conveyed by a letter, fax, e-mail, or other manner that does not require a formal
sealed bid or proposal, public opening, or other formalities. Generally relegated to requirements
that may be considered low value or fall under a stipulated price/cost threshold.
“Invitation to Bid” A formal request to prospective vendors soliciting price quotations or bids;
contains, or incorporates by reference, the specifications or scope of work and all contractual
terms and conditions.
“May” Denotes the permissive in a contract clause or specification.
“Non-responsible” A contractor, business entity, or individual that responds to a solicitation that
does not have the ability or capability to fully perform the requirements of the solicitation. A
business entity or individual who does not possess the integrity and reliability to assure
contractual performance.
“Non-responsive” A bid that does not conform to the mandatory or essential requirements
contained in the invitation to bid.
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“Open Market Purchase” A purchase, usually of a limited monetary amount, from any
available source.
“Performance Bond” An instrument executed, subsequent to award, by a successful bidder that
protects the public entity from loss due to the bidder’s inability to complete the contract as
agreed. A risk mechanism that secures the fulfillment of all contract requirements. May be
referred to as a completion bond.
“Performance Specification” A type of specification that describes the desired outcome or
intended use of a commodity and how the commodity will perform (e.g., number of items,
distance to travel, time required).
“Pre-Bid/Pre-Proposal Conference (Meeting)” A meeting held by the buyer with potential
bidders/proposers prior to the opening of the solicitation for the purpose of answering questions,
clarifying any ambiguities, and responding to general issues to establish a common basis for
understanding all of the requirements of the solicitation. May result in the issuance of an
addendum to all potential providers. In certain situations, a mandatory conference may be
advisable.
“Prequalification (of Bidder/Proposer)” The screening of potential suppliers/contractors in
which such factors as financial capability, reputation, and management are considered to develop
a list of qualified businesses who may then be allowed to submit bids/proposals.
“Procurement” Purchasing, renting, leasing, or otherwise acquiring any supplies, services, or
construction; includes all functions that pertain to the acquisition, including description of
requirements, selection and solicitation of sources, preparation and award of contract, and all
phases of contract administration. The combined functions of purchasing, inventory control,
traffic and transportation, receiving, inspection, storekeeping, and salvage and disposal
operations.
“Professional Services” Services rendered by members of a recognized profession or possessing
a special skill. Such services are generally acquired to obtain information, advice, training, or
direct assistance (i.e. architectural & engineering services).
“Public Works and Utilities Contract” means any contract for the construction, reconstruction,
alteration or repair of any public building, road, street, highway, utility system or other public
improvement, the cost of which will be paid with public funds.
“Reasonable Cost” A cost that by its nature or amount does not exceed what would normally be
incurred by an ordinarily prudent person in the conduct of competitive business. Often used in
the context of “fair and reasonable” cost/price.
“Request for Proposal (RFP)” The document used to solicit proposals from potential providers
(proposers) for goods and services. Price is usually not a primary evaluation factor. Provides for
the negotiation of all terms, including price, prior to contract award. May include a provision for
the negotiation of best and final offers. May be a single-step or multi-step process.
“Request for Quotation (RFQ)” The document used to solicit proposals from potential
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providers (proposers) for goods and services. Price is usually not a primary evaluation factor.
Provides for the negotiation of all terms, including price, prior to contract award. May include a
provision for the negotiation of best and final offers. May be a single-step or multi-step process.
“Responsible Bidder/Proposer” A business entity or individual who has the integrity and
reliability as well as the financial and technical capacity to perform the requirements of the
solicitation and subsequent contract.
“Responsive Bid/Proposal” A bid or proposal that fully conforms in all material respects to the
Invitation to Bid (ITB)/Request for Proposals (RFP) and all of its requirements, including all
form and substance.
“Restrictive Specification” Specifications that unnecessarily exclude a potential bidder or
proposer from competing for a procurement. Precludes full and open competition. Specifications
that are written around a specific product or service.
“Shall” Denotes an imperative in contract clauses or specifications.
“Small Purchase” Any procurement not exceeding a given upper monetary limit, as established
by law or regulation, executive order, etc. Usually applies to purchases of small dollar amounts
under a certain monetary threshold.
“Single Source Procurement” A contract for the purchase of goods and services entered after
soliciting and negotiating only with one source, usually because of the technology required or
uniqueness of the service provided.
“Sole Source Procurement” A non-competitive method of procurement used when only one
supplier possesses the unique ability or capability to meet the particular requirements of the
entity or because only one supplier is practicably available. The entity may require a written
justification from the end user explaining why only this supplier can fulfill the requirement.
“Specification” A precise description of the physical characteristics, quality, or desired
outcomes of a commodity to be procured, which a supplier must be able to produce or deliver to
be considered for award of a contract. See Brand Name Specification, Brand Name or Equal
Specification, Combination Specification, Design Specification, Performance Specification,
Restrictive Specification, Standard Specification.
“Standard Specification” A specification that is to be used for all or most purchases of an item;
describes all required physical and functional characteristics of a good, service or construction.
“Statement of Work” A written description in the contract detailing performance expectations
and deliverables between the contracting parties. After a supplier has been selected, the
statement of work becomes the basis for the contract and must provide sufficient information to
meet the entity’s needs and achieve successful outcomes, describe and define the expectations of
the parties, set price and payment schedules, and mitigate or avoid disputes.
“Term Contract” A type of contract in which a source of supply is established for a specified
period for specified services or supplies; Usually characterized by an estimated or definite
38
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minimum quantity, with the possibility of additional requirements beyond the minimum, all at a
predetermined unit price.
Source of Definitions: Dictionary of Purchasing Terms published by the National Institute of
Governmental Purchasing.
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APPENDIX F
CITY OF DOVER QUOTATION WORKSHEET
(To be used for purchases between $5,000.00 and $24,999.99)
Department: ___________________________ Division: _________________________
Department Contact (Name & number): _______________________________________
Item/Service: ____________________________________________________________
Estimated Dollar Value: ___________________________________________________
Account Code: _________________________________ Project Code: ______________
Vendors (At least three vendors must be used. Include at least one minority or women owned
vendor, if available. Use of more than one minority or women owned vendor is encouraged):
1. Go to https://business.delaware.gov/osd/ .
2. Click on “Directory of Certified Businesses” button.
3. Search by keyword i.e. Electrician, Construction, Furniture
List keyword(s) used: _________________________________________________
4. Each company displayed will have its assigned NAICS code listed.
List NAICS Code(s) used: _____________________________________________
5. Refine search by NAICS Code if necessary.
6. Were Vendors Found: YES NO If so, how many: ____________________
7. If no vendors were found, please explain: _________________________________
___________________________________________________________________
Vendor 1: _______________________________________________________Minority
•
Vendor 2: _______________________________________________________Minority
•
Vendor 3: _______________________________________________________Minority
If more than three vendors are used, list them on the reverse of this form.
•
Date sent out for quotes: __________________________
Date due back: _________________________
Date of award: _____________________
Vendor receiving the award: ________________________________________________
Was the 3% minority vendor preference applied in the evaluation? YES NO
Was this a minority vendor? YES NO
Total dollar amount of purchase or estimated total contract value: $_________________
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Purchase Order produced: YES NO PO Number: ________________________
Additional vendors used for this purchase
Vendor 4: _______________________________________________________Minority •
Vendor 5: _______________________________________________________Minority •
Vendor 6: _______________________________________________________Minority
•
Vendor 7: _______________________________________________________Minority
•
Vendor 8: _______________________________________________________Minority •
Vendor 9: _______________________________________________________Minority
•
Vendor 10: ______________________________________________________Minority •
Attach completed form to requisition in Tyler/Munis.
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COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole was held by video conference on September 29, 2020 at 6:01 p.m.,
with Council President Hare presiding. Members of Council present were Mr. Anderson, Mr. Sudler,
Mr. Neil, Mr. Slavin (departed at 8:00 p.m.), Mr. Cole, Mr. Rocha, Mr. Taylor, and Mr. Lindell. Mayor
Christiansen was also present. Civilian members present for their Committee meetings were Mr. Shelton
and Mr. Wagner (arrived at 6:04 p.m.) (Safety Advisory and Transportation), and Mr. Contant (Legislative,
Finance, and Administration). Mr. Shevock (Legislative, Finance, and Administration) was absent.
SAFETY ADVISORY AND TRANSPORTATION COMMITTEE
The Safety Advisory and Transportation Committee met with Chairman Taylor presiding.
Adoption of Agenda
Mr. Neil moved for approval of the agenda, seconded by Mr. Sudler and unanimously carried.
COVID-19 Safety Update (Mr. Robert E. Clark II, President - Wesley College)
Mr. Robert E. Clark II, President, Wesley College, provided an update regarding COVID-19 Safety at
Wesley College.
Mr. Sudler suggested that Mr. Clark contact Reverend Rita Mishoe Paige and Lieutenant Governor Bethany
Hall-Long. He noted that they could assist Mr. Clark with making his requests come to light regarding
becoming a testing site.
Social Professional/Law Enforcement Collaborative
Ms. Amy Kevis, Partners in Public Safety Solutions; Mr. James Deel, Mental Health Clinician; and
Chief Torrie James, Smyrna Police Department provided information regarding the Social Professional/Law
Enforcement Collaborative.
Ms. Kevis stated that success can be measured in a lot of different ways. Ms. Kevis stated that if somebody
needs to be arrested, they need to be arrested, but if somebody needs behavioral health help, arrest is not the
best place for them because then they become a pariah and the cause of repeat calls. She stated that, as an
administrator, giving the opportunity to do an assessment in the field and to get that person the services that
they need, whether they want to do it in conjunction with arrest or in lieu of arrest, is entirely up to the
agencies. She advised that there is pre-arrest diversion and post-arrest diversion.
Responding to Mr. Taylor's questions, Mr. Deel provided the following information:
• He saw, both in Kent and Sussex counties, an increase in mental health concerns, some that
involved domestic incidents due in part by COVID-19, and an increase in overdoses and a larger
acute increase in substance abuse, combined with mental health issues, in Smyrna and Georgetown.
• Regarding who makes the call to transition from a criminal justice complaint to a mental health
situation, normally if Mr. Deel was in the vehicle and they responded to an incident, the police
officer would make sure the scene was secure and if they felt there was any potential for any kind
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 29, 2020 PAGE 2
of mental health or substance concerns, they would bring Mr. Deel into the situation and he would
take the lead on it.
• Regarding transportation to the mental health facility or hospital, if Mr. Deel does not have any
health concerns, he can bypass an emergency room (ER) visit and work with a local provider to get
that person directly into treatment.
• Mr. Deel has to work with certain facilities to be able to do an assessment, but to avoid the ER, he
has to do a direct admission into a treatment facility.
• Once Mr. Deel completed the documentation and assessed the individual, if the person needed to
go somewhere, then law enforcement would transfer them wherever Mr. Deel coordinated for them
to go.
• Mr. Deel cannot assess juveniles; however, he could work directly with parents and provide support
to those family members, such as connections with providers in the community or other mental
health services to help them bridge that gap.
• Individuals who work with Delaware Guidance or their clinicians could complete an assessment
and commit juveniles. They require using Child Priority Response to be able to take care of
juveniles.
Responding to Mr. Taylor, Chief James stated if he had to do it all over again, he would. He advised that
Mr. Deel was able to go from point A to point B and skip that middle portion and it has saved them a lot of
time and energy. Chief James noted that they also have Mr. Deel as a resource. He stated that Mr. Deel is
in the car with the officers and is the person that gives them the opportunity to immediately get the health
attention that they need. Chief James advised that health and wellness was huge and that his guys and girls
have become comfortable enough with Mr. Deel that he has become a resource for them to talk about their
problems, whether it be work related or home related.
Chief Thomas Johnson, Dover Police Department, stated that employee wellness was sometime overlooked.
He advised that they hover annually with 150 plus officers lost in the line of duty to violence, but they were
now losing 225 plus a year to self-harm.
Chief Johnson and Lieutenant Jordan Miller reviewed information regarding the Dover Police Department
and the Social Professional/Law Enforcement Collaborative. Chief Johnson noted that they were trying to
take a "holistic approach" to this issue with prevention, response, and follow through, and address multiple
subsets of populations at risk. He stated that they were hoping that by the end of the year they would be able
come up with a cadre of resources that would allow them to deploy in multiple dimensions. He noted that
would have a component of somebody being in a car with a police officer, more than likely, their community
policing resources, and they were going to go across most of the waking hours.
Chief Johnson thanked Ms. Kevis for helping them dissect their agency’s disconnect with the mobile crisis
resource. He noted that they had been trying to pull all of the puzzle pieces together so that a Dover police
officer would have a playbook with all of the options available to them. Chief Johnson advised that they
were also trying to tie in the funding component, noting that the Delaware State Police rolled out a model
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 29, 2020 PAGE 3
that they were installing for the areas that surrounded Dover. He expressed his concerns regarding
jurisdictional lines.
Lt. Jordan Miller, Dover Police Department, stated that Ms. Kevis helped them identify one of the biggest
issues they had, which was their mental health response. He noted that they were not utilizing mobile crisis
appropriately or at all. Lt. Miller stated that they did not have a relationship so they set forth and had a
meeting with them and talked to the officers about how they were going to implement the use of mobile
crisis. He stated that he contacted Ms. Valerie Tipple regarding funding and they learned that there were
a couple of different programs throughout the state. Lt. Miller advised that there were no guidelines on how
that money would be dispersed or how they would operate their program.
Mr. Taylor asked how the rank and file was receiving this news. Responding, Lt. Miller stated that he spoke
with patrol quiet often and they were excited.
Responding to Mr. Rocha, Chief James stated that he did not know if officers picked up on Mr. Deel's
approaches, but that they understood that they needed to ask the question, "why." He noted that his officers
have embraced Mr. Deel and that he does see a change in how they deal with the public. Mr. Deel noted that
he noticed a change in the individuals and a direct influence and change in the way that the officers handled
behavioral health concerns. He stated that they were much more patient when it came to trying to relate to
that individual and ensuring that the individual got connected from a behavioral health perspective or
through a referral and treatment for substance abuse.
Responding to Mr. Rocha, Chief Johnson stated that they identified early on that it might take a cadre of
individuals to try and keep the continuity of support available most of the waking hours to cover the City.
Lt. Miller advised that he did not have an exact number, but that they would like to find something that they
could sustain and that was going to be successful. He noted that on that interface, if they were to use an
agency that was currently being utilized by the State Police that they neighbored and interacted with
routinely, that would provide an added asset.
Ms. Kevis stated that with all three of the programs that she had been overseeing, the agencies did an
assessment of the times of day that they had the most calls and then they deployed the officers during that
time. She advised that it would be best to start with a small pilot. Ms. Kevis noted that they did not start with
all three shifts being covered, but had Mr. Deel doing a small number of hours to go out and build that
relationship. She noted that the three programs started with memorandums of understanding (MOU) and that
Ms. Michelle Robinson was placed at Georgetown Police with the $30,000 grant and Mr. Deel was currently
working on an $11,000 grant. Ms. Kevis stated that they do not need to have $150,000 and three clinicians.
She advised that they needed to find a clinician that was going to interface with law enforcement well and
to start small and make sure that the officers are amenable to having that person in the car, because if they
forced it on them, it would not be successful.
Mr. Sudler stated that they needed to look beyond just pre-arrest diversion and look to providing some onsite
counseling for police officers to deal with some of the stressors that occur. Chief Johnson stated that they
identified the issue of Mr. Sudler's concerns and were in discussions to try and bring in a licensed
psychologist.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 29, 2020 PAGE 4
Responding to Mr. Anderson regarding types of metrics used to track if the program is working, Chief James
stated that it is hard to define whether or not it is working. He advised that he had seen a decrease in the
amount of hours that his officers were spending out of town for mental health transports. Chief James noted
that he did not see repeat offenders as much because they have Mr. Deel. He stated that if they were asking
for tangible numbers, they are trying to track some numbers to show a decrease, but they were not seeing
the same people over and over again. Ms. Kevis stated that successes are measured differently. She stated
that they would have to figure out what their metrics are going to be and how they want to measure the
success of the program. Mr. Deel noted that when he comes in contact with an individual who has behavioral
health concerns, he is trying to get that person engaged in treatment. He noted that he cannot resolve their
issues, but if he can make that connection to get them into treatment and develop that relationship or
connection with their family members who are going to make sure that every option is available to them to
stay engaged, then he is successful.
Regarding metrics, Chief Johnson stated that they were in the process of developing research codes for
internal databases for Lt. Miller's resources in uniform patrol to use during a response. He noted that no
matter what specifics they end up with, there was going to be a big connection in their community policing
unit, which would be charged with following up when they scanned the databases to see who they have had
contact with and why. Chief Johnson stated that perhaps they go out with a Deel-like person and do a
required check-in and subjective documentation. He noted that while that was not hard data from an
analytics standpoint, it was a different perspective on how they were having an impact either on the
individual or the individual's support system.
Responding to Mr. Taylor, Chief James stated that the liability piece would technically fall underneath the
MOU that they have with Ms. Kevis' organization and nonprofit. He noted that it was not much different
than the ride-along program. Ms. Kevis advised that her nonprofit has liability insurance and Mr. Deel has
liability insurance. She noted that she has a psychologist that is on staff and provides oversight.
Update on Body Cameras
Chief Thomas Johnson and Lieutenant Jordan Miller, Dover Police Department, provided an update
regarding body cameras.
Mayor Christiansen stated that in the interest of the taxpayers, they would certainly hope that the State would
decide to grab the bull by the horns and, with 48 police agencies across the State of Delaware, pick up the
tab on this. He stated that in order to reinforce their commitment to the citizens, he would ask Staff to begin
looking at worst-case scenarios and a method or mechanism to fund this program, if they had to go by
themselves.
Mr. Taylor stated that if they had to fund the program, he would like for them to consider an option of
leasing the technology. He noted that leasing would give them the option to continually have the most
updated equipment available.
Mr. Sudler stated he was under the impression that the last time they spoke regarding body cameras, that
they made a motion for the Mayor and the Police Chief to work with administrative staff to provide some
figures so that if the State was unable to help them fund the program, they would already have everything
aligned and ready to go. Mr. Sudler requested clarity regarding the motion. (City Clerk’s Office Note: During
the Regular Council Meeting of August 24, 2020 members of Council approved the Committee’s July 28,
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 29, 2020 PAGE 5
2020 recommendation that Mayor Christiansen, in conjunction with Chief Johnson, negotiate the best deal
immediately in 2020 with vendors to be reviewed by City Council regarding the body cameras.)
Mayor Christiansen stated that he believed they were supposed to continue to look at all of their options. He
noted that he thought all of the members of Council were copied on letters that they sent and that he
requested both financial support and support for any available state or federal effort. Mayor Christiansen
advised that they continue to look for prices and package deals that will fit the needs of the City of Dover.
He noted that they also requested support and funding from their local, state, and federal legislators.
Prioritization of City of Dover State Capital Transportation Program (CTP) Projects
Mr. Taylor provided background information regarding the prioritization of City of Dover State Capital
Transportation Program (CTP) Projects.
Staff recommended confirming the continuation of the 2019 Prioritization of City of Dover State Capital
Transportation Program (CTP) Projects.
Mr. Taylor stated that he believed that item 3 - College road corridor (Kenton Road to McKee Road) on the
2019 Prioritization of City of Dover State Capital Transportation Program (CTP) Projects list was dangerous
with no sidewalks. He noted that it was not well lit and requested that item 3 be moved up on the list.
Mr. Hare stated that the potential improvements listed were sidewalks, shoulders, lighting, and bicycle lanes.
Responding to Mr. Taylor, Mrs. Mitchell advised that the timeline on all of the items was dependent upon
the state because they were state projects. She stated they would have to look at their project development.
Mrs. Mitchell recommended having the state come in semi-annually and provide an update on the list of
their projects.
Mr. Lindell moved to recommend confirming the continuation of the 2019 Prioritization of City of Dover
State Capital Transportation Program (CTP) Projects, as recommended by Staff. The motion was seconded
by Mr. Anderson.
Mr. Anderson stated that the top three projects were viable and that he would love it if they had the state and
the Metropolitan Planning Organizations (MPO) update them. He noted that the first three items on the list
were related and interacted together. Mr. Anderson stated that they needed to remain as the top three.
Mr. Sudler concurred with Mr. Lindell and Mr. Anderson.
Mr. Lindell moved to recommend confirming the continuation of the 2019 Prioritization of City of
Dover State Capital Transportation Program (CTP) Projects, as recommended by Staff. The motion
was seconded by Mr. Anderson and unanimously carried.
Proposed Ordinance #2020-12 Amending Chapter 106 - Traffic and Vehicles, Article III-Stopping,
Standing, and Parking, Division 2 - Metered Parking, Division 3 - Removal and Disposition of Illegally
Parked or Abandoned Vehicles, Sec. 106-181 - Definitions, and Division 4 - Downtown Parking
Mr. Matthew Harline, Assistant City Manager, and Mr. Neil provided an overview regarding proposed
Ordinance #2020-12 Amending Chapter 106 - Traffic and Vehicles, Article III - Stopping, Standing, and
Parking, Division 2 - Metered Parking, Division 3 - Removal and Disposition of Illegally Parked or
Abandoned Vehicles, Sec. 106-181 - Definitions, and Division 4 - Downtown Parking.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 29, 2020 PAGE 6
Staff recommended adoption of ordinance #2020-12.
Mr. Neil moved to recommend approval of staff's recommendation. The motion was seconded by
Mr. Anderson.
Mr. Neil moved to recommend approval of Staff's recommendation, seconded by Mr. Anderson and
unanimously carried.
Mr. Neil moved for adjournment of the Safety Advisory and Transportation Committee meeting,
seconded by Mr. Rocha and unanimously carried.
Meeting adjourned at 7:52 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Lindell presiding.
Adoption of Agenda
Mr. Neil moved for adoption of the agenda, seconded by Mr. Taylor and unanimously carried.
Proposed Resolution No. 2020-12 Application for Drinking Water Matching Planning Grant
Mr. Jason Lyon, Director of Water/Wastewater, reviewed the background and analysis regarding proposed
Resolution No. 2020-12 (Attachment #1) and the application for Drinking Water Matching Planning Grant.
Mr. Lyon advised that the state was aware that the resolution would take time.
Staff recommended adoption of the resolution as submitted so Staff may complete application for a Water
Matching Planning Grant.
Mr. Neil moved to recommend approval of Staff's recommendation, seconded by Mr. Hare and
unanimously carried.
Annual Review of Investment Policy
Ms. Lori Peddicord, Controller/Treasurer reviewed the background and analysis regarding the annual review
of the investment policy.
Staff recommended no changes to the investment policy.
Mr. Neil moved to recommend approval of Staff's recommendation, seconded by Mr. Rocha and
unanimously carried.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 29, 2020 PAGE 7
Proposed Ordinance #2020-05 Amending Chapter 22 - Buildings and Building Regulations, Article
IX - Lodginghouses and Article X - Rental Dwellings
Mr. Dave Hugg, Director of Planning and Community Enhancement, reviewed the background information
regarding proposed ordinance #2020-05 Amending Chapter 22 - Buildings and Building Regulations, Article
IX - Lodginghouses and Article X - Rental Dwellings.
Mr. Sudler stated that he was ready to support proposed ordinance #2020-05. Mr. Neil noted that they
wanted to eliminate the pirates who would take multiple used properties for this purpose and that the
proposed ordinance did exactly that. He stated that it should not have to burden the police or anyone else,
unless there is a specific problem that someone makes a complaint.
Responding to Mr. Contant, Mr. Hugg advised that there was no limit to how many times the dwelling could
be rented or leased, it was just that it could not be for more than 30 days, because then it would become an
actual rental. Mr. Hugg stated that they would only pay one annual fee. Mr. Hare noted that if police got
called to the property then they could be given a summons by the City and if they got so many then the rental
permit could be revoked for violations that the renters created.
Mr. Anderson expressed his concerns regarding the under 12 provision. Mr. Hare stated he did not
understand that either. Mr. Hugg stated that the way it was written was that the number of guests, 12 and
older, is limited by the number of bedrooms. He advised that a four-bedroom house would have potentially
eight people, 12 and older, but they could have four other people of any age, or any combination that does
not exceed a maximum of 12 occupants. Mr. Hugg stated that he would be willing to work on that notion
a little bit more, the maximum could be a higher number, or take the notion of a maximum out. He advised
that one of the premises of the ordinance was to try and discourage the use of those facilities for party
houses.
Responding to Mr. Hare, Mr. Hugg stated that if it is a four-bedroom house, there could only be 12 people.
Responding to Mr. Anderson, Mr. Hugg stated it was the number, not age. Mr. Hare clarified that if it is a
three or four-bedroom house, it cannot be more than 12 people.
Mr. Neil recommended adding "individuals," after 12. Mr. Hugg noted they could do that and that there were
a couple of editorial things that do not affect the provisions of it.
Mr. Hare moved to recommend adoption of Ordinance #2020-05, seconded by Mr. Neil.
Mayor Christiansen asked Committee members to consider conditional use by the Planning Commission
that would be approved by Council for these properties. Mayor Christiansen expressed the following
concerns:
• The businesses were going into residential neighborhoods and they would undermine those
communities.
• The issues they were already having with rental properties, a lot of those properties would be rented
on the weekend and they would have trouble enforcing the rules and regulations.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 29, 2020 PAGE 8
• Under Section 22-353: Purpose; applicability; definitions; compliance, (c) Definitions, that the
rental time periods should be no more than 10 consecutive days.
• Since the properties would be in competition with hotels, motels, and bed and breakfasts, they
should be subject to the lodging tax.
• The neighbors who live adjacent to those properties should be notified and have a local contact that
must be current and on site so that the property owner could be contacted as well as the City and
police department.
• When the license came up for revalidation each year on the 31st of January, that the current contact
numbers and contact parties be current and up-to-date.
Mr. Hare stated that a lot of those concerns were already addressed. He noted that when he spoke with
Mr. Hugg, hotel owners, and Airbnb owners in the City, they were okay with the regulations. Mr. Hare noted
that the person had to be a resident of the City of Dover and of that property. He noted that if the person did
not want to live there, he would do a short-term rental and apply to get a bed and breakfast permit and a
conditional use permit. Mr. Hare stated that for the for 30-day rental, it would require a lease and submission
of the lease to the City, because the utilities were going to be changed into the lease holder's name. He
advised that any time the lease changes, they have to come back in and get the utilities changed and present
the new lease. Mr. Hare noted that he mentioned to Mr. Hugg that every time the lease changes, it should
have another inspection.
Mr. Sudler stated that he would support Staff's recommendation of moving forward, but he also
recommended that Mayor Christiansen's comment and recommendations be included in any additional
addendum or initiative that they were going to move forward.
Mr. Anderson stated that he agreed that the contact recommendations are specified so that the contact
numbers are updated every year as a part of the licensing procedures, but he did not agree with Mayor
Christiansen completely. He noted that the point of the regulations were not that they need to make a
massive change, but a mechanism to intervene. Mr. Hare stated that the ordinance did not really change a
whole lot, but he did not disagree about having a point of contact. He stated that the point of contact would
be there because if it is less than 30 days and someone is renting a spare room, the point of contact would
be onsite. Mr. Hare noted that if he leased the property and had a signed leased, then the person who signed
the lease was going to be the point of contact, plus the property owner. Mr. Hare advised that if the person
wanted to turn the house into a bed and breakfast then they would have to get a conditional use permit.
Mayor Christiansen asked if anyone had a rough idea of how many of the Airbnb's actual owners lived on
the premises. He stated that he found it hard to believe that the owner was going to be sleeping downstairs
on the couch while everybody was occupying the beds in the Airbnb. Mayor Christiansen stated that most
of the Airbnbs he was aware of handed them the key and the owner would go elsewhere, even though they
may own the property. He asked if anyone knew what the average length of stay was at a bed and breakfast,
noting that when he has gone away with his wife, the average time they stayed at a bed and breakfast was
three days, and yet they have to conform and go through all of those hoops.
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COUNCIL COMMITTEE OF THE WHOLE MEETING OF SEPTEMBER 29, 2020 PAGE 9
Mr. Hare stated that of all the bed and breakfasts listed as Dover are not in the City limits of Dover. He
advised that he and Mr. Hugg met with seven or eight people that actually lived in the City that owned a bed
and breakfast.
Mr. Hare moved to recommend adoption of Ordinance #2020-05. The motion was seconded by
Mr. Neil and unanimously carried.
Mr. Neil moved for adjournment of the Legislative, Finance, and Administration Committee meeting,
seconded by Mr. Hare and unanimously carried.
Meeting adjourned at 8:39 p.m.
Mr. Sudler moved for adjournment of the Council Committee of the Whole meeting. The motion was
seconded by Mr. Taylor and unanimously carried.
Meeting adjourned at 8:39 p.m.
William F. Hare
Council President
WFH/TM/jt
S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\2020\09-29-2020 CCW Minutes.wpd
Attachments
Attachment #1 - Proposed Resolution No. 2020-12
Page 109
ATTACHMENT #1
Council Committee of the Whole meeting of 09/29/2020
City of Dover
MAYOR AND COUNCIL
1
2 PROPOSED COUNCIL RESOLUTION NO. 2020-12
3
4 A RESOLUTION PROPOSING APPLICATION FOR DRINKING WATER MATCHING
5 PLANNING GRANT
6
7 WHEREAS, the Mayor and Council of the City of Dover, Delaware, herein called the “Applicant”, has,
8 after adequate consideration, of the various aspects of available data as it relates to the water
9 infrastructure, determined that improvements to the City of Dover water infrastructure may be
10 necessary; and
11
12 WHEREAS, the Applicant has determined that the expeditious completion of an update to the City of
13 Dover’s 2006 Water System Master Plan is desirable and in the public interest, and to that end it is
14 necessary that actions be taken immediately; and
15
16 WHEREAS, the State of Delaware has authorized the making of grants to aid in financing a Water
17 System Master Plan and related services in connection therewith; and
18
19 WHEREAS, the Applicant has examined and duly considered the Guidelines for said grants and the
20 Applicant deems it to be in the public interest and to the public benefit to file an application for a grant
21 under these Guidelines, and to authorize other action in connection therewith.
22
23 NOW, THEREFORE, BE IT RESOLVED BY the Mayor and Council of the City of Dover, Delaware,
24 the governing body of said Applicant, as follows:
25
26 1. That the said Project is essential to and is in the best interest of the Applicant and to the end that
27 the said Project may be carried out as promptly as practical, it is desirable that action hereto be
28 undertaken immediately.
29
30 2. That Donna S. Mitchell, City Manager, or her designated representative, be hereby authorized to
31 file on behalf of the Applicant, an application (in the format required by the State of Delaware
32 and in conformity with the request hereto) for a matching grant to be made from the State of
33 Delaware Drinking Water State Revolving Fund (DWSRF) Non-Federal Administrative Account
34 to the Applicant to aid in defraying the cost of the Project described above.
35
36 3. That if such a grant is made, the Applicant agrees to pay all the remaining cost of the approved
37 Project, over and above the amount of the State grant.
38
39 4. That the said Donna S. Mitchell, City Manager, or her designated representative, is hereby
40 authorized to accept any State grant that may be offered, to furnish such information and to take
41 other action as may be necessary to enable the Applicant to qualify for the grant; and
P.O. Box 475 ❖ Dover, Delaware ❖19903
Community Excellence Through Quality Service
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Proposed Council Resolution No. 2020-12 Page 2
42
43 5. That the said Donna S. Mitchell, City Manager, or her representative designated as the
44 Authorized Representative of the Applicant for the purpose of furnishing to the State of
45 Delaware such information, data, and documents pertaining to the application for the grant as
46 may be required; and otherwise to act as the authorized representative of the Applicant in
47 connection to the application and in connection with any requirements of the State grant which
48 may be made.
49
50 6. That certified copies of this Resolution be included as part of the Application to be submitted to
51 the State of Delaware.
52
53 ADOPTED: *
54 S:\RESOLUTIONS-PROCLAMATIONS-TRIBUTES\2020\DRAFT\RESOLUTION NO 2020-12 - DRINKING WATER MATCHING PLANNING GRANT\RESOLUTION 2020-12 APPLICATION FOR
55 DRINKING WATER MATCHING PLANNING GRANT DRAFT.DOC
56
57
58
59
ROBIN R. CHRISTIANSEN WILLIAM F. HARE
MAYOR COUNCIL PRESIDENT
Actions History
10/12/2020 – Scheduled for Introduction - City Council
09/29/2020 – Introduction - Legislative, Finance, and Administration Committee
Page 111
Monthly Report
August 2020
Office of City Assessor
Page 112
ASSESSOR’S REPORT
Number of Deeds Stamped for Aug. 2019/2020 Realty Property
the Month of Aug. 2019/2020 Sales in Dollars Received Prior to
32
Recording
35 28 29 26
30
25 18 20 $5 $5 $6
$8
20 $3
Millions
15 $6
10 $4 • 2020
5 0 0 0 1 • 2020 $0 $0 $0
$2 • 2019
0 $0
• 2019
Transfer Tax Dollar Amount for First Time Buyer for the Month
the Month of Aug. 2019/2020 of Aug. 2019/2020
$100 $80
$71 40
Thousands
$49 32
28 29
$50 $26 30
$0 $0 $0 $0 18 • Res. Non-First
- -==-----,-==-"'"7 • 2020
1--- 20 Time Buyers
$0
• 2019 • Res. First Time
10 Buyers
0
2020 2019
Major Updates
June - 20 July - 20 Aug - 20
$297,271,900
Assessment Change $0 (Increase due to $6,137,600
Revaluation)
Residential Sales Ratio Report
Sales in Study Total Assessed Total Sale Price Ratio PRD
Value
46 $8,095,700 $9,527,800 0.85 1.01
1
Page 113
ASSESSOR’S REPORT
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.
Points of Interest
Scanning & Filing
- All new deeds are being scanned and attached to the CAMA software for easy retrieval.
- All appeal documents and correspondence are being scanned and attached to the CAMA software for
easy retrieval.
- All old property record cards are being scanned and indexed into DocuWare.
2
Page 114
SEP 18, 2020 CITY OF DOVER PAGE: 1
08:41 AM SALES RATIO REPORT CA324
PARID NBHD LUC ADDRESS UNITS STYLE YRBLT STORIES SFLA GRADE CDU TOTAL APPR SALE DT PRICE ASR
ED05-057.17-02-05.00 18 R10 209 MILLCREEK DR 1 5 1994 2 1420 C+ GD 178,000 21-AUG-20 250,000 .71
ED05-057.17-02-08.00 18 R10 215 MILLCREEK DR 1 8 1994 2 1911 C+ AV 177,700 10-AUG-20 220,000 .81
ED05-057.17-02-25.00 18 R10 242 GRINDING WHEEL DR 1 8 1995 2 1381 C+ GD 165,900 09-AUG-20 195,000 .85
ED05-066.16-02-09.00 3 R10 38 LOST TREE CT 1 8 1987 2 2390 B- AV 214,900 20-AUG-20 255,000 .84
ED05-067.01-01-43.00 18 R10 318 TOPAZ CIR 1 5 2009 2 2292 B AV 250,900 03-AUG-20 295,000 .85
ED05-067.05-01-27.00 18 R10 11 GREGORY CT 1 5 1991 2 3116 A- AV 309,500 24-AUG-20 334,900 .92
ED05-067.05-02-13.00 18 R10 109 BRANDYWINE DR 1 5 1988 2 2762 A- AV 274,200 24-AUG-20 320,000 .86
ED05-067.13-01-80.00 3 R10 18 BALTUSROL CT 1 14 1973 1 1732 C+ EX 259,000 20-AUG-20 268,000 .97
ED05-067.13-02-20.00 3 R10 149 BALTUSROL RD 1 16 1973 1 2184 C+ AV 212,500 28-AUG-20 249,900 .85
ED05-067.14-02-45.00 2 R10 41 FOREST CREEK DR 1 13 1974 2 1273 C- AV 115,500 17-AUG-20 94,000 1.23
ED05-067.14-03-34.00 2 R10 126 OLD FORGE DR 1 13 1975 2 1291 C- AV 116,600 03-AUG-20 140,000 .83
ED05-067.15-02-53.00 2 R10 124 ALONZO DR 1 16 1991 1 1578 C AV 164,400 14-AUG-20 175,000 .94
ED05-067.20-01-45.00 10 R10 510 N WEST ST 1 14 1955 1 1228 C GD 145,400 16-AUG-20 153,000 .95
ED05-067.20-02-52.00 10 R10 521 N GOVERNORS AVE 1 1 1940 1 1856 C+ AV 181,900 20-AUG-20 245,000 .74
ED05-067.20-02-72.00 8 R10 500 N STATE ST 1 1 1910 2 2659 B AV 234,400 31-AUG-20 330,000 .71
ED05-068.09-02-41.00 13 R10 616 BUCKSON DR 1 14 1968 1 1527 C FR 122,800 20-AUG-20 125,000 .98
ED05-068.10-02-68.00 13 R10 973 BOGGS DR 1 16 1964 1 1386 C AV 138,100 10-AUG-20 164,000 .84
ED05-068.13-01-04.47 100 R50 93 CHATHAM CT 1 13 1987 2 2163 B- AV 134,700 14-AUG-20 140,000 .96
ED05-068.15-03-65.00 6 R10 1426 HOPKINS AVE 1 6 1996 1 1458 C AV 183,700 11-AUG-20 225,000 .82
ED05-068.19-05-41.00 14 R10 194 LEXINGTON PL 1 8 2007 1 1814 C+ GD 199,300 14-AUG-20 214,000 .93
ED05-076.03-04-23.00 11 R10 228 SAXONDALE LN 1 6 2007 2 2942 B+ AV 284,500 25-AUG-20 329,000 .86
ED05-076.05-01-27.00 14 R10 219 N CAROLINE PL 1 5 1993 2 1864 B- AV 202,400 14-AUG-20 250,000 .81
ED05-076.05-03-21.00 14 R10 174 STONEY DR 1 8 1988 2 1460 C+ GD 164,000 27-AUG-20 182,900 .90
ED05-076.05-07-20.00 3 R10 309 PEBBLE VALLEY PL 1 14 1997 1 1800 B+ AV 212,700 03-AUG-20 290,000 .73
ED05-076.06-02-01.00- 103 R50 2 BERWYN HALL 1 20 1973 1 1625 B GD 101,800 28-AUG-20 130,000 .78
Page 115
SEP 18, 2020 CITY OF DOVER PAGE: 2
08:41 AM SALES RATIO REPORT CA324
PARID NBHD LUC ADDRESS UNITS STYLE YRBLT STORIES SFLA GRADE CDU TOTAL APPR SALE DT PRICE ASR
211
ED05-076.06-02-01.00- 103 R50 3 BERWYN HALL 1 20 1973 1 848 B GD 59,400 03-AUG-20 78,000 .76
Page 116
SEP 18, 2020 CITY OF DOVER PAGE: 3
08:41 AM SALES RATIO REPORT CA324
PARID NBHD LUC ADDRESS UNITS STYLE YRBLT STORIES SFLA GRADE CDU TOTAL APPR SALE DT PRICE ASR
214
ED05-076.06-03-36.00 17 R10 224 GREEN BLADE DR 1 8 1984 2 1228 C+ AV 135,000 06-AUG-20 160,500 .84
ED05-076.06-03-65.00 17 R10 257 GREEN BLADE DR 1 8 1983 2 1240 C+ AV 130,400 28-AUG-20 165,000 .79
ED05-076.06-05-03.00 17 R10 189 CONTINENTAL DR 1 5 1984 2 2066 B- AV 197,400 14-AUG-20 230,000 .86
ED05-076.06-07-27.00 17 R10 416 GEORGE WASHINGTON DR 1 8 1989 2 1340 C AV 139,900 20-AUG-20 155,000 .90
ED05-076.06-08-74.00 17 R10 154 PERIWINKLE DR 1 13 1994 2 1112 C+ AV 123,300 27-AUG-20 135,000 .91
ED05-076.08-03-47.00 9 R10 126 N NEW ST 1 1 1925 2 1300 C- AV 97,500 27-AUG-20 200,000 .49
ED05-076.10-02-01.00 16 R10 101 MIFFLIN RD 1 16 1963 1 1766 C AV 176,900 19-AUG-20 220,000 .80
ED05-076.10-03-44.00 16 R10 1402 WOODMILL DR 1 8 1991 2 1453 C AV 141,200 27-AUG-20 168,000 .84
ED05-076.13-05-32.00 14 R10 249 NORTHDOWN DR 1 13 2001 2 1856 C+ AV 159,500 14-AUG-20 175,000 .91
ED05-076.14-02-01.00 16 R10 208 MIFFLIN RD 1 5 1978 2 2253 C+ AV 246,800 31-AUG-20 259,900 .95
ED05-076.20-02-60.00 12 R10 1136 WOODSEDGE RD 1 5 1961 2 2349 B AV 230,200 13-AUG-20 250,000 .92
ED05-076.20-03-39.00 12 R10 1129 WOODSEDGE RD 1 5 1961 2 2468 B AV 238,400 04-AUG-20 279,000 .85
ED05-077.06-02-29.00 7 R10 23 S EDGEHILL AVE 1 14 1955 1 1230 C AV 157,300 03-AUG-20 190,000 .83
ED05-077.07-06-83.00 6 R10 350 NOB HILL RD 1 14 2018 1 1352 B- AV 217,000 14-AUG-20 254,900 .85
ED05-077.11-02-22.00 6 R10 628 CRAWFORD AVE 1 14 1967 1 1130 C AV 148,900 05-AUG-20 174,900 .85
ED05-077.17-05-45.00 4 R10 160 ORCHARD AVE 1 14 1952 1 1112 C FR 120,500 20-AUG-20 165,000 .73
ED05-077.18-01-16.00 4 R10 240 PINE ST 1 14 1959 1 1120 C AV 162,900 31-AUG-20 178,000 .92
ED05-085.12-01-16.00 12 R10 313 ALDER RD 1 14 1965 1 1492 C GD 164,100 20-AUG-20 194,900 .84
ED05-085.12-01-45.00 12 R10 252 KESSELRING AVE 1 5 1964 2 1550 C+ AV 158,800 14-AUG-20 200,000 .79
ED05-085.12-02-86.00 12 R10 304 MOCKINGBIRD AVE 1 16 1964 1 1674 C AV 145,500 07-AUG-20 120,000 1.21
Page 117
CITY COUNJCIL
COM~UNJITY ENJHANJCEMENJT fUNJD
REPORT
AUGUST 2020
Page 118
CITY COUNCIL - FY 20/21 Page 1 of 3
CITY COUNCIL COMMUNITY ENHANCEMENT FUND
JULY 1, 2020 - OCTOBER 8, 2020
100-10-12-99-000-53037
Current Balance - $22,650.00
COMMUNITY ENHANCEMENT FUND - $2,500 FOR EACH COUNCIL MEMBER PER
DISTRICT AND $5,000 FOR THE AT-LARGE COUNCIL MEMBER. THE PURPOSE OF THE
BUDGETED AMOUNT $25,000.00
FUND IS TO ALLOW MEMBERS TO CONTRIBUTE FUNDS TO A SMALL PROJECT OR
COMMUNITY NEEDS IN EACH DISTRICT.
TOTAL $25,000.00
COUNCIL P.O. #/ TOTAL YEAR TO
DATE SPONSOR VENDOR DESCRIPTION INVOICE # CHARGES DATE BALANCE
07/01/20 Anderson P.R.I.D.E Councilman Anderson authorized the Email from $250.00 $250.00 $24,750.00
designation of $250.00 of his community David
enhancement funds to the House Of Pride for Anderson
installation of a handicap ramp dated
06/30/2020
and letter from
Marion Lott,
P.R.I.D.E,
dated
06/30/2020
07/01/20 Anderson Inner City Cultural Councilman Anderson authorized the Email from $1,000.00 $1,250.00 $23,750.00
League designation of $1000.00 of his community David
enhancement funds to the Inner City Cultural Anderson
League for their performance arts program dated
06/30/2020
and letter from
Katrina Stroud,
ICCL, dated
06/30/2020
08/12/20 Anderson Team Rubicon Councilman Anderson authorized the Email from $350.00 $1,600.00 $23,400.00
designation of $350.00 of his community David
enhancement funds to Team Rubicon for Anderson
Emergency Management Meal dated
08/12/2020
10/08/20
S:\BUDGETS\Coun-21 .qpw
Page 119
CITY COUNCIL - FY 20/21 Page 2 of 3
08/21/20 Anderson Demco Inc. Councilman Anderson authorized the Email from $150.00 $1,750.00 $23,250.00
designation of $150.00 of his community David
enhancement funds to Demco Inc. for back to Anderson
school supplies dated
08/19/2020
and letter from
Desiree
Wilson,
Demco, dated
08/17/2020
08/21/20 Cole Team Rubicon Councilman Cole authorized the designation of Email from $500.00 $2,250.00 $22,750.00
$500.00 of his community enhancement funds Scott Cole
to Team Rubicon for Emergency dated
Management Meal 08/21/2020
09/16/20 Neil Central Delaware Councilman Neil authorized the designation of Email from $100.00 $2,350.00 $22,650.00
Habitat for $100.00 of his community enhancement funds Fred Neil
Humanity to CDHFH dated
09/07/2020
and letter from
Dylan Grimes
CDHFH dated
09/16/2020
$2,350.00 $22,650.00
$2,350.00 $22,650.00
$2,350.00 $22,650.00
$2,350.00 $22,650.00
10/08/20
S:\BUDGETS\Coun-21 .qpw
Page 120
CITY COUNCIL - FY 20/21 Page 3 of 3
Budgeted District Council Sponsor YTD Expenditures Balance
Amount
$5,000.00 At-Large Slavin $0.00 $5,000.00
$2,500.00 1st District Lindell $0.00 $2,500.00
$2,500.00 1st District Vacant $0.00 $2,500.00
$2,500.00 2nd District Hare $0.00 $2,500.00
$2,500.00 2nd District Taylor $0.00 $2,500.00
$2,500.00 3rd District Cole $500.00 $2,000.00
$2,500.00 3rd District Neil $100.00 $2,400.00
$2,500.00 4th District Anderson $1,750.00 $750.00
$2,500.00 4th District Sudler $0.00 $2,500.00
TOTAL $2,350.00 $22,650.00
10/08/20
S:\BUDGETS\Coun-21 .qpw
Page 121
CITY MANAGER’S
MONTHLY REPORT
August 2020
Page 123
City of Dover
Customer Services Department
FY2021 FY2020
Major Procram Updates Auc2020 Auc2019 Difference
Year-to-Date Year-to- Date
Number of Customers Served 23,556 22,634 922 s 45,323 57,199
Final Bills 426 622 (196) s 1,016 1,253
Estimated Bills 264 226 38 s 464 432
Penalties Posted s - s 7,273 (7,273) s - s 12,988
Extensions of Credit - Amount Extended s 161,564 s 162,100 (536) s 465,967 s 265,701
Balance Transfers s 10,587 s 89,121 (78,534) s 25, 111 s 92,019
Utility Collections s 22,996 s 61,013 {38,017) s 27,079 s 85,676
Miscellaneous Billings s 95,410 s 24,079 71,330 s 258,833 s 356,669
Taxes Levied s 9,719,659 s 1,575,154 8,144,505 s 14,402,752 s 14,274,286
Billing Adjustments s 32,517 s (2,497) 35,014 s 15,934 s (12,901)
Total Taxes Collected s 1,156,467 s 604,406 552,062 s 5,822,977 s 13,293,133
Taxes Outstanding s 8,595,709 s 968,251 7,627,458 s 8,595,709 s 968,251
Write Off Request s 4,046 s 96,998 (92,952) s 5,305 s 96,998
Disconnect Summary Report
Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Fe b-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20
% of Cust Cut 98% 96% 95% 98% 92% 99% 95% 0% 0% 0% 88% 99% 86%
% ofTot al $ Cut 99% 97% 98% 98% 92% 92% 96% 0% 0% 0% 88% 91% 87%
Total Days Available to
Cut 19 19 16 18 16 18 9 0 0 0 7 16 8
Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb- 20 Mar-20 Apr-20 M ay-20 Jun-20 Jul-20 Aug- 20 Sep-20
Ave rage A ccount s Cut
Per Day 27 44 30 25 33 19 51 0 0 0 46 27 58
Sep-19 Oct-19 Nov-19 De c-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20 Sep-20
Average Accounts
Availa ble to Cut Per Day 27 46 32 26 36 19 53 0 0 0 52 27 68
Total on origina l list 5 21 870 513 467 572 343 479 0 0 0 230 437 543
Total $ on original list $ 295,556.90 $ 224,414.15 $234,213.30 $ 109,662.91 $ 149, 300.44 $ 79,927.37 $ 108,979.73 $ $ $ $ 181,593.62 $172, 766.92 $ 207,840.50
Total Actual Cust Cut 509 836 487 458 524 338 455 0 0 0 322 434 465
Total $ of Actual Cut $ 293,188.20 $ 216,836.31 $ 228,583.18 $ 107,396.40 $ 137, 715.89 $ 79, 230.85 $ 104,772.61 $ $ $ $160,298.22 $ 158,065.66 $ 180,230.90
Average Disconnects
Note- Due to COVID-19 accounts were not disconnected beginning
th
March 16 . This affects disconnects through July 16th.
...0., 0., 0., 0.,
c-~ ~o~:-. ~~c.;... \~~..... <,,,._,q,·~ -:i,<:l
I
Ii
~
~..... ~ 4.~
~
~~
~
I
1·-m•I"-
~ 0~~ ~;'\:~
I I
<;~
~ ~
0 ~ ~ ~tr-- "v ~ ~ 4>~
• Aver~ e Accounts Cut Per Day Aver ~e AccountsAva·'cbletoCut Per Day
Page 124
Work Orders Processed
2,000
Finals * Initials * Check Reads * Verify Off * Medicals * Misc.
1,500
1,000
500
0
Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20
• Series1 1,930 1,535 1,831 1,394 1,282 1493 1,327 1,235 1,204 1,167 1,493 1,645 1,458
Payment Agreements / Extensions
800
700
600
500
400
300
200
100
0
0) 0) 0) 0) 0) \) \) \) \) \) \) ~-.,(=) \)
(:J" 9-1;',,
c.,«;
01;',, ~';',, c;~ ~? «.«;~~ ~~9f~ ~? :\~ ~~
~
~ (:i~
~ o ~o (;)«) ',~ ~ ~~ ~ ~
May-
Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 Jun-20 Jul-20 Aug-20
• I
Series1 631 597
I 449 341
I 481
I 685
I
524 325
I149
20
I
177 310
I 615
I
500
I I I l
CUSTOMER UTILITY PAYMENT USAGE
80,000
60,000
40,000
20,000
0
Drive-Thru
Window
-Over--the
Counter
I
Mail, Drop Box Credit Cards
r--
Bank Drafts
• 2021 YTD 3,250 5,993 34,605 1,029 7,208
• 2020 YTD 4,100 8,587 43,639 578 4,019
Page 125
ELECTRIC DEPARTMENT
Electric Divisions
System Peak Total System Load Number of New
Month outages customers
Nov 18 57,164 Services
Nov 18 102.85
Dec 18 60,284 July 18 3 972 July 18 34
Dec 18 102.40
Jan 19 65,342 Aug 18 4 87 Aug 18 81
Jan 19 117.57 Sep 18 5 1,331 Sep 18 43
Feb 19 111.72 Feb 19 57,306 Oct 18 4 123 Oct 18 47
Mar 19 106.88 Mar 19 59,310 Nov 18 6 46 Nov 18 69
Apr 19 52,734 Dec 18 5 5 Dec 18 11
Apr 19 91.74
Jan 19 1 1 Jan 19 29
May 19 138.05 May 19 60,603
Feb 19 1 3 Feb 19 23
Jun 19 146.50 Jun 19 68,769 Mar 19 0 0 Mar 19 22
Jul 19 164.38 Jul 19 83,229 Apr 19 5 277 Apr 19 77
Aug 19 78,519 May 19 3 148 May 19 18
Aug 19 163.55
Jun 19 11 418 Jun 19 23
Sep 19 150.74 Sep 19 67,274
Jul 19 15 4,066 Jul 19 8
Oct 19 150.16 Oct 19 57,886 Aug 19 9 335 Aug 19 16
Nov 19 55,732 Sep 19 5 225 Sep 19 15
Nov 19 98.35
Oct 19 7 386 Oct 19 15
Dec 19 104.57 Dec 19 60,552
Nov 19 7 61 Nov 19 14
Jan 20 103.57 Jan 20 60,649 Dec 19 2 1,325 Dec 19 4
Feb 20 98.58 Feb 20 54,412 Jan 20 4 78 Jan 20 15
Mar 20 54,764 Feb 20 4 2,120 Feb 20 16
Mar 20 92.30
Mar 20 3 1,518 Mar 20 24
Apr 20 82.01 Apr 20 49,236
Apr 20 3 76 Apr 20 6
May 20 114.40 May 20 52,403 May 20 3 181 May 20 2
Jun 20 143.64 Jun 20 66,905 Jun 20 11 2,828 Jun 20 19
Jul 20 82,800 Jul 20 19 536 Jul 20 10
Jul 20 155.89
Aug 20 16 13,167 Aug 20 17
Aug 20 153.38 Aug 20 76,230
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.
FY 21 YTD FY 20 FY 19
37.56 36.95 50.31
Outages Average Response Time
Goal is less than 30 minutes
Month Year-to-date Month Year-to-date
16 35 29.75 Minutes 33.59 Minutes
PROGRAM UPDATES AUG 20 AUG 19 FY21 YTD
Tree Trimming 101 184 237
Number of Oil Releases 0 0 1
Lost Time Accidents – All Electric Utility Divisions 1 0 1
New Services 17 8 27
Page 126
Fleet & Facilities Management Monthly Report
AUGUST 2020
Fleet Maintenance
PM Work Orders Completed: 29 Number of Tire Repairs: 18 Number of Road Repairs: 5
Other Work Orders: 77 Repair Hours: 259 Road Repair Hours: 5
Total Work Orders: 106 Fabrication Hours: 3 Misc. Hours: -71.5
PM Hours: 82.5
# Of Scheduled PM’s: 35
# Of PM’s: Completed: 29
Major Program Updates
AUGUST AUGUST
MEASURE 2020 2019 DIFFERENCE
Fleet Maintenance - Scheduled PM
29 out of 35 41 out of 35
appointments vs completed PM’s -34.28 %
82.86 % 117.14 %
(Quantity and Percentage)
Facilities Maintenance
Facilities - Routine work orders
14 out of 19 28 out of 29
completed within 5 days -22.87 %
73.68 % 96.55 %
(Quantity and Percentage)
Facilities - Emergency work orders
3 out of 4 4 out of 4
completed within 2 days -25.00 %
75.00 % 100.00 %
(Quantity and Percentage)
Page 127
GRANT WRITER MONTHLY REPORT
August 2020
Year-to-Date Activities
• Submitted two grants totaling $25,500 to private funders to benefit the
Dover Pubic Library.
• Researched approximately 50 potential funders for the City of Dover’s parks
expansion and other programs; narrowed search to 30 possible private
funding prospects for potential funding, as long as the city can apply through
a 501(c) 3 organization.
• Made contact through phone calls and/or emails to 40 potential funders for
park projects.
• Has made five contacts through phone calls and/or emails to five potential
private funders for Police and Fire Departments.
• Responsible for managing the ISAIAS FEMA effort, in Kay’s absence.
• Responsible for the CARES/COVID Funding follow-up, in Kay’s absence.
• Reviewed other grants submitted by other departments to state agencies.
• Spent at least 10 hours a week doing grant research for private and public
monies.
• Interfaced with other grant writers in other municipalities to get
understanding of “Best Practices in Grant Writing” for a municipality.
• Collaborates regularly with Police Department, Library and Parks,
Recreation & Grounds on projects, so we are working as a team.
Page 128
HUMAN RESOURCES
August 2020
Aug Sept Oct Nov Dec Jan Feb Mar April May June July Aug Total
Category 19 19 19 19 19 20 20 20 20 20 20 20 20
Caucasian* 297 299 294 293 293 297 303 308 303 299 296 300 296 n/a
Minorities* 75 78 77 77 78 78 77 77 76 75 78 78 78 n/a
Hired 2 8 3 1 4 7 11 7 0 0 5 7 1 56
Terminated/Resigned/ 3 4 7 2 2 5 6 3 5 5 2 3 5 52
Retired/Other
Transferred/Promoted 1 1 3 1 1 4 1 2 1 1 3 1 1 21
Jobs Posted 3 31 2 0 9 9 17 1 3 4 3 6 5 93
Workers Comp. 2 1 2 2 3 7 4 2 7 2 1 3 4 40
Injuries
Workers Comp. 270 169 186 178 176 168 112 320 320 401 11 7 127 2445
Hours
*349 Full-time Employees: Part-time Employees: 25 (4 Pitts Center, 1 Recreation, 15 Library, 4 Police Department, 1 Central Services)
-Numbers do not reflect, temporary, seasonal, relief fire dispatchers, committee or council members.
Position Hired: Mechanic I
Transferred/Promoted: Arborist
Position Terminated/Resigned/Retired/Other: Laborer II (Parks), Passport Clerk (PT), Library Assistant, LAN Analyst, Water Treatment Plant
Operator I, Police Officer
Positions on Terminal Leave: Law Enforcement Officer - November
Recruitment Information (August)
---- ---- - -
Native
American
Blac k/ Hawaiian/ Two or Not
Indian/ Hispanic/
Posi1on Total Apps In Dover t>uto!Dove Unknown Asian African Other More White Unknown Hispanic/ Unknown Male Female Unknown
Alaskan Latino
American Pacific Races Latino
Native
Islander
Payroll Speciali st 11 2 9 0 0 0 2 0 1 4 4 0 6 5 0 10 1
Administrative
Assistant - 101 JS 63 0 3 2 25 0 7 52 12 8 81 12 9 88 4
Finance
Passport Clerk
67 34 33 0 2 3 22 0 1 26 13 2 52 13 7 47 13
PT
Library Assistant 61 26 35 0 0 3 14 0 3 32 9 2 50 9 8 51 2
*Resumes come from Indeed do not always list address
Open or Currently Recruiting*
Open or Currently Aug Sept Oct Nov Dec Jan Feb March April May June July Aug
Recruiting by Dept. 19 19 19 19 19 20 20 20 20 20 20 20 20
Electric 6 7 9 9 6 7 4 4 4 5 5 5 5
Public Works 5 10 10 11 11 8 8 8 8 8 7 5 5
Police 6 6 4 4 3 2 7.5 4 4 7 9 8 9
Water Wastewater 4 4 5 6 6 5 3 4
All Other Departments 7.5 16.5 18.5 18 17 15.5 13.5 11 12.5 14.5 14 13 16.5
Totals 24.5 39.5 41.5 42 37 36.5 37 32 34.5 40.5 40 34 39.5
*Not used for Budgeting Purposes *Feb 2020 Updated
Electric: (3) Lineman, Electric Director
Public Works: (2) Motor Equipment Operator I -Stormwater, Motor Equipment Operator I –Stormwater, Motor Equipment Operator III – Stormwater,
Motor Equipment Operator I–Streets
Police: (7) Police Officers, (2) Cadet (PT), Communication Operator
Water/Waste Water: Civil Engineer, Utility Maintenance Mechanic I, Motor Equipment Operator III, Water Treatment Plant Operator I
All Other Departments: Administrative Assistant – Mayor, Fleet and Facilities Manager, Librarian I (PT), Assistant Library Director, Library Director,
Customer Service Representative I, Administrative Assistant – Finance, Inspector 1 – Code Enforcement (2), Information Technology Director, Library
Clerk (PT), Payroll Specialist, Assistant Controller, Laborer II (Parks), Passport Clerk (PT), Library Assistant, LAN Analyst, Inspector I – Code Enforcement
Page 129
HUMAN RESOURCES
(Continued)
Turnover Statistics
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Total Turnover % 5.57 6.75 11.00 10.91 6.02 12.05 8.68 15.36 10.33 9.66 11.69
Termination Turnover % 0.27 1.08 0.29 1.47 0.57 0.28 0.54 1.92 1.36 0.54 1.20
Resignation Turnover % 2.12 4.05 5.21 5.01 2.29 7.56 6.24 7.41 5.98 6.17 6.60
Retirement Turnover % 3.18 1.62 5.50 4.42 3.15 4.20 1.90 4.39 2.45 2.68 3.60
Other - - - - - - - 1.65 0.54 0.27 0.30
2012 Healthcare cost sharing implemented; 2013 Healthcare cost sharing implemented for DOE
2016 RIF in Economic Development; 2018 RIF in Electric
*2019, Percentages update in January 2020
Average Employees
2010 2011 2012* 2013* 2014 2015 2016 2017 2018 2019 2020
Total Number of Employees Separating from 21 25 38 37 21 42 32 56 38 36 39
Service
Average Number of Full-time Employees 362 356 333 325 331 333 340 337 340 346 309
Average Number of Part-time Employees 16 15 12 14 18 24 28 28 28 26 25
* Healthcare cost sharing implemented
Workers Compensation Cost Calendar Year 2020
I I I
Grounds $32
Department
Life Safety I $1
Metering $14
I
Police $100
Power Plant I $2
Sanitation I $2
Stormwater $31
Water/Wastewater
• $2 I I
Total Cost (In thousands)
Total: $184,000
Page 130
INFORMATION TECHNOLOGIES
Service Requests Resolved
60 53 54
52
49
47 47
50 44
41 41 42 40
38 38 38
40
30 rI 1I •r, n
I I
27 27 1
I 22 22
17 17
23 23 22 21
20 13 15
10 I I I I I I I I I
0 I I I I I I I I I I I I
• Requests Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20
• Completed
Programming Requests Completed
150
120120
100
44 44
50 32 32 31 32 33 33
21 21 27 26 22 22
15 15 19 19 12 12
11 11 9 9
0
• Requests Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20
• Completed
Page Views - City of Dover Web Page
40,000
35,000
30,000
Pages Viewed
25,000
36,316 34,015
32,907
20,000
29,209 28,293 30,253 31,316 28,527
28,153 25,318 26,882 25,888 26,057
15,000
10,000
5,000
0
Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20
Noteworthy:
Pandemic - COVID-19
Tyler ERP Phase 2 (HR/Payroll) working with Kronos providing and converting files
Tyler Phase 4 Still doing sessions
Tropical Storm Isaias
Hosted interviews for new IT Director
Page 131
Monthly Report for August 2020
LIBRARY CLOSED DUE TO COVID-19 VIRUS
Highlighted Virtual Programs:
DO}f[ER "In Harmony" Virtual Concert - Mid-Del Sax Quartet
Virtual "Tour A Truck" Program
81 Clicks/Views
18 Clicks/Views
PUBLIC LIBRARY Virtual "Friday Storytime" 32 Clicks/Views
Total Items Checked Out: 5,401 VIRTUAL Programs: Offered Views/Clicks
E-books: 4,117
Adult 4 101
New Library Cards: 101 Teen 3 20
Children 12 263
Library Card Holders: 29,516 Job Center 0 0
Service Area
Population: 62,527
Visitors: Curbside Pick-Up 1,227 Passport Services: 7
Income Received: $281.50
Meeting Rooms Usage: 0
Computer Users: 0
Wireless Users: 125
Items Loaned to/Received
from Other Libraries: 9,039
Page 132
Parks & Recreation
August 2020 Monthly Report
Parks & Recreation Highlights
Parks Maintenance Building construction is completed. Final inspections are taking place. Once completed staff
will make arrangements to move. Staff members Robin Eaton, Sherwanda Speaks, Steve Pickering and Carolyn
Courtney are in the planning stages for their move.
Spring & Summer Concert Series hosted Cocktails at 3, the ever popular Best Kept Soul, the talented Joe Baione,
and the local Reunion Band. Our appreciation goes out to Shore United Bank for their financial support of the
2020 series. Thursday evenings at 7 PM.
Parks & Playground Improvements/ORPT Grant 19‐187 is moving forward. A contract with the University of Dela-
ware’s Coastal Design Studio (CDS) was signed by all parties. We are working with the CDS, our environmental sci-
entist Josh Barth and DRNEC’s Andy Howard to ensure appropriate species of plantings are presented in the design
specifications.
John W. Pitts Recreation Center continued their newly established COVID19 protocols. Additional signage, spacing
markings, disinfecting procedures and keeping up with hand sanitizing stations to ensure visitors and staff are
kept safe by limiting the opportunity for spreading of the virus.
Field Hockey going strong! They completed their season in August. August (outdoor) League
Programming Participant Count
Activity Participants Spectators Location
Field Hockey 766 574 Schutte Park
KCCL Softball Schutte Park
Program Participants Aug. 20 FYTD 21 Aug. 20 FYTD 20
General Recreation 14 58 54 96
Open Gym 107 180 236 373
Recreation Revenue Breakdown
FY21 FV20 • <.;eneral
RecreMion
--
• lea1,.ie•1
Soul Line Dance participants attending class outside
I P,11k
Hent.ls.ll'ermrts
lamps
August 2020 FY21 August 2019 FY20
General Recreation 176.00 General Recreation 1,239.80
Leagues 960.00 Leagues $7,778.00
Bldg./Field/Pavilions 250.00 Bldg./Field/Pavilions $955.00
Camps $2,420.00
Page 133
Grounds Division Monthly Report August 2020
Arborist Crew Completed
Trees Trimmed 18
Trees Removed 16
Root Prune 0
Stumps Removed 6
Trees Planted 0
Arborist Crew:
− Tornado clean up.
− Crews removed trees from roadways, alley ways, and City owned properties.
Beautification Crew:
− Crews continue to water and weed City flower beds.
− Assist Arborist Crew with Tornado clean up.
Mowing Crew
− Mowing route are on schedule.
− Assist Arborist Crew with Tornado clean up.
Litter Removal:
− Litter is being picked up on City properties as per the weekly schedule.
− Litter person has been diligent in the reporting of destruction in City parks.
− Total Trash Cans Collected 291.
− Assisted Arborist Crew with Tornado clean up.
Miscellaneous:
− Grounds hauled 18 loads of millings to new Parks and Rec Building.
Page 134
August 2020 Procurement & Inventory Report
Measure FY 2021 FY 2020 DIFFERENCE
Issue Effectiveness – How often the
FY 2020 (To date) FY 2019 (Total)
warehouse has what the departments
[369/(369+63)]*100 [2,292/(2,292+156)]*100 -8.21%
need when it’s needed.
85.42% 93.63 %
[issues / (issues + back orders)] * 100
Turn Over Rate – Indicates that the
material stocked is the material being 0.82 Turnovers per -0.06 Turnovers per
0.76 Turnovers per year
used. (2018-2019 Goal 1 per year) year year
WITHOUT TRANSFORMERS
BID REQUESTING
COMMODITY TERM STATUS as of August 1, 2020
NUMBER DEPARTMENT
Elevated Water Storage Tank 21-
10 Years Water/Wastewater RFP opening scheduled for September 15, 2020 @ 2:00 pm
Maintenance 0001WW
West Street Flooding Feasibility 21- One
Public Works Forwarded to Public Works on 9/9/2020
Study 0002PW Time
East Lake Garden Drainage 21- One
Public Works RFP opening scheduled for September 9, 2020 @ 2:00 pm
Improvements 0003PW Time
Mirror Lake Drainage Basin 21- One
Public Works RFP opening scheduled for September 10, 2020 @ 2:00 pm
Improvements 0004PW Time
HVAC Design and Install - Electric One
21-0005CS Central Services RFP opening scheduled for September 16, 2020 @ 2:00 pm
Administration Time
One
HVAC Design and Install - City Hall 21-0006CS Central Services RFP opening scheduled for September 16, 2020 @ 2:30 pm
Time
HVAC Design and Install - One
21-0007CS Central Services RFP opening scheduled for September 17, 2020 @ 2:00 pm
Warehouse Time
One
3 Phase Transformers for Stock 21-0008CS Central Services Bid opening scheduled for September 9, 2020 @ 1:00 pm
Time
FUEL USE FY 2021 TO DATE FY 2020 TO DATE STOCK WITH OVER 60 MONTH SUPPLY (5 YEARS)
Unleaded: 23,653 gallons 25,010 gallons Electric: $ 399,644.61 247 Line Items
Diesel: 14,804 gallons 13,157 gallons Water: $ 13,679.71 31 Line Items
Dollars Spent: $54,621.52 $73,415.66 General: $ 22,766.82 91 Line Items
Total: $ 436,091.14 369 Line Items
Purchase Orders for Stock by Fund Issues from Stock by Fund
FY 2021 TO DATE FY 2020 TO DATE FY 2021 TO DATE FY 2020 TO DATE
Electric: $276,419.35 $113,363.60 Electric: $220,264.36 $144,553.78
Water: $1,724.36 $24,154.18 Water: $19,890.52 $28,025.72
Wastewater: $0.00 $149.60 Wastewater: $1,555.76 $142.83
General: $30,392.29 $19,608.90 General: $22,799.09 $22,426.48
Total: $308,536.00 $157,276.28 *Total: $266,482.73 $195,271.27
Warehouse Stock Money Spent for Postage/Postal Services
FY2021 FY2020 FY 2021 TO DATE FY2020 TO DATE
Total Dollar Value: $1,730,895.29 $1,785,085.48 $34,270.77 $14,752.45
Total Line Items: 1,099 1,118
* Total of Issues from Stock by Fund includes Issues from Sale from Stock (SS) and Electric Returns (ER).
Page 135
DEPARTMENT OF PUBLIC WORKS
AUGUST 2020 MONTHLY REPORT
GIS
GIS PROJECT HOURS
• Create • Data Requests • Printing • Technical Support • Updates • Configure
0%
13%
3%
1%
5%
78%
GIS PROJECT HOURS
Other I
City-Wide
DWW
DPW
Tax
Mayor
IT
-
Cust. Service
Dover PD
City Manager
City Clerk
Planning & Insp. I
-
Library
Parks & Rec I
Electric
0 20 40 60 80 100 120
• GIS Project Hours
Page 136
SANITATION
MONTHLY REFUSE (TONS) AUG 20 - BULK BRUSH
DIVERTED TO SCHUTTE PARK
DUE TO HURRICANE ISAIAS.
• Bulk • Rear • Automated
1019.95
945.19 970.81 972.27
910.54
869.42 851.34 884.8
822.79 821.86
786.87
670.09 689.03
203.1
136.65 124.71
190.58 95.73
117.53 129.15 66.89 108.45 203.01 178.39
80.42 81.54
195.51
148.24 89.29 79.05 160.15
124.64 117.11 116.13
95.12 104.67 100.31 122.38
II II
AUG 19 SEP 19
II
OCT 19
II
NOV 19
II
DEC 19
II
JAN 20
79.25
II
FEB 20
11 II
MAR 20 APR 20
II
MAY 20
II II 11
JUN 20 JUL 20 AUG 20
AUG 20 - 129.5 TOTAL
SANITATION HOURS OVERTIME HOURS DUE TO
HURRICANE ISAIAS.
600 551 549
500 467
399
400 355 360 346
308
300
200
100
0
Bulk Automated Hand Trash Yard Waste
• August 19 • August 20
SANITATION AUGUST 20 FYTD 20 AUGUST 19 FYTD 19
Trips to DSWA Sandtown Landfill 204 457 223 401
Total Tonnage to DSWA 1,264 2,653 1,154 2,389
90-gallon Containers Delivered 53 147 57 79
300-gallon Containers Delivered 2 4 1 3
Total Man Hours Containers Delivered 29 125 20 40
CURBSIDE RECYCLING TOTAL CANS COLLECTED TOTAL ACCOUNTS WEIGHT (LBS) AVE. WEIGHT (LBS)
July 2019 22,718 9,841 307,260 13.52
Page 137
STREETS / STORMWATER
STREETS / STORMWATER AUGUST 20 FYTD 20 AUGUST 19 FYTD 19
Signs Installed 0 11 12 18
Signs Repaired 11 17 9 28
Curbs Painted Yellow (ft) 0 84 0 172
New Posts Installed 5 7 5 10
Storm Catch Basins Repaired 0 8 9 10
Storm Catch Basin Repairs (hrs) 0 19 28 33
Storm Catch Basins Cleaned (l.f.) 0 15 1,211 1,215
Storm Catch Basin Cleaning (hrs) 0 12 1 7
Hot Mix Patching (tons) 0 0 32 60
Hot Mix Patching (hrs) 0 0 39 75
Cold Mix Patching (hrs) 1.5 7.5 4 10
Concrete Work (hrs) 0 24 28 42
Concrete Patching (cu.yd.) 0 0 5 7
Ditch Work (hrs) 0 0 0 0
Street and Alley Maintenance (hrs) 0 1 3 6
Street Sweeping (miles) 1,529 3,424 1,636 3,613
Street Sweeping (cu.yd.) 122 244 115 241
Leaf Collection (miles) 0 0 0 0
Leaves Collected (cu.yd.) 0 0 0 0
AUG 20 – STAFF ASSIGNED TO STORM RESPONSE AND STORM DEBRIS COLLECTION FOR THE MONTH DUE TO HURRICANE ISAIAS.
Page 138
CITY OF DOVER
•
DEPARTMENT OF WATER & WASTEWATER
MONTHLY REPORT
)e.,.,DQ'ol'E1l AUGUST 2020
Water & Wastewater Flow Data In general, billed consumption should be less than total water
production. Billed discharge is generally less than total flow to
250,000,000
county, due to inflow and infiltration. Total flow to county can be
higher than total water production with a significantly higher than
average rainfall occurs.
200,000,000
150,000,000
100,000,000
50,000,000
-
Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20
Total Water Production Billed Consumption Total Flow to County Billed Discharge
Water Production
8,000,000
7,000,000
6,000,000
5,000,000
4,000,000
3,000,000
2,000,000
1,000,000
-
Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20
• Average Daily Water Production (gal) • Peak Day Production (gal)
Water & Wastewater Repairs
7
6
5
4
3
2
1
-
Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20
Water Mains Repaired Water Services Repaired Wastewater Mains Repaired Wastewater Laterals Repaired
Page 139
CITY OF DOVER
DEPARTMENT OF WATER & WASTEWATER
•35
MONTHLY REPORT
AUGUST 2020
Water & Wastewater Trouble Calls
Goal is to have a field response
time of less than 30 minutes. Month
Aug-19
30
Sep-19
25
Oct-19
Nov-19
20 Dec-19
Jan-20
15 Feb-20
Mar-20
10 Apr-20
May-20
5 Jun-20
Jul-20
- Aug-20
Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20
Average Field Response Time (min) Water Service Requests Wastewater Service Requests
140,000
Wastewater Mains Flushed
7
Due to COVID-19, quantities were
below average in April 2020 and
May 2020.
Month
Aug-19
120,000
Sep-19
100,000 Oct-19
Nov-19
80,000 Dec-19
Jan-20
60,000 Feb-20
Mar-20
-----
1 1111
40,000 -----------------------------, ---, --------------- Apr-20
May-20
20,000 Jun-20
- • Jul-20
-
Aug-20
Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20
Wastewater Mains Flushed (lf) Linear (Wastewater Mains Flushed (lf))
Wastewater Mains Recorded / Manholes Cleaned
9,000
Month
8,000 Aug-19
7,000 Sep-19
Oct-19
6,000
Nov-19
5,000 Dec-19
4,000 Jan-20
Feb-20
3,000
Mar-20
I_ • - - - • - - - - --•.----
2,000 Apr-20
1,000
May-20
Jun-20
-
Jul-20
Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20
Aug-20
• Wastewater Mains Recorded (lf) • Wastewater Manholes Cleaned (ea)
Page 140
CITY OF DOVER
DEPARTMENT OF WATER & WASTEWATER
•
70
MONTHLY REPORT
AUGUST 2020
Number of Brown Water Complaints
60 Month
Aug-19
50
Sep-19
40 Oct-19
30
20
10
- ~---•---: : · ·: :· · · ·• ···;···:···=··
--
--, Nov-19
Dec-19
Jan-20
Feb-20
Mar-20
(10)
-
--------
Aug-19 Sep-19
-
Oct-19 Nov-19 Dec-19
Number of Brown Water Complaints
Jan-20
Engineering Plan Review Tracking
Feb-20 Mar-20 Apr-20 May-20 Jun-20
Linear (Number of Brown Water Complaints) ' Jul-20 Aug-20
Apr-20
May-20
Jun-20
Jul-20
Aug-20
Month
Aug-19
Sep-19
12
[ J
11 11 Oct-19
Goal is to review and respond to
10
10 Site Plan or Subdivisions Plans Nov-19
within 5 business days. Dec-19
8 Jan-20
7
----------- 6
Feb-20
6 ------------
5 5 5 5
Mar-20
4 4 4 4 4
Apr-20
_1 •• _1 11__ ·1r1··-·1;·1;· 1----•...."';··;
4 3 3 3 May-20
2 2 2 Jun-20
2 1 1 Jul-20
0 0 0 0 Aug-20
- -
0
Aug-19 Sep-19 Oct-19 Nov-19 Dec-19 Jan-20 Feb-20 Mar-20 Apr-20 May-20 Jun-20 Jul-20 Aug-20
Number of Submissions Beyond 5 days
----· Linear (Number of Submissions)
Month
Aug-19
Sep-19
120
100
Building Permit Review Tracking Goal is to review and respond to
building or plumbing permits
within 5 business days
96
103
J Oct-19
Nov-19
Dec-19
Jan-20
91 88 Feb-20
79 80 Mar-20
80 73
60
---- ---- ---- -------------------------------------------- -
69
57
65 62 Apr-20
May-20
51
42 Jun-20
------__I___I_I_ I_I_------
40 Jul-20
Aug-20
20
2 4 3 2 3 2 2 4 2 3 4 2 1
0
Aug-19 Sep-19
- -
Oct-19 Nov-19
Number
Dec-19 Jan-20 Feb-20
Average Days to Respond
Mar-20 Apr-20 May-20
Linear (Number)
Jun-20 Jul-20 Aug-20
Page 141
City Planner’s Monthly Report
Department of Planning & Inspections
AUGUST 2020
Planning & Inspections Highlights
Some Items to Call to Your Attention
Construction activity in the City continues at modest levels. During August 151 Permits
for all uses were issued compared to 144 Permits issued in July. Construction values in
August were down significantly from the previous month at $871,680 ($1,416,000 in
July) bringing the YTD values in this Fiscal Year to just over $2.2 million.
Four new Residential Building Permits were issued in August for dwellings on College
Road, N. New Street, and in Nottingham Meadows.. Construction activity continues in
Patriot Village, Oak Shadows, and in the Downtown area. Building permits were issued
for a number of renovation projects throughout the City, including projects at Creek-
stone, PNC Bank and Delaware State University. Temporary/Final Certificates of Occu-
pancy were issued for Dollar Tree at Bay Road (Temporary), Lidl grocery, a new build-
ing at Secure Storage, and the Delicious Fusion Restaurant at Capital Station.
Code violations are increasing as summer progresses but the number of cases opened
is down as a result of significant staffing shortages and the added precautions associat-
ed with COVID-19 compliance. 153 new cases were opened in August of which 86 cas-
es involved exterior building maintenance violations and grass and weeds. A total of
366 Code Inspections were undertaken in August.
Planning Commission applications in August included revisions to the Site Plan for
Tommy Car Wash, and granting of approvals for offices at Landing Square (Bay Road)
and for the Love Drives Child Daycare.
The City received $163,211 in CARES Act funding to assist with motel vouchers and
rent subsidies for at-risk persons.
In continued response to the COVID-19 pandemic and the compliance with the Gover-
nor’s Declaration of a State of Emergency, the Dover City Hall Building reopened to the
public in June, but access limitations continues. Most meetings of Boards and Commis-
sions along with other meetings, training and workshops were completed virtually.
Page 142
PROGRESS IN PICTURES
Capital Station
Delicious Fusion
50 N. DuPont Highway
Suite 14-15
Secure Storage LLC
640 Lafferty Lane Building
Alexis Properties
614 S. DuPont Highway
Page 143
Planning & Inspections Revenue
FY2021 Actual % of
Revenue Stream FY2021 Budget (YTD) August Budget
Business License $1,470,000 $ 1,251,717 85%
Manufactured Home
License $17,000 $ 8,599 51%
Building Permits $450,000 $ 42,179 9%
Cert. of Occupancy $10,000 $ 1,295 13%
Public Occupancy $25,000 $ 125 1%
Lodging House $14,000 $ 78 1%
Plumbing/Heating/Air $100,000 $ 22,663 23%
Rental Inspection
Fee $437,000 $ 4,205 1%
Miscellaneous $20,000 $ 2,175 11%
Fire Protection Fees $70,000 $ 10,422 15%
Code Enforcement
Fines $35,000 $ 1,825 5%
Vacant Building Reg. $150,000 $ 20,500 14%
Total P&I Revenue $2,798,000 $ 1,365,783 49%
PERSONNEL AND TRAINING
In the continued response to the COVID-19 pandemic and the compliance with the Governor’s Declaration
of a State of Emergency for Delaware, the Dover City Hall Building has continued in August to require cer-
tain provisions for public access. Staff continues to be in the Office daily for a regular work day. Planning
Staff continues plan and permit responsibilities including accepting Plan submissions by appointment and
electronically, CO inspections, conducting Meetings virtually, and managing on-going communication
efforts. Other meetings, trainings, and workshops continue in a Virtual format allowing Planning Staff to
participate from their computers/desks. Departmentwide, Staff also provided support of disaster response
efforts following the impact to the City of Tropical Storm Isaias and its associated tornado on August 4,
2020.
The August Meetings of the Boards and Commissions supported by the Planning Office again were conduct-
ed successfully in a Virtual Meeting format using the WebEx telephone/video conferencing platform. Plan-
ning Staff conducted the Planning Commission Meeting of August 17, 2020 in the Virtual Meeting format;
there were no meetings of the Board of Adjustment and Historic District Commission in the month.
Planning Staff (Dawn Melson-Williams, Tracey Harvey, Samantha Bulkilvish, and Julian Swierczek) participat-
ed in the following virtual training sessions on August 19, 2020: “Anticipating Housing Needs in Your Com-
munity During the COVD-19 Pandemic” sponsored by IPA-Institute for Public Administration, University of
Delaware. Planning Staff is also participating in ongoing training for the Municode Meetings software sys-
tem which assists in the management of Meeting Agendas and Packets.
Page 144
PLANNING OFFICE
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. For August 2020, Planning Staff was in-
volved with review of 74 Building Permits and 5 Certificates of Occupancy permits that were issued. This
activity results in a 2020 calendar year-to-date total of 527 Permits and Certificates of Occupancy thru Au-
gust (2019 calendar year-to-date total of 607 Permits and COs compared to 767 for 2018). Staff also re-
views new applications for Business Licenses and Rental Dwelling Permits.
COMPREHENSIVE PLAN IMPLEMENTATION
2019 Comprehensive Plan
The next steps with the 2019 Comprehensive Plan focus on the Implementation Plan (Chapter 15) items
for the projects, studies, code amendments, and other activities. Staff will be preparing the Final Publica-
tion document. Currently, the FINAL DRAFT (12.3.2019) documents and maps are available on the Com-
prehensive Plan website: https://www.cityofdover.com/2019-comprehensive-plan.
Comprehensive Rezoning Project
As a follow-up to the adoption of the Comprehensive Plan, the Comprehensive Rezoning Project must be
completed by June 2021. In August, Planning Staff began some of the data analysis of the Zoning Map and
Map 12-1: Land Development Plan to determine potential zoning and land use category conflict.
CONSTRUCTION ACTIVITY
• There were Building Permits issued for a one family dwelling on College Road (SB-20-01), a one family
dwelling on N. New Street, and two one family dwelling in Nottingham Meadows. Residential building
construction activity also slowly continues in the Patriot Village, Oak Shadows, within the Downtown
Development District area, and on other several lots in other areas of the City. There continue to be a
significant number of fence, shed, and deck permits issued for residential properties.
• Building Permits were also issued for a few renovation projects including office tenants on Silver Lake
Boulevard and at Creekstone; an exterior ADA accessibility improvement project at PNC Bank; renova-
tions at University Village building at Delaware State University; and other smaller tenant fit-out reno-
vation projects.
• A Temporary Certificates of Occupancy was renewed for the Dollar Tree in the Bay Court Plaza. Certifi-
cates of Occupancy were issued to Lidl Grocery Store on DuPont Highway (S-18-11); a new mini-
storage building at Secure Storage at 640 Lafferty Lane (S-17-06); a tenant fit-out for Delicious Fusion
Restaurant at Capital Station (S-17-12); and other tenant fit-out work.
AUGUST 2020 (FY21) TOTAL FOR FY21
New Home Permits Issued 4 7
Value of Commercial Projects $871,680.00 $2,288,580.00
Downtown Incentives (Fees $1,923.00 $3,661.00
Waived)
Page 145
BOARD AND COMMISSION ACTIVITY
Board of Adjustment
The Board of Adjustment did not meet on August 19, 2020. The next Board of Adjustment meeting is sched-
uled for September 16, 2020.
Historic District Commission
The Historic District Commission did not meet on August 20, 2020. The next Historic District Commission
meeting is scheduled for September 17, 2020.
Planning Commission
The Planning Commission met virtually on August 17, 2020. The next regular Planning Commission meeting
is scheduled for September 21, 2020. The following applications were considered:
S-19-22 Tommy Express Car Wash at Carver Road: The Planning Commission took action to accept the sec-
ond Update on Revisions to Site Development Plan Application associated with plan to demolish the existing
structures and then construct a one-story 4,504 SF Car Wash (Service Establishment) with associated site
improvements. Revisions involve site access/entrance improvements to Saulsbury Road and interconnection
to adjoining properties at 987-991 Forest Street (Subway Restaurant site). The Planning Commission granted
conditional approval of Site Plan S-19-22 on October 21, 2019 and accepted an update report on Revisions
on May 18, 2020.
C-20-02 Landing Square (Previously Bay Road Commercial) at 600 Bay Road: During a continued review of
this Application for the Phase 2 area, the Planning Commission moved to grant approval of the portion of
the Site Plan for the office and restaurant construction as presented (on Revised Plan of 8/7/2020) to in-
clude approval the waiver to reduce the Arterial Street Buffer and approval of the Tree Mitigation Plan. The
action is contingent upon the applicant agreeing to the 77.9% impervious coverage cap as discussed and
moving forward from there with any objection going to the Board of Adjustment. The Planning Commission
denied the Conditional Use Plan for Apartments at this site on July 20, 2020 and deferred action on the re-
maining Phase 2 area of the site.
C-20-03 Love Drives Child Daycare at 151 Greenhill Avenue: The Planning Commission moved to grant ap-
proval of the Conditional Use Application to permit the establishment of a Large Family Daycare Home (not
in an occupied residence) in an existing one-story building at 151 Greenhill Avenue to serve 12 children, to
be known as Love Drives (Capital Campus). The action also included approval of the Waiver Requests for
the Elimination of Sidewalk, Elimination of Bicycle Parking, and Elimination of Upright Curbing.
Page 146
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
CDBG FY20 Projects
• CARES Act Funding
The City of Dover was awarded $163,211 in Federal Funds to assist in reducing the spread
of COVID-19. The City has partnered with the Department of Health and Social Services to
administer the grant that will be used for motel vouchers and rent subsidies that will ser-
vice homeless persons or those at risk of becoming homeless. Thirty-six (36) percent of
funds have been drawn down year-to-date were expended for motel vouchers for home-
less persons and for utility payments for persons unable to pay their utility bills due to
COVID-19.
• 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. Two (2) families have purchased
affordable housing in the City of Dover and two families are under contract.
• Dover Interfaith Mission for Housing
CDBG funds will be used to provide operations cost for the shelter. This project is under
way. DIMH is also in the process of purchasing a building for its new shelter location that
will be renovated with CDBG funds.
• DIMH & 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 Programs
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 emergency home repairs to elimi-
nate housing conditions that threaten the health and safety of low-income homeowners.
Emergency home repairs have been completed for two (2) families.
• NCALL Research Inc.
CDBG funds will be used to demolish two existing homes in the Restoring Central Dover
area in order to construct two affordable housing units on the vacant lots. One property
is located at 49 S. Kirkwood Street and is currently under environmental review.
Page 147
Code Enforcement Activity—August 2020
Case Type # cases # cases % staff initiat- % staff initiated
current YTD (July ed current YTD
month 2020 to month
June 2021)
No valid Rental Permit 3 7 100% 71%
No valid Building Permit 3 15 67% 60%
Tall grass and weeds 62 99 63% 69%
Unregistered vehicle 3 3 33% 33%
Abandoned vehicle 2 6 50% 67%
Annual Housing Inspection 3 12 0% 0%
Property Maintenance 24 98 46% 43%
Exterior
Electric Termination 1 2 0% 0%
Dover Code of Ordinances 25 51 48% 59%
Zoning 1 4 100% 75%
Total Cases Opened 153 339
Total # of Inspections For 366
Month
Dangerous Buildings, Vacant Buildings & Demolitions
Vacant Buildings currently registered - 167
Page 148
Building Inspections & Licensing Summary
August 2019—
August 2020–
Current June 2021 August 2019 June 2020
PERMITTING AND LICENSING
Permits Issued August (2020) August
FY 21 FYTD 21 (2019) FY20 FYTD 20
Administrative Permit
7 13 4 5
Building Addition/Renovation Permits 34 63 31 62
Building Permits
18 39 15 28
Demolition Permits
0 5 3 8
Fence Permits 17 41 17 29
Fire Prevention Permits 9 15 8 20
Mechanical Permits
34 58 29 62
Plumbing Permits
25 36 33 55
Sign Permits 7 16 11 26
Swimming Pool Permits
1 2 0 1
Subtotal 288 296
Business Licenses 742 1466 388 1677
Merchant Licenses
174 245 95 294
Contractor Licenses
482 826 247 888
Subtotal 2537 2858
Lodging House Licenses
0 1 0 1
Public Occupancy
4 6 19 30
Rental Dwelling 16 50 19 41
Subtotal 57 72
Manufactured Homes
74 190 56 171
BUILDING INSPECTIONS
Inspections Aug (2020) Aug (2019)
FY 21 FYTD 21 FY20 FYTD 20
Building (Inspections/CBI/Site Meetings)
201 393 288 627
Plumbing/Mechanical
112 260 501 753
Certificate of Occupancy 5 12 8 31
Page 150
Finance Department Monthly Report August 2020
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Page 2
Page 151
Finance Department Monthly Report August 2020
CITY OF DOVER
ACTIVITY REPORTS
August 2020
FINANCE DEPARTMENT ACTIVITY LEVELS
FY20 YTD FY21 YTD
BANK TRENDS
Number of Deposits Made (Hand, ACH & Wire, Lockbox) 1,330 1,122
Total Amount of All Deposits $ 36,748,624 $ 33,287,056
t==============;=====~
Other Activity
Number of Pay Periods
Number of Payroll Checks & Direct Deposits Issued
5
1,997
1-------
5 -----j
1,536
Number of Pension Checks Issued 512 521
Total Pension Benefits Paid - Defined Benefit Plan $ 1,388,901 $ 1,431,863
=============~======; ..-----------,
ACCOUNTS PAYABLE
_______L_____I
Number of Check Vouchers
Number of EFT Vouchers
L _ _ _ __
Vouchers Dollar Amount Disbursed $
1,136
524
13,662,246 $
1,044
487
12,808,679
L . _ _ _ 1_
$17,208 FY20 YTD Wages FY21 YTD Wages
$8,589 $15,351
$58,0 $21,086
99 $95,578 $130,057
$106,131 $95,633
$73,657
$445,763 $347,522
$355,327
$411,466
$3,435,065
$3,505,981
Regular
..Regular
All over time
Vacation
..
All over time
Vacation
Sick
Terminal Leave - Retiree Vacation/Sick Payout
..
Sick
Terminal Leave - Retiree Vacation/Sick Payout
Personal
Personal • Other • Comp Time
• Comp Time
Other
Page 3
Page 152
Finance Department Monthly Report August 2020
City of Dover
General Fund Summary
Fiscal Year to Date (August 2020)
Revenues
Budget Actual %
Property & Transfer Taxes $ 16,319,300 $ 14,916,014 91%
Program Revenues 10,312,800 2,215,118 21%
Utility Transfers 11,000,000 1,833,330 17%
Grants 778,500 3,798 0%
Interfund Services 5,592,700 795,606 14%
All Other 1 920,000 2,897 0%
$ 44,923,300 $ 19,766,763 44%
Expenditures
Budget Actual %
Program Expenses 2 $ 29,235,400 $ 3,798,424 13%
Interfund Services 10,622,300 1,397,681 13%
Debt Service 462,200 77,658 17%
Post Retirement Benefits 2,045,400 340,900 17%
Pension Fund Contributions 935,100 72,516 8%
Capital Project Transfers 2,078,100 519,525 25%
All Other 3 1,117,000 174,674 16%
$ 46,495,500 $ 6,381,378 14%
1
Includes Cable Franchise Revenue, Miscellaneous Receipts, Garrison Farm Rent, Sale of Assets,
Return Check Fees, Fund Interest Income, and Investment Manager Cost
2
Includes Stormwater Account
3
Includes Misc. Grant Exp., Bank and CC Fees, Street Lights Expense, DDP
Contribution, Transfer to Electric I&E, and Bond Issue Costs
Page 4
Page 153
Finance Department Monthly Report August 2020
General Fund Revenues
$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
I
Program Revenues Utility Transfers Grants Interfund Services
liiiiiil _
All Other 1
• 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
$- -• I --- --
• Budget
•
Actual
Page 5
Page 154
Finance Department Monthly Report August 2020
City of Dover
Water Fund Summary
Fiscal Year to Date (August 2020)
Revenues
Budget Actual %
Customer Sales $ 6,231,700 $ 1,244,292 20%
Impact Fees 570,000 25,561 4%
Rents 420,100 48,676 12%
Miscellaneous 1 101,800 138,913 136%
$ 7,323,600 $ 1,457,442 20%
Expenditures
Budget Actual %
Program Expenses $ 3,289,200 $ 380,941 12%
Interfund Services 1,028,800 141,245 14%
Debt Service 762,800 60,757 8%
Post Retirement Benefits 176,900 29,482 17%
Capital Project Transfers 1,300,000 325,000 25%
General Fund Transfer 500,000 83,332 17%
All Other 2 20,000 3,637 18%
$ 7,077,700 $ 1,024,394 14%
1
Includes Interest Earnings and Miscellaneous Income
2
Includes Bank & CC Fees
Page 6
Page 155
Finance Department Monthly Report August 2020
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
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
Benefits
•Budget •Actual
•~
Capital Project Transfers General Fund Transfer All Other 2
Page 7
Page 156
Finance Department Monthly Report August 2020
City of Dover
Wastewater Fund Summary
Fiscal Year to Date (August 2020)
Revenues
Budget Actual %
Customer Sales $ 9,783,000 $ 1,782,315 18%
Impact Fees 480,000 21,228 4%
Miscellaneous 1 21,300 2,319 11%
$ 10,284,300 $ 1,805,861 18%
Expenditures
Budget Actual %
Program Expenses $ 1,432,500 $ 194,615 14%
Kent County Treatment Fee 4,302,900 661,111 15%
Interfund Services 779,600 111,546 14%
Debt Service 659,900 24,822 4%
Post Retirement Benefits 81,500 13,582 17%
Capital Project Transfers 1,200,000 300,000 25%
General Fund Transfer 500,000 83,332 17%
All Other 2 10,000 1,319 13%
$ 8,966,400 $ 1,390,327 16%
1
Includes Interest Earnings, Miscellaneous Income, and Wastewater Penalties
2
Includes Bank & CC Fees and Bond Issuance Cost
Page 8
Page 157
Finance Department Monthly Report August 2020
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
II Budget II Actual
Wastewater Expenditures
$5,000,000
$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
$-
Program Expenses Kent County Interfund Services Debt Service Post Retirement Capital Project General Fund All Other 2
Treatment Fee Benefits Transfers Transfer
UBudget II Actual
Page 9
Page 158
Finance Department Monthly Report August 2020
City of Dover
Electric Fund Summary
Fiscal Year to Date (August 2020)
Revenues
Budget Actual %
Customer Sales $ 81,662,500 $ 14,850,625 18%
Distribution of Earnings (5,246,100) (931,583) 18%
All Other 1 3,424,400 117,566 3%
$ 79,840,800 $ 14,036,608 18%
Expenditures
Budget Actual %
Power Supply & Generation $ 46,084,100 $ 6,327,561 14%
Electric Operating Div. Exp. 7,345,800 990,943 13%
Interfund Services 3,784,300 542,815 14%
Debt Service 1,378,600 229,760 17%
Post Retirement Benefits 789,600 131,600 17%
Capital Project Transfers 6,000,000 1,500,000 25%
General Fund Transfer 10,000,000 1,666,666 17%
Rate Stabilization Reserve 2,000,000 - 0%
All Other 2 2,023,400 152,254 8%
$ 79,405,800 $ 11,541,599 15%
1
Includes Rental Revenue, Miscellaneous Service Revenue, Interest Income, Penalties,
General Service Billing Received from Uncollectible, and Green Energy Charge
2
Includes Utility Tax, Interest on Deposits, Green Energy, A/R Write-offs, and
Bank & CC Fees
Megawatt Hours Sold & Purchased Rev. Budget Actual
Sales to Customers MWh (excl. Street Light MWh) 749,446 165,280
Sales per MWh $100.30 $82.89
Purchased/Generated MWh 779,796- 160,471-
All In MWh Supply & Generation $59.10 $39.43
Page 10
Page 159
Finance Department Monthly Report August 2020
Electric Fund - Revenues
Mi llions
$(10) $- $10 $20 $30 $40 $50 $60 $70 $80 $90
Budget
Actual
I
II Customer Sales • Distribution of Earnings Ii All Other 1
Electric Fund - Expenditures
$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 &
Generation
Electric
Operating Div.
Exp.
Interfund
Services
Debt Service
I I
Post Retirement Capital Project
Benefits Transfers
General Fund
Transfer
Rate
Stabilization
Reserve
All Other 2
I- I- I- I-
• Budget $46,084,100 7,345,800 3,784,300 1,378,600 789,600
I-
6,000,000
I-
10,000,000
I-
2,000,000
I-
2,023,400
• Actual $6,327,561 990,943 542,815 229,760 131,600 1,500,000 1,666,666 - 152,254
II Budget II Actual
Page 11
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Finance Department Monthly Report August 2020
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Page 12
Page 161
Finance Department Monthly Report August 2020
City of Dover
Division Expense Summary (General Fund)
Fiscal Year to Date (August 2020)
Budget Actual % General Fund Divisions % of Budget
City Clerk $ 508,400 $ 63,731 13%
Council 156,600 21,609 14% Mayor
Tax Assessor 245,900 46,267 19% Human Resources
Fire 769,900 145,676 19% Customer Services
Grounds 1,456,600 10,172 1% Fleet Maintenance
Library 1,822,700 211,962 12%
Procurement & Inventory
Recreation 1,129,700 286,034 25%
Engineering
Life Safety 432,700 63,377 15%
Code Enforcement 815,000 51,257 6% Facilities Management
Planning 663,200 84,101 13% Pub. Services Administration
Public Inspections 595,300 80,348 13% Finance
Police 17,819,900 2,470,689 14% Information Technology
Police Extra Duty 750,000 15,153 2%
City Manager
Streets 699,700 95,718 14%
Stormwater
Sanitation 2,506,800 177,564 7%
Stormwater 785,900 35,345 5% Sanitation
City Manager 1,044,800 175,259 17% Streets
Information Technology 912,800 157,551 17% Police Extra Duty
Finance 992,700 128,702 13% Police
Pub. Services Administration 594,600 75,711 13%
Public Inspections
Facilities Management 655,800 82,467 13%
Planning
Engineering 198,700 34,933 17%
Procurement & Inventory 715,900 110,919 15% Code Enforcement
Fleet Maintenance 930,600 128,997 14% Life Safety
Customer Services 1,107,600 161,269 15% Recreation
Human Resources 524,200 67,090 13%
Library
Mayor 221,700 21,785 10%
Grounds
$ 39,057,700 $ 5,003,686 13%
Fire
Tax Assessor
Council
City Clerk
0% 5% 10% 15% 20% 25% 30%
Page 13
Page 162
Finance Department Monthly Report August 2020
City of Dover
Utilities Expenditure Summary
Fiscal Year to Date (August 2020)
Water Divison
Budget Actual %
Engineering & Inspection $ 397,800 $ 40,354 10%
Water Department 669,800 79,872 12%
Water Treatment Plant 2,221,600 260,715 12%
$ 3,289,200 $ 380,941 12%
Wastewater Divison
Budget Actual %
Engineering & Inspection $ 288,300 $ 40,354 14%
Wastewater Department 1,144,200 154,261 13%
$ 1,432,500 $ 194,615 14%
Electric Division
Budget Actual %
Transmission/Distribution $ 3,995,600 $ 599,934 15%
Electrical Engineering 1,396,400 188,201 13%
Administration 707,400 47,353 7%
Meter Reading 375,300 52,671 14%
Systems Operations 871,100 102,785 12%
$ 7,345,800 $ 990,943 13%
Page 14
Page 163
Finance Department Monthly Report August 2020
Water Division % of Budget
Water Treatment Plant
Water Department
Engineering & Inspection
9% 10% 10% 11% 11% 12% 12% 13%
Wastewater Division % of Budget
Wastewater Department
Engineering & Inspection
13% 13% 13% 14% 14% 14% 14% 14% 14% 14%
Electric Division % of Budget
Systems Operations
Meter Reading
Administration
Electrical Engineering
Transmission/Distribution
0% 2% 4% 6% 8% 10% 12% 14% 16%
Page 15
Page 164
Finance Department Monthly Report August 2020
City of Dover
Capital Outlay Summary (All Funds)
Fiscal Year to Date (August 2020)
General Fund Budget Actual %
Fire $ 173,300 $ 21,340 12%
Police 912,400 - 0%
Streets 936,000 162,175 17%
Sanitation 475,200 - 0%
Stormwater 1,110,700 - 0%
Facilities Management 700,000 - 0%
Library County Grant - 38,962 196%
Recreation 395,000 - 0%
Purchasing 25,000 - 0%
Information Technology 61,600 3,050 5%
Code Enforcement 20,400 18,888 93%
Inspections 18,600 24,027 129%
Grounds 39,600 - 0%
General Fund Capital Projects $ 4,867,800 $ 268,442 5%
Water Fund
Water $ 1,225,900 $ 137,038 11%
Water Treatment Plant - 245,053 0%
Water Fund Capital Projects $ 1,225,900 $ 382,090 32%
Wastewater Fund
Wastewater 1,099,000 72,348 7%
Wastewater Fund Capital Projects $ 1,099,000 $ 72,348 7%
Electric Fund
Electric Generation $ 1,267,000 $ 5,000 0%
Transmission/Distribution 1,100,000 222,457 20%
Electrical Engineering 2,968,900 31,895 1%
ERP System 500,000 - 0%
Electric Administration 360,000 36,070 10%
Electric Fund Capital Projects $ 6,195,900 $ 295,422 5%
TOTAL CAPITAL PROJECTS $ 13,388,600 $ 1,018,303 8%
Page 16
Page 165
Finance Department Monthly Report August 2020
Capital Outlay - All Divisions
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$- I ... L LIi .. I
II Budget WActual
Capital Outlay - By Fund
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$-
Budget Actual
Iii General Fund Capital Projects II Water Fund Capital Projects Wastewater Fund Iii Electric Fund Capital Projects
Page 17
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Finance Department Monthly Report August 2020
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Page 18
Page 167
Fire Marshal’s Office—At a Glance
The Fire Marshal’s Office investigated four (4)
incidents during the month of August.
Our office is conducting annual fire and life safety
inspections at industrial and warehouses and then
beginning businesses that are over 10,000 ft2.
Month Year to Date Previous Year to Date
Annual Fire & Life Safety Inspections 11 86 26
Deficiencies From the Above Inspections 61 502 92
Fire Code Violations/Deficiencies/Complaints 32 86 44
C/O & Fire Equipment Acceptance Tests 9 23 13
Meetings & Walk Through 14 33 36
Fire Plan Review & DAC 6 19 22
Month Year to Date Previous Year to Date
Accidental 3 totaling $11,000 4 totaling $21,000 5 totaling $138,000
Undetermined 1 totaling $2,000 1 totaling $2,000 4 totaling $281,000
Incendiary N/A N/A N/A
Arrest Made with DPD N/A N/A 0
Investigation Time 25 hours 27 hours 20 hours
Injuries 1 1 0
Deaths 0 0 0
Please feel free to contact our office at any time with any questions or concerns. Thank you!
Page 168
MONTHLY REPORT
AUGUST 2020
Page 169
Date Range: From 08/01/2020 to 08/31/2020
Incident Run Log Company: All Companies
Dover Fire Department Equipment Type(s): All Equipment Types
Sorted by: Not selected
Date FDID Incident# Alarm ### Address Suite Type Lgth
08/01/2020 30046 2020-000656 13:26 409 ALDER RD Smoke detector activation due to malfunction 0.5
08/01/2020 30046 2020-000657 19:10 200 BANNING ST 170 Smoke detector activation due to malfunction 0.5
08/02/2020 30046 2020-000658 15:51 51 WEBBS LN J Smoke detector activation, no fire - unintentional 0.5
08/02/2020 30046 2020-000659 16:30 1 ROCKFORD CROSSING Arcing, shorted electrical equipment 0.3
08/02/2020 30046 2020-000660 19:53 15 E NORTH ST Smoke detector activation due to malfunction 0.4
08/03/2020 30046 2020-000661 06:52 320 BROADSTAIRS PLACE Building fire 0.8
08/03/2020 30046 2020-000662 15:38 103 PAR HAVEN DR K Medical assist, assist EMS crew 0.5
08/04/2020 30046 2020-000663 07:27 SR 1 Motor vehicle accident with injuries 0.5
08/04/2020 30046 2020-000664 09:29 5 TAYLOR DR Building or structure weakened or collapsed 0.2
08/04/2020 30046 2020-000665 09:36 60 WOLFCREEK BLVD Wind storm, tornado/hurricane assessment 0.7
08/04/2020 30046 2020-000666 09:38 65 SHERWOOD CT Building or structure weakened or collapsed 2.4
08/04/2020 30046 2020-000667 08:58 12 MANOR DR Building or structure weakened or collapsed 0.3
08/04/2020 30046 2020-000668 09:00 16 MANOR DR Building or structure weakened or collapsed 0.4
08/04/2020 30046 2020-000669 09:35 1221 COLLEGE PARK DR Building or structure weakened or collapsed 0.3
08/04/2020 30046 2020-000670 09:46 647 WYOMING AVE Building or structure weakened or collapsed 3.3
08/04/2020 30046 2020-000671 09:14 S STATE STREET Power line down 0.5
08/04/2020 30046 2020-000672 09:38 2 HUNTLEY CIR Building or structure weakened or collapsed 0.3
08/04/2020 30046 2020-000673 10:01 823 W NORTH ST Wind storm, tornado/hurricane assessment 0.2
08/04/2020 30046 2020-000674 09:42 1155 S LITTLE CREEK RD Arcing, shorted electrical equipment 0.4
08/04/2020 30046 2020-000675 09:25 820 WALKER RD C Wind storm, tornado/hurricane assessment 0.4
08/04/2020 30046 2020-000676 09:25 934 FOREST ST Wind storm, tornado/hurricane assessment 0.0
08/04/2020 30046 2020-000677 09:46 16 MANOR DR Building or structure weakened or collapsed 0.4
08/04/2020 30046 2020-000678 09:50 137 OLD FORGE DR Power line down 0.4
08/04/2020 30046 2020-000679 10:31 911 KENTON RD Unintentional transmission of alarm, other 0.5
08/04/2020 30046 2020-000680 09:39 19 ROOSEVELT AVE Wind storm, tornado/hurricane assessment 0.0
08/04/2020 30046 2020-000681 09:41 53 MCDANIEL DR Building or structure weakened or collapsed 0.0
08/04/2020 30046 2020-000682 10:06 631 RIDGELY ST Wind storm, tornado/hurricane assessment 0.0
08/04/2020 30046 2020-000683 10:11 1401 WOODMILL DR Wind storm, tornado/hurricane assessment 0.0
08/04/2020 30046 2020-000684 10:16 204 LOTUS ST Wind storm, tornado/hurricane assessment 0.0
08/04/2020 30046 2020-000685 09:18 40 HUNTLEY CIR Wind storm, tornado/hurricane assessment 0.4
08/04/2020 30046 2020-000686 10:16 1133 S LITTLE CREEK RD Arcing, shorted electrical equipment 0.0
08/04/2020 30046 2020-000687 10:06 935 WOODFORD DR Wind storm, tornado/hurricane assessment 0.5
08/04/2020 30046 2020-000688 10:36 75 QUAIL HOLLOW DR Wind storm, tornado/hurricane assessment 0.4
08/04/2020 30046 2020-000689 10:35 312 MALLARD DR Wind storm, tornado/hurricane assessment 0.0
08/04/2020 30046 2020-000690 10:39 81 QUAIL HOLLOW DR Power line down 0.0
08/04/2020 30046 2020-000691 10:40 1156 S GOVERNORS AVE Wind storm, tornado/hurricane assessment 0.4
08/04/2020 30046 2020-000692 11:04 11 S GOVERNORS AVE Wind storm, tornado/hurricane assessment 0.0
08/04/2020 30046 2020-000693 09:03 1175 S GOVERNORS AVE Wind storm, tornado/hurricane assessment 0.3
08/04/2020 30046 2020-000694 10:59 46 W PUNCHEON RUN DR Wind storm, tornado/hurricane assessment 0.0
08/04/2020 30046 2020-000695 11:10 1200 N DUPONT HWY Smoke detector activation, no fire - unintentional 0.3
08/04/2020 30046 2020-000696 11:06 16 GRISTMILL DR Wind storm, tornado/hurricane assessment 0.6
08/04/2020 30046 2020-000697 11:06 1103 WESTVIEW TERR Building or structure weakened or collapsed 0.5
08/04/2020 30046 2020-000698 11:27 812 SUNSET TERR Building or structure weakened or collapsed 0.8
08/04/2020 30046 2020-000699 11:35 161 KENTWOOD DR Wind storm, tornado/hurricane assessment 0.3
08/04/2020 30046 2020-000700 11:52 26 KENTWOOD DR Wind storm, tornado/hurricane assessment 0.3
08/04/2020 30046 2020-000701 12:39 666 S DUPONT HWY Smoke scare, odor of smoke 0.2
08/04/2020 30046 2020-000702 13:30 104 SAULSBURY RD Unintentional transmission of alarm, other 0.2
08/04/2020 30046 2020-000703 13:37 892 SCHOOLHOUSE LN Power line down 0.3
08/04/2020 30046 2020-000704 13:42 97 COMMERCE WAY 101 Steam, vapor, fog or dust thought to be smoke 0.2
08/04/2020 30046 2020-000705 11:38 1241 COLLEGE PARK DR Building or structure weakened or collapsed 0.4
08/04/2020 30046 2020-000706 12:01 1251 COLLEGE PARK DR Building or structure weakened or collapsed 0.3
08/04/2020 30046 2020-000707 09:19 1253 COLLEGE PARK DR Gas leak (natural gas or LPG) 0.3
08/04/2020 30046 2020-000708 11:41 948 FOREST ST Wind storm, tornado/hurricane assessment 0.3
08/04/2020 30046 2020-000709 11:46 21 ROOSEVELT AVE Power line down 0.5
08/04/2020 30046 2020-000710 09:10 13 TAYLOR DR Wind storm, tornado/hurricane assessment 0.3
08/04/2020 30046 2020-000711 12:02 1700 N DUPONT HWY Water or steam leak 0.5
08/04/2020 30046 2020-000712 12:10 904 WHATCOAT DR Wind storm, tornado/hurricane assessment 0.3
08/04/2020 30046 2020-000713 12:53 883 LINCOLN ST Building or structure weakened or collapsed 0.8
08/04/2020 30046 2020-000714 14:44 826 S GOVERNORS AVE System malfunction, other 0.3
Date: 10/08/2020 Page: 1 Time:07:53
Page 170
Date FDID Incident# Alarm ### Address Suite Type Lgth
08/04/2020 30046 2020-000715 16:52 205 ANN AVE Power line down 0.4
08/04/2020 30046 2020-000716 18:20 1173 LONG POINT RD Arcing, shorted electrical equipment 1.1
08/04/2020 30046 2020-000717 23:41 32 W LOOCKERMAN ST Alarm system sounded due to malfunction 0.5
08/05/2020 30046 2020-000718 15:52 1368 ROSE VALLEY SCHOOL RD Motor vehicle accident with injuries 0.6
08/05/2020 30046 2020-000719 19:41 200 BANNING ST 170 Smoke detector activation due to malfunction 0.4
08/06/2020 30046 2020-000720 02:55 30 BERTRAND DR Carbon monoxide incident 1.7
08/06/2020 30046 2020-000721 07:30 209 S STATE ST CO detector activation due to malfunction 0.3
08/06/2020 30046 2020-000722 07:50 N LITTLE CREEK RD Dispatched & canceled en route 0.2
08/06/2020 30046 2020-000723 09:11 1015 S GOVERNORS AVE Gas leak (natural gas or LPG) 0.3
08/06/2020 30046 2020-000724 19:33 200 BANNING ST 170 Smoke detector activation due to malfunction 0.5
08/06/2020 30046 2020-000725 21:17 326 N BRADFORD ST Alarm system sounded due to malfunction 0.3
08/07/2020 30046 2020-000726 17:37 STATE ROUTE 1 Motor vehicle accident with injuries 0.3
08/07/2020 30046 2020-000727 19:58 1706 N DUPONT HWY Alarm system sounded due to malfunction 0.3
08/07/2020 30046 2020-000728 20:09 1200 N DUPONT HWY Alarm system sounded due to malfunction 0.2
08/07/2020 30046 2020-000729 20:15 N WEST ST Water & ice-related rescue, other 0.2
08/07/2020 30046 2020-000730 20:25 S GOVERNORS AVES Water & ice-related rescue, other 0.6
08/08/2020 30046 2020-000731 00:48 9 PAR HAVEN DR C Smoke detector activation due to malfunction 0.5
08/08/2020 30046 2020-000732 09:29 909 N DUPONT HWY Unintentional transmission of alarm, other 0.3
08/08/2020 30046 2020-000733 16:54 43 HOMBERG CIRCLE CO detector activation due to malfunction 0.3
08/08/2020 30046 2020-000734 19:57 649 VISTA AVE 0.4
08/09/2020 30046 2020-000735 01:06 101 BABB DR 0.7
08/09/2020 30046 2020-000736 10:25 1229 GARFIELD DR Good intent call, other 0.4
08/09/2020 30046 2020-000737 14:53 326 N BRADFORD ST System malfunction, other 0.2
08/10/2020 30046 2020-000738 03:05 150 LAKEVIEW DR Smoke detector activation, no fire - unintentional 0.5
08/10/2020 30046 2020-000739 17:21 1525 MCKEE RD Alarm system sounded due to malfunction 0.4
08/10/2020 30046 2020-000740 18:27 326 N BRADFORD ST Smoke detector activation due to malfunction 0.3
08/11/2020 30046 2020-000741 05:06 1061 S LITTLE CREEK RD CO detector activation due to malfunction 0.5
08/11/2020 30046 2020-000742 16:21 S BRADFORD ST & W REED ST Service Call, other 0.3
08/11/2020 30046 2020-000743 17:19 30 S AMERICAN AVE False alarm or false call, other 0.3
08/11/2020 30046 2020-000744 19:42 200 BANNING ST Smoke detector activation due to malfunction 0.3
08/11/2020 30046 2020-000745 20:34 367 TRIBBITT ST Smoke detector activation, no fire - unintentional 0.8
08/11/2020 30046 2020-000746 21:37 1700 N DUPONT HWY BLDG G 104 Water problem, other 0.5
08/12/2020 30046 2020-000747 08:14 WEST NORTH ST/ COMMERCE Rescue, EMS incident, other 0.2
08/12/2020 30046 2020-000748 11:05 625 North Dupont Highway Rescue, EMS incident, other 0.2
08/13/2020 30046 2020-000749 03:40 1574 N DUPONT HWY 50 0.8
08/13/2020 30046 2020-000750 12:56 139 PERIWINKLE DR Detector activation, no fire - unintentional 0.4
08/13/2020 30046 2020-000751 15:41 818 S STATE ST Service Call, other 0.3
08/13/2020 30046 2020-000752 17:15 316 MIMOSA AVE CO detector activation due to malfunction 0.3
08/13/2020 30046 2020-000753 22:34 950 WHATCOAT DR 0.4
08/14/2020 30046 2020-000754 12:41 ROSE VALLEY SCHOOL RD Dispatched & canceled en route 0.1
08/14/2020 30046 2020-000755 16:31 20 W LOOCKERMAN ST Gas leak (natural gas or LPG) 0.8
08/14/2020 30046 2020-000756 18:42 39 S BRADFORD ST Extrication of victim(s) from machinery 0.6
08/15/2020 30046 2020-000757 10:42 343 QUAKER LN Building fire 1.2
08/15/2020 30046 2020-000758 17:49 1030 S GOVERNORS AVE Hazardous condition, other 0.4
08/15/2020 30046 2020-000759 19:51 1300 S FARMVIEW DR C Smoke scare, odor of smoke 0.3
08/15/2020 30046 2020-000760 21:36 1643 S STATE ST Detector activation, no fire - unintentional 0.5
08/16/2020 30046 2020-000761 11:36 870 S GOVERNORS AVE Good intent call, other 0.3
08/16/2020 30046 2020-000762 12:53 200 HARMONY LN Smoke detector activation, no fire - unintentional 0.3
08/16/2020 30046 2020-000763 19:33 21 N STATE ST Smoke detector activation due to malfunction 0.4
08/16/2020 30046 2020-000764 20:36 255 WEBBS LN B Gasoline or other flammable liquid spill 0.5
08/17/2020 30046 2020-000765 11:27 105 KATRINA WAY Alarm system activation, no fire - unintentional 0.7
08/17/2020 30046 2020-000766 13:23 353 N GOVERNORS AVE Alarm system sounded due to malfunction 0.5
08/17/2020 30046 2020-000767 15:56 1420 MCKEE RD REAR Smoke detector activation due to malfunction 0.4
08/17/2020 30046 2020-000768 18:41 200 W LOOCKERMAN ST Public service assistance, other 0.2
08/17/2020 30046 2020-000769 19:10 NORTHDOWN DR Good intent call, other 0.3
08/17/2020 30046 2020-000770 22:48 WHITEOAK RD Passenger vehicle fire 2.1
08/19/2020 30046 2020-000771 04:47 1202 WHITEOAK RD Smoke detector activation, no fire - unintentional 0.4
08/19/2020 30046 2020-000772 12:35 361 QUAILS NEST DR Gas leak (natural gas or LPG) 1.3
08/19/2020 30046 2020-000773 20:48 21 S LITTLE CREEK RD Smoke detector activation, no fire - unintentional 0.2
08/20/2020 30046 2020-000774 10:06 400 COURT ST Removal of victim(s) from stalled elevator 0.3
08/20/2020 30046 2020-000775 12:17 100 SCULL TERR Alarm system activation, no fire - unintentional 0.5
08/20/2020 30046 2020-000776 12:25 1572 N DUPONT HWY Gasoline or other flammable liquid spill 0.3
08/20/2020 30046 2020-000777 13:58 1200 N DUPONT HWY Dispatched & canceled en route 0.0
Date: 10/08/2020 Page: 2 Time:07:53
Page 171
Date FDID Incident# Alarm ### Address Suite Type Lgth
08/20/2020 30046 2020-000778 14:27 198 RUSTIC LA Electrical wiring/equipment problem, other 0.5
08/20/2020 30046 2020-000779 17:28 381 COLLEGE RD Special type of incident, other 0.0
08/20/2020 30046 2020-000780 20:52 134 KENTWOOD DR Authorized controlled burning 0.4
08/21/2020 30046 2020-000781 04:21 3282 N DUPONT HWY 2 Smoke detector activation, no fire - unintentional 0.6
08/21/2020 30046 2020-000782 09:11 209 S STATE ST False alarm or false call, other 0.2
08/21/2020 30046 2020-000783 12:57 124 E Water Street Assist police or other governmental agency 2.3
08/21/2020 30046 2020-000784 21:56 383 N DUPONT HWY Good intent call, other 0.3
08/22/2020 30046 2020-000785 00:12 4654 HALLTOWN RD Extrication of victim(s) from vehicle 1.4
08/23/2020 30046 2020-000786 10:40 1 DOVER HIGH DRIVE Vehicle accident, general cleanup 0.8
08/23/2020 30046 2020-000787 18:12 13 HERITAGE DR Building fire 1.5
08/24/2020 30046 2020-000788 00:31 221 SAULSBURY RD Unintentional transmission of alarm, other 0.7
08/24/2020 30046 2020-000789 05:59 89 KINGS HWY No incident found on arrival at dispatch address 0.3
08/24/2020 30046 2020-000790 08:35 1225 WALKER RD System malfunction, other 0.9
08/24/2020 30046 2020-000791 09:42 414 FEDERAL ST Smoke detector activation, no fire - unintentional 0.3
08/24/2020 30046 2020-000792 17:52 364 BLUECOAT ST Smoke detector activation, no fire - unintentional 0.2
08/24/2020 30046 2020-000793 18:07 600 JEFFERIC BLVD Smoke detector activation, no fire - unintentional 0.6
08/25/2020 30046 2020-000794 05:41 1 DOVER HIGH DRIVE Gasoline or other flammable liquid spill 0.3
08/25/2020 30046 2020-000795 11:12 1362 S GOVERNORS AVE Power line down 0.3
08/25/2020 30046 2020-000796 11:51 222 S DUPONT HWY Smoke detector activation, no fire - unintentional 0.3
08/25/2020 30046 2020-000797 17:56 992 WHATCOAT DR Alarm system activation, no fire - unintentional 0.3
08/25/2020 30046 2020-000798 21:26 LOCHMEATH WAY Extrication of victim(s) from vehicle 0.5
08/25/2020 30046 2020-000799 22:40 1187 OAK DR Cooking fire, confined to container 0.7
08/26/2020 30046 2020-000800 02:36 25 GREENTREE DR Overheated motor 0.3
08/26/2020 30046 2020-000801 03:51 1240 MCKEE RD Removal of victim(s) from stalled elevator 0.2
08/26/2020 30046 2020-000802 11:53 392 STONERIDGE DR 1.3
08/26/2020 30046 2020-000803 19:43 BRYANTS CORNER RD Dispatched & canceled en route 0.1
08/27/2020 30046 2020-000804 04:08 1983 NAULT RD Heat from short circuit (wiring), defective/worn 0.3
08/27/2020 30046 2020-000805 04:29 631 RIDGELY ST System malfunction, other 0.7
08/27/2020 30046 2020-000806 10:37 1200 N DUPONT HWY Good intent call, other 0.6
08/27/2020 30046 2020-000807 13:17 529 S DUPONT HWY Good intent call, other 0.3
08/27/2020 30046 2020-000808 20:07 1200 N DUPONT HWY 0.3
08/28/2020 30046 2020-000809 13:19 29 HOYLAKE CT Smoke detector activation, no fire - unintentional 0.2
08/28/2020 30046 2020-000810 18:01 911 KENTON RD Extinguishing system activation due to malfunction 0.2
08/28/2020 30046 2020-000811 21:52 14 HUNTLEY CIR Animal rescue 1.8
08/29/2020 30046 2020-000812 14:35 928 MCDOWELL DR Carbon monoxide detector activation, no CO 0.5
08/30/2020 30046 2020-000813 08:14 835 BAY RD Citizen complaint 0.4
08/30/2020 30046 2020-000814 11:31 446 COUNTRY DR Gas leak (natural gas or LPG) 0.5
08/30/2020 30046 2020-000815 15:26 1300 S FARMVIEW DR M-9 Cooking fire, confined to container 0.4
08/30/2020 30046 2020-000816 17:10 820 CARVEL DR D Cooking fire, confined to container 0.5
08/31/2020 30046 2020-000817 16:32 1084 S STATE ST Detector activation, no fire - unintentional 0.6
Total Number of Incidents: 162
Total Length of Incidents: 76.3 Hours
Page 172
11 :04AM Robbins Hose Company# 1, Inc.
09/13120 Profit & Loss Budget vs. Actual
Accrual Basis July through August 2020
Jul• Aug 20 Budget $ Over Budget % of Budget
Ordinary Income/Expense
Expense
Personnel & Office Expenses
201 · Contract Employee 7,405 20 .38, 100 00 -30,694 80 194%
202 · Contract Services-Account! ... as.oo 1,020 00 -935 00 83%
203 · Office Supplies 80.47 t ,000 00 -919 5.3 8.0%
204 · Training & Travel Expenses -260 00 12,000 00 -12,260 00 -22%
Total Personnel & Office Expenses 7 3i0 57 52,120 JO -44.809.33 14 0%
Repairs & Maintenance
101 · Equipment Repairs 25,131 22 135.0CO OD -10981878 1a 7%
102 · Fuel 1 376 53 1~5COOO -11,62347 139¾
103 · Medical Supplies ,J QO 1 000 00 - 1.DOD.DO 00%
104 · Other Equipment Repairs 730 00 1.500 QC -770.00 487%
105 · Radio Repairs 174 35 1.CCO 00 -825 05 17 5%
106 · Program Expenses 12 ,279 30 34,0CO CO -21,720 70 36 1%
107 · Small Tools 662 13 2.000 00 -1,33787 331%
Total Repairs & Maintenance 40,904 13 188.0CO 00 -147,095 87 21 8%
Uniforms
301 · Safety & Security Material 0 00 500 00 -50000 00%
302 · Firefighting Gear 24 975 50 29,000 00 -4,024 50 861%
303 · Officer Uniforms & Misc. Eq... a oo 1,500 00 -1,500.00 0.0%
304 · Dispatchers Uniforms 116 70 1,500.00 -1,383.30 7.8%
Total Uniforms 25,092 20 32,500 00 -7,407 80 772%
Utillttes
401 · Building Maintenance Supp... 0.00 250 00 -250.00 0.0%
402 · Electric 6,440 06 37 500 00 -31,059 ,94 172%
403 · Natural Gas 308 50 12.000.00 -11.691 .50 2.6%
404 · Telephone 1,271 93 7,500 00 -6,228 .07 170%
405 · Water/Sawer 274.22 2,000 00 -1.725 .78 13.7%
Total Utilities 8,294 71
- ---
59,250 00 -50.955.29 140%
Total Expense 81.601 71 331,870.00 -250,268.29 24,6%
Net Ordlna,y Income -81 601 71 -331,870 00 250,268 29 24.6%
Other Income/Expense
Other Expense
80000 · Ask My Accountant 2.00
Total Other Expense 2.00
Net Other Income -2.00 0.00 -2.00 100.0%
Net Income -31,603.71 -331,870.00 250,266.29 24.6%
Page f
Page 173
10:49AM Robbins Hose Company # 1, Inc.
09/13/20 Profit & Loss Budget vs. Actual
Accrual Baals July through August 2020
Jul-Aug 20 Budget $ DverBud ... % of Budget
Ordinary Income/Expense
Expense
Attorney Faes 000 1,000.00 -1,00000 0.0%
Building Maintenance 28,628.28 60,000.00 -31.371.72 47.7%
Chief Misc. 134 55 2,500 00 -2,365 45 5.4%
Computer 4,941 .88 30,000 00 -25,058 12 16.5%
Dues & Conferences 3,500 00 6,00000 -2,500 00 58 3%
Fire Prevention 0.00 1,700 00 -1,700 00 00%
Fire Rehab 0.00 1,000.00 -1,00000 00%
Fire Training 000 28,117 00 -28.117 00 00%
Fund Drive Expanses 0.00 13,000 00 -13,000 00 00%
Historical 0 00 1,000.00 -1,000.00 00%
Insurance 0 00 65,000 00 -65,000 00 00%
Merchandising -406 10
Mortgage Payment- Statlo... 41,284 02 248,000 00 -206,715 98 166%
New Truck Expenses 2,33400
Office Supplies 174,29 1,500 00 -1,325.71 116%
Pagers 000 2 500 00 -2 500 00 0.0%
Pending Projects 10,995 25
Pension 0.00 55,00000 -55 ,000 00 00%
Personnel 0 00 2,500 00 -2,500.00 0.0%
Pre Planning 0.00 1,500 00 -1,500 00 00%
President Misc. 000 2,50000 -2,500 00 00%
Public Relations 0.00 1,000 00 -1,000 .00 00%
Refreshments 248 29 8,000.00 -5,751 .71 41%
Special Affairs 000 20,000.00 -20,000.00 0.0%
Sunshine 45 99 1,000.00 -954 .01 4 6%
Treasurer 000 11,000.00 -11 ,000 00 0.0%
Turnout Gear 0.00 32,50000 -32,500.00 0.0%
Uniforms 6.45 3,000 00 -2,993.55 02%
Weight Room 0.00 4,000.00 .Jl,000.00 0.0%
Total Expense 91,886 90 601,317 .00 -509,430 10 15.3%
-- - -
Net Ordinary Income -91,886.90 -601 ,317 00 509,430 10 15.3%
Net Income -91,888.90 ~01,317.00 509,430.10 15.3%
------ -···-
~
Page 1
Page 175
DEPARTMENT OF POLICE
Thomas A. Johnson, Jr. 400 South Queen Street
Chief of Police Dover, Delaware 19904
302-736-7111
October 12, 2020
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 for Dover Police Department activities for the month of August
2020:
COMPLAINTS
Total complaints received through August 31, 2020 numbered 21,791 this is a decrease of 6,039
complaints over the same period last year.
40,000
29,402 28,398 29,257 27,830
30,000
21,791
20,000
10,000
0
2016 2017 2018 2019 2020
CRIMINAL INVESTIGATIONS
8
6 6
6
4
2
0
0
•
0
Burglary
0
---
1
Cases Reported in August
1
Robbery
1
•
0 0
Rape
I
3
Cases Cleared In August
•
0 0
Homicide
0
II Sudden Death
Cases Cleared from Previous Months
0
1|Page
Page 176
DRUGS, VICE, & ORGANIZED CRIME (DVOC) AND STREET CRIMES SECTION SEIZURES
Along with the drug seizures listed below, the units also recovered. $153.00 during the month of August.
40.00 30
24.68
20.00
0.00
•
Marijuana
0
Cocaine
0
Ecstasy (Doses) Prescription Pills
(Doses)
1.96
Heroin
• GRAMS/DOSES
FIREARM SEIZURES/INSIDE CITY LIMITS
4 3
3
2
1
0
- -
1
0
CI
0
1
0 0
DVOC/STREET CRIMES
• HANDGUN • RIFLE • SHOTGUN
I 0
PATROL
0 0 0
SEU
0
COMMUNITY POLICING & CADETS
COMMUNITY POLICING CONTACTS
ABANDONED VEHICLES 0
ALCOHOL VIOLATIONS/DUI’S 0 CADETS CONTACTS
ASSIST OTHER 26 PARKING 0
WARRANTS ON FILE 2 SMOKING 0
CRIMINAL ARRESTS 0 OPEN CONTAINER 1
PARKING DCO’S 0 LOUD NOISE 0
LOUD MUSIC 0 OTHER DCO’s 1
MISCELLANEOUS DCO’S 2 PROPERTY CHECKS 0
PARKING COMPLAINTS 0 BUSINESS CONTACTS 14
PEDDLER 0 LIBRARY CHECKS 2
COMMUNITY OUTREACH 75 COMPLAINTS ASSIGNED 8
CRIME PREVENTION CHECK 0 SPECIAL EVENTS 0
TRAFFIC ARRESTS 0 TOTAL CONTACTS 26
BIKE PATROL 0
PROPERTY CHECKS 27
WARNINGS 0
TOTAL CONTACTS 132
2|Page
Page 177
STREET CRIMES
STREET CRIMES
ENFORCEMENT CONTACTS
ABANDONED VEHICLES 0
ALCOHOL VIOLATIONS/DUI'S 0
ASSIST OTHER 0
WARRANTS ON FILE 0
CITY PARK VIOLATIONS 0
CRIMINAL ARRESTS 6
DRUG RELATED ARRESTS 3
LOUD MUSIC 0
MISCELLANEOUS VIOLATIONS 0
PARKING VIOLATIONS 0
PEDDLER 0
MEETINGS 0
CURFEW CHECKS 120
CRIME PREVENTION CHECKS 0
TRAFFIC ARRESTS 1
WARNINGS 0
FUGITIVES 0
DCO'S 0
PROSTITUTION 0
TOTAL CONTACTS 130
TRAFFIC ARRESTS
The department issued 3,239 traffic citations through this reporting period; this is a decrease of 3,191
citations over the number issued during the same period last year.
12,000 11,256
10,000
8,231
8,000
6,205 6,430
6,000
4,000 3,239
2,000
0
2016 2017 2018 2019
I
2020
3|Page
Page 178
TRAFFIC CRASHES
1000
899
900
800
700
600
500
403
400
300
200
100
0
Thru August
• Reportable • Non-Reportable
911 Center
During the month of August, the Dover Police Department handled 7,286 calls, a decrease of 475 calls
received during the same period last year.
10,000
9,174 9,038
9,000
8,105
8,000 7,761
7,286
7,000
6,000
5,000
4,000
3,000
2,000
1,000
0
•2016
• 2017
•
2018
• 2019 D 2020
4|Page
Page 179
CITY ORDINANCE SUMMONS
Through August 31st, 2020, we issued 2,333 city ordinance summons, a decrease of 1,001 summonses for
the same period last year.
6,000
4,763
5,000 3,997
4,000 3,401 3,334
3,000 2,464 2,333
2,072
1,613
2,000 1,242 898
1,000
0
2016 2017 2018 2019 2020
ISSUED 4,763 3,997 3,401 3,334 2,333
PAID 2,464 2,072 1,613 1,242 898
SEX OFFENDER STATISTICS/AUGUST
MONTHLY NON COMPLIANT
VERIFICATIONS NOTIFICATIONS
REVERIFICATIONS WARRANTS
TIER 1 0 0 0 0
TIER 2 17 1,581 34 0
TIER 3 07 651 28 0
ACTIVE SEX OFFENDERS THAT RESIDE IN THE CITY OF DOVER (please note, Tier 1
offenders are not contacted by Dover Police Sex Offender Agents).
250
194 195
200
150
98
100 88
50
0
JULY AUGUST
• TIER 2 194 195
• TIER 3 98 88
(Please note, Tier 1 offenders are not contacted by Dover Police Sex Offender Agents)
5|Page
Page 180
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
6|Page
Page 181
FIRST READING
CITY OF DOVER ORDINANCE #2020-12
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3
4 That Chapter 106 - Traffic and Vehicles, Article III. - Stopping, Standing and Parking – Division 2. –
5 Metered Parking, be amended by inserting the text indicated in blue font and deleting the text indicated in
6 red strikeout as follows:
7
8 DIVISION 2. - METERED PARKING
9
10 Sec. 106-161. - Payment for leasing parking meters.
11
12 The payment for the leasing or purchase of parking meters within the designated area is to be
13 provided by the Downtown Dover Partnership solely from the receipts, funds and revenues obtained by
14 the city Partnership from the operation of parking meters systems.
15
16 (Code 1968, § 31-72; Code 1981, § 13-46)
17
18 Sec. 106-162. - Marking parking spaces and erecting meters.
19
20 (a) Upon those streets or portions of streets which the city council has designated as parking meter
21 zones, the city manager shall cause parking spaces to be marked on the curb or pavement, or by
22 other appropriate means, and shall cause a parking meter to be erected at each space so marked the
23 Downtown Dover Partnership shall be authorized to install a parking meter at each space or series
24 of spaces so marked, as they deem appropriate.
25
26 (b) The city council may authorize the city manager to enter into an agreement with the Downtown
27 Dover Partnership to manage parking on city-owned lots within the designated area and extend the
28 installation and management of a parking system thereon.
29
30 (Code 1968, § 31-70; Code 1981, § 13-47)
31
32 Sec. 106-163. - Use of meters required.
33
34 (a) Payment. Upon entering a parking meter zone when the parking meter regulations are in effect,
35 the operator of a vehicle shall immediately make the required payment in U.S. currency by coin,
36 cash, debit card, credit card, or other acceptable method of payment, in the parking meter situated
37 at or near the parking space and operate the meter according to the instructions thereon. Failure to
38 make the required payment shall result in a fine as provided for in Appendix F—Fees and Fines in
39 accordance with the provisions of Sec. 106-212 - Downtown Dover Partnership authority and
40 Parking limitations., fines and fees, set by the Downtown Dover Partnership.
41
42 (b) Payments accepted. All parking meters shall be adjusted so that when properly operated, payments
43 may be made at any time throughout the time range of the meters, with each payment permitting
44 the vehicle to be parked in a metered parking space for a period as provided for in Appendix F—
45 Fees and Finesin accordance with the provisions of Sec. 106-212 - Downtown Dover Partnership
46 authority and Parking limitations., fees and fines, set by the Downtown Dover Partnership.
47
Page 182
Proposed Ordinance #2020-12 - Chapter 106 – Traffic and Vehicles Page 2
48 (c) Overtime parking. It shall be unlawful for any person to allow a vehicle to remain parked in a
49 parking meter zone for a period of time in excess of that prescribed in subsection (b) of this section
50 for the particular payment. It shall be prima facie evidence of an overtime parking violation when
51 the parking meter shall indicate by proper signal that the lawful parking period has expired.
52
53 (d) Exceptions. The use of parking meters shall not be required on Sundays and legal holidays.
54
55 (Code 1968, §§ 31-73, 31-74; Code 1981, § 13-48; Ord. No. 2009-09, 6-22-2009; Ord. No. 2015-09, 6-8-
56 2015 )
57
58 Sec. 106-164. - Violations; penalties.
59
60 (a) Generally. Any person convicted of violating the provisions of this article or of aiding, abetting or
61 assisting in the violation of said provisions shall be sentenced to pay a fine as provided for in
62 Appendix F—Fees and Fines.
63
64 (b) Enhanced civil enforcement authority. If three or more violations of this article have been issued
65 to a vehicle and those violations are more than 30 days past due, or if accumulated unpaid
66 violations of this article exceed more than $100.00, the vehicle shall be subject to enhanced civil
67 enforcement, as follows:
68
69 (1) Such vehicle found parked on any street in the city shall be immobilized by any police
70 officer or parking enforcement employee of this city in such manner as to prevent its
71 operation. Any vehicle so immobilized or impounded shall not be released to its lawful
72 owner until all unpaid violations and applicable administrative fees issued to such owner
73 have been discharged by payment in full, together with payment for the costs of
74 immobilizing, releasing, and storing such vehicle. The owner shall sign a receipt for such
75 vehicle. Payment for any such towing shall be in accordance with the towing costs outlined
76 in the current agreement between the police department and the towing operator. If the
77 vehicle is a tractor-trailer combination, the trailer may be released to an authorized agent
78 if the tractor-trailer is immobilized pursuant to this section.
79
80 (2) In any case involving immobilization of a vehicle pursuant to this section, the police officer
81 or parking enforcement employee shall place on such vehicle, in a conspicuous manner,
82 notice sufficient to warn any individual that such vehicle has been immobilized and that
83 any attempt to move such vehicle might result in damage to such vehicle.
84
85 (3) Any vehicle remaining immobilized and not released for 24 hours may be towed and
86 impounded at the direction of a police officer or parking enforcement employee.
87
88 (4) Any person who unlawfully removes a device for immobilization of a vehicle shall be fined
89 as provided for in Appendix F—Fees and Fines.
90
91 (5) Any person who tows or otherwise moves an immobilized vehicle without authorization
92 by the chief of police or his designee shall be fined as provided for in Appendix F—Fees
93 and Fines.
94
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Proposed Ordinance #2020-12 - Chapter 106 – Traffic and Vehicles Page 3
95 (c) Cost. No cost will be assessed if payment of the penalty as hereinbefore imposed is voluntarily
96 paid without the necessity of a hearing before the proper official.
97
98 (Code 1968, § 31-77; Ord. of 8-25-1971, § 1; Code 1981, § 13-49; Ord. No. 2009-09, 6-22-2009; Ord.
99 No. 2011-22, 9-26-2011; Ord. No. 2015-09, 6-8-2015 ; Ord. No. 2015-16, 10-26-2015 ; Ord. No. 2016-
100 05, 2-22-2016 )
101
102 Secs. 106-165—106-180. - Reserved.
103
104 BE IT FURTHER ORDAINED:
105
106 That Chapter 106 - Traffic and Vehicles, Article III. - Stopping, Standing and Parking – Division 3. –
107 Removal and Disposition of Illegally Parked or Abandoned Vehicles, Sec. 106-181. - Definitions, be
108 amended by inserting the text indicated in blue font and deleting the text indicated in red strikeout as
109 follows:
110
111 The following words, terms and phrases, when used in this division, shall have the meanings
112 ascribed to them in this section, except where the context clearly indicates a different meaning:
113
114 Enforcement officer means the health inspector any duly authorized person granted authority in
115 writing to enforce parking regulations by the Downtown Dover Partnership or any member of the police
116 department.
117
118 (Code 1981, § 13-56)
119
120 BE IT FURTHER ORDAINED:
121
122 That Chapter 106 - Traffic and Vehicles, Article III. - Stopping, Standing and Parking – Division 4. –
123 Downtown Parking, be amended by inserting the text indicated in blue font and deleting the text indicated
124 in red strikeout as follows:
125
126 DIVISION 4. - DOWNTOWN PARKING
127
128 Sec. 106-211. - Definitions.
129
130 As used in this division, all terms shall have the same meaning as provided in 21 Del. C. § 101 et
131 seq., unless the context requires otherwise. In addition, the following terms shall have the meanings
132 indicated:
133
134 Designated area means those areas streets or portions of streets within the downtown business
135 district and any city-owned parking lot controlled by the city parking authority so designated by the city
136 council as parking meter zones to be controlled by the Downtown Dover Partnership.
137
138 Downtown business district means that part of the city bounded by and including South State
139 Street, North Street, Queen Street and Reed Street, and any other areas designated by the chief of police
I
140 -
and the city manager.
141
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142 (Code 1981, § 13-70; Ord. of 12-11-1995)
143
144 Sec. 106-212. -– Downtown Dover Partnership authority and Parking limitations.
145
146 (a) Overtime parking. No person shall stop, stand or park a vehicle within any designated area for a
147 longer period of time than is permitted by the applicable traffic control device.
148
149 (b) Evading time limits. No person shall move a vehicle from one parking space to any other parking
150 space for the purpose of evading time limitations on parking. There shall be a rebuttable
151 presumption that any vehicle that is moved from one space to another space in the immediate area
152 has been moved for the purpose of evading time limitations on parking.
153
154 (c) Second ticket. A second parking ticket may be issued for the same violation, provided that more
155 than two hours have elapsed since the issuance of the first ticket. No more than two parking tickets
156 may be issued per day for violating subsection (a) of this section.
157
158 (d) Towing of vehicles. Vehicles parked in a time-limited zone in excess of 24 hours may be towed.
159
160 (d)(e) Within the designated area, the Downtown Dover Partnership shall have the authority to establish
161 parking regulations and policies consistent with Chapter 106 – Traffic and Vehicles, as deemed
162 appropriate, including, but not limited to, the installation of parking meters, setting and collection
163 of parking fees, enforcement of parking regulations and collection of fines, and shall retain all
164 receipts therefrom.
165
166 (Code 1981, § 13-71; Ord. of 12-11-1995; Ord. of 10-22-2007)
167
168 Secs. 106-213 – Effective date and duration:
169
170 This ordinance shall be effective upon the designation of the parking meter zones and shall be
171 reviewed at the end of the first two years and at least every five years thereafter to ensure that the purposes
172 of this ordinance are being achieved and may be void if not effective.
173
174 Secs. 106-214—106-234. - Reserved.
175
176
177 ADOPTED: *
178 S:\ORDINANCES\2020\DRAFT\ORDINANCE #2020-12 - CH 106 - TRAFFIC AND VEHICLES\PROPOSED ORDINANCE #2020-12 - CHAPTER 106 - TRAFFIC AND VEHICLES.DOCX
179
180 SYNOPSIS
181 This ordinance grants the authority to the Downtown Dover Partnership to install and manage parking
182 meters within parking meter zones designated by the City Council in the Downtown Development District,
183 and to retain the proceeds from such operation.
184
185 (SPONSORS: NEIL AND HUGG)
186
187 Actions History:
188 10/12/2020 – Scheduled for First Reading – City Council
189 09/29/2020 – Introduction – Council Committee of the Whole/Safety Advisory and Transportation Committee
Page 185
CITY OF DOVER PROPOSED ORDINANCE
STAFF SUBSTITUTE #2 WITH CCW #1 FOR ORDINANCE #2020-05
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3 That Chapter 22 - Buildings and Building Regulations, Article IX - Lodginghouses, Section 22-281 -
4 Purpose; Applicability; Definitions; Compliance (c) Definitions be amended by inserting the text
5 indicated in blue and deleting the text indicated in red strikeout for the following definition:
6 (1) Lodginghouse means a building operated principally for the temporary residence of
7 the transient public, including but not limited to hotels, motels, inns,
8 boardinghouses, rooming houses, tourist homes, and dormitories.
9 BE IT FURTHER ORDAINED:
10 That Chapter 22 - Buildings and Building Regulations, Article X - Rental Dwellings, Division 2 -
11 Permit, be amended by inserting the text indicated in blue and deleting the text indicated in red
12 strikeout as follows:
13 - - . - Reserved.
Secs. 22-353—22-369355
14 BE IT FURTHER ORDAINED:
15 That Chapter 22 - Buildings and Building Regulations, Article X - Rental Dwellings, Division 3 -
16 Safe Communities be renumbered as Division 4.
17 BE IT FURTHER ORDAINED:
18 That Chapter 22 - Buildings and Building Regulations, Article X - Rental Dwellings, be amended
19 by adding a new Division 3 - Short Term Rental Use, as follows:
20 DIVISION 3. - SHORT TERM RENTAL USE
21 Section 22-356. Purpose; applicability; definitions; compliance.
22 (a) Purpose. The City of Dover wishes to permit the limited and temporary rental use of
23 one family dwellings (residences) in established areas of the City as an economic
24 asset, allowing for increased travel, visitation and tourism and affording property
25 owners of the opportunity to earn revenue from such occupancy, while ensuring that
26 such uses do not become a nuisance, that neighborhood character is not
27 compromised, and that such businesses are properly operated and maintained. The
28 purpose of this Division shall be to minimize public safety risks and public
29 nuisances, such as noise, trash and parking problems; to ensure that traditional
30 neighborhoods are not turned into tourist areas to the detriment of long-term
31 residents; and to ensure that individual dwellings are not turned into pseudo hotels
32 or party houses.
33 (b) Applicability. A Short Term Rental Use (STRU) shall be allowed in any one family
34 dwelling as defined in Appendix B - Zoning, Article 12 - Definitions of the Zoning
35 Ordinance wherever such are allowed by right and do not require a variance or
36 conditional use approval.
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37 (c) Definitions. The following words, terms and phrases, when used in this article, shall
38 have the meanings ascribed to them in this section, except where the context clearly
39 indicates a different meaning:
40 (1) Good Neighbor Brochure means a document provided by the owner to the
41 guest or guests and containing: the name and telephone number for the
42 owner; notification on standards of behavior and occupancy relating to
43 parking, noise, trash collection, waste disposal, street maintenance, snow
44 removal, and public safety services and including contact and web access
45 information; and such other information as the City may from time to time
46 prescribe.
47 (2) Guest or guests means the individual or individuals securing the Short Term
48 Rental Use for the purposes of staying overnight.
49 (3) Owner means the person or persons holding legal or equitable title to the
50 property being offered as a Short Term Rental Use.
51 (4) Short Term Rental Use (STRU) means rental of all or part of a residential one
52 family dwelling unit for a duration of a temporary occupancy of less than 30
53 days. Rentals of 30 days or more shall comply with the provisions of
54 Divisions 1 and 2 of this Chapter.
55 (d) Compliance. No person shall operate, offer for occupancy or let to another for
56 occupancy as a Short Term Rental Use any dwelling which is not in compliance with
57 this Article or any other applicable codes.
58 Section 22-357. Registration and Inspection Requirements; Inspection required for life safety
59 and building purposes. Short-Term Rental Use License Required.
60 (a) The Owner of any dwelling proposed for a Short Term Rental Use must obtain an
61 annual Short Term Rental Use license.
62 (b) An inspection by the City of Dover code enforcement office shall be required to
63 determine compliance with City Property Maintenance, Life Safety and Building
64 Codes. Any items in non-compliance shall be remedied before a license is granted.
65 The inspection shall be required the first time a license is issued and may be required
66 at renewal at the discretion of the code enforcement office. The rental license must
67 be kept current during anytime the dwelling is offered as a Short Term Rental Use.
68 (c) The license shall be valid for up to one year and must be renewed no later than
69 January 31 of each year of continued operation.
70 (d) The Short Term Rental Use license must be clearly displayed inside the dwelling
71 along with any state licenses or permits.
72 (e) The Short Term Rental Use license may not be transferred to any party except heirs
73 and assigns and shall be void upon transfer of ownership of the property where the
74 Short Term Rental Use is located.
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STAFF SUBSTITUTE (SS#2) FOR ORDINANCE #2020-05 PAGE 3
75 Section 22-358. Owner obligations.
76 An Owner of a dwelling seeking to use a property as a Short Term Rental Use shall comply
77 with the following obligations:
78 (a) The Owner of the property being offered as a Short Term Rental Use must be a
79 resident of the City of Dover. Determination of residency shall be based on meeting
80 City of Dover voting residency eligibility. Such owner may offer for Short Term
81 Rental Use only that property which is the owner's primary residence.
82 (b) A property not owned by a resident of the City of Dover shall not be used as a Short
83 Term Rental Use. Such property shall not be used for overnight accommodations
84 unless such property qualifies as a Bed and Breakfast Inn pursuant to Dover Code,
85 Appendix B - Zoning, Article 3 - District Regulations.
86 (c) A Good Neighbor Brochure must be provided in the dwelling listing City provisions
87 as required.
88 Section 22-359. Limitations on occupancy and use.
89 (a) The number of guests 12 years and older permitted at any time shall not exceed twice
90 the number of bedrooms (i.e. 3 bedrooms x 2 = 6 occupants), with a maximum of 12
91 individual occupants of all ages at any one time regardless of the number of
92 bedrooms available.
93 (b) No more than 1 extra vehicle per bedroom shall be allowed, not to exceed 6 extra in
94 total; all parking shall comply with all requirements relating to street maintenance,
95 fire access, parking on paved surfaces, trash collection, obstacles to travel, or other
96 requirements. Violations shall be ticketed offenses.
97 (c) Signage identifying the Short Term Rental Use, if desired, shall be limited to one
98 sign, mounted on the dwelling, not illuminated, and not to exceed one (1) square feet
99 in size overall. A sign permit must be obtained for any desired sign.
100 (d) Access to a full bath must be provided.
101 (e) Guests shall be prohibited from further subletting the dwelling.
102 (f) Weddings, graduation parties, corporate events, commercial functions, large
103 gatherings, or other special events associated with the STRU shall be prohibited
104 unless a City of Dover Special Event Permit shall have been granted for a specific
105 activity and date.
106 (g) The Owner has the responsibility to not knowingly allow any illegal or criminal
107 activity on the property nor permit the guests to create a public nuisance including,
108 but not limited to, creating noise, causing odors, permitting an unsafe condition,
109 maintaining a disorderly premise, generation of trash, or other behavior which
110 unreasonably disturbs the peace, safety and general welfare of the neighborhood as
111 provided in this Chapter and pursuant to Chapter 70 - Offenses and Miscellaneous
112 Provisions, Section 70-8 - Disorderly Premises and Chapter 42 - Environment,
113 Section 42-2 - Noise of the Dover Code of Ordinances.
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114 Section 22-360. Enforcement, Fees and Penalties, Reporting.
115 (a) Short term rental license. Payment of a Short Term Rental Use license fee as set forth
116 in Appendix F - Fees and Fines is required annually beginning January 31 of each
117 year; the fee will be prorated for a partial year.
118 (b) Failure to register and obtain a license. Penalties fines for failure to register and
119 obtain a license shall be as set forth in Appendix F - Fees and Fines.
120 (c) Penalties for violations. Penalties for violations of Division 3, Short Term Rental
121 Use, shall be as set forth in Appendix F - Fees and Fines.
122 (d) A dwelling cited three times by the Code official or by any City department as a
123 nuisance or the location of illegal or criminal activity within any consecutive
124 12-month period shall have its Short Term Rental Use license suspended for not less
125 than the rest of the license year or a longer period up to permanently.
126 (e) The Owner shall voluntarily report to the City annually documenting the occupancy
127 and frequency of rentals obtained, such report to be completed by January 31 of the
128 following year as part of the license renewal and for the purposes of building a
129 database of STRU activity and economic impact, not for enforcement or tax
130 purposes.
131 Section 22-361. Enforcement, Notice and Appeals.
132 Enforcement of violations of this Division shall be as set forth in Chapter 22 - Buildings and
133 Building Regulations, Chapter 42 - Environment, and Chapter 70 - Offenses and Miscellaneous
134 Provisions of the Code of Ordinances.
135 Secs. 22-362—22-369. - Reserved.
136 BE IT FURTHER ORDAINED:
137 That Appendix B - Zoning, Article 12 - Definitions, be amended by inserting the text indicated in
138 blue and deleting the text indicated in red strikeout in the following definition:
139 Family: One or more persons occupying a dwelling unit as a single nonprofit housekeeping
140 unit. More than five persons, exclusive of domestic servants, or not more than one boarder
141 or roomer, not related by blood, marriage or adoption, shall not be considered to constitute
142 one family.
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143 BE IT FURTHER ORDAINED:
144 That Appendix F - Fees and Fines, Chapter 22 - Buildings and Building Regulations, Article X -
145 Rental Dwellings be amended by adding Section 22-360 - Enforcement, Fees and Penalties,
146 Reporting in its correct numerical order, as follows:
147 Sec. 22-360. Enforcement, Fees and Penalties, Reporting.
148 Subsec. (a) Short Term Rental License $100.00 annually, prorated for partial year
149 Subsec. (b) Failure to register and obtain a license. $100.00 (not prorated) in addition to license.
150 Subsec. (c) Penalties for violations. $100.00 per offense
151 ADOPTED: *
152 S:\ORDINANCES\2020\DRAFT\ORDINANCE #2020-05 - CH 22-BUILDING, ART X-RENTAL DWELLINGS - SHORT TERM USE\SS#2 WITH CCW#1- ORD #2020-05-SHORT TERM
153 RENTAL UNITS.wpd
154 SYNOPSIS
155 This Ordinance recognizes that Short Term Rentals are an economic asset, allowing for
156 increased travel, visitation and tourism and affording property owners of the opportunity to
157 earn revenue from such occupancy, while setting forth the purposes and establishing
158 regulations to ensure that such uses do not create public safety risks or become nuisances.
159 The Ordinance establishes an annual licensing process and sets forth owner's rules,
160 responsibilities and obligations with limits on frequency of rental and occupancy. It provides
161 safeguards to protect established neighborhoods, address nuisances, provide notice, and
162 address complaints. It also includes provisions for reporting, enforcement and penalties for
163 violations. Finally, it makes corrective amendments in the Code to ensure consistency.
164 (SPONSORS: HARE AND HUGG)
165 Actions History
166 10/12/2020 - Staff Substitute #1 with CCW/LF&A Amendment #1 Scheduled for First Reading - City Council
167 05/11/2020 - Staff Substitute Scheduled for Introduction - City Council
168 02/25/2020 - Introduced - Council Committee of the Whole/Legislative, Finance, and Administration Committee
169 (referred back to Staff)
Page 190
FINAL READING
CITY OF DOVER PROPOSED ORDINANCE #2020-11
WITH COMMITTEE AMENDMENT #1 (CA#1)
Committee amendments are indicated in green font
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
2 COUNCIL MET:
3 That Chapter 46 - Fire Prevention and Protection, Article II - Fire Department, Division 1 - Generally
4 of the Dover Code be amended by inserting the text indicated in blue and deleting the text indicated
5 in red, strikeout as follows:
6 ARTICLE II. - FIRE DEPARTMENT
7 DIVISION 1. - GENERALLY
8 Sec. 46-41. - Created; purpose.
9 There is hereby created a city fire department, which shall protect and prevent against the hazard of
10 fire. Robbins Hose Company No. 1, Inc., is hereby recognized and designated as the fire company
11 of the city in accordance with the city Charter and this Code.
12 (Code 1968, § 2-45; Code 1981, § 7-16; Ord. of 4-9-1990)
13 Sec. 46-42. - Control; board of directors.
14 (a) City council. The city council shall have general control of the fire department and
15 shall enact rules and regulations to govern its conduct.
16 (b) Board of directors. The fire department shall have a board of directors or other
17 governing body, which shall control and prescribe rules for the maintenance and use
18 of all fire department apparatus in its custody, provided such rules shall not be in
19 conflict with any provision of this Code.
20 The Fire Chief and President of the Fire Department will be the liaisons from the Fire Department
21 to the City of Dover. Any rules and regulations will be negotiated between the Fire Department and
22 City of Dover and approved by the Fire Department membership and City Council.
23 (Code 1968, § 2-46; Code 1981, § 7-17)
24 Sec. 46-43. - Semiannual inspections.
25 In the months of April and October of each year, the city manager shall inspect the fire department
26 with the Fire Chief and President, make inquiries as to the standing and efficiency of the fire
27 companies, investigate the capabilities of the officers of the fire department and the operators of fire
28 department apparatus, and make a report to the city council, in writing, stating the results of his their
29 inspection and investigation and making those recommendations which he they may deem proper.
30 (Code 1968, § 2-47; Code 1981, § 7-18)
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31 Sec. 46-44. - Right to use of fire apparatus in emergency.
32 (a) Duty of fire chief. Upon the request of the city manager or his authorized agent, the
33 fire chief shall call to his use and assistance any apparatus in the fire department
34 which is maintained, in whole or in part, by the city in any fire-related emergency
35 arising within the city.
36 (b) Return of apparatus. The apparatus shall not be kept away from the firehouse where
37 it is usually kept longer than is necessary to abate the emergency.
38 (Code 1968, § 2-48; Code 1981, § 7-19)
39 Sec. 46-45. - Failure to answer alarms, orders and perform duties orderly.
40 (a) Duties of companies and members. It shall be unlawful for any active fire company
41 in the fire department not to respond to all fire alarms unless excused by the fire
42 chief. It shall be unlawful for any active member or officer of any fire company in the
43 fire department to refuse to obey the orders of a superior officer or to engage in
44 riotous or disorderly conduct while required to perform lawful duties.
45 (b) Penalties. Violations of this section shall be punishable as provided in Appendix
46 F—Fees and Fines or by suspension from the fire department by the fire chief, or
47 both. Violation of this section by the fire chief shall be punishable as provided in
48 Appendix F—Fees and Fines or by suspension from the fire department by the city
49 council, or both.
50 (Code 1968, § 2-65; Code 1981, § 7-20; Ord. No. 2009-09, 6-22-2009)
51 Sec. 46-46. - Appeal of suspension.
52 Upon suspension from the fire department, the suspended member, officer or fire company shall
53 have the right to appeal to the city council, which, upon giving notice and an opportunity to be heard
54 to those persons concerned, shall confirm the suspension or reinstate the member, officer or fire
55 company.
56 (Code 1968, § 2-66; Code 1981, § 7-21)
57 Sec. 46-47 46-44. - Interference with discharge of duty.
58 It shall be unlawful for any unauthorized person to break through the established fire barriers at a
59 fire, to refuse to move from within the fire barriers or to, in any manner, interfere with or hinder any
60 member of the fire department in the discharge of his their duties.
61 (Code 1968, § 2-67; Code 1981, § 7-22)
62 Secs. 46-48 45—46-70. - Reserved.
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Ordinance #2020-11 - Page 3
63 That Chapter 46 - Fire Prevention and Protection, Article II - Fire Department, Division 2 - Officers
64 of the Dover Code be amended by inserting the text indicated in blue and deleting the text indicated
65 in red, strikeout as follows:
66 DIVISION 2. - OFFICERS
67 Sec. 46-71. - Generally.
68 The officers of the fire department, from highest rank to lowest rank, shall respectively be fire chief,
69 deputy fire chief, four assistant fire chiefs, and two fire captains.
70 (Code 1968, § 2-50; Ord. of 10-25-1976; Code 1981, § 7-31; Ord. of 6-14-1993)
71 Sec. 46-72. - Annual appointment by council.
72 The fire chief, the deputy fire chief, the assistant fire chiefs and the fire captains shall be
73 appointed each at the first regular city council meeting in December by the city council. The
74 appointments shall be made from the duly elected nominees of each fire company as provided in
75 section 46-77. If, however, the city council deems the nominees or any one of them unsatisfactory,
76 it may refuse to appoint those nominees and instead may order a special election in accordance with
77 the provisions of this article to choose another nominee or slate of nominees.
78 (Code 1968, § 2-54; Ord. of 10-25-1976; Code 1981, § 7-32; Ord. of 6-14-1993)
79 Sec. 46-73. - Qualifications.
80 (a) Nomination. No person shall be considered a candidate for nominee election as fire
81 chief, deputy fire chief, fire captain or assistant fire chief unless he they shall have
82 been regularly nominated for that office and his their name shall appear upon the
83 official ballot for that office at the nominee election.
84 (b) Prerequisites; exception. The fire chief, deputy fire chief, assistant fire chiefs, and
85 fire captains shall be at least 25 years of age, residents of the Robbins Hose Company
86 Fire District, as defined by the county firefighter's association, and shall be active
87 members for at least three years, in good standing, in the fire department. The three-
88 year membership is waived, however, if the nominee's fire company has not been in
89 existence for that long a period follow the Constitution and By Laws of the Robbins
90 Hose Company.
91 (Code 1968, § 2-55; Ord. of 10-25-1976; Code 1981, § 7-33; Ord. of 6-14-1993)
92 Sec. 46-74. - Terms.
93 (a) Calendar year. The fire department officers shall serve from January 1 immediately
94 following their appointment until the following December 31 the Tuesday after the
95 first City Council meeting in December until the following Tuesday after the first
96 City Council meeting in December, except that an appointee to fill a vacancy shall
97 assume the post upon qualification.
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98 (b) End of service. If a successor has not been elected and qualified for office at the
99 expiration of an officer's term, then the incumbent shall serve until his successor is
100 duly elected and qualified.
101 (Code 1968, § 2-56; Code 1981, § 7-34)
102 Sec. 46-75. - Date of election of nominees.
103 The election of nominees for fire department officers shall be held each year on the third Monday
104 in November.
105 (Code 1968, § 2-57; Code 1981, § 7-35)
106 Sec. 46-76. - Notice of election of nominees.
107 The city clerk Fire Department Secretary shall notify the various fire companies of the
108 election of nominees for fire department officers at least one week before the nominee election is
109 to be held, stating the time and place of the election. A copy of the notice shall at once be placed on
110 the bulletin boards of the respective firehouses by the secretaries of the fire companies.
111 (Code 1968, § 2-58; Code 1981, § 7-36)
112 Sec. 46-77. - Election and voting regulations for nominees.
113 Each fire company shall conform to the following regulations for the conduct of nominee elections
114 for fire department officers:
115 (1) Membership list. At least two days one week before the nominee election, each fire
116 company shall send the fire department secretary and fire recorder shall post a list of
117 its active members in good standing to the city council. These lists shall be certified
118 by the president and secretary of each fire company, shall be under seal and shall be
119 used by the judges of the nominee election to determine qualified voters.
120 (2) Where and how election held. The nominee election shall take place at a firehouse
121 designated by the city council fire department president and shall be conducted by
122 three judges appointed by the city council fire department president for that purpose.
123 (3) Eligible voters. The nominee election judges shall not permit anyone to vote whose
124 name is not on one of the lists mentioned in subsection (1) of this section. If a
125 member's name appears on the lists, but it is proven to the satisfaction of the judges
126 that he does they do not meet the requirements of active membership, then that
127 person shall cast a challenged ballot. The term "active membership," for the purposes
128 of this section, shall mean a member who has responded to at least 125 of the alarms,
129 by way of attendance, during the year immediately preceding the certification of the
130 voting list and is in the category of active and life membership within the fire
131 department. This requirement is waived for any member who was on active duty in
132 the military service during any portion of that year and who is otherwise in good
133 standing with his individual fire company.
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134 (4) Secret ballot. The nominee election shall be by secret ballot and each voter shall have
135 only one vote for each of the open nominee positions.
136 (5) When polls open. Polls shall open at 7:00 p.m. and shall close at 9:00 8:00 p.m.
137 (6) Absentee voting. Absentee voting shall be permitted in accordance with the procedure
138 adopted for absentee voting at regular municipal elections contained in chapter 34,
139 article III Follows the Constitution and By Laws of the Robbins Hose Company.
140 (Code 1968, § 2-59; Code 1981, § 7-37; Ord. of 10-12-1982; Ord. of 8-14-2000; Ord. No. 2017-07,
141 6-26-2017)
142 Sec. 46-78. - Certification of results of nominee election.
143 Immediately after the close of the nominee election polls, the election judges shall tally and certify
144 the results of the nominee election. The ballot box, together with the ballots, judges' certification and
145 tally sheet, shall be sealed and delivered within 24 hours, to the city clerk. The city manager, or in
146 his absence, the city clerk, The city clerk shall submit the results of the election, together with the
147 accompanying materials, to the city council at its next regular meeting following the election.
148 (Code 1968, § 2-60; Code 1981, § 7-38)
149 Sec. 46-79. - Special nominee elections.
150 If the city council shall order a special nominee election, to be held as provided in section 46-
151 72, in order to replace a person the city council refused to appoint, that special nominee election shall
152 be held at the time fixed by the city council Fire Department President and in the same manner as
153 the regular nominee elections are held. At the special election, the person whom the city council
154 refused to appoint shall not be voted for and any ballot cast for him them shall not be counted.
155 (Code 1968, § 2-62; Code 1981, § 7-39)
156 Sec. 46-80. - No contestants.
157 If there are no contestants available for any one of the fire department offices and this fact
158 is certified by the president and secretary of each of the fire companies, then the city council shall
159 appoint those officers without holding the nominee election.
160 (Code 1968, § 2-62; Code 1981, § 7-40)
161 Sec. 46-81. - Election to fill vacancy.
162 Whenever the office of fire chief, deputy fire chief, fire captain or assistant fire chief shall
163 become vacant through the resignation, death, absence or disability of any person holding that office,
164 the vacancy shall be filled by an election held by the qualified fire company members affected by
165 the loss of command. The election shall be held in the same manner and form as other elections of
166 the fire department, in accordance with the provisions of this division.
167 (Code 1968, § 2-63; Ord. of 10-25-1976; Code 1981, § 7-41)
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168 Sec. 46-82. - Powers and duties of fire chief.
169 The fire chief shall:
170 (1) Control at fires. Have full control of the fire department at all fires.
171 (2) Assignment of duties. Assign to each fire company their respective duties, when
172 necessary.
173 (3) Dismissal. Dismiss firefighters when their services are no longer required.
174 (4 3) Implement rules. Implement those rules which the city council may approve for the
175 regulation and management of the fire companies at fires, and for going to and
176 returning from fires.
177 (5 4) Attend fires. Be present at all fires and, at those times, wear a suitable badge or dress
178 whereby his office may be readily recognized.
179 (6 5) Summon police. Have the authority to summon the police to maintain order and protect
180 property during the continuance of fires.
181 (7 6) Barriers. Cause barriers to be placed across the streets and sidewalks to prevent
182 accidents and interference with the workings of the fire department and to admit no one
183 within the enclosed limits, except equipped firefighters, the police and, in his their
184 discretion, those persons immediately interested in the property.
185 (8 7) Demolish buildings. Have the power, when it is, in his their opinion, absolutely
186 necessary to stop the spread of a conflagration, to cause to be pulled down or blown up
187 those buildings that shall be required to be removed.
188 (9 8) Enter private property. Have the power to cause those members of the fire department
189 that he they shall deem proper, with the apparatus that shall be necessary, to enter upon
190 any private property for the purpose of extinguishing a fire. He They may cause those
191 fences or other obstructions to be removed that he they may deem necessary.
192 (Code 1968, § 2-51; Code 1981, § 7-42)
193 Sec. 46-83. - Submission of annual report to city council.
194 The fire chief and president shall present the city council with a report at its annual meeting, which
195 shall state the number of fires occurring during the past year, their causes and the monetary losses
196 resulting as nearly as can be ascertained, the number of active members in the fire department, the
197 number of feet of hose and the conditions of the apparatus and hose of each fire company fire
198 suppression and administrative activities of the department.
199 (Code 1968, § 2-33; Code 1981, § 7-43)
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200 Sec. 46-84. - Powers and duties of deputy fire chief, assistant chiefs and fire captains.
201 (a) In the absence of the fire chief, the deputy fire chief, and the assistant fire chiefs, a fire
202 captain, who shall be predetermined by the fire chief, shall assume the powers and
203 duties and be obeyed accordingly.
204 (b) In the absence of the fire chief, the deputy fire chief, and the assistant fire chiefs, the
205 fire captain shall then assume the powers and duties and be obeyed accordingly.
206 (c) It shall be the duty of the deputy fire chief, the assistant fire chiefs, and the fire captain
207 to be present at all fires and to assist the fire chief in the discharge of the duties of his
208 office.
209 (Code 1968, § 2-52; Ord. of 10-25-1976; Code 1981, § 7-44; Ord. of 6-14-1993)
210 Sec. 46-85. - Violation of election regulations.
211 Any fire department member who shall violate any of the election regulations of this division shall
212 be reported to the city council for appropriate action. If, upon investigation, the fire department
213 member is declared guilty of violating the same, he they may be suspended from membership in his
214 their fire company.
215 (Code 1968, § 2-64; Code 1981, § 7-45)
216 Secs. 46-8685—46-120. - Reserved.
217 ADOPTED: *
218 S:\ORDINANCES\2020\DRAFT\ORDINANCE #2020-11- CH 46 FIRE PREVENTION AND PROTECTION\ORDINANCE #2020-11 - CH 46 FIRE PREVENTION AND PROTECTION-FINAL
219 READING.wpd
220 SYNOPSIS
221 The amendments will align the Dover Code with the Constitution and By Laws of the
222 Robbins Hose Company.
223 (SPONSORS: HARE, LINDELL, NEIL AND TAYLOR)
224 Actions History
225 10/12/2020 - Scheduled for Final Reading - City Council
226 09/28/2020 - First Reading - City Council
227 09/15/2020 - Introduction - Council Committee of the Whole/Legislative, Finance, and Administration Committee