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CITY OF DOVER, DELAWARE
REGULAR CITY COUNCIL MEETING
Monday, September 09, 2024 at 6:30 PM
City Hall Council Chambers, 15 Loockerman Plaza, Dover, Delaware
AGENDA
THIS AGENDA AND PAPERLESS PACKET HAVE BEEN REVISED TO INCLUDE
UPDATED SUPPORTING DOCUMENTATION FOR AGENDA ITEM #30 TENTATIVE
LABOR CONTRACT WITH INTERNATIONAL BROTHERHOOD OF ELECTRICAL
WORKERS (IBEW)
VIRTUAL MEETING NOTICE
This meeting will be held in the City Hall Council Chambers with electronic access via WebEx.
Public participation information is as follows:
Dial: 1-650-479-3208
Link: https://rb.gy/m6stae
Event number: 2532 783 8098
Event password: DOVER (if needed)
If you are new to WebEx, get the app now at www.webex.com/ to be ready when the meeting starts.
The meeting can also be viewed on Comcast Channel 14, Verizon Channel 20, and on the City's
Streaming Player located at www.cityofdover.com under "Quick Links".
OPEN FORUM - 15 Minutes Prior to Official Meeting (6:15 p.m.)
The “Open Forum” segment is provided to extend the opportunity to the general public to share their
questions, thoughts, comments, concerns, and complaints. Discussion of any item appearing on the agenda
as a public hearing is prohibited during the Open Forum as an opportunity will be provided during
consideration of that item. Citizen comments are limited to three (3) minutes. Council is prohibited from
taking action since they are not in official session; however, they may schedule such items as regular
agenda items and act upon them in the future.
INVOCATION - Elder Ellis B. Louden
PLEDGE OF ALLEGIANCE - Dr. Roy Sudler
ADOPTION OF AGENDA
ADOPTION OF CONSENT AGENDA
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REGULAR CITY COUNCIL MEETING - September 09, 2024 PAGE 2
All Consent Agenda items are considered routine and non-controversial and will be acted upon by a single
roll call vote of the Council. There will be no separate discussion of these items unless a member of
Council so requests, in which event the matter shall be removed from the Consent Agenda and considered
a separate item.
PROCLAMATIONS
1. Childhood Cancer Awareness Month
2. Recovery Month - Dover Goes Purple
3. Thank a Police Officer Day
4. Literacy Month
5. National Hispanic Heritage Month
6. GFWC Delaware Step Up to End Hunger Day 2024
7. National Constitution Week 2024
CONSENT AGENDA
ADOPTION OF MINUTES
8. Regular City Council Meeting of August 12, 2024
COMMITTEE REPORTS
9. Special Legislative, Finance and Administrative Committee Report of August 5, 2024
10. Council Committee of the Whole Report of August 13, 2024
Council Reports - July 2024
11. First District
12. Second District
13. Third District
14. Fourth District
15. At-Large
16. Council President Anderson
CCW PRESENTATION
17. DHSS/DSAMH Overdose Response Center Presentation (Edward Schiavi, Manager-
Overdose Response Center)
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REGULAR CITY COUNCIL MEETING - September 09, 2024 PAGE 3
(Committee Action Not Required)
Parks, Recreation, and Community Enhancement
18. Blood Bank of Delmarva Dover Donor Center Presentation (Antonio Prado, Blood
Bank of Delmarva)
(Committee Action Not Required)
Safety Advisory and Transportation Committee
19. Loockerman Street Conceptual Design (Jason Lyon, Water/Wastewater Director,
Marilyn Smith, Executive Director of the Dover/Kent County MPO, and Jeff
Riegner, Kittleson & Associates)
(Committee Recommendation: Implement the proposed conceptual plan with the
ongoing utility upgrade design project for Loockerman Street.)
20. Quarterly Briefing on Dover/Kent County Metropolitan Planning Organization
(MPO) Projects (Marilyn Smith, Executive Director of the Dover/Kent County MPO)
(Committee Action Not Required)
21. Discussion - Addressing the Patronizing or Solicitation of Prostitution and Its
Offenders (Councilman At-Large Andre M. Boggerty and Chief Johnson, Dover
Police Department)
(Committee Action Not Required)
22. Dover Police Department Major Project Outline FY2025 (Chief Johnson, Dover
Police Department)
(Committee Action Not Required)
Utility Committee
23. Evaluation of Proposals – Water and Wastewater Asset Management Plan Program
Engineering Support (Jason Lyon Water/Wastewater Director)
(Committee Recommendation: Award the contract to Century Engineering, LLC for
the engineering support of the Water and Wastewater Asset Management Plan,
RFP#24-0038WW, for $125,000)
24. Annexation Request - 139 Acorn Lane, Owned by Byler Investments, LLC. (Dawn
Melson-Williams, Principal Planner)
(Committee Recommendation: Approval of the annexation request as recommended
by staff.)
MONTHLY REPORTS - July 2024
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REGULAR CITY COUNCIL MEETING - September 09, 2024 PAGE 4
25. City Council’s Community Enhancement Fund Report
26. City Manager’s Report
27. Controller/Treasurer's Budget Report
28. Fire Chief's Report
29. Police Chief's Report
ITEMS NOT ON THE CONSENT AGENDA
30. Tentative Labor Contract with International Brotherhood of Electrical Workers (IBEW)
CITY MANAGER’S ANNOUNCEMENTS
MAYOR'S ANNOUNCEMENTS
COUNCIL MEMBERS’ ANNOUNCEMENTS
ADJOURNMENT
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO
29 DEL. C. §10004(e)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION
OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE
TIME OF THE MEETING
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Item #8.
REGULAR CITY COUNCIL MEETING
The Regular City Council Meeting was held on August 12, 2024, at 7:03 p.m. with Council
President Anderson presiding. Council members present were Mr. Hare, Mr. Boggerty, Mr. Neil,
Dr. Pillsbury, Ms. Arndt, Mr. Rocha, Dr. Sudler (in at 6:24 p.m.), and Mr. Lewis (in at 6:28 p.m.
and out at 8:11 p.m., in at 8:13 p.m.)
Staff members present were Police Chief Johnson, Mr. Hugg, Ms. Marney, Ms. Melson-
Williams, Chief Carey, Mr. Rodriguez, and Ms. Bennett. Mayor Christiansen was also present.
(out at 7:02 p.m. and in at 7:19 p.m.)
OPEN FORUM
The Open Forum was held at 6:20 p.m., prior to commencement of the Official Council Meeting.
Council President Anderson declared the Open Forum in session and reminded those present that
Council was not in official session and could not take formal action.
Belinda Main expressed her concerns, noting that she has perceived some childish behavior and
cowardice from council. She shared that, although she has observed various communities within
the City of Dover and interacted with many constituents, she has never seen any council
members in those districts. This absence worries her, as homeowners frequently approach her,
inquiring if she knows anyone on the council who can address their issues. Ms. Main highlighted
her concerns about speeding, trash, and the inability of residents to play outside without the fear
of a shooting or a drive-by occurring.
Stanley Richardson, Lincoln Park, stated that he is with a neighborhood watch. He expressed
concern about the residents of 822 North Street, noting that there are trailers set up in the
backyard. He mentioned that he has put up 'No Trespassing' signs, but the individuals have run
over the signs while working on cars late at night. Mr. Richardson noted that they had also been
throwing alternators and brake shoes into the field, and he suspected that they had been trying to
damage his lawn mower when he mowed the yard. He emphasized that something needs to be
done about the trespassing and the repeated knocking down of his signs.
Responding to Mr. Richardson, Dr. Sudler stated that he has seen him several times and that
council has been championing his concerns for several years. Dr. Sudler noted that he has an
open-door policy.
Alfreda Fisher Dean, 728 Bicentennial Boulevard, wanted to personally thank Mr. Boggerty for
getting her stereo. She was concerned with a letter that she had received from the City of Dover
about a $250 Goodwill credit applied to her utility bill for the loss of her stereo equipment when
a transformer blew. She felt humiliated by this because it made her feel like she could not afford
her electric bill.
Robert Duncan, The Grande 55 Plus Community, stated that his concern is with the wave of car
thefts in the parking lot at the Grande apartments. He explained that there have been several
incidents of car windows being broken, thefts from vehicles, and even thefts of the vehicles
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Item #8.
CITY COUNCIL MEETING OF AUGUST 12, 2024 PAGE 2
themselves. They have contacted the community policing team and spoke with Corporal Reo,
Corporal Amichi, and Corporal La Rochelle. They have set up a crime watch and have a patio
patrol where they encourage people to go on their patio after dark to check their surroundings.
Mr. Duncan expressed concerns and requested that a Dover patrol car from West Dover
occasionally check the parking lot downtown, noting that this would provide reassurance for the
residents of The Grande. He mentioned that the property management has been exploring various
improvements, including fencing, lighting, cameras, and online monitoring. Additionally, he
asked if there could be a way to shield the identity of seniors who call the police department,
perhaps by using a crime watch number or a similar system. This, he believes, would make
residents feel less intimidated to report issues and ensure their identity does not appear on the
police report.
Janet Schroer, 103 West Drive, wanted to discuss the Watcher’s Association. Whenever a
situation occurred, they could call the dispatcher, give them their number and they would
respond immediately. She wanted to discuss the possibility that maybe they could do that with
the dispatchers for the people who live at The Grande Apartments. This would be for the people,
and they could have certain dispatchers they could contact when there is a problem. Ms. Schroer
suggested setting up a system where residents could identify themselves with a code, such as
“Black Watcher number 25,” when reporting issues. She also expressed a desire for increased
police presence, with officers regularly driving around the community.
Nigel Mason, 41 South New Street, has established a group called the House of Pride
Neighborhood Watch. Some of his concerns are street lighting and public trash cans. Several
locations around his neighborhood need more streetlights and more public trash cans from the
loitering.
Jonathon Berry expressed concerns about the poor lighting on New Street and its impact on the
safety of children. He stated that issues such as pedophilia and human trafficking are occurring in
the area. Mr. Berry emphasized that it is their responsibility to ensure the area remains nice, neat,
well-maintained, and safe.
Bishop Marion Lott, Sr., Executive Director of The House of Pride, requested assistance in
keeping the streets clean and advocated for the placement of additional trash cans to ensure that
debris is properly disposed of.
Kimberly Schlichting, President and CEO of the Delaware Municipal Electric Corporation
(DEMEC) expressed her pleasure that the City of Dover has rejoined DEMEC. She wanted to
extend a personal invite to the Annual Dinner on September 18th where they will be discussing
energy transition, and where federal and state policies would be taking them. As well as what
they are going to do with utilities and to try to look out for the community and the customers
while protecting costs to them. This year they will be having a panel of four (4) where they are
going to have the President of the American Public Power Association come and talk about what
he is seeing across the country about national energy regulations.
Mr. Anderson expressed his gratitude to the new Neighborhood Watch group for their report. He
commended their efforts and requested information on their next meeting so he could attend.
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Item #8.
CITY COUNCIL MEETING OF AUGUST 12, 2024 PAGE 3
Additionally, Mr. Anderson mentioned that he and Dr. Sudler are preparing for a town hall
meeting in Lincoln Park next month and are eager to address the issues on the agenda.
Dr. Sudler noted that Mr. Boggerty is the representative at-large if one of the council members is
not available, they can contact him, as well.
INVOCATION
The invocation was given by Elder Ellis B. Loudon.
PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Councilman Rocha.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Dr. Pillsbury, and carried
unanimously.
ADOPTION OF CONSENT AGENDA
All Consent Agenda items are considered routine and non-controversial and will be acted upon
by a single roll call vote of the Council. There will be no separate discussion of these items
unless a member of Council requests, in which event the matter shall be removed from the
Consent Agenda and considered a separate item.
Mr. Neil requested that Item #9 be removed from the consent agenda and to defer the City
Manager’s Report to September.
Mr. Lewis requested the removal of Item #13, the appointment of Ronald Coburn to the Board of
Adjustment, from the consent agenda.
Mr. Neil moved for adoption of the agenda as amended. The motion was seconded by Ms.
Arndt and carried by a unanimous roll call vote.
RESOLUTION NO. 2024-12 – ENACTING A MORATORIUM ON ANY PROGRAM
REQUIRING BACKFLOW PREVENTERS
The City Clerk read the following Resolution into the record:
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
WHEREAS, in January 2021, the Delaware Department of Public Health adopted regulations
encouraging the implementation of backflow preventers, but the requirements were not
mandatory, except for those declared to have high-risk of backflow; and
WHEREAS, in June 2024, the majority of the Delaware House of Representatives voted to
amend the City of Dover Charter to repeal the City of Dover Department of Water & Wastewater
requirements for backflow preventers, sending a message to the City of Dover to review the
requirements; and
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Item #8.
CITY COUNCIL MEETING OF AUGUST 12, 2024 PAGE 4
WHEREAS, the Kent County Association of Realtors has presented cases of small businesses
with no real risk of backflow being asked to retrofit at the cost of thousands of dollars with no
benefit to the environment; and
WHEREAS, these requirements will have a contradictory impact on the City of Dover’s adopted
goals of reclaiming empty storefronts and the building for economic expansion; and
WHEREAS, there will be ongoing costs to the City of Dover for inspections that will seriously
impact the city budget in the long run; and
WHEREAS, there has not been a proper review of the new requirements by the City of Dover
City Council.
NOW THEREFORE BE IT RESOLVED:
The City Council does hereby enact a moratorium for one year on any program requiring
backflow preventers within the City of Dover, Delaware, excepting those deemed moderate or
high risk by state regulations explicitly requiring backflow regulators, subject to the following
stipulations and conditions:
1. This moratorium shall become effective immediately upon adoption by the City Council
of the City of Dover, Delaware; and
2. All current and future enforcement, notifications, and requirements in process regarding
backflow preventers are suspended for one year, and any penalties shall neither be
assessed in any pending cases except for those deemed high risk according to state and
local regulations or auxiliary water systems; and
3. Before any program can be implemented after this moratorium, it must be presented to
the Utility Committee and passed by the City Council of the City of Dover; and
4. The City of Dover requests staff to work with members of the General Assembly to
permanently address the regulations that led to the City of Dover’s regulations.
ADOPTED: August 12, 2024
Andria Bennett, City Clerk, read three (3) emails supporting Resolution No. 20224-12.
(Exhibits #1-3).
Mr. Boggerty stated that he had discussed the backflow preventer project with Senator Trey
Paradee. He wanted to ensure that the overseeing company was legitimate, certified, and
qualified. Mr. Boggerty expressed concern about the company's credibility, noting that their
address appeared to be non-existent. While he does not wish to make definitive claims, he
requested that the research and moratorium include a thorough verification of the overseeing
company's trustworthiness.
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Item #8.
CITY COUNCIL MEETING OF AUGUST 12, 2024 PAGE 5
Mr. Rocha, a trustee of the Dover Christian Church, reported that they received a letter and
followed up with a phone call to a real person. He was directed to a local contact or someone
from Southern New Jersey who typically handles backflow inspections for fire suppression
systems. The church paid the company for their services, and the report was uploaded to the
tracking company. Mr. Rocha noted that, based on previous discussions, the company appeared
to be reputable.
Mayor Christiansen clarified that the backflow prevention devices and the annual testing are
required for buildings that have boiler systems and fire suppression systems. He explained that
these systems must be documented with the City of Dover Fire Marshal’s office and the State of
Delaware and inspected by licensed fire sprinkler contractors. He emphasized that the process
involves the appropriate authorities.
Mr. Neil moved for the adoption of Resolution No. 2024-12. The motion was seconded by
Mr. Rocha and carried by a unanimous roll call vote.
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 22, 2024
The Minutes of the Regular Council Meeting of July 22, 2024, were unanimously
approved by motion of Mr. Neil, seconded by Ms. Arndt, and bore the written
approval of Mayor Christiansen.
COUNCIL COMMITTEE OF THE WHOLE REPORT OF – JULY 23, 2024
The Council Committee of the Whole met on July 23, 2024, at 6:00 p.m. with
Council President Anderson presiding. Members of Council present were Ms.
Arndt, Mr. Boggerty, Mr. Hare, Mr. Neil, Dr. Pillsbury (via WebEx), Mr. Rocha,
and Mr. Sudler. Mr. Lewis was absent. Mayor Christiansen was also present.
Civilian members present for their Committee meetings were Mr. Shevock (via
WebEx), and Mr. Garfinkel (Legislative, Finance, and Administration). Dr.
Jackson-Short, Ms. Smack (Safety, Advisory, and Transportation), and Mr.
Iriowen (Utility) were absent.
ADOPTION OF AGENDA
Mr. Neil moved for adoption of the agenda, seconded by Ms. Arndt and
unanimously carried.
SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE
The Safety, Advisory, and Transportation Committee met with Chairman
Boggerty presiding.
Adoption of Agenda
Mr. Rocha moved for adoption of the agenda, seconded by Mr. Hare and
unanimously carried.
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Item #8.
CITY COUNCIL MEETING OF AUGUST 12, 2024 PAGE 6
Discussion – City of Dover Emergency Operations Plan (Kay Sass, Public
Affairs and Emergency Management Coordinator)
Ms. Kay Sass, Public Affairs and Emergency Management Coordinator, reviewed
the background of the Emergency Operations Plan.
Staff recommended approving staff to send the City of Dover Emergency
Operations Plan to the State of Delaware for acceptance of the 2024 Updated
EOP.
Mr. Rocha moved to recommend accepting the staff recommendation. 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 Ms. Arndt and carried by a unanimous roll call vote.
Mr. Boggerty moved for adjournment of the Safety Advisory and
Transportation Committee meeting, hearing no objection the meeting
adjourned at 6:04 p.m.
UTILITY COMMITTEE
The Utility Committee met with Chairman Neil presiding.
Adoption of Agenda
Ms. Arndt moved for adoption of the agenda, seconded by Mr. Boggerty and
unanimously carried.
Discussion – Possible Moratorium on Any Program Requiring Backflow
Preventers (Council President David L. Anderson)
Mr. David L. Anderson, Council President, reviewed the background to the
Proposed Resolution No. 2024-12 and the memorandum written by Mr. Neil
(Attachment #1).
Staff recommended forwarding Resolution No. 2024-12 to City Council with a
recommendation of approval.
Mayor Christiansen stated that the single-feed water supplies that fed building
sprinkler systems were made out of scheduled pipe which contained a silicone
lining so that the pipe would not rust away. The original intent of the backflow
prevention device was to keep water from the sprinkler system from leaching
back into the potable also known as drinking water supply. He explained that the
legislation requiring everyone to put backflow prevention devices on systems
other than sprinkler systems, which is required by the National Fire Protection
Association (NFPA), is a severe overreach. He stated that unless the potable water
system feeds not only the drinkable, unusable water in a household but also when
it supplies a closed heating system or something similar, it has been shown that
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Item #8.
CITY COUNCIL MEETING OF AUGUST 12, 2024 PAGE 7
domestic backflow prevention devices are usually not effective. Particularly in the
case of the City of Dover, the water is cleaned and treated. Furthermore, Mayor
Christiansen stated that another overreach by the state was when they required
fluoride to be added to the water, in combination with chlorine, which was a
federal mandate, and in turn created the current water in the City of Dover. He
explained that the current water is not dangerous but the water before the state and
federal mandates was pristine. In closing, Mayor Christiansen expressed support
for the moratorium.
Mr. Sudler expressed support for the moratorium. He explained that it is
extremely difficult to obtain the required backflow prevention mechanism and
inspection report currently being required because there is a lack of agencies
certified to conduct that type of inspection. He stated that the agencies that are
certified to do the inspection are not in the vicinity of the City of Dover. Since
many plumbing agencies do not have the certification, it has become alarming for
businesses. Mr. Sudler stated that a restaurant business reached out to him and
explained that the plumbing agencies they contacted could not perform the
inspection. They were concerned about not complying within the allotted
timeframe and facing a penalty. Mr. Sudler recommended educating the business
owners, merchants, and private sector, as to why the backflow preventers are
important and who is certified to complete the work if the requirement is
implemented after the moratorium.
Ms. Arndt stated that she believes there is some flexibility in the state regulations
regarding public water supplier requirements and recommends that the city
determine what is best for Dover, its business owners, and its citizens. She also
expressed her support for the moratorium, allowing the city to review the
requirements thoroughly and make the best decisions moving forward.
Mr. Rocha explained that as the trustee that handles the church building that he is
a part of they were fortunate that the building was built in 2017, so the fire
suppression system was new. He noted that although he missed the deadline, he
did not receive a fine and was able to complete the necessary work. He
recommended creating a list of the companies certified to do the inspection and
placing the information on the City of Dover website. He also stated that the letter
has an 800 number that can be called and they will refer one or two companies in
the area. He explained that they were fortunate to have a company that services
their sprinkler system qualified to do the inspection and completed it during a
normal inspection. In closing, Mr. Rocha recommended compiling a list of
qualified inspectors to make it easier to find someone to complete the inspection
within 90 days when the time comes.
Responding to Mr. Rocha, Mr. Anderson stated that the moratorium would be
effective for one year from the date of adoption, which would likely be August
12, 2024, if adopted.
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Item #8.
CITY COUNCIL MEETING OF AUGUST 12, 2024 PAGE 8
Responding to Mr. Neil, Ms. Rivera stated that the City Clerk’s Office had
received several emails in support of Resolution No. 2024-12 (Attachment #2).
Mayor Christiansen stated that backflow prevention devices under the NFPA code
are required to be tested annually. He explained that he believes the same
requirements are intended for both the residential and business ones as well. He
recommended after the moratorium, clarifying that the NFPA regulations on
sprinkler systems are still in effect and a report is to be filed with the City of
Dover Fire Marshal as well as the State of Delaware Fire Marshal.
Mr. Rocha moved to recommend forwarding Resolution No. 2024-12 to City
Council at the next City Council meeting with the recommendation of
approval for a moratorium of one year. 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 Ms. Arndt and carried by a unanimous roll call vote.
Mr. Neil moved for adjournment of the Utility Committee meeting, hearing
no objection the meeting adjourned at 6:20 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman
Rocha presiding.
Adoption of Agenda
Mr. Garfinkel moved for adoption of the agenda, seconded by Mr. Shevock
and unanimously carried.
Discussion – Update on State Pension (Naomi Poole, Human Resources
Director)
Ms. Naomi Poole, Human Resources Director, briefed council on the status of
joining the State Pension Plan.
Ms. Poole explained that the city manager had drafted a resolution letter of
interest with an effective date of January 1, 2024, however, the effective date was
later revised in another resolution letter with an effective date of July 1, 2024. The
effective date of July 1, 2024, was then changed to October 1, 2024, but the
resolution letter was never completed requesting an October date, therefore the
State of Delaware Pension Office currently has the effective date of July 1, 2024.
Ms. Poole stated that in terms of the next steps, the city needs to make two policy-
related decisions. She explained that the next step will be to decide if all
employees will automatically be placed in the pension or if employees will be
given a choice to either join the pension to include a city match or stay in their
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Item #8.
CITY COUNCIL MEETING OF AUGUST 12, 2024 PAGE 9
current 401(k), 457 plan with an included city match. She further explained that a
concrete effective date would also need to be established to move forward. The
board has already approved two previous date revisions and changing the dates
can present approval issues with the board.
Ms. Poole stated that the easier option would be if everyone were placed into a
pension, which seems to be the standard practice per the state. She explained that
Human Resources would need to identify an exclusions list that would
incorporate a list of current employees who are in the General Employee Pension
Plan, along with a list of active employees. If the second option were chosen,
which may be more taxing, they would also need to identify an exclusion list that
would incorporate a list of current employees who are in the General Employee
Pension Plan and the employees who wish to remain in the 401(k), 457 plan, as
well as a list of active employees. In closing, she stated that once a final option is
chosen then a complete resolution letter with a new effective date can be sent to
the State of Delaware Pension Office for board approval. She also included that
the list of names can be sent at a later date.
Committee Action Not Required.
Responding to Mr. Anderson, Ms. Poole stated that from a timeline perspective,
they would need to establish an effective date so that Human Resources can
gather the information required and send it to the pension office.
Responding to Mr. Anderson, Ms. Poole stated that in order to build the exclusion
list Human Resources would need to speak to every employee and have them sign
a form stating that they would like to be excluded from the pension plan. She
explained that this would prevent anyone from being able to say that they were
not included in the process, or that their name was forgotten.
Responding to Mr. Anderson, Ms. Poole stated that per the state, the only buy-in
option that can happen is if the city buys all the employees into the plan. The
employees cannot pull from their 401(k), 457 with the hopes of buying into the
plan. She explained that it could happen, but it would cost the city a lot.
Responding to Mayor Christiansen, Ms. Poole stated that she is unsure whether
there is a cap to the amount that someone can put into their 401(k) under the
pension plan but she could investigate that. She also stated that they plan to create
a Q&A for the employees.
Responding to Mayor Christiansen, Ms. Poole stated that if the city chooses the
pension plan the match for the 401(k) and 457 would remain the same.
Responding to Mayor Christiansen, Ms. Poole stated that she was told during
previous discussions that implementation would not have any negative budget
effects and that it would be a wash.
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Item #8.
CITY COUNCIL MEETING OF AUGUST 12, 2024 PAGE 10
Responding to Mr. Hare, Ms. Poole stated that all new employees would
automatically go into the state plan.
Mr. Neil moved to allow staff to move forward to figure out what additional
information is necessary from the employees for council to take action. The
motion was seconded by Mr. Sudler.
Responding to Mr. Boggerty, Ms. Poole stated that developing a policy of what
they plan to do would be very helpful. She explained that having an effective date
in mind would also be helpful in the planning process. Ms. Poole reiterated that
they need to decide if they are going to automatically place the employees in the
pension plan or if they are going to give them the option to stay in the 401(k), 457
plan, and, or go into the pension plan. Then they must select an effective date that
they stick with so that it may be presented to the pension board.
Responding to Mr. Boggerty, Ms. Poole stated that the timing will be dictated by
the option that is selected by council.
Responding to Mr. Boggerty, Ms. Poole stated that once a decision has been made
then she can help figure out what the effective date needs to be. She also noted
that the finance team will need to be included in order to prepare a new pension
plan for the city.
Responding to Mr. Rocha, Ms. Poole stated that while a decision is not
immediately necessary, they need to collectively consider the decision and
involve Mr. Hugg in the process.
The motion to allow staff to proceed with determining what additional
information is needed from employees for the council to take action was
rescinded by Mr. Neil and Mr. Sudler.
Mr. Rocha thanked Ms. Poole for bringing council up to date and stated that they
will wait for Mr. Hugg to return to collectively come up with a plan and decision.
Discussion – Mayoral Compensation
Mayor Christiansen expressed appreciation for the remuneration that council
provided the mayor's office. He explained that it is not the money that he
appreciates but the fact that council recognized the growing responsibilities that
the Mayor of the City of Dover has for economic development and public safety.
He explained that he is dedicated to being the voice of those who have no voice
and works each day to make sure that the city is a great place to live, work, and
play, just as the members of council. He requested that council consider freezing
any additional remuneration until after the April 2027 election. In closing, he
asked that any future increases for either the Mayor’s Office or the Mayor be by a
unanimous vote of council as he feels it would be in the best interest of the next
mayor, and the citizens that they serve.
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CITY COUNCIL MEETING OF AUGUST 12, 2024 PAGE 11
Committee Action Not Required.
Mr. Neil recognized the mayor's desire to defer any increase until after the next
election, however, he noted that council faces the same problems as employees.
He explained that those problems are the ever-increasing costs caused by
inflation. Mr. Neil recommended tying the mayor's remuneration to what is done
for the Dover Organization of Employees (DOE), as is done for the council
members. He explained that delaying the remuneration becomes a two-part thing.
One is the delay for the mayor because he does not want it currently. However,
Mr. Neil feels that the office should go up because the office deserves the same
type of increase that the other employees are getting, including the members of
council.
Mr. Neil moved to delay the increase for the mayor at his request until the next
election and then tie in what the employees are receiving. The motion was
seconded by Mr. Sudler.
Responding to Mr. Sudler, Mayor Christiansen stated that Mr. Sudler's
clarification was correct. Council honored him with the $5,000.00 increase but he
is asking that there be no further increases until after the next election.
Mr. Neil moved to recommend delaying any further increases for the mayor,
at his request, until after the next election, and tie any future increases to
what the employees are receiving. The motion was seconded by Mr. Sudler
and unanimously carried.
By consent agenda, Mr. Neil moved for approval of the Committee’s
recommendation, seconded by Ms. Arndt and carried by a unanimous roll call vote.
Mr. Rocha moved for adjournment of the Legislative, Finance, and
Administration Committee meeting, hearing no objection the meeting
adjourned at 9:06 p.m.
Mr. Anderson moved for adjournment of the Council Committee of the
Whole meeting, hearing no objection the meeting adjourned at 9:06 p.m.
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the
Whole Report, seconded by Ms. Arndt and carried by a unanimous roll call vote.
MONTHLY REPORTS – JUNE 2024
By motion of Mr. Neil, seconded by Ms. Arndt, the following monthly reports were
accepted by consent agenda:
City Council’s Community Enhancement Fund Report
City Manager’s Report
Controller/Treasurer’s Budget Report
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CITY COUNCIL MEETING OF AUGUST 12, 2024 PAGE 12
Police Chief’s Report
During the Council meeting. Ms. Marney explained to Mr. Neil that the stipulated value
resembles the Wild Meadows, MHC situation, where they had attended a Board of Assessments
meeting, discussed the value with the Board and their Assessor, and reached an agreement. She
indicated that the likely amount is $11,113,200, rather than $11,113,020. Ms. Marney added that
she was not present at the meeting and did not have specific details on why the value was
reduced but promised to follow up with an answer.
Mr. Neil made a motion to defer the City Manager’s Report to September, seconded
by Ms. Arndt, and carried unanimously.
APPOINTMENTS RECOMMENDED BY MAYOR CHRISTIANSEN
Planning Commission
Michael W. Lewis – Third District - Three-Year Term to Expire June 2027
By motion of Mr. Neil, seconded by Ms. Arndt, the Planning Commission Board
appointment was accepted by consent agenda.
Board of Adjustment
Ronald L. Coburn, Jr. – Three-Year Term to Expire July 2027
During the Council meeting. Mr. Lewis requested that the item be pulled from the discussion to
make a motion regarding it.
Responding to Mr. Lewis, Mr. Rodriguez stated that he was not aware of any requirement that
would prevent an employee from holding a job right after their termination. He noted that ethical
considerations apply to individuals with strictly confidential information, and these would
pertain to such a person. However, he is not aware of any specific code or charter provision
restricting reemployment under these circumstances. Mr. Rodriguez explained that the code
prohibits former employees or officials from disclosing confidential information or using it to
influence official duties. This restriction applies to those who had access to confidential
information, ensuring that they cannot materially affect matters related to their former position.
Responding to Mr. Lewis, Mayor Christiansen stated that he appreciated him looking into this
but wanted to assure members of council that in his effort to appoint members to the committees,
he brings talent. He looks for talent that would help the city that has prior knowledge. Mayor
Christiansen noted that this was not the first time that a former city employee had been asked to
serve on a committee. He explained that Mr. Coburn, with his years of experience, would be a
valuable asset to the Board of Adjustment. He has thoroughly vetted Mr. Coburn’s qualifications
and his ability to serve effectively. Mayor Christiansen stated that he carefully considers each
appointment, emphasizing that his responsibility is to the city's citizens and the council to ensure
that the necessary jobs are effectively carried out.
Responding to Mr. Lewis, Mr. Rodriguez stated that there has been no change to Section Five (5)
of the Charter, which stipulates that no former city council member may hold a compensated
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CITY COUNCIL MEETING OF AUGUST 12, 2024 PAGE 13
appointed office or employment with the city until one (1) year after their council term ends
unless a waiver is granted by the Board of Ethics.
Mr. Lewis made a motion to approve the Board of Adjustment appointment of Ronald
Coburn, seconded by Mr. Neil, and carried by a unanimous roll call vote.
APPOINTMENTS RECOMMENDED BY COUNCIL PRESIDENT ANDERSON
By motion of Mr. Neil, seconded by Ms. Arndt, the following appointments were accepted by
consent agenda.
City of Dover Employee Liaisons
Councilwoman Tricia K. Arndt
Councilman Andre M. Boggerty
Councilman Gerald L. Rocha, Sr.
Utility Committee
Glen D. Wilson – Appointed by Council President to fill the unexpired term of Michael
Pugh – term to expire May 2025
TENTATIVE LABOR CONTRACT WITH AMERICAN FEDERATION OF STATE,
COUNTY, AND MUNICIPAL EMPLOYEES (AFSCME)
Mr. Hugg briefed members on the American Federation of State, County, and Municipal
Employees (AFSCME).
Mr. Hare moved to adopt the American Federation of State, County, and Municipal
Employees (AFSCME) Contract, seconded by Mr. Rocha, and carried by a unanimous roll
call vote.
DEPUTY CITY SOLICITOR - LIAM N. GALLAGHER
Mr. Rodriguez, City Solicitor, briefed members on the potential appointment of Mr. Liam
Gallagher as the new Deputy City Solicitor.
Responding to Dr. Sudler, Mr. Rodriguez stated that both the Deputy City Solicitor and he are
compensated by the City of Dover at a rate of $245 per hour.
Responding to Dr. Sudler, Mr. Hugg clarified that Mr. Gallagher is not an employee of the City
of Dover but rather an employee of Schmittinger & Rodriguez, the city's designated law firm. He
explained that Schmittinger & Rodriguez bills the City of Dover for the time served by all firm
members, with payments made monthly based on an invoice.
Dr. Sudler expressed concern that providing taxpayer dollars to the deputy solicitor implied that
the position was filled without a competitive posting. He pointed out the ambiguity surrounding
the matter and indicated that, due to this lack of clarity, he would be abstaining from voting.
Responding to Dr. Sudler, Mr. Rodriguez stated that according to the charter, the Deputy City
Solicitor must be appointed and the requirement for the Solicitor is that they must be a member
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CITY COUNCIL MEETING OF AUGUST 12, 2024 PAGE 14
of the Delaware Bar for five (5) years. There are no requirements for the Deputy Solicitor. He
further explained that appointing a Deputy Solicitor from another law firm would not be feasible
in his opinion because the charter designates him as the one who oversees the duties of both the
Solicitor and the Deputy Solicitor, who must take instructions from him. He believes that
managing instructions to an attorney from another firm would be problematic and emphasized
that this is the way the charter is structured and should be followed.
Responding to Mr. Rodriguez, Dr. Sudler expressed his preference for having someone not from
Mr. Rodriguez’s firm work with him. He suggested that having an individual from a different
firm might alleviate concerns about potential conflicts of interest and retaliation, as he serves the
firm in multiple capacities. Dr. Sudler noted that, in his view, the charter only requires the
Deputy Solicitor to be a practicing professional and does not specifically mandate that the
individual be from the same firm as the Solicitor. He did not see any indication in the charter that
implies or asserts a requirement for the Deputy Solicitor to come from the same firm.
Responding to Mr. Lewis, Mr. Rodriguez stated that Mr. Gallagher passed the bar a year and a
half ago and has accumulated two (2) years of actual experience, including a year and a half as a
licensed lawyer. He noted that Mr. Gallagher has worked with four (4) different municipalities,
including the City of Dover before passing the bar exam, which provided him with substantial
experience in municipal law. Mr. Rodriguez affirmed that Mr. Gallagher is fully qualified.
Responding to Mr. Lewis, Mr. Rodriguez indicated that he was unsure of the exact date when
Mr. Gallagher passed the bar exam, but he believes Mr. Gallagher is currently in his second year
since becoming licensed. He noted that Mr. Gallagher had relevant experience as a law clerk and
while working with his firm prior to passing the bar. Mr. Rodriguez suggested that if further
discussion about qualifications is needed, he would propose a motion to go into executive
session.
Responding to Mr. Lewis, Mr. Anderson clarified that according to the code, the only mention of
the Deputy Solicitor is that the Deputy must be an attorney at law entitled to practice in
Delaware. The Deputy’s duties are to be determined by the City’s Solicitor as necessary and
proper. He explained that while the city primarily relies on one general law firm, there are also
specialized firms for various functions, such as bond counsel, planning and zoning,
environmental issues, and utilities. These specialized firms provide complementary services
rather than competing with the general legal advice provided by the primary law firm. Mr.
Anderson noted that the code outlines the Solicitor’s role, which includes attending council
meetings, advising in writing when requested, prosecuting or defending suits involving the city,
enforcing city ordinances, and preparing contracts. This indicates that while there is a general
legal function provided by the Solicitor, there are also specialized functions covered by other
firms.
Responding to Mr. Anderson, Mr. Rodriguez stated that specialized areas of law often require
hiring additional attorneys with expertise in those fields, a practice that has been in place for
some time. Different law firms handle these specialized areas more effectively due to their focus
and experience in those specific fields. This is why other attorneys are employed to address these
specialized legal needs.
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Mr. Lewis stated that he found the code to be quite ambiguous and noted that while the Deputy
Solicitor does not need to have the same five (5) years of experience as the Solicitor, he would
feel more comfortable with someone who has several years of legal experience, particularly in
municipal affairs, when handling high-profile litigation and lawsuits against the city. Mr. Lewis
also mentioned that he believes taxpayers are more reassured knowing that the city contracts
with multiple law firms, each specializing in different areas. He feels that this approach is more
cost-effective and provides better value for the legal services provided.
Responding to Mr. Lewis, Mr. Anderson stated that they had considered switching to a different
law firm in the past but determined that doing so would have resulted in costs that were double
the current amount.
Responding to Mr. Lewis, Mr. Rodriguez explained that, according to the code, the only
requirement for the Deputy Solicitor is that they must be a licensed attorney in the state of
Delaware. The Deputy Solicitor’s duties are determined by the City’s Solicitor and are
considered necessary and proper. He added that while the city engages one general law firm,
other law firms have specialized practices that complement, rather than compete with, each
other.
Responding to Dr. Sudler, Mr. Rodriguez stated that by the charter, they are appointed by
council, they are appointed for one (1) year, and that they can be removed at any time at the
choice of council. He believes that it is a three-quarters (3/4) vote to remove the City or Deputy
City Solicitor. Mr. Rodriguez noted that they are appointed not elected.
Mr. Neil made a motion to appoint Liam Gallagher as the Deputy City Solicitor, seconded
by Mr. Hare, and carried by a roll call vote, seven (7) yes (Hare, Boggerty, Neil, Pillsbury,
Arndt, Rocha, Anderson) and two (2) no (Lewis and Sudler).
ANNEXATION/REZONING REQUEST/FIRST READING OF PROPOSED ORDINANCE
#2024-28 - PROPERTY LOCATED AT 139 ACORN LANE
A request was received for annexation and rezoning of property located at 139 Acorn Lane,
consisting of 14,494 SF +/- ., owned by Byler Investments. This property is currently zoned RS-
1 (Residential Single Family Zone) (Kent County zoning classification), and the proposed
zoning is R-10 (One Family Residence Zone) (City of Dover zoning classification). Staff
recommended that the request be referred to the Utility Committee on August 13, 2024, and to
the Planning Commission on September 16, 2024; and that a public hearing be set for October
14, 2024, at 6:30 p.m. (Tax Parcel: ED-00-068.19-01-23.00-000; Planning Reference: AX-24-
01)
Mr. Hare moved for referral, as recommended, seconded by Mr. Neil and unanimously
carried.
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:
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ORDINANCE #2024-28 – AMENDING THE ZONING ORDINANCE AND
ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING
DESIGNATION OF PROPERTY LOCATED AT 139 ACORN LANE.
FINAL READING PROPOSED ORDINANCE #2024-27 – AMENDING CHAPTER 80 –
PERSONNEL, ARTICLE IV – PENSION PLANS AND RETIREMENT BENEFITS
(EXCEPT POLICE), DIVISION 3. – GENERAL EMPLOYEE PENSION PLAN
The First Reading of the Proposed Ordinance was accomplished during the Council
Meeting of July 22, 2024. Council President Anderson reminded members of the public
that copies of the proposed ordinance were available on the City’s website at
www.cityofdover.com under “Government”.
Mr. Neil moved that the Final Reading of the proposed ordinance be acknowledged by title
only, seconded by Mr. Hare, and unanimously carried.
By motion of Mr. Hare, seconded by Mr. Rocha, by a unanimous roll call vote adopted
Ordinance #2024-07 as follows:
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN
COUNCIL MET:
That Chapter 80 – Personnel, Article IV – Pension Plans and Retirement Benefits (except
Police), Division 3 – General Employee Pension Plan, be amended to read as follows:
Section 80-500 – General employee pension plan established; purpose.
(a) Generally. There is hereby established the city general employee pension plan. The
purpose of the plan is to establish the terms and conditions under which retirement and
disability benefits shall be provided to eligible employees of the city. The benefits under
the plan shall be in addition to amounts received as social security benefits or from any
other pension plan.
(b) For employee exclusively. This plan is created for the exclusive benefit of the employees
of the city and shall be interpreted in a manner consistent with it being an employee's
trust, as defined in section 401(a) of the Internal Revenue Code (26 USC 401(a)).
Therefore, under no circumstances shall any funds contributed to this plan, or any assets
of the plan or trust ever revert to or be used or enjoyed by the city, nor shall any such
funds or assets ever be used other than for the benefits of the employees of the city and
the beneficiaries of those employees, prior to the satisfaction of all liabilities under this
plan to the employees.
Section 80-501 – Eligibility of participant.
Each eligible employee not drawing any retirement benefits from the mayor and city
council as of January 1, 1967, shall, upon compliance with the provisions of this division,
become a general employee pension plan participant under this division, commencing on July
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1, 1967, or at any subsequent time immediately upon employment. Effective September 28,
2009, the general employee pension plan is closed to new participants.
Section 80-502 – Participation mandatory; exceptions.
The pension plan shall not be construed to give any employee the right to be retained in
the employ of the city. All new employees hired after July 1, 1991, shall be required, as a
condition of employment, to join the general employee pension plan or the deferred
compensation plan. All new employees hired after September 29, 2009, are required to join the
money purchase plan (IRC 401(a)), as defined in division 4. All participants of the general
employee pension plan as of September 28, 2009, will remain members of either plan
thereafter unless leaving the employment of the city, retiring, passing away, or electing to
terminate their participation in the general employee pension plan and becoming a member of
the money purchase plan (IRC 401(a)), as defined in division 4.
Section 80-503 – Defraudment.
It shall be unlawful for any person to knowingly make any false statement or falsify, or
permit to be falsified, any record of the pension plan in an attempt to defraud the plan.
Section 80-504 – Normal retirement.
The normal retirement date for each participant shall be the first day of the month
following the attainment of the age of 65 years, provided that ten years of continuous service
have been completed.
Section 80-505 – Early retirement.
(a) Reduced benefits. A participant who has completed ten years of continuous service and
has attained the age of 55 years may retire at any time within the ten years preceding the
normal retirement date; however, retirement benefits shall be computed at a reduced rate
of one-half percent for each month computed from the date of early retirement to age 65
years.
(b) Unreduced benefits.
(1) Hired May 1, 1994, or later. For eligible employees hired on or after May 1,
1994, a participant who has attained the age of 55 years, and whose age plus years
of continuous service is equal to or greater than 80, may retire at any time prior to
the normal retirement date with no reduction in retirement benefits.
(2) Hired before May 1, 1994. For eligible employees hired before May 1, 1994, a
participant who has completed 25 years of continuous service or who has attained
the age of 50 years and completed 20 years of continuous service, may retire at
any time prior to the normal retirement date with no reduction in retirement
benefits.
Section 80-506 – Later retirement.
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If a participant works beyond the normal retirement date, the payment of the participant's
retirement benefits shall be deferred until actual retirement.
Section 80-507 – Forced retirement with pension.
The general employee pension plan board, upon recommendation of the city council or
the city manager, may require retirement in any case deemed necessary due to the lack of work
or inability of the employee to perform with a satisfactory degree of efficiency, provided that
the employee qualifies for either normal retirement pursuant to section 80-504, or early
retirement pursuant to section 80-505. The employee shall then be entitled to receive,
commencing on the first day of the month coinciding with or next following the date of
retirement, pension benefits equal to the benefits computed in accordance with the provisions
of section 80-508 on the basis of the employee's service completed prior to actual retirement.
Section 80-508 – Amount of retirement benefits.
Retirement January 1, 1995, or later. The amount of retirement benefits payable to a
participant who retires on or after January 1, 1995, shall be computed on the basis of one-
fiftieth of the participant’s average actual monthly earnings multiplied by the total number of
years of continuous service. Average actual monthly earnings shall be a participant's base pay
plus scheduled overtime, payment for being on call, except those hours reported for being
called out, and any retroactive pay corrections which involve any one of the mentioned
payments during any period of 36 consecutive months in the final ten years of continuous
service which results in the highest average monthly earnings.
If an employee's approved absence is the result of a workers compensation injury, the
base wages that the employee would have earned had the employee not been on workers
compensation leave will be included when determining the highest 36 consecutive months
within the employee’s final ten years of continuous service.
The value of lost base salary as a result of mandatory furlough shall be added to an
employee's final average compensation and considered in the calculation of the amount of
retirement benefits if the time period in which the mandatory furlough was required is within
the highest 36 consecutive months or earnings within the final ten years of continuous service.
Annual Increase. The retirement income of a retired member of this plan shall be
increased by two percent per annum every January 1. This increase in retirement pay shall be
cumulative and the previous year’s increase shall be included in the retired member’s
retirement income for the purpose of calculating the annual two percent increase.
Section 80-509 – Form of benefits.
(a) Normal form. A monthly benefit shall be payable on the first day of the second month
preceding the date on which the application for such benefit is filed. Payment will be
retroactive to the retirement date. Payments of benefits shall be payable monthly
thereafter during the participant’s lifetime and terminating with the last payment on the
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CITY COUNCIL MEETING OF AUGUST 12, 2024 PAGE 19
first day of the month of the death of the participant. The general employee pension plan
board shall be notified of all plan participant retirements.
(b) Death of participant, etc. Upon the death of a participant who has retired, or who is
eligible to be retired under any of the provisions of this division, payment shall be made
to the participant's eligible survivors in the amount of 50 percent of the monthly
payments to which the participant was or would have been entitled. Upon the death of a
participant who has completed a minimum of ten years of service but is not yet eligible to
retire due to age and/or years of service, payment shall be made to the participant’s
eligible survivors in the amount of 50 percent of the monthly payment to which the
participant was or would have been entitled. The pension amount will be based upon
section 80-508. There shall be no reduction in benefits. In no instance shall actual
monthly payments be less than $200.00, effective July 1, 2000. Upon the death of both
the participant and eligible survivor, if the benefit payments received in the aggregate are
less than the member's contributions, the balance of the member's contributions, plus five
percent interest, will be paid to the surviving beneficiary designated or to the estate if no
designation has been made and submitted to the general employee pension plan board.
The amount of benefit payments received, and the amount of the member's contributions
shall be determined from the record of the pension board. The city shall request all plan
participants to review eligible survivor and surviving beneficiary information annually
and revise it as needed.
(c) Eligible survivor. An eligible survivor shall be one of the following in the order of
preference listed:
(1) Spouse. The participant's spouse who was married to the participant for at least
one year. Surviving spouse shall be required to provide supporting documents of
marriage.
(2) Child or children of participant.
a. The surviving child or children, biological or legally adopted, of the participant,
who have not attained 18 years of age.
b. Said surviving child or children of the participant attending school on a full-time
basis and providing proof of attendance each year of eligibility who have not
attained 26 years of age. Benefits shall cease with the payment due for the month
in which the child or children cease to attend school on a full-time basis or with
the payment due for the month in which age 26 is attained, whichever shall
occur first.
(d) Commencement of payment. Benefits payable to eligible survivors shall commence on
the first day of the month following the date of the participant's death.
(e) Cessation of benefits payable. Benefits payable to eligible survivors shall cease:
(1) Spouse. With respect to an eligible survivor who is a spouse, with the payment
due for the month in which remarriage or death shall occur, whichever occurs
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first.
(2) Surviving child or children. With respect to eligible survivors who are children
with the payment due for the month in which age 18 is attained or death shall
occur, whichever shall occur first unless the child or children attend school full-
time and have not attained 26 years of age. Payments shall be made in accordance
with subsections (2)a. and b.
(f) Eligibility for benefits. The eligibility of any person or persons to receive payment of
benefits as an eligible survivor shall be determined conclusively by the general
employee pension plan board based on the application of such person or persons and
any other information which the pension board deems to be appropriate.
Section 80-510 – Total and permanent disability.
(a) Definition. As used in this division, a participant shall be deemed to be "totally and
permanently disabled" when the general employee pension plan board, on the basis of a
medical examination by a physician or physicians selected by the pension board, finds the
employee:
(1) Work generally. To be totally and permanently prevented from engaging in any
occupation or employment for remuneration or profit as a result of bodily or
mental injury or disease, whether occupational or nonoccupational in cause; or
(2) Employment. To be totally and permanently prevented from continuing in their
capacity as an employee as a result of bodily or mental injury or disease, whether
occupational or nonoccupational in cause.
Section 80-511 – Early retirement due to permanent disability.
Any employee who has completed a minimum of ten consecutive years of service and
sustains an injury or experiences a permanent health impairment to the extent of total and
permanent disability shall be eligible for retirement upon application and certification by
the general employee pension plan board that all of the criteria have been met. The
pension amount will be based upon section 80-508. There shall be no reduction in benefit.
Section 80-512 – Commencement of disability benefits.
(a) Removed from payroll. A participant who files for a disability pension shall not work and
be kept on the active payroll and receive credited service from the inception of the
disability to the end of the first full calendar month following the date of application.
(b) Change in compensation; leave. During the application period above, the participant's
compensation shall not be increased.
(c) Commencement of benefits. The eligibility for payment of disability benefits under this
division shall commence, if approved, on the first day of the month following the
application period set forth in subsection (a).
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Section 80-513 – Termination of employment.
(a) Forfeiture of participation. Any participant whose employment is terminated prior to the
date of eligibility for retirement benefits shall forfeit status as a participant in the pension
plan and all accumulated credit for continuous service.
(b) Ten years' service. Any participant with a minimum of ten years of continuous service
and whose employment is terminated prior to becoming eligible for retirement benefits
under sections 80-504—Normal retirement, 80-505—Early retirement, 80-506—Later
retirement or 80-511—Early retirement due to permanent disability, shall become vested
and upon attaining the age of 65 years, shall be eligible for pension benefits under the
provisions of section 80-508—Amount of retirement benefits, upon application to the
pension board of trustees. The form of the benefit will be based on the formula which
was in effect at the time of termination.
(c) Layoffs. Any participant who is laid off and then rehired within five years may apply to
the general employee pension plan board to have their previous service credits restored
immediately. Participants who withdrew their contributions must repay them as
calculated by the city's actuary. Upon approval by the general employee pension plan
board, returning participants must elect to return previously refunded amounts, plus
calculated interest, within 30 days. Contributions will be reimbursed based on the gross
amount received. Participants who are laid off and not rehired within five years shall
forfeit status as a participant in the pension plan and all accumulated credit for continuous
service.
(d) Request for refund. When an employee leaves city employment and is entitled to
withdraw contributions, a written notarized request for a refund of contributions must be
submitted before payment is made. Refunds will be issued 90 days from the date the
notarized request is received. Interest on the contributions, at the rate of five percent per
annum, shall be compounded annually from the last day of the plan year in which such
contribution was made to the earlier of the date of commencement of retirement income
or the date on which contributions are payable pursuant to the provisions of the plan.
Contributions will automatically be refunded five years from the date of separation.
Section 80-514 – Cessation of disability pension benefits.
(a) A participant shall cease to qualify for disability pension benefits:
(1) Recovered. At the time that the general employee pension plan board determines,
based on a medical examination by a physician or physicians selected by the pension
plan board, that a participant is no longer totally and permanently disabled or has
sufficiently recovered, but refuses to resume regular occupation as an employee or to
be reemployed by the city in some other suitable position which is appropriate to the
participant's training and experience;
(2) Refuses examination. When the participant refuses to undergo a medical
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examination requested by the general employee pension plan board; or
(3) Age 65 years. On the first day of the month following the participant's 65th birthday.
(b) Upon the occurrence of the earliest of the above events, disability pension benefits shall
cease, except that, if the event of subsection (a)(3) of this section occurs, payment of
the normal retirement benefits shall commence on that date, in the same amount as the
disability pension benefits.
Section 80-515 – Effect of state workers’ compensation on disability benefits.
Any disability pension benefits received by a participant under the terms of this division
as the result of an injury or illness compensable under the workers' compensation laws of the
state shall be reduced by the amount of the workers' compensation payments actually received
by the participant.
Section 80-516 – Benefits to cease upon reemployment; exceptions.
The Internal Revenue Code has provided guidance that to be considered retired for
purposes of prohibitions against "in-service distributions," one must have an at least six-month
break before returning to employment with the same employer and that such a return cannot be
pre-planned at the time of retirement. If the individual is under the normal retirement age of
65, the individual will be subject to an annual earnings limit of $30,000.00.
Any employee of the city who is receiving, or who shall receive, benefits under this
division, and who is thereafter reemployed by the city or appointed to any position by the
mayor or council bearing remuneration, shall cease to draw benefits during the period of
reemployment. Upon termination of the reemployment, the benefits shall be restored. The
provisions of this section shall not apply to any employee who receives remuneration as a
result of being elected or appointed to an elective or appointed office in the city, nor to any
employee reemployed by the city in a casual/seasonal capacity, not to exceed 180 calendar
days. Employees would be eligible to return to casual/seasonal status immediately following
retirement.
Casual/seasonal employees may be employed by the city on a temporary basis in order to
provide assistance for the following situations:
(a) Casual assistance. Employee is needed on a sporadic or on-call basis where hours
cannot be predetermined and vary greatly from week to week. Such employees may
be used as needed.
(b) Seasonal assistance. Employee is needed for peak operating seasons.
(c) Project assistance. Employee performs duties related to a specific project that has
defined objectives and an established time period of completion that does not exceed
180 calendar days.
(d) Primary incumbent replacement. Employee is needed to fulfill the job responsibilities
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Item #8.
CITY COUNCIL MEETING OF AUGUST 12, 2024 PAGE 23
of the primary incumbent who is unable to perform such responsibilities for an
extended period of time. Such employees may be used for a maximum of 180
calendar days or the length of time the incumbent is unable to perform the job
responsibility, whichever is less.
(e) Contracting. Any individual participating in the plan who contracts with the city or
represents any private enterprise that has a contract with an employer participating in
the plan must have a six-month separation from the effective date of retirement if the
individual is under 65. The city shall maintain, in a form prescribed by the human
resources director, a certification of the worker's status. The certification will be used
for a determination of the individual meeting the definition of eligible employees
under this section.
Section 80-517 – Benefit assignment, transfer, etc.
No participant or beneficiary under the plan shall assign, transfer, hypothecate,
encumber, commute, or anticipate any interest in payments, funds, or contracts under this plan.
No interest shall in any way be subject to any legal process, levy of execution, attachment, or
garnishment proceedings for the payment of any claim against the participant or any
beneficiary under the plan, nor shall any such interest be subject to the jurisdiction of any
bankruptcy court or insolvency proceedings.
Section 80-518 – Contributions.
(a) Payroll deductions.
(1) Amount. For each year, while a participant of the plan, a participant shall contribute,
by payroll deductions, an amount equal to 3½ percent of the participant’s average
actual monthly earnings as described in section 80-508—Amount of retirement
benefits (effective May 1, 1994). The city shall provide the plan participants with an
annual statement of individual contributions.
(2) Employer contributions. The city, pursuant to the provisions of section 414(h)(2) of
the United States Internal Revenue Code (26 USC 414(h)(2)), shall pick up and pay
the contributions which would otherwise be payable by the employee under this
section. The contributions so picked up shall be treated as employer contributions for
purposes of determining the amounts of federal income taxes to be withheld from the
employee's compensation.
(3) Employee contributions picked up by city. Employee contributions picked up by the
city shall be paid from the same source of funds used for the payment of
compensation to an employee. A deduction shall be made from each employee's
compensation equal to the amount of the employee's compensation picked up by the
employer. This deduction, however, shall not reduce the employee's compensation for
purposes of computing benefits under the retirement system pursuant to this division.
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Item #8.
CITY COUNCIL MEETING OF AUGUST 12, 2024 PAGE 24
(4) Employee contributions credited.
a. Employee contributions shall be credited to a separate account within the
employee's individual account so that the amount contributed prior to the
effective date for the pickup of the employee's contributions may be
distinguished from the amounts contributed on or after the effective date.
b. The contributions, although designated as employee contributions, are being
paid by the employer in lieu of the contributions by the employee. The employee
will not be given the option of choosing to receive the contributed amounts
directly instead of having them paid by the employer to the retirement system.
(b) City contributions. The city shall make such contributions as necessary to meet the
requirements of the plan. Effective May 1, 1994, the city shall pick up the employee
contributions by a reduction in current earnings. Such picked-up contributions shall be
treated as employer contributions in determining tax treatment under the Internal Revenue
Code; however, the contributions so picked up shall be included in earnings for purposes
of the plan. Participant contributions which are picked up shall be treated, for all purposes
of this plan, in the same manner as participant contributions made prior to May 1, 1994.
(c) Other contributions. The general employee pension plan board shall receive all
appropriations, contributions, and interest allowances as may be received from time to
time by the city from the state or any other source and designated specifically for
employee pensions.
(d) Withdrawal from plan. A member who withdraws from the general employee pension plan
for any reason, other than retirement, death, or disability, may request that the
accumulated contributions, plus five percent interest, be paid to them after such date of
withdrawal; provided, however, the contributions shall not be refunded to them earlier
than 90 days after receipt of the notarized application for the same.
(e) Death of ineligible member. Upon the death of a member not eligible to retire under any
provision of this division, the employee contributions shall be payable in a single sum to
the participant’s designated beneficiary or the participant’s estate if no designation has
been made.
Section 80-519 – City paramedics transferred to county.
Notwithstanding any other provision of this division, all persons employed by the city as
paramedics, who are transferred to the county emergency medical services department and
who make a written election to remain in the city general employee pension plan, shall
continue to be considered eligible employees within the meaning of the pension plan as long as
the paramedics are employed by the county emergency medical services department. All
benefits for any such paramedic shall be calculated as if the paramedic had remained a city
employee while employed with the county emergency medical services department.
Section 80-520– General employee pension plan board; established; duties.
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Item #8.
CITY COUNCIL MEETING OF AUGUST 12, 2024 PAGE 25
There is hereby established a general employee pension plan board, the duties of which
shall be to manage the general employee pension plan.
Section 80-521– Composition.
The general employee pension plan board shall consist of the following persons:
(1) Manager. The city manager.
(2) City officials. Two elected city officials who shall be appointed by the council
president, subject to confirmation of a voting majority of the city council at its annual
meeting.
(3) Participants. Four participants; active, retired, or vested participants of the general
employee pension plan who shall be elected by the active, retired, or vested
participants of the plan.
(4) Controller/treasurer. The city controller/treasurer.
(5) Election.
(a) Such election shall be for three-year staggered terms, beginning July 1 and
ending June 30 three years later. A regular election for filling these positions
will be held the third week of June each year.
(b) In the first week of April of each year, the city clerk shall notify those eligible to
vote of the exact time and place of the election. Any active, retired, or vested
member of the general employee pension plan who wishes to fill an expiring
term or vacancy must submit their name to the city clerk’s office by the deadline
determined by the city clerk.
(c) Any general employee pension plan member that is eligible to vote and appears
on the listing of qualified voters who will be unable to appear at the polling
place on the date and time of the election may cast his or her vote by absentee
ballot in the general employee pension plan election for the following reasons:
1) armed forces, 2) public service, 3) occupation, 4) sickness, 5) disability, 6)
religion, 7) vacation, or 8) residency outside of the Dover area which makes it
infeasible to vote in person. Participants wishing to vote by absentee ballot must
request an affidavit for absentee voting from the city clerk’s office. Once the
affidavit is returned, the city clerk shall send the participant an absentee ballot
which must be completed and returned to the city clerk’s office. Both the
affidavit and the completed absentee ballot must be returned by the deadline
determined by the city clerk.
(d) Persons appearing to vote shall present proof of identity. The identification shall
be 1 or more of the following items that show the identity of the person: (1) A
current driver’s license or ID card; (2) A uniformed service ID card; (3) Another
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Item #8.
CITY COUNCIL MEETING OF AUGUST 12, 2024 PAGE 26
current photo ID issued by a government agency, the voter’s employer, high
school, or higher education institution. The Election Officer shall then check the
person’s name against the voter list. If the Election Officer determines that the
person is not eligible to vote in the election, the Election Officer shall refer the
person to the city clerk. The city clerk, after hearing and considering evidence,
shall determine whether to permit the person to vote. Upon making the decision,
the city clerk shall appropriately annotate the voter list.
Section 80-522 – Term of office of members.
The term of office of each member of the general employee pension plan board, except
the city controller/treasurer, city manager, and elected city officials, shall commence on the
first day of the month following their election and continue for a period of three years or until
their successor shall be elected and qualified.
Section 80-523 – Officers and ex officio members.
At its first meeting after each regular general employee pension plan board election, the
board shall elect a chairperson and a vice chairperson who shall serve in the absence of the
chairperson. The Committee Chair's responsibilities include chairing general employee
pension plan board meetings, setting agendas, and facilitating communication with the board
as needed. The city controller/treasurer shall be the pension fund treasurer and the treasurer’s
bond shall cover all monies deposited with them.
Section 80-524 – Vacancies.
If a vacancy occurs in the offices of the general employee pension plan board, the
vacancy shall be filled for the unexpired term within 60 days and in the same manner as the
office was originally filled. Should a member of the pension plan board cease to be in the
employ of the city, other than by retiring or being vested in accordance with this division, the
office shall be declared vacant.
Section 80-525 – Compensation of members.
Members of the general employee pension plan board shall serve without compensation.
Section 80-526 – Meetings.
The general employee pension plan board shall make all rules as to the time and place of
meetings; and a majority of its membership shall be required to transact pension board
business. The board shall meet on a quarterly basis to review investment performance but may
meet more frequently if needed. Meetings may be called by the chairperson, vice chairperson,
or three members of the board. The board will follow Robert’s Rules of Order as its
parliamentary authority. The rules contained in the current edition of Robert’s Rules of Order
Newly Revised shall govern the pension board in all cases to which they are applicable and in
which they are not inconsistent with any special rules of order the board may adopt.
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Item #8.
CITY COUNCIL MEETING OF AUGUST 12, 2024 PAGE 27
Section 80-527 – Powers.
The general employee pension plan board, in administering the pension plan, shall have
the following powers in carrying out the purposes thereof:
(1) Payment of funds. To pay funds to those entitled to receive them. The
controller/treasurer shall sign all vouchers for the disbursements of the funds and
shall report to the general employee pension board all financial transactions. Monthly
cash receipts and expenditure reports will be delivered on a quarterly basis. The
quarterly reports shall be provided in writing seven days in advance of the quarterly
meeting.
(2) Purchase annuity contracts. To purchase and pay the costs of group annuity contracts
from any insurance company for the benefit of participants;
(3) Employment of agents, employees, etc. To employ agents, employees, or experts to
assist the pension board in carrying out the provisions of this division, including an
agent to advise and make recommendations concerning the investment of funds, and
to pay reasonable compensation for those services, and the compensation may be paid
from income or corpus of the pension fund or by direct appropriation by the city
council as the pension board and the city council may determine;
(4) Investments. To invest and reinvest money in the pension fund, without any
limitation, in United States or state municipal bonds or group annuity contracts.
Money in the pension fund may also be invested and reinvested in other types of
bonds, stocks, and securities to the extent the pension board may deem best and as is
not prohibited by any law now or hereafter in force limiting the investments of the
trustees. The pension board may from time to time change the investments of the
fund and, to this end, may make sales of any investment privately, without
advertisement and without the necessity of any court order, upon the terms that the
pension board deems proper. The funds and investments may also be from time to
time turned over to and placed in the custody of any fiscal agent designated by the
pension board;
(5) Contracts. To generally contract in matters relevant to effectuating and achieving the
purposes of this plan;
(6) Pension benefits. To receive and pay out pension benefits in accordance with the
provisions of this division, or designate a fiscal agent to receive and pay out the
pension benefits;
(7) Rules and regulations. To make rules and regulations as may be necessary to
effectuate this subdivision.
Section 80-528 – City solicitor to render legal services.
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Item #8.
CITY COUNCIL MEETING OF AUGUST 12, 2024 PAGE 28
The city solicitor shall render whatever legal service the general employee pension plan
board shall require.
Section 80-529 – Appeals.
Any employee dissatisfied with the action of the general employee pension plan board
shall have the right to appeal to the city council within 30 days from the date of formal
notification of that action.
ADOPTED: August 12, 2024
CITY MANAGER'S ANNOUNCEMENTS
Mr. Hugg had no announcements.
MAYOR’S ANNOUNCEMENTS
Mayor Christiansen announced that the First Annual Caribbean Festival will take place on
August 17, 2024. The event will feature a parade at Legislative Hall, starting at noon.
COUNCIL MEMBERS' ANNOUNCEMENTS
Mr. Lewis announced that the Second Annual Latino Festival will take place at Legislative Hall
on Saturday, August 31st.
Mr. Boggerty expressed that Dover and Delaware as a whole have lost a community icon; with
the passing of Apostle Robert Appling, who transitioned on Monday. His services will be held
on Saturday, August 17th, at Speak Life, located at 2736 Forest Avenue. The viewing will begin
at 11 a.m., followed by the service at noon. The viewing begins at 11 a.m. and services start at
noon. Mr. Boggerty also extended his gratitude to Mr. Wolf and his team for their efforts in
distributing COVID test kits. They had 100,000 tests and have already given away over 30,000
kits across the state. The warehouse has been instrumental, delivering 6,000 COVID tests to
Delaware State University and 1,500 tests to the Capital School District, among others. He
mentioned that there are still 70,000 test kits available for organizations or households. Mr.
Boggerty thanked the City Clerk and her team. He noted that the FDA has extended the shelf life
of the COVID test kits, with the new expiration date set for 2025.
Mr. Rocha announced that Dover Christian Church will be hosting a concert at 1738 Forest
Avenue on September 7th at 6:00 p.m. The event is free, with no tickets required, but there will
be a free-will offering. The Brian Cunningham Project will provide musical support during the
event, which will take place in the church parking lot.
Mr. Hare shared that he had received calls from elderly citizens who were in need of COVID test
kits and were afraid to go out. He contacted Mr. Boggerty, obtained a box of test kits, and
distributed them around the neighborhood.
Mr. Neil announced that the band Phish will be performing on Thursday, August 15th. Starting
on August 14th, traffic will be rerouted from Leipsic Road to Persimmon Tree Lane. Residents
in that area will need a pass to access their homes, and these passes have already been distributed
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Item #8.
CITY COUNCIL MEETING OF AUGUST 12, 2024 PAGE 29
by Dover Speedway. The communities have been notified of the changes. Mayor Christiansen
estimated that the event would attract around 40,000 attendees.
Mr. Anderson reminded the public and members that the next set of council meetings are
canceled as is done traditionally to allow staff vacations, et cetera.
The meeting adjourned at 8:20 p.m.
ANDRIA BENNETT
CITY CLERK
All ordinances, resolutions, motions, and orders adopted by the City Council during their
Regular Meeting of August 12, 2024, are hereby approved.
ROBIN R. CHRISTIANSEN
MAYOR
/AB
Exhibits
Exhibit #1 – Email from Constantine Malmberg in support of Resolution #2024-12
Exhibit #2 – Email from Rebecca Kidner in support of Resolution #2024-12
Exhibit #3 – Email from Philip McGinnis in support of Resolution #2024-12
Page 40
Page 41
EXHIBIT #1
Item #8.
Regular City Council Meeting of 08/12/2024
Bennett. Andria
From: Conny Malmberg <cmalmberg@themalmbergfirm.com>
Sent: Monday, August 12, 2024 3:18 PM
To: City Clerks Office
Subject: EXTERNAL: Backflow preventers
Some people who received this message don't often get email from cmalmberg@themalmbergfirm.com. Learn why this is
important
WARNING: This email originated from outside of the organization. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Dear City Council;
I urge you to support Resolution 2024-12, The Moratorium for Backflow Preventers.
Small retail and office users are not going to pollute our water system
The cost of installing these devices far exceeds the benefit and puts our citizens and especially our small
businesspeople at great financial hardship.
Thank you very much for your consideration.
Respectfully submitted,
---Constantine Malmberg
THE MALMBERG FIRM LLC
Constantine F. Malmberg III
30 The Green Dover, DE 19901
(302) 672-5600 Phone
(302) 672-5609 Fax
This message may contain attorney-client communications or other protected information. If you believe you are not an intended recipient (even if this message
was sent to your e-mail address), you may not use, copy, or retransmit ii. If you believe you received this message by mistake, please notify us by return e-mail,
and then delete this message. Thank you for your cooperation.
Page 41
Page 42
EXHIBIT #2
Regular City Council Meeting of Item
08/12/2024
#8.
Rivera, Arielle M
From: Rebecca Kidner <rbk@kidner.com>
Sent: Monday, August 12, 2024 5:14 PM
To: City Clerks Office
Subject: EXTERNAL: Please Support Resolution 2024-12, The Moratorium for Backflow Preventers
Some people who received this message don't often get email fromrbk@kidner.com. Learn why this is important
WARNING: This email originated from outside of the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Dear City Council Members:
Please Support Resolution 2024-12, The Moratorium for Backflow Preventers. While we understand the
overall importance of protecting the City's potable water system, we do not believe that installation and annual
inspection (at the expense of the owner) of a separate backflow preventer on the upstream water line for low
risk properties like our home and office space provides any measurable protection in the case of a line break
and resultant siphonage of water out of our pipes back into the City's system. Recently during testimony before
the Leg. and Fin. Committee, it was learned Dover's potable water system is interconnected which means that
if one pump fails, the other pumps maintain pressure. This means positive flow remains, significantly reducing
the chances of water backflow back into the City's system.
We respectfully urge the Council to adopt Resolution 2024-12 in its entirety, and then work with the various
business and real estate organizations such asthe Central Delaware Chamber of Commerce and the Kent County
Association of REALTORSto fashion a workable and reasonable solution to the use of backflow preventers in
those properties located in Dover that may be considered "high risk" to the City's water system. We would also
ask that the moratorium not grandfather any property class, Le., that any action taken in furtherance of
requiring backflow preventers shall be null and void until a comprehensive rule is implemented after due
consideration. Thank you for your attention to this matter, and as property owners, we stand ready to work
with you and members of the City to address concerns relating to backflow preventers.
Respectfully,
Scott and Rebecca Kidner
15 Kings Hwy.
Dover, DE 19901
1
Page 42
Page 43
EXHIBIT #3
Regular City Council Meeting of 08/12/2024
Item #8.
Bennett. Andria
From: Philip McGinnis <pjm@mcginnisrealty.com>
Sent: Monday, August 12, 2024 3:06 PM
To: City Clerks Office
Subject: EXTERNAL:Support Resolution 2024 - 12 Back Flow Preventers Moratorium
Somepeople who receivedthis messagedon't ohen get email frompjm@mcginnisrealty.com.Learnwhy this is important
WARNING: This email originated from outside of the organization. Do not click links or open attachments unless you recognize
the sender and know the content is safe.
Dear City Council-
I urge you to support Resolution 2024-12, The Moratorium for Backflow Preventers.
While I do not dispute that heavy industrial manufacturing users should have backflow preventers, small
retail and office users are not going to pollute our water system.
The cost of installing these devices far exceeds the benefit and puts our citizens and especially our small
businesspeople at great financial hardship.
Please let us reconsider this program.
Please also consider that this moratorium should not grandfather any property class, for example, any
properties currently under pressure to install these devices.
Thank you very much for your assistance on this very important matter.
Phil McGinnis, CCIM, GAA, ACoM, ALC, e-PRO
McGinnis Commercial Real Estate Company
302-736-2710 office
302-270-0656 cell
mailto:pjm@mcginnisrealty.com
,
~c
, f'
1 Page 43
Page 44
Item #9.
SPECIAL LEGISLATIVE FINANCE AND ADMINISTRATION COMMITTEE
A Special Legislative, Finance, and Administration Committee Meeting was held on August 05,
2024, at 6:01 p.m. with Chairman Rocha presiding. Members of Council present were Council
President Anderson, Ms. Arndt, Mr. Boggerty, Mr. Hare, Mr. Lewis, Mr. Neil, Dr. Pillsbury, and
Dr. Sudler. Mayor Christiansen was absent. Civilian members present were Mr. Shevock and
Mr. Garfinkel (Legislative, Finance, and Administration).
ADOPTION OF AGENDA
Dr. Sudler moved for adoption of the agenda, seconded by Mr. Shevock and unanimously
carried.
Discussion – Recreational Marijuana Land Uses, Related Zoning Regulations, and Review
of Proposed Ordinances #2024-24 and #2024-25 (David S. Hugg, III, City Manager and Ann
Marie Townshend, Rossi Group)
Mr. David S. Hugg, III, City Manager provided background information regarding the ordinances
and the future timeline.
This item was informational, and committee action was not required.
Ms. Ann Marie Townshend, Rossi Group, provided members with an update regarding the
proposed ordinances. Ms. Townshend explained that the packet includes a version of the
ordinances in which retail use is distinguished from other uses. She explained that the reasons for
this decision were because state level licenses for cultivation and manufacturing would begin being
issued in November, and these facilities are not open to the public. She believed that separating
the manufacturing, cultivation, and testing facilities from the initial ordinances could help ease
some of the challenges posed by differing opinions.
Ms. Townshend also mentioned that they included a white paper explaining the necessity of
adopting an ordinance and outlining what the state statute permits and restricts at the local level.
Additionally, she explained that they provided background information to address questions about
grandfathering a business.
Ms. Browyn Sherman, and Ms. Ann Marie Townshend, Rossi Group, reviewed the presentation
entitled “City of Dover Recreational Marijuana Ordinances” (Attachment #1).
Responding to Mr. Rocha, Ms. Townshend stated that the Delaware General Assembly passed
House Bill 408, which allows an existing compassion center to apply for conversion to a
recreational marijuana license during the state licensing process. She noted that Dover has one
compassion center, Best Buds.
Responding to Mr. Rocha, Ms. Townshend stated that yes, Best Buds could convert their license,
and they could do both. She explained that the challenge is that if there is a distancing requirement
from residential zones and daycares, they would not meet them. However, there is a possibility
that they could be grandfathered in due to their existing operation and current location approval.
Responding to Mr. Boggerty, Ms. Townshend stated that the ordinance cannot be utilized in
reverse. If someone chooses to open a daycare next to an existing retail facility, the facility cannot
be forced to close since it was established first.
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Item #9.
SPECIAL LEGISLATIVE FINANCE AND ADMINISTRATION COMMITTEE
MEETING OF AUGUST 05, 2024 PAGE 2
Responding to Dr. Pillsbury, Ms. Townshend stated that home daycares could be included because
they are typically in residential zones therefore it may not have a huge effect.
Responding to Dr. Pillsbury, Ms. Townshend explained that daycares are easy to include because
they are licensed, providing clear data on their locations. However, churches and places of worship
are not as straightforward, since they are only issued a public occupancy permit, which can apply
to various uses. Schools, like daycares, are also easy to include because they are licensed, and their
data can be accessed to support distancing requirements.
Responding to Dr. Sudler, Ms. Townshend stated that the city ordinance would not apply to any
property within the city limits that is not annexed into the city. For example, a property on College
Road that is near a place of worship could hypothetically obtain a license from the county. She
explained that the only thing the city could do would be to provide public comment during the
public notice period on the record. However, because the property is not annexed into the city,
there would be no way to apply the city ordinance.
Responding to Dr. Sudler, Ms. Townshend stated that if the city were to obtain any economic
growth it would be through water and electric consumption.
Responding to Dr. Sudler, Ms. Townshend explained that the water and electric utilities are self-
sufficient and are not supported by tax dollars; instead, they help offset some of the tax burden.
She further clarified that she does not foresee a spike in taxes due to the updates required for the
water system to sustain cultivation. Ms. Townshend added that if Council is concerned about
cultivation creating a higher demand on services, they have the option to prohibit it. She
emphasized that Council does not need to accept or reject all proposed uses; they can determine
which options best serve the city's interests.
Dr. Sudler stated that his constituents have expressed support for recreational usage with certain
restrictions, but they are concerned that cultivation could drive up costs that would impact
taxpayers. They worry that cultivation may place additional strain on the water infrastructure,
potentially leading to a financial burden on taxpayers when the system requires updates.
Responding to Mr. Boggerty, Ms. Townshend stated that there are some instances where an area
is not in the city but still uses city services. She explained that the draft ordinances include a clause
requiring that any utility upgrades necessary to support the use would be funded by the business
owner or applicant.
Responding to Dr. Pillsbury, Ms. Townshend stated that the distinction between a commercial
seller and a cultivator would be reflected in the business license fee. She explained that, to comply
with state law, the city cannot impose different licensing fees for these entities.
Mr. Hugg stated that the state law prohibits the city from assessing a tax for making revenue other
than business licenses and utility services.
Responding to Dr. Pillsbury, Mr. Hugg stated that some of the information in the white paper
covers the different licenses. He explained that in order to operate within the city they would all
need a city business license. The retail license for example could be three hundred dollars and a
cultivation could be five hundred dollars. However, the retail license has to be consistent with what
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Item #9.
SPECIAL LEGISLATIVE FINANCE AND ADMINISTRATION COMMITTEE
MEETING OF AUGUST 05, 2024 PAGE 3
is charged for other retail licenses. He further explained that in the case of those specific business
licenses, there is an opportunity to have a small tax on the gross receipts, however, it is not a budget
saver.
Responding to Dr. Sudler, Mr. Hugg stated that creating a budget saver tax is not feasible because
state law explicitly prohibits the city from imposing such a tax. He explained that the issue is
legislative, as the state sets the rules. For example, the city cannot declare marijuana illegal because
the state has legalized it under certain circumstances. However, municipalities do have the
authority to determine where these activities can take place. Furthermore, he noted that while the
city's regulatory power is limited, they can implement zoning provisions, designate site locations,
and set hours of operation to help mitigate the direct impact.
Responding to Dr. Sudler, Mr. Hugg stated that the Delaware General Assembly did not want it to
become a profit center for the local governments.
Responding to Mr. Lewis, Mr. Hugg stated that he was correct. Aside from the small fees
associated with the licensing and the property taxes associated with the potential sale of a building
the city would not obtain any amount of revenue. Mr. Hugg confirmed that the property taxes
would still apply. He explained that the greatest revenue potential would come from the cultivation
because there is a greater possible utility impact. However, there are areas of concern for things
like the water infrastructure, which is why the ordinances have a provision that if they require a
new water source, they will have to pay for it.
Responding to Mr. Lewis, Ms. Townshend stated that the Compassion Centers or medical
dispensaries are nonprofit, and the definition came directly from the state statute.
Responding to Mr. Rocha, Ms. Townshend explained that they would need to consult the Office
of the Marijuana Commissioner to understand how the conversion license would apply to a
Compassion Center that operates as a nonprofit, and how it could maintain its nonprofit status
under the new regulations.
Responding to Mr. Garfinkel, Mr. Hugg stated that, hypothetically, if a legally operating facility
within the county that met all state requirements was annexed into the city but did not meet city
requirements, the city would face a grandfathering issue because the facility has the right to
continue operating as it did before annexation. Since it was legally established prior to annexation,
it must be allowed to remain in operation. However, he explained that under most grandfathering
ordinances, the facility would be prohibited from expanding or rebuilding if, for example, the
building was to burn down. He noted that there are restrictions, and in some cases, the
grandfathering rights could be lost if certain circumstances occur.
Mr. Hugg emphasized that the enclaves of land that are not annexed into the city but are surrounded
by the city are a cause for concern. He stated that those areas could be approved for one of the uses
by the county if they so choose and it would be treated like any other retail store.
Ms. Townshend finished reviewing the presentation.
Responding to Mr. Rocha, Ms. Townshend stated that if the ordinance is passed, there would be
limited options for where facilities could be located. She explained that some cultivation could
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Item #9.
SPECIAL LEGISLATIVE FINANCE AND ADMINISTRATION COMMITTEE
MEETING OF AUGUST 05, 2024 PAGE 4
take place in agricultural areas; however, all cultivation must occur indoors, as state code does not
permit outdoor cultivation.
Responding to Mr. Rocha, Ms. Townshend stated that the Draper Farms property is located across
from the high school. In this case, it would be necessary to evaluate whether the building could be
positioned far enough from the school. While cultivation is permitted in the agricultural zone,
manufacturing is not. Additionally, since the area is part of the agricultural preservation program,
its compatibility with the program would need to be reviewed.
Responding to Mr. Rocha, Ms. Townshend stated that odor control is required in cultivation.
Responding to Dr. Sudler, Ms. Sherman stated that state requirements mandate HEPA filtration
systems for cultivation. In drafting the proposed ordinances, they incorporated language from
Maryland that includes provisions for odor control. She explained that while no specific method
for odor control is prescribed, the responsibility lies with the business owner to identify an effective
solution. As long as the method is effective, the ordinances do not prescribe a particular type of
filtration system.
Responding to Dr. Sudler, Ms. Sherman stated that she has not done a ton of research on what
specific systems are effective. However, the HEPA filtration systems seem to be somewhat
effective.
Dr. Sudler explained that he would like to see some examples of effective systems. He expressed
concerns about placing a facility in a specific area without knowing how it could affect those
individuals' health.
Responding to Dr. Sudler, Ms. Sherman stated that they are not prescribing a specific method
because it is an emerging field, and they are hopeful that new, more effective methods will be
discovered. She also explained that there has been continued research on the health impacts coming
out of Canada because they were legalized before the United States.
Ms. Townshend stated that typically when designing a building where odor control and air quality
are a concern, an industrial hygienist or mechanical engineer would be brought in.
Mr. Hugg stated that it is not clear in the state regulations, but he believes that an air pollution
permit would be required.
Responding to Mr. Anderson, Ms. Townshend stated that from her understanding, both cultivation
and manufacturing are water and electric-intensive and have potential odor issues.
Responding to Mr. Anderson, Mr. Hugg stated that the city receives a water allocation from the
state based on hydrology, and the state could potentially determine that the city has reached its
maximum allocation. He explained that economic development often involves trade-offs, as heavy
water usage can place a strain on the water system and complicate the provision of other services.
Similar issues arise with electricity; the electrical grid is stressed, and there may soon be a need to
add a new baseload generation facility on the peninsula. One concern regarding the cold storage
project at Garrison Oak is that it will draw a significant amount of capacity from the new
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Item #9.
SPECIAL LEGISLATIVE FINANCE AND ADMINISTRATION COMMITTEE
MEETING OF AUGUST 05, 2024 PAGE 5
substation. While there is sufficient capacity to support the project, it does make system
management decisions more challenging.
Responding to Mr. Boggerty, Mr. Hugg stated that he could compile a list of typical electric and
water consumption for a facility. He explained that while indoor cultivation has a less direct impact
compared to growing product in an open field, it still requires a significant amount of water to
support plant growth.
Ms. Townshend suggested that they could also compare the data to the usage of other large
industrial users.
Responding to Mr. Anderson, Ms. Townshend agreed that the impact of a testing facility is not
greater than that of a retail operation, and she suggested that some of the distancing requirements
for testing facilities could be relaxed.
Responding to Mr. Anderson, Ms. Townshend stated that the state does not differentiate between
types of products in manufacturing. She explained that the definitions were kept consistent with
those in the state statute to avoid any unintended conflicts.
Ms. Townshend stated that the City of Newark has a facility called, which handles both cultivation
and manufacturing and is currently seeking to convert its license. She explained that they have
reviewed their water and electric consumption and can provide this information as a Delaware
example.
Responding to Mr. Anderson, Mr. Hugg stated that there has been a movement at the federal level
to decriminalize marijuana, transitioning it to a less regulated drug. He explained that while this
shift could impact public safety officials, it primarily concerns the retail sale of marijuana rather
than its manufacturing, cultivation, or testing. Under state law, non-retail activities are highly
restricted, with public access to those facilities being minimal, thereby reducing the likelihood of
code violations. However, the retail side is open to the public, increasing the potential for security
issues and building violations, which would ultimately fall under the responsibility of public safety
officials.
Responding to Dr. Sudler, Mr. Hugg stated that under the current draft ordinances, a dispensary
could not be opened downtown. The draft only recognized the C-4 district, which covers the
commercial strip along the highway. He explained that if the council wishes to include the
downtown district, they would need to add the C-2 zoning district as an allowable option.
Dr. Sudler expressed constituent concerns about having a dispensary downtown, especially on
Loockerman Street.
Ms. Townshend stated that in some western regions, due to environmental and climate concerns,
certain areas require facilities to have onsite renewable energy or incorporate a sustainability plan
to help address electricity usage issues.
Responding to Mr. Hare, Mr. Hugg stated that they could compile data on the facility's square
footage, as well as its water and energy consumption. With this information, Mr. Hugg would be
able to calculate the facility's costs using the applicable rate schedules.
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Item #9.
SPECIAL LEGISLATIVE FINANCE AND ADMINISTRATION COMMITTEE
MEETING OF AUGUST 05, 2024 PAGE 6
Responding to Mr. Lewis, Ms. Townshend stated that the current medical dispensary could only
convert to selling retail marijuana if permitted under the zoning regulations. She explained that, as
the ordinance currently stands, such a conversion is not allowed. However, she noted that the
council has the authority to permit the conversion, as the final decision rests with them.
Responding to Mr. Lewis, Mr. Hugg stated that the new amendment would not overrule any city
ordinance. He explained that it could remain there as a medical marijuana facility because it has
already been approved to be in that location. However, if they were to request to become a retail
facility and the ordinance says they have to be 250 feet away from a house then they would not be
allowed to expand into that.
Mr. Shevock stated that the Draper Farm properties are designated as farmland preservation, where
the construction of buildings is not permitted.
Responding to Mr. Rocha, Mr. Shevock explained that on agricultural preservation properties, the
state has purchased the building rights, prohibiting any development. The only permitted activity
is the planting of crops.
Responding to Mr. Rocha, Ms. Townshend stated that even if the city were to rezone the area, the
state has already received funds to remove it from production.
Ms. Arndt stated that there are different kinds of agricultural preservation and if that area is in
permanent preservation nothing can be done there. Also, there are different districts in which they
can be in for ten years and then come out of the district and reconsider the options.
Responding to Mr. Garfinkel, Ms. Townshend stated that when the medical marijuana legislation
passed a zoning determination was done. It was decided that the facilities would be looked at
similarly to a pharmacy because a prescription would be needed.
Responding to Mr. Garfinkel, Ms. Townshend stated that section 24.2 is the state definition, but
they may need to modify that provision because it was intended to be for retail use.
Mr. Rocha moved for adjournment of the Legislative, Finance, and Administration
Committee meeting, hearing no objection the meeting adjourned at 7:30 p.m.
Gerald L. Rocha, Sr.
Chair, Legislative Finance and Administration Committee
Attachments
Attachment #1 - Presentation entitled "City of Dover Recreational Marijuana Ordinances”
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ATTACHMENT #1
Special Legislative, Finance, and Administration Committee meeting
Item #9.
of
08/05/2024
City of Dover Recreational
Marijuana Ordinances
Business Licensing & Zoning
Page 50
Page 51
Timeline to Date Item #9.
7/5/2023 6/11/2024
CCW discussed two draft ordinances and requested additional
DE Marijuana Control Act went into effect.
research.
9/26/2023 7/9/2024
CCW heard a presentation about the act and discussed next steps. Sense of CCW recommended a moratorium on recreational marijuana uses
Council was to allow uses in Dover. through 12/31/2024. Survey was extended through 8/31/2024.
4/9/2024 7/22/2024
Rossi presented on ordinance options and CCW moved to have ordinances
City Council passed moratorium.
drafted, focusing retail on C-4 and other uses in Industrial Zones. Page 51
Page 52
Survey Update Item #9.
• Promotion:
• Link on front page of website
• Link shared with City council
7/2/2024 7/15/2024 • Landing Page on City Website
• Online Survey • Paper Survey Available • Mailed with utility bills
Launched at Public City Buildings
& Mailed with Utility
• Available at public City buildings
Bills
• Participation to date (8/2/24)
• Online Responses: 924
• Paper Survey Responses: 287
• 1,211 Total
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Webpage Item #9.
https://www.cityofdover.com/MarijuanaRegulations
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Survey Themes and Trends Item #9.
• Majority (>50%) favors allowing • Biggest concerns are odor and
all uses increased crime
• Distancing support strongest • Biggest potential benefit of
(>50%) for: interest is economic growth
• Schools
• Daycares
• Rehabilitation Centers
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Respondent Demographics Item #9.
Age Distribution District
Under 21:
1%
District 1:
11%
Over 64: 21-34: Do not live in
30% 21% City:
25% District 2:
18%
35-44:
55-64: 20%
Unknown: District 3:
13% 14% 20%
45-54: Do not live in
15% City, but own a District 4:
business in 8%
City:, 4%
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Why is an Ordinance Needed? Item #9.
• City Code does not currently define any marijuana related business.
• City Code does not zone land uses or dictate regulations for marijuana
related businesses.
• The public, businesses owners, City staff, and OMC will need clear
guidance if retail marijuana is to be treated differently than other
retail uses.
• Absence of Code requirements leaves the uses open to
interpretation.
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Ordinance Options Item #9.
Prohibit Permit Permit with Restrictions
The City may enact a The City may enact a If the City permits
policy prohibiting all policy allowing recreational marijuana
recreational marijuana recreational marijuana uses in certain zones,
businesses within City businesses to open as additional restrictions
limits. permitted uses within may be implemented
certain zones. to regulate the time,
place, or manner in
which businesses
operate.
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Permit with Restrictions Item #9.
Distancing Requirements Additional Requirements
• May be used to prevent a • Limiting hours of operation,
marijuana facility from opening requiring added odor control,
near incompatible uses, such as specifying architectural design and
schools. signage standards, prohibiting
• Evaluation is needed to ensure that outdoor seating, etc.
a proposed location meets any/all
distancing requirements, which
creates administrative workload for
staff.
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Other Jurisdictions Item #9.
New Castle County Municipalities Permitting Municipalities Discussing
-Working on Ordinance with Restrictions: Permitting:
Kent County • Georgetown, Newark, Seaford, • Milford, Wilmington
-No Ordinance Planned Wyoming
Sussex County
-Ordinance with restrictions
Municipalities Prohibiting: Municipalities Discussing
• Bethany Beach, Bridgeville, Prohibiting:
Dagsboro, Dewey Beach, Fenwick • Blades, Greenwood
Island, Middletown, Millsboro,
Millville, Ocean View, Rehoboth
Beach, South Bethany
Page 59
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Proposed Ordinance Strategy Item #9.
Separate Retail From Cultivation, Manufacturing and Testing
• Cultivation and manufacturing licenses will be issued beginning in
November
• There have been fewer public comments regarding these uses
• These uses are not open to the public
• Amendment needed to add distancing requirements for childcare and
rehabilitation centers
Page 60
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Timeline Moving Forward Item #9.
August September October November December January February March
2024 2024 2024 2024 2024 2025 2025 2025
Retail &
License Conversion Cultivation Manufacturing
State Licenses Testing
Apps Licenses Licenses
Process Issued Issued Licenses
Accepted Issued
Issued
City
Ordinance Council
Rec. From First PC Public
Hearing &
Non- CCW Reading Hearing
Action
Retail
Council
City Retail Rec from First PC Public
Hearing &
Ordinance CCW Reading Hearing
Action
*Moratorium Expires 12/31/2024
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Business Licensing Ordinance Item #9.
• Adds definitions for each license type excluding retail
• Adds each license type to the fee schedule in Appendix F- Fees and
Fines, Chapter 26
• Cultivation, Manufacturing, and Testing facilities – fees consistent
with Manufacturers/Contractors
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Zoning Ordinance Item #9.
N
Cultivation, Manufacturing, and
Testing
• Adds Marijuana Cultivation,
Manufacturing, and Testing facilities
as permitted uses in Manufacturing
Zones (M) and Industrial Park
Manufacturing Zones (IPM)
• Adds Marijuana Cultivation facilities
as a permitted use in Agricultural
Zones (A)
• All uses subject to the requirements
outlined in Article 5, Section 24.
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Article 5- Supplementary Regulations Item #9.
Cultivation & Manufacturing Testing Facility Restrictions
Facility Restrictions
• Distancing: 500 ft from the lot line of • Distancing: 500 ft from the lot line of
• Residential zone • Residential Zone
• K-12 School • K-12 School
• Hospital • Hospital
• College/University
• Odor Control
• Valid State License
• Valid State License
• Door and Window Coverings
• Compliance with Code of Ordinances
• Applicant pays cost of infrastructure
upgrades
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N
Item #9.
A, IPM, & M with 500
ft buffer from K-12
schools, hospitals,
residential zones, and
colleges/universities.
Page 65
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Usable Agricultural Zones for Cultivation Item #9.
North of Rt. 8 on West side of City East of Rt. 1 and North of Rt. 8
1
8
8
Page 66
Page 67
Usable Manufacturing Zones Item #9.
Kraft Foods and Enterprise
Business Park North of Rt. 8 along the railroad
8
*Daycares located nearby Page 67
Page 68
Usable Manufacturing Zones Item #9.
Near Dover AFB McKee Business Park
13
1
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Item #10.
COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole met on August 13, 2024, at 6:00 p.m. with Council President
Anderson presiding. Members of Council present were Ms. Arndt, Mr. Boggerty, Mr. Hare, Mr.
Lewis (departed at 9:47 p.m.), Mr. Neil, Dr. Pillsbury, Mr. Rocha, and Dr. Sudler (departed at
10:04 p.m.). Mayor Christiansen was also present. Civilian members present for their Committee
meetings were Mr. Tholstrup, Mr. Lewis (Parks, Recreation, and Community Enhancement), and
Dr. Jackson-Short (Safety, Advisory, and Transportation). Ms. Smack (Safety, Advisory, and
Transportation), Mr. Iriowen, and Mr. Wilson (Utility) were absent.
ADOPTION OF AGENDA
Mr. Rocha moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously
carried.
Council Reports – July 2024
First District
Dr. Pillsbury had no report to give.
Mr. Rocha reported that he had a good time attending the groundbreaking ceremony for Habitat
for Humanity on New Street, where he was joined by Mayor Christiansen. He also reported that
he is working on a constituent concern in the Turnberry development where a few golf balls have
gone through the windows on the back of his house on several occasions.
Second District
Mr. Lewis reported that he had nothing major to report, except that he was working on addressing
constituent concerns regarding garbage pickup and water issues. He also reported that he plans to
have a community meeting, and he will be advertising that in September.
Mr. Hare reported that he has received complaints from the neighborhood concerning the
upcoming development off Wyoming Avenue.
Third District
Mr. Neil reported that he attended several meetings, including the special Downtown Dover
Partnership meeting, multiple Construction and Property Maintenance Code Board of Appeals
meetings, and meetings to arrange interviews for the Finance Director position. He reported that
he continued to receive constituent complaints from the East Lake community regarding
homelessness, excessive noise, dog waste, the need for signs, and the possible need for the creation
of a neighborhood watch program. He thanked Sharon Duca, Assistant City Manager, Master
Corporal Lee Cullen, and Eddie Kopp, Chief Code Enforcement Officer for their assistance. He
received help from Eddie Kopp addressing questions about the Wild Meadows community pool at
the request of the Homeowners Association President. At the request of Jason Lyon,
Water/Wastewater Director, Ms. Arndt and Mr. Neil sent out an alert regarding the special flushing
operation which would take place on August 13, 2024, before the Phish concert scheduled to start
on August 15, 2024. The communities that would be affected included Persimmon Park Place,
Persimmon Park Apartments, and Wild Meadows. Although the Homeowners Association
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Item #10.
COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 13, 2024 PAGE 2
distributed resident vehicle passes needed because of the traffic detours, he reported receiving
constituent inquiries regarding the concert traffic and the passes needed. He also reported that he
obtained a pass for Ms. Marilyn Smith to allow her access to the area, so she can experience
firsthand the challenges residents face during major events that cause detours. In closing, Mr. Neil
stated that he received a constituent complaint regarding the shaving of the sidewalks on State
Street, which is something that has been done on a regular basis during the new paving jobs,
especially those involving trees and flexible concrete. He thanked Ms. Duca for her quick response
to that concern as well.
Ms. Arndt reported that, in addition to Mr. Neil's report, she attended the National Night Out at
Dover High School, where she was joined by Mr. Rocha, Mr. Boggerty, and Mr. Lewis. The event,
organized by law enforcement and volunteer firefighters from across the state, featured a
demonstration by the newest volunteers using the jaws of life to cut into a car. She was grateful
for the recruitment of younger and new volunteers.
Fourth District
Dr. Sudler reported that he met with the New Street Neighborhood Watch at the House of Pride,
along with Bishop Lott and their executive staff, to discuss renaming South New Street to Marian
Harris Way. The proposed name aims to address the stigma of the street being dangerous while
helping administer a psychometric instrument to assess the needs of the community via each family
unit. They plan to create a survey to evaluate the needs of each family and how to also address
them individually. Additionally, they are organizing a back-to-school drive and a clean-up day
around the church, which Dr. Sudler plans to assist with. He spoke to Ms. Arndt about partnering
with other agencies to bring Riddick Bowe, former heavyweight champion and two-time Olympic
medalist, to Dover to speak with the youth. Mr. Bowe is interested in sharing his experiences and
offering guidance on overcoming life challenges, drawing from his own journey through the
highest levels of boxing and personal setbacks. Dr. Sudler stated that he is looking forward to
working with Ms. Arndt, the Parks and Recreation Committee, and anyone else interested in
partnering with the City of Dover to bring him here. Mr. Bowe’s manager stated that he is willing
to come for about $6,000, which he stated is reasonable and he feels the funds could be raised and
the city could host the event. In closing, he stated that it would be a great opportunity for the youth,
especially for the gang prevention group.
At-Large
Mr. Boggerty reported that approximately 31,000 COVID tests have been distributed out of the
100,000 the city received. The tests have been distributed across the state, and requests continue
to come in. Mr. Boggerty welcomed any agency, organization, or neighborhood watch to reach
out if they need COVID tests. He reported that he attended the Central Delaware NAACP Branch
Gala and National Night Out. He spoke to several individuals regarding the Lincoln Park issues
which Ms. Duca and Code Enforcement have begun to address. He has also initiated the process
to address the lighting problem on New Street and attended several Construction and Property
Maintenance Code Board of Appeals meetings.
Council President Anderson
Council President Anderson reported that he also attended the Central Delaware NAACP Branch
Gala. He explained that the panel discussed several issues relevant to the city, including challenges
related to community engagement, which is a common difficulty for many organizations. He
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Item #10.
COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 13, 2024 PAGE 3
attended several events, one of them was a presentation by the Department of Health and Human
Services at the Dover Public Library. He has been addressing a potential water leak or meter issue
at The Peoples Church, where their usage has been recorded as 153,000 gallons in a month.
Ongoing issues with double parking persist in the Woodcrest development, along with new
concerns on North New Street. He explained that he is working on bringing the Innovative
Readiness Training (IRT) program which provides health services in coordination with the
reserves to the city's people. The event was successful before and brought in about $1.3 million in
services, and helped over 3,000 residents, with approximately 18,000 medical procedures,
including dental and eye examinations. The goal is to include a behavioral health component in
the screenings and connect participants with local services.
DHSS/DSAMH Overdose Response Center Presentation (Edward Schiavi, Manager-
Overdose Response Center)
Mr. Edward Schiavi, Overdose Response Center Manager, reviewed the presentation entitled
“Overdose Response Center (ORC)” (Attachment #1).
This item was informational, and committee action was not required.
Responding to Mr. Rocha, Mr. Schiavi stated that recovery is a complex issue, and multiple
attempts may sometimes be necessary. The Division of Substance Abuse and Mental Health
(DSAMH) provides support for the underinsured and uninsured individuals seeking treatment. He
explained that a sister unit has case workers available to follow people through treatment. Mr.
Schiavi continued to explain that he could collect information on how they operate and what they
evaluate. He stated that every individual who enters treatment through DSAMH has a record of
their treatment created along with a Consumer Reporting Form. This will track their treatment,
and the ORC team can look at the gaps through the research and program analysis.
Responding to Mr. Rocha, Mr. Schiavi stated that he cannot confirm whether new recovery
facilities will be established as a result of the opioid funding lawsuit. However, he explained that
they are working on developing clinical behavioral health clinics that will collaborate with existing
organizations to make funding more accessible to those who might otherwise be ineligible.
Responding to Dr. Pillsbury, Mr. Schiavi stated that the Help is Here website advertises the free
distribution of Narcan. The Help is Here logo is prominently displayed in various locations, such
as on DART buses, and opioid rescue kits are also visibly available on the streets.
Responding to Dr. Pillsbury, Mr. Dalton Clouse, Overdose Response Center Data Analyst, stated
that CVS Pharmacy now has all of the Help is Here publications on display in their pharmacies.
When a prescription is picked up, the bag will contain the Help is Here website, and if they need
help with opioid issues or if they need Narcan the contact information will be on the bag.
Responding to Dr. Pillsbury, Mr. Schiavi stated that they are developing harm reduction vending
machines with grant funding. One challenge has been the requirement for a standing order on
Naloxone distribution, which includes a training component on how to administer it and its use.
This requirement makes it difficult to distribute Naloxone freely. He mentioned that he would look
into how pharmacies might charge for items that are otherwise distributed for free.
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Item #10.
COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 13, 2024 PAGE 4
Responding to Dr. Pillsbury, Mr. Schiavi stated that DSAMH does recognize the risk of overdoses
while taking prescription medications. He explained that they have introduced DETERRA bags
for the safe disposal of unused prescription medications. Additionally, they collect data on
overdoses related to prescription medications through EMS reports.
Responding to Mr. Lewis, Mr. Schiavi stated that their office is located at the Herman Holloway
Campus at 1901 N. Dupont Highway, New Castle, just outside of Minquadale, where they collect
data. The Post Overdose Response Teams (PORTs) have case managers and peers in the New
Castle office. The state service center is where the Kent County PORT is currently located, and in
Sussex County, they are looking for a location. Currently, peer and case workers in Sussex County
are operating through a Health Resources and Services Administration (HRSA) grant, and he
believes they may be based in the Georgetown State Service Building, though he is not certain. He
explained that there are resources available in each county, along with a network of partners who
can be contacted via email, phone, or Zoom to address specific area needs.
Responding to Mr. Lewis, Mr. Schiavi stated they would like to man the center seven days a week
with rotating data intelligence analysts. He explained that they currently have an opening for a
third data analyst intelligence analyst. They also have openings in Sussex County for their case
management workers and two operational planners. All the positions are contractual employees
through DSAMH.
Responding to Mr. Lewis, Mr. Schiavi stated that he does not know if there is a contingency plan
for when the drug treatment centers become full. He explained that they do collaborate with
partners in Maryland on different trends and that they recently discussed people coming into
Delaware from Salisbury and vice versa and how that affects some insurances. Also, there is a
treatment facility in Bowling Green, Pennsylvania that they contract with. They also utilize a
program called Open Beds where if someone is engaged with an individual that needs to be placed
immediately, they can check the website and locate an available bed for that person to go to.
Responding to Mr. Lewis, Mr. Schiavi stated that yes, they can give presentations. The Overdose
Response Center email address is orc@delaware.gov, and there is a Narcan team website where
requests for presentations and Narcan can be made. The Narcan team will go out and give a training
module for administering Narcan and handing it out as well.
Responding to Dr. Sudler, Mr. Schiavi stated that they are currently in the process of building the
data as they do not have a caseload with individuals. He explained that they are out in the public
to engage people. For example, if they know that Troop 2 plans to respond to a particular cluster
of motels on New Castle Avenue due to quality-of-life issues, they will go out and canvas the
motels. Often, they encounter two to three hundred rooms in a three-block radius. They educate
people on Narcan and try to get people engaged with the Bridge Clinic for an assessment. There
are a few compartments at DSAMH, and the Bridge Clinic is one where the uninsured or
underinsured individuals can walk in and get resources. He explained that they can build models
from the data collected by the Bridge Clinic, and they look at models from other states as well.
Once they can gather a good sample size, they will be able to determine the effectiveness of the
data to point things in certain directions.
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Item #10.
COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 13, 2024 PAGE 5
Responding to Dr. Sudler, Mr. Schiavi stated that the Community Response Teams (CRTs) are all
volunteers. They go through an orientation and a series of training sessions and are required to
respond to at least four even a year to qualify. They are the ambassadors, or force multipliers for
being out in the community.
Responding to Dr. Sudler, Mr. Schiavi stated that there are a lot of co-occurring instances that
happen with substance abuse, mental health, and homelessness within the treatment process. He
noted that while this is not his primary area of expertise, their approach involves addressing
pressing issues and tackling underlying mental health conditions or substance abuse, depending
on the treatment episode. DSAMH employs psychiatrists who evaluate those programs.
Responding to Dr. Sudler, Mr. Schiavi stated that the encampment teams that go out get to know
some of the individuals personally. For example, DelDOT has a very sound policy on dealing with
encampments on DelDOT properties and part of their policy is to contact the Bridge Encampment
Team. The Bridge Encampment Team will go out to Seaford, New Castle, Dover, Rehoboth, or
even the Ollie encampment weeks in advance. They visit several times a week to identify
individuals, offer services, educate them about Narcan, and explore options for relocation. This
proactive approach has led to successful outcomes, often leaving only debris by the time cleanup
begins. The Bridge Encampment Team demonstrates considerable compassion, such as storing
personal items like bicycles for individuals who enter treatment and returning these items once
they complete detox. Many of the individuals involved in the encampment teams have a lot of
experience and can identify with the individuals.
PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE
The Parks, Recreation, and Community Enhancement Committee met with Chairwoman Arndt
presiding.
Adoption of Agenda
Mr. Rocha moved for adoption of the agenda, seconded by Dr. Pillsbury and unanimously
carried.
Blood Bank of Delmarva Dover Donor Center Presentation (Antonio Prado, Blood Bank of
Delmarva)
Mr. Steve Corsey, Executive Director for the Blood Bank of Delmarva, and Mr. Antonio Prado,
Communications Specialist for the Blood Bank of Delmarva, reviewed the presentation entitled
“The Constant Need for Blood and Constant Shortages” (Attachment #2).
This item was informational, and committee action was not required.
Responding to Dr. Sudler, Mr. Prado stated that during his seven (7) years with the Blood Bank,
they have closely monitored the numbers and made some progress in increasing donations from
African American and Native American communities. He explained that the speculation is that
historically there is a certain amount of distrust in the African American community when it comes
to the healthcare industry in general. Much of it goes back to the infamous experiments conducted
on the Tuskegee gentlemen. Just four (4) years ago there were higher mortality rates during the
COVID pandemic for African Americans, which did not help either. Mr. Prado explained that
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Item #10.
COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 13, 2024 PAGE 6
there is a disconnect between the African American community and blood banking, but there is so
much potential. He noted that one (1) out of every three (3) African American donors are a match
with a sickle cell patient. Sickle cell is a painful and debilitating disease, and the best way to treat
it is to give them healthy red cells. Mr. Prado acknowledged that they do not have a clear
understanding of why the donation numbers are so low, but they are diligently working to address
the issue, recognizing the significant potential for increased participation.
Responding to Dr. Sudler, Mr. Prado stated that the same does apply to the Native American
community. He also noted that they were able to make strides within the Asian community when
a couple of organizations started donating as a group. They were able to double the number of
Asian donors from 1.1 to 2.2 percent.
Responding to Dr. Sudler, Mr. Prado stated that donating blood is a powerful way to give back to
the community for those who do not have time to coach Little League or volunteer at a soup
kitchen. Mr. Prado explained that Dr. Sudler could remind his constituents that it could be their
aunt, uncle, or grandfather who needs blood, and only another human being can provide it. They
could help someone suffering from cancer, anemia, a gunshot wound, or internal bleeding from a
car accident, all by giving about one (1) hour of their time. By donating, individuals have the
opportunity to help any relatives, friends, or community members who might find themselves in
such a situation.
Mr. Boggerty noted that a picture from the presentation was of his fraternity and that the event was
held at the WELL Church. Although he was unable to donate at that time due to a funeral, he plans
to schedule his donation soon. He explained that he is a frequent donator and that his church will
always be available to host the event. One of the individuals mentioned was his fraternity brother
Terrence Gavin.
Mayor Christiansen, speaking as the Chief of the Lenape Tribe of Delaware, inquired about the
outreach efforts being made to the Native American community.
Responding to Mayor Christiansen, Mr. Prado candidly admitted that, at present, no specific
outreach was being done. He explained that as they approach their 70th anniversary, they are
exploring new and innovative approaches. Mr. Prado expressed openness to any ideas or assistance
the mayor could offer.
Mayor Christiansen stated that in early September, the Nanticoke tribe will be sponsoring a Pow
Wow. He suggested that if they reach out to Chief Avery, he might be able to arrange for them to
set up a booth to spread the word to the tribe and other tribes in attendance.
Responding to Mr. Lewis, Mr. Prado stated that by federal law sixteen-year-olds are now allowed
to donate with parental consent as the age was lowered from seventeen. Additionally, there is no
longer an upper age limit which was previously set at seventy-nine. There were so many people in
their eighties and nineties who were healthy, and they required medical exemption, which took
extra steps.
Responding to Dr. Pillsbury, Mr. Prado stated that some of the medical conditions that exempt
people from donating would be cancer, cancer of the blood like leukemia, or lymphoma. All of
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Item #10.
COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 13, 2024 PAGE 7
those conditions would require someone to be deferred for five (5) years, cancer-free and
treatment-free. Anyone with other cancers would be deferred for one (1) year once they get through
their battle. People mistakenly think that they cannot donate with diabetes, however that is not
true. The general rule of thumb is that they have to be feeling healthy, have no flu or cold-like
symptoms, and have no temperature. Mr. Prado added that there are many medications that do not
exclude people from donating as well. He explained that the staff that schedules a donator in the
call center can go over a list of medications that may preclude someone from donating.
Mr. Michael Lewis stated that the 19th Annual, 9/11 Blood Drive will be taking place at Dover
Motor Speedway. He explained that while the event is typically hosted in the diamond rooms at
Bally’s Hotel and Casino overlooking the track, this year, for the second time, donors will have
the unique opportunity to exit the NASCAR Cup Series Garage after donating and make a full lap
around the track.
Responding to Mr. Rocha, Mr. Prado stated that there have been a lot of changes made at the Food
and Drug Administration (FDA) level, as they are the regulating authorities for blood banking. Mr.
Prado urged anyone who may have questions similar to Mr. Rocha who served in the military to
call the schedulers and review their medical history with them, and they can provide the
authorization to donate.
Mr. Corsey stated that many individuals who were previously deferred from donating are now
eligible due to changes in regulations. He explained that as of September, the Individual Donor
Assessment (IDA) updated its guidelines, allowing members of the homosexual population to
donate, something that was not permitted in the past.
Ms. Arndt moved for adjournment of the Parks, Recreation, and Community Enhancement
Committee meeting, hearing no objection the meeting adjourned at 7:39 p.m.
SAFETY, ADVISORY, AND TRANSPORTATION COMMITTEE
The Safety, Advisory, and Transportation Committee met with Chairman Boggerty presiding.
Adoption of Agenda
Dr. Pillsbury moved for adoption of the agenda, seconded by Mr. Rocha and unanimously
carried.
William Faust Jr., 136 Orchard Ave, Dover, expressed concerns about the rising issues of
prostitution, crime, and homelessness in Dover. Mr. Faust emphasized the need for prosecutors to
take stronger action, noting that he has heard Walgreens is closing due to significant losses caused
by theft from homeless individuals and criminals. He also criticized the criminal justice system,
describing it as a 'revolving door' where individuals are arrested and quickly released.
Nicole Chick, 510 Kirkwood Highway, Wilmington, Delaware, expressed concerns about
downtown crime, suggesting that allowing safe access to cannabis could be a potential solution.
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Loockerman Street Conceptual Design (Jason Lyon, Water/Wastewater Director, Marilyn
Smith, Executive Director of the Dover/Kent MPO, and Jeff Riegner, Kittleson & Associates)
Mr. Jason Lyon, Water/Wastewater Director, Ms. Marilyn Smith, Executive Director of the
Dover/Kent MPO, and Mr. Jeff Riegner, Kittleson & Associates, reviewed the proposed
conceptual design for Loockerman Street.
Staff recommended implementing the proposed conceptual plan with the ongoing utility upgrade
design project for Loockerman Street.
Responding to Dr. Sudler, Mr. Riegner stated that two (2) of the topics discussed most were trees
and paving materials. He explained that the city arborist looked at all of the trees as soon as they
knew the charette process was going to occur. Most of them were found to be in good condition.
He explained that they do know based on when they were installed, and their species, which is
honey locusts, they are probably a little past the midpoint of their life. There is no immediate
reason to replace most of them however, there are a couple that would need to be replaced as part
of the project.
Mr. Riegner explained that when they are replaced one (1) of the things recommended is a larger
tree pit. This would provide a much larger area of unpacked soil that the roots could grow into so
that they are not popping up the pavement as much. He stated that the issue of pavement popping
can be resolved by addressing the underlying infrastructure. He further explained that there was
strong community support for keeping concrete in the walking areas and using bricks for the
currently smooth sections. A smoother surface is important for activities like placing café tables
and creating pedestrian-friendly spaces. The biggest issue on Loockerman Street at the moment is
the popping up of cobblestones around the trees.
Responding to Dr. Sudler, Mr. Riegner stated that Flexi-Pave is a material that is rubberized and
mostly seen at playgrounds around the base of a tree. Similar to bricks, it allows water to infiltrate
the roots and moves with the roots as they grow, preventing the surface from lifting or creating
trip hazards. He noted that this approach aligns well with the community's needs and helps create
a more maintainable and safer surface.
Responding to Dr. Sudler, Mr. Riegner stated that there was very active engagement from both
Delaware State University and Bayhealth Hospital throughout the Downtown Dover Pathways
project. While he could not recall if Bayhealth had representation at the charette, multiple
representatives from Delaware State University were present and actively participated.
Responding to Mr. Rocha, Mr. Riegner clarified that areas currently covered in brick will remain
brick, and areas currently covered in cobblestone will be replaced with Flexi-Pave material, as
indicated in the conceptual design.
Responding to Mr. Rocha, Mr. Riegner stated that it is unclear whether the bricks will be mortared
in place or installed as dry set. The existing bricks are dry set. During the three days on-site, they
observed that the bricks were generally in good condition, except for those near the cobblestone,
where roots were causing them to lift. Dry-set sidewalks typically have a long lifespan unless
disrupted by roots. With the installation of new tree pits and Flexi-Pave, there should be less
upward pressure on the bricks.
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Responding to Mr. Rocha, Mr. Riegner stated that the concept is limited by the existing building
doors and the need for the sidewalk to slope consistently toward the street. These constraints
prevent raising the sidewalk; however, Flexi-Pave will help address areas where roots are
relatively high. Additionally, some trees with very high roots may need to be removed.
Responding to Mr. Lewis, Mr. Riegner stated that there would not be an impact on downtown
Dover's traffic flow. He explained that reducing the travel lane width to ten feet would still
accommodate the same amount of traffic as a twelve-foot-wide lane. Regarding handicapped
parking, they are not proposing it on Loockerman Street. After seeing a presentation on the
proposed parking garage between Governors Avenue and Bradford Street, handicapped parking
will be available approximately one hundred feet from Loockerman Street.
Responding to Mr. Lewise, Mr. Riegner stated that there should be no issues with emergency
apparatus making turns. He explained that Mr. Lyon stated that the concept will need to gain
approvals throughout the whole process, so that will be confirmed with the city’s current apparatus.
He stated that the National Fire Protection Association Code required twenty feet for fire access,
and it must be a clear space of twenty feet between parked cars. He confirmed that the concept
meets the code, but it is yet to be determined if it fully accommodates the city’s specific apparatus
requirements.
Responding to Dr. Jackson-Short, Mr. Riegner stated that the proposed width is eight (8) feet of
parking and eleven feet of travel lane, which is the same as it currently is. He explained that the
parking lanes are striped a foot narrower, so he does not see a difference in user experience or
safety.
Responding to Dr. Jackson-Short, Mr. Riegner stated that they did not collect the demographic
information of those who attended the charette. He explained that it appeared to be a fairly
ethnically diverse group as well as diverse in terms of the activities or roles that they play within
the city. He stated that a lot of folks who live in the adjacent neighborhood and those who own
businesses on Loockerman Street attended.
Responding to Dr. Jackson-Short, Mr. Riegner stated that he does feel there was good
representation in attendance. They went into each individual business and spoke with each owner
who had time to speak to them.
Responding to Dr. Pillsbury, Mr. Riegner stated that the overall Downtown Dover Pathways
project that preceded the Loockerman Street charette looked closely at what reasonable bicycle
accommodations could be downtown. Unlike walking where people need to be able to walk
directly to the front door of the destination, for bicycling it was found to be okay to get within a
block or two of the destination and then walk the remaining distance, much like someone parking
a car.
Responding to Dr. Sudler, Ms. Dawn Melson-Williams, Principal Planner, stated that Loockerman
Street is within the local historic district and is a zoning overlay. She explained that work in the
historic district is governed by the city’s design standards and guidelines for the City of Dover
Historic District Zone document. This document provides recommendations for appropriate and
inappropriate sidewalk materials, recognizing both concrete and brick as suitable for use in the
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COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 13, 2024 PAGE 10
historic area. Since the project is within the street right of way, it does not require review and
approval from the city’s Historic District Commission. However, property owners wishing to make
changes or improvements to their buildings would need to undergo a separate review process,
which could be handled administratively by staff or by the Historic District Commission,
depending on the funding source for the transportation improvement project. Ms. Melson-Williams
also noted that other regulatory processes, such as the Section 106 process, would review the
project if federal funds or permits are involved, to ensure that historic resources are not negatively
impacted.
Responding to Dr. Sudler, Ms. Melson-Williams explained that the Dover Code of Ordinances
includes provisions that prohibit the use of bicycles on sidewalks in the downtown area. She noted
that multi-use pathways are typically not included in settings where buildings are located directly
on the sidewalk; instead, they are used in other development areas, such as along Route 13. From
a transportation planning perspective, in downtown areas, bicyclists are considered vehicle types
and would use the streets rather than the pedestrian areas of the potential corridor.
Dr. Sudler recommended adding a type of no bicycling indicator such as signs that say that it is
prohibited.
Mr. Hare stated that in the past there were no left turns going in and out of Loockerman Street to
prevent traffic from being held up. He stated that may be an idea they want to consider with the
changes.
Mr. Neil moved to recommend acceptance of the staff recommendations for the conceptual
design. The motion was seconded by Dr. Pillsbury and unanimously carried.
Quarterly Briefing on Dover/Kent County Metropolitan Planning Organization (MPO)
Projects (Marilyn Smith, Executive Director of the Dover/Kent County MPO)
Ms. Marilyn Smith, Executive Director of the Dover/Kent County Metropolitan Planning
Organization (MPO), provided a quarterly briefing on the Dover/Kent MPO projects.
This item was informational, and committee action was not required.
Responding to Mr. Anderson, Ms. Smith stated that what most people do not realize is that the
Joint Use Agreement was not an agreement with the Dover Air Force Base. The agreement was
with the Department of Defense, and anyone who has worked with them knows that it is a very
difficult task. She explained that the original Air Cargo Terminal Study included four (4)
recommended sections of road. The first section is Garrison Oak, along with the Garrison
connector, while the remaining three (3) sections are contingent upon developments with the
parcels around the current civil air terminal. She stated that the recommendations might change
depending on the future use of these parcels and the agreements made by the city and county.
Currently, the MPO must wait for further determinations regarding these parcels before reassessing
the accuracy of their recommendations.
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COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 13, 2024 PAGE 11
Discussion – Addressing the Patronizing or Solicitation of Prostitution and Its Offenders
(Councilman At-Large Andre M. Boggerty and Chief Johnson, Dover Police Department)
Mr. Thomas Johnson, Dover Police Department Chief, explained that individuals involved in
prostitution are often closely linked to at-risk communities. Those individuals usually have
coexisting challenges whether it is mental health, substance abuse, or human trafficking. These
quality-of-life issues significantly impact police operations and the overall approach to addressing
these situations.
Chief Johnson explained that police operations start with statutory law, outlining what is legally
permissible and impermissible. Court rulings provide additional guidance on the constitutional
implications of these laws. This legal framework informs training and operational decisions. When
a 911 call is received, these decisions are applied in real-time by officers on the ground. He noted
that all these factors form the backdrop of statutory law in Delaware, where both aspects of
prostitution are considered illegal behaviors.
Chief Johnson stated that he consulted with the Department of Justice and the Attorney General’s
office at the supervisory level. He explained that the Attorney General’s office has adopted the
position that they will not prosecute sex workers for prostitution. He stated that he reviewed a
memo that predates 2019, which is part of a broader judicial guidance. He explained that when it
comes to them having the authority to begin a secured detention for prostitution there is a need for
something else to be going on. For example, there must be a significant other violation of the law
for them to intercede on that individual who is offering themselves up for prostitution.
Chief Johnson stated that this leads to focusing on addressing those who patronize prostitutes. He
explained that for an operation targeting 'Johns' to proceed, there must be substantial evidence that
clearly documents the encounter and meets the legal threshold of probable cause, while avoiding
entrapment or coercion. Such operations are labor-intensive and require on-site support from the
Attorney General’s Office to assist investigators throughout the process.
Chief Johnson stated that when the loitering law in Delaware came into play it created a lot of
discussion at the local level. He explained that this law is currently under review in federal court,
and the outcome is uncertain. He stated that if the law is struck down, as some have indicated, then
the section that even loitering for prostitution will no longer be a tool for policing to address
prostitution in any place, let alone the downtown area. He stated that there are planned
interventions, but since the operation has not yet been carried out, he could not provide further
details. The result of the operation will provide services and paths out of the lifestyle being offered
to the individuals who are part of the at-risk population.
Chief Johnson stated that the Department of Justice has asked him to remind the council that the
human trafficking unit is actively exploring resources and opportunities to assist those with
substance abuse and mental health needs involved in prostitution. Their focus is on prosecuting
those who solicit prostitutes. He explained that if officers respond to a call about a prostitute and
discover an unrelated issue, they will act on that. However, according to the memorandum that has
been in circulation for about five (5) years, the Chief of Law Enforcement Officers for the State of
Delaware has directed that prosecutions for prostitution is not initiated. The memo advises local
Attorney Generals to dispose of such cases and seek alternative solutions. He stated that they are
doing what they can in the authority that is available to them.
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Item #10.
COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 13, 2024 PAGE 12
In closing, Chief Johnson stated that the last piece of concern would be resource allocation on what
can be assigned to the issue of prostitution, while trying to address all of the other issues within
the city such as violent crime and traffic safety. He explained that balance is the philosophy that
he uses. He takes what is available to him and divides it up based on need, frequency, and severity,
and then tries to spread the resources to those places.
This item was informational, and committee action was not required.
Responding to Mr. Lewis, Chief Johnson stated that he would not speak for the elected Attorney
General however, she made her direction very clear. He explained that she believes these
individuals are part of the at-risk communities. Through discussions with her senior staff, and
when reading the memorandum, he determined that it is not appropriate to prosecute individuals
for prostitution unless there is some other extenuating connection to the event. It is her position to
find alternative solutions to the behavior that they exhibit and the issues that they bring to the
community.
Responding to Mr. Lewis, Chief Johnson stated that if discussing a prostitution arrest alone, Mr.
Lewis's chronology would be accurate. Most cases typically result in a release on recognizance,
meaning individuals would not be sent to a secure facility but would be released at arraignment.
Once the case was picked up by the Attorney General’s Office, it was clear through conversations
that an alternative solution would be sought. This might involve dismissal at the initial listing or
extending the case due to unique issues related to the individual. However, pursuing prosecution
to the end does not seem to be a likely outcome
Responding to Mr. Lewis, Chief Johnson explained that he feels the system is out of balance and
too far into the zone where accountability is not an option. There is a need to find an alternative
for everything and holding the individual accountable for their behavior is somehow mean or
inappropriate. He explained that they are stuck between finding a balance that works for those who
want action and those who have services to provide for the individuals. He explained that they are
reaching out to the people who are in positions to make decisions, but currently, the system is not
structured to enable his organization to effectively address the problem as intended. He explained
that until there are better laws, guidance, case law, and a judiciary that aligns with directives from
central authority and state government to achieve a balanced approach, he is uncertain how to
address the concerns of constituents. He recommended reaching out to those who are restricting
options and preventing accountability from being part of the solution.
Responding to Dr. Jackson-Short, Chief Johnson stated that the department consists of both an
enforcement side and a supportive side, which includes community policing officers and the
behavioral health unit officers. Those officers compare notes and collaborate regularly. When they
are encountering individuals suspected of being in at-risk lifestyles, the behavioral health unit will
follow up on known situations, even if they are not brought in immediately. They will pursue these
situations to assess the impact and provide wraparound services.
Responding to Dr. Jackson-Short, Chief Johnson stated that there is a huge demand for the
behavioral health unit, which impacts their ability to deploy resources promptly. He mentioned
that the department's major project presentation will highlight the unit's value. Currently, they are
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COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 13, 2024 PAGE 13
transitioning from two (2) clinicians to one (1), presenting a resource challenge, but they are
committed to maximizing their available resources.
Responding to Dr. Sudler, Chief Johnson stated that he wanted to make it clear that if he were to
call the Delaware Department of Justice for issues, his call would get returned. The Department of
Justice is actively involved in addressing the issue, supporting enforcement actions against the
Johns and endorsing the approach for addressing individuals engaged in prostitution. He noted that
they are on a philosophical divide on that issue itself, but he thinks that they could respectfully
agree to disagree on what should happen. Chief Johnson stated that he is not pointing out the
political process but more so what might come out of it and where it will lead the city. He wants
to bring attention to council the potential consequences of not listening to the voices of those who
typically do not engage in the legislative process.
Responding to Mr. Lewis, Chief Johnson stated that he has spoken to Chief Campos from the City
of Wilmington on several occasions. Wilmington experiences similar situations as the City of
Dover. They handle a high volume of calls and face significant demands on their time and
resources. The behaviors observed by the public are influenced by the rules they are given. He
explained that everything begins with the laws and what the judges are likely to accept or reject.
He noted that they have not specifically addressed prostitution in their discussions.
Responding to Mr. Lewis, Chief Johson stated that they would have to make contact and find
contraband on the individual to address the matter in a criminal aspect. At the time of the arrest, it
would be included in the charge list and that would be a situation where it is not a standard
prostitution arrest. Therefore, that would be a different kind of case and be a slightly different path.
Responding to Mr. Lewis, Chief Johnson stated that the Drugs, Vice, and Organized Crime Unit
is one of the special plain-clothed units that help with all of the proactive plain-clothed operations,
and they are actively involved.
Dover Police Department Major Project Outline FY25 (Chief Johnson, Dover Police
Department)
Mr. Thomas Johnson, Dover Police Department Chief, reviewed the background and analysis
regarding the Dover Police Department's major projects for fiscal year 2025.
Mr. Todd Foreman, VirTra, reviewed the background regarding the VirTra Training Simulator and
the included features.
This item was informational, and committee action was not required.
Responding to Mr. Boggerty, Mr. Foreman stated that Seaford and Ocean View currently use the
single screens, and Newark, New Jersey, and the Secret Service use the five-screen system. Also,
the Royal Canadian Mount Police use the simulators nationally.
Mr. Boggerty moved for adjournment of the Safety Advisory and Transportation Committee
meeting, hearing no objection the meeting adjourned at 10:11 p.m.
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Item #10.
COUNCIL COMMITTEE OF THE WHOLE MEETING AUGUST 13, 2024 PAGE 14
UTILITY COMMITTEE
The Utility Committee met with Chairman Neil presiding.
Adoption of Agenda
Ms. Arndt moved for adoption of the agenda, seconded by Mr. Anderson and unanimously
carried.
Evaluation of Proposals – Water and Wastewater Asset Management Plan Program
Engineering Support (Jason Lyon, Water/Wastewater Director)
Mr. Jason Lyon, Director of Water and Wastewater reviewed the background and analysis of the
evaluation of proposals for the water and wastewater asset management plan program engineering
support.
Staff recommended awarding the contract to Century Engineering, LLC for the engineering
support of the Water and Wastewater Asset Management Plan, RFP#24-0038WW, for #125,000.
Mr. Hare moved to recommend accepting the staff recommendation. The motion was
seconded by Mr. Rocha and unanimously carried.
Annexation Request – 139 Acorn Lane, Owned by Byler Investments, LLC. (Dawn Melson-
Williams, Principal Planner)
Ms. Dawn Melson-Williams, Principal Planner, reviewed the background and analysis regarding
the annexation request for 139 Acorn Lane.
Mr. Hare moved to recommend the annexation of 139 Acorn Lane, as recommended by staff.
The motion was seconded by Dr. Pillsbury and unanimously carried.
Mr. Neil moved for adjournment of the Utility Committee meeting, hearing no objection the
meeting adjourned at 10:15 p.m.
Mr. Anderson moved for adjournment of the Council Committee of the Whole meeting,
hearing no objection the meeting adjourned at 10:15 p.m.
David L. Anderson
Council President
Attachments
Attachment #1 - Presentation entitled "Overdose Response Center (ORC)”
Attachment #2 - Presentation entitled " The Constant Need for Blood and Constant Shortages”
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ATTACHMENT #1
Council Committee of the Whole Meeting of 8/13/2024
Item #10.
OVERDOSE RESPONSE CENTER (ORC)
OVERVIEW
302-255-2773
ORC@delaware.gov
EXECUTIVE PROGRAMS AND GRANT ADMINISTRATION UNIT
AUGUST 13, 2024
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Item #10.
ORC STAFFING
Overdose Response Center
302-255-2773
Resource Mailbox Duty Officer
All inquiries/requests Brent Waninger Off-Hours/Emergencies
ORC@delaware.gov Director 302-657-9073
Brent.Waninger@delaware.gov
Edward Schiavi Leah Warren
Operations Manager Community Response Manager
Edward.Schiavi1@delaware.gov Leah.Warren@delaware.gov
3 Data/Intelligence Analysts New Castle/Kent/Sussex County CRTs
2 Planner IIIs New Castle/Kent/Sussex County PORTs
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AUGUST 13, 2024 2
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Item #10.
WHAT IS THE ORC?
• Statewide operations center for near-real time collection, interpretation,
and analysis of overdose data and related intelligence
• Collect and analyze information from:
• DSAMH clients and the statewide referral system
• Law Enforcement reports
• Emergency Medical Services
• Division of Forensic Science
• Treatment Providers and outreach teams: “street” intelligence and testing
• Local community organizations
• Development of deployment plans and orders as appropriate based on
the data and intelligence analysis
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AUGUST 13, 2024 3
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Item #10.
PURPOSE
Near real-time data/intelligence analysis and mapping
“Data-Responsive” operations and deployments
Deployment Orders and Deployment Plans
Post Overdose Response Teams (PORTs)
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AUGUST 13, 2024 4
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Item #10.
ORC OPERATIONS
Leverage deployable state and
Near real-time OUD/STUD Rapid and agile community
partner assets to impact
surveillance, monitoring, and response that is
overdose deaths.
data intelligence. “data-responsive”.
Deployable assets
The goal is 7 day a week operations.
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AUGUST 13, 2024 5
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ATTACHMENT #2
Item #10.
Council Committee of the Whole Meeting of 8/13/2024
The Constant Need for Blood and
Constant Shortages
Presentation by: Steven Corse – Executive Director, Blood
Operations, Bank of Delmarva; Tony Prado –Communications
Specialist, Blood Bank of Delmarva
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Item #10.
Blood & Time Saves Lives
The Blood Bank of Delmarva is charged with keeping all 19 hospitals in
Delmarva stocked with the blood and blood products they need for
patients.
Patients include car accident, gunshot and other trauma victims; cancer
patients, who often need red cells and platelets; burn patients, who
often need plasma; anemia patients, including Sickle Cell Anemia and
other diseases.
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Why is our story important? Blood must come
Item #10.
from donors.
• Blood cannot be manufactured outside the human body. We rely
on the generosity of donors.
• BBD ideally needs 350 donors per day to supply all 19 hospitals in
Delmarva as well as 6 hospitals outside of Delmarva.
• 1 donation can save 3 lives (packed red blood cells, frozen
plasma, cryoprecipitate manufactured in the lab)
• It is estimated 1 in 3 people need blood in their lifetimes
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Item #10.
Why do hospitals need blood?
• Red blood cells are the most commonly transfused product, i.e. for use
in traumas and other emergencies, scheduled surgeries, cancer
patients, burn patients.
• Red blood cells carry your iron and oxygen to all cells in your body and it carries
carbon dioxide waste away from your cells
• White blood cells are filtered out in our lab through a process called leucocyte
reduction.
• Red blood cells will save your life if you are bleeding to death in an emergency (O
negative and low titer O positive whole blood are key products).
• Pretty much daily in our Christiana Donor Center, we have dedicated, pink dot
donors who give for surgeries at Nemours Children’s Hospital, namely O negative,
O positive and A negative blood donors.
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Item #10.
Why do hospitals need blood?
• Plasma is also used for surgeries as well as well as by
pharmaceutical companies, that create lifesaving drugs out of
human plasma.
• Plasma is 55% of the volume of your blood and is composed of water, salts
and enzymes
• Carries all blood components throughout your body; in other words, it
holds the blood cells in suspension.
• It also has clotting factors that can help patients when platelets fail for
some reason. Namely, when you begin to thaw frozen plasma, you create
Cryoprecipitate, also known as Cryo. Page 93
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Item #10.
Why do hospitals need blood?
• Platelets are used to stop bleeding in trauma patients, to guard
against bleeding for scheduled surgeries and for cancer patients.
• Platelets are the tiny cells in your blood responsible for clotting at site of a
cut or injury to stop bleeding. Their job is to react to bleeding by clumping
at the site, thereby initiating a blood clot
• Platelet donors lose nothing; in fact, they gain platelets due to the body’s
regenerative properties
• Platelets are also called thrombocytes (from the Greek word for clot)
• When you transfuse platelets to cancer patients, you can see the color and
light come back into their face. Page 94
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Item #10.
We now also supply paramedics
• Sussex County Paramedics began carrying O-positive, whole blood
units on their supervisor units in May 2023.
• New Castle County Paramedics began carrying O-positive, whole
blood units on their supervisor units one week after Sussex.
• In late May/early June, Southern Chester County [PA] Paramedics
began carrying O-positive, packed red cells out into the field.
• The challenge? Type O blood was already the most in demand,
therefore it’s difficult to keep in stock at optimal levels.
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Item #10.
BBD now has 6 donor centers
• Headquarters is the Christiana Donor Center across the
street from Christiana Hospital in New Castle County.
• Dover Donor Center is off Saulsbury Road in the city of Dover,
west of the U.S. Route 13 corridor.
• Salisbury Donor Center is not too far from the U.S. Route 13
corridor in Salisbury, Maryland.
• The Concord Donor Center is located in Chadds Ford, Pa.
• The Dagsboro Donor Center in Sussex County opened in May
2021.
• The Middletown Donor Center opened last week, August 5! Page 96
Page 97
Item #10.
National vs. local Blood Supply
• Blood Bank of Delmarva and other blood centers throughout the
U.S. are local organizations with a local focus (i.e. local hospitals).
• We are a member of America’s Blood Centers and its division,
ADRP, as well as (AABB) which provides regulations for us to follow.
The main regulations we follow, however, are from the Federal Food
& Drug Administration (FDA)
• The American Red Cross is a national organization with a
national focus; they face the same challenges.
Page 97
Page 98
Item #10.
Urgent appeal issued this summer
• BBD aims for a 7-day supply of all blood types. When we get below that,
things get precarious
• Blood supply was at 1 to 3 days for type O blood (O-positive and O-
negative blood types)
• Juxtapose that with a surge in blood usage at local hospitals as people
are more active during the summertime
• We have not just a local shortage, but a national shortfall. This means
we can’t just import if we have a shortage.
• An appeal is one step below a full-blown emergency. If all blood types
were low, we’d have an emergency. Don’t be surprised if we issue an
emergency if we can’t get more people to donate blood.
Page 98
Page 99
Item #10.
The challenge of collecting blood
• ABC and ADRP ran the numbers, and 62% of the U.S.
population is eligible to give blood.
• The problem? Only 3% of eligible donors actually donate.
• We are not immune to those challenges locally.
• We need more people to give blood both universally and in
certain demographic groups.
• Give back to your community; donate blood!
Page 99
Page 100
Item #10.
Page 100
Page 101
Item #10.
Donor Outreach/Growth
• Blood Bank of Delmarva has been trying to attract young and first-
time donors.
• New donor center in Middletown will not be the last, as we seek
more locations to maximize the mission.
• We are working with a number of organizations to increase the
number of minority donors. For instance, one in three African
Americans are a match for sickle cell patients, who receive red cells
regularly. (So, good things can happen if we are successful.)
• Universally, we are trying to maximize our impact with the
community. For instance, if we have one blood drive at a school,
we’re trying for two. If we have two already, we’re trying for three.
Page 101
Page 102
Item #10.
Demographic Outreach
Blood Bank of Delmarva has been trying
to attract young and first-time donors.
New donor center in Middletown will not
be the last, as we seek more locations to
maximize the mission.
We are working with a number of
organizations to increase the number of
minority donors. For instance, one in
three African Americans are a match for
sickle cell patients, who receive red cells
regularly. (So, good things can happen if
we are successful.)
Universally, we are trying to maximize
our impact with the community. For
instance, if we have one blood drive at a
school, we’re trying for two. If we have
two already, we’re trying for three.
Page 102
Page 103
Item #10.
Community Blood Drives
Page 103
Page 104
Item #10.
Thank you, Madam Chair, Councilor
Tricia Arndt, and the Committee.
Any questions?
A copy of this report has been given to the
City Clerk.
For more information, please contact Tony
Prado at aprado@bbd.org or (302) 657-
1756.
Page 104
Page 105
Item #25.
COMMUNITY ENHANCEMENT FUND
Page 105
Page 106
Item #25.
CITY COUNCIL COMMUNITY ENHANCEMENT FUND
JULY 1, 2024 - JUNE 30, 2025
100-10-12-99-000-53037
Current Balance- $ 17,750.00
BUDGETED COMMUNITY ENHANCEMENT FUND - $2,500 FOR EACH COUNCIL MEMBER PER DISTRICT AND $5,000 FOR THE AT-LARGE COUNCIL MEMBER. THE
$ 25,000.00
AMOUNT PURPOSE OF THE FUND IS TO ALLOW MEMBERS TO CONTRIBUTE FUNDS TO A SMALL PROJECT OR COMMUNITY NEEDS IN EACH DISTRICT.
FINAL BUDGET
$ 25,000.00
TOTAL
COUNCIL TOTAL YEAR TO
DATE VENDOR DESCRIPTION INVOICE # BALANCE
SPONSOR CHARGES DATE
A 2nd Chance A Haven for Councilman Sudler authorized the designation of $1,500 of Email from Roy Sudler dated
7/2/2024 Sudler Abused and Battered his community enhancement funds to Ms. Faye White at A 07/01/2024 and an invoice dated $1,500.00 $1,500.00 $23,500.00
Women and Children 2nd Chance, for their Annual Veterans Honorary Dinner 07/02/2024
Council President Anderson authorized the designation of Email from David Anderson dated
Women and Children
$500 of his community enhancement funds to the Women 06/18/24 and Email & Letter from
7/8/2024 Anderson Transformation Ministry $500.00 $2,000.00 $23,000.00
and Children Transformation Ministry International, Inc. for William Snorton, Jr. received
International, Inc.
their Boys to Men Development Program for Gas cards. 06/16/2024
Council President Anderson authorized the designation of
Email from David Anderson dated
Hispanic Organization of $500 of his community enhancement funds to the Hispanic
7/8/2024 Anderson 06/25/24 and email from Anthony $500.00 $2,500.00 $22,500.00
Latin Americans (HOLA) Organization of Latin Americans (HOLA) for their Baila Con
(Tony) Velazquez dated 06/25/24
Dover Festival.
Email from Tricia Arndt dated
Councilwoman Arndt authorized the designation of $200.00
07/08/2024 and email from
7/8/2024 Arndt United Way of her community enhancement funds to United Way for $200.00 $2,700.00 $22,300.00
Kenyatta Livingston dated
their "Book Bash."
07/07/2024
Email from Gerald Rocha dated
Councilman Rocha authorized the designation of $300 of
07/07/2024 and email from
7/8/2024 Rocha United Way his community enhancement funds to United Way for their $300.00 $3,000.00 $22,000.00
Kenyatta Livingston dated
"Book Bash."
07/07/2024
Councilman Hare authorized the designation of $300 of his Email from Bill Hare dated
7/8/2024 Hare Dover Police Department community enhancement funds to the Dover Police 07/08/2024 and an email from Sgt. $300.00 $3,300.00 $21,700.00
Department for their Summer Event. Jennifer Lynch dated 07/08/2024
Councilwoman Arndt authorized the designation of $350 of Email from Tricia Arndt dated
7/8/2024 Arndt Dover Police Department her community enhancement funds to the Dover Police 07/08/2024 and an email from Sgt. $350.00 $3,650.00 $21,350.00
Department for their Summer Event. Jennifer Lynch dated 07/08/2024
Page 106
Page 107
Item #25.
Councilman Neil authorized the designation of $100 of his Email from Fred Neil dated
7/8/2024 Neil Dover Police Department community enhancement funds to the Dover Police 07/08/2024 and an email from Sgt. $100.00 $3,750.00 $21,250.00
Department for their Summer Event. Jennifer Lynch dated 07/08/2024
Email from David Anderson dated
Council President Anderson authorized the designation of
07/09/2024 and email from
7/9/2024 Anderson United Way $250 of his community enhancement funds to United Way $250.00 $4,000.00 $21,000.00
Kenyatta Livingston dated
for their "Book Bash."
07/07/2024
Councilman Rocha authorized the designation of $500 of
Email from Gerald Rocha dated
Hispanic Organization of his community enhancement funds to the Hispanic
7/9/2024 Rocha 07/09/24 and email from Anthony $500.00 $4,500.00 $20,500.00
Latin Americans (HOLA) Organization of Latin Americans (HOLA) for their Baila Con
(Tony) Velazquez dated 06/25/24
Dover Festival.
Councilwoman Pillsbury authorized the designation of $250
Email from Julia Pillsbury dated
Caribbean Culture of her community enhancement funds to the Caribbean
7/11/2024 Pillsbury 7/11/24 and email from Eveann $250.00 $4,750.00 $20,250.00
Awareness Inc. Culture Awareness Inc. for their Delaware Caribbean
Jerry dated 7/11/24
Carnival.
Councilman Rocha authorized the designation of $200 of Email from Gerald Rocha dated
7/17/2024 Rocha Dover Police Department his community enhancement funds to the Dover Police 07/17/2024 and an email from Sgt. $200.00 $4,950.00 $20,050.00
Department for their Summer Event. Jennifer Lynch dated 07/08/2024
A 2nd Chance A Haven for Councilman Lewis authorized the designation of $300 of Email from Brian Lewis dated
7/19/2024 Lewis Abused and Battered his community enhancement funds to Ms. Faye White at A 07/19/2024 and an invoice dated $300.00 $5,250.00 $19,750.00
Women and Children 2nd Chance, for their Annual Veterans Honorary Dinner 07/02/2024
Councilman Neil authorized the designation of $250.00 of Email from Fred Neil dated 7/23/24
7/23/2024 Neil Persimmon Park Place his community enhancement funds to Persimmon Park and email from Karen, Park $250.00 $5,500.00 $19,500.00
Place for the Backpack Giveaway Manager dated 7/23/24
Councilwoman Arndt authorized the designation of $250.00 Email from Tricia Arndt dated
7/23/2024 Arndt Persimmon Park Place of her community enhancement funds to Persimmon Park 7/23/24 and email from Karen, Park $250.00 $5,750.00 $19,250.00
Place for the Backpack Giveaway Manager dated 7/23/24
Councilman Boggerty authorized the designation of $300 of
Email from Andre Boggerty dated
Hispanic Organization of his community enhancement funds to the Hispanic
7/25/2024 Boggerty 07/25/24 and email from Anthony $300.00 $6,050.00 $18,950.00
Latin Americans (HOLA) Organization of Latin Americans (HOLA) for their Baila Con
(Tony) Velazquez dated 06/25/24
Dover Festival.
A 2nd Chance A Haven for Councilman Rocha authorized the designation of $200 of Email from Gerald Rocha, Sr. dated
7/25/2024 Rocha Abused and Battered his community enhancement funds to Ms. Faye White at A 07/25/2024 and an invoice dated $200.00 $6,250.00 $18,750.00
Women and Children 2nd Chance, for their Annual Veterans Honorary Dinner 07/01/2024
Councilman Lewis authorized the designation of $200 of Email from Brian Lewis dated
8/21/2024 Lewis Children's Beach House his community enhancement funds to the Children's Beach 08/20/2024 and email from Armina $200.00 $6,450.00 $18,550.00
house for their Back to School Drive. Domingue dated 08/20/2024
Email from Gerald Rocha, Sr. dated
Councilman Rocha authorized the designation of $300 of
I Am My Sisters Keeper 08/22/2024 and an email from
8/23/2024 Rocha his community enhancement funds to I Am My Sister's $300.00 $6,750.00 $18,250.00
(MSK) Marcille "Dee" Sewell dated
Keeper (MSK-Dover)
08/22/2024
Page 107
Page 108
Item #25.
Councilman Lewis authorized the designation of $500 of Email from Brian Lewis dated
8/27/2024 Lewis Tracy Palmer Ministries his community enhancement funds to the Tracy Palmer 08/07/24 and a letter from the Tracy $500.00 $7,250.00 $17,750.00
Ministries. Palmer Ministries dated 07/22/24
TOTALS $7,250.00 $17,750.00
Budgeted
District Council Sponsor YTD Expenditures Balance
Amount
$5,000.00 At-Large Boggerty $300.00 $4,700.00
$2,500.00 1st District Pillsbury $250.00 $2,250.00
$2,500.00 1st District Rocha $1,500.00 $1,000.00
$2,500.00 2nd District Hare $300.00 $2,200.00
$2,500.00 2nd District Lewis $1,000.00 $1,500.00
$2,500.00 3rd District Arndt $800.00 $1,700.00
$2,500.00 3rd District Neil $350.00 $2,150.00
$2,500.00 4th District Anderson $1,250.00 $1,250.00
$2,500.00 4th District Sudler $1,500.00 $1,000.00
TOTAL $7,250.00 $17,750.00
Page 108
Page 109
Item #26.
CITY MANAGER’S
MONTHLY REPORT
July 2024
Page 109
1
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Item #26.
Blank
Page
Page 110
2
Page 111
Item #26.
Page 111
3
Page 112
Item #26.
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4
Page 113
Item #26.
CENTRAL SERVICES MONTHLY REPORT
July 2024
PROCUREMENT & INVENTORY DIVISION
Purchase Orders for Stock by Fund
FY 2025 to Date Difference from FY 2024
Electric $659,577.35 95.7%
Water $38,312.00 94.3%
Wastewater $0.00 N/A
General $3,023.53 -48.2%
Total $700,912.88 94.9%
Issues from Stock by Fund
FY 2025 to Date Difference from FY 2024
Electric $65,225.02 3.0%
Water $17,108.49 84.9%
Wastewater $687.36 100.0%
General $13,227.80 -2.9%
Total $96,248.67 17.4%
Bids/RFPs Solicited
FY 2025 to Date Difference from FY 2024
3 100.0%
Money Spent for Postal Services
FY 2025 to Date FY 2024 to Date
$19,541.31 $16,332.39
Fuel Usage
Type FY 2025 to Date FY 2024 to Date
Unleaded 13,308 12,450
Diesel 8,228 6,145
Dollars Spent $56,502.66 $49,542.00
Page 113
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Page 114
Item #26.
Warehouse Stock Value
FY 2025 FY 2024
$4,247,227.39 $3,227,888.57
Purchase Orders for Stock are up 94.9% compared to this time last year.
Issues from Stock are up 17.4% compared to this time last year.
Bids/RFP's are up 100.0% compared to this time last year.
Postal Expenses are up 16.4% compared to this time last year.
Fuel Costs are up 12.3% compared to this time last year.
Overall warehouse value is up 24.0% compared to this time last year.
FLEET DIVISION
PM Work Orders Scheduled: PM Work Orders Total Work Orders PM &
29 Completed: 36 Repair: 71
Total Hours Turned: Excess Hours Turned: Time Unaccounted For:
217 0 58.9
MEASURE July 2024 July 2023
Completed PM's 36 52
DIFFERENCE -30.77%
There were 29 PM's scheduled for this month. A total of 36 PM's were completed along with 35
repair work orders. There were a total of 71 work orders completed.
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Item #26.
FACILITIES DIVISION
Routine Work Orders Emergency Work Orders
Completed: 49 Completed: 5
City-owned Facility Work Events & Support Work
Orders: 48 Orders: 6
MEASURE July 2024 July 2023
Completed Work Orders 54 78
DIFFERENCE -28.21%
There were 54 routine and emergency Work Orders completed during this month. The work
orders consisted 48 for maintenance and repair of City-owned facilities and 6 related to events
and other support work.
Central Services Narrative
The Warehousing & Procurement office continues to see inflated costs and excessive lead times.
Facilities staff has been busy with routine work orders. We are currently short staffed due to a
transfer and a retirement.
Fleet is operating as normal at this time. Fleet currently has 1 vacancy.
Page 115
7
Page 116
Item #26.
CENTRAL SERVICES PROJECT UPDATE
July 2024
FY/PROJECT NUMBER DEPARTMENT STATUS
CENTRAL SERVICES
FC2303 COMPLETE!
CITY HALL WINDOWS
3rd and 2nd floor complete.
ELECTRIC Install on 1st floor complete
EA2204
WEYANDT HALL HVAC and fine tuning. Basement
in process.
CENTRAL SERVICES
FC2402 COMPLETE!
CITY HALL EXTERIOR PAINT
CENTRAL SERVICES
CS2405 COMPLETE!
WASH BAY ROOF & DOORS
WATER WASTE WATER WTP
WD2409 Construction is underway.
RENOVATIONS
Page 116
8
Page 117
Item #26.
Recap of monthly activities / notations –
As of July 31, 2024 the City of Dover served 25,083 electric utility customers and 13,230 water utility customers as
compared to 2023, which represents 24,985 and 14,668 respectively. These figures were tabulated from the
monthy utility bill summary report which tracks billing across all utility bill rate classifications.
3,083 phone calls were answered in the month of July by 5 staff members of customer service.
The department continues to work with IT and GIS to make sure the EMS fee is billing properly and to all accounts.
Ms. Ridgeway retired from the City after 17 years of dedicated service.
Receivable Comparison FY 2024 to Utility Disconnections for July 2024
FY2025 to date (July 2024) Compared to
317 accounts were disconnected for non-payment of service.
the same time last year the City had
open receivables of $21,198,659.65 vs Total receivable collected through the disconnection process $138,003.39.
$27,901,913.68. Ending Utility Receivable Due - $9,759,352.10
Customer Service Department Mission
Continually provide quality public service to our diverse group of customers with
professionalism, respect, & integrity. ~ City of Dover Customer Service Department
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Page 118
Item #26.
City of Dover
Office of City Assessor
Monthly Report for July 2024
Our administrative assistant is out of the office indefinitely and the report is
slightly modified until her return. We are monitoring the mail, processing
deed stamps, updating addresses and various other functions of the
assessor’s office.
The tax bills were generated with mild difficulty totaling $16,673,892.20. The
printing was delayed due to the size of the file. We received the chunkify error
two years in a row and at the advice of Ms. Marney, the bills were printed in
smaller batches.
As of July 31, 2024, transfer tax was collected in the amount of $780,733.19
compared to $155,008.00 in July of 2023.
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Item #26.
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11
Page 120
Item #26.
ELECTRIC DEPARTMENT MONTHLY REPORT
For the month of July 2024, the Electric Department contributed to the quality of life for all our customers.
The city experienced a system peak of 163.8 megawatts, an increase of 12.2 megawatts from last month
and a 7.6 megawatt increase from the same month last year.
There was a total of 9 outages for the month affecting a total of 2,886 customers with an average outage
time of 78.6 minutes.
Project Updates:
The department continues to work in the new developments, pole testing, LED light replacements and
assorted other work. We are also working on scheduled FY25 capital projects.
Pole testing and light upgrades slowed down due to new development and capital project work.
Approximately 5,000 of 6,000 poles have been tested with the fail rate remaining the same. Light
replacements are at about 82% complete. Towne Pointe conversion has been completed with only two
spans of overhead to be torn down. Woodcrest conversion was delayed due to lack of transformers but
started back up towards the end of July with an estimated completion of Aug 31st.
Substation construction is progressing, and several RFPs have been approved. We are waiting on
manufacture and delivery of the steel to start mounting the structures in the station.
Van Sant was called on for dispatch in July three times and ran for a total of 22 hours. A capacity test was
conducted in conjunction with a PJM dispatch and successfully met the MW requirements.
FY 25 YTD Outages and Response Time:
Total – 9 Average Response Time – 31 (Goal – Less than 30 minutes)
Statistics: 3-year average: FY Average:
Average Interruption
Duration Index (SAIDI) 180.7 minutes 7.2 minutes
Goal – Not to exceed 100 mins
System Average Interruption
Frequency Index (SAIFI) 1.8 per cust .08 per cust
Goal – Not to exceed 1 per customer
Customer Average Interruption
Duration Index (CAIDI) 98.3 minutes 83.4 minutes
Lost Time Accidents – Workorders Generated –
Current Month – 0 Total FY – 0 Current Month – 149 Total FY – 149
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Item #26.
ELECTRIC DEPARTMENT MONTHLY REPORT
FY25
Historical Peak Load
180
160
140
120
100 2022
Megawatts
80 2023
2024
60
40
20
0
Jan Feb Mar Apr May Jun Jul Aug Sept Oct Nov Dec
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Page 122
Item #26.
HUMAN RESOURCES
July 2024
City of Dover Human Resources Mission Statement:
The City of Dover’s Human Resources Department strives to provide quality service to assist
our greatest asset, our employees. Equity, Integrity, and Urgency is our focus to ensure
employee satisfaction as well as company wellness. We implement policies and procedures that
align with organizational goals, including a safe and compliant workplace, effective training
and professional development, and addressing both the needs of employees and the
organization.
City of Dover Human Resources Value Statement:
Innovation: We strive to include best HR practices to enhance a robust technological movement
to enhance the quality and efficiency of the department.
Collaboration: We honor knowledge sharing, diversity of thoughts and ideas, and experiences to
encourage an inclusive workforce.
Integrity and Transparency: We honor our commitments and promote a healthy environment that
promotes fairness, honesty, respect, and trust.
Results Driven: Customer service is front and center, and we advocate for employees' and
retirees’ needs at all times.
JULY’S SUMMARY:
July’s Hiring Trends FY24:
MONTH NEW HIRE AMOUNT STATUS
JULY 6 4FT, 2PT
July’s Voluntary Termination/Involuntary Termination Trends FY24: In the month of
July, there were 3 FT Voluntary Terminations and 1 Termination due to Death.
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Item #26.
HUMAN RESOURCES
JULY’S EEO DATA
EEO DATA
2% 1%
5% 3%
15%
74%
AMERICAN INDIAN ASIAN BLACK CAUCASIAN HISPANIC OTHER RACE
AMERICAN INDIAN 3%
ASIAN 1%
AFRICAN AMERICAN 15%
CAUCASIAN 74%
HISPANIC 2%
OTHER RACE 5%
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Item #26.
HUMAN RESOURCES
JULY’S EEO DEMOGRAPHICS
EEOC DEMOGRAPHICS
MINORITY 101
CAUCASIAN 292
0 50 100 150 200 250 300 350
CAUCASIAN 292
MINORITY 101
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Item #26.
HUMAN RESOURCES
JULY’S GENDER REPORT
GENDER REPORT
27%
73%
FEMALE MALE NONBINARY
MALES 73%
FEMALE 27%
NON-BINARY 0%
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Item #26.
HUMAN RESOURCES
FULL-TIME VS. PART-TIME EE’S
FULL - TIME VS. PART-TIME EE'S
450
387 388 387 394 392 390 393
400
356 358 362 365 365 364 364
350
300
250
200
150
100
50 31 30 25 29 27 26 29
0
JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC
FULL TIME PART TIME TOTAL EE'S
Numbers do not reflect temporary, seasonal, relief fire dispatchers, committees, or council members.
MONTH JAN FEB MAR APR MAY JUNE JULY AUG SEPT OCT NOV DEC
FULL- TIME 356 358 362 365 365 364 364
PART-TIME 31 30 25 29 27 26 29
TOTAL EE'S 387 388 387 394 392 390 393
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Item #26.
HUMAN RESOURCES
JULY’S INTERNAL EE AGE DEMOGRAPHICS
AGE DEMOGRAPHICS
18-24 6%
25-34 26%
35-44 21%
45-54 23%
55-64 19%
65+ 5%
0% 5% 10% 15% 20% 25% 30%
AGE PERCENTAGE
18-24 6%
25-34 26%
35-44 21%
45-54 23%
55-64 19%
65 + 5%
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Item #26.
HUMAN RESOURCES
HIRING DETAILS
Position Hired: 1 FT CIVIL ENGINEER, 1 FT MEO I, 1 PT BUILDING SUPERVISOR, 1
POLICE CADET, 1 LIBRARY CLERK, 1 LIBRARY ASSISTANT
Transferred/Promoted: 0
Position Terminated/Resigned/Retired/Other: 3 FT VOLUNTARY TERMS, 1 TERM DUE
TO DEATH
Terminal Leave: N/A
CURRENT VACANT POSITIONS
VACANT POSITIONS BY DEPT. ORIGINAL POSTING DATE May-24
STOREKEEPER/BUYER II/CENTRAL SERVICES DEPT 8/27/2024 FT
ACCOUNT CLERK II/CUSTOMER SERVICE DEPT 8/20/2024 FT
INSPECTOR I/CODE ENFORCEMENT DEPT 8/19/2024 FT
BUILDING MAINTENANCE CRAFTPERSON II/CENTRAL SERVICES DEPT 8/15/2024 FT
OFFICE ASSISTANT II/PARKS AND RECRATION DEPT 7/30/2024 FT
MOTOR EQUIPMENT OPERATOR II/WATER WASTEWATER DEPT 7/30/2024 FT
ELECTRICIAN I/CENTRAL SERVICES DEPT 7/3/2024 FT
EXECUTIVE ASSISTANT AND CONSTITUENT LIASION TO THE MAYOR 7/1/2024 FT
BUILDING MAINTENANCE CRAFTSPERSON I 6/27/2024 FT
CHIEF BUILDING INSPECTOR/PLANNING, INSPECTIONS, AND COMMUNITY DEVELOPMENT 6/13/2024 FT
LIBRARY PAGE/DOVER PUBLIC LIBRARY 5/21/2024 PT
ACCOUNTANT II/FINANCE DEPT 5/21/2024 FT
MOTOR EQUIPMENT OPERATOR I/STORMWATER DIVISION 5/1/2024 FT
MOTOR EQUIPMENT OPERATOR I/ WATER WASTEWATER DEPT 5/1/2024 FT
LIBRARY ASSISTANT - YOUTH SERVICES/DOVER PUBLIC LIBRARY 4/3/2024 PT
PASSPORT CLERK/DOVER PUBLIC LIBRARY 4/3/2024 PT
PARKS AND RECREATION DIRECTOR/PARKS AND RECREATION 3/27/2024 FT
MOTOR EQUIPMENT OPERATOR I/SANITATION 3/4/2024 FT
ANIMAL CONTROL OFFICER/POLICE DEPT 2/12/2024 FT
VICTIM SERVICES ADVOCATE/POLICE DEPT 2/7/2024 PT
CIVIL ENGINEER I/WATER/WASTEWATER DEPT 2/1/2024 FT
BUILDING SUPERVISOR/PARKS AND RECREATION DEPT 1/18/2024 PT
ARBORIST/PARKS AND RECREATION 1/10/2024 FT
PARKING ENFORCEMENT OFFICER/POLICE DEPT 11/29/2023 FT
PLANNING, INSPECTIONS, AND COMMUNITY DEVELOPMENT DIRECTOR/PLANNING AND INSPECTIONS DEPT 10/18/2023 FT
PLANNER II/PLANNING DEPT 10/10/2023 FT
HUMAN RESOURCES GENERALIST/ HR DEPT 7/26/2023 FT
CONTROLLER/FINANCE DEPT NO LONGER POSTED FT
POLICE CADET/POLICE DEPT ALWAYS OPEN PT
RELIEF FIRE DISPATCHER/FIRE DEPT ALWAYS OPEN PT (AS NEEDED
*Not used for Budgeting Purposes
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Item #26.
HUMAN RESOURCES
TURNOVER STATISTICS
Monthly
Number of Average Quarterly Annual
Turnover
Month Separated Number of Turnover Turnover
Rates
Employees Employees Rates Rate
(Percentage)
January 0 387 0.0%
February 1 388 0.3%
March 4 387 1.0% 1.3%
April 4 394 1.0%
May 2 392 0.5%
June 2 390 0.5% 2.0%
July 4 393 1.0%
August 0 1 0.0%
September 0 1 0.0% 1.0%
October 0 1 0.0%
November 0 1 0.0%
December 0 1 0.0% 0.0% 4.3%
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Item #26.
HUMAN RESOURCES
Monthly Turnover Rates (Percentage)
1.2%
1.0% 1.0% 1.0%
1.0%
0.8%
0.6%
0.5% 0.5%
0.4%
0.3%
0.2%
0.0% 0.0% 0.0% 0.0% 0.0% 0.0%
0.0%
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Item #26.
HUMAN RESOURCES
Quarterly and Annual Turnover Rates
5.0%
4.5% Annual, 4.3%
4.0%
3.5%
3.0%
2.5%
Q2, 2.0%
2.0%
1.5% Q1, 1.3%
Q3, 1.0%
1.0%
0.5%
Q4, 0.0%
0.0%
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Item #26.
HUMAN RESOURCES
JULY’S WORKER’S COMPENSATION DATA
MONTH JUNE 24 JULY-24
WORKERS COMP INJURY DETAIL 6 6
WORKERS COMP COST JULY 2024
Total 7491.86
Grounds 2570.32
Metering 301.05
Police 2424.68
PowerPlant 21.88
Procurement 624.6
Stormwater 1549.33
0 1000 2000 3000 4000 5000 6000 7000 8000
Respectfully Submitted by H. Naomi Poole
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24
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Item #26.
Information Technology Department
July 2024 Report
Larry Josefowski, Director
CrowdStrike Outage: On July 19th, the City was affected by an error in an update deployed by CrowdStrike. We
had most of our servers and about 30-40% of our workstations affected. The code that was deployed in the
update caused the machines to not be able to be booted into Windows.
We came in, reviewed the options, came up with a plan to resolve the issue, and briefed the City Manager on
the restoration priority. Our primary vendors reached out to us offering assistance, but we did not feel it
necessary.
We restored all the active workstations by 3:00 pm and finished up the remaining workstations the following
Monday. There were some services that we had to spend some additional time on resolving; “pulling the plug”
on servers can cause direct and indirect issues that we were discovering for a considerable time afterwards.
While this was disruptive, we have no plans to move from this tool. It is considered the gold standard. We will
continue to monitor the market and will take advantage of expected tweaks to the tool that may help in the
future but will continue to use the product.
Network Security: Other than CrowdStrike, we continued to work on security in other areas, such as reviewing
and deconflicting some of our group policies for access. We also continue to review our server environment and
look to improve the security and performance.
Tyler Enterprise ERP: Reviewed existing services that we are using with Tyler, and with Finance and Customer
Service, determined which of the applications we will be cancelling from this platform. This is primarily an event
that will have little effect on the citizens; we are not planning on cancelling anything that is already in use on the
Tyler platform, but rather we are planning on cancelling any additional services and continue to rely on our
legacy system. We will have to do some upgrades on the legacy system, but we believe the existing hardware
platform can handle the upgrades, but we will have to consider a path forward after that.
Metrics: We track a fairly large number of metrics, and we’re highlighting some of the ones we don’t usually
show, and why we track them.
System Improvements:
We are evaluating a new ticketing solution. We’ve had some recent problems with our freeware version, such as
changes, excessive advertising, and outages.
Selected Metrics:
VOIP Phone Quality: This measures the quality of the phone circuits, but only tells part of the story. If reflects
the percentage of calls that are considered good quality. There were over 20,000 phones calls involving the City
of Dover during the month of July.
Maximum Bandwidth: This measures the most Internet that we are consuming during the course of a given
month. It is interesting that it is trending downward, as it likely means we are doing a better job of spreading out
peak traffic due to data uploads and backups. This should mean more efficient use of all resources, as these
processes also affect other devices on the network.
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Item #26.
Risk Score: This is a score based on our users’ behavior in terms of phishing tests, training, and some additional
factors on the position of the person. This is a metric that the lower the score, the better. September 1st of next
year.
# of Incidents: I’m including this metric to show that while it reflects the work done, it does not always reflect
ALL the work done. While we do try to capture all the data, issues with our help desk ticketing system likely
caused more tickets to not get documented. In addition, from an official IT perspective, we should have had a
ticket created for every computer that needed to be touched – which would have added many more incidents
than the few that were created, and the team focused on fixing the problems, not creating the tickets.
However, it was the month with the most tickets since we started accurately reflecting this data.
50
VOIP Phone Quality 48 Risk Score (From KnowBe4)
46
44
42
95%
95% 40
94% 38
94%
93% 36
93%
92% 34
92% 32
91%
91% 30
90% February March April May June July
Call Legs quality
Maximum Bandwidth Number of Incidents
Throughput (MBs) 160
400 150
140
350
130
300 120
110
250
100
200
90
150 80
100
February March April May June July
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Reference Transactions
July 2024 Item #26.
Adults 815
Teens 124
Children 364
0 250 500 750 1000 1250 1500 1750 2000
Circulation July '24 FYTD '25 July '23 FYTD '24
City of Dover Residents 12,294 12,294 10,269 10,269
Electronic Materials 6,751 6,751 5,269 5,269
Kent County Residents 11,296 11,296 9,310 9,310
Non-County Residents 1,368 1,368 9,619 9,619
New Library Registrations
City of Dover Residents 323 323 210 210
Kent County Residents 141 141 197 197
Non-County Residents 9 9 3 3
Registered Library Users as of 07/31/2024 Registered Library Users as of 07/31/2023
City of Dover Residents 19,372 17,535
Kent County Residents 8,998 7,286
Non-County Residents 697 617
TOTAL 29,067 25,438
Other
Visitors 17,233 17,233 15,016 15,016
Meeting Room Attendance 3,423 3,423 2,484 2,484
Number of Computer Users 2,021 2,021 1,583 1,583
Number of Wireless Computer Users 1,652 1,652 1,510 1,510
Inter/Intralibrary - Loaned 42 46
Inter/Intralibrary - Borrowed 74 107
Holds Sent 2,793 3,040
Holds Received 1,675 1,943
TOTAL 4,584 4,584 5,136 5,136
Tech Services/Items Added 569 917
Tech Services/Items Deleted 3,386 1,125
Passport Services/Customers 251 251 176 176
Passport Services/Revenue $10,266 $10,266 $6,842 $6,842
Monthly Highlights
►474 attended 47 programs for adults.
►95 attended 17 program for teens.
►2,317 attended 45 programs for children.
► 0 volunteers.
Program Spotlight
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Item #26.
Parks & Recreation
Monthly Report - July 24
Parks & RecreaƟon Highlights
Five Park Projects Update
Dover Park Building and Spray Pad. Staff con nues to follow this project. Progress mee ngs have been held
With Kent Contrac ng and Whitman Requardt & Associates to keep the project moving forward.
All Accessible Playground staff con nues to follow this project. Son‐Djerry Cameus of Congresswoman Lisa
Blunt Rochester office met with Sharon Duca, Roger Ridgeway and Carolyn Courtney for a site visit and project
update.
Skate Park in progress as noted in the FY25 CIP list. Staff will be upda ng The Skate Project grant repor ng
forms to remain ac ve and meet grant requirements.
Summer Camps are in full swing. Super Summer Playground our weekly camp con nues to hold steady with
approximately 40 kids weekly. Our Soccer, Volleyball, Basketball and Football Camps held strong with great
par cipa on numbers and Camp Small Wonder is hos ng 60 children this year. Camps will run into August, ending
prior to the start of school.
Spring & Summer Performing Arts on The Green A special thanks goes to Bally’s of Dover for their Gold Level Sponsorship
and to Shore United Bank for their Friend Parks & Recrea on sponsorship. Mark your calendars for Thursday Nights
beginning June 6 at 7 pm for a night of free family entertainment!
Outdoor Sports & Leagues
Recreation Revenue Breakdown ParƟcipant & Spectator Count
AcƟvity ParƟcipants Spectators LocaƟon
Tennis in the Park 30 32 Dover Park
Girls So ball Prac ces 25 10 Dover Park
Church League So ball 864 259 Schu e Park
Senior Mens So ball 608 114 Schu e Park
July 2024 July 2023 Girls So ball Prac ces 50 15 New Street Park
General Recrea on $796 General Recrea on $2,672 Tuesday Night Track 453 521 Dover High School
Camps $17,350 Camps $18,025 High School Field Hockey 495 210 Dover High School
Leagues $550 Leagues $50
Sports $309.25 Sports $0
Park Permits/Rentals $510 Park Permits/Rentals $400
Parks & RecreaƟon FYTD FYTD
July 24 July 23
Programs 25 24
General Recrea on 228 228 274 274
Open Gym 39 39 47 47
Sports 5 5 88 88
Leagues (Inside) 3,221 3,221 3,737 3,737
Bldg, Field, Facility permits 12 12 10 10
Camps 992 992 975 975
*Spring & Summer Concert Series ‐ Thursday evenings at 7pm ‐ The Green*
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Item #26.
Grounds Monthly Report
Jul-24
Arborist Crew: Arborist Crew
- Trimmed street trees Tree Work Completed
- Cleaned up storm damage Tree's Trimmed 106
Tree's Removed 22
Beautification Crew: Root Pruning 0
- Continue maintenance on flower beds Stumps Removed 1
- Assisted with street spraying Trees Planted 0
Mowing Crew:
- Mowing routes are being completed on schedule
- Began trimming trees and vegetation at mowing locations.
Litter Removal:
- Litter is being picked up on city property as per the weekly schedule
- Litter person has been diligent in the reporting of destruction in City parks
- 445 Total 90 gallon cans collected
- Removed 8 Shopping Carts
Parks Crew:
- Completed parks route daily
- Graded parking lots at Schutte Park
- Lined sports fields
- Prepped softball fields for weekly games and rentals.
- Set up stage for events
Miscellaneous:
- Spraying at Parks and City property
- Bush hogging at City property and right aways
- Repaired 4 light strands on Loockerman St
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29
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Item #26.
Litter Cans Collected
700
600
500
400
300
200
100
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022 2023 2024
Trees Removed
80
60
40
20
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022 2023 2024
Trees Trimmed
250
200
150
100
50
0
Jan Feb Mar April May June July Aug Sept Oct Nov Dec
2021 2022 2023 2024
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Item #26.
City Planner’s Monthly Report
Department of Planning & Inspections
JULY 2024
Planning & Inspections Highlights
Some Items to Call to Your Attention
Summer in Dover is in full swing with construction and events. First from a regulatory standpoint, a
series of text amendments to the Dover Code of Ordinances related to code enforcement violations
and fees and fines were being implemented. An ordinance for changes to the Business License fees
was adopted just prior to the start of Business License renewals in July. Also, a text amendment
package related to the application fees for the Boards and Commissions was also in review and slat-
ed to become effective September 1, 2024.
In July, construction activity continued in residential construction of new homes and with other non-
residential projects. New homes are under construction in the residential subdivisions of Eden Hill
Farm TND and in Rojan Meadows PND. Progress visible was seen with steel placement underway for
the Kent County Family Courthouse project. In the month, Building Permits issued to four (4) new
house starts and to projects totaling over $14 million in construction value for commercial permits
for new buildings and renovations. The number of Inspections associated with construction activi-
ties for Building, Plumbing, and Mechanical Permits remained steady with over 450 inspections. By
month’s end, Certificates of Occupancy were also issued to eight (8) dwelling units completed in the
City.
The start of Fiscal Year 2024-2025 kicks off with the timeframe for Business License Renewals. The
Business License fees were increased slightly including changes to the prorating process for such li-
censes. In July, a total of 1,415 City Business Licenses were issued after the mailing of the Business
License Renewals with more expected. (See Revenue Report on next page).
The Code Enforcement Staff focused on follow-ups for lack of Rental Permits dealing with 155 cases
(Rental Dwelling Permit license renewals were due in late January). Staff also conducted Annual
Housing Inspections as part of the Rental Dwelling Permit program with 130 completed in the
month. With some needed rainfall in the month, once again the Tall Grass & Weeds Violations in-
creased. Other Code Enforcement cases focused on exterior property maintenance issues/violations
and Dover Code of Ordinance violations.
For the Fire Marshal’s Office Staff, it was fireworks time with
events at Bally’s and for July 4th in Downtown Dover. Unfortu-
nately, the number of fire investigations in July increased to ten
(10) incidents with two fire loses.
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31
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Item #26.
Planning & Inspections Revenue
FY 2025 Revenue
Estimates from FY2025 Actual
Revenue Stream Budget (YTD) July 2024 % of Budget
Business License $1,450,000 $ 577,548 40%
Manufactured Home License $14,000 $ 5,355 38%
Building Permits $550,000 $ 128,617 23%
Cert. of Occupancy $8,000 $ 880 11%
Public Occupancy $45,000 $ 665 1%
Lodging House $28,000 $ 32 0%
Plumbing/Heating/Air $100,000 $ 9,304 9%
Rental Inspection Fee $750,000 $ 17,576 2%
Miscellaneous $20,000 $ 1,970 10%
Fire Protection Fees $80,000 $ 17,071 21%
Code Enforcement Fines $100,000 $ 2,050 2%
Vacant Building Reg. $50,000 $ 750 2%
Total P&I Revenue $3,195,000 $ 761,818 24%
Planning Office Operations
The Meetings of the Boards and Commission supported by the Planning Office are presented in the Hybrid
format with both In-Person and Virtual (using Webex) meeting options for participation. Electronic commu-
nications and conducting Meetings and Trainings in virtual formats are commonplace due to realized effi-
ciencies.
The Planning Office is part of the review process for certain types of construction activity permits (Building
Permits, Sign Permits, etc.) and Certificate of Occupancy permits in order to confirm compliance with the
Zoning Ordinance provisions. For July 2024, Planning Staff was involved with the review of 80 Building Per-
mits and 12 Certificates of Occupancy permits that were issued for a monthly total of 92 and a year-to-date
total of 541. The 2024 year-to-date tally is lower than the year-to-date totals of Permits and COs seen in
2023 at 602 and in 2022 at 613. Staff also reviews new applications for Business Licenses and Rental Dwell-
ing Permits.
JULY 2025 (FY24) TOTAL FOR FY25
New Home Permits Issued 4 4
Value of Commercial Projects $14,269,514.00 $14,269,514.00
Downtown Incentives (Fees Waived)
$1.737.00 $1,737.00
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32
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Item #26.
COMPREHENSIVE PLAN IMPLEMENTATION
2019 Comprehensive Plan
Implementation of the 2019 Comprehensive Plan continues as Departments citywide focus on the plan im-
plementation items as found in Implementation Plan (Chapter 15) items such as the projects, studies, code
amendments, and other activities. A copy of the Final Plan (as amended) is available on the Comprehensive
Plan website: https://www.cityofdover.com/2019-comprehensive-plan Visit the Dover Parcel and Zoning
Viewer on the City’s website to see zoning information for properties located in Dover. Use the Quick Link
on the main page www.cityofdover.com.
Other Activities
• Downtown Dover Strategic Master Plan: The Downtown Dover Partnership’s Strategic Master Plan is
known as “Transforming Downtown Dover: Capital City 2030” (January 2023). Various partners are
focusing on aspects of Plan implementation. Currently, the Downtown Dover Partnership and the Do-
ver/Kent County MPO are preparing the Downtown Dover Pathways Study (underway with consultants)
for presentations of Final Study document in August. Also, the City is involved in planning for water and
sanitary sewer improvement projects.
• Downtown Development District – Renewal Application: The Downtown Development District (DDD)
for the City of Dover was designated in January 2015 for a period of ten years. The City is eligible to ap-
ply for a five-year extension of this designation. With the assistance of Rossi, a consultant group, the
City submitted the Draft Renewal Application and DDD Plan (along with adopted Resolution #2024-06
supporting the Renewal Application) for a five-year extension and including expansion of the DDD
boundaries. The submission will be reviewed by the State Cabinet Committee. Once approved then
amendments to the Dover Code of Ordinances will need to be considered formally establishing the re-
vised Downtown Development District Boundary.
Construction Activities
• In July 2024, Residential Building Permits were issued for four (4) single family detached dwellings on S.
Queen Street, S. New Street, Laurel Drive, and Pine Valley Road.
• Certificates of Occupancy were issued to two (2) Duplex dwelling units (by Chatham Bay) and five (5)
Townhouse units (by D.R. Horton) in Eden Hill Farm TND; and for a single family detached dwelling on
Riverside Road.
• Building Permits issued in July were for the Skipton Community Center (southern Clubhouse) in Eden
Hill Farm TND (S-23-11); the Ridgely Boulevard Clubhouses (two northern Clubhouses) in Eden Hill Farm
TND (S-24-02); the Delaware State University Agricultural Building on the main campus (S-23-18); reno-
vation repair to the management office building at Kings Cliffe Manufactured Home Park; a retail store
(Dollar General) at 283 S. Saulsbury Road (S-22-16); canopies for the Child Day Care Center at DelTech;
and a window replacement project at the Central Middle School Building.
• Certificates of Occupancy were issued for the new NeighborGood Partners Office Building at 223 W Di-
vision Street (S-23-03); the Accessory Structure (Restroom) at the John Bell House on The Green (HI-22-
06); office renovations at 1417 New Burton Road; and a tenant fit-out for a retail store at 515 S. DuPont
Highway.
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33
Page 142
Item #26.
2024: Welcome to Dover!
Progress in Pictures
1414 N
223 W. Division Street—NeighborGood Partners Office Building
515 S. DuPont Hwy Suite #3—Cell Surgeon
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34
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Item #26.
2024: Welcome to Dover!
Progress in Pictures
1417 New Burton Road
Center for
Medical Aesthetics
46 Riverside Drive 525 and 527 Ruth Way
Hidden Creek Eden Hill Farm TND
201,203,205,
207 and 209
Ridgely Blvd.
Eden Hill Farm
TND
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35
Page 144
Item #26.
BOARD AND COMMISSION ACTIVITY
There were Meetings in July of the Boards and Commissions supported by the Planning Office. The Planning
Commission Meeting on July 15, 2024 consisted of review of a Site Plan Application. The Historic District
Commission did not meet in July; the next meeting is scheduled for August 15, 2024. The Board of Adjust-
ment met on July 17, 2024 to consider a variance application and an Appeal Request.
Planning Commission:
The Planning Commission met on July 15, 2024 and considered the following application. The next Planning
Commission meeting is scheduled for August 19, 2024.
• S-24-10 Stoltzfus LLC Warehouse at 1285 College Park Drive – The Planning Commission granted con-
ditional approval of a Site Development Plan inclusive of all the waivers requested for a 5,120 SF Ware-
house adjacent to an existing 10,000 SF Warehouse and other site improvements. The property is 1.507+/-
acres and zoned M (Manufacturing Zone). The property is located north of College Road in the College
Business Park on the north side of College Park Drive adjacent to the railroad tracks. The owner of record
is Stoltzfus, LLC. The property address is 1285 College Park Drive. Tax Parcel: ED-05-067.00-02-12.02-
000. Waiver Requests: Reduction of the Parking Requirement, Elimination of Upright Curbing, Opaque
Barrier – Elimination of Fence Component, and Partial Elimination of Sidewalk. For Consideration: Per-
formance Standards Review Application.
Historic District Commission:
The Historic District Commission did not meet on July 18, 2024. The next Historic District Commission
meeting is scheduled for August 15, 2024.
Board of Adjustment:
The Board of Adjustment met on July 17, 2024 and considered the following items. The next Board of Ad-
justment meeting is scheduled for August 21, 2024.
• Application #V-24-02 Property at 1494 McKee Road—The Board granted approval of a Variance from
the requirements of Zoning Ordinance, Article 3 §27.61 for future construction of a building. The Vari-
ance granted allows relief from the maximum setback as it relates to the front yard in the Corridor Over-
lay Zone. The front yard setback requirement is a minimum of 40 feet and a maximum of 50 feet along
McKee Road for a non-residential building. The property is zoned R-8 (One-Family Residence Zone) and
subject to the COZ-1 (Corridor Overlay Zone). The owner of record is Abhay Patel. Property Address:
1494 McKee Road. The Tax Parcel ID is ED-05-067.00-01-09.00-000.
• Application for Appeal #V-24-03 from the Historical Society of Dover (Friends of Old Dover) - The
Board dismissed the Appeal Application because they determined by a vote of 4 Yea and 0 Nay that it
was without jurisdiction to consider the Appeal. This was the final decision of the Dover Board of Adjust-
ment concerning this application. The Appeal Request to the Board of Adjustment related to the determi-
nation of the Principal Planner regarding the implementation of the Zoning Ordinance, Article 10 Section
3.2 as administered at the June 17, 2024 Planning Commission Meeting and the determination that the
Appeals before the Planning Commission were not subject to a public hearing. This is associated with the
Planning Commission’s consideration of Applications HI-24-02 and HI-24-03 as Appeals to the Planning
Commission of the Historic District Commission action of May 16, 2024 to deny the Architectural Re-
view Certifications for the Demolition of two buildings at 148 S. Bradford Street and 150 S. Bradford
Street. The involved properties are zoned C-2 (Central Commercial Zone) and subject to H (Historic Dis-
trict Zone). Involved Properties: 148 S. Bradford Street (ED-05-077.09-02-25.00-000) owned by Russell
and Dee Ann Widder; and 150 S. Bradford Street (ED-05-077.09-02-27.00-000) owned by CEI Proper-
ties, LLC. The applicant for HI-24-02 and HI-24-03 is the Downtown Dover Partnership.
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COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Item #26.
CDBG FY23 Projects
• Homeownership Assistance Program
CDBG funds will be used to provide homeownership assistance to first-time homebuyers
who purchase affordable housing in the City of Dover. One family purchased a home and
one family is scheduled to close in August.
• Dover Interfaith Mission for Housing (DIMH)
CDBG funds will be used to provide operations cost for the shelter. DIMH has purchased a
building for its new shelter location that will be renovated with CDBG funds. This project
is underway. Eighty percent 80% of project funds have been spent year-to-date and 100%
of funds have been spent on renovations cost.
• Central Delaware Housing Collaborative
CDBG funds will be used to provide operations cost for a women’s shelter. This project is
underway. Seventy percent (70%) of program funds have been spent year-to-date.
• Milford Housing Homeowner Rehabilitation/Emergency Home Repair Pro-
grams
CDBG funds will be used to rehabilitate existing owner-occupied housing in the City that
are in violation of the City’s Housing Code and complete emergency home repairs to
eliminate housing conditions that threaten the health and safety of low-income home-
owners. Two owner occupied homes have been rehabbed and six (6) homes received
emergency home repairs.
• American Rescue Act (ARPA) Funding
City Council approved to award a little over $1.8 million in grant funding for Housing and
Community Service projects. All projects are underway. A little under $1.5 million or
83% of funds have been spent on Round 1 of ARPA funding year to date. Dover Housing
Authority, Murphey School and Reading Assist have completed their projects. ARPA
Round 2 funding for a little under $500,000 was awarded to subgrantees in April 2023.
Projects are currently underway. Thirty percent (30%) of funds have been drawn down
for Round 2 with Murphey School completing their project.
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37
Page 146
Item #26.
CODE ENFORCEMENT ACTIVITY
DECEMEBER 2023 DECEMEBER
2023 DECEMEBER 2023 DE-
CEMEBER 2023 DECEMEBER 2023
DECEMEBER 2023 DECEMEBER
2023
Case Type Current MTD MTD FY23 % Changed YTD Total FY24 YTD Total
FY 23 % Changed YTD
Dangerous Buildings, Vacant Buildings, Demolitions & Announcements
Vacant Buildings currently registered - 127
Dangerous Buildings – 51
Active Rental Dwellings – 7,825 units
Active Demolitions - 137 S Queen St , 137 S Queen St (Cottage), 132 S New St
Completed Demolitions – 130 S New St & 134 S New St (Demolished by City order)
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38
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Building Inspections & Licensing Summary Item #26.
July 2023—
July 2024–
Current June 2025 July 2024 June 2024
PERMITTING AND LICENSING
Permits Issued JULY (2024) JULY (2023)
FY 25 FYTD 25 FY24 FYTD 24
Administrative Permit
2 2 3 3
Building Addition/Renovation Permits 39 39 25 25
Building Permits
22 22 12 12
Demolition Permits
7 7 1 1
Fence Permits 19 19 20 20
Fire Prevention Permits 8 8 11 11
Mechanical Permits
47 47 20 20
Plumbing Permits
21 21 14 14
Sign Permits 11 11 10 10
Swimming Pool Permits
3 3 2 2
Subtotal 179 118
Business Licenses 697 697 729 729
Merchant Licenses
96 96 94 94
Contractor Licenses
622 622 670 670
Subtotal 1415 1493
Lodging House Licenses
0 0 0 0
Public Occupancy
16 16 41 41
Rental Dwelling 77 77 36 36
Subtotal 93 77
Manufactured Homes 117 117 118 118
BUILDING INSPECTIONS
Inspections JULY (2024) JULY (2023)
FY 25 FYTD 25 FY24 FYTD 24
Building (Inspections/CBI/Site Meetings)
233 233 149 149
Plumbing/Mechanical
230 230 130 130
Certificate of Occupancy
12 12 17 17
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39
Page 148
Item #26.
Office of the Fire Marshal
The Fire Marshal’s Office staff investigated ten incidents
during the month of July including a major fire loss at
Greenhill Road and Willis Road.
-Staff worked Bally's and 4th of July fireworks to ensure
that all of the citizens and visitors were safe during the
festivities.
- Staff is starting educational/school annual inspections.
Month Year to Date Previous Year to Date
Annual Fire & Life Safety Inspections 45 45 55
Deficiencies From the Above Inspections 85 85 156
Fire Code Violations/Deficiencies/ 23 23 24
C/O & Fire Equipment Acceptance Tests 14 14 6
Meetings & Walk Through 12 12 19
Fire Plan Review & DAC 8 8 13
Month Year to Date Previous Year to Date
Accidental 7 totaling $229,000 7 totaling $229,000 6 totaling $5,000
Undetermined 1 totaling $1 1 totaling $1 0
Incendiary 2 totaling $2,600 2 totaling $2,600 1 totaling $1,000
Natural 0 0 1 totaling $60,000
Investigation Time 22 2 1
Injuries 2 2 1
Deaths 0 0 0
Arrest made with DPD 0 0 0
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40
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Item #26.
Page 149
41
Page 150
Item #26.
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42
Page 151
Item #26.
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43
Page 152
Item #26.
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44
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Item #26.
CITY OF DOVER
DEPARTMENT OF WATER & WASTEWATER
MONTHLY REPORT
Jul-24
Inflow & Infiltration Costs
$300,000.00 This chart indicates the amount of money the City is
spending on treating ground and / or rain water
through Kent County. This cost is being offset by the
$250,000.00
Ground Water Inflow Adjustment rate passed on to the
customers. April 2024 had a large amout of rainfall,
$200,000.00 causing a significant I & I deficit. July 2024 had a
inverted cost due to the timing of our report and the
$150,000.00 timing of the Kent County Bill
$100,000.00
$50,000.00
$-
Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24
$(50,000.00)
$(100,000.00)
I & I Cost
Water & Wastewater Repairs
7 Water mains and services are typically
repaired at a higher rate when drastic
change in temperature occurs. This
6 freeze and thaw cycle expands and
contracts the soil, causing cracks in the
5 water line. November 2023 had large
fluctuations of temperature, causing a
large volume of repairs.
4
3
2
1
0
Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24
Water Mains Repaired Water Services Repaired Wastewater Mains Repaired Wastewater Laterals Repaired
Page 153
45
Page 154
Item #26.
CITY OF DOVER
DEPARTMENT OF WATER & WASTEWATER
MONTHLY REPORT
Jul-24
Number of Brown Water Complaints
20
This chart indicates the number of
18 complaints the Department receives.
March 2024 was high because it has
16 been over 5 months since the last
flushing operation.
14
12
10
8
6
4
2
0
Jul-23 Aug-23 Sep-23 Oct-23 Nov-23 Dec-23 Jan-24 Feb-24 Mar-24 Apr-24 May-24 Jun-24 Jul-24
Number of Brown Water Complaints Linear (Number of Brown Water Complaints)
Department Spotlight - July
The Department of Water & Wastewater provided
substantial completion on a new water production well, this
will increase our water production redundancy and provide
for a potentially higher water allocation in the future.
Page 154
46
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Item #27.
Page 155
Page 156
Item #27.
Finance Department Monthly Report July 2024
This page intentionally left blank
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Item #27.
Finance Department Monthly Report July 2024
CITY OF DOVER
ACTIVITY REPORTS
July 2024
FY24 YTD FY25 YTD
BANK TRENDS
Number of Deposits Made (Hand, ACH & Wire, Lockbox) 533 577
Total Amount of All Deposits $ 11,002,595 $ 15,895,299
Other Activity
Number of Pay Periods 3 2
Number of Direct Deposits Issued 824 868
Number of Pension Checks Issued 258 258
Total Pension Benefits Paid - Defined Benefit Plan $ 505,868 $ 519,900
ACCOUNTS PAYABLE
Number of Check Vouchers 580 629
Number of EFT Vouchers 317 236
Vouchers Dollar Amount Disbursed $ 8,147,162 $ 12,391,974
FY24 YTD Wages FY25 YTD Wages
$30,034
$3,120 $5,629 $43,908 $4,318 $11,262
$14,442 $133,951 $52,771
$43,862
$199,720
$185,629
$236,234
$170,671
$1,661,125 $1,755,145
Regular Regular
All over time All over time
Vacation Vacation
Sick Sick
Terminal Leave - Retiree Vacation/Sick Payout Terminal Leave - Retir ee Vacation/Sick Payout
Personal Personal
Comp Time Comp Time
Other Other
Other includes: pay adjustments, military differential pay, training, committee meetings, worker compensation
tracking/adjustments, etc.
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Item #27.
Finance Department Monthly Report July 2024
City of Dover
General Fund Summary
Fiscal Year to Date (July 2024)
Revenues
Original Budget Actual %
Property & Transfer Taxes $ 18,876,000 $ 17,716,513 94%
Program Revenues 14,296,700 1,805,916 13%
Utility Transfers 12,000,000 1,000,000 8%
Grants 1,028,500 26,466 3%
Interfund Services 7,126,200 487,695 7%
All Other 1 1,976,800 32,865 2%
$ 55,304,200 $ 21,069,456 38%
Expenditures
Original Budget Actual %
Program Expenses $ 37,497,500 $ 2,062,874 6%
Interfund Services 12,632,000 804,225 6%
Debt Service 626,700 52,440 8%
Pension Fund Contributions 1,140,000 - 0%
Capital Project Transfers 3,173,600 793,400 25%
All Other 2 4,219,300 137,558 3%
$ 59,289,100 $ 3,850,497 6%
1
Includes Cable Franchise Revenue, Miscellaneous Receipts, Garrison Farm Rent, Sales of Assets, Fund
Invest Manager Cost.
2
Includes Bank and CC Fees, Street Lights Expense, DDP Contribution, Trf to Cable Franchise Reserve, Trf to
Electric I & E, and Trf to Electric Revenue Fund, Trf to Uncollectible Reserve and Misc. Grant Expense
and Trf to Economic Development Reserve Fund.
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Item #27.
Finance Department Monthly Report July 2024
General Fund Revenues
$20,000,000
$18,000,000
$16,000,000
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Property & Transfer Taxes Program Revenues Utility Transfers Grants Interfund Services All Other 1
Original Budget Actual
General Fund Expenditures
$40,000,000
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
Program Expenses Interfund Services Debt Service Pension Fund Contributions Capital Project Transfers All Other 2
Original Budget Actual
PagePage
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Item #27.
Finance Department Monthly Report July 2024
City of Dover
Water Fund Summary
Fiscal Year to Date (July 2024)
Revenues
Original Budget Actual %
Customer Sales $ 6,566,900 $ 833,963 13%
Impact Fees 230,000 21,346 9%
Rents 450,500 - 0%
Miscellaneous 1 182,700 27,375 15%
$ 7,430,100 $ 882,685 12%
Expenditures
Original Budget Actual %
Program Expenses $ 4,508,500 $ 229,206 5%
Interfund Services 1,029,900 84,739 8%
Debt Service 695,600 17,982 3%
Capital Project Transfers 503,000 125,750 25%
Electric I&E Fund Transfer 25,000 - 0%
General Fund Transfer 1,000,000 83,333 8%
All Other 2 25,000 1,666 7%
$ 7,787,000 $ 542,676 7%
1
Includes Penalties, Income from Sale of Assets, Miscellaneous Income, and Reconnect Fees.
2
Includes Bank & CC Fees.
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Item #27.
Finance Department Monthly Report July 2024
Water Revenues
$7,000,000
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$-
Customer Sales Impact Fees Rents Miscellaneous 1
Original Budget Actual
Water Expenditures
$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 Interfund Services Debt Service Capital Project Transfers Electric I&E Fund Transfer General Fund Transfer All Other 2
Original Budget Actual
Page 7
Page 161
Page 162
Item #27.
Finance Department Monthly Report July 2024
City of Dover
Wastewater Fund Summary
Fiscal Year to Date (July 2024)
Revenues
Original Budget Actual %
Customer Sales $ 9,843,600 $ 1,467,171 15%
Impact Fees 230,000 19,346 8%
Miscellaneous 1 150,200 18,295 12%
$ 10,223,800 $ 1,504,812 15%
Expenditures
Original Budget Actual %
Program Expenses $ 1,751,000 $ 90,331 5%
Kent County Treatment Fee 5,198,600 479,051 9%
Interfund Services 724,900 61,654 9%
Debt Service 614,200 30,915 5%
Capital Project Transfers 1,329,900 332,475 25%
Electric I&E Transfer 25,000 - 0%
General Fund Transfer 1,000,000 83,333 8%
All Other 2 11,000 497 5%
$ 10,654,600 $ 1,078,256 10%
1
Includes Interest Income, Penalties, Loss on Disposal, and Miscellaneous Income.
2
Includes Bank & CC Fees.
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Item #27.
Finance Department Monthly Report July 2024
Wastewater Revenues
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$-
Customer Sales Impact Fees Miscellaneous 1
Original Budget Actual
Wastewater Expenditures
$6,000,000
$5,000,000
$4,000,000
$3,000,000
$2,000,000
$1,000,000
$-
Program Expenses Kent County Treatment Interfund Services Debt Service Capital Project Transfers Electric I&E Transfer General Fund Transfer All Other 2
Fee
Original Budget Actual
Page 9
Page 163
Page 164
Item #27.
Finance Department Monthly Report July 2024
City of Dover
Electric Fund Summary
Fiscal Year to Date (July 2024)
Revenues
Original Budget Actual %
Customer Sales $ 92,487,300 $ 9,124,708 10%
All Other 1 2,454,000 260,411 11%
$ 94,941,300 $ 9,385,119 10%
Expenditures
Original Budget Actual %
Power Supply & Generation $ 77,032,800 $ 4,354,620 6%
Electric Operating Div. Exp. 9,868,500 828,287 8%
Interfund Services 4,371,600 341,302 8%
Debt Service 1,441,900 116,788 8%
General Fund Transfer 10,000,000 833,333 8%
All Other 2 2,710,400 199,924 7%
$ 105,425,200 $ 6,674,253 6%
1
Includes Rental Revenue, Miscellaneous Service Revenue, Interest Earnings, Investment Management Fees,
New Service Fees, Sale of Assets, Trf from Uncollectible Reserves, General Service Billing, Revenue from Rate
Stabilization, Penalties, Green Energy Charges, and Delay Damages.
2
Includes Utility Tax, Interest on Deposits, Bank & CC Fees, Bond Issuance Costs, Transfer to Uncollectible
Reserve, and Green Energy.
Megawatt Hours Sold & Purchased Rev. Budget Actual
Sales to Customers MWh (excl. Street Light MWh) 764,148 74,051
Sales per MWh $119.26 $121.42
Purchased/Generated MWh 774,549- --
All In MWh Supply & Generation $99.39 $0.00
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Item #27.
Finance Department Monthly Report July 2024
Electric Fund - Revenues
Millions
$- $10 $20 $30 $40 $50 $60 $70 $80 $90 $100
Original Budget
Actual
Customer Sales All Other 1
Electric Fund - Expenditures
$85,000,000
$80,000,000
$75,000,000
$70,000,000
$65,000,000
$60,000,000
$55,000,000
$50,000,000
$45,000,000
$40,000,000
$35,000,000
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
Power Supply & Electric Operating Div.
Interfund Services Debt Service General Fund Transfer All Other 2
Generation Exp.
Original Budget $77,032,800 9,868,500 4,371,600 1,441,900 10,000,000 2,710,400
Actual $4,354,620 828,287 341,302 116,788 833,333 199,924
Original Budget Actual
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Item #27.
Finance Department Monthly Report July 2024
City of Dover
Division Expense Summary (General Fund)
Fiscal Year to Date (July 2024)
Original Budget Actual % General Fund Divisions % of Budget
City Clerk $ 486,800 $ 44,322 9%
Council 266,500 24,558 9% Mayor
Fire 1,008,300 141,270 14% Human Resources
Grounds 1,788,500 96,925 5% Customer Services
Library 2,146,000 124,342 6%
Fleet Maintenance
Recreation 1,573,200 89,384 6%
Procurement & Inventory
Life Safety 1,222,500 33,728 3%
Code Enforcement 1,163,500 33,025 3% Engineering
Planning 898,800 30,813 3% Facilities Management
Public Inspections 767,400 47,308 6% Pub. Services Administration
Police 23,061,100 1,358,940 6% Finance
Police Extra Duty 405,000 37,678 9%
Information Technology
Streets 797,000 38,838 5%
Sanitation 3,140,600 79,430 3% City Manager
Stormwater 1,021,200 35,369 3% Stormwater
City Manager 1,279,000 70,878 6% Sanitation
Information Technology 920,500 139,823 15% Streets
Finance 1,009,900 61,122 6%
Police Extra Duty
Pub. Services Administration 670,700 39,478 6%
Police
Facilities Management 886,400 51,092 6%
Engineering 292,900 12,749 4% Public Inspections
Procurement & Inventory 958,600 68,482 7% Planning
Fleet Maintenance 1,081,400 78,191 7% Code Enforcement
Customer Services 1,456,800 100,262 7%
Life Safety
Human Resources 478,000 19,578 4%
Recreation
Mayor 304,600 7,958 3%
$ 49,085,200 $ 2,865,544 6% Library
Grounds
Fire
Council
City Clerk
0% 2% 4% 6% 8% 10% 12% 14% 16%
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Finance Department Monthly Report July 2024
Item #27.
City of Dover
Utilities Expenditure Summary
Fiscal Year to Date (July 2024)
Water Divison
Original Budget Actual %
Engineering & Inspection $ 425,700 $ 19,405 5%
Water Department 881,300 53,621 6%
Water Treatment Plant 3,201,500 156,180 5%
$ 4,508,500 $ 229,206 5%
Wastewater Divison
Original Budget Actual %
Engineering & Inspection $ 382,000 $ 9,236 2%
Wastewater Department 1,369,000 81,095 6%
$ 1,751,000 $ 90,331 5%
Electric Division
Original Budget Actual %
Transmission/Distribution $ 5,205,100 $ 318,599 6%
Electrical Engineering 1,937,000 139,112 7%
Administration 1,129,100 267,572 24%
Meter Reading 529,800 33,486 6%
Systems Operations 1,067,500 69,518 7%
$ 9,868,500 $ 828,287 8%
Page 167
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Finance Department Monthly Report July 2024
Item #27.
Water Division % of Budget
Water Treatment Plant
Water Department
Engineering & Inspection
0% 1% 2% 3% 4% 5% 6% 7%
Wastewater Division % of Budget
Wastewater Department
Engineering & Inspection
0% 1% 2% 3% 4% 5% 6% 7%
Electric Division % of Budget
Systems Operations
Meter Reading
Administration
Electrical Engineering
Transmission/Distribution
0% 5% 10% 15% 20% 25%
Page 168
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Finance Department Monthly Report July 2024
Item #27.
City of Dover
Capital Outlay Summary (All Funds)
Fiscal Year to Date (July 2024)
General Fund Original Budget Actual %
Fire $ 566,600 $ 39,662 7%
Police 1,488,100 - 0%
Streets 415,800 - 0%
Sanitation 739,000 - 0%
Stormwater 2,249,000 - 0%
Grounds 80,000 - 0%
Recreation 1,160,000 1,504 0%
Purchasing 820,000 69,802 9%
Information Technology 112,000 1,936 2%
General Fund Capital Projects $ 7,630,500 $ 112,903 1%
Water Fund
Water $ 3,456,700 $ 45,980 1%
Water Engineering 26,900 - 0%
Water Treatment Plant 885,000 71,767 7%
Water Fund Capital Projects $ 4,368,600 $ 117,747 3%
Wastewater Fund
Wastewater $ 1,691,100 $ - 0%
Wastewater Fund Capital Projects $ 1,691,100 $ - 0%
Electric Fund
Electric Generation $ 470,000 $ - 0%
Transmission/Distribution 3,090,000 30,935 1%
Electrical Engineering 3,986,000 55,480 1%
ERP System - 1,920 0%
Electric Fund Capital Projects $ 7,546,000 $ 88,335 1%
TOTAL CAPITAL PROJECTS $ 21,236,200 $ 318,985 2%
Page 169
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Finance Department Monthly Report July 2024
Item #27.
Capital Outlay - All Divisions
$4,500,000
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$-
Original Budget Actual
Capital Outlay - By Fund
$9,000,000
$8,000,000 $7,630,500 $7,546,000
$7,000,000
$6,000,000
$5,000,000
$4,368,600
$4,000,000
$3,000,000
$2,000,000 $1,691,100
$1,000,000
$112,903 $117,747 $- $88,335
$-
Original Budget Actual
General Fund Capital Projects Water Fund Capital Projects Wastewater Fund Electric Fund Capital Projects
Page 170
Page 16
Page 171
Item #28.
DOVER FIRE DEPARTMENT
June 2024
FIRE CHIEFS REPORT
Page 171
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Item #28.
Mayor and Council,
The Dover Fire Department responded to 141 calls in June, consisting of 804 personnel hours.
Members performed hours of training consisting of 488 personnel-hours.
Total Personnel hours for June 1292 hours.
Major incidents for June
Dover East Mobile Home Park - Propane tank relief valve activated crews on scene for
approximately 2 hours.
Wires and Pole Down from the result of a Moter Vehicle Accident North Dupont Highway and
Leipsic Road. The highway was shut down for several hours.
Motor Vehicle Accident with entrapment Halltown Road - Harty
Promotions
Drivers recently cleared
Eric Dawson, Jim Iannucci and Cliff Neidig are qualified on Tower 2.
Live-ins
We are currently taking applications to fill two live-in positions for Station 2.
Fire Administrative Manager
Mr. Jones has been working on policies for the dispatchers, he has been involved with the
Computer Aided Dispatch improvements and assisting with updating the Fire Department
Standard Operating Procedures.
The Fire Officers are working on an operational policy for electric vehicle fires. We have
also trained with DART on electric buses which transport through the city daily.
Duty Crews
Our Duty Crew program has been doing well. There are several days that we have been able to
staff two pieces of fire apparatus with our volunteer members.
Our goal is to staff the engine from Station 1 and a ladder from Station 2.
Officer Swearing in will be completed in July.
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Item #28.
(Live-in Program)
Currently we have six long-term Duty Crew members. These members live at the fire station
and staff fire apparatus 48 hours a week. We are just getting started with this program and so
far, it has been very successful with keeping at least one engine staffed overnight.
The Fire Chief attended:
Attended the City Council Meetings
Attended the Dover Fire Department Company Meeting
Attended the Dover Fire Department Board of Directors meeting
Attended the Kent County Fire Chiefs Meeting
Any questions or concerns, please contact me.
David Carey,
Fire Chief
Page 173
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Item #28.
Page 174
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Item #28.
Page 175
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Item #28.
Page 176
Page 177
Item #28.
DOVER FIRE DEPARTMENT
July 2024
FIRE CHIEFS REPORT
Page 177
Page 178
Item #28.
Mayor and Council,
The Dover Fire Department responded to 137 calls in July, consisting of 803 personnel
hours.
Members performed 24 hours of training consisting of 786 personnel-hours.
Total Personnel hours for the month of July- 1589 Personnel hours
Major Incidents
Apartment Fire - 22 Spruance Road Mapleton Square Apartments
Car into the Structure KFC on S Dupont Highway
Water Rescue St Jones River
Several members attended the Fireworks July 3rd at Bally’s and the July 4th fireworks and
Parade in Downtown Dover.
We would like to take a moment and Congratulate Tyler Heffington for Graduating the
Delaware State Fire School Accelerated Fire Academy, Chad Knotts on Graduating the
Wilmington Fire Academy, Troy Christiansen and Charlie Entenman for graduating the DC fire
Academy.
Chief Carey and President Osika met with Ambulnz regarding housing an Ambulance at Fire
Station 2 on the westside of Dover. With the membership's approval, an agreement was made
to temporarily house an ambulance at Fire Station 2. We have also arranged training between
the two agencies, building working relationships to better serve the citizens of Dover. Ambulnz
has been excellent to work with administratively and operationally.
Promotions
Drew Kuntzi qualified to drive Engine and Squad 1
Derrick Brode is qualified to drive Engines 1, 2, 4 and Squad 1.
Live ins
We are adjusting the live-in hours to 36 hours a week and requiring one day on the weekend a
month. While our live ins are staffing several hours more than required, we also do not want to
burn them out and realize that several of them work full time hours and need to have quality
time with their families and loved ones. We now have four live-ins assigned to Station 1 and
three live-ins assigned to Station 2.
The Fire Line officers from the mid-year election were sworn in by Mayor Christiansen on July
31st. If you should have any questions, please do not hesitate to contact me.
Thank you,
David Carey, Fire Chief
Page 178
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Item #28.
Page 179
Page 180
Item #28.
Page 180
Page 181
Item #28.
Page 181
Page 182
City of Dover Item #29.
Police Department
Monthly Report
July 2024
Page 182
Page 183
CITY OF DOVER DEPARTMENT OF POLICE Item #29.
400 SOUTH QUEEN STREET
DOVER, DELAWARE 19904
302-736-7111
Chief of Police Police Captains
THOMAS A. JOHNSON, JR. RANDY ROBBINS
Deputy Chief of Police PAUL KUNTZI
DAVID E. SPICER ROBERT E. ROSWELL
September 9, 2024
Honorable Robin Christiansen, Mayor
Members of Dover City Council
City Hall
Dover, DE 19901
Mayor Christiansen and Council Members:
The following is the monthly report of Dover Police Department activities for July:
COMPLAINTS/EVENTS
YTD Totals compiled through July numbered 27,559.
This represents an increase of 3,080 from the 24,479 reported over the same period in 2023.
30,000 27,559
23,655 24,479
25,000 22,571
18,903
20,000
15,000
10,000
5,000
0
2020 2021 2022 2023 2024
CRIMINAL INVESTIGATIONS
Burglary: 5 cases reported, 3 cases cleared and 1 case was cleared from previous months.
Robbery: 4 cases reported, 3 cases cleared and 0 cases was cleared from previous months.
Sex Assault: 4 cases reported, 2 case cleared and 0 cases was cleared from previous months.
Homicide: 0 cases reported, 0 cases cleared and 0 cases cleared from previous months.
There were 8 Non-Criminal Death Investigations, 8 cases cleared and 0 cases cleared from previous months.
1
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Item #29.
DRUG, VICE, & ORGANIZED CRIME / STREET CRIMES UNIT ENFORCEMENT
Marijuana: 255.3 grams seized
Cocaine: 214.5 grams seized
Ecstasy: 0 doses seized
Prescription Pills: 66 doses seized
Heroin: 72.182 grams seized
Methamphetamine: 2 grams seized
Fentanyl: 0 grams seized
Other Rx Drugs: 0 grams/doses seized
Drug Proceeds: $11,895 seized
FIREARM SEIZURES/INSIDE CITY LIMITS
15
10 8
5 2
0 0 0 0 0 0 0 0 0 0
0
CI DVOC/STREET CRIMES PATROL SEU
HANDGUN RIFLE SHOTGUN
Firearms: 10 Handguns
TRAFFIC ENFORCEMENT
YTD Citation Totals compiled through July numbered 2,659.
This represents a decrease of 1,792 from the 4,451 reported over the same period in 2023.
5,000
4,451
4,500 4,153
4,000 3,672
3,500
3,000 2,818
2,659
2,500
2,000
1,500
1,000
500
0
2019 2020 2021 2022 2023
TRAFFIC CRASHES: YTD = 1,137
2
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Item #29.
911 CENTER ACTIVITY
Total compiled during July numbered 8,262 calls.
This represents a increase of 183 from the 8,079 reported during the same period in 2023.
8,600
8,381
8,400
8,262
8,200
8,079
8,000
7,778
7,800
7,676
7,600
7,400
7,200
2020 2021 2022 2023 2024
CITY ORDINANCE SUMMONS
YTD Totals compiled through July numbered 1,004.
This represents a decrease of 338 from the 1,342 reported over the same period in 2023.
2,500 2,289 2,219
2,062
2,000
1,342
1,500
1,004
1,000 793 705
565
396 363
500
0
2020 2021 2022 2023 2024
ISSUED 2,062 2,289 2,219 1,342 1,004
PAID 793 565 396 705 363
3
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Item #29.
COMMUNITY POLICING
This proactive unit takes the lead on community engagement and supporting our community
organizations. They have administrative responsibilities and also support other departmental units,
such as patrol, during times of high work volumes or special operations with enforcement activities.
In addition to those duties, the unit accomplished the following in July:
Police Athletic League:
o Delivered the annual Youth Academy sessions from July 8th to the 14th
o Conducted the annual Day in their Boots event on July 18th at the Fire School
o Conducted the 5th annual Football Combine on July 20th
o Conducted CPR Training for 13 students at William Henry Middle School
o Coordinated basketball at both William Henry and Dover Middle Schools
Assisted with training of new Dover PD Cadets
Assisted with staffing for the PAL Youth Academy including K9 Roy
Traveled with the PAL Youth Academy to the Holocaust Museum in Washington DC
Assisted with staffing for the PAL Football Combine
Participated in a meeting with the HOA of The Grand community
CPU Supervisors participated in Mid-Level Leadership Training
Corporal Smith delivered an Active Shooter presentation at the Dover Credit Union
Corporal Smith delivered a Diversity Training Course to the Police Academy
Participated in the annual 4th of July Fireworks event
Visit to the Hope Streets Commission – 101 W. Loockerman St. w/ K9 Roy
Participated in recruiting efforts on multiple days at the Delaware State Fair
Community Response Vehicle: Visit to Persimmon Park Place (with K9 Roy)
Community Response Vehicle: Visit to DSU Downtown Campus (with K9 Roy)
Meeting with Mayor in reference to homeless individuals on business properties
Participated in Library Touch a Truck event at Schutte Park with K9 Roy
Participated in a planning meeting for Faith and Blue activities in October
Visit with the management of The Murphy School
Began preparations for the community Backyard BBQ in August at HQ
Supported City Inspections in preparation for upcoming action at 132 S. New Street
Supported City Inspections with enforcement action at the Kent Budget Inn
Conducted multiple, focused, property checks at Kent Budget Inn, Kent County Commerce
Building, Bradford & Division and New & Reed
Assisted Patrol Units during major incidents, high 911 call volume and/or low staffing
The BHU took the lead on 120 events and took official action to provide services to 38
people needing mental health support & 42 needing substance abuse referral. Some of the
field contacts needed both resources.
Members of the CPU attend numerous meetings with community associations and organizations as a
part of our ongoing liaison relationships.
POLICE ADVISORY BOARD
Just a reminder that the former Chiefs Advisory Committee is now the Police Advisory Board. It
meets 6 times a year – odd numbered months – and the minutes are posted on the city website.
4
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Item #29.
PROGRAMS AND INITIATIVES
The Police Chief’s Advisory Committee worked diligently on preparations to assume their role
as the City of Dover Police Advisory Board. During the first half of the month, the group
worked to prepare By-Laws and related start-up documents so the first meeting would go as
smoothly as possible. The first official meeting occurred on July 18th with Dr. Chanda Jackson
elected to the Chairperson role and Rev. Dr. Carol Boggerty chosen for Vice Chair. Meeting
minutes are available on the City website.
During the entire month of July, the Dover PD PAL delivered their annual roster of programs as
noted on the previous page. We extend congratulations to Corporal Smith and the entire
Community Policing Unit for another great success. We also offer appreciation to the agencies
that chose to help us with our summer season. They were extraordinary.
A candidate was identified for our vacant Animal Control Officer position. Mrs. Caitlyn Smith
was interviewed and accepted the position on July 15th. After completing the remaining pre-
employment screenings, we expect her to begin orientation is August.
A significant investment in recruiting was conducted at the Delaware State Fair in July.
Officers staffed a booth at the fairgrounds and made numerous citizen contacts over the course
of the event. The effectiveness will be evaluated to see if it warrants repeating in future years.
Dover PD met with the Office of Highway Safety to plan future grant-funded initiatives in Kent
County to fund community education and targeted enforcement efforts. The areas of concern
are aggressive driving and drug-related DUI.
The various units of the Department have begun planning activities for several upcoming events
including National Night Out (August), Prostitution Intervention (August), the PHISH concert
festival (August), Execution of special State funding provided through the Bond Bill and
Grant/Aid Bill (Fall), the Citizens Police Academy (September), Faith and Blue month,
(October) and our 100th Anniversary series (2025).
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
5
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ACTION FORM
Item #30.
PROCEEDING: City Council
DEPARTMENT OF ORIGIN: Human Resources DATE SUBMITTED: 09/04/2024
PREPARED BY: H. Naomi Poole
SUBJECT: IBEW Contract Corrections
REFERENCE: IBEW Contract Enclosed
RELATED PROJECT:
REVIEWED BY:
EXHIBITS: IBEW Contract Enclosed
EXPENDITURE REQUIRED: AMOUNT BUDGETED:
FUNDING SOURCE (Dept./Page in CIP & Budget):
TIMETABLE:
STAFF RECOMMENDATION: Approval
BACKGROUND AND ANALYSIS
It was recently discovered during a review of the IBEW contract that verbiage specific to progression within the
scale was incorrectly removed. The scale was also modified to coincide with this removal. It is the wish of
IBEW and the City to modify the contract to reenter this very important detail and to also modify the scale
accordingly to remain consistent. These changes incorporate consistent wording only and do not affect
numerical rates within the scale.
Paragraph Inclusion:
Scale Modification:
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Item #30.
AN AGREEMENT BETWEEN THE
INTERNATIONAL BROTHERHOOD OF ELECTRIC WORKERS
LOCAL 1238
AND THE
CITY OF DOVER, DELAWARE
July 1, 2024 – June 30, 2027
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Item #30.
TABLE OF CONTENTS
Article Title Page
PREAMBLE
1 PURPOSE OF THE AGREEMENT 1
2 RECOGNITION 1
3 MANAGEMENT 2
4 UNION REPRESENTATIVE 2
5 NOTICE BETWEEN THE UNION AND THE CITY 2
6 JOB POSTING, BID PROCEDURE AND SENIORITY 3
7 HOURS OF WORK 4
8 OVERTIME 5
9 HOLIDAY/PERSONAL DAYS 5
10 VACATION 6
11 SICK LEAVE/ATTENDANCE BONUS 6
12 BEREAVEMENT LEAVE 7
13 SHORT TERM DISABILITY 7
14 HEALTH CARE INSURANCE PAYMENTS 8
15 RETIREMENT HEALTH CARE 8
16 NO DISCRIMINATION 9
17 DURATION OF AGREEMENT 9
18 CONTRACTING OUT 9
19 PERSONNEL RULES 10
20 GRIEVANCE PROCEDURE 12
21 REDUCTION IN FORCE 13
22 SENIORITY 14
23 REST PERIODS (BREAK) 14
24 STRIKE CLAUSE 15
25 UNION DUES 15
26 DISCIPLINE 16
27 SALARIES 17
28 SHIFT DIFFERENTIAL PAY 18
29 VACATION SELL BACK 18
30 COST OF LIVING INCREMENT 19
31 SAFETY 19
32 SAFETY EQUIPMENT AND CLOTHING 19
33 WEATHER EMERGENCY 20
34 GPS 21
35 MATTERS NOT EXPRESSLY COVERED 21
36 SEVERABILITY 21
37 FUNDING 21
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Item #30.
TABLE OF CONTENTS – Continued
Article Title Page
38 SUCCESSOR CLAUSE 21
39 ZIPPER 22
40 DIRECT DEPOSIT 22
41 MOTOR VEHICLE RECORD 22
42 401a MONEY PURCHASE PLAN 25
43 PENSION/RETIREMENT PLANS 26
MEMORANDUM OF UNDERSTANDING –
FIRE RETARDANT CLOTHING 28
APPENDIX A SALARY SCALES 29
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Item #30.
AGREEMENT
This AGREEMENT, made and entered into this day of 2024, by and between the
CITY OF DOVER, a municipal Corporation of the State of Delaware, hereinafter referred to as the “CITY”
or as the “EMPLOYER,” and the INTERNATIONAL BROTHERHOOD of ELECTRICAL
WORKERS Local 1238, hereinafter referred to as the “UNION” or as the “EMPLOYEES.”
WITNESSETH:
WHEREAS, it is the intent and purpose of the parties to set forth herein their entire Agreement covering
rates of pay; wages, hours of employment and other conditions of employment; to promote the efficiency,
safety and productivity of the employees in the Electric Department; and to provide for prompt and fair
settlement of the grievances without any interruption of or other interference with the operation of the CITY
or Electric Department.
NOW, THEREFORE, in consideration of the mutual agreements herein contained, the parties do mutually
agree as follows:
1. PURPOSE OF THE AGREEMENT:
Both parties mutually agree that their objective is for the good and welfare of the CITY and UNION members
alike. Both parties further agree that in the interest of collective bargaining and harmonious relations they will
at all times abide by the terms and conditions as hereinafter set forth and agreed upon.
The collective bargaining agreement will be provided in electronic format to the IBEW.
2. RECOGNITION:
Section 1. The CITY recognizes the INTERNATIONAL BROTHERHOOD of ELECTRICAL
WORKERS Local 1238 as the exclusive bargaining representative of the unit certified by the State of Delaware
Department of Labor, Division of Industrial Affairs, under Chapter 13, Title 19, Delaware Code under case
199. Included in such recognition are all full-time and part-time employees who work twenty (20) hours or
more per week employed by the City of Dover Electric Department included in the job classifications as set
forth in Appendix A. Excluded from representation are all Confidential, Professional, Supervisory or
Managerial employees; Temporary employees, and Part-time employees who are regularly scheduled to work
less than twenty (20) hours per week, or who are not permanently employed.
Section 2. The job classifications of Appendix A are based upon the manner in which such jobs have been
performed, and shall remain in effect until necessity of change shall arise. Should the City decide to make
changes in these job classifications, the City will write up the changes, conduct a point factor analysis and
assign the job to the proper pay grade.
The City will discuss with the Union such changes in advance of implementation. When changed, salary grade
assignments may be grieved.
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Item #30.
3. MANAGEMENT
The management of the City of Dover Electric Department and the direction of all departmental personnel,
including the right to hire, assign, set standards, suspend, transfer, promote, discharge, or discipline, for
violation of the Rules and Regulations of the Department, duly promulgated, providing for such discipline,
and to maintain the discipline and efficiency of its members: the right to determine the manner of operation,
and to change the methods or processes, or to use new equipment; the right to establish schedules; to
introduce new or improved methods of operation; and to extend, limit, or curtail its operations, is vested
exclusively in the City Manager. The above statement of management functions shall not be deemed to exclude
other functions not listed herein. In no case shall the exercise of the above prerogatives of management be in
derogation of the terms and conditions of this Agreement or of State Law.
For the purpose of the implementation of any provision of this Agreement wherein the authority is vested in
the City Manager, the City Manager may designate any member of his Staff to act in his behalf.
4. UNION REPRESENTATIVES
A written list of the Union Representatives shall be furnished to the employer immediately after their
designation and the Union shall notify the employer of any changes in the list which occur from time to time.
5. NOTICE BETWEEN THE UNION AND THE CITY
Notices hereunder shall be deemed to have been adequately given if served by certified mail upon the persons
named below at the address indicated unless otherwise notified in writing.
Notice to the Union shall be addressed to:
IBEW- Local 1238
410 Larch Circle
Wilmington DE 19804
Notice to the City shall be addressed to:
City Manager
City of Dover, P.O. Box 475
Dover, Delaware 19903-0475
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Item #30.
6. JOB POSTING, BID PROCEDURE AND SENIORITY
Section 1. When the City determines to fill vacancies in any of the represented positions, the City agrees to
post such vacancies in accordance with the City Policy. The Human Resources Director, or his/her designee
shall forward copies of the postings to the Union Business Manager.
For entry level positions, (for example, Electrician I, Electric Meter Technician I, etc.) the City will recruit
following the City Policy. For recruitments considered progression, (for example, Groundworker to Lineman
3rd Class or Substation Technician II to Substation Technician Crew Leader) recruitment will be conducted
internally to current members of the unit.
Section 3. When a current member is the successful bidder into another position, he or she shall be transferred
no later than six (6) weeks after notification of their acceptance. Their wage progression shall commence on
the first day of actual transfer.
Section 4. An employee who is promoted shall be given a reasonable trial period, not to exceed six (6) months
in which it shall be determined whether or not they can meet, or in the opinion of the City, can be reasonably
expected to meet the job requirements.
During this period, they shall receive adequate instruction and training on the job, and will be regularly
appraised in an informal manner of their progress. Any employee failing to meet the job requirements within
this period shall be reassigned to their original classification from which they were promoted and shall
immediately resume their wage rate and seniority they would have been entitled to if they had never left.
Before any reassignment is made or if problems should occur, the division head shall discuss the matter with
the employee and the Union Steward if the employee so desires. Any employee who may have been promoted,
hired, or transferred as a result of the vacancy of the original job, may be demoted, terminated (if hired as a
result of the original posting) or transferred back to their original classification and shall resume their wage
rate and seniority they would have been entitled to if they had never left or been hired.
Section 5. While it is the intent of the City to maintain employees in their assigned classifications, the City may
find it necessary to temporarily transfer employees to other positions to assure the orderly performance and
continuity of municipal service.
Temporary transfers may be required for the following:
1. A position is vacant and is scheduled to be filled.
2. A position is temporarily vacant because of extended sick leave, workers compensation injury, or
other extended leave.
3. Short term changes in the balance of the number of workers required in each classification in
order to meet customer expectations and equipment needs.
An employee temporarily assigned to an equal or lower classification shall receive their normal rate of pay
while so assigned.
An employee temporarily transferred to a higher classification will receive a temporary upgrade of at least 5%
in pay after 30 continuous days or 45 days in any 90-day period. Should there be another occasion of an
upgrade to the same classification in a 12-month period, the temporary upgrade in pay will take place after 10
days.
Section 6. During assignments to other classifications for the purpose of familiarization and training for the
potential of future promotions, the employee’s rate of pay shall remain unchanged.
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Item #30.
7. HOURS OF WORK
Section 1. The basic work week shall consist of five (5) days per week from Monday through Friday inclusive.
Eight hours per day and forty hours per week shall constitute the normal work week. While it is the intent of
the City to maintain a normal schedule of weekly employment, this statement shall not be considered a
guarantee of any minimum hours of work, or as a limitation of the number of hours which the city may
reasonably require an employee to work if the conditions necessitate additional hours of work.
Nothing contained herein shall be construed as preventing the restructuring of the normal work day or work
week as deemed necessary to provide service. This may include flex hours for an individual or ten-hour day,
four days per week, with consecutive days off work. Except in emergency cases, should such changes be
necessary, the City agrees to meet and discuss with the Union any changes in the work schedules of employees
prior to implementation.
Section 2. A Shift employee is hereby jointly defined as an employee who works at a job which is operated on
a rotating twenty-four (24) hour per day, seven day a week basis, including holidays.
A scheduled employee is defined as one who is assigned to work of a regular or recurring nature requiring in
varying degrees work during the day or night which may include Saturdays, Sundays, and holidays.
All other employees not included under the definition of shift and scheduled employee as described above
are assigned to work daytime hours on Monday through Friday, inclusive.
Section 3. A part-time employee is hereby defined as an employee who is scheduled to work twenty (20) hours
or more per week, but less than the basic work week.
A temporary employee is defined as one who is employed with the understanding that their employment is
for a limited period of time, not to exceed six (6) months. This period may be extended by mutual agreement
between the City and the Union. If a temporary employee is hired as a probationary employee, their seniority
shall date from the time that they begin probationary employment with the City. The use of part-time or
temporary employees shall not cause a reduction in the basic work week for full time employees.
Section 4. In the event that it becomes necessary to fill scheduled positions in a classification, the City agrees
to offer the scheduled positions to all qualified employees by seniority. If the City is unable to obtain the
necessary number of employees voluntarily to fill scheduled positions, assignment of qualified employees
shall be by inverse order of seniority.
The number of scheduled employees and the number of scheduled employees assigned to work on Sundays
and holidays shall be kept to a minimum.
It is understood and agreed that employees who are not hired as shift employees as described herein, shall not
be made shift employees unless mutually agreed to by the City and the Union. Should it be determined that
there is no other reasonable alternative, the same provisions above filling scheduled positions shall apply.
Section 5. It is not the intent to require an employee to work more than 16 hours without an 8-hour rest
period, provided relief is available.
Section 6. An employee in the T & D Division on standby assignment shall be provided an appropriate
vehicle to take home during their standby assignment, within accepted current practices and areas.
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Item #30.
8. OVERTIME
The City shall provide additional compensation to employees for hours worked in excess of the regularly
scheduled working hours, if the employees are on the hourly or office payroll. Eligible employees shall be paid
time and one-half (1 ½) their regular straight time rate for hours worked in excess of eight (8) hours in the
same work day or forty (40) hours in the same work week. No pyramiding of overtime will be permitted (i.e.
there shall not be payment of more than one premium rate for the same hours of overtime.)
For the purpose of computing overtime pay, time spent on holidays, earned sick leave, and earned vacation
time shall be considered as hours worked by employees required to work scheduled overtime except that any
sick leave time, to be counted toward overtime, must be excused.
Lost time due to general leave, personal business, unexcused absence and lateness shall not be considered as
hours worked. Hours worked on a City recognized holiday shall be paid at time and one-half (1 ½) in addition
to the holiday pay received.
All overtime must be authorized by the Department Manager prior to working overtime hours except in the
case of an emergency at which time the overtime may be authorized by the employee’s supervisor and the
employee’s time record must be initialed by the Department Manager prior to being submitted to the payroll
department.
9. HOLIDAYS/PERSONAL DAYS
A. Holidays
The following days shall be considered to be paid holidays;
New Year’s Day Labor Day
Memorial Day Thanksgiving Day
Juneteenth Christmas Day
Independence Day
When a holiday falls on a Saturday, a paid holiday is granted on Friday; when a holiday falls on a Sunday, a
paid holiday is granted on Monday. All permanent employees shall receive a normal day’s pay for each of the
recognized holidays effective with their hire date even when they do not work on such holidays.
Employees who are required to work on a holiday shall receive holiday pay plus pay at one and one-half (1
½) the regular rate for actual hours worked. An employee who is on an authorized vacation during a holiday
period shall not be charged a vacation day for the holiday. In all other cases, to receive holiday pay an employee
must have worked the regularly scheduled work day before and after the holiday, or have been on an excused
paid absence. Holidays are counted as hours worked for payroll purposes.
B. Personal Days
Full time employees, who are on the payroll on January 1 of each year, shall be credited with six (6) personal
days available for use on January 1 of each year, and posted to the first pay remittance following January 16th.
Newly hired probationary full-time employees will receive personal days at the rate of one-half (1/2) day per
month for the remainder of the calendar year of the first year of their employment. Personal time may be 5
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Item #30.
taken as earned or carried over into the next calendar year only during this first year of employment. The month
in which the employee is hired shall count toward calculating the number of months remaining in the calendar
year providing the employee was hired prior to the sixteenth (16th) of the month.
Personal days shall be requested at least forty-eight (48) hours in advance, except in the case of an emergency,
and are subject to the reasonable scheduling needs of the City.
Except as provided above for newly hired probationary full-time employees, personal days cannot be carried
over to the following year. In addition, personal time cannot be used as terminal leave, nor sold back to the City
as unused leave.
10. VACATION
Employees with less than six (6) months of service will accrue one (1) day per month vacation credited upon successful
completion of six (6) months of employment after which vacation shall be accrued as follows:
6 months to 5 years 10 hours per completed month (15 days per year)
5 years to 10 years 14 hours per completed month (21 days per year)
10 years to 15 years 16 hours per completed month (24 days per year)
15 years to 20 years 18 hours per completed month (27 days per year)
20 years and over 20 hours per completed month (30 days per year)
For the purposes of this section a completed month is any month an employee works or is on leave with pay
at least half the work days.
An employee may not carry over more than one year’s accumulated vacation time to the next calendar year.
Methods of requesting and computing vacation pay, accumulation and carry over of vacation days, severance
pay, City recognized holidays during vacation, leaves of absences and termination shall be as currently in effect
and described in the City master vacation plan. All vacations shall be scheduled with due consideration being
given to the employee’s personal desires, length of service, the efficient operation of the Electric Department
and the Supervisor’s approval.
11. SICK LEAVE/ ATTENDANCE BONUS
A. Sick leave shall be the same as established by Article 19 of the CBA except otherwise provided herein. Sick
leave shall be accumulated at the rate of one (1) day per month January through November or eleven (11)
days per completed year of service for full time permanent and probationary employees. Employees are
permitted an unlimited accrual of sick leave. Sick leave shall be granted to employees for the well-care of
immediate family residing in the employee’s principal place of residence. This use of sick leave may require
verification by the City from the first hour used as deemed appropriate by the
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Item #30.
Department Head. In expanding the reasons for the use of sick time, the City has not changed its standards
for attendance at work. Excessive absenteeism, tardiness, or the abuse of sick leave will continue to be just
cause for progressive disciplinary action.
B. For the purpose of this section, sick leave shall be earned in any month when an employee shall have
worked or shall have been on leave with pay for at least one-half (½) the workdays.
12. BEREAVEMENT LEAVE
Bereavement leave shall be granted to all regular employees and probationary employees who are regularly
scheduled to work 20 hours or more per week and who experience a death of a member of the employee’s
immediate family. Upon request, the employee maybe granted up to three (3) working days leave with pay. If
the funeral is more than four hundred (400) miles from the City of Dover, the employee shall be granted up
to five (5) working days, with pay, not charged to any leave balance, to arrange for and/or attend the funeral
service or related matters. An employee may request additional time beyond the time provided. The City
Manager may grant such additional time to be charged against the employee’s sick leave.
Immediate family is defined for the purpose of this section as spouse, mother, father, guardian,
children, sister, brother, grandparents, grandchildren plus the various combinations of half, step, in-
law and adopted relationships that can be derived from those named, in addition to significant other
if not married or separated from spouse, and any relative living with the employee.
The City reserves the right to request verification of the relationship and funeral location.
Hours granted as bereavement time shall be counted as hours worked for purposes of computing overtime
and shall not be charged as vacation leave if such occurs while the employee is on vacation.
13. SHORT TERM DISABILITY
Sickness: The employee is entitled to up to fifty-two (52) weeks of short-term disability coverage. There is an
initial waiting period of 7 calendar days following the onset of an illness. During this 7 day period no benefits
are paid. The 7 day waiting period counts towards the 52 weeks.
Off Duty Accident: There is no waiting period following an off duty accident. The employee is entitled to
up to fifty-two (52) weeks of short-term disability payments.
The group life, accidental death and dismemberment, and off-the-job accident and sickness insurance
policies are provided by the insurance carrier. The insurance carrier is responsible for all decisions and
management of the plans.
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Item #30.
14. HEALTH CARE INSURANCE PAYMENTS
A. The City hereby has the authority to change the insurance carrier, after discussion with the Union, provided
such change results in a plan of equal or better benefits. The City has the final decision of insurance carrier
and plan design.
Effective July 1, 2024, the City will contribute 85% towards the total monthly health care premium, regardless
of plan or tier (individual, child(ren), spouse, family) selection. The employee will be responsible for the
remaining 15% of the total monthly health care premium.
B. Dental Plan: The City agrees to sponsor an optional, employee paid, group dental plan.
C. Eye Care Plan: The City will provide a $10 deductible eye care plan for employees. This will be an insured
plan and is subject to the terms of the plan sponsor. This benefit is available to all IBEW full time
employees. Employees who are assigned to positions which require safety glasses for work are to specify
safety eye wear with side shields when purchasing glasses to be worn at work.
15. RETIREMENT HEALTH CARE
The City shall provide retirement health coverage for those employees who retire directly from the City with
unreduced pension payments subject to the following:
For the City employee/retiree hired before July 1, 2014, the City will pay 100% of the individual retiree
premium. For the City employee/retiree hired on or after July 1, 2014, the City will pay 80% of the individual
retiree monthly premium. The employee/retiree will pay the remaining 20% of the individual monthly
premium.
For retirees whose start date is prior to July 1, 1986, the City will pay 75% of the cost of insurance for
dependents.
For those employees/retirees whose start date is July 1, 1986 or after, the City shall not pay any amount of
dependent insurance. However, upon retirement these employees may purchase dependent coverage under
the City’s plan at group rates at their own expense.
A person who enrolls in the 401 pension option will have the same retirement health care and terminal leave
options as granted to employees in the regular retirement plan.
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Item #30.
16. NO DISCRIMINATION
The parties to this Agreement agree that they shall not discriminate against any person because of race, color,
religion, gender, sexual orientation, marital status, genetic information, age, national origin or status as disabled
employee as described by the Americans with Disabilities Act, or as a Veteran. Furthermore, there shall be no
discrimination, interference, restraint, or coercion by the City or any of its agents against any employee because
of their membership in the Union or because of any lawful activities on behalf of the Union and such persons
shall receive the full protection of this Agreement.
17. DURATION OF AGREEMENT
This Agreement, subject to the approval of the IBEW International President, shall not be limited nor
qualified unless by mutual written consent and shall become effective on July 1, 2024 unless approved later
by City Council. The Council deliberations shall take place only after this Agreement has been finally approved
by the Union. IBEW and City Council must approve the agreement. Further, this agreement shall continue in
effect until the agreed upon expiration date, which is June 30, 2027, and from year to year thereafter unless
either party notifies the other of its desire to amend or terminate the Agreement not less than sixty (60) days
and no more than one hundred eighty (180) days prior to the contract expiration date.
Changes in this Agreement may be made at any time by mutual written consent.
18. CONTRACTING OUT
If the City finds that it should be necessary to employ outside contractors for work of the type customarily
performed by the employees of the City, no such work will be contracted out if it results in the loss of regular
employment for the City employees who customarily do this work. The City agrees to inform the Union when
it is soliciting such contracts by sealed bid.
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19. PERSONNEL RULES
The personnel rules listed below shall become part of this Agreement and shall remain unchanged for the life
of this Agreement. Wherever the specifics of this contract and the personnel rules would appear to be in
conflict, the contract language shall apply.
1. Pay rates in promotion, demotion, transfer, reclassification and upgrading
2. On call pay will be modified herein: The minimum two hour “call-out” pay shall not apply if an
employee is called into work within one (1) hour before the employee’s normal starting time and the
employee continues working into the normal shift. In this situation, the employee shall only receive
one hour on-call compensation.
3. Call back pay
4. Outside employment
5. Incompatible activities
6. Effect of Work on Holidays or Unscheduled Workdays on Other Types of Leave
7. Vacation Leave
8. Vacation leave – Final Pay and Repayment of Vacation Leave
9. Vacation Leave – Payment of Accumulated Vacation Leave upon Death
10. Sick Leave – Physician’s Certificate
11. Sick Leave – Retirement Credit for Accumulated Sick Leave
Terminal Leave will be modified herein: Employees as of October 31, 2013 whose sick time balance exceeds
800 hours, will be paid for the hours in excess of 800 hours up to a maximum payment of 400 hours at the
October 31, 2013 rate of pay. Payment will be made one month from ratification of the contract by the
IBEW and approval by the City Council, or one month from contract signing, whichever occurs earliest.
Employees hired before July 1, 2013 will be permitted to sell back up to 100 days of sick leave upon retirement.
Employees hired on or after July 1, 2013 will be permitted to sell back up to 75 days of sick leave upon
retirement.
12. Sick Leave Termination
13. Limited Leave Without Pay - Policy
14. Extended Leave Without Pay –Policy
15. Extended Leave Without Pay – Retention and Continuation of Benefits
16. Worker’s Compensation Leave
17. Terminal Leave will be modified herein: Employees hired before July 1, 2013 will be permitted to
use up to 100 days of sick leave for terminal leave. Employees hired on or after July 1, 2013 will be
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Item #30.
permitted to use up to 75 days of sick leave for terminal leave. During terminal leave, holidays are
not recognized. An employee will be required to use accumulated leave for the holiday.
18. Military Leave
19. Civil Leave
20. Limited Education Leave With Pay
21. Extended Education Leave With Pay
22. Insurance Benefits
23. Retirement Benefits
24. Worker’s Compensation Benefits
25. Substance Abuse Policy
26. Longevity Pay (where appropriate)
27. Reinstatement
28. Disability (Article XVII Section 1(d) of the handbook)
If the City changes any of the remaining Personnel Rules, it shall provide adequate advance written notice to
the Union.
All hours will be recorded in fifteen (15) minute increments once all of the City of Dover employee
organizations agree to this change.
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Item #30.
20. GRIEVANCE PROCEDURE:
Section 1. A grievance is hereby defined as a controversy, complaint, interpretation of, or dispute of the
expressed terms or provisions of this agreement. Should any grievances arise between the City and the Union
or its members, both parties shall endeavor to settle same in the simplest and most direct manner.
a) First Step- A grievance shall be filed with the City in writing stating the issue in dispute, section of the
agreement violated, and the name of the grievant within fifteen (15) workings days from the date the
aggrieved employee and/or the Union had become aware of or had knowledge of the alleged violation
in dispute. A six (6) month time limit shall apply in the case of an alleged wage violation. The procedure
shall be as follows unless any step, with exception of the Fifth Step, is waived or combined by mutual
consent.
The Union steward and the aggrieved employee shall take up the grievance with the aggrieved
employee’s immediate supervisor. If the Union is dissatisfied with the immediate supervisor’s decision,
which shall be rendered in writing within five (5) days, then the grievance shall be submitted to the
employee’s division head for the Second Step within fifteen (15) working days of the immediate
supervisor’s decision.
b) Second Step- To be held between the Grievance Committee of the local Union, not to exceed three
(3) members, one of which must be the grievant, and the Business Manager or his designee, and the
employee’s division head and the employee’s immediate supervisor within ten (10) workings days of
the City’s notification of the First Step appeal from the Union. The division head will render a written
decision within ten (10) working days of the Second Step meeting date to the grievant, Shop Steward,
and the Business Manager. If the Union is dissatisfied with the decision, the issue shall be referred to
the Electric Director for the Third Step within fifteen (15) working days following the receipt of the
division head’s written decision.
c) Third Step- To be held between the Grievance Committee of the local Union, not to exceed three
(3) members, one of which must be the grievant, and the Business Manager or his designee, the
employee’s immediate supervisor and/or division head, and the Electric Director or his designee
within ten (10) working days of the City’s notification of the Second Step appeal from the Union. If
a designee is utilized by the Electric Director, he or she cannot have been a member of the City
Committee at a prior step. The city will render a written decision within ten (10) working days of the
Third Step meeting date to the grievant, Shop Steward, and the Business Manager.
d) If the Union is dissatisfied with the City’s decision, the grievance shall be submitted to the City
Manager for the Fourth Step within fifteen (15) working days following the Union’s receipt of the
City’s written decision.
e) Fourth Step - To be held between the Grievance Committee of the local Union, not to exceed three
(3) members, one of which may be the grievant if he/she so chooses, and the Business Manager, or
his designee, and the City Committee, including the City Manager, and any additional persons deemed
by the City Manager to be necessary to effectuate a resolution of the grievances. An International
Representative of the IBEW may also be present. The Fourth Step shall be held within twenty (20)
workings days of the City being notified of the Third Step appeal by the Union. The City Manager
shall render a written decision within ten (10) workings days of the Fourth Step meeting date, and
communicate it to the Business Manager, Shop Steward, and Grievant.
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f) Fifth Step – If the Union is dissatisfied with the City Manager’s decision, it may submit the grievance
to the Federal Mediation and Conciliation Service (F.M.C.S.) within ten (10) working days of the
completion of Step Four. Any grievance submitted to the F.M.C.S. but shall not be legally binding on
the parties to this Agreement.
g) Each party shall be responsible for any costs of witnesses, attorneys, or other persons who may attend
the proceeding.
h) Sixth Step – After the foregoing procedures have been carried out, it is understood that the aggrieved
party/Union shall have the right to submit the controversy to a court of competent jurisdiction. \
Section 2. All meetings referred to in Steps 2, 3, 4 and 5 shall be scheduled during normal business hours (7
A.M. to 5 P.M. Monday through Friday.) Grievances presented during normal working hours shall not exceed
one (1) hour duration. Should a grievance need to be presented on an employee(s) shift outside of the normal
working hours of the City, the employee(s) shall not lose pay. Forms used for the processing of grievances
shall be provided by the Union and approved by the City.
Section 3. Should an employee be suspended or discharged, he shall be entitled to a hearing, starting with the
Third Step as described above, and the case shall be processed promptly.
Section 4. The time periods set forth in Section 1 above are of the essence of this agreement and are essential
to the proper handling and settlement of grievances. Therefore, these time limits can be extended only by a
written agreement between the City and the Union. A grievance that is not timely filed in accordance with the
time limits set forth in Steps 1 through 5, shall be considered void.
If the City fails to respond in accordance with the time limits set forth in Steps 1 through 5, the Union may
appeal it to the next step.
21. REDUCTION IN FORCE
In the event that it becomes necessary to layoff forces in any classification, seniority shall govern. The City
shall notify the Union Business Manager of reasons, in writing, with at least two (2) weeks’ notice prior to
laying-off regular employees. Starting in the classifications in which the surplus exists, layoffs will begin with
those employees having the least seniority. In the events that the city finds it necessary to reduce forces, the
following shall apply:
a) The City has the sole right to determine if a vacancy exists in any other department or if additional
personnel are needed or can be efficiently occupied, and the designation and classification of the job
to which an employee can be transferred.
b) The Union agrees to waive the posting procedure and will oppose no reasonable transfer of an
employee from the curtailed department to another department.
c) The transferred employee shall be given reasonable and sufficient instructions and training in which
to qualify for a job.
d) During the qualifying period, the employee will be reviewed, counseled and instructed of their progress
in the job.
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e) Should the employee fail to meet the requirements of the job and disqualify, he shall be reassigned to
the classification from which he was transferred for further personnel disposition.
f) The employee shall assume the rate of pay for the job to which transferred.
g) When additional employees are needed in a classification. The regular employees who have been laid
off or transferred out of that classification within a one (1) year period, due to lack of work, shall be
offered the jobs before they are filled by promotion or transfer of employees with less seniority, or by
the hiring of new employees. A notification shall be sent to them by registered mail, to the latest
mailing address supplied to the City, and copies of the notification shall be forwarded to the Union
Business Manager. The City shall be notified within five (5) working days after receipt of the notice
by the former employee of their desire to accept the offer of the job and the former employee will
start work not later than three (3) weeks after the receipt of the notice. Should the employee fail to
respond or report, they will be dropped from the City employment rolls.
22. SENIORITY
Seniority is defined as the length of continuous service with the City beginning with the date of last continuous
employment with the City, and shall not be interrupted by layoffs of one (1) year or less, authorized leaves of
absence, or absences due to military service, sickness or accident. When employees have equal seniority, the
employee with the lowest employee identification number shall be senior.
All new employees, except those returning under the first paragraph of this section, shall be considered
probationary employees and must complete a probationary period of six (6) months.
Upon completion of said period, such employees shall enjoy seniority status from the date of last hiring. Such
an employee shall have no seniority rights during this probationary period. And may be disciplined or
terminated during this period at sole discretion of the City and not subject to the grievance procedure. The
rate of pay during such probationary employment shall not be less than the minimum rate of pay for the
employee’s classification in the wage schedule.
23. REST PERIODS (BREAK)
Section 1. The City authorizes two fifteen-minute breaks per normal workday in addition to lunch hour or
lunch one half-hour, depending upon the area worked in. These fifteen-minute breaks should not be abused
and must be taken at a time that will not disrupt the operation of the job function. The supervisor shall have
the authority to assign a break time if necessary, as well as lunch period.
Section 2. Employees who have worked overtime shall not be given time off without pay on regularly
scheduled workdays to equalize overtime.
An employee who has worked more than sixteen (16) hours without rest shall be entitled to an eight (8)
hour rest period before he/she returns to work. If the rest period extends into his/her scheduled basic five
(5) day workweek, he/she shall lose no time thereby.
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When an employee is called out and works three (3) or more hours of the eight (8) hour period immediately
preceding his/her regularly scheduled starting time, or if an employee worked a scheduled period of time of
three (3) hours or greater of the eight (8) hour period prior to the start of their regularly scheduled time,
he/she shall be allowed a rest period at the beginning of his/her regularly scheduled workday equal to the
hours worked in the eight (8) hour period. The employee will suffer no loss of pay for the above rest period.
Should the time worked continue straight through to the starting time of his/her scheduled day, the rest period
shall be scheduled for the end of the day.
24. STRIKE CLAUSE
It is agreed that during the term of this Agreement neither the Union, its officers, or its members shall instigate,
call, sanction, condone or participate in any strike, slow-down, picket, stoppage of work, boycott, willful
interference with production, transportation or distribution against the City. The foregoing shall not be applied
in such manner as to infringe on employees’ rights of free speech and assembly.
Any employees participating in the foregoing practice will be subject to discipline, the discipline may include
discharge. The previous sentence is recited in this Agreement at the City’s request and it is not intended by
the Union to abandon any rights to assert a grievance in any particular case in which the City were to invoke
such disciplinary action.
25. UNION DUES
Section 1. Employees with seniority dates prior to December 14, 1992 may choose to pay or not pay dues.
Employees with seniority dates on or after December 14, 1992 shall, as a condition of employment, and after
the thirty-first (31st) day of employment, be required to become a member of the Union or pay fair share fee
as detailed here or in Section 2. The City shall deduct the amount as designated by the Union upon receipt of
a signed authorization card or fair share agreement. The City shall forward the amount deducted monthly to
the Financial Secretary of the Union no later than the seventh (7th) day of each calendar month following the
month of the deduction.
Section 2. Fair Share Employees hired on or after December 14, 1992 who are not members of the Union
shall, commencing thirty-one (31) days after their employment, pay a fair share fee to the Union collective
bargaining and contract administration services rendered by the Union as the exclusive representative of the
employees covered by this Agreement, provided said fair share fee shall not exceed the dues attributable to
being a member of the Union.
Such fair share fees shall be deducted by the City from the earnings of non-members and remitted to the
Union with the same frequency and in the same fashion as dues payments.
The Union shall periodically submit to the City a list of the employees covered by this Agreement who are
not members of the Union and an affidavit which specifies the amount of the fair share fee. The amount of
the fair share fee shall not include any contributions related to the election or support of any candidate for
political office or for any member-only benefit. The fair share fee should be uniform for each employee subject
to the obligation to pay a fair share fee. The Union may change the fixed uniform dollar amount that will be
considered the regular monthly fair share fee once each calendar year during the life of this
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Agreement. The Union will give the City thirty (30) days’ notice of any such change in the amount of the
fair share fee.
The Union agrees to assume full responsibility to insure full compliance with the requirements laid down by
the United States Supreme Court in Chicago Teachers Union v. Hudson, 106 S. Ct. 1066 (1986), with respect
to the constitutional rights of fair share fee payors. Accordingly, the Union agrees to do the following:
1. Give timely notice to fair share fee payors of the amount of the fee and an explanation of the basis
for the fee, including the major categories of the expenses, as well as verification of the same by an
independent auditor.
2. Advise fair share payors of an expeditious and impartial decision-making process whereby fair share
payors can object to the amount of fair share fee.
3. Place the amount reasonably in dispute into an escrow account pending resolution of any objection
raised by fair share fee payors to the amount of the fair share fee.
4. The above procedures shall be in accordance with the IBEW “Agency Fee Payor Objection Plan” as
approved by the U.S. Department of Labor, in compliance with the U.S. Supreme Court requirements
of the most recent Beck decision.
It is specifically agreed that any dispute concerning the amount of the fair share fee and/or responsibilities of
the Union with respect to fair share fee payors as set forth above shall not be subject to the grievance
procedures set forth in this Agreement
Non-members who object to this fair share fee based upon bona fide religious tenets or teachings shall pay
an amount equal to such fair share fee to a non-religious charitable organization mutually agreed upon by the
employee and the Union. If the affected member and the Union are unable to reach agreement on the
organization, the organization shall be selected by the affected non-member from an approved list of
charitable organizations and the payment shall be made to said organization.
Section 3 Union Indemnification. The Union shall indemnify, defend and hold harmless the City and its
officials, representatives and agents against any and all claims, demands, suits or other forms of liability
(monetary and otherwise) and for all reasonable legal costs that shall arise out of or by reason of actions taken
or not taken by the City in complying with the provisions of this Article. If an improper deduction is made,
the Union shall refund directly to the employee and such amount (not to exceed two months’ dues.)
26. DISCIPLINE
The City agrees with the tenets of progressive and corrective discipline, including “just cause” where
appropriate. An employee may be disciplined by oral warning, warning slip, suspended, demoted or dismissed
based on serious or frequency of an infraction of “failure in performance of duties” or “failure in personal
conduct” as each is currently defined in the employee handbook.
An employee who is disciplined under “failure in performance of duties” who corrects the behavior leading
to the discipline and there is no subsequent discipline for a period of 18 months the previous discipline shall
become null and void and the disciplinary procedure shall start over again in the event of a further infraction.
Discipline for “failure in personal conduct” remains active.
The Union Steward shall be notified of the reason for disciplinary action, demotion or discharge of employees.
Any objection shall be handled through the grievance procedure as described herein.
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27. SALARIES
The salary table shall be modified as follows:
Effective July 1, 2024 A 3.5% general wage increase will be applied to each step the July 1, 2024 –
June 30, 2025 salary table. (Appendix A)
Effective July 1, 2025 A 4% general wage increase will be applied to each step of the salary table.
(Appendix A)
Effective July 1, 2026 A 4% general wage increase will be applied to each step of the salary table.
(Appendix A)
The July 1, 2024 wage increase is retroactive to July 1, 2024.
The City agrees to fill three (3) First Class Lineman positions with qualified candidates within thirty (30) days
after the contract is ratified by the Union and approved by City Council.
When an employee is covering on call for another employee they shall be compensated at the rate of 1 ¾ times
per hour and not 1 ½ times per hour.
The progression from Groundworker to Third Class Lineman, and from Third Class Lineman to Second Class
Lineman will be automatic, after certification. If, after four years as a Groundworker or Third Class Lineman, an
employee has not advanced, the assumption would be that they are not going to progress and there would be need
to find them different employment or let them go unless there is a special circumstance. The special circumstance
would be to keep someone employed if they had faced unusual setbacks to their health, or family issues.
To ensure that the City has a competent work force, the City continues to reserve the right to hire or transfer
employees who elect to bid out of their grouping to any created step within the contract.
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28. SHIFT DIFFERENTIAL PAY
Shift differential pay shall be granted to all personnel who work a permanently assigned full rotating shift.
Shift differential shall also be granted to any full-time regular employee assigned to work the evening or night
shift for an extended period exceeding a two week period. Periodic and/or occasional evening or night shift
assignment or off shift work by regular or part time employees does not qualify for shift differential pay.
Shift differential pay shall be paid at $2.60/hr for all weekday hours worked after the normal day shift.
Shift differential pay shall be paid at $4.00 per hour for all scheduled hours on a Holiday or Sunday.
29. VACATION SELL BACK
A regular employee may, during the month of November, sell back to the City unused vacation in accordance
with the following schedule:
REGULAR FULL-TIME EMPLOYEES
Number of Vacation Days Number of Days Eligible
Earned Per Year to Sell Back
15 5
21 5
24 10
27 10
The payment in lieu of vacation shall be made only in November each year and shall be deducted from the
current calendar year's unused vacation leave. The employee will be paid based on his/her base salary plus
cost-of-living increases and longevity increases at the date of the issuance of the sell back check.
Pay in lieu of vacation shall not be considered pay for pension purposes. No employee pension contributions
will be deducted, the City will not make pension contributions based on the pay and the pay shall not be used
to compute pension benefits.
Upon issuance of payment in November 2017, vacation sell back will no longer be available to employees.
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30. COST OF LIVING INCREMENT
Effective December 31, 1982, the policy covering cost of living raises as described on page 11 of the Employee
Handbook dated July 11, 1976 and amended July 1, 1980 shall no longer apply to the Association of Electric
Department Employees Bargaining Unit Members.
As a result of the above policy change, employees hired prior to July 1, 1980 continue to receive a single ten
(10) cent cost of living adjustment which was added to their hourly wage on January 1, 1982. Effective June
30, 1986, this one time ten cent (.10) cost of living supplement shall be eliminated from the wages of these
employees.
31. SAFETY
A. In order to have a safe place to work, the City shall not require an employee to work in situations which
would subject the employees or others to imminent risk of serious bodily harm. All such employees shall
comply with all safety rules and regulations established by the City.
B. If an employee has justifiable reason to believe that his safety and health are in danger due to an alleged
unsafe condition, equipment or unsafe work habits of others, he shall inform his supervisor before proceeding
with the job. The supervisor shall be responsible to determine what action or equipment, if any, is necessary
to make the job safe or the job shall be shut down. If unsure about the safety criteria the supervisor may
involve others in the job analysis before rendering the decision.
32. SAFETY EQUIPMENT AND CLOTHING
Section 1 (Safety Shoes): A. The City shall provide an annual cash reimbursement of $250.00 for replacement
safety shoes by employees in classifications which require the wearing of safety shoes. Employees in the
lineman classifications shall be provided an annual cash reimbursement of $300.00. Payment amount will be
based on the employee’s position at the time of reimbursement. Only one reimbursement is available to each
employee per fiscal year. In the classifications which require safety shoes, the wearing of proper safety
equipment is a condition of employment. Persons who report to work without proper footwear will be sent
home without pay.
B. Such reimbursement will be paid on a monthly basis to all active employees who were in the effected
classification as of December 30th of the prior year, and who remain active and in an affected classification at
the time of payment. Proof of purchase must be provided to receive reimbursement. Proof of purchase shall
be, at a minimum, a detailed payment receipt clearly indicating the item purchased as well as payment
information. Additional payment support is subject to IRS guidelines. Proof of purchase is to be provided to
the Administrative Assistant within the Electric department by the last Wednesday of the month.
Reimbursement will be issued by the City’s Accounts Payable department the following week.
C. Safety shoes may be purchased by an eligible employee through the supplier of his/her choosing. In the
event of an on the job accident that results in the destruction of an employee’s safety shoes, the City shall
provide a replacement pair at its sole cost and expense. The replacement boots will be of a similar brand and
value, and the employee will not be sent home without pay while replacement boots are being secured.
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Section 2 (Safety Glasses):
The City shall provide one pair of prescription safety glasses per year at no cost to the employee, provided
that the cost of the glasses does not exceed $150 per pair. The City will reimburse the employee with proper
receipt of purchase.
Section 3 (FR Clothing):
A. The City shall provide new participants in the program with an initial start-up allotment of $1,700. An
annual allotment of $1,000 will be available to participants (except for employees on terminal leave) on July 1
of every year thereafter.
B. The City shall have discretion to determine what FR Clothing is provided to probationary employees.
33. WEATHER EMERGENCY (Any past practice will no longer be followed)
For City Emergency: When the City Manager declares a weather emergency for Dover and closes the City
administrative offices, then those IBEW employees required to report to work or to continue working under
the City’s inclement weather policy will be compensated with time off on an hour-for-hour basis for each
hour they actually work while City offices are closed two or more hours during the normal work week
(Monday-Friday.) Furthermore, the City shall not pay overtime to obtain the necessary staffing level to cover
any position under this weather emergency policy.
For State of Emergency: When the City Manager declares a weather emergency for Dover and closes the City
administrative offices and the Governor of Delaware declares a State of Emergency for the Dover area, then
those IBEW employees required to report to work or to continue working under the City’s inclement weather
policy will receive monetary compensation at overtime rate for each hour they actually work while City offices
are closed two or more hours during the normal work week (Monday-Friday.) Furthermore, the City shall not
pay overtime to obtain the necessary staffing level to cover any position under this weather emergency policy.
The City Manager will establish the time period for the weather emergency.
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34. GPS
Should the City decide to implement GPS units in fleet vehicles, any data collected will not be used for
disciplinary purposes, and information obtained via GPS that raises a question as to whether a bargaining unit
member has violated any personnel policy will only be utilized to show such violation if the fact of the violation
is verified and corroborated by other independent and credible sources of information.
35. MATTERS NOT EXPRESSLY COVERED
This Agreement shall govern all matters concerning which it makes provision. All other matters shall be as
provided for in the Employee Handbook.
36. SEVERABILITY
In the event that any provision of this Agreement is invalid or unenforceable, the remainder of the Agreement
shall not be affected thereby and all other provisions of this Agreement as are valid shall be fully enforceable.
37. FUNDING
No collective bargaining agreement shall be valid or enforceable if its implementation would be inconsistent
with any statutory limitation on the public employer’s funds, spending, or budget or would substantially impair
or limit the performance of any statutory duty by the public employer or would otherwise be contrary to law.
A collective bargaining agreement may provide for benefits conditional upon specified funds to be obtained
by the public employer, but the agreement shall provide either for automatic reduction of such conditional
benefits or for additional bargaining if the funds are not obtained or if lesser amount is obtained.
38. SUCCESSOR CLAUSE
The City of Dover shall stipulate as a condition of any sale of City facilities covered by this Agreement shall
recognize and accept this Agreement and Local Union 1238- IBEW as the exclusive bargaining representative
for the covered employees. Any sale of the City of Dover Electric Department shall stipulate that the
employees shall keep their accrued benefits as part of the terms of the sale. The sale of City facilities to any
other organization shall be subject to all Delaware Labor Law, especially Title 19 Chapter 706.
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39. ZIPPER CLAUSE
This written agreement is the complete agreement of the parties, neither party may require the other to open
this agreement for renegotiation. Consistent with Article 17 however, changes may be made by mutual written
consent.
40. DIRECT DEPOSIT
All members of IBEW 1238 are required to have direct deposit for their entire paycheck.
41. MOTOR VEHICLE RECORD POLICY
In keeping with the City or Dover’s Vision of a clean, safe community where people want to live, it is
important that all our employees who operate motor vehicles do so in a safe and responsible way. Vehicle
operations create substantial risk to the City and its citizens. Therefore, a best practice for reducing risk is to
ensure only safe drivers are allowed to operate City vehicles. Evaluating an employee’s motor vehicle record
(MVR) has long been a recognized component of a driver screening process. The following constitutes our
MVR policy.
Any staff member who operates a vehicle for business is subject to the MVR Policy. This includes all staff
operating city owned vehicles, personal vehicles for business purposes. or rental cars, only when rented for
business purposes.
• All drivers must have a valid driver’s license of the proper class and appropriate endorsements
where necessary.
• Drivers must not drive and immediately notify their supervisor or Human Resources if their license
has been suspended or revoked.
• Drivers must report all accidents and moving vehicle violations in any jurisdiction, including those
received operating non-City owned vehicles used for business purposes to their supervisor or Human
Resources.
• Employees using their personal vehicle for city business, must provide proof of insurance coverage
with the appropriate amount of coverage.
This policy is effective August 10, 2021 for new hires; however, current City employees will be phased-in to
this policy over the next two (2) years, (August 10, 2021 – August 9, 2023) to allow ample time to address
current violations that may be on the MVR. During the phasing-in period, current employee MVR’s will be
reviewed and addressed with the employee by the employee’s supervisor. During the phase in period, for
those employees with a score of up to eleven points, no formal action will be taken however the conversation
regarding the employee’s MVR will be documented and placed into the employee’s personnel file. Employees
who have 12 or more points will be issued a written warning rather than a one (1) day suspension, required
to provide documentation of their successful completion of a behavior
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modification/attitudinal driving course and may incur the loss of city driving privileges. The employee will be
placed on driver probation when points are 12 or more. After the two (2) year period of phasing-in has expired,
employee’s MVR will be obtained and scored according to the Profile Points/Risk Category.
Prior to any employee driving a city vehicle, using their personal vehicle for business related purposes or
driving a rental car for city relate business, Human Resources must be notified. Notification is to be received
no later than 48 hours for Delaware Residents and seven (7) days for out of state residents. Human Resources
will provide this policy to the employee and obtain a copy of the employee’s valid driver’s license and MVR.
The Human Resources Department will be responsible for conducting MVR reviews for all civilian employees
and advising the employee’s supervisor of any findings. The Police Department will assume the responsibility
for police officers. MVRs for Delaware residents will be obtained through the Delaware Division of Motor
Vehicle. For employees who resident in another state, the MVR will be obtained through a third party. If
unattainable, the employee will be responsible for providing the MVR. MVR’s will be reviewed for prospective
employees after an offer of employment is accepted. This is considered a part of the new employee’s
background investigation. Existing employees MVR will be reviewed when employees need to drive for city
related business. All employees that are subject to this policy will have their MVR reviewed no less than
annually. The employee’s record will be obtained during the month of the employee’s birthday. MVR’s will
also be reviewed following any accident involving a City vehicle, a personal vehicle used for business purposes
or a rental car used for business purposes. Drivers may be subject to more frequent reviews based on
accumulated points and offense. The accumulation of 12 or more points on your MVR will result in revocation
of city driving privileges and those whose job requires them to drive shall be subject to termination.
Employees with motor vehicle records which indicate revocation or suspension shall not be permitted to drive
a city-owned vehicle or drive any vehicle in the performance of city duties, during the period of said revocation
or suspension. Employees whose license has been revoked or suspended and whose position description
requires the retention of a valid motor vehicle operator's license shall be subject to disciplinary action,
including suspension or, in the case of revocation, up to termination.
Driver Probation: The employee will be placed on driver probation when points are 12 or more. The
accumulation of 12 or more points on your MVR will result in revocation of city driving privileges and those
whose job requires them to drive shall be subject to termination. Employees whom are placed on driver
probation by the City of Dover will have their MVR reviewed at least quarterly. New violations discovered at
periodic review may result in progressive discipline up to and including dismissal.
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PROFILE POINTS/RISK CATEGORY
PROFILE POINTS/ CORRECTION ACTION GUIDELINES
RISK CATEGORY
1 TO 3 - Generally no action necessary
LOW RISK
4 to 5 - Supervisor to discuss record and improvement with
MINOR RISK employee. Employee will be advised of
responsibility to drive in a safe and courteous
manner in accordance with defensive driving
principles.
6 TO 7 - Supervisor to discuss record and improvement
BORDERLINE RISK with employee.
- Verbal warning
- Driver training – classroom defensive driving
program. Driver to pay first $50 of the training
8 TO 11 - Supervisor to discuss record and improvement
MEDIUM RISK with employee.
- Written Warning
- Possible loss of city vehicle, to be determined on
an individual basis based on offenses. This is to
include the use of city vehicle for on-call purposes.
12 OR MORE - Supervisor to advise employee that his or her
HIGH RISK driving record has resulted in “revoked driving
privileges.”
- One (1) day unpaid suspension
- If the employee can no longer perform the essential
functions of his or her position, or other job
assignments are not an option, dismissal could
result.
Employees enrolling and successfully completing the DUI first offender's program may retain their position,
provided the individual agrees to random alcohol and/or drug testing at his or her cost as directed by the
Human Resources Director. The City’s Substance Abuse Policy as contained in the Personnel Policy shall
apply. There must be another staff member able to drive and provide transportation for work related duties
to the employee.
All drivers remain subject to the driving laws for the state of issuance and for the type of license held.
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42 – 401a MONEY PURCHASE PLAN
Effective December 26, 2021, all employees enrolled in the 401(a) Money Purchase Plan will be required to
contribute a minimum of 6%. The City will match the employee’s contributions up to 9%.
From November 1, 2021 through and including November 30, 2021, all employees enrolled in the 401(a)
Money Purchase Plan will have the ability to change their contribution to the 457 plan thus effecting the City’s
matching contribution to the 401(a) Money Purchase Plan. All changes will become effective December 26,
2021.
Each May, during open enrollment, employees will have the opportunity to change their contribution to the
457 plan thus effecting the City’s matching contribution to the 401(a) Money Purchase Plan. The change will
be effective July 1 and irrevocable until the following July. Employee contributions cannot be below the
minimum required employee contribution of 6%.
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43 – PENSION/RETIREMENT PLANS
If the City adopts a new retirement benefit plan, and/or 401(a) plan, it will offer members of the bargaining unit
an opportunity to participate in the retirement benefit plan, and/or 401(a) plan, on the same terms and
conditions as apply to non-union employees and members of other bargaining units. For employees who are
currently participants in a 401(a) plan, such employees will be given the option of remaining in that plan.
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In WITNESS WHEREOF, the parties hereto by their duly authorized representatives have hereunto set their
hands and seals the day and year aforesaid.
City of Dover International Brotherhood of Electrical Workers -
Local 1238
By: By:
Dave Hugg, City Manager Nicholas J Baronie, Asst Business Manager of Local 1238
By: By:
Naomi Poole, Human Resources Director Jason Bitter, 1st Class Lineman II
By: By:
Patricia Marney, Interim Controller/Treasurer Brandon Pollitt, Engineering Fieldman
By: By:
Paul Waddell, Electric Director James Sack, System Operator Crew Leader
By:
Michael Stafford, Esq., Lead Negotiator
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Appendix A
IBEW Wage Scale
July 1, 2024 - June 30, 2027
Year 1 Year 2 Year 3
Position Titles Grade 3.50% 4.00% 4.00%
Electrician
Electrician I 18 12 mo $ 35.84 $ 37.28 $ 38.77
Electrician II 20 until licensed $ 38.93 $ 40.48 $ 42.10
Licensed Electrician 21 thereafter $ 40.64 $ 42.27 $ 43.96
Utility Locator
Utility Locator I 13 24 mo $ 29.27 $ 30.44 $ 31.66
Utility Locator II 14 24 mo $ 30.51 $ 31.73 $ 33.00
Utility Locator III 15 thereafter $ 31.73 $ 33.00 $ 34.32
Electric Meter Technician
Electric Meter Technician I 18 12 mo $ 35.84 $ 37.28 $ 38.77
Electric Meter Technician II 21 12 mo $ 40.64 $ 42.27 $ 43.96
Electric Meter Technician III 24 thereafter $ 46.44 $ 48.30 $ 50.23
Electric Meter Technician Crew Leader 26 $ 52.83 $ 54.94 $ 57.14
Relay Technician
Substation Technician I 19 12 mo $ 37.32 $ 38.81 $ 40.37
Substation Technician II 21 12 mo $ 40.64 $ 42.27 $ 43.96
Substation Technician III 22 12 mo $ 42.53 $ 44.23 $ 46.00
Substation Technician IV 26 thereafter $ 52.83 $ 54.94 $ 57.14
Substation Technician Crew Leader 27 $ 56.31 $ 58.57 $ 60.91
Engineering Fieldman
Engineering Fieldman I 21 12 mo $ 40.64 $ 42.27 $ 43.96
Engineering Fieldman II 23 12 mo $ 44.49 $ 46.27 $ 48.13
Engineering Fieldman III 25 12 mo $ 49.56 $ 51.54 $ 53.60
Engineering Fieldman IV 27 thereafter $ 56.31 $ 58.57 $ 60.91
Engineering Fieldman Crew Leader 29 $ 63.99 $ 66.55 $ 69.22
System Operator
System Operator I 24 12 mo $ 46.44 $ 48.30 $ 50.23
System Operator II 25 12 mo $ 49.56 $ 51.54 $ 53.60
System Operator III 26 12 mo $ 52.83 $ 54.94 $ 57.14
System Operator IV 27 thereafter $ 56.31 $ 58.57 $ 60.91
System Operator Crew Leader 28 $ 60.03 $ 62.43 $ 64.93
T&D Engineering Coordinator
T&D Engineering Coordinator I 15 12 mo $ 31.73 $ 33.00 $ 34.32
T&D Engineering Coordinator II 17 12 mo $ 34.37 $ 35.75 $ 37.18
T&D Engineering Coordinator III 20 thereafter $ 38.93 $ 40.48 $ 42.10
Electric Draftsman
Electric Draftsman I 18 24 mo $ 35.84 $ 37.28 $ 38.77
Electric Draftsman II 19 until qualified $ 37.32 $ 38.81 $ 40.37
Electric Draftsman III 20 thereafter $ 38.93 $ 40.48 $ 42.10
SCADA Technician
SCADA Technician I 22 24 mo $ 42.53 $ 44.23 $ 46.00
SCADA Technician II 26 until qualified $ 52.83 $ 54.94 $ 57.14
SCADA Technician III 27 thereafter $ 56.31 $ 58.57 $ 60.91
Lineman
Groundsworker I 11 12 mo $ 27.09 $ 28.17 $ 29.30
Groundsworker II 15 12 mo $ 31.73 $ 33.00 $ 34.32
Lineman 3rd Class I 19 12 mo $ 37.32 $ 38.81 $ 40.37
Lineman 3rd Class II 20 12 mo $ 38.93 $ 40.48 $ 42.10
Lineman 2nd Class I 22 12 mo $ 42.53 $ 44.23 $ 46.00
Lineman 2nd Class II 23 thereafter $ 44.49 $ 46.27 $ 48.13
Lineman 1st Class I 26 thereafter $ 52.83 $ 54.94 $ 57.14
Lineman 1st Class II 27 thereafter $ 56.31 $ 58.57 $ 60.91
Lineworker Crew Leader 28 thereafter $ 60.03 $ 62.43 $ 64.93
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Item #30.
Exhibit C
IBEW Wage Scale
July 1, 2024 - June 30, 2027
Year 1 Year 2 Year 3
Position Titles Grade 3.50% 4.00% 4.00%
Electrician
Electrician I 18 12 mo $ 35.84 $ 37.28 $ 38.77
Electrician II 20 until licensed $ 38.93 $ 40.48 $ 42.10
Licensed Electrician 21 thereafter $ 40.64 $ 42.27 $ 43.96
Utility Locator
Utility Locator I 13 24 mo $ 29.27 $ 30.44 $ 31.66
Utility Locator II 14 24 mo $ 30.51 $ 31.73 $ 33.00
Utility Locator III 15 thereafter $ 31.73 $ 33.00 $ 34.32
Electric Meter Technician
Electric Meter Technician I 18 12 mo $ 35.84 $ 37.28 $ 38.77
Electric Meter Technician II 21 12 mo $ 40.64 $ 42.27 $ 43.96
Electric Meter Technician III 24 thereafter $ 46.44 $ 48.30 $ 50.23
Electric Meter Technician Crew Leader 26 $ 52.83 $ 54.94 $ 57.14
Relay Technician
Substation Technician I 19 12 mo $ 37.32 $ 38.81 $ 40.37
Substation Technician II 21 12 mo $ 40.64 $ 42.27 $ 43.96
Substation Technician III 22 12 mo $ 42.53 $ 44.23 $ 46.00
Substation Technician IV 26 thereafter $ 52.83 $ 54.94 $ 57.14
Substation Technician Crew Leader 27 $ 56.31 $ 58.57 $ 60.91
Engineering Fieldman
Engineering Fieldman I 21 12 mo $ 40.64 $ 42.27 $ 43.96
Engineering Fieldman II 23 12 mo $ 44.49 $ 46.27 $ 48.13
Engineering Fieldman III 25 12 mo $ 49.56 $ 51.54 $ 53.60
Engineering Fieldman IV 27 thereafter $ 56.31 $ 58.57 $ 60.91
Engineering Fieldman Crew Leader 29 $ 63.99 $ 66.55 $ 69.22
System Operator
System Operator I 24 12 mo $ 46.44 $ 48.30 $ 50.23
System Operator II 25 12 mo $ 49.56 $ 51.54 $ 53.60
System Operator III 26 12 mo $ 52.83 $ 54.94 $ 57.14
System Operator IV 27 thereafter $ 56.31 $ 58.57 $ 60.91
System Operator Crew Leader 28 $ 60.03 $ 62.43 $ 64.93
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Item #30.
T&D Engineering Coordinator
T&D Engineering Coordinator I 15 12 mo $ 31.73 $ 33.00 $ 34.32
T&D Engineering Coordinator II 17 12 mo $ 34.37 $ 35.75 $ 37.18
T&D Engineering Coordinator III 20 thereafter $ 38.93 $ 40.48 $ 42.10
Electric Draftsman
Electric Draftsman I 18 24 mo $ 35.84 $ 37.28 $ 38.77
Electric Draftsman II 19 until qualified $ 37.32 $ 38.81 $ 40.37
Electric Draftsman III 20 thereafter $ 38.93 $ 40.48 $ 42.10
SCADA Technician
SCADA Technician I 22 24 mo $ 42.53 $ 44.23 $ 46.00
SCADA Technician II 26 until qualified $ 52.83 $ 54.94 $ 57.14
SCADA Technician III 27 thereafter $ 56.31 $ 58.57 $ 60.91
Lineman
Groundsworker I 11 12 mo $ 27.09 $ 28.17 $ 29.30
Groundsworker II 15 12 mo $ 31.73 $ 33.00 $ 34.32
Lineman 3rd Class I 19 12 mo $ 37.32 $ 38.81 $ 40.37
Lineman 3rd Class II 20 12 mo $ 38.93 $ 40.48 $ 42.10
Lineman 2nd Class I 22 12 mo $ 42.53 $ 44.23 $ 46.00
Lineman 2nd Class II 23 thereafter $ 44.49 $ 46.27 $ 48.13
Lineman 1st Class I 26 12 mo $ 52.83 $ 54.94 $ 57.14
Lineman 1st Class II 27 thereafter $ 56.31 $ 58.57 $ 60.91
Lineworker Crew Leader 28 thereafter $ 60.03 $ 62.43 $ 64.93
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