regular council meeting a g e n d a · 2019. 2. 4. · regular council meeting a g e n d a march...

REGULAR COUNCIL MEETING

A G E N D A

March 28, 2005 - 7:30 P.M. - Council Chambers - City Hall - City of Dover

OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.)

INVOCATION BY CHAPLAIN WALLACE DIXON

PLEDGE OF ALLEGIANCE

AGENDA ADDITIONS/DELETIONS

* CONSENT AGENDAThose items on the Council Agenda which are considered routine and non-controversial shall be markedwith an asterisk (*) and will be acted upon by a single roll call vote of the Council. There will be noseparate discussion of these items unless a member of Council so requests, in which event the matter shallbe removed from the Consent Agenda and considered a separate item.

* 1. Adoption of Minutes - Regular Council Meeting of March 14, 2005

2. Resolutions: City of Dover Medals A. Timothy Porter - Bronze Medal

B. David Hiser - Silver Medal

3. Proclamation - Fair Housing Month 4. Presentation of Awards by Main Street Dover - St. Patrick’s Day Parade

5. Presentation - Police Department Annual Report

6. Update (325 Day) - Brown Water

* 7. Parks, Recreation, and Community Enhancement Committee Report - March 1, 2005(Items removed from agenda during the Regular Council Meeting of March 14, 2005)

A. Discussion - Ideas of Mayor Speed for Neighborhood Improvements:a-1. Extend 1 Time Home Buyer Transfer Tax Exemption to the Sellerst

a-2. Real Estate Tax Abatement for Home Purchasers in the Target Areaa-3. Partnership to Create Reduced Cost Mortgages in Target Areaa-4. Increase Community Development Downpayment Assistancea-5. New Mixed Use Zonea-6. Eliminate Single to Multi-Family Conversions in RG-1a-7. Nuisance Property Enforcement

B. Community Report - Chairman Pitts

Council AgendaMarch 28, 2005

* 8. Legislative, Finance, and Administration Committee Report - March 14, 2005 A. Charter Review of the Reincorporation and Conflict with State Law and/or City Policies

and Procedures - Adoption of Resolution Requesting General Assembly to Amend CityCharter

B. Revised Revenue ManualC. State of the City Budget - Mid-Year Review and Proposed Budget Revision Ordinances

(See Item #16-A)D. Revised Hospitality PolicyE. Proposed Resolution - Investment Post-Retirement Medical Benefits

* 9. Utility Committee Report - March 14, 2005A. Maximizing Dover’s Connectivity Infrastructure

* 10. Parks, Recreation, and Community Enhancement Committee Report - March 15, 2005 A. Proposed Ordinance Amendments - Update of Building, Residential, Mechanical,

Plumbing, and Property Maintenance Codes (See Item #16-B)

* 11. Safety Advisory and Transportation Committee Report - March 16, 2005 A. Updates - DelDOT Projects

B. Proposed Ordinance Amendments - Chapter 4.5 - Bicycles (See Item #16-C)C. Review of Existing Common Street Names

* 12. Monthly Reports - February 2005A. Budget ReportB. Chief of Police ReportC. City Assessor ReportD. City Clerk/Alderman Report (Fines)E. City Manager’s ReportF. Mayor's ReportG. Planning and Inspections ReportH. Robbins Hose Company No. 1 Report

13. Rezoning Request/First Reading (Recommended for referral to the Planning Commission onApril 18, 2005 and that a Public Hearing be set for May 23, 2005 at 7:30 p.m.)

A. Property located on the east side of Bay Road (Intersection of Route 113 andPuncheon Run Connector), consisting of 38.12 acres. The property is owned byDelaware Industrial Enterprises (Equitable Owner: Stover Homes, Inc.). The property iscurrently zoned C-4 (Highway Commercial) for 3.80 acres and IPM (Industrial Park+/-

Manufacturing) for 34.32 acres and the proposed zoning is C-4 (Highway Commercial)+/-

for 5.30 acres and IPM (Industrial Park Manufacturing) for 32.82 acres.+/- +/-

Council AgendaMarch 28, 2005

14. Comprehensive Rezoning (Project 2005) Request/First ReadingThe First Reading is offered on the following proposed ordinance. Since it is an amendment to theZoning Ordinance and Zoning Map, Public Hearings are required. It is recommended that a PublicHearing before the Planning Commission be set for Monday, May 2, 2005 at 7:00 p.m. at a SpecialPlanning Commission Meeting and that a Public Hearing before City Council be set for Tuesday,May 17, 2005 at 7:00 p.m. at a Special City Council Meeting; the Second Reading and Final Actionby Council will take place at that time. Copies of the proposed ordinance is available at the entranceof the Council Chambers or can be obtained from the City Clerk’s Office.

A. An Ordinance Amending the Zoning Ordinance and Zoning Map of the City of Doverby Changing the Zoning Designations to Conform with the 2003 Comprehensive PlanUpdate

15. Comprehensive Plan AmendmentsIt is recommended that a Public Hearing before the Planning Commission be set for Monday,May 2, 2005 at 7:00 p.m. at a Special Planning Commission Meeting and that a Public Hearing beforeCity Council be set for Tuesday, May 17, 2005 at 7:00 p.m. at a Special City Council Meeting.

A. Land Development Plan RevisionsB. Annexation Plan RevisionsC. Implementation Plan Revisions

16. First Reading - Proposed OrdinancesThe First Reading is offered on the following proposed ordinances. Final action by Council will take placeduring the Second Reading of the ordinances on April 11, 2005. Copies of all proposed ordinances areavailable at the entrance of the Council Chambers or can be obtained from the City Clerk's Office.

A. Revised Budgets for Fiscal Year 2004/2005(Referred by the Legislative, Finance, and Administration Committee)

B. Building, Residential, Mechanical, Plumbing, and Property Maintenance Codes:b-1. Chapter 5 - Building and Building Regulationsb-2. Chapter 7 - Fire Prevention, Protectionb-3. Chapter 10 - Housing and Property Maintenance

(Referred by the Parks, Recreation, and Community Enhancement Committee)

C. Chapter 4.5 - Bicycles (Referred by the Safety Advisory and Transportation Committee)

17. Distribution of Packet Material - Setting of Items on Council Desks (Councilman Hogan)

18. Council Members Comments

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THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGETO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

REGULAR COUNCIL MEETING

The Regular Council Meeting was held on March 14, 2005 at 7:30 p.m. with Council PresidentWilliams presiding. Council members present were Mr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Slavin,Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane.

Council staff members present were Police Chief Horvath, Mr. Cooper, Mrs. Mitchell, Mr. Galvin,Fire Chief Bashista, Mr. DePrima, Ms. Kristen Bennett (representing City Solicitor Rodriguez),Mrs. Green, and Mayor Speed.

OPEN FORUMThe Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting.Council President Williams declared the Open Forum in session and reminded those present thatCouncil is not in official session and cannot take formal action.

Ms. Sophia R. Russell, 28 N. New Street, invited members to the Pride of Dover Elks Lodge, 217N. Kirkwood Street, on April 2 , from 1:00 p.m. to 4:00 p.m. for the Back to School Spring Phasend

to benefit the youth in the community. She stated that there are many activities to be enjoyed by all.

Mr. Eric O’Brien, 30 N. New Street, addressed members regarding the continuous New Street repeatviolations. He continued reading the letter which he began last month and submitted additional notesproviding specifics regarding the violations. Mr. O’Brien questioned why the City of Dover has notcontacted officials at the State level in an attempt to address some of these problems. He providedcopies of notes for submission to the Safety Advisory and Transportation Committee, as well as theDover Human Relations Commission.

The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance.

AGENDA ADDITIONS/DELETIONSCouncil President Williams requested the deletion of item #2 - Presentation to Councilman Salters,due to the absence of the presenter, Mrs. Rodriguez; and item #4 - State of the City Budget,explaining that it would be presented at the next meeting as a part of the Legislative, Finance, andAdministration Committee’s Report. Mr. Pitts requested the deletion of items #6B - Discussion -Ideas of Mayor Speed for Neighborhood Improvements; and #6C - Community Report, from theParks, Recreation, and Community Enhancement Committee Report.

Mr. Carey moved for approval of the agenda as amended, seconded by Mr. Sadusky andunanimously carried.

Mr. Carey moved for approval of the consent agenda as amended, seconded by Mr. Saduskyand unanimously carried.

ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 7, 2005The Minutes of the Regular Council Meeting of March 7, 2005 were unanimously approvedby motion of Mr. Carey, seconded by Mr. Sadusky and bore the written approval of MayorSpeed.

CITY COUNCIL MEETING OF MARCH 14, 2005 PAGE 2

PRESENTATION - CITY OF DOVER - CERTIFICATE OF ACHIEVEMENT FOREXCELLENCE IN FINANCIAL REPORTING - COMPREHENSIVE ANNUALFINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2003Mayor Speed presented Mrs. Donna Mitchell, Finance Director/Treasurer with the Award forCertificate of Achievement for Excellence in Financial Reporting for the Comprehensive AnnualFinancial Report for the Fiscal Year Ended June 30, 2003. He indicated that this is the City’s 19th

Award, which is a reflection of the dedication and commitment of the department.

Mrs. Mitchell thanked members for the recognition and relayed appreciation to her staff, family, andher predecessor, Mr. Karia.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT -MARCH 7, 2005The Legislative, Finance, and Administration Committee met on March 7, 2005 with Mr. Slavinpresiding in the absence of Chairman Salters.

Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2004In accordance with Section 46 of the City Charter, the City's financial books are audited byindependent auditors each year. The Finance Director/Treasurer, Mrs. Mitchell, submitted theComprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 2004. It was notedthat all financial transactions were audited by the selected C.P.A. firm of Faw Casson & Company,whose opinion has been included in the report. The City has received the Award of Excellence inFinancial Reporting from the Governmental Finance Officers Association of the United States andCanada (GFOA) for the last 19 years.

During the committee meeting, Mrs. Mitchell gave a Power Point Presentation which highlightedthe key points of this year’s CAFR.

Mr. Slavin moved for acceptance of the Comprehensive Annual Financial Report for FiscalYear Ended June 30, 2004. The motion was seconded by Mr. Salters and unanimously carried.

Mr. Slavin moved for acceptance of the Legislative, Finance, and Administration CommitteeReport, seconded by Mr. Salters and carried by a unanimous roll call vote.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT -MARCH 1, 2005The Parks, Recreation, and Community Enhancement Committee met on March 1, 2005 withChairman Pitts presiding.

Civic Center UpdateLast year, at the request of the State Bond Bill Committee, the Delaware Civic Center Corporationcommissioned C. H. Johnson to perform a Civic Center Economic Impact Study. Mayor Speedreviewed the information provided in the study. He stated that the proposed Civic Center, whichwould be located in the vicinity of Sam’s Club and Scarborough Road, is a partnership project


between the Civic Center Association and Delaware State University. He also noted that no otherCivic Center projects are being proposed in Delaware.

Mayor Speed noted that the City would benefit from the Civic Center being a significant water,electric, and sewer customer. Another positive impact from this project is an estimated 501 new jobsand approximately $20 million in associated personal income. Mayor Speed stated that theLegislature has not yet voted on the Bond Bill.

No further action was taken by Council.

City Clerk’s Office Note: It was noted that due to additional questions of Council regarding thecommittee’s recommendations on the Ideas of Mayor Speed for Neighborhood Improvementscontained in the committee’s report, acceptance of the report was deferred until the next CouncilMeeting.

ANNUAL REPORT - PLANNING AND INSPECTIONS DEPARTMENTBy consent agenda, Mr. Carey moved for acceptance of the Annual Report of the Planning andInspections Department (as on file in the Office of the City Clerk), seconded by Mr. Saduskyand carried by a unanimous roll call vote.

EVALUATION OF BID - PUNCHEON RUN INTERCEPTOR SEWER EXTENSION -ENGINEERING SERVICES AGREEMENT (DESIGN)During the summer of 2004, the Department of Public Works issued a Request for Qualificationsfor water and wastewater engineering services. Based on the review of the submission from variousengineering firms, staff requested a cost proposal from Pennoni Associates, Inc. to provideprofessional engineering services for the design of the Puncheon Run Sanitary Sewer InterceptorExtension. This project involves the planning and design of approximately 8,000 linear feet of alarge diameter sanitary sewer interceptor line from the confluence of the branches of Puncheon Run,adjacent to New Burton Road, to Pump Station #34 on Hazlettville Road.

Staff proposed that Pennoni Associates, Inc. conduct topographic and aerial surveys of the area,apply for DNREC permitting, prepare easement documentation for acquisition of easements fromDelDOT, design and detail the interceptor with associated improvements, prepare bid documents andattend two (2) design meetings with the City. Bidding and construction coordination services arenot being requested at this time since construction of the improvements is not proposed to begin untilafter fiscal year 2006.

Staff recommended awarding the engineering services agreement to Pennoni Associates, Inc. in theamount of $150,000 to plan and design all improvements necessary to extend the Puncheon RunInterceptor Sewer in a westerly direction to the farthest extend possible.

Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Sadusky andcarried by a unanimous roll call vote.


EVALUATION OF BID - WELLHEAD REDEVELOPMENT PROGRAM - ADDITIONALWORK REQUESTA.C. Shultes of Delaware, Inc. has completed the mechanical redevelopment and post developmenttesting of Well #6, as requested by staff. Based on the test result and pump design confirmation byLiz Brown, P.G., the City’s consultant for the program, the contractor has proposed a new motor andpump assembly for Well #6.

Staff has anticipated some additional expenses related to the electrical system that have increasedthe overall cost estimate by $45,000. If approved, staff will install the items that are related to theadditional expenses. Funding for the expenses will require an additional transfer from the wateroperating budget.

Staff recommended approval of the additional work request in the amount of $45,000 to include anew 100 hp VHS motor and pump assembly for Well #6 and authorization to expand the programscope and budget to include the referenced improvements for a total fiscal year 2005 program budgetof $145,000, to be included in the mid-year review budget ordinance.

Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Pitts and carriedby a unanimous roll call vote.

HUMAN RELATIONS COMMISSION APPOINTMENTS - RECOMMENDATION OFCOUNCIL PRESIDENTCouncil President Williams submitted the following recommendations for appointments to theHuman Relations Commission:

Mr. Gregory J. Bunkley - 3 Year Term to expire February 2008 (reappointment)

Dr. Phyllis Edamatsu - 3 Year Term to expire February 2008 (reappointment)

Ms. Prameela D. Kaza - 3 Year Term to expire February 2008 (reappointment)

Ms. Audrey Daniels - 3 Year Term to expire February 2008 (to fill expired term of Dr. Peter A. Oldziey)

By consent agenda, Mr. Carey moved for approval of the appointments as recommended byCouncil President Williams, seconded by Mr. Sadusky and carried by a unanimous roll callvote.

HUMAN RELATIONS COMMISSION APPOINTMENT - RECOMMENDATION OFMAYOR SPEEDMayor Speed recommended the reappointment of Mr. Roy Sudler, Jr. to the Human RelationsCommission for a three (3) Year Term to expire February 2008.

By consent agenda, Mr. Carey moved for approval of the appointment as recommended byMayor Speed, seconded by Mr. Sadusky and carried by a unanimous roll call vote.

FINAL READING - PROPOSED ORDINANCEThe First Reading of the following proposed ordinance was accomplished during the CouncilMeeting of March 7, 2005.


Chapter 7 - Fire Prevention, Protection, Article I - In General, Section 7-7 - Sprinkler RequirementsMr. Salters moved that the Final Reading of the proposed ordinance be acknowledged by titleonly, seconded by Mr. Carey and unanimously carried.

Mr. Carey moved for adoption of the following ordinance, seconded by Mr. Ritter and carriedby a unanimous roll call vote:

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCILMET:

That Chapter 7 - Fire Prevention and Protection, Article I - In General, of the Dover Code beamended by creating a new Section 7-7, Sprinkler Requirements, as follows:

Sec. 7-7. Sprinkler Requirements

(a) Places of assembly shall be sprinklered throughout in accordance with the mostrecently adopted edition of NFPA 13 when the following apply:

(1) All new indoor places of assembly with an occupant load of 150persons or greater.

(2) Any interior renovations of 50% or more to an existing place ofassembly with an occupant load greater than 150 persons.

(3) Any additions or increase in interior size to an existing place ofassembly that would create an occupant load of 150 persons orgreater.

(b) Places of assembly where alcohol is served for consumption on the premises shall besprinklered throughout in accordance with the most recently adopted edition ofNFPA 13 when the following apply:

(1) All new indoor places of assembly with an occupant load of 100persons or greater and where alcohol will be served for consumptionon the premises.

(2) Any interior renovation of 50% or more to an existing place ofassembly with an occupant load greater than 100 persons and wherealcohol will be served for consumption on the premises.

(3) Any additions or increase in interior size to an existing place ofassembly which would create an occupant load of 100 persons orgreater and where alcohol will be served for consumption on thepremises.


(c) New educational occupancies of 5,000 square feet or greater shall be sprinkleredthroughout in accordance with the most recently adopted edition of NFPA 13.

(d) Three (3) feet of unobstructed clear width shall be designed, designated, andmaintained around sprinkler risers for access by firefighters and for maintenance.The three (3) feet shall be measured from the outer most components of the sprinklerriser and all related support equipment.

ADOPTED: MARCH 14, 2005

COUNCIL MEMBERS COMMENTSCouncil President Williams commended the City Chaplain, Reverend Wallace Dixon, who wasrecently presented with the AGAPE Award, which is a reflection of his commitment to family andcommunity.

Mr. Salters extended an invitation to attend a fund raiser on March 18, 2005 at 7:00 p.m. to benefitthe Inner City Cultural League and that those interested should contact him directly before 12:00noon on March 15, 2005.

Mr. Salters indicated his opposition to a recent application submitted for the establishment of aliquor store/warehouse on the west side of downtown, in the area of Kirkwood Street.

Mr. Slavin relayed congratulations to the Delaware State University Men’s Basketball team, whowill be playing Duke in the NCAA Tournament.

Referring to the application for a liquor store/warehouse previously mentioned by Mr. Salters,Mr. Ruane indicated that a public hearing is scheduled to be held before the Planning Commissionon March 21, 2005 at 7:00 p.m. and urged the public to participate.

Mr. Salters moved for adjournment, seconded by Mr. Pitts, and unanimously carried.

Meeting Adjourned at 7:55 P.M.

JANICE C. GREENCITY CLERK

All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting ofMarch 14, 2005, are hereby approved.

STEPHEN R. SPEEDMAYOR

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RESOLUTION

WHEREAS, on December 3, 2004 , Mr. David A. Hiser and Mr. Timothy A. Porter, linemenfor the City of Dover Electric Department, were working in the vicinity of Lakeland Mobile HomePark when they observed that a mobile home on Pugh Avenue was on fire; and

WHEREAS, once Mr. Hiser and Mr. Porter notified the Fire Department of the situation,Mr. Porter disconnected the electric source, a common practice of the Fire Department, andMr. Hiser entered the mobile home to search for trapped occupants; and

WHEREAS, the courageous actions of these men were acts of heroism which deserve specialrecognition by the governing body of this City.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITYOF DOVER, IN COUNCIL MET:

1. That the Mayor and Council recognize that Mr. Porter’s quick response in disconnecting theelectric was a meritorious act and that Mr. Hiser risked his life by entering the burning mobilehome to search for occupants who may have been trapped inside .

2. In recognition of their heroic actions, the Mayor and Council award Mr. Timothy A. Porterwith a City of Dover Bronze Medal and Mr. David A. Hiser with a City of Dover Silver Medaland direct the City Clerk to make this Resolution a part of the permanent records of the Cityof Dover.

ADOPTED: MARCH 28, 2005

STEPHEN R. SPEED

MAYOR

BEVERLY C. WILLIAMSCOUNCIL PRESIDENT

PPRROOCCLLAAMMAATTIIOONN

WHEREAS, fair housing issues are of concern to all citizens; and WHEREAS, discrimination continues against minorities in several areas of housing, including lending practices, areas of ownership & restrictive covenants dealing with the sale of homes; and WHEREAS, the members of Dover’s City Council have pledged to commit thousands of dollars in Community Block Grant Funds to support efforts to increase home ownership within the City of Dover; and WHEREAS, many groups in Delaware remain committed to fair housing for all citizens, including the Delaware State Housing Authority, Delaware Housing Coalition, Housing Opportunities of Northern Delaware, and the Statewide Association of Tenants; and WHEREAS, the Dover Human Relations Commission is concerned with all elements of fair treatment of City residents, including fair housing practices; and WHEREAS, the City of Dover has partnered with other groups to facilitate and advance housing issues. NOW, THEREFORE, I, Stephen R. Speed, Mayor of the City of Dover, do hereby proclaim the Month of April 2005 as FFaaiirr HHoouussiinngg MMoonntthh and commend this observance to all of our citizens.

Stephen R. Speed Mayor

CERTIFICATE OF APPRECIATION

Be It Hereby Known to All That

The Mayor and Council Commend

Jen Allen, ChairBill BauerBarbara BurkertAnne CaseyLeslie Corello

Mary FitzpatrickCarole GallagherFred GallagherDr. Dan HoughtalingDan Lettieri

Carol LettieriCathy MarkerJeff ReedSteve WeldeConnie Welde

For Promoting the Revitalization of Downtown Dover by

Volunteering Their Time to Bring Families to the Downtown Area

for Main Street’s St. Patrick’s Day Parade

by

Serving as a Member of The 12 Annual St. Patrick’s Day Committeeth

Presented this 28 Day of March 2005th

STEPHEN R. SPEED BEVERLY C. WILLIAMS

MAYOR COUNCIL PRESIDENT

Dover Police DepartmentAnnual Report

2004

“To Protect & Serve”

Complaints

Five Year Comparison

25,06127,873 29,074 30,536 30,800

0

10,000

20,000

30,000

40,000

2000 2001 2002 2003 2004

5,769

2,482

5,599

2,835

5,490

2,782

5,979

2,934

5,572

2,824

0

2,000

4,000

6,000

8,000

2000 2001 2002 2003 2004

TOTAL CLEARED

Total Group A Crime


Violent Crime


226

139

208

136

228

150

279

197

276

171

0

100

200

300

400

2000 2001 2002 2003 2004

TOTAL CLEARED

Robberies


68

63

70

61

67

40

60

80

2000 2001 2002 2003 2004

34.0%30.0%

43.0%

31.0%

58.6%

30.9%

59.0%

30.7%

41.8%

0%

10%

20%

30%

40%

50%

60%

70%

2000 2001 2002 2003 2004

DOVER PD NATION

Robbery Clearance Rate

Dover Police -vs- Nation

National Figures Not Available for 2004

178

153130

185

136

0

50

100

150

200

2000 2001 2002 2003 2004

Burglaries


24%

13%

41%

13%

44%

13%

46%

13%

46%

0%

10%

20%

30%

40%

50%

2000 2001 2002 2003 2004

DOVER PD NATION

Burglary Clearance Rate

Dover Police -vs- Nation

National Figures Not Available for 2004

Drug Offenses


468 444535 513

427 417

570550

568548

0

200

400

600

800

2000 2001 2002 2003 2004

TOTAL CLEARED

Actual Drug Arrests

Made by the Drugs, Vice, & Organized Crime Section

359501

728

1,3201,389

0

1,000

2,000

2000 2001 2002 2003 2004

Property Crime


2,117

607

1,891

633

1,925

633

2,052

689

1,892

649

0

500

1,000

1,500

2,000

2,500

3,000

2000 2001 2002 2003 2004

TOTAL CLEARED

Accidents


2,396 2,2432,491 2,366 2,321

0

500

1,000

1,500

2,000

2,500

3,000

2000 2001 2002 2003 2004

Accident Breakdown


1,355

639

402

1,230

588425

1,333

663495

1,300

644

422

1,297

601423

0

400

800

1,200

1,600

2000 2001 2002 2003 2004

PROPERTY DAMAGE PRIVATE PROPERTY PI & FATAL

14,60117,671 16,950

15,466

20,235

0

5,000

10,000

15,000

20,000

25,000

2000 2001 2002 2003 2004

Traffic Arrests


$272,307.45 $277,752.00 $266,672.70$292,265.81

$319,056.02

$0

$100,000

$200,000

$300,000

$400,000

2000 2001 2002 2003 2004

MISC REVENUE PARKING TICKETS911 REVENUE TOTAL

Police Revenue

Parking Fines & Reports

Crime Clearance Comparison

National Average vs. Dover Police Department

Percentage of Cases Cleared

Cities with Population 25,000 to 49,999

National 2003 Dover 2003 Dover 2004Violent Crime (Total) 49.0% 70.6% 62.0%Murder 66.4 % 0% 100.0%Forcible Rape 40.2 % 76.7 % 80.0%Robbery 30.7 % 59.0 % 41.8%Aggravated Assault 57.8 % 73.8 % 66.7%

Property Crime (Total) 18.7 % 33.6 % 34.3%Burglary 12.7 % 46.5 % 45.6%Theft 20.8 % 33.0 % 34.6%Motor Vehicle Theft 14.7 % 20.2 % 15.5%Arson 19.3 % 42.9 % 41.7%

Forcible RapeRape by Force 39.3 % 75.9 % 76.5%Assault to Rape 39.5 % N/A 100.0%

RobberyFirearm 25.7 % 63.0 % 42.1%Knife 31.0 % 20.0 % 25.0%Other Dangerous Weapon 31.8 % 83.3 % 40.0%Strong-arm 34.3 % 56.5 % 45.0%

Crime Clearance Comparison

National Average vs. Dover Police Department

Percentage of Cases Cleared

Cities with Population 25,000 to 49,999

National 2003 Dover 2003 Dover 2004Assaults (Aggravated)Firearm 44.4% 64.1% 48.8%Knife 61.1% 84.6% 81.8%Other Dangerous Weapon 56.3% 76.2% 66.3%Hands, Feet, Other 61.8% 64.0% 75.0%

BurglaryForcible Entry 12.0% 40.2% 52.9%Unlawful Entry No Force 13.8% 56.6% 34.0%Attempted Forcible Entry 9.9% 0% 0%

Motor Vehicle TheftAutos 14.3% 25.7% 18.8%Trucks & Buses 15.5% 14.3% 20.0%Other Vehicles 12.4% 8.0 % 3.8%

ArsonStructural 24.2% 40.0% 57.1%Mobile 9.3% 100.0% 0%Other 20.3% 0% 50.0%

Traffic Accident Summary

Total Accidents* 2,366 2,321

Fatal Accidents 2 4

Personal Injury Accidents 422 419

Property Damage Accidents 1,300 1,297

Persons Killed 2 4

Persons Injured 607 556

Private Property Accidents 644 601

2003 2004

*Total does not include 677 non-reportable accidents for 2003 & 732 non-reportable accidents for 2004.

Miscellaneous Calls for ServiceMISCELLANEOUS CALLS FOR SERVICESThis refers to the category in which the dispatcher classified the call for service.

SERVICE REQUEST TYPE 2003 2004ALARMS 2,394 2,299ANIMAL 952 1,254ASSIST OTHER AGENCY 502 555CITY ORDINANCE VIOLATION COMPLAINTS 43 121DRUG OVERDOSE 23 26ESCORTS, INCLUDES CITY HALL 422 419LOCK JOCK 2,435 2,480LOST/FOUND PROPERTY 326 418LOUD MUSIC 825 867COMMUNITY SERVICE REQUESTS 1,141 695MEGAN'S LAW (SEX OFFENDER REGISTRATION) 60 94MENTAL PATIENT 263 261MISSING PERSONS 470 303NOISE 461 440PROTECTION FROM ABUSE ORDER VIOLATIONS 46 58PROPERTY CHECK 365 163PROPERTY RETRIEVAL 175 181PUBLIC ASSISTANCE 338 375SUDDEN DEATH 27 23SUICIDE (includes attempts) 52 54TRAFFIC REQUEST 130 133UNSECURED BUILDING 92 81TOTAL 11,542 11,300

Miscellaneous Calls for ServiceSTATUS/DISPOSITION OF CALLS RECEIVEDThis refers to the category in which the dispatcher or officer classified the result of the call for service

*"All Others" are miscellaneous "No Report" service related dispositions.

2003 2004

REPORT REQUIRED 7,193 7,415

NO REPORT REQUIRED 10,397 10,767

CANCELED PRIOR TO OFFICER ARRIVAL 1,003 799

CRIME PREVENTION CHECK PERFORMED 103 117

NO REPORT - AREA CHECKED W/NEGATIVE RESULTS 3,858 3,754

NO REPORT - FALSE ALARM 2,136 2,076

CLEARED - LOCK JOCK SUCCESSFUL 1,778 1,932

CLEARED - LOCK JOCK UNSUCCESSFUL 418 378

TURNED OVER TO ANOTHER AGENCY 80 40

ALL OTHERS* 3,570 3,522

TOTAL 30,536 30,800

Time Distribution HoursTIME DISTRIBUTION, HOURS 2003 2004Total on Duty 139,283.00 145,901.00Criminal Investigation 60,842.00 64,063.50Accident Investigation 5,214.00 5,201.00Special Duty 24,007.50 25,115.00Foot Patrol 1,251.50 962.50Station Duty 11,739.50 11,806.50Motor Patrol 16,329.00 18,219.50Traffic Duty 697.50 615.00Court 5,187.00 5,253.50Administrative 14,015.00 14,664.50Sick* 2,680.50 2,080.00*sick time not included in total

PERSONNEL STRENGTH 2003 2004Authorized Strength 85 87Actual Strength 82 86

MISCELLANEOUS CONTACTS 2003 2004Traffic Reprimands 3,283 4,266Crime Prevention Checks 2,394 2,645Building/Door Checks 41,135 45,162

Officers of the Quarter for 20041st Quarter :

B. Frank Fioravaniti

2nd Quarter :Kevin Kober

3rd Quarter :Robert Barrett

4th Quarter :Lonnie Feaster

Civilians of the Quarter for 20041st & 4th Quarters:

Mark Moore

2nd Quarter :Elizabeth Fay Parsons

3rd Quarter :Paul Cookson

Officer & Civilian of the Year for 2004

PFC Robert Z. Barrett

&

Animal Control Officer Mark Moore

Patrol Unit“A” Platoon “B” Platoon

“C” Platoon “D” Platoon

Awards Given by Other Agencies

M.A.D.D. Award Winners A.S.I.S. Officer of the Year

Delaware League of Local Crime Stopper’s Government’s Officer of the Year Officer of the Year

Dover Police DepartmentAnnual Report

2004

“To Protect & Serve”

BBROWN ROWN WWATER ATER UUPDATEPDATEMarchMarch 28, 200528, 2005

CITY OF DOVERCITY OF DOVERDEPARTMENT OF PUBLIC WORKSDEPARTMENT OF PUBLIC WORKS

WWATER ATER QQUALITYUALITY CCOMPLAINTSOMPLAINTS

6175

1816

5222

5530

9441

1430

25159

54144

727

942

16410

15213

1353

34142

Dec-02Jan-03Feb-03Mar-03Apr-03May-03Jun-03Jul-03

Aug-03Sep-03Oct-03

Nov-03Dec-03Jan-04Feb-04Mar-04Apr-04May-04Jun-04Jul-04

Aug-04Sep-04Oct-04

Nov-04Dec-04Jan-05Feb-05Mar-05

FLUSHING: 4/29-30/03 and 5/18-21/03

FLUSHING: 3/8/04-3/23/04

FLUSHING: 9/22/03-10/3/03

FLUSHING: 5/20/04-5/27/04

FLUSHING: 8/9/04-8/17/04

HYDRAULIC MODEL FLOW TESTING: 10/5/04

FLUSHING: 11/12/04-11/24/04

FLUSHING: 3/4/05-3/16/05

Updated March 28, 2005

WWATER ATER SSYSTEM YSTEM PPLAN OF LAN OF AACTION CTION SSUMMARYUMMARY

AAREASREAS OFOF CCONCERNONCERNFOURTEENFOURTEEN--INCH INCH UNLINED CAST UNLINED CAST IRON PIPE IRON PIPE (14” UCIP)(14” UCIP)

19551955--19591959DIVISION STREET, DIVISION STREET, BAYARD AVENUE, BAYARD AVENUE, COURT STREET, COURT STREET, ROUTE 13, PINE ROUTE 13, PINE STREET NORTH STREET NORTH ALLEYALLEY

AAREASREAS OFOF CCONCERNONCERN

TWELVETWELVE--INCH CAST IRON PIPE (12” CIP)INCH CAST IRON PIPE (12” CIP)19601960--19771977NORTH STREETNORTH STREET

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT

The Parks, Recreation, and Community Enhancement Committee Meeting was held onMarch 1, 2005, at 12:04 p.m. with Chairman Pitts presiding. Members present were Mr. Hogan,Mr. Ruane, and Mr. Truitt. Mr. Anderson was absent. Mayor Speed was also present.

AGENDA ADDITIONS/DELETIONSMayor Speed requested the addition of item #1 - “Brief Discussion of the Proposed Civic Center”.Mr. Pitts requested the addition of item #3 - “Community Report”.

Mr. Truitt moved for approval of the agenda, as amended, seconded by Mr. Ruane andunanimously carried.

Civic Center UpdateLast year, at the request of the State Bond Bill Committee, the Delaware Civic Center Corporationcommissioned C. H. Johnson to perform a Civic Center Economic Impact Study. Mayor Speedreviewed the information provided in the study. He stated that the proposed Civic Center, whichwould be located in the vicinity of Sam’s Club and Scraborough Road, is a partnership projectbetween the Civic Center Association and Delaware State University. He also noted that no otherCivic Center projects are being proposed in Delaware.

Responding to Mr. Ruane, Mayor Speed stated that this is a “Statewide” project and that the City’santicipated contribution is the land that has already been donated and the relocation of the electricsubstation, which Council approved for inclusion in the CIP. Mayor Speed noted that the City wouldbenefit from the Civic Center being a significant water, electric, and sewer customer. Anotherpositive impact from this project is an estimated 501 new jobs and approximately $20 million inassociated personal income. Mayor Speed stated that the Legislature has not yet voted on the BondBill.

Discussion - Ideas of Mayor Speed for Neighborhood ImprovementsDuring the Council Retreat held on January 21, 2005, Mayor Speed proposed consideration of aHomeownership Initiative for the Downtown area, including: monetary incentives; zoning changesto include a new, mixed-use Downtown Zone as specified in the Comprehensive Plan; nuisanceproperty enforcement; transfer tax elimination for first time home buyers; real estate tax abatementin the target area; and, elimination of conversion from Single to Multi-family homes.

Mayor Speed provided a map of the targeted area, from Mary Street to Loockerman Street andGovernor’s Avenue to West Street, which he suggested should be concentrated on at this time, andprovided information on the following:

A. Monetary Incentives:

1. Extend 1 Time Home Buyer Transfer Tax Exemption to the Sellerst

Mayor Speed stated that most municipalities currently have a first time home buyertransfer tax exemption in place for the seller and he would like to implement asimilar exemption, initially in the target area and then extended Citywide, for the

PARKS, RECREATION, AND COMMUNITY ENHANCEMENTCOMMITTEE MEETING OF MARCH 1, 2005 PAGE 2

following reasons: 1) the City of Dover is below the national average Citywide inhome ownership; and 2) it would prevent problem areas from surfacing in otherareas of the City. Had this program been in place in June 2004, the approximate costwould have been $122,000. Mr. Ruane stated tax exemption for the seller seems likea reward for moving out of the City. Responding, Mayor Speed stated that the lossof revenue assumes a static situation and assumes that the process has no effect. Anincrease in home ownership within the City will result in increased property values,which will increase tax revenues every three (3) years when the reassessment iscompleted.

Mr. Ruane moved to recommend extending the first time home buyer transfertax exemption to the seller in the target area, defined as Mary Street toLoockerman Street and Governors Avenue to West Street, seconded byMr. Hogan and unanimously carried.

2. Real Estate Tax Abatement for Home Purchasers in the Target AreaMayor Speed proposed implementing a real estate tax abatement program for anyonepurchasing homes in the target area. This could be accomplished by waiving theproperty taxes the first year and gradually increasing the percentage of the tax dueuntil the property owner is paying 100% of their tax bill. Responding to Mr. Hogan,Mayor Speed stated that this would include the purchase of homes in the target areaand would not be limited to rental properties.

Mr. Hogan moved to recommend that staff prepare an ordinance which wouldphase in tax abatement over a period of time, as follows: No taxes in the firstyear; 25% in the second year; 50% in the third year; 75% in the fourth year;and 100% the fifth year, with the stipulation that the program only be open forfive years, after which time it will automatically expire; it was also stipulatedthat the homeowner would be required to occupy the home until they are paying100% of the taxes or that they rebate any taxes that they were exempt from andthat the area of exemption be defined as being from Mary Street to LoockermanStreet and Governors Avenue to West Street. The motion was seconded byMr. Ruane and unanimously carried.

3. Partnership to Create Reduced Cost Mortgages in Target AreaMayor Speed advised members that a partnership was created with the DowntownDover Development Corporation to create reduced cost mortgages in the target areain an effort to reduce barriers to home ownership, such as qualifying for mortgages.

No further action was taken by the committee at this time.

4. Increase Community Development Downpayment AssistanceMayor Speed stated that the increase in Community Development downpaymentassistance has been implemented.


Mr. Ruane moved to recommended that Council support priority use of theCommunity Block Development Grant (CDBG) money in its five year goal planwith the focus being: 1) the Community Development Downpayment AssistanceProgram; and 2) Rehabilitation. The motion was seconded by Mr. Hogan andunanimously carried.

B. Zoning Changes:

1. New Mixed Use ZoneMayor Speed explained that the City’s Comprehensive Plan, which was originallyadopted in 1996 and updated in 2003, states that the City of Dover will have a mixeduse zone. The idea of this is to deconcentrate rental properties.

It was noted that the Planning and Inspections Department is planning to include thenew zoning classification in the Implementation Chapter of the Comprehensive Planand will be considered by City Council at that time.

2. Eliminate Single to Multi-Family Conversions in RG-1Mayor Speed stated that the City’s largest concentration of RG-1 zoning, whereconversion from single family homes to multi-family homes is permitted, is locatedin the downtown area. He suggested eliminating conversion in RG-1 only, not RG-2,in order to prevent correcting a problem in one area only to have it move to anotherarea.

Mr. Ruane moved to recommend that staff prepare an ordinance to eliminatesingle-family to multi-family conversion in the RG-1 area. The motion wasseconded by Mr. Hogan and unanimously carried.

C. Nuisance Property Enforcement:

Mayor Speed advised members that staff is researching State legislation regardingthe handling of nuisance properties, such as those with repeated or continued drug,violence, gambling and prostitution activity.

No further action was taken by the committee at this time.

Community Report - Chairman PittsMr. Pitts provided members some history of downtown Dover, explaining that although the City hasmade great improvements over the years, there are still more improvements to be made.

Ms. Lori James, representing Senator Thomas Carper, advised the committee that approximately two(2) years ago Senator Carper initiated a pilot housing initiative program, which is managed by theDover Housing Authority. She noted that although Delaware has a very good home ownership ratenationwide, Kent County has a 52% home ownership rate. Mr. Pitts noted that there areapproximately twenty (20) lots, some vacant and some with houses, in the target area that will eitherbe rehabilitated or demolished.


It was noted that the Downtown Merchant’s Association recently submitted a request that the Cityconsider the adoption of an ordinance to address vacant buildings in the downtown area. Membersfelt that vacant buildings are a problem throughout the City.

Mr. Ruane moved to recommend that during the next committee meeting, members have adiscussion regarding vacant buildings and that the Downtown Merchants Association beinvited to participate. The motion was seconded by Mr. Hogan and unanimously carried.

Mr. Truitt moved for adjournment, seconded by Mr. Ruane and unanimously carried.


Respectfully submitted,

John W. PittsChairman

JWP/rfmS:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2005\03-01-2005-PR&CE.wpd

LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE

The Legislative, Finance, and Administration Committee Meeting was held on March 14, 2005, at4:00 p.m. with Chairman Salters presiding. Members present were Mr. Hogan, Mr. Slavin,Mr. Shevock, and Mr. Shelton (arrived at 4:10 p.m.). Members of Council present were Mr. Carey,Mr. Pitts (arrived at 4:14 p.m.), Mr. Sadusky, Mr. Ritter (arrived at 6:00 p.m.), Mr. Ruane, and CouncilPresident Williams. Mayor Speed was also present.

AGENDA ADDITIONS/DELETIONSMr. Hogan moved for approval of the agenda, seconded by Mr. Slavin and unanimouslycarried.

Charter Review of the Reincorporation and Conflict with State Law and/or City Policies andProcedures - Adoption of Resolution Requesting General Assembly to Amend City Charter(Amendment to Section 52 of City Charter - Alderman; and Section 53 of City Charter -Police)During their Regular Meeting of March 7, 2005 (rescheduled from February 28, 2005), City Councilreviewed the committee’s recommendation for approval of the proposed Charter changes for theReincorporation of the City Charter with the stipulation that Section 52, Alderman, remain intact.After much discussion regarding Section 52, Alderman, of the City Charter, members of Councilreferred the matter back to the committee and requested that Deputy City Solicitor Pepper attend themeeting to allow for due diligence in understanding this issue.

Deputy City Solicitor Pepper referred to his letter, dated February 1, 2005, that was previouslysubmitted providing an explanation of his position on the elimination of the Alderman’s Court.Although it was his opinion that the Alderman’s Court should be retained and made active, in lightof the recent legislation, he indicated that Section 52 would require an amendment to provide for theappointment of the Alderman to be accomplished by the Governor and confirmed by the Senaterather than City Council.

Responding to Mr. Salters, Mr. Pepper advised members that there have been at least three (3) casesover the last 10 years when it was difficult for the City to received just results from the Justice of thePeace Court. He felt that the City should retain the Alderman’s Court if, for no other reason, thanto provide an enforcement mechanism that will be just, efficient, and speedy for resolving the City’sbuilding code and property maintenance code problems. Mr. Pepper explained that the Justice ofthe Peace Courts have many other matters that come before them to consider without having theresponsibility of learning the intricacies of the City’s building and property maintenance codes.

Mr. Hogan noted that no one has been able to determine when the Alderman Court for the City ofDover was last utilized. Mr. Pepper indicated that there was a decision in 1961 that refers to theDover Alderman. It was Mr. Hogan opinion that the few cases that have been cited when the Justiceof the Peace Court did not support the City of Dover would not warrant the need to resurrect theAlderman Court; therefore, he suggested that Section 52 of the Charter be eliminated.

Concurring with Mr. Hogan, Mr. Ruane also noted the additional expenses that would be incurredby the City if the Alderman Court was re-activated. He alluded to copies of Alderman Court TaskForce Reports that he provided to members and explained that it is evident that the majority of the

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEEMEETING OF MARCH 14, 2005 PAGE 2

Alderman Courts that are active are not self-supporting. Mr. Ruane reiterated the grave concern andinterest of Representative Wagner regarding the constitutionality and legitimacy of the AldermanCourts and reminded members that Representative Wagner has offered to convene a meeting withthe Assistant Chief Magistrate and in the future to assure an understanding of each jurisdiction. Sheeven suggested the possibility of the Magistrates participating in training sessions and conversationswith the City Solicitor’s Office as well as the City’s Inspectors so that the City can be assured of aneffective, fair, just, and swift justice from the J.P. Courts. Mr. Ruane urged members to consider thisas an alternative in lieu of re-establishing the Alderman Court.

In response to Mr. Hogan, Mr. Pepper stated that during his 15 years as Deputy City Solicitor, he isonly aware of one (1) occasion when the Alderman for the City of Dover considered a case, whichinvolved an election matter - a ruling on the candidacy of T. Magoo Dorcy. He suggested that adecision be made as to whether the City would use an Alderman Court or not and if not, he suggestedthat Section 52, Alderman, be eliminated. Noting that there would be expenses involved in settingup the Court and its maintenance, although enforcement of the code would be streamlined, hequestioned how much the City would gain. It was his opinion that members should not maintainSection 52 “just in case the City needs to use it in 20 years”. If the City is going to spend thepolitical capital trying to maintain the Court, then Mr. Pepper suggested that the City should activatethe Alderman Court.

Mr. Slavin stated that although he felt assured that with the communications and training, the Citywould be well represented by the J.P. Courts, he questioned if the City would be losing more of itsability to govern itself by eliminating the Alderman and relayed concern that it would set a precedentof future matters being taken from the City to be managed by the State.

Responding, Mr. Pepper felt that such a concern is legitimate and that the trend is present. As anexample, he reminded members of the recent land decisions that have traditionally been delegatedto the local jurisdictions that have been assumed by the State. He stated that it is apparent that someof the sovereignty that was granted to local jurisdictions has been gradually diminishing.

Mr. Hogan moved to recommend that Section 52 be deleted, seconded by Mr. Salters.

In response to Mr. Salters, Mrs. Green stated that there would be no change in her position or currentresponsibilities if she were no longer appointed to serve as Alderman, explaining that areas of theCharter which refer to the Alderman would be changed to City Clerk.

Mr. Slavin suggested that the motion include a request that the Council President consult with thebodies affected, such as J.P. Court representatives and Representative Wagner, prior to thecommittee’s recommendation being presented to Council for final action.

Mr. Hogan agreed to modify his motion to request that the Council President meet with those localrepresentatives she feels necessary to discuss this issue. The seconder, Mr. Salters, concurred.

The motion recommending that Section 52, Alderman, of the City Charter be deleted and thatthe Council President meet with local representatives to discuss this issue prior to the RegularCouncil Meeting scheduled for March 28, 2005, was unanimously carried.


Members also considered a proposal submitted by Police Chief Horvath to amend Section 53, Police,of the City Charter. The proposed amendments would address conflicts with State Law and/or Citypolicies and procedures.

Referring to the first sentence of Section 53, Mayor Speed explained that by adding “and mayor”recognizes the Mayor’s authority to veto Council action and that by eliminating “but they shall bechosen and appointed by the Mayor”, recognizes that although the Mayor appoints the Chief ofPolice, the police officers are the responsibility of the Chief.

It was Mr. Ruane’s opinion that by adding the mayor to the salary determination for the police, ineffect, Council would be providing the Mayor with the opportunity to control the budget for thePolice Department. He also cautioned members that any changes should be in concert with theDover Code, which Section 18-1(b) relates to the salary for police officers.

Mr. Hogan moved to recommend that the changes proposed in the first sentence of Section 53(lines 962 and 963) not be made, and approval of the changes proposed in the remainder ofSection 53 (lines 964 through 976). The motion was seconded by Mr. Slavin and unanimouslycarried.

Mr. Hogan moved to recommend adoption of the Resolution requesting the General Assemblyto Amend the City Charter as presented and amended (Attachment #1). The motion wasseconded by Mr. Slavin and unanimously carried.

Mr. Hogan moved to recess, seconded by Mr. Shelton and unanimously carried. Meetingrecessed at 4:50 p.m. and reconvened at 6:00 p.m.

Revised Revenue ManualMembers reviewed the City of Dover 2005-2006 Revenue Manual, which included the top revenuesources, revenue guidelines, inventory of revenue sources, and future potential revenue sources.

Mrs. Tieman, Administrative Services Director, explained that the Revenue Manual is an inventoryof all the City’s revenues to assist Council, staff, and the public an understanding and ability to trackall of the various revenue sources to the City. The manual includes: 1) a list of the top revenuesources over the past three (3) years; 2) guidelines for how often the manual should be updated anddifferent revenues should be reviewed; 3) an inventory of all revenue sources with detailedinformation on rates, dates established and last reviewed, projection method, collection method, andbenchmarks; 4) a list of potential new revenue sources; and 5) indexes for the revenue sources.Based on the established guidelines, she stated that staff has been requested to review certainrevenues for updating, as follows:

Penalties Water & Sewer Public Occupancy PermitBoat Licenses Grass CuttingElectric New Service Fees Taxi LicenseInternet Service Bicycle LicensesMisc. Library Revenue Police Extra DutyMobile Home Licenses Water Customer Installation


If a department wishes to change any of these fees, Mrs. Tieman assured members that they will bepresented to Council in advance and then incorporated into the 2006 budget.

Referring to the future potential revenue sources, Mrs. Tieman noted that Engineering Plan ReviewFee for Public Works Department will be reviewed and added. She welcomed any other ideas thatmembers may have regarding potential revenue sources.

Mr. Ruane referred to the list of Top Revenue Sources by Fund, and suggested that staff be requestedto provide benchmarks. He noted that property taxes, as a percentage of all revenues, has actuallydecreased over the years rather than increasing. He explained his interest in determining whichrevenue sources, to what extent, the City of Dover is more dependent on as compared to othermunicipalities (i.e. permits and other licenses as opposed to property taxes). Mr. Ruane advisedmembers that one of the major criticism being relayed to him by our citizens is that the City isbecoming increasingly dependent on fees as opposed to property taxes. He explained that a propertytax increase would provide many residents a deduction on their income taxes; however, the fees forservices cannot be a tax deduction. Therefore, he would appreciate staff providing an understandingof the City’s comparison with other municipalities in terms of percentage of revenue expectationsfrom the various categories.

Mr. Hogan moved to recommend acceptance of the Revised Revenue Manual for 2005-2006,seconded by Mr. Slavin and unanimously carried.

State of the City Budget - Mid-Year Review and Proposed Budget Revision OrdinancesStaff presented the State of the City Budget - Mid-Year Review of the 2004/2005 Budget (as on filein the Office of the City Clerk), and proposed budget revision ordinances for the committee’s review.The purpose of the report is to give Council a mid-year depiction of the City’s operating expensesand revenues for all City budgets.

Mrs. Tieman, Director of Administrative Services, advised members that it is projected that theGeneral Fund Budget balance will decrease by $11,403 to $2,192,963. This is due to lower thanprojected revenues in the beginning balance, permits and other licenses, and civil traffic penalties.She assured members that the 8% fund balance requirement will be met. The Water/WastewaterFund Budget balance is projected to decrease by $853,823 to $1,276,972, which is primarily due torevenue estimates being revised downward to reflect actual results. The Electric Fund Budgetbalance will decrease by $55,200 to $3,466,290, which is the result of increased costs associatedwith the need to install infrastructure due to new construction in the City. In reviewing the revisedbudgets this year, Mrs. Tieman stated that it has been necessary to increase gasoline expensesbudgets to reflect actual expenses throughout the City’s department budgets, totaling an additional$71,463. Because of the lower than anticipated revenues in the General Fund and theWater/Wastewater Fund, staff did not recommend the sweeping of the salary accounts into the post-retirement benefits reserve at this time. If additional revenues are realized or expenses are reducedin the remainder of the year, the sweeping of the salary accounts would occur at that time.


Mrs. Mitchell, Finance Director/Treasurer, submitted proposed budget revision ordinances thatwould incorporate the recommended adjustments to the budget balances into the fiscal year 2005Budget. She noted that the ordinances only reflects changes to affected budgets and does not includeall budgets. Staff recommended adoption of the proposed budget revision ordinances as presented.

Mr. Hogan moved to recommend adoption of the budget revision ordinances as recommendedby staff (Attachment #2). The motion was seconded by Mr. Slavin and unanimously carried.

Revised Hospitality PolicyMrs. Mitchell, Finance Director/Treasurer, submitted a revised Hospitality and Civic Function Policyfor the committee’s review. She explained that the revisions simplify the policy, eliminateambiguity, and will help resolve interpretation issues.

Mr. Slavin moved to recommend adoption of the Revised Hospital Policy (Attachment #3),seconded by Mr. Hogan and unanimously carried.

Proposed Resolution - Investment Post-Retirement Medical BenefitsMrs. Mitchell, Finance Director/Treasurer, indicated that the City currently has appropriated $2.3million for post-retirement medical benefits in preparation for the upcoming required accountingrequirement (GASB 43). These funds are currently invested in the City’s fixed income investmentportfolio with Wilmington Trust Company with a current average annual yield of 3.3%.

Mrs. Mitchell advised members that the State of Delaware created an investment pool for localgovernments (DELRIP) and that the State Public Employment Retirement System (PERS)annualized total returns for FY2004 was 15.9%. Relative to other public pension funds, the rankingof the System’s performance is above the median for the latest fiscal year, in the top 25% over thelast five (5) years, and in the top 10% over the last ten (10) years. In order to attain a more favorablereturn and growth of the fund, Mrs. Mitchell recommended transferring the invested assets andadoption of a Resolution authorizing the investment of the City’s Post-Retirement Medical funds inthe State of Delaware Local Government Retirement Investment Pool.

Mr. Slavin moved to recommend adoption of the Resolution (Attachment #4) as recommendedby staff, seconded by Mr. Hogan and unanimously carried.

Mr. Hogan moved for adjournment, seconded by Mr. Shelton and unanimously carried.



Reuben SaltersChairman

RS/jgS:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2005\03-14-2005 LF&A.wpd

AttachmentsAttachment #1 - Resolution Requesting the General Assembly to Amend City Charter (Reincorporation)Attachment #2 - Proposed Budget Revision OrdinancesAttachment #3 - Revised Hospitality PolicyAttachment #4 - Resolution Authorizing Investment of Post-Retirement Benefit Funds with State

ATTACHMENT #1LF&A minutes of 03/14/2005

BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN

COUNCIL MET:

That the General Assembly of the State of Delaware is hereby requested that the Charter of the

City of Dover be consolidated into one complete Act and in certain respects further amended and

revised Subpart A, Charter, Sections 1 through 61, and Subpart B, Related Laws, Sections 1

through 3.

ADOPTED: *S:\ClerksOffice\Attachments and Exhibits\Committee Attachments\2005\03-14-2005 LF&A - Attachment #1 Cover.wpd

of 36

ATTACHMENT #1 (continued)LF&A Minutes of 3/14/2005

AN ACT TO REINCORPORATE THE TOWN OF DOVER.

1 WHEREAS, it is deemed advisable that the Charter of the City of Dover, set forth in 36 Del. Laws c. 158, with

2 subsequent amendments, be consolidated into one complete Act and in certain respects further amended and revised.

3 NOW, THEREFORE:

4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected

5 to each house thereof concurring therein):

6 "CHARTER OF THE CITY OF DOVER

7 ARTICLE I. GENERAL PROVISIONS

8 Sec. 1. Municipal corporation continued; boundaries.

9 The municipal corporation of the State of Delaware, known as "The City of Dover" shall continue to be a body

10 politic and corporate. The boundaries of the City of Dover are hereby established and declared as recorded on the official

11 map of record in the Recorder of Deeds Office for Kent County and State of Delaware as presently existing and as hereinafter

12 amended.

13 Sec. 1A. Procedure to extend boundaries.

14 In order to extend the boundaries of The City of Dover the council shall adopt a resolution proposing the inclusion

15 of territory or territories within the limits of The City of Dover and calling for a special election to be held in said territory

16 or territories in accordance with Title 22, Chapter 1, Section 101, Delaware Code insofar as applicable. Said resolution shall

17 contain a description of the territory or territories proposed to be annexed and shall specify the date of such election, which

18 shall be not less than thirty (30) nor more than sixty (60) days after the adoption of said resolution, and the place or places

19 of said election. Said resolution shall be published in at least two (2) issues of a newspaper of general circulation within the

20 City of Dover at least two (2) weeks prior to the day of said election.

21 Elections may be held in more than one of said territories on the same day, but the said elections shall be separate;

22 only the votes of qualified voters of a territory as herein described shall be counted in the election to determine whether the

23 territory shall be annexed.

24 Any such election shall be held by the election officers of the election district or districts of Kent County which shall

25 include the territory proposed to be annexed. Every person eighteen (18) years of age or upwards who is duly registered upon

26 the books of registered voters for said election district, or districts, who is a resident of the territory proposed to be included

27 within the limits of the City of Dover, and who does not own real estate within said territory shall be entitled to one vote at

28 the election to determine whether said territory shall be annexed; and every person who is the owner of real estate within a

Attachment #1 - March 14, 2005

An Act to Reincorporate the Town of Dover LF&A Committee Report

Page 2 of 36

29 territory proposed to be included assessed to him on the assessment records of Kent County, shall be entitled to one vote.

30 Owners of real estate in common shall be entitled to one vote each. Life tenants shall be entitled to one vote each but the

31 holders of the remainder interest or similar interest subject to the life estate shall not be entitled to vote. Corporations, firms

32 or associations shall be entitled to one vote, the same as private persons.

33 The Council of the City of Dover shall provide the ballots for any such election and shall bear the cost of holding

34 such election. The ballots shall briefly indicate the territory proposed to be included and shall provide two boxes on the ballot

35 beside which shall appear the words "FOR inclusion within The City of Dover," and "AGAINST inclusion within The City

36 of Dover." Each voter shall indicate his preference by making a mark in pencil within the box beside the words expressing

37 his preference.

38 At any such election the polls shall be open from 11:00 a.m. to 8:00 p.m. When the polls are closed the election

39 officers shall publicly count the votes and forthwith certify to the clerk of the council the number of votes cast for and against

40 inclusion within the city limits. At the next regular or special meeting of the council the mayor and council shall receive the

41 results of the election and make the same a part of the minutes of said meeting.

42 If a majority of the votes cast in an election held in a territory proposed to be annexed shall be in favor of the

43 inclusion of that territory, the council may thereupon adopt a resolution annexing said territory and including same within

44 the limits of The City of Dover. Upon the adoption of a resolution of annexation a copy thereof certified by the clerk of

45 council and a plot of the area annexed shall be forthwith filed for record with the Recorder of Deeds of Kent County, and the

46 area so annexed shall for all purposes thenceforth be part of The City of Dover.

47 If a majority of the votes cast in an election held in a territory proposed to be annexed shall be against the inclusion

48 of that territory within the limits of The City of Dover, the proposed annexation of said territory shall be declared to have

49 failed. Nothing in this Charter shall prohibit the council from resubmitting a proposal of annexation to the voters of said

50 territory, or any portion thereof, under the authority of this section and in accordance with the provisions thereof.

51 Sec. 2. Status, general corporate powers, specific provisions for condemnation of property.

52 The inhabitants of the City of Dover within the boundaries defined in Section 1 of this Charter, or within the

53 boundaries hereafter established, shall continue to be a body politic and corporate, by the name of "The City of Dover," and

54 under that name shall have perpetual succession; may have and use a corporate seal; may sue and be sued; may hold and

55 acquire by purchase, gift, devise, lease or condemnation, real property and personal property within or without its boundaries

56 for any municipal purpose, in fee simple or lesser estate or interest, and may sell, lease, hold, manage, and control such

57 property as its interest may require; and shall have all other powers and functions requisite or appropriate for the government



Page 3 of 36

58 of the city, its peace and order, its sanitation, appearance and beauty, the health, safety, convenience, comfort and well-being

59 of its population, and the protection and preservation of property, public and private.

60 Whenever it shall be necessary for any municipal purpose to condemn any real property or personal property under

this Charter, except as is herein otherwise specifically provided, the Council must follow applicable State Law. 61 procedure

62 shall be as follows, to wit:

63 The council shall, by a majority vote, adopt a resolution favorable to the acquisition of such real

64 property or personal property, as the case may be, giving a sufficient description of such property, whether

65 real or personal, as shall identify said property and as shall determine the amount of the property proposed

66 to be taken. The said resolution shall also state the day, hour and place when the said council will sit to

67 hear objections and to award just and reasonable compensation to any one who will be deprived of

68 property. A copy of such resolution shall be posted in five (5) or more public places in the city at least five

69 (5) days before the day fixed for the hearing aforesaid.

70 At the time and place fixed in the said resolution, said council shall hear such residents of the city

71 or owners of the property affected as shall attend, and shall at said meeting, or at a subsequent day, as they

72 shall deem proper, adopt a resolution by a majority vote to proceed with or to abandon, the proposed

73 acquisition of the property mentioned in the original resolution, as they shall deem for the best interest of

74 the said city. And in case the determination of the said council shall be to proceed with the plan

75 contemplated by the resolution first aforesaid, they shall also award just and reasonable compensation to

76 anyone who will be deprived of property in consequence thereof. Such compensation, if any be awarded,

77 shall be paid by the treasurer of the city, on a warrant drawn on him by authority of the council aforesaid.

78 If anyone who will be deprived of property as aforesaid be dissatisfied with the compensation awarded by

79 the council aforesaid, he may within five (5) days after the award of the council, as aforesaid, appeal from

80 such award by serving written notice to that effect on the city manager. In order to prosecute said appeal

81 such appellant shall, within five (5) days after the expiration of the five (5) days allowed for the appeal as

82 aforesaid, apply to the Judge of the Superior Court for the State of Delaware resident in Kent County, or

83 in his absence at said time, to the chief justice of the said court, for the appointment of freeholders to hear

84 and determine the matter of compensation to such appellant for any property of which he will be deprived

85 as aforesaid, and thereupon the said judge or chief justice, as the case may be, shall issue a commission

86 under his hand directed to five (5) impartial freeholders of Kent County commanding them to determine



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87 and fix the damages which the said appellant will sustain by reason of being deprived of any property as

88 aforesaid, taking into consideration the benefits or advantages that will enure to the said appellant, and to

89 make return of their findings to the said judge or chief justice, as the case may be, at a time therein

90 appointed. The said freeholders shall give notice of the day, hour and place when they will meet to view

91 the premises and to assess the damages, if any, as aforesaid. Such notice shall be served upon the appellant

92 personally, or by posting a copy on the premises affected at least five (5) days before the day when they

93 are to view the premises as aforesaid and a copy of such notice shall also be served on the city manager

94 at least five (5) days before the day of such meeting.

95 The freeholders named in such commission, being first sworn or affirmed, on the day and at the hour and place stated

96 in the notice aforesaid, shall view the premises and hear the appellant and his witnesses and the council and their witnesses,

97 and shall without delay, determine and fix the damages, if any, which the said appellant will sustain by reason of being

98 deprived of any property as aforesaid. Thereupon and without delay the said freeholders shall make return in writing of their

99 proceedings in the premises to the said judge or chief justice, as the case may be, who shall cause the said return to be

100 delivered to the said city manager and such return shall be final and conclusive. The said judge or chief justice shall have

101 power to fill any vacancy among the freeholders. The amount of damages being ascertained as aforesaid, the said council

102 may pay or tender the same to the person or persons entitled thereto, within one month after the same shall be finally

103 ascertained, or may deposit the same to his or her credit in any bank in the city to the credit of the person or persons entitled

104 thereto within the said period of one month, and thereupon the said council may carry into effect the plan contemplated in

105 their resolutions aforesaid. In the ascertainment and assessment of damages by the freeholders appointed by the judge or chief

106 justice aforesaid, if the damages shall be increased, the costs of the appeal shall be paid by the treasurer of the city out of any

107 money in his hands belonging to the city, but if said damages shall not be increased the costs of the appeal shall be paid by

108 the party appealing. The fees to the freeholders shall be five dollars ($5.00) per day to each, which shall be taxed as part of

109 the costs.

110 Sec. 3. Enumeration of power not exclusive; manner of exercise of powers; employee pension, benefit and retirement

111 systems authorized.

112 The enumeration of particular powers by this Charter shall not be held or deemed to be exclusive but, in addition

113 to the powers enumerated herein, implied thereby, or appropriate to the exercise thereof, it is intended that The City of Dover

114 shall have, and may exercise, all powers which, under the Constitution of the State of Delaware, it would be competent for

115 this Charter specifically to enumerate. All powers of the City, whether expressed or implied shall be exercised in the manner

116 prescribed by this Charter, or, if not prescribed herein then in the manner provided by ordinance or resolution of the council.



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117 The City of Dover is hereby authorized, empowered and permitted to establish a system of pensions or benefits

118 through group insurance or otherwise as may be found proper and necessary, providing for life, accident, health,

119 hospitalization and death benefits, or any or either of them, for the regular employees of the said "The City of Dover." The

120 said "The City of Dover" is hereby authorized, empowered and permitted to enter into an agreement or agreements with one

121 or more insurance companies to provide a group insurance plan or plans, as may be required or proper to carry out such

122 system of pensions or benefits. The election to exercise such authority on the part of the city shall be evidenced by an

123 ordinance or resolution duly adopted by the Council of The City of Dover as other ordinances or resolutions are adopted, and

124 the same shall be recorded in the official minutes of the said council. Such ordinance or resolution shall provide for and

125 establish a fund for the payment of the costs of such pension system or benefits by making appropriations out of the treasury

126 of the said "The City of Dover," or by requiring contributions payable from time to time by the employees included in such

127 plan or plans, or by a combination of both, or by any other method not prohibited by law. The participation in any plan

128 adopted shall be deemed to be mandatory by the City of Dover and made a condition of employment and continuing

129 employment.

130 The city council shall have power to enact ordinances for a pension or retirement system for the police of the City

131 of Dover, and to set aside a special fund for that purpose which fund shall be administered in accordance with ordinances

132 made and provided in that behalf and the laws of the State of Delaware.

133 Notwithstanding any statute to the contrary, the City of Dover shall have the power by ordinance to impose and

134 collect a tax, to be paid by the transferor or transferee as determined by council, upon the transfer of real property within the

city not to exceed one and a half 135 percent (1.5%) of the value of the real property as represented by the document transferring

136 the property. The provisions of Section 5401 and Section 5403 of Chapter 54, Title 30 of the Delaware Code shall apply with

137 respect to any realty transfer tax imposed by the City of Dover pursuant to the authority granted herein. The Council of the

138 City of Dover may adopt an ordinance or ordinances to provide for the effective administration and regulation of any tax

139 adopted pursuant to the authority conferred herein. If the taxing power and authority granted herein shall be exercised by

140 way of a stamp affixed to a document, the recorder of deeds in and for Kent County shall not receive for record documents

141 subject to said tax unless stamps provided by the City of Dover are affixed thereto showing payment of the tax.

142 ARTICLE II. MAYOR AND COUNCIL

143 Sec. 4. Government vested in mayor and city council.

144 The government of the said city and the exercise of all the powers conferred by this Charter (except as otherwise

145 provided herein) shall be vested in a mayor and city council.



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146 Sec. 5. Council to be legislative body; size; districts; terms of mayor and councilmen; qualifications.

147 The council shall be the legislative body of the city and composed of nine (9) members nominated and elected as

148 herein provided.

149 In order that the members of council shall be distributed over the city, the city shall be divided into four (4) election

150 districts, the district boundaries of which shall be established by council so that the districts are nearly equal in population

151 as shown by the most recent federal decennial census. The district boundaries established for municipal elections shall

152 continue in effect until the next succeeding federal decennial census is made available for use by municipalities in the State

153 of Delaware, at which time council shall redistrict the city so that the districts shall be nearly equal in population in

154 accordance with said census, which redistricting shall be used for the next regular municipal election, which procedure shall

155 be followed by council after each succeeding federal decennial census in this manner so that the districts shall be maintained

156 as nearly equal in population as possible at all times.

157 The term of mayor shall be for a period of two (2) years commencing on the second Monday in May following his

158 election and continuing for a term of two (2) years until the second Monday in May or until his successor has been duly

159 elected and qualified.

160 The term of the councilmen shall be for two (2) years. In each regular municipal election held in an odd numbered

161 year, five (5) councilmen shall be elected, four (4) by district voting being from the districts and one at-large as stated herein.

162 In each regular municipal election held in an even numbered year, four (4) councilmen shall be elected by district voting from

163 each of the districts of the city.

164 In order to be eligible to be elected as mayor or as a member of council, the person must as of the date of the election

165 be:

166 (1) A citizen of the United States and of the State of Delaware;

167 (2) A resident of the city and having continuously resided therein or in an area annexed to the city during the

168 two (2) years next preceding the day of the election;

169 (3) A resident of the election district from which he is seeking election, unless he is seeking election as an

170 at-large councilman or mayor;

171 (4) Twenty-one (21) years of age; and

172 (5) Nominated therefor, as hereinafter provided.



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173 If a councilman files and runs for mayor, whether or not he is elected to said office, the term as councilman shall

174 automatically expire on the second Monday of May on the year of the election; and if he has a year remaining on his term,

175 then his office as councilman shall be filled at the same annual election in which he has filed to run for the office of mayor.

176 Sec. 6. Municipal election dates.

177 Regular municipal elections shall be held each year on the third Tuesday in April and shall be known as regular

178 municipal elections. All other municipal elections that may be held shall be known as special municipal elections. At the

179 regular municipal election held on the third Tuesday in April of any odd numbered year, five (5) councilmen shall be elected

180 for a term of two (2) years, four (4) of whom shall be elected by district voting from each of the districts as designated by

181 council and one of whom shall be elected by at-large voting by all voters of the city, as provided in Section 5 of this Charter.

182 At the regular municipal election held on the third Tuesday in April of any even numbered year, four (4) councilmen shall

183 be elected by district voting from each of the districts as designated by council for a term of two (2) years, and a mayor shall

184 be elected by the voters of the city for a term of two (2) years, as provided in Section 5 of this Charter.

185 Sec. 7. Nomination petitions for candidates for council and mayor.

186 The mode of nomination of candidates for the council and for mayor shall be by petition, signed by not less than

187 ten (10) nor more than twenty-five (25) electors of the city, filed with the clerk of council on or before 4:00 p.m. on the

188 second Friday of February of each year for candidates for council and on or before 4:00 p.m. on the last working day in

189 January for candidates for mayor in the years when a mayor is to be elected. Should the second Friday of February fall on

190 a legal holiday, the filing date shall be 4:00 p.m. on the next working day thereafter which is not a legal holiday.

191 Whenever a petition nominating a person for the office of mayor or councilman shall have been filed as above

192 prescribed, the name of such person shall be printed on the ballot for the regular municipal election as a candidate for the

193 office for which he was nominated, provided he possesses the qualifications prescribed by this Charter for a candidate for

194 such office.

195 No nominating petition shall designate more than one person to be voted for as a member of council or as mayor.

196 The signers of a nominating petition for a member of the council must be electors of the city residing in the city

197 election district in which the nominee resides; but the signers to the nominating petition for the mayor and for the at-large

198 councilman may be city electors residing in the city at-large.

199 There must be attached to each nominating petition an affidavit of the circulator thereof, stating the number of

200 signers and that each signature appended thereto was made in his presence, and is the genuine signature of the person whose

201 name it purports to be, and that all of said signers are entitled to vote at the regular municipal election referred to; and, in the

202 case of a petition nominating a candidate for councilman running from a particular district and to be elected by district voting,



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203 that the circulator of the petition verily believes that each signer of said petition is a resident of the same city election district

204 in which the nominee resides.

205 With each signature shall be stated the place of residence of the signer, giving the street and number or other

206 description sufficient to identify the same. The form of the nominating petition shall be substantially as follows:

207 We, the undersigned, electors of The City of Dover, hereby nominate ________________, who

208 resides in the ________________ City District of the said City of Dover, for the office of

209 Councilman (or for the office of Mayor as the case may be) to be voted for at the regular

210 municipal election to be held in the said City, on the ________ day of _________ in the year

211 ________; and we individually certify that we are qualified to vote for a candidate for the office

212 named, and that we have not signed any other nominating petition for that office, and that our

213 places of residences are truly stated after our signatures.

214 Name __________

215 Street and Number __________

216 (Space for Signatures)

217 STATE OF DELAWARE

218 KENT COUNTY

219 SS.

220 ________________ being duly sworn (or affirmed) deposes and says that he is the circulator of

221 the foregoing petition paper containing ________________ signatures, and that the signatures

222 appended thereto were made in his presence, and are the signatures of the persons whose names

223 they purport to be, and that he verily believes the residence of each signer thereof to be truly

224 stated, and that all of said signers are entitled to vote at the regular municipal election referred to

225 in said paper; and, in case the petition is nominating a candidate for councilman to be elected

226 from a specific district by district voting, that each signer of said petition is a resident of the same

227 city election district in which the nominee resides.

228 (Signed) __________

229 Subscribed and sworn to (or affirmed) before me this ________ day of _________

230 __________Justice of the Peace (or Notary Public)



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231 Sec. 8. Time and place of elections; election board; counting of votes; determination of winners; tie votes; persons

232 eligible to vote; voter registration; official ballots and voting machines; absentee ballots.

233 The regular municipal election shall be held annually on the third Tuesday of April. At each such regular municipal

234 election, the polls shall be opened at 7:00 a.m. and closed at 8:00 p.m. The council may designate the places of election and

235 make all necessary rules and regulations not inconsistent with this Charter or with other laws of the State of Delaware for the

236 conduct of elections, for the prevention of fraud in elections, and for the recount of ballots in case of doubt or fraud.

237 All elections shall be held by an election board which shall consist of the alderman and the necessary number of

election board members as determined and designated by the election board. The alderman City Clerk 238 may designate such

239 other persons as he shall deem necessary to assist the members of the election board in the conduct of the election and

240 counting of the ballots. Should any or all of the members of the election board be absent from the place of election at 7:00

241 a.m. on the day of the election or fail or neglect to act in the conduct of such election during the time the polls are open and

242 until the ballots are counted and the results of the election certified, the voters of the city present at such time may choose

243 from the qualified voters of the city such person or persons as shall be necessary to fill places made vacant by the absence

244 or neglect aforesaid.

245 When the polls are closed, the election board shall publicly count the votes and shall certify the results of the election

246 to each of the persons selected and to the council. The candidate for the office of mayor who receives the highest number

247 of votes cast for that office shall be declared to be elected mayor; the candidate for the office of at-large councilman who

248 receives the highest number of votes cast for that office shall be declared to be elected at-large councilman; and the candidates

249 for the offices of councilmen from each district who receive the highest number of votes cast by voters who reside in that

250 district and cast votes for councilmen of that district shall be declared to be elected to that office. In the event of a tie vote

251 for any office, a special election for said office(s) only shall be held within thirty (30) days and the registration books shall

252 remain closed until the outcome of the special election is determined.

253 Every resident of the City of Dover who shall have reached the age of eighteen (18) years by the time of the election

254 and who is properly registered to vote shall be entitled to vote at all regular or special municipal elections. A voter will be

255 considered properly registered to vote if he is properly registered to vote for state elections in accordance with Title 15 of

256 the Delaware Code as amended.

257 The council shall provide for the use of voting machines in all regular and special municipal elections in conformity

258 with Title 15 of the Delaware Code by ordinance duly adopted by council. Voting machines shall be used in accordance with

259 Title 15 of the Delaware Code and by ordinance duly adopted by council. The names of the candidates for each office shall



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260 be listed in alphabetical order on the voting machines under the name of the office to which they seek election. The voters

261 shall designate their choice of candidates in accordance with the regular method of operation of voting machines. The council

262 may provide sample ballots plainly marked as such and printed on paper of any color except white to be distributed to any

263 voter or candidate who requests them prior to or during the election.

264 Any qualified voter, duly registered, who shall be unable to appear to cast his ballot at any election either because

265 of being in the public service of the United States or of this state, or because he will be unavoidably absent from the city on

266 the day of the election, or because of his sickness or physical disability may cast a ballot at such election by absentee ballot

267 to be counted in the total of such election. The council may provide the rules and regulations for such absentee voting by

268 ordinance for all elections.

269 Sec. 9. Meetings of mayor and council--Generally.

270 At 7:30 p.m. on the second Monday in May following a regular municipal election, the mayor and council shall meet

271 at the usual place for holding council meetings and the newly elected officers shall assume the duties of office, being first duly

272 sworn or affirmed to perform their duties with fidelity. Such meeting shall be called or known as the annual meeting.

273 Thereafter, the council shall hold regular meetings at such times as may be prescribed by ordinance, but not less frequently

274 than once each month. Special meetings may be called and held as prescribed by ordinance. All meetings of the council shall

275 be open to the public except scheduled executive sessions.

276 At the annual meeting held on the second Monday in May, the members of council shall elect one of their members

277 to serve as council president, such term to be in effect until the next regularly scheduled annual meeting or until a successor

278 is elected. The council president shall serve as vice-mayor. Council president shall preside over regular and special council

279 meetings.

280 The mayor shall preside over the annual meeting and quarterly town meetings, and at the annual meeting present

281 a state of the city message and offer mayoral appointments for council confirmation. The mayor, upon recommendation from

282 the council president, will present council appointments for council approval.

283 In the event of absence of the council president, then the senior member of council in terms of length of service as

284 a councilman shall assume the duties of the council president and shall be designated council president acting. In the event

285 that two (2) or more members of council have the same seniority in terms of length of service as a councilman, then the

286 members of council shall vote and elect one of those as council president acting. Council president acting shall fulfill all of

287 the duties and responsibilities of council president during his period of unavailability or absence.



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Sec. 10. Same Meetings of Mayor and Council288 --Procedure.

289 Five (5) of the members elected to the council shall constitute a quorum to do business, but a less number may

290 adjourn from time to time and may compel the attendance of absent members in such manner and under such penalties as may

291 be prescribed by ordinance.

292 No ordinance, resolution, motion or order shall be valid unless it shall have (1) the affirmative vote of a majority

293 of the members elected to the council, and (2) the written approval of the mayor, or the vice-mayor in those cases where the

294 vice-mayor is authorized to act as mayor as provided in section 15 hereof, provided that in the absence of such approval by

295 the mayor, or the vice-mayor as the case may be, the council may, after not less than seven (7) days nor more than thirty-five

296 (35) days after the prior vote, pass or adopt the said ordinance, resolution, motion or order which did not receive the approval

297 of the mayor, or the vice-mayor, by the affirmative vote of two-thirds of the members elected to council.

298 Whenever the council shall adopt an ordinance, resolution, motion or order, it shall be the duty of the mayor, or the

299 vice-mayor, to signify his approval or disapproval thereof in writing to the clerk of the council within seven (7) days

300 thereafter. The clerk of the council shall forthwith notify the members of the council of such approval or disapproval.

301 Motions to adjourn meetings of council and orders to compel the attendance of absent members shall not require

302 the approval of the mayor or vice-mayor.

303 A councilman may abstain from voting on a matter that he feels would involve the consideration of his own official

304 conduct, on a matter in which he has a financial interest, in a matter in which he has a conflict of interest or in accordance

305 with a policy adopted by council.

306 The yeas and nays shall be taken upon the passage of every ordinance and resolution and entered together with the

307 text of the ordinance or resolution upon the journal of the proceedings of the council. The journal shall be deemed conclusive

308 evidence of the facts stated therein except in the case of fraud.

Sec. 11. Council to be judge of election results 309 and qualification of members; power to fix procedure.

The council shall be the judge of the election results 310 and qualification of its members and, in such cases, shall have

311 power to subpoena witnesses and compel the production of all pertinent books, records and papers; but the decision of the

312 council in any such case shall be subject to review by the courts. The holding over members shall constitute the council for

313 the purpose of determining election contests. The council shall determine its own rules and order of business and keep a

314 journal of its proceedings. It shall have power to compel the attendance of absent members, and may punish its members for

315 disorderly behavior.



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316 Sec. 12. Compensation and expenses --Mayor and council and other elected or appointed officials.

317 The council shall determine the annual salary and emoluments of the mayor and council and other elected or

318 appointed officials by ordinance. Members of the council, the mayor and other elected or appointed officials shall receive

319 reimbursement for actual and necessary expenses incurred when on official business as prescribed by city ordinance or policy.

320 Sec. 13. Filling vacancies for council [or mayor.]

321 The loss of residence in the city, the loss of residence in the state, the removal from the district where he resided at

322 the time of his election, in the case of a councilman, or the conviction of any crime involving moral turpitude during the term

323 for which he was elected, shall create a vacancy in the office either of mayor or councilman. In the case of any such vacancy

324 or of any vacancy created by death, resignation or otherwise for which said vacancy shall be less than six (6) months in

325 duration, the council shall fill such vacancy. If such vacancy should be in excess of six (6) months in duration, a special

326 election shall be held to fill such vacancy, this special election to be held no sooner than thirty (30) days from the date of the

327 vacancy, but said special election to be held no later than sixty (60) days after the date of the vacancy.

328 Sec. 14. Duties of mayor.

329 The mayor shall be the executive and chief official of the city. He shall have the powers and perform the duties

330 conferred and imposed by this Charter and ordinances of the city. The mayor shall preside at the annual meeting of the

331 council and at all quarterly town meetings. The council president shall preside at all other meetings of the council. The

332 mayor shall have no vote on council matters of any nature whatsoever. The mayor is an ex officio member of all committees,

333 but shall have no vote.

Sec. 15. Council President/334 Vice-mayor, duties of.

335 At each annual meeting, the council shall elect one of their number as council president who shall also serve as

336 vice-mayor. During a vacancy in the office of mayor or during the absence or disability of the mayor, the vice-mayor shall

337 have all the powers and duties of the mayor, except as hereinafter provided. The council president and vice-mayor shall retain

338 his right to vote as councilman at all times although he may be acting as the mayor, unless the mayor's absence appears to

339 be indefinite or extended, in which case council shall pass a resolution appointing the vice-mayor as mayor until the mayor's

340 position is either filled in accordance with section 13 hereof or the mayor returns to his duties, which resolution shall provide

341 that the vice-mayor shall have the right to approve or disapprove council action in accordance with section 10 hereof, in which

342 case the vice-mayor shall lose his vote as councilman until further action is taken by council.

343 Sec. 16. Clerk of council.

344 The council shall choose a clerk, who shall keep a record of the proceedings of the council and perform such other

345 duties and have such powers as may be prescribed by ordinance.



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346 Sec. 17. City treasurer

347 At the annual meeting the council shall elect a city treasurer to hold office until the next annual meeting of the

348 council, or until his successor has been duly chosen and qualified, but subject to removal at any time by the council.

349 The city treasurer shall be the custodian of all the city funds and shall deposit them in a banking institution

designated by the council. NOTE: This Section was previously a part of Section 42350

Sec. 17 18351 . Ordinances [authorized; maximum penalty for violation.]

352 The council is hereby vested with the authority to adopt ordinances of every kind relating to any subject coming

353 within the powers and functions of the city, or relating to the government of the city, its peace and order, its sanitation,

354 appearance and beauty, the health, safety, convenience and comfort of its population, and the protection and preservation of

355 property, and to fix and impose and enforce the payment of, fines and penalties for the violation of any such ordinance;

356 provided that no fine or penalty shall exceed the sum of one thousand dollars ($1,000.00); and no provision in this Charter

357 as to ordinances on any particular subject shall be deemed or held to be restrictive of the power to adopt ordinances on any

358 subject not specifically enumerated.

Sec. 18 19359 . Power of council to define and abate nuisances.

360 The council shall have power to define nuisances and cause their abatement. The operation of any instrument,

361 device, or machine of any kind whatsoever, that shall cause electrical interference with radio or television reception within

362 the limits of the city shall, at the option of the council, be deemed to be a nuisance.

363 Sec. 19. Jurisdiction of ordinances relating to infectious diseases or nuisances.

364 The power to adopt ordinances relating to the health of the population of the city or to prevent the introduction or

365 spread of infectious or contagious diseases or nuisances affecting the city shall extend to the area outside of the city limits

366 and within one mile from said limits.

367 Sec. 20. Power of council to provide for fire protection measures.

368 The council shall have power to adopt all measures requisite or appropriate for protection against fire. To this end

369 the council may adopt ordinances prohibiting the use of building materials that the council deem would create a fire hazard,

370 and may zone or district the city and make particular provisions for particular zones or districts with regard to buildings and

371 building materials. This power shall be deemed to embrace new buildings or additions to or alterations of existing structures

372 of every kind. The council shall have the power to condemn any building or structure or portion thereof that it deems to be

373 a health hazard or constitutes a fire menace or to require or cause the same to be torn down, removed, or so altered as to

374 eliminate the health hazard or menace of fire.



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375 Sec. 21. Power of council to adopt zoning ordinances.

376 The council may adopt zoning ordinances limiting and restricting to specified districts, and regulating therein,

377 buildings and structures according to their construction and the nature and extent of their use.

378 Sec. 22. Power of council to regulate construction of buildings and require permits; building inspector authorized.

379 The power of the council to adopt ordinances for the safety of the city and its population shall be deemed to embrace

380 the right to prescribe the height and thickness of the walls of any building and the kind and grade of materials used in the

381 construction thereof.

382 The council may provide for the issuance of building permits and forbid the construction of a new building or the

383 addition to or alteration and repair of an existing building except when a building permit has been obtained therefor. The

384 council may appoint a building inspector and prescribe his powers and duties.

385 Sec. 23. Power of council to create city planning commission; members generally.

386 The council may create a city planning commission for the development, improvement, and beautification of the city,

387 and prescribe its powers and duties. No member of the planning commission may hold at the same time, any elected city

388 office.

389 Members of any planning commission created by the city shall consist of two (2) members from each council district

390 and one member serving at large.

391 All members of the planning commission must be residents of the City of Dover.

392 Each appointed member of the commission shall receive per diem reimbursement for expenses to be paid quarterly

393 for preparation and attendance at each meeting of the planning commission attended in an amount to be set by council.

394 Sec. 24. Power of council to franchise or license public utilities and common carriers.

395 The council shall have the right to grant or refuse franchises or licenses to public utilities and common carriers and

fix the terms and conditions thereof and to regulate their use of the streets, lanes, and alleys396 , rights-of-way, and air space

or airways 397 of the city.

398 Sec. 25. Power of council to operate light, power or water plant.

399 The council shall have power to operate a light, power and water plant for the city, and to do all things necessary

400 for its maintenance and operation. The council may at their option transmit electric current and or water from its said plant

401 to places or properties outside of the city limits upon such terms, charges and conditions as they shall determine.

402 The council shall have power to adopt ordinances, rules and regulations in regard to the use for public or private

403 purposes of electric current distributed and or water furnished by the city and the amount to be paid by the users thereof, and



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404 fix fines and penalties for any willful or negligent injury or damage to its water and light plant, and to any objectionable use

405 in connection with its light and water system, and to any interference with or obstruction of the said system.

406 Sec. 26. Power of council with reference to sewers.

407 The council shall have superintendence and supervision of the sewers and the sewer system of the city. They shall

408 have power to install any or additional sewers in the city. The council may by condemnation proceedings take for sewer

409 purposes, private land, or the right to use private land under the surface thereof, for the laying of sewer mains. The

410 proceedings by condemnation under this section shall be the same as prescribed by Section 27 of this Charter with regard to

411 the laying out of new streets, and the resolutions referred to in said section shall be modified to cover the case contemplated

412 by this present section.

413 The council shall have power to make all ordinances, rules and regulations regarding the sewers and sewer system

414 of the city and the use thereof, and may fix fines and penalties for the violation of the provisions of such ordinances. The

415 council may require any property in the city to be connected with the water and sewer mains and to compel the owner of such

416 property to pay the cost of such connection and the tapping fee or charge therefor. The connecting with the water or sewer

417 mains and the tapping thereof shall be under the regulation and control of the council.

418 The council may extend the sewer system of the city to places outside of the city limits upon such terms, charges

419 and conditions as it shall determine.

420 The council is hereby authorized to impose a charge or rent for the use of the sewer system of the city, both within

421 and without the limits of the city, and in addition to the connection or tapping charges.

422 Sec. 27. Power of council to layout, locate, abandon, etc., streets, sidewalks, etc.

The council shall have power and authority to lay out, locate, accept, 423 and open new streets and to widen and to alter

424 existing streets or parts thereof, and to vacate or abandon streets or parts thereof, whenever they shall deem it for the best

425 interest of the city. The procedure in every case as aforesaid shall be as follows:

426 The council shall, by a majority vote, adopt a resolution favorable to the opening of the

427 new streets, or to the widening or altering of a street, or to the vacating or abandoning of a street,

428 or any part thereof, as the case may be and giving a general description of the street to be opened

429 or widened, or altered, or of the street or part thereof to be vacated or abandoned, as the case may

430 be. The said resolution shall also state the day, hour and place when the said council will sit to

431 hear objections and to award just and reasonable compensation to anyone who will be deprived

432 of property. A copy of such resolution shall be posted in five or more public places in the city

433 at least five (5) days before the day fixed for the hearing aforesaid.



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434 At the time and place fixed in the said resolution, said council shall hear such residents of the city or owners of the

435 property affected as shall attend, and shall at said meeting, or at a subsequent day, as they shall deem proper, adopt a

436 resolution by a majority vote to proceed with or to abandon, as they shall deem for the best interest of the said city, the

437 opening of a new street or the widening, altering, vacating or abandoning of an existing street or part thereof, as the case may

438 be, as contemplated in their prior resolution. And in case the determination of the said council shall be to proceed with the

439 plan contemplated by the resolution first aforesaid, they shall also award just and reasonable compensation to anyone who

440 will be deprived of property in consequence thereof. Such compensation, if any be awarded, shall be paid by the treasurer

441 of the city, on a warrant drawn on him by authority of the council aforesaid. If anyone who will be deprived of property as

442 aforesaid be dissatisfied with the compensation awarded by the council aforesaid, he may within five days after the award

443 of the council, as aforesaid, appeal from such award by serving written notice to that effect on the city manager. In order to

444 prosecute said appeal such appellant shall, within five (5) days after the expiration of the five (5) days allowed for the appeal

445 as aforesaid, apply to the judge of the Superior Court for the State of Delaware resident in Kent County, or in his absence

446 at said time, to the chief justice of the said court, for the appointment of freeholders to hear and determine the matter of

447 compensation to such appellant for any property of which he will be deprived as aforesaid, and thereupon the said judge or

448 chief justice, as the case may be, shall issue a commission under his hand directed to five (5) impartial freeholders of Kent

449 County commanding them to determine and fix the damages which the said appellant will sustain by reason of being deprived

450 of any property as aforesaid, taking into consideration the benefits or advantages that will enure to the said appellant, and to

451 make return of their findings to the said judge or chief justice, as the case may be, at a time therein appointed. The said

452 freeholders shall give notice of the day, hour and place when they will meet to view the premises and to assess the damages,

453 if any, as aforesaid. Such notice shall be served upon the appellant personally, or by posting a copy on the premises affected

454 at least five (5) days before the day when they are to view the premises as aforesaid and a copy of such notice shall also be

455 served on the city manager at least five (5) days before the day of such meeting.

456 The freeholders named in such commission, being first sworn or affirmed, on the day and at the hour and place stated

457 in the notice aforesaid, shall view the premises and hear the appellant and his witnesses and the council and their witnesses,

458 and shall without delay, determine and fix the damages, if any, which the said appellant will sustain by reason of being

459 deprived of any property as aforesaid. Thereupon and without delay the said freeholders shall make return in writing of their

460 proceedings in the premises to the said judge or chief justice, as the case may be, who shall cause the said return to be

461 delivered to the said city manager and such return shall be final and conclusive. The said judge or chief justice shall have

462 power to fill any vacancy among the freeholders. The amount of damages being ascertained as aforesaid, the said council

463 may pay or tender the same to the person or persons entitled thereto, within one month after the same shall be finally



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464 ascertained, or may deposit the same to his or her credit in any bank in the city to the credit of the person or persons entitled

465 thereto within the said period of one month, and thereupon the said council may carry into effect the plan contemplated in

466 their resolutions aforesaid. In the ascertainment and assessment of damages by the freeholders appointed by the judge or chief

467 justice aforesaid, if the damages shall be increased, the costs of the appeal shall be paid by the treasurer of the city out of any

468 money in his hands belonging to the city, but if said damages shall not be increased the costs of the appeal shall be paid by

469 the party appealing. The fees to the freeholders shall be five dollars ($5.00) per day to each, which shall be taxed as part of

470 the costs.

471 Whenever, the land comprehended or included in any street, or part thereof, vacated or abandoned under this section

472 is owned by the city, the council may, in their discretion, sell such land either at private or public sale and for such

473 consideration as the council shall deem proper, and shall have the right and power to convey to the purchaser or purchasers

474 thereof a good and sufficient title thereto.

475 The word ‘street' shall be deemed and held to comprehend and include sidewalks, lanes and alleys.

476 Sec. 28. Power of council to pave streets, sidewalks, etc. and levy assessment for public improvements; municipal lien

477 docket.

478 The council shall have power to pave or repave, or to cause to be paved, or repaved, the streets and sidewalks of

479 the city, or any part or portion thereof, with such material or materials as it shall determine.

480 The power hereby conferred shall be exercised in the following manner, to wit:

481 SIDEWALKS

482 A. The city council, at such time as it shall determine that the condition or conditions of a particular

483 street or streets, or portion thereof, requires that sidewalks be laid, or that the sidewalks then

484 existing, if there be sidewalks laid, should be improved, or upon the petition of a majority of

485 persons owning property along any of the streets, or a portion of any of the streets of the said city,

486 asking that the sidewalks abutting on said street or streets, be improved, or that sidewalks be laid

487 where there are none at the time of the filing of the petition, may direct the property owner or

488 owners to lay or replace sidewalks with such material or materials, as, in the judgment of the said

489 Council of the City of Dover, may seem best under the circumstances.

490 It shall be the duty of the city manager to give at least fifteen (15) days notice

491 in writing to the owner or owners of the property affected by the action of the said

492 council. Said notices shall be served in the manner following: A copy thereof shall be

493 delivered personally to the owner or owners of said property, or a copy thereof shall be



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494 left with the tenant in possession of the property, or a copy thereof shall be sent by

495 registered mail to the last known post office address of the owner or owners of the said

496 property or properties so affected. Service of such notice by either of said methods shall

497 be sufficient to bind the owner or owners under the provisions of this Charter.

498 It shall be the duty of the owner or owners, after notice shall have been given

499 in either of the ways above designated, to forthwith cause the said sidewalks to be laid

500 or the improvement or alterations thereof to be made, as directed in said notice.

501 Upon the failure of the owner or owners to lay or cause to be laid or improved

502 or altered, the sidewalks or portion thereof, according to the direction of said notice, it

503 shall be the duty of the City Manager to cause the said sidewalks to be laid or altered or

504 improved, as the case may be, according to the terms of such notice.

505 STREETS

506 B. The council shall adopt an ordinance or resolution stating, in effect, that on a named day and at

507 a named hour and place, the council will meet to consider the question of paving or repaving, with

508 specified material or materials, the named street in front of the property of named owners, and,

509 of assessing the cost thereof against the owners. Said ordinance or resolution shall be published

510 at least one week prior to the meeting aforesaid in at least one issue of a newspaper published in

511 the city. The council shall hold a meeting in accordance with said ordinance or resolution and

512 shall hear thereat the named owners of property and other residents of the city appearing on the

513 questions presented in said ordinance or resolution.

514 After such hearing, the council shall decide, either at said meeting or at a

515 subsequent meeting, whether or not to proceed with the paving or repaving specified in

516 said ordinance or resolution; provided, however, that the council shall not proceed with

517 such improvement if, at or prior to the hearing aforesaid, the council shall be presented

518 with a written objection thereto signed by a majority of the owners of real property in

519 front of which such paving or repaving was contemplated. The provisions of this

520 subsection, relating to the paving or repaving of streets, shall be deemed to apply to and

521 include curbs and gutters.



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522 SPECIAL ASSESSMENTS

523 C. The city shall have the authority to levy and collect special assessments upon property in a limited

524 and determinable area for special benefits accruing to such property as a consequence of any

525 municipal public work or improvement, and to provide for the payment of all, or any part of, the

526 cost of the work, service or improvement out of the proceeds of such special assessments.

527 When the term "owner" or "owners" is used with respect to special assessments,

528 it shall be deemed to mean the person or persons who owned the property in question

529 at the time of the enactment of the assessment ordinance, and, any change in ownership

530 thereafter shall not be deemed to affect any of the steps or proceedings described in this

531 Charter with respect to special assessments.

532 The council shall also have the authority to enact ordinances which provide for

533 the levy and collection of assessments against property owners for the cost of installation

534 of sanitary sewers, storm sewers, water mains, streets, sidewalks, street lights, curbs,

535 gutters and other public improvements.

536 Such ordinances shall prescribe:

537 (1) The basis to determine the amount which shall be assessed

538 upon the properties abutting the public work or

539 improvement;

540 (2) What portion of corner properties shall be considered

541 frontage and what portion side frontage and whether there

542 shall be any exemption on side frontage;

543 (3) Payment provisions providing for payment in installments,

544 except that assessments for current services or service

545 connections shall be payable within one year; and

546 (4) Rules under which individual appeals shall be heard.

547 All special assessments and all water and sewer service charges shall be liens

548 and shall be entered in the municipal lien docket as liens.



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549 The council may provide for the payment of special assessments for whatever

550 purpose levied by installments, but assessments for permanent improvements shall be

551 paid in annual or more frequent installments, and, assessments for current services shall

552 be payable within one year.

553 MUNICIPAL LIEN DOCKET

554 D. A docket known as the "City of Dover Municipal Lien Docket" shall be prepared and maintained

555 by the city manager. The docket shall be substantially the same in form as the judgment docket

556 for Kent County and shall contain an index according to the name of the owner against whom

557 such lien has been assessed. All taxes and all charges for water service, sewer service, garbage

558 service, electric service, grass cutting services and debris removal, dangerous building ordinance

559 costs and assessments, special assessments for municipal improvements of any nature, and all

560 other charges or assessments made by the city against property owners may be recorded in the

561 municipal lien docket and shall be and constitute a lien upon all of the real estate of the taxable

562 against or upon whom such taxes and/or charges are laid or imposed, of which such taxable was

563 seized at any time after such taxes and/or charges have been levied and imposed, situate in the

564 City of Dover. All liens so recorded shall continue in full force and effect until the same plus

565 accrued costs have been paid in full. Upon payment in full of the lien and all costs, it shall be the

566 duty of the city manager to enter forthwith upon the docket the date of final payment and the

567 words "satisfied in full." Failure to record liens in the municipal lien docket shall not affect liens

568 otherwise provided for in 25 Del. section 2901, et seq.

569 Sec. 29. Streets, sidewalks, etc. to be under control of council; power of council to prescribe grades thereon and

570 regulate traffic.

571 The streets, sidewalks, lanes and alleys in the city shall be under the supervision, management and control of the

572 council, and the council may prescribe the grades thereof and adopt ordinances regulating the use thereof and the traffic

573 thereon.

574 Sec. 30. Power of council to provide for disposal of garbage and sewage.

575 The council shall have power to provide for the incineration or other sanitary disposal of litter, debris, refuse,

576 garbage and sewage.



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577 Sec. 31. Power of council to regulate parking and provide parking lots.

578 The council shall have power to adopt ordinances regulating the parking of automobiles and motor vehicles within

579 the city, and may lease or purchase land to be used for parking purposes.

Sec. 32. Council to determine salaries of city officers appointees580 and employees

The salaries or compensation of all city officers appointees581 and city employees shall be determined by the council

through the pay system and Collective Bargaining Agreements582 .

583 ARTICLE III. CITY M ANAGER

584 Sec. 33. The city manager [generally].

585 The council shall appoint a city manager who shall be the chief administrative officer of the city. He need not, when

586 appointed, be a resident of the city or the state. No member of the council shall, during the time for which elected, be chosen

587 as city manager. The manager shall be appointed for an indefinite term but shall be removable at the pleasure of the council.

588 Before the manager may be removed he shall, if he so demand, be given a written statement of the reasons alleged for his

589 removal and the right to be heard publicly thereon at a meeting of the council prior to the final vote on the question of his

590 removal, but pending and during such hearing the council may suspend him from office. The action of the council in

591 suspending or removing the manager shall be final, it being the intention of this Charter to vest all authority and fix all

592 responsibility for such suspension or removal in the council. In case of the absence or disability of the manager the council

593 may designate some qualified person to perform the duties of the office during such absence or disability.

594 Sec. 34. Responsibility of manager; powers of appointment and removal.

595 The city manager shall be responsible to the council for the proper administration of all affairs of the city placed in

596 his charge, and to that end, except as otherwise provided herein, he shall have the power to appoint and remove all employees

597 in the administrative service of the affairs of the city under his charge. All such appointment shall be without definite term.

598 Sec. 35. Removal of employees [by manager.]

599 Employees appointed by the city manager, or under his authorization, may be removed by him at any time. The

600 decision of the manager in any such case shall be final and there shall be no appeal therefrom to any other officer, body or

601 court whatsoever.

602 Sec. 36. Council not to interfere with appointments or removals [of manager; giving orders to subordinates of

603 manager prohibited; penalty for same.]

604 Neither the council nor any of its committees or members shall direct or request the appointment of any person to,

605 or his removal from, office by the city manager or any of his subordinates, or in any manner take part in the appointment or



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606 removal of employees in the administrative service of the affairs of the city under the charge of the manager. Except for the

607 purpose of inquiry, the council and its members shall deal with that portion of the administrative service for which the

608 manager is responsible solely through the manager, and neither the council nor any member thereof shall give orders to any

609 subordinate of the city under the city manager either publicly or privately. Any violation of the provisions of this section by

610 a member of the council shall be a misdemeanor, conviction of which shall immediately forfeit the office of the member so

611 convicted.

612 Sec. 37. Duties of the manager.

613 It shall be the duty of the city manager to supervise the administration of the affairs of the city under his charge; to

614 make such recommendations to the council concerning the affairs of the city as may seem to him desirable; to keep the council

615 advised of the financial conditions and future needs of the city; to prepare and submit to the council the annual budget

616 estimate; to prepare and submit to the council such reports as may be required by that body; and to perform such other duties

617 as may be prescribed by this Charter or required of him by ordinance or resolution of the council.

618 Sec. 38. Right of manager [to sit] in council [meetings.]

619 The city manager and such other officers of the city as may be designated by vote of the council, shall be entitled

620 to seats in the council, but shall have no vote therein.

621 Sec. 39. Investigations by council.

622 The council shall have power to inquire into the conduct of any office, officer or employee of the city and to make

623 investigations as to municipal affairs, and for that purpose may subpoena witnesses, administer oaths, and compel the

624 production of books, papers and other evidence.

625 Sec. 40. Other functions of city manager.

626 The city manager shall have charge of the light and water plant operated by the city, and of the light and water and

627 sewer systems of the city. He shall have charge of the supervision of the streets, gutters, curbs and sidewalks of the city and

628 of all work relating thereto. He shall have charge of the administration of all provisions of this Charter and ordinances and

629 regulations of the council relating to affairs of the city, when not otherwise provided for by this Charter or by any ordinance

630 or resolution of the council. He shall ex officio be the collector of taxes for the city. It shall be his duty to collect all water

631 rents and fees for the tapping of water mains and sewers, all charges for electric current and all city revenue from any source

632 whatsoever. He shall pay over to the city treasurer at least monthly, and oftener if required by council, all moneys received

633 or collected by him and by any employee under him.



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He shall keep a full and strict account of all moneys received and all disbursements transfers made by him 634 to the

City Treasurer 635 and such accounts shall be at all times open to inspection by the council. He shall make such reports and at

636 such times as the council shall direct.

637 Sec. 41. Bond of city manager.

638 The council shall require the city manager to give bond in such amount and such form and with such surety as the

council shall approve. 639 NOTE: Additional Public Official Bonds are for the Treasurer and Assistant Treasurers only

640 ARTICLE IV. CITY TREASURER AND FINANCIAL AFFAIRS

Sec. 42. City treasurer; [s S641 igning of warrants.]

642 At the annual meeting the council shall elect a city treasurer to hold office until the next annual meeting of the

643 council, or until his successor has been duly chosen and qualified, but subject to removal at any time by the council.

644 The city treasurer shall be the custodian of all the city funds and shall deposit them in a banking institution

designated by the council. NOTE: This part of the section has been moved to become Section 17645

He The City treasurer646 shall pay out no money except upon warrant signed by the city manager and countersigned

647 by the mayor.

648 The mayor and the city manager shall sign no warrants on the city treasurer except pursuant to appropriations or

649 resolutions theretofore made by the council.

He The City treasurer650 shall keep a true and detailed account of all moneys received and of all moneys paid out by

651 him. He shall preserve all vouchers for moneys paid by him. His books and accounts shall at all times be open to inspection

652 by the council or the mayor or the city manager.

He The City treasurer653 shall make such reports and at such times as the council may direct.

654 The city treasurer shall be required to give bond in such amount and in such form and with such surety as the council

655 shall determine or approve.

656 Sec. 43. Fiscal year.

657 The fiscal year of the city shall begin the first day of July and shall end with the next succeeding thirtieth day of June.

658 Sec. 44. Annual budget.

659 On or before the second Monday of May of each year, the city manager shall prepare and submit to the council, a

660 budget, presenting a financial plan for conducting the affairs of the city for the ensuing fiscal year. The total of proposed

661 expenditures shall not exceed the total of anticipated income.

662 The budget shall include the following information:



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663 1. A detailed statement showing the expenses of conducting each department and office of the city

664 for the current year and last preceding fiscal year.

665 2. A detailed estimate of the expenses of conducting each department and office of the city for the

666 ensuing fiscal year with reasons for the increases and decreases recommended.

667 3. The value of supplies and materials on hand.

3668 4. The amount of the debt of the city together with a schedule of maturities of bond issues.

4669 5. A statement showing the amount required for interest on the city debt and for paying off any

670 bonds maturing during the year and the amount required for the sinking fund.

5671 6. An itemized statement of all anticipated income of the city with a comparative statement of the

672 amounts received by the city from each of the same or similar sources for the last preceding and

673 current fiscal years.

6674 7. An estimate of the amount of money to be received from taxes.

7675 8. Such other information as the city manager may think desirable or as may be required by the

676 council.

677 The council shall on or before the second Monday in the month of June in each year adopt a budget for the

678 succeeding fiscal year. The council shall, so far as possible, adhere to the budget so adopted in the making of appropriations.

679 Sec. 45. Payment of claims; issuance of warrants after approval of city manager; reports by manager thereon to

680 council.

681 No claim against the city shall be paid except on an order on the treasurer, signed by the city manager, and approved

682 and countersigned by the mayor. The city manager shall examine all payrolls, bills and other claims and demands against

683 the city and shall issue no warrant for payment, unless he finds that the claim is proper and in proper form and correctly

684 computed.

685 Sec. 46. Annual audit.

686 Annually in the month of July the council shall have the finances of the city and the books and accounts of the city

687 manager, the alderman and the city treasurer audited by a certified accountant.

688 As soon as practicable after such audit has been completed, the council shall cause to be made and published a report

689 of the city's finances for the preceding fiscal year.

Sec. 47. General assessment and levy on utility property. This section amended for better clarification.690

In the year 2001 and every third year thereafter, there shall The City shall cause to 691 be made a true, just, and impartial

692 valuation and assessment of all real property within the city, locating each parcel of real property by street and number or



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other description. The valuation and assessment shall be made every three years 693 by an assessor or assessors who shall be

elected by the Council at the previous December its annual694 meeting by majority vote thereof. An assessor must be a

695 freeholder within the corporate limits of the city. Before entering upon the duties of office, an assessor shall be sworn or

696 affirmed by the Mayor to perform the duties of the assessor's office with fidelity and without favor or partiality.

697 Whenever Council shall direct, all real property in the City of Dover shall be assessed by a certified independent

698 outside appraiser chosen by Council. This assessment shall be in lieu of the valuation and assessment made by a freeholder

assessor elected by Council as described hereinabove and in lieu of the assessor's duties described hereinabove. 699 Moved from

below (see 2 to last paragraph)nd700

701 In addition to an assessment every three years, the assessor or assessors shall include supplemental assessments made

702 annually for the purposes of (1) adding property not included in the last assessment or (2) increasing or decreasing the

703 assessment value of property which was included in the last general assessment.

The assessment made in the year 2001 and every third three704 years thereafter and any supplemental assessments made

705 annually shall be made prior to the first day of May in any given year and shall be known as the general assessment.

706 The general assessment shall be set down by the assessor or assessors in two (2) or more copies, as the Council shall

707 direct, and shall be delivered to the Council as soon as made. The real property of the assessor or assessors shall be assessed

by the Council. The Council shall, prior to the fifteenth day of May of the each708 year 2001 and of every year thereafter, cause

709 a copy of the general assessment to be posted in two (2) public places in the city for ten (10) days.

710 The Council may direct that appeals from any general assessment be heard by a committee of not less than three (3)

711 Council members appointed by the Council president. The committee of Council members shall sit at a stated place and time

712 to hear the appeals of all taxpayers dissatisfied with the assessment of their properties, shall collect such information as they

713 consider proper and necessary, and shall report their findings and recommendations to a meeting of the full Council. At the

714 meeting of the full Council the recommendations of the committee shall be received, together with such other information

715 as the Council shall permit or require, and the appeal of each dissatisfied taxpayer shall be heard. The Council shall have full

716 power to correct, revise, alter, add to, deduct, and take from the general assessment. The decision of a majority of the Council

717 members elected shall be final and conclusive. A Council member may not vote on his or her own appeal.

718 Notice of the place and time that a committee of Council members will sit to hear appeals and of the place and time

719 that the full Council will sit to act on such appeals shall be posted with the general assessment in two (2) public places for

720 a period of ten (10) days. Notice of the posting of the copies of the general assessment and of the place and time of the

721 meetings of the committee of Council members and of the full Council to hear appeals shall be published in at least one issue

722 of a newspaper published in the city.



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723 The assessment as revised and adjusted by the Council shall be the basis for the levy and collection of taxes for the

724 city.

725 The Council shall have the right to levy and collect taxes on gas mains, telephone, telegraph, communications

726 systems, or trolley poles or other erection of like character within the limits of the city, together with the wires thereon strung;

727 and to this end the Council may at any time direct the same to be included in or added to the general assessment.

728 Whenever Council shall direct, all real property in the City of Dover shall be assessed by a certified independent

729 outside appraiser chosen by Council. This assessment shall be in lieu of the valuation and assessment made by a freeholder

assessor elected by Council as described hereinabove and in lieu of the assessor's duties described hereinabove. 730 Moved to

above (see 2 paragraph above)nd731

732 Nothing contained in this section shall be deemed or held to invalidate or otherwise effect any assessment made prior

733 to the approval of this section or any tax levied thereunder.

734 (Ord. of 1-22-01)

735 Sec. 48. Maximum budget; raising the limit by town meeting.

736 The council shall in the month of June of each year determine the amount of money to be raised for the city for

737 general purposes for the next fiscal year not exceeding two (2) percent of the total taxable assessment for a general tax, and

738 shall also determine the amount of money required to be raised in such year by the city for interest, sinking fund and

739 redemption of the bonds of the city. A reasonable sum for delinquencies, discounts and costs of collection may be added by

740 the council to the amounts aforesaid. The amounts determined as aforesaid together with any additional sum or sums

741 authorized to be levied and collected, as in this section hereinafter provided, shall be levied and collected by the council on

742 the property and persons assessed as aforesaid and in accordance with such assessment and according to a rate established

743 by the council.

744 The electors of the city may assemble in town meeting on the evening of the third Monday in February in any year,

745 to determine whether any additional sum or sums shall be levied and collected for any specific purpose or purposes; notice

746 of which meeting, the place of meeting and the special purpose or purposes for which said additional sum or sums are desired

747 having been published by the council, or by any taxable of the city, in the newspapers of the city twice immediately preceding

748 the time of said meeting. At said meeting a resolution or resolutions shall be prepared stating explicitly the additional sum

749 or sums needed or desired, and the specific purpose or purposes to which the said sum or sums shall be applied.

750 Every resident of the said city who is eighteen (18) years of age and who lives in the city shall be entitled to one vote.

751 The electors of the city shall then proceed to vote yes or no, by ballot, upon said resolution or resolutions, and the result shall

752 be certified to the town [city] council; and if a majority of the votes cast shall be yes, then the council shall levy and collect



Page 27 of 36

753 said additional sum or sums and apply the same for the purpose or purposes specified; and if more has been levied and

754 collected than was necessary for the purpose or purposes named or specified the residue shall be carried into the treasury of

755 the city for general purposes.

756 Sec. 49. Payment and collection of taxes; errors and delinquents in assessments.

757 In the month of June in each year, the council shall deliver to the collector of taxes a list containing the names of

758 the taxables, and opposite the name of each the amount of his real property assessment, the amount of his personal property

759 assessment, and the tax upon the total of his assessment, and the rate per hundred dollars ($100.00). The said list shall be

760 signed by the clerk of council.

761 All taxes shall be paid to the collector of taxes. For all taxes not paid on or before July 31st in the calendar year that

762 they are assessed, there shall be added and collected a reasonable penalty.

763 It shall be the duty of the collector of taxes to proceed forthwith to collect all taxes unpaid by the first day of October

764 in the calendar year that they were assessed and in the collection of said taxes he shall have all the powers conferred upon

765 or vested in the Receiver of Taxes and County Treasurer for Kent County.

766 The council shall have the authority to allow errors and delinquents in the assessment.

767 The provisions of §8705, Title 9 of the Delaware Code shall be deemed and held to apply to all taxes laid and

768 imposed under the provisions of this Charter.

769 Sec. 49A. Assessment, payment, and collection of taxes for new construction.

770 In the event that the mayor and council of the City of Dover desire to collect and levy taxes on newly constructed

771 property not taxed by virtue of the city's annual assessment, the city may enact an ordinance to do so provided that: At the

772 beginning of each quarter of each year, there shall be a true, just, and impartial valuation and assessment of all newly

773 constructed real property within the city, locating each parcel of real property by street and number or other description.

774 Property shall be deemed to be newly constructed when the city permits occupancy and use. The said valuation and

775 assessment shall be made by an assessor or assessors who shall be elected by council in accordance with the provisions set

776 forth in Section 47 of this Charter.

777 The aforementioned assessment shall be during the months of January, April, July, and October of each year.

778 The aforementioned assessment shall be deemed a general assessment for all property with new construction.

779 The assessment for new construction shall be set down by the assessor or assessors in two (2) or more copies as the

780 council shall direct, and shall be delivered to the council as soon as made.

781 The council may direct appeals from any general assessment for new construction in accordance with Section 47

782 of this Charter.



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783 Nothing in this section contained shall be deemed or held to invalidate or otherwise affect any assessment made prior

784 to the approval of this section or any tax levied thereunder.

785 In the months of February, May, August, and November of each year, the council shall deliver to the collector to

786 taxes in a list containing the names of taxables under this section and opposite the name of each the amount of the real

787 property assessment, the tax upon the total of the assessment, and the rate per hundred dollars. The said list shall be signed

788 by the clerk of the council.

789 All taxes shall be paid to the collector of taxes. Said taxes shall be paid within thirty (30) days of billing and those

790 taxes not paid shall accrue a penalty in the amount of one and one-half (1 1/2) percent per month. For every tax that is not

791 paid as prescribed herein, the tax collector shall have all the powers conferred upon or vested in the Receiver of Taxes and

792 County Treasurer for Kent County.

793 The council shall have the authority to allow errors and delinquents in the assessment.

794 This section shall not pertain to any construction which had building permits prior to July 1, 1983.

795 The provisions of 9 Del. C. § 8705 and 25 Del. C. §§ 2901 through 2905, as they may from time to time be amended,

796 shall be deemed and held to apply to all taxes laid and imposed upon the provisions of this Charter.

797 Sec. 50. Debt limit.

798 (a) Whenever the needs of the city shall require more money than is at the time in the city treasury

799 from current receipts, the council shall be authorized and empowered to anticipate current revenue

800 by borrowing such sums as shall be needed not in excess of one (1) percent of the total taxable

801 assessment for a general tax. The amount so borrowed shall be paid back out of current revenue

802 received thereafter.

803 To exercise the power aforesaid the council shall adopt a resolution to that effect, which resolution shall require the

804 affirmative vote of at least three-fourths of all the members of the council, and the approval of the mayor. The indebtedness

805 created under this section shall be evidenced by the bond, or note, of the city, and the faith and credit of the city shall be

806 deemed to be pledged thereby.

807 (b) The mayor and council is hereby authorized and empowered to borrow from time to time on the

808 faith and credit of The City of Dover sums of money for such purposes as may be deemed

809 necessary and proper by the mayor and council of the said city which purpose shall be consistent

810 with the powers conferred upon the mayor and council of The City of Dover by the Charter

811 thereof, as amended, for the management and maintenance of the said city and for these purposes



Page 29 of 36

812 the mayor and council shall have full power and authority to issue bonds of the said "The City of

813 Dover."

814 The aggregate of the amounts so borrowed together with all other bonded indebtedness for which the full faith and

815 credit of The City of Dover has been pledged shall not at any time exceed a sum equal to twenty-five (25) percent of the total

816 assessed value of real property situate within the bounds of The City of Dover as such boundaries shall from time to time

817 appear.

818 The said bonds shall be issued in one or more series, shall bear such date or dates, shall mature at such time or times,

819 shall bear interest at such rate or rates, shall be payable at such time or times, and at such place or places, shall be in such

820 denominations, and shall contain such other provisions as the mayor and council may provide and shall be set forth in the said

821 bonds. Said bonds may or may not be coupon bonds and may be registered or otherwise as the mayor and council deem

822 advisable.

823 The mayor and council shall direct and effect the preparation and sale of said bonds at such time or times, at such

824 price or prices, and upon such terms as the said mayor and council deem advisable, and all the monies arising from the sale

825 of said bonds shall be used for the municipal purposes of The City of Dover specified in the resolution authorizing their issue.

826 The form of said bonds and of any coupons which may be thereunto attached shall be as prescribed by the mayor

827 and council, and all such bonds shall be signed by the mayor and the treasurer of The City of Dover and sealed with the

828 corporate seal thereof. Facsimile signatures of the mayor and treasurer and a facsimile of the corporate seal may be imprinted

829 upon such bonds and any coupons attached to said bonds in lieu of the signatures of the said mayor and treasurer in their own

830 handwriting and of the affixing of the corporate seal itself.

831 Said bonds of The City of Dover shall be exempt from all state, county and municipal taxes.

832 The mayor and council of The City of Dover are hereby authorized and required to levy and raise by taxation in each

833 and every year such sums of money as may be required to pay the interest accrued on said bonds while all or any of said bonds

834 remain unpaid, and the said mayor and the city council are further authorized and required to levy and raise by taxation, from

835 time to time such sum or sums of money as shall be needed to establish such sinking funds as the said mayor and the city

836 council may at their discretion authorize for the redemption of said bonds, or any of them, at or before their maturity and such

837 sum or sums of money as shall be required to otherwise redeem any or all or said bonds at or before their maturity. Taxes

838 for interest and for redemption of said bonds shall be levied and raised as taxes for general municipal purposes in the said

839 city are levied and raised and shall be in addition to those levied and raised for any and all other municipal purposes.



Page 30 of 36

840 A statement appearing in the bonds issued under the provisions of this section to the effect that the bonds have been

841 duly authorized shall be deemed and held to be conclusive evidence in favor of the lawful holder of any such bonds that the

842 terms and conditions of this section have been fully met and complied with.

843 (c) Bonds may be authorized and issued pursuant to subsection (b), without a referendum vote, by

844 a resolution of the council which shall have the affirmative vote of three-fourths of the members

845 thereof and the approval of the mayor, for the following purposes:

846 (i) to finance public storm sewers, streets and appurtenances provided that no

847 more than one million dollars ($1,000,000.00) aggregate principal amount of

848 bonds may be issued at any one time pursuant to this clause (i) and any new

849 bonds issued pursuant of this clause (i) may not cause the total aggregate

850 principal amount of bonds outstanding at any one time pursuant to this clause

851 (i) to exceed one (1) percent of the total taxable assessment for a general tax

852 at the time such new bonds are issued; and

853 (ii) to refund bonds secured by the city's full faith and credit, prior to their stated

854 maturity, provided that (A) the present value of the aggregate principal and

855 interest payments of the refunding bonds are not greater than the present value

856 of the aggregate principal and interest payments on the bonds to be refunded

857 determined by discounting at the effective interest rate on the refunding bonds,

858 calculated based on the internal rate of return: and (B) at the time of issuance

859 of the refunding bonds there are deposited in escrow, pledged to secure the

860 refunded bonds, sufficient monies and/or direct obligations of, or obligation the

861 principal of and interest on which are guaranteed by, the United States

862 government, which, without regard to any reinvestment earnings, will be

863 sufficient to pay when due all interest, principal and redemption price on the

864 refunded bonds at maturity or upon earlier call for redemption.

865 (d) Except for bonds issued pursuant to subsection (c) hereof, all bonds issued under the provisions

866 of subsection (b) shall first be approved by a referendum vote of the qualified voters (as herein

867 defined) of The City of Dover.

868 Notice of the holding of such referendum election shall be authorized by resolution of the mayor and council,

869 published once a week, for at least three (3) consecutive weeks in at least one newspaper circulated in The City of Dover,



Page 31 of 36

870 Delaware. Such notice shall be set out in summary form the amount and purposes of such bond issue, the date and place of

871 holding the referendum election and the hours the polls will be open.

872 At said referendum election "qualified voter" shall mean every natural person who is a resident or a nonresident

873 taxable of the city, of the age of eighteen (18) years or upwards. Each qualified voter shall be eligible to vote and shall have

874 one vote.

875 The mayor and council shall, prior to the date of the referendum election, appoint one judge and two (2) clerks to

876 pass upon the qualifications of each voter and to conduct the election and a majority of the election officers present at the

877 opening of the polls, shall fill any vacancy among the election officers. A majority of the election officers shall be sufficient

878 to decide the qualifications of the voters. The mayor and council, prior to the date of the referendum election, shall designate

either the city manager or other city employee familiar with the city assessment and tax payment records to 879 The City Assessor

or his designee shall 880 attend the election with the last city assessment and tax payment records for the inspection of the

881 election officers. The referendum election shall be held at such date as the mayor and council shall designate. The

882 referendum election shall be held at such suitable place in said city as the mayor and council shall designate in said published

883 notice. The polls shall be open from 7:00 a.m. (local time), and shall close at 8:00 p.m. (local time). The judge of the

884 election shall, in the case of a tie vote on the bond issue cast the deciding vote, otherwise he shall refrain from voting, but

885 the election clerks may vote.

886 The election clerks shall each keep a separate tally sheet and their tally sheets shall be compared and must agree as

887 to the total votes cast for and the total votes cast against the bond issue. Both tally sheets shall then be certified as correct

888 by at least two (2) of the election officers and delivered to the mayor, or to the clerk of council immediately after tally sheets

are compared, are in agreement and have the total vote count has889 been certified.

890 The mayor and council shall at the next regular meeting after the election, or at a special meeting, receive the results

891 of the referendum election and make the same a part of the minutes of said meeting, whereupon if a majority of the votes cast

892 were for the bond issue bonds herein provided for may be issued and sold as provided in subsection (b), but if at such

893 referendum election the majority of the votes cast were against the bond issue, then no bonds shall be issued nor shall any

894 money be borrowed pursuant to the resolution submitted to the referendum.

895 (e) In addition to the power otherwise granted in this section, the mayor and council may issue special

896 assessment revenue bonds to finance those public projects for which the city may levy and collect

897 special assessments pursuant to Section 28 of this Charter. Such bonds shall not obligate the faith

898 and credit of the city, but shall be payable solely from the proceeds of the special assessments

899 which are pledged to the payment thereof. Such bonds shall be authorized without a referendum



Page 32 of 36

900 vote by a resolution of the council which shall have the affirmative vote of three-fourths of the

901 members thereof and the approval of the mayor.

902 (f) After authorization of the sale of bonds as provided in this section and in anticipation of the sale

903 and issuance of said bonds, the mayor and council may borrow money and issue notes of the city

904 for the purpose and to the extent of the amount of bonds authorized to be sold, less the amount

905 of any bonds theretofore issued under such authority. The said borrowing shall be authorized by

906 a resolution of the council which shall have the affirmative vote of three-fourths of the members

907 thereof and the approval of the mayor, and the note or notes thereby authorized shall be signed

908 by the mayor and treasurer of the city. When issued and signed in accordance with this subsection

909 (f), the faith and credit of the city shall be deemed to be pledged for the repayment of all said

910 notes, except those issued pursuant to subsection (e) hereof.

911 The note or notes issued in anticipation of a bond issue may be renewed from time to time, but the proceeds of the

912 sale of such bonds shall, to the extent necessary, be first used to pay and retire such notes. Said notes may be deemed at par

913 and accrued interest at any time prior to their maturity if the right so to do shall have been reserved.

914 (g) For the purposes of the debt limitations prescribed in this section, (i) any bonds which have been

915 refunded pursuant to subsection (c)(ii) shall be treated as no longer outstanding; and (ii) bonded

916 indebtedness, principal amount of bonds and bonds outstanding shall be determined without

917 regard to original issue discount.

918 ARTICLE V. MISCELLANEOUS PROVISIONS

919 Sec. 51. Trees; [Tree commission.]

920 Trees being among the chief beauties of the city, and their preservation requiring that they be treated with special

care and intelligence, the council city manager921 is empowered to create a tree commission for the trees in the streets, the

922 Green, and other public places of the city and to appropriate annually an amount of money adequate for their care and

preservation. The tree commission City Manager 923 may be given authority to take necessary or appropriate action to prevent

924 injuries to trees from electric wires or from any other source or cause whatsoever, and to combat the pests and diseases to

925 which they are subject, and when necessary to employ tree experts provided that they do not exceed the appropriation made

926 by the council.

927 Sec. 52. Alderman.

928 At the annual meeting, the council shall elect an alderman and a deputy alderman for the term of one year or until

929 their successors have been duly chosen and qualified.



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930 The alderman or deputy alderman may be removed during his term by a vote of three-fourths of the members elected

931 to the council.

932 In the case of the temporary inability of the alderman to perform his duties by reason of sickness, absence, or

933 otherwise, the deputy alderman shall perform said duties. As hereinafter provided, the deputy alderman shall have all of the

934 powers and authorities and shall be subject to all duties and regulation as is the alderman.

935 Before entering upon the duties of his office, the alderman shall be sworn or affirmed to perform the duties of his

936 office with fidelity.

937 The alderman shall have jurisdiction and cognizance of all breaches of the peace and other offenses committed in

938 the city so far as to arrest and hold for bail or fine and imprison offenders. And also of all fines, penalties and forfeitures

939 prescribed by this Charter or any law of the state or by any ordinance of the council and also of all neglects, omissions or

940 defaults of any member of the city police force or other city officer or employee, provided that in the case of a violation of

941 an ordinance, he shall impose no fine or penalty in excess of that fixed by the ordinance, and shall not commit to prison for

942 a longer term than thirty (30) days in default in the payment of a fine imposed by him. The jail of Kent County may be used

943 for imprisonment under the provisions of this Charter provided that the council shall pay for the board of persons committed

944 for breaches of ordinances that do not constitute breaches of the general law. Within his jurisdiction as aforesaid the alderman

945 shall have all the powers and authority of a Justice of the Peace for Kent County.

946 Any action, suit or proceeding authorized under any of the provisions of this Charter or under any ordinance of said

947 city may be instituted in the name of "The City of Dover."

948 His fees for any service under this section shall be the same as those of a justice of the peace for like service, and

949 for any service or duty for which no fee may be provided by law the fee may be established by ordinance of the council.

950 If any alderman shall be removed from his office by the council as previously provided, he shall deliver to his

951 successor all the books and papers belonging to his office, and shall pay over to the city treasurer all moneys in his hands

952 belonging to the city within five (5) days after his removal. Upon neglect or failure to make such delivery or payment, he

953 shall be deemed guilty of a misdemeanor, and, upon conviction thereof shall be fined not more than five hundred dollars

954 ($500.00) or be imprisoned in the discretion of the court.

955 The alderman shall, at the monthly meeting of the council, report to the council all fines imposed by him during the

956 preceding month, and pay to the treasurer of the city all such fines and penalties received by him during the said time, and

957 in default of making such report or paying such fine and penalties for a period of twenty (20) days after such report should

958 be made and such fines and penalties should be paid as aforesaid, he shall be deemed guilty of a misdemeanor, and upon

959 conviction thereof shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00).



Page 34 of 36

960 Sec. 53. Police; [mayor to be conservator of peace.]

961 There shall be a city police force, the number thereof and their salaries shall be determined by the council, but they

962 shall be chosen and appointed by the mayor. The mayor is hereby vested with all the powers of a conservator of the peace

within the city limits. 963 The Mayor shall appoint a Chief of Police subject to removal at any time by the Mayor in

accordance with applicable laws.964 The members of the police force shall be subject to his direction and orders and may be

removed by him at any time 965 delivered through the proper chain of command and in accordance with applicable laws and

ordinances966 . They shall preserve peace and order, and compel obedience within the city limits to the ordinances of the city

and the laws of the state. They shall have such other duties as the council and or the mayor shall prescribe by ordinance967 .

968 Each member of the police force shall be vested with all the power and authority within the city limits and within

969 one mile outside of said limits, (and, in the case of the pursuit of an offender, without limit) of a constable of Kent County.

970 Every person sentenced to imprisonment by the alderman shall be delivered by a member of the police force to the

971 county jail of Kent County to be there imprisoned for the term of the sentence. In the case of an arrest during an hour or hours

972 when the alderman shall not be available to hear and determine the charge, the person arrested may be delivered to the county

973 jail for Kent County for imprisonment until such reasonable time thereafter as shall enable the alderman to hear and determine

974 the charge against such person.

975 Sec. 54. City solicitor.

976 At the annual meeting the council shall elect a city solicitor for the term of one year or until his successor has been

977 duly chosen and qualified.

978 The city solicitor may be removed during his term by a vote of three-fourths of the members elected to the council.

979 The city solicitor shall be an attorney at law who shall have practiced in the State of Delaware for at least five (5)

980 years. He shall be the chief legal adviser of and attorney for the city. It shall be his duty, either personally or by such

981 assistants as he may designate, to attend meetings of the council; to give advice in writing, when so requested, to the council

982 or the city manager to prosecute or defend, as the case may be, all suits or cases to which the city may be a party; to prosecute

983 for all offenses against the ordinances of the city and for such offenses against the laws of the state as may be required of him

984 by law; to prepare all contracts, bonds and other instruments in writing in which the city is concerned, and to endorse on each

985 his approval of the form and correctness thereof; and to perform such other duties of a legal nature as the council may by

986 ordinance require. In addition to the duties imposed upon the solicitor by this Charter or required of him by ordinance or

987 resolution of the council he shall perform any duties imposed upon the chief legal officers of municipalities by law.



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988 At the annual meeting the council shall elect a deputy city solicitor for the term of one year or until his successor

989 has been duly chosen and qualified. The deputy city solicitor shall be an attorney-at-law entitled to practice law in the State

990 of Delaware, and shall serve in such manner as shall be determined by the city solicitor to be necessary and proper.

991 Sec. 55. Powers of Town of Dover or town council conferred on city or city council.

992 All powers conferred upon or vested in the Town of Dover and or the Town Council of the Town of Dover by any

993 act or law of the State of Delaware not in conflict with the provisions of this Charter, are hereby expressly conferred upon

994 and vested in the City of Dover and or the Mayor and Council of the City of Dover, precisely as if each of the said powers

995 was expressly repeated in this Charter.

996 Sec. 56. Ordinances passed by town council continued in effect.

997 All ordinances adopted by the Town Council of the Town of Dover and in force at the time of the approval of this

998 Charter are continued in force until the same or any of them shall be repealed, modified or altered by the city council under

999 the provisions of this Charter.

1000 Sec. 57. Officers of town to be initial city officers; prior actions of town council ratified.

1001 The mayor and members of council at the time of approval of this enactment of this Charter shall retain their elected

1002 terms of office until re-elected or failure to be re-elected under the provisions and terms established herein.

1003 All the acts and doings of the Council of the Town of Dover or of any officials of the said town lawfully done or

1004 performed under the provisions of any law of this state or of any ordinance of the council of the said town, prior to the

1005 approval of this Charter are hereby ratified and confirmed.

1006 Sec. 58. Debts due to town to be due to city; impairment of bonds.

1007 All taxes, debts, fines or penalties and forfeitures due the Town of Dover shall be deemed to be due the City of

1008 Dover, and all debts due from the said Town of Dover shall be deemed to be debts of the City of Dover, and the same

1009 imposed under the provisions of this Charter shall be deemed to apply and extend to all unpaid taxes imposed by the Town

1010 Council of Dover.

1011 The bonds given by or on account of any official of the Town of Dover shall not be impaired or affected by the

1012 provisions of this Charter.

1013 Sec. 59. Printed copies of ordinances and resolutions to be proper evidence.

1014 Printed copies of the ordinances and resolutions of the City Council of Dover, published by authority of the council,

1015 shall be admitted as evidence thereof in all courts, and in pleading it shall not be necessary to recite or draw them out at large.

1016 Sec. 60. Repeal of prior acts.

1017 All acts or parts of acts inconsistent with or in conflict with the provisions of this Charter are hereby repealed.



Page 36 of 36

1018 Sec. 61. Severability.

1019 If any part of this Charter, as it may from time to time be amended, are held to be unconstitutional, such holding shall

1020 not be deemed to invalidate the remaining portions of this Charter or amendments thereto."

1021 SYNOPSIS

1022 The City of Dover's last reincorporation was in 1929, with over 50 amendments

1023 to that Charter having been enacted since that date.

1024 The reincorporation will result in a concise, single complete document

1025 reflecting the present state of Dover's charter.

1026 /jg1027 S:\ClerksOffice\Attachments and Exhibits\Committee Attachments\2005\03-14-2005 LF&A - Attachment #1.wpd

ATTACHMENT #2 LF&A Committee Minutes 03-14-2005

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amounts hereinafter named in various City funds are changed from the currently approved revenues/receipts and appropriations to the revised revenues/receipts and revised appropriations for use by the various departments of the Municipal Government for the fiscal year beginning July 1, 2004 and ending June 30, 2005: A. GENERAL FUND

Current Additions RevisedRECEIPTS Budgets (Reductions) Budgets

Beginning Balance 2,917,154$ (141,107) 2,776,047$ Business Licenses 1,214,793 15,207 1,230,000 Permits & Other Licenses 1,040,580 (100,000) 940,580 Transfer Tax 1,400,000 300,000 1,700,000 DSWA-Trash Fee Rebate 162,000 13,583 175,583 Court of Chancery Fees 480,000 40,000 520,000 Internet Service Revenue 26,460 (6,460) 20,000 Sale of Land - 16,750 16,750 Intrafund Service Receipts Water/Wastewater 1,025,270 (18,982) 1,006,288 Intrafund Service Receipts Electric 3,873,593 (66,663) 3,806,930 Grants: Recreation 130,000 (110,000) 20,000 State Grant- Trail Maintenance - 1,200 1,200 Tree Planting Grant - 13,000 13,000 Transfer from Municipal Street Aid 780,000 12,000 792,000 Transfer from Civic Traffic Penalties 800,000 (300,000) 500,000

Net Adjustments (331,472) Current Additions Revised

EXPENSES Budgets (Reductions) Budgets

Council 148,387 (6,550) 141,837 Tax Assessor 251,212 (16,429) 234,783 Fire 924,434 900 925,334 Grounds 991,020 13,150 1,004,170 Library 953,388 (52,512) 900,876 Recreation 768,379 (105,778) 662,601 Planning 228,391 (27,249) 201,142 Public Inspections 953,251 (21,989) 931,262 Police 9,865,086 24,697 9,889,783 Streets 1,234,130 (1,953) 1,232,177 Sanitation 1,992,928 (317) 1,992,611 City Manager 435,772 (28,820) 406,952 Information Technology 889,017 (54,017) 835,000 Finance 648,362 (35,292) 613,070 PW Administration 302,373 1,460 303,833 Facilities Management 1,083,532 (6,882) 1,076,650 Engineering 256,686 (1,062) 255,624 Central Services 788,146 (15,005) 773,141 Vehicle Maintenance 614,578 1,640 616,218 Administrative Services 1,059,118 24,957 1,084,075 Human Resources 327,208 (37,134) 290,074 Mayor 102,568 (1,884) 100,684 Provision for Uncollectibles - 10,000 10,000 Transfer to Workers Compensation Fund - 16,000 16,000 Budget Balance - Working Capital 2,254,366 (11,403) 2,242,963

Net Adjustments (331,472)

B. WATER/WASTEWATER FUND

Current Additions RevisedREVENUES Budgets (Reductions) Budgets

Beginning Bal - Water 1,634,541$ (7,000)$ 1,627,541$ Beginning Bal - Wastewater 644,223 (31,956) 612,267 Water Fees 3,962,500 (226,432) 3,736,068 Wastewater Fees 2,931,810 (594,691) 2,337,119 Wastewater Adjustment Fees 2,788,875 185,639 2,974,514 Impact Fees 665,000 335,000 1,000,000

Net Adjustments ($339,440)

Current Additions RevisedEXPENSES Budgets (Reductions) Budgets

Construction 495,136$ 637$ 495,773$ Water 880,103 (82,569) 797,534 Water Treatment Plant 639,106 (7,850) 631,256 Wastewater 758,196 (45,268) 712,928 Water Meter Reading 57,685 (2,604) 55,081 Intrafund Service Fees 1,025,270 (18,982) 1,006,288 Transfer to Water I/E 227,151 147,776 374,927 Transfer to Wastewater I/E - 105,595 105,595 Transfer to Impact Fee Reserve 147,860 417,648 565,508 Budget Balance - Water 2,293,963 (279,627) 2,014,336 Budget Balance - WW 1,344,727 (370,675) 974,052 Budget Balance - Kent County Fees (1,507,895) (203,521) (1,711,416)


C. WATER/WASTEWATER I & E FUNDCurrent Additions Revised

REVENUES Budgets (Reductions) BudgetsBeginning Balance - Wastewater 499,917 119,661 619,578 Bond Issue Proceeds Series 2005 1,175,000 (1,175,000) - Miscellaneous - 50,000 50,000 Transfer from Water WW for Water 227,151 147,776 374,927 Transfer from Water WW for Wastewater - 105,595 105,595 Transfer from Impact Fee Reserve 460,000 (185,000) 275,000



Water 1,048,453$ 77,391$ 1,125,844$ Wastewater 2,460,624 (1,010,590) 1,450,034 Water Construction 107,364 (101) 107,263 Budget Balance - Water- Working Capital 10,160 120,435 130,595 Budget Balance - Wastewater - Working Capital 24,066 375,897 399,963 Budget Balance - Bond Proceeds - 2005 500,000 (500,000) -


D. ELECTRIC REVENUE FUND


Beginning Balance 3,842,665$ (6,286)$ 3,836,379$ Duke Contract Revenue - 1,072,000 1,072,000

Net Adjustments 1,065,714


Transmission/Distribution 2,963,771 5,750 2,969,521 Electrical Engineering 1,668,692 16,708 1,685,400 Administration 806,659 63,890 870,549 Meter Reading 281,577 (8,732) 272,845 Transfer to Workers Compensation Fund - 8,000 8,000 Interest on Deposits 15,000 10,000 25,000 Intrafund Service Fees 3,873,593 (66,663) 3,806,930 Other Appropriations: Improvement/Extension - 600,000 600,000 Debt Service 2,170,213 494,961 2,665,174 Debt Service - Arbitrage Compliance 50,000 (50,000) - Inventory Reserve 125,000 (125,000) - Rate Stabilization Reserve 500,000 572,000 1,072,000 Budget Balance - Working Capital 3,921,490 (455,200) 3,466,290


E. ELECTRIC I & E FUNDCurrent Additions Revised

REVENUES Budgets (Reductions) BudgetsBeginning Balance 5,795,917$ (650,000)$ 5,145,917$ Trsfr from Electric Rev Fund - 600,000 600,000


Current Additions RevisedEXPENSES Budgets (Reductions) BudgetsTransmission/Distribution 981,114$ 651,952$ 1,633,066$ Electrical Engineering 3,106,604 (51,952) 3,054,652 Budget Balance - Working Capital 872,375 (650,000) 222,375



CITY OF DOVERREVISED HOSPITALITY & CIVIC FUNCTION POLICY

I. PURPOSE

There are occasions when the judicious extension of hospitality in connection with official City of Doverbusiness is in the best interests of the City of Dover, hereinafter referred to as “City.” There are alsooccasions where attendance at civic events and functions which are not sponsored by the City are in the bestinterests of the City, and thus may require attendance. This policy outlines City policy and proceduresgoverning the manner and extent to which the City’s employees, public officials, and appointees mayextend hospitality while attending civic functions and events.

II. SCOPE

This policy applies to all hospitality and civic function expenses incurred by the City regardless of thesource of funding, and to all City employees, public officials and appointees to City Boards, Commissionsand Committees.

III. ALLOWABLE EXPENSES AND APPROVAL

A. Allowable Expenses and Occasions

Expenses for hospitality and civic functions must be directly related to, or associated with the conduct ofofficial City business. The occasion must serve a clear City business purpose, with negligible personalbenefit derived by the official host or other City employees, public officials, and appointees. In addition,the expenditure of funds for hospitality and civic functions should be cost effective and in accordance withthe best use of public funds.

Examples of Prohibited/Restricted Expenses:Personal MembershipsPolitical ExpensesHoliday Gatherings for non-City affiliated organizationsFundraising

B. Approval of Transactions

When determining whether a hospitality or civic event expense is appropriate, the approving authority mustevaluate the importance of the event in terms of the costs that will be incurred, the benefits to be derivedfrom such an expense, the availability of funds, and any alternatives that would be equally effective inaccomplishing the desired objectives.

C. Payment of Expenses

The Finance Department shall process the payment of hospitality and civic functions expenses upon receiptof the invitation, invoice, or proper support documentation, as determined by Finance, with the signature ofthe Mayor, a Member of Council, and/or City Manager.

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WHEREAS, in 1996 the Delaware General Assembly approved the creation of an investment pool forthe local governments of the state; and

WHEREAS, authorized by Title 29, Chapter 83 of the Delaware Code, the Delaware Local RetirementInvestment Pool establishes an investment program tailored to the needs of such organizations; and

WHEREAS, it would be in the best interest of this organization to deposit funds in the investment poolwhen deemed advisable by those responsible for such decisions; and

WHEREAS, the State Board of Pension Trustees is committed to using and sharing their resources toprovide the best possible financial support and services to all local governments throughout the Stateof Delaware.

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OFDOVER, IN COUNCIL MET that on this 28 day of March in the year 2005, the Mayor and Councilth

of the City of Dover agree to authorize the investment of funds in the Delaware Local GovernmentRetirement Investment Pool; and

BE IT FURTHER RESOLVED, that the authorization to participate in this program does not obligatethis local government to participate, but it allows participation in the pool voluntarily as deemedappropriate for the best interest of this local government.

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UTILITY COMMITTEE

The Utility Committee Meeting was held on March 14, 2005, at 5:30 p.m. with Chairman Carey presiding.Members present were Mr. Ruane, Mr. Sadusky, Mr. Cregar, and Mr. Snaman. Members of Councilpresent were Mr. Pitts, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Council President Williams.Mayor Speed was also present.

AGENDA ADDITIONS/DELETIONSMr. Sadusky moved for approval of the agenda, seconded by Mr. Ruane and unanimously carried.

Maximizing Dover’s Connectivity InfrastructureIn June 2004, the City's Information Technology Long-Range Plan recommended that the City investigateleveraging its fiber optic network. It also recommended that Dover leverage that network to deploy aCitywide voiceover Internet provider telephone system and use of wireless which is not currently available.There is 30 miles of fiber optic cable that has been installed in the City, but only two (2) City departmentsare taking advantage of this tremendous bandwidth capacity. It is staff’s belief that the City is utilizing thisnetwork at about ten percent (10%) of its capacity. Other cities across the country have taken advantageof their fiber optic networks to reduce telecommunication expense and increase work force efficiency.

Mrs. Tieman, Director of Administrative Services, advised members that staff would like to re-examinethe City’s franchise fee agreement due to the expanded cable service offerings in our area. Specifically,Verizon has expressed its intentions about offering cable in our area. Staff would also like to examine theopportunity of collecting additional franchise fees from non-participating utilities that are doing businesswithin the City's limits, such as Conectiv and Delaware Electric Cooperative, which is becoming an issueas the City annexes property. In light of the 1996 Telecommunication Act, which created new standardsfor joint use of utility poles, staff would like to revisit the City’s pole attachment fees and attachments forall users. Mrs. Tieman reviewed and explained the goals for the studies.

As a result of the recent City Council Retreat, she assured members that staff is not proposing the studyof broadband options such as cable television or Internet service that would compete with privateproviders. Staff recommended that the City Manager be authorized to issue an RFP for professionalservices to assist the City in maximizing the use of its fiber optic system, voice over Internet providertelephone system, franchise fee review, and pole attachment agreement.

Mr. Ruane suggested that staff also consider the idea of maximizing Council broadcasting capabilities.

Mr. Sadusky moved to recommend that the City Manager be authorized to issue an RFP asrecommended by staff. The motion was seconded by Mr. Snaman and unanimously carried.

Mr. Ruane moved for adjournment, seconded by Mr. Sadusky and unanimously carried.



Carleton E. Carey, Sr.Chairman

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PARKS, RECREATION, AND COMMUNITY ENHANCEMENT

The Parks, Recreation, and Community Enhancement Committee meeting was held onMarch 15, 2005, at 12:08 p.m. with Chairman Pitts presiding. Members present were Mr. Ruane,Mr. Hogan, Mr. Truitt, and Mr. Anderson (departed at 1:24 p.m.). Mr. Slavin was also present.

AGENDA ADDITIONS/DELETIONSMr. Hogan moved for approval of the agenda, seconded by Mr. Ruane and unanimouslycarried.

Proposed Ordinance Amendments - Update of Codes - Chapter 5, Building and BuildingRegulations and Chapter 10, Housing and Property MaintenanceAt the request of staff, members reviewed various proposed ordinance amendments to the DoverCode pertaining to Building, Building Regulations, Housing, and Property Maintenance.Mr. Grant Pritchard, Chief Building Inspector, advised members that staff also recommendedadoption of the latest edition of The International Property Maintenance Code, 2003 (IBC), withslight modifications. Mr. Pritchard noted that the IBC is a complete set of codes used to regulatethe built environment. He also noted that the City is currently using the 1999 IBC and it isreferenced throughout the Dover Code.

Mr. Ruane suggested that Section R114 - Stop Work Order - be amended to read “and no less than$1000.00 and no more than $10,000.00 . . .". and that Section 108.5 - Stop Work Order - beamended by striking “to perform” to read “. . . except such work as that person is directed toremove a violation or unsafe condition, . . .”.

Mr. Hogan moved to recommend approval of the proposed ordinance amendments to the DoverCode pertaining to Building, Building Regulations, Housing, and Property Maintenance, asamended. The motion was seconded by Mr. Truitt.

Referring to Section 105.2, Work Exempt from Permit, Building - Item #1 - One story detachedaccessory structures, Mr. Anderson stated that he did not feel that a 24 square foot maximum wassufficient to accommodate residents who may wish to construct a small shed for bicycles,lawnmowers, etc. without obtaining a permit. Mr. Anderson moved to amend Section 105.2 -Item #1 from 24 square feet to 108 square feet, which would allow a 9-foot by 12-foot structure.The motion failed for lack of a second.

Mr. Anderson moved to amend Section 105.2, Work Exempt from Permit, Building - Item #1from 24 square feet to 72 square feet. The motion failed for the lack of a second.

The motion to recommend approval of the proposed ordinance amendments to the DoverCode pertaining to Building, Building Regulations, Housing, and Property Maintenance(Attachment #1), as amended, was carried with Mr. Anderson voting no.


Discussion - Vacant BuildingsThe Downtown Dover Merchants Association requested consideration of amendments toChapter 5 of the Dover Code with regard to vacant buildings to include the following: 1) VacantBuildings in the BID District be subject to the same code as occupied buildings; 2) A vacantbuilding in the BID Tax District be subject to “Vacancy Registration Fees”. There is precedentfor this in Wilmington DE (Annual Registration and Vacant Building Fees, Wilmington Ordinance03-019). Properties are deemed vacant if “No person or persons actually, currently conducts alawfully licensed business, or lawfully resides or lives in any part of the building (WilmingtonCity, Chapter Four, City Code Section 4-27,125.0(b)(1)(F); and, 3) This ordinance would beenforced by the City of Dover Planning and Inspections. Registration fees and fines could be usedto fund additional inspectors for enforcement and therefore be virtually self supporting.

As a result, staff provided members with a draft outline of a possible Vacant Building ordinancemodeled on the City’s existing ordinance and several ordinances obtained from other communities(Attachment #2).

Ms. Diana Welch of Bell, Book, and Candle, expressed concern with what the final definition ofa “vacant building” would be, noting that the second floor of the Loockerman Exchange buildingis occupied; however, the first floor is vacant. She felt those situations needed to be clarified inthe definition.

Mr. Galvin advised members that once the framework is determined, the City Solicitor would berequested to prepare the draft ordinance.

Mr. DePrima requested feedback on the following items for consideration when preparing theordinance: a range of penalties, a time frame in which a building would be considered vacant,monitoring permits and fees, and property exemptions.

Mr. Slavin suggested that members carefully consider what the definition of “vacant” will be sothat they do not alienate good property owners who have done everything possible to rent theirproperties. He also reminded members that many buildings with first floor vacancies have fullyfunctional and occupied apartments on the floors above them. Mr. Hogan stated that he liked theexamples from California and Wilmington. He noted that the ordinance would need to havepenalties in order for it to be enforceable; however, it should also take into consideration thoseowners that are actively trying to rent their buildings. Mr. Anderson reminded members that therecould be situations beyond the owners’ control, such as the property being in probate, a militaryowner which has been deployed, or a property which is on the market for sale. He did not feelthat penalties or fees should be applicable in those situations.

Mr. Ruane moved to defer this matter for further consideration during a meeting which isdedicated to this item in order to allow time for interested parties, such as the Downtown


Dover Merchants Association to participate. The motion was seconded by Mr. Hogan andunanimously carried.

Mr. DePrima suggested that the interested parties be invited to attend and that the meeting be heldin the evening in order to accommodate their schedules.

Mr. Hogan moved for adjournment, seconded by Mr. Ruane and unanimously carried.



John W. PittsChairman

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Attachments

Attachment #1 - Proposed Building Code Revisions

Attachment #2 - Vacant Building Ordinance Outline

ATTACHMENT #1PARKS, RECREATION, AND COMMUNITY ENHANCEMENT MINUTES 03/15/2005

Department of Planning and Inspections

Proposed Building Code RevisionsAttached are the proposed revisions to:

§ International Building Code – 2003§ International Residential Code – 2003§ International Mechanical Code – 2003§ International Plumbing Code – 2003§ International Property Maintenance Code – 2003

§ Dover Code – Article III Electrical InstallationsSection 5-31 Electrical Code Adopted

The proposed revisions are followed by copies of sections/pages of the codes to which theyapply for reference purposes.

Alternate Consideration:

The International Building Code – Section 104.4 Referenced Codes, states:

“104.4 Referenced Codes. The other codes listed in Sections 101.4.1 through 101.4.7 andreferenced elsewhere in this code shall be considered part of the requirements of this codeto the prescribed extent of such reference.”

Commentary by the International Code Council:“The International Code Council promulgates a complete set of codes to regulate the builtenvironment. These codes are coordinated with each other so as not to contain conflictingprovisions. When the code is adopted by a jurisdiction, the codes that regulate a building’selectrical, fuel gas, mechanical and plumbing systems are also included in the adoption andare considered part of the code. The International Property Maintenance Code and the IFCare also referenced and enable the building official to address unsafe conditions in existingstructures. Various other sections of the code also specifically mention these codes. Notethat these codes are listed in Chapter 35 and further identified by the specific year of issue.Only that edition of the code is legally adopted and any future editions are not enforceable.The issuance of new editions of all the International Codes occurs concurrently and neweditions of the referenced codes are adopted with each new edition of the building code.Adoption is done in this manner so that there are not conflicting provisions in these codes.”

2

As stated in the commentary provided above, the adoption of the IBC covers adoption of allof other applicable codes. Future ordinance revisions to the Dover Code could besimplified by making statements such as:

ARTICLE IV. MECHANICAL CODE* __________

*Cross references: Heating and refrigerating facilities required in dwelling units, § 10-43; required

mechanical ventilation required in certain dwelling units, § 10-47; central heating plants in place of

public assembly, § 10-106.

__________

Sec. 5-56. Adopted. (a) The International Mechanical Code, with the exception of the administrative provisions

contained in Chapter 1, as referenced in the currently adopted International Building Code, shall be

adopted for regulating the design, construction, quality of materials, erection, installation, alteration,

repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems in

the City of Dover.

Instead of the language in the Current Dover Code, which is as follows, and which must beupdated every time a new edition of the code is adopted. This was necessary when thecodes were not published concurrently by the same organization. Future revisions to thissection of the Dover Code, and similar sections for plumbing and property maintenancewould become unnecessary.

(a) That certain documents, three (3) copies of which are on file in the office of the department of

inspections and the City of Dover, being marked and designated as the International Mechanical

Code, including Appendix Chapter "A", as published by the International Code Council, be and is

hereby adopted as the code of the City of Dover for regulating the design, construction, quality of

materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use

or maintenance of mechanical systems in the City of Dover and providing for the issuance of

permits and collection of fees therefore; and each and all of the regulations, provisions, conditions

and terms of such International Mechanical Code, 1998 edition, published by the International Code

Council, on file in the office of the City of Dover are hereby referred to, adopted and made a part

hereof as if fully set out in this section.

(b) The following sections of the International Mechanical Code are hereby revised:

Section 101.1. Insert: "City of Dover, DE" in place of "name of jurisdiction".

Section 106.5.2. Insert: "Section 5-61 " in place of "in the following schedule".

Section 106.5.3. Deleted in its entirety.

Section 108.4. Insert: "misdemeanor" in place of "offense"; "One Hundred ($100) Dollars" in

place of "dollar amount"; "thirty (30) days" in place of "number of days".

Section 108.5. Insert "one hundred ($100) in place of "amount" in two (2) places.

Section 109. Deleted in its entirety.

Chapter 16, Codes. Insert "BNBC-96 BOCA National Building Code" in place of "Building

Code"; and "BNNFPC-96 BOCA National Fire Prevention Code" in place of "Fire Prevention Code".

(c) If any section, subsection, sentence, clause or phrase of this section is, for any reason, held

to be unconstitutional, such decision shall not affect the validity of the remaining portions of this

section. The city council hereby declares that it would have passed the ordinance from which this

section derives, and each section, subsection, clause or phrase thereof, irrespective of the fact that

any one (1) or more sections, subsections, sentences, clauses and phrases be declared

unconstitutional.

(Ord. of 4-9-84, § 2; Ord. of 3-11-91; Ord. of 4-25-94; Ord. of 1-27-97; Ord. of 3-13-00)

3

Revisions to the Building Code – SummaryCode to be adopted:The International Building Code, 2003 Edition, as published by the International CodeCouncil.

Sections to be revised:

Section 101.1 Title. Insert “City of Dover, DE” in place of “[NAME OF JURISDICTION]”

Section 105.2. Work exempt from permit. Delete Section in its entirety.This section exempts a number of items from permit requirements that must bereviewed for compliance with the Zoning Ordinance. There are adequate definitionscontained in further sections and in the residential code to make this sectionunnecessary.

SECTION 106 CONSTRUCTION DOCUMENTSSection 106.1. Insert: “for new construction, alterations, repairs, expansion, additions ormodifications of buildings or structures, which involve the practice of architecture orengineering, as defined by the professional registration laws of the State of Delaware shallbe prepared by a registered design professional consistent with the professionalregistration laws of the State of Delaware. Construction documents shall include the name,address and license or registration number of the registered design professional and shallbe signed, sealed and dated by the registered design professional in accordance with theprofessional registration or licensing laws, statutes, regulations or administration provisionsof the State of Delaware.”, in place of, “shall be prepared by a registered designprofessional where required by the statues of the jurisdiction in which the project is to beconstructed.”

There is no statutory requirement contained in the Dover Code which governs eitherengineering or architecture. Both are licensed and defined in State Law.

Section 108.3. Insert: “see Section 5-21 Fees for permits” in place of, “in accordance withthe schedule as established by the applicable governing authority”.

Section 112 BOARD OF APPEALS, Delete Section in its entirety.This Section is defined in Dover Code Section 5-3. Construction code appealscommittee.

Section 113.4 Violation Penalties. Insert: “Any person who violates a provision of this codeor fails to comply with any of the requirements thereof or who erects, constructs, places,alters, repairs, a building or structure in violation of the approved construction documents ordirective of the building inspector, or of a permit or certificate issued under the provisions ofthis code shall be charged with a violation of this code and be guilty of a misdemeanor,punishable by a fine of not less than $100.00 or more than $10,000.00, or by imprisonmentthirty (30) days, or both such fine and imprisonment. Each day that a violation continuesshall be deemed a separate offense. In place of: “Any person who violates a provision ofthis code or fails to comply with any of the requirements thereof or who erects, constructs,places, alters, repairs, a building or structure in violation of the approved constructiondocuments or directive of the building inspector, or of a permit or certificate issued underthe provisions of this code, shall be subject to penalties as prescribed by law.

4

This is to keep the Code consistent with the enforcement that was provided for in thepast versions of the code with the addition of penalties that exceed those that arecurrently listed. Formerly the code specified a maximum fine of $100 for allviolations. In some situations this has proven to be an inadequate deterrent to thosewho may repeatedly proceed with construction in violation of the Code.

Section 114.3 Unlawful continuance. Insert: “Any person who shall continue any work afterhaving been served with a stop work order, except such work as that person is directed toperform a violation or unsafe condition, shall be charged with a violation of this section andshall be fined according to the following schedule: $100.00 for any first offense; $250.00for any second offense; $500 for any third offense; and no less than $1000.00 no morethan $10,000.00 for any fourth and subsequent offense. Repeat offenders shall not receivewarnings and shall instead be subject to progressively increasing fines according to theforegoing schedule. Each day that a violation continues shall be deemed a separateoffense., in place of: “Any person who shall continue any work after having been servedwith a stop work order, except such work as that person is directed to perform a violation orunsafe condition, shall be subject to penalties as prescribed by law.”

See above justification for Section 113.

The following 2 sections apply to Flood Related: Section 1612.3. Insert: “Kent County” in place of, “[INSERT NAME OF JURISDICTION]”

Section 1612.3 Insert: “May 5, 2003”,in place of, “[INSERT DATE OF ISSUANCE]”

Existing Buidings:Section 3410.2. Insert: April 4, 1984 in place of [DATE TO BE INSERTED BY THEJURISDICTION. NOTE: IT IS RECOMMENDED THAT THIS DATE COINCIDE WITH THEEFFECTIVE DATE OF BUILDING CODES WITHIN THE JURISDICTION].

5

Revisions to the Residential Code – SummaryCode to be adopted:The International Residential Code, 2003 Edition, as published by the International CodeCouncil.

Sections to be revised, added or deleted:


Section 105.2. Work exempt from permit. Modify as follows:

Building:1. One story detached accessory structures, provided the floor area does not exceed

200 24 square feet (18.58 2.23 m²).2. Fences not over 6 feet (1829mm) high.3. Retaining walls that are not over 4 feet (1219mm) in height measured from thebottom of the footing to the top of the wall, unless supporting a surcharge.1. Water tanks supported directly on grade if the capacity does not exceed 5,000

gallons (18927 L) and the ratio of height to diameter or width does not exceed 2 to 1.5. 2. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade

and not over any basement or story below.6. 3. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work.7. 4. Prefabricated swimming pools that are less than 24 inches (610 mm) deep.8. 5. Swings and other playground equipment accessory to a one or two-family dwelling.9. 6. Window awnings supported by an exterior wall which do not project more than 54

inches (1372 mm) from the exterior wall and do not require additional support.

There are required setbacks contained within the Zoning Ordinance thatare contradictory to these exemptions.

SECTION R106 CONSTRUCTION DOCUMENTSR106.1 Submittal documents. Construction documents, special inspection and structuralobservation programs, and other data shall be submitted in one or more two sets, with eachapplication for a permit. The construction documents shall be prepared by a registereddesign professional where required by the statues of the jurisdiction in which the project isto be constructed. Where special conditions exist, the building official is authorized torequire additional construction documents to be prepared by a registered designprofessional.

The State Regulations for Architects and Engineers allow an exemptionfor Residential construction. This simply brings this portion of the Codeinto agreement with the State regulations.

SECTION R108 FEES

R108.2 Schedule of permit fees. Insert: “see Section 5-21 Fees for permits”, in place of, “inaccordance with the schedule as established by the applicable governing authority”.

SECTION R112 BOARD OF APPEALS Delete Section in its entirety.

6

SECTION R113 VIOLATIONS

Modify Section R113.4 Violation Penalties. Insert: “Any person who violates a provision of thiscode or fails to comply with any of the requirements thereof or who erects, constructs,places, alters, repairs, a building or structure in violation of the approved constructiondocuments or directive of the building inspector, or of a permit or certificate issued underthe provisions of this code shall be charged with a violation of this code and be guilty of amisdemeanor, punishable by a fine of not less than $100.00 or more than $10,000.00, or byimprisonment thirty (30) days, or both such fine and imprisonment. Each day that aviolation continues shall be deemed a separate offense. In place of: “Any person whoviolates a provision of this code or fails to comply with any of the requirements thereof orwho erects, constructs, places, alters, repairs, a building or structure in violation of theapproved construction documents or directive of the building inspector, or of a permit orcertificate issued under the provisions of this code, shall be subject to penalties asprescribed by law.

This is to keep the Code consistent with the enforcement that wasprovided for in the past versions of the code with the addition of penaltiesthat exceed those that are currently listed. Formerly the code specified amaximum fine of $100 for all violations. In some situations this hasproven to be an inadequate deterrent to those who may repeatedlyproceed with construction in violation of the Code.

SECTION R114 STOP WORK ORDERSection R114.3 Unlawful continuance. Insert: “Any person who shall continue any workafter having been served with a stop work order, except such work as that person isdirected to perform a violation or unsafe condition, shall be charged with a violation of thissection and shall be fined according to the following schedule: $100.00 for any firstoffense; $250.00 for any second offense; $500 for any third offense; and no less than$1000.00 no more than $10,000.00 for any fourth and subsequent offense. Repeatoffenders shall not receive warnings and shall instead be subject to progressivelyincreasing fines according to the foregoing schedule. Each day that a violation continuesshall be deemed a separate offense., in place of: “Any person who shall continue any workafter having been served with a stop work order, except such work as that person isdirected to perform a violation or unsafe condition, shall be subject to penalties asprescribed by law.”

See above justification for Section 113.

7

TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

GROUND

SNOW

LOAD

W IND

SPEED

(mph)

SEISMIC

DESIGN

CATEGORY

SUBJECT TO DAMAGE FROM

W INTER

DESIGN

TEMP

ICE SHIELD

UNDER-

LAYMENT

REQUIRED

FLOOD

HAZARDS

AIR

FREEZING

INDEX

MEAN

ANNUAL

W eathering TEMP

Frost

line

depth Termite Decay

25

95 Gust

77 Fastest A Severe 24”

Moderate

to Heavy

Slight to

Moderate 14º NO

May 5,

2003 450 55º

The information in this Table has been referred to in previous adoption ofthe code as, “Based solely on conditions set forth in Figures 301.2(1)through 301.2(8).” Those figures [301.2(1) etc.] do not contain all of theinformation required for the table. Information comes from references toother codes, the National Flood Insurance Program, the National ClimaticData Center and historical data.

CHAPTER 4 FOUNDATIONS

SECTION R403 FOOTINGS

Revise as follows:

R403.1.1 Minimum size. Minimum sizes for concrete and masonry footings shall be as setforth in Table R403.1 and Figure R403.1(1). The footing width, W, shall be based on theload-bearing value of the soil in accordance with Table 401.4.1. Spread footings shall be atleast 6 inches in thickness. Footing projections, P, shall be at least 2 inches and shall notexceed the thickness of the footing. The minimum thickness of a footing shall be thenominal width of the wall but not less than 8 inches. The nominal width of the footings shallbe twice the nominal thickness of the wall. Two story sections of a building shall have aminimum footing width of 24 inches and a minimum footing depth of 10 inches. The size offootings supporting piers and columns shall be based on the tributary load and allowablepressure in accordance with Table 401.4.1.,but in all cases shall be a minimum of 24inches x 24 inches x 12 inches deep. Footings for wood foundations shall be inaccordance with the details set forth in Section R403.2, and Figures R403.1(2) andR403.1(3).

There have never been specific requirements for footings in the buildingcode. The reason for specification is that not all land in the City has thesame bearing capacity. That which is suitable for one type of soil may notbe for others. The minimum proposed to be specified was originallydetermined acceptable for all of the building conditions within KentCounty and will prove to be acceptable for the City of Dover.

R403.1.2 Continuous footings in Seismic Design Categories D1 and D2. Delete in itsentirety and Insert:R403.1.2 Footing reinforcement. Footings shall be reinforced with a minimum of two #4rebar wired together with a minimum 15” overlap; pier footings with a minimum of two #4rebar wired together in two directions, and column footings with three #4 rebar wiredtogether in two directions.

8

R403.1.3 Seismic reinforcing. Delete in its entirety

R403.1.4 Minimum Depth. All exterior footings shall be placed at least 12 24 inches belowthe undisturbed ground. Where applicable, the depth of the footings shall also conform toSections R403.1.4.1 through R403.1.4.2.

403.1.4.1 Frost protection.

Exceptions:2. Freestanding residential accessory structures with an area of 400 240 square feet or

less and an eave height of 10 feet or less, except for pole buildings and garages,shall not be required to be protected provided that they are leveled and secured withtie-downs or equivalent manufactured home fastening devices on each corner.Structures 20 feet or more in length shall have additional anchors attached in thecenter of each side.

3. Decks not supported by a dwelling need not be provided with footings that extendbelow the frost line. Single story supported in part by a dwelling and with 4” x 4”posts shall have footings that are a minimum of 8 inches in diameter; with 6” x 6”posts a minimum of 12” diameter is required; the bottom of all such footings shall bea minimum of 24” below finished grade and be at least 6” deep.

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Revisions to the Mechanical Code – SummaryCode to be adopted:The International Mechanical Code, 2003 Edition, as published by the International CodeCouncil.



SECTION 106.6 Fees

106.5.2 Fee Schedule. Insert: “See Section 5.61 Heating, air conditioning, and heat pumppermit fees”, in place of, The fees for all mechanical work shall be as indicated in thefollowing schedule:[JURISDICTION TO INSERTAPPROPRIATE SCHEDULE]”.

Section 106.5.3 Fee refunds. Delete in its entirety.

SECTION 108 VIOLATIONS

Modify:Section 108.4 Violation Penalties. Any person who shall violate a provision of this code orshall fail to comply with any of the requirements thereof or who shall erect, install, alters, orrepair, a plumbing work in violation of the approved construction documents or directive ofthe code official, or of a permit or certificate issued under the provisions of this code, shallbe guilty of a misdemeanor, punishable by a fine of not less than $100.00 or more than$10,000.00, or by imprisonment not exceeding thirty (30) days, or both such fine andimprisonment. Each day that a violation continues after due notice has been served shallbe deemed a separate offense.

Section 108.5 Stop work orders. Upon notice from the code official, work on any plumbingsystem that is being done contrary to the provisions of this code or in a dangerous andunsafe manner shall immediately cease. Such notice shall be in writing and shall be givento the owner of the property, or to the owner’s agent, or to the person doing the work. Thenotice shall state the conditions under which work is authorized to resume. Where anemergency exists, the code official shall not be required to give a written notice prior tostopping work. Any person who shall continue any work in or about the structure afterhaving been served with a stop work order, except such work as that person is directed toperform to remove a violation or unsafe condition, shall be charged with a violation of thissection and shall be liable to a fine of not less than [AMOUNT] dollars or more than[AMOUNT] dollars. fined according to the following schedule: $100.00 for any first offense;$250.00 for any second offense; $500 for any third offense; and no less than $1000.00 nomore than $10,000.00 for any fourth and subsequent offense. Repeat offenders shall notreceive warnings and shall instead be subject to progressively increasing fines according tothe foregoing schedule. Each day that a violation continues shall be deemed a separateoffense.

SECTION 109 MEANS OF APPEAL Delete Section in its entirety.

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Revisions to the Plumbing Code – SummaryCode to be adopted:The International Plumbing Code, 2003 Edition, as published by the International CodeCouncil.



SECTION 106.6 Fees

Section 106.6.2 Fee Schedule. Insert: “See Section 5.75 Permit Fees”, in place of, “Thefees for all plumbing work shall be as indicated in the following schedule:[JURISDICTION TO INSERTAPPROPRIATE SCHEDULE]”.

Section 106.6.3 Fee refunds. Delete in its entirety.

SECTION 108 VIOLATIONS

Modify as follows:Section 108.4 Violation Penalties. Any person who shall violate a provision of this code orshall fail to comply with any of the requirements thereof or who shall erect, install, alters, orrepair, a plumbing work in violation of the approved construction documents or directive ofthe code official, or of a permit or certificate issued under the provisions of this code, shallbe guilty of a misdemeanor, punishable by a fine of not less than $100.00 or more than$10,000.00, or by imprisonment not exceeding thirty (30) days, or both such fine andimprisonment. Each day that a violation continues after due notice has been served shallbe deemed a separate offense.

Section 108.5 Stop work orders. Upon notice from the code official, work on any plumbingsystem that is being done contrary to the provisions of this code or in a dangerous andunsafe manner shall immediately cease. Such notice shall be in writing and shall be givento the owner of the property, or to the owner’s agent, or to the person doing the work. Thenotice shall state the conditions under which work is authorized to resume. Where anemergency exists, the code official shall not be required to give a written notice prior tostopping work. Any person who shall continue any work in or about the structure afterhaving been served with a stop work order, except such work as that person is directed toperform to remove a violation or unsafe condition, shall be charged with a violation of thissection and shall be liable to a fine of not less than [AMOUNT] dollars or more than[AMOUNT] dollars. fined according to the following schedule: $100.00 for any first offense;$250.00 for any second offense; $500 for any third offense; and no less than $1000.00 nomore than $10,000.00 for any fourth and subsequent offense. Repeat offenders shall notreceive warnings and shall instead be subject to progressively increasing fines according tothe foregoing schedule. Each day that a violation continues shall be deemed a separateoffense.

SECTION 109 MEANS OF APPEAL Delete Section in its entirety.

11

Revisions to the Property Maintenance Code – Summary

Code to be adopted:

The International Mechanical Code, 2003 Edition, as published by the International CodeCouncil.



SECTION 111 MEANS OF APPEAL Delete Section in its entirety.This Section is defined in Dover Code Section 10.5. Housing code board of appeals.

Section 304.14 Insect screens. Insert: "March 1st to November 30th" in place of "[date] to[date]".

Section 602.3 Heat supply. Insert: "September 15th to May 1st" in place of "[date] to[date]".

Section 602.4. Occupiable work spaces. Insert: "September 15th to May 1st" in place of"[date] to [date]".

12

The Section of the Dover Code that refers to the ElectricCode is as follows:

Article III. Electrical Installations__________

*Charter references: Power of city to regulate use of electric current furnished by city, Subpart A,

§ 25.

Cross references: Electrical outlets in dwelling units, § 10-45; city electric utility, § 22-16 et seq.

__________

Sec. 5-31. Electrical code adopted. (a) There is hereby adopted by reference for the purpose of establishing rules andregulations for the installation, renewal, extension, and reception of electric wiring andelectric apparatus in existing buildings, structures or outdoor electrical displays or signs,that certain code known as the "National Electrical Code" as recommended by the NationalFire Protection Association, being particularly the 1990 edition thereof, of which not lessthan three (3) copies have been and now are filed in the office of the building inspector andthe same is hereby adopted and incorporated as fully as if set out at length herein, andshall be controlling for all electrical wiring and apparatus in building, structures, or outdoorelectrical displays, or signs within the city. (b) It shall be unlawful for any person to violate any of the provisions of the code adoptedin subsection (a). (Ord. of 10-23-72, § 1; Ord. No. 3-11-91)

Inasmuch as the City does not issue permits or do inspections of electricalinstallations it is proposed that the above portion of the Dover Code bemodified to make reference to the National Electrical Code, but not aspecific edition of it, to allow for the current edition of the National ElectricalCode to be utilized by electrical contractors and third party inspectionagencies without requiring the City to maintain copies of the code, asfollows:

(a) There is hereby adopted by reference for the purpose of establishing rules andregulations for the installation, renewal, extension, and reception of electric wiring andelectric apparatus in existing buildings, structures or outdoor electrical displays or signs,that certain code known as the "National Electrical Code" as recommended by the NationalFire Protection Association, being particularly the 1990 edition thereof, of which not lessthan three (3) copies have been and now are filed in the office of the building inspector andthe same is hereby adopted and incorporated as fully as if set out at length herein, andshall be controlling for all electrical wiring and apparatus in building, structures, or outdoorelectrical displays, or signs within the city. (b) It shall be unlawful for any person to violate any of the provisions of the code adoptedin subsection (a). (Ord. of 10-23-72, § 1; Ord. No. 3-11-91)

ATTACHMENT #2PARKS, RECREATION, AND COMMUNITY ENHANCEMENT MINUTES 03/15/2005

The following is an draft outline of a possible Vacant Building Ordinance modeled on ourexisting ordinance and five or six ordinances that have been reviewed.

Chapter 10: Article VI Vacant Buildings

10-99A Intent

Purpose – state as to why we are doing this how is the public good and safetyadvanced.

Applicability -what kind of vacant properties will be covered by this, establishthe requirement that vacant properties be registered for monitoring.

Definitions – as needed, particular how do we define vacant

10-99 Monitoring Inspection Standards (See St. Paul 43-05)- Security- Meet Exterior Property Maintenance Codes- Fire Hazards(This is not standard in all ordinances, but the idea might be to require periodicinspections even though vacant; as little as once per year like our Annual HousingInspections for rentals or more often)

10-100 Agent - Responsible Person - Like our Rental License Code we want to requirethat there be a responsible person locally, if the owner is not local then must havea local agent who will be responsible. Either the owner or agent can Register theproperty, or if failure to register then the city official can register the property.

10-101 Monitoring Permits & Fees: Registration Owner or City – See Missouri

Fees: We will need to decide with we want a single fee or different fees based onthe type of building (atypical from our survey)such as :

(a) Residential (b) Commercial (c) Industrial

(d) Boarded – some city require a higher fee if the property is board up andperhaps a penalty rather than a fee

(e) Time – some cities require higher fees for each year it stays vacant

Failure to pay – Like our rental License Code we want to be able to attach anyfee owed as a lien on the property, and if further failure to pay then be able to salethe property at sheriff auction to collect the fee.

10-101 Exemptions: We will need to decide what properties are exempt from theprovisions, most cities have exemptions for certain periods of time. Somepossible exemptions:

(a) Active construction activity on the site(b) Active for sale or lease – Contact with Agent; proof of active advertising for

not more than 20% above market value. (c) Vacant for less than some period of time (We see anywhere from one year to

90 days)(d) Fire or natural damage (Insurance Pending status)(e) Economic hardship (we would rather the money be spent on the house)

10-103 Appeals: Housing Code Board of Appeals – An appeal of the Inspectors decisionwould go to the House Code Board of Appeals.

Features from Other Communities

Gualt, CA – Their code had two sections; a vacant building monitoring fee and the Long-term(90 days) boarded and vacant.

Short term: any boarded building (immediately) or any building vacant for 90 days. (Unique, no affirmative action by owner to comply) Billed by the City upon finding the propertyvacant. Fee is all reasonable costs for monitoring, so fee can evolve.

Long Term: (Unique: long term not allowed) No boarded up properties for longer than 90days with exceptions (active permit, meets code and not a blight, building officialdetermination.) Since not allowed, owner would pay admin penalties:

Admin Penalties: first 90 days, up to $1,000 penalty, Second 90 days up to $5,000 penaltyIf owner has 2 vacant properties w/in 2 years then no less than

$2,000 or more than $10,000Building Official sets the penalty based on outlined factors. Owner must be offered AdminHearing before the building official.

St. Pau, MN – Register after 30 days, pay $250 registration fee at 1 year anniversary. Abuilding is not vacant if it is unoccupied, secured by way of locked windows and doors, and nonuisance violations or building code violation.

Sioux Falls – 30 days after vacant the first annual payment of $200 is to be paid to register thevacant property. Payment of this registration is required prior to issuance of a building permit. New owners are required to pay the registration fee upon transfer. A Vacant Building is not abuilding that is code compliant and secure with locked doors and intact windows.

Missouri Model Ordinance - the State adopted a model ordinance for municipalities to use,leaving the fee up to the City, but it’s a semi-annual fee. One novel approach is that it allows acity official to register the building if the owner fails to do so. Vacancy must be for six months

and have code violations to be subject to registration fee. Give municipality the right to placeliens on property for failure to pay and collect through court action.

Wilmington, DE – Owner is to register if property vacant for more than 45 days. After 1 yearthe owner is billed an annual fee per following:

Year 1 $500; Year 2 $1,000; Yrs 3-4 $2,000; Yrs 5-9 $3,500; Yr 10 $5,000One time waiver if active demo, rehab, or other repairs; actively marketing property for sale orlease. Vacant is no one lawfully occupies or does business in any part of the building. Mostdetailed on definition of owner.

Consistent conceptsMost ordinances define vacant buildings as something more than just empty. They have to havecode issues or be boarded or condemned. Most ordinances allow for exemptions, such as anactive building permit, perhaps fire damage, some for active contract for sale. The burden ofregistration is typically on the owner.

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE

The Safety Advisory and Transportation Committee Meeting was held on March 16, 2005, at7:08 p.m. with Chairman Ritter presiding. Mr. Lakeman was present. Mr. Carey, Mr. Pitts, andMr. Simmons were absent. Due to the lack of a quorum, no official action was taken.

AGENDA ADDITIONS/DELETIONSMr. Ritter accepted the agenda as presented.

Update - DelDOT Projects (Gary Laing)Due to the absence of Mr. Gary Laing, DelDOT Municipal Liaison, the Update on DelDOT Projectswas not provided.

Proposed Ordinance Amendments - Chapter 4.5 - BicyclesDuring the review of the Dover Code, Chief Horvath and Major Harding suggested that Chapter 4.5,Bicycles, be amended to bring it up-to-date and have it be more realistic as far as enforcement issuesare concerned. Members reviewed the proposed ordinance amendments and, although there was nota quorum, it was the consensus of members present that the proposed ordinance amendments beforwarded to Council for consideration (Attachment #1).

Review of Existing Common Street NamesAt the request of Councilman Ritter, Fire Chief Bashista composed a list of street, development, andapartment names that could be confusing to dispatchers and first responders during an emergency.Although staff did not suggest changing any of the current names, they recommended that moreattention be paid to these concerns in the future.

Members reviewed the list and it was the consensus of members present that more attention shouldbe paid to the naming of streets, developments, and apartments in the future. No further action wasrecommended.

There being no further business, Chairman Ritter declared the meeting adjourned.



Robert G. Ritter, Jr.Chairman

RGR/tamS:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2005\03-16-2005 SA&T Committe.wpd

Attachments

Attachment #1 - Proposed Ordinance Amendments - Section 4.5 - Bicycles

ATTACHMENT #1SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MINUTES 03/16/2005

Chapter 4.5

BICYCLES AND OTHER SIMILAR HUMAN-POWERED VEHICLES*__________

*Editor's note: An ordinance enacted Feb. 22, 1982, amended Ch. 13 by adding several sections pertaining to

bicycles. With the permission of the city, these sections and provisions formerly codified as §§ 13-12--13-13.1, have been

redesignated as §§ 4.5-1--4.5-11 for purposes of classification.

__________

Sec. 4.5-1. License plate required.

It shall be unlawful for any person to operate a bicycle upon any of the streets of the city unlessa valid bicycle license plate is attached to the bicycle in a plainly visible position. (Ord. of 2-22-82)

Sec. 4.5-1. Regulations.

The operation and use of bicycles and other similar human-powered vehicles (including, butnot limited to bicycles, scooters, skateboards, rollerblades, rollerskates, and the like) - excludingwheel chairs and other devices used for handicapped transportation - will be governed by thisChapter and the motor vehicle laws of the State of Delaware {Title 21, Chapter 41, SubchapterXII}.

Sec. 4.5-2. Issuance of license; term; extent of authorization.

The police force shall issue bicycle licenses upon written application therefor on the forms asprovided by it, and upon payment of the proper fee as provided in section 4.5-4. The licenses shallbe valid and effective from the date of issuance or renewal, to the thirty-first day of May. Eachlicense shall entitle the licensee to operate the bicycle for which the license has been issued upon allthe streets, subject to the provision of section 4.5-8. (Ord. of 2-22-82)

Sec. 4.5-2. Bicycle Registration.

The police department is hereby authorized to register bicycles upon written application. Suchregistration is encouraged and will be maintained by the police department for identificationpurposes. Such registration shall also entitle the operation of the bicycle in the city.

Sec. 4.5-3. License cards and plates; records.

The police force shall provide license cards and license plates suitable for attachment to bicycles.The license cards and plates shall be numbered in numerical order beginning with the number one,and one of each shall be issued with each license. The police force shall keep a record of the date andnumber of each license issued, the name of the licensee and the frame number of the bicycle forwhich the license is issued. (Ord. of 2-22-82)

Sec. 4.5-4. License fees; transfer fees.

ATTACHMENT #1 Page 2SA&T COMMITTEE MINUTES 03-16-2005

The fee for the issuance of a bicycle license shall be twenty-five cents ($0.25) and for eachrenewal thereof ten cents ($0.10). Licenses may be transferred, and the fee for the registration of atransfer shall be twenty-five cents ($0.25). (Ord. of 2-22-82)

Sec. 4.5-5. Reserved.

Editor's note: An ordinance enacted June 14, 1982, repealed §13-13.6, which had been included as §4.5-5,

pertained to the title transfer report and the application for registration transfer, and was derived from an ordinance

enacted Feb. 22, 1982.

Sec. 4.5-6. Impoundment of unlicensed bicycles.

The police force may impound any bicycle operated in violation of section 4.5-1 and retainpossession thereof until a license is obtained by the owner of the bicycle. Should the police forceretain possession for more than sixty (60) days, it may dispose of the bicycle. (Ord. of 2-22-82)

Sec. 4.5-7. Tampering with bicycles, license plates, registration cards prohibited.

It shall be unlawful for any person to wilfully or maliciously remove, destroy, mutilate or alterthe number of any bicycle licensed pursuant to this article. It shall also be unlawful for any personto remove, destroy, mutilate or alter any license plate or registration card during the time in whichthe license plate or registration card is operative; provided however, that nothing in this section shallprohibit the police force from stamping numbers on the frames of bicycles on which no serialnumber can be found, or on which the number is illegible or insufficient for identification purposes.(Ord. of 2-22-82)

Sec. 4.5-8. Reserved.

Editor's note: An ordinance enacted June 14, 1982, repealed §13-13.8, which had been included as §4.5-8,

pertained to riding and traffic regulations generally, and was derived from an ordinance enacted Feb. 22, 1982.

Sec. 4.5-9. Riding bicycles abreast.

Persons riding bicycles upon streets shall not ride more than two (2) abreast except upon pathsor streets set aside for the exclusive use of bicycles. (Code 1968, § 31-97)

Sec. 4.5-10. Leaving bicycles unattended on sidewalks.

It shall be unlawful for any person to leave a bicycle unattended upon a sidewalk in such manneras to impede pedestrian traffic. (Code 1968, § 31-97)

Sec. 4.5-11. Bicycles and skateboards on sidewalks.

The use and operation of bicycles and skateboards other similar human-power vehicles(including, but not limited to bicycles, scooters, skateboards, rollerblades, rollerskates, and the

ATTACHMENT #1 Page 3SA&T COMMITTEE MINUTES 03-16-2005

like) - excluding wheel chairs and other devices used for handicapped transportation - onsidewalks in the downtown shopping area is hereby prohibited. This section shall be enforced by theerection of appropriate signs in the downtown shopping area designating the areas where bicyclesand skateboards other similar human-power vehicles may not be used. (Ord. of 10-22-79)

Sec. 4.5-12. Penalties for violation.

Any person who shall violate any of the sections of this chapter, or who shall fail to complytherewith, or with any of the requirements thereof, shall be subject to a fine not to exceed onehundred dollars ($100.00) and not less than ten dollars ($10.00). Fines not paid within fourteen (14)days of the day the fine was issued, including the day the fine was issued, shall be automaticallydoubled in amount. (Ord. of 7-28-86; Ord. of 9-22-03)

/jgS:\ClerksOffice\Attachments and Exhibits\Committee Attachments\2005\03-16-2005 SA&T - Attachment #1 - Chapter 4.5 Bicycles.wpd

CITY OF DOVER

FINANCE DEPARTMENT

MONTHLY BUDGET REPORT

FEBRUARY 2005

PREPARED BY: FINANCE DEPARTMENT

PLEASE NOTE – THIS NEWLY FORMATTED REPORT PROVIDES TOP LINE INFORMATION ON THE THREE MAJOR OPERATING FUNDS. IF YOU WOULD LIKE ADDITIONAL INFORMATION PLEASE FEEL FREE TO CONTACT THE FINANCE DEPARTMENT.

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City of Dover Finance Department

Monthly Report February 2005

Strategic Objectives for Fiscal Year 2004 – 2005

1. Hire Assistant Finance Director in July 2004 – Completed 7/26/04

2. Develop and implement a monthly report to monitor our debt covenants by January 1, 2005. This

objective is being worked on after the completion of the annual audit.

3. Develop and implement a monthly cash flow and working capital reconciliation for each major fund by November 30, 2004. This objective has been discussed with Assistant Director and a new deadline was established for the period ended December 31, 2004 due to the delay in filling the position.

4. Publish the Comprehensive Annual Financial Report by November 10, 2004. The report has been

completed, published and sent to GFOA on December 29, 2004. Major Projects In Process or Completed:

1. Electric Bond Refinancing and IRS negotiations – Completed

2. Pension Fund Asset Manager & Custody Agreement – Completed

3. Pension Actuarial Analysis – Completed

4. Comprehensive Annual Financial Report & Audit – Completed

5. Annual Report from Electric Engineer Consultant on Electric System – Completed

6. Final Arbitrage Rebate Calculations for Electric Bonds – Completed Activity Levels

FY04 – YTD FY05 – YTDPayroll: Number of Pay Periods 17 17 Number of Payroll Checks 6,713 6,621 Number of Pension Checks 1,655 1,685 Total Gross Payroll $ 10,432,644 $ 11,113,278 Total Pension Payments $ 2,330,264 $ 2,414,800 Total Overtime $ 372,281 $ 391,977 Accounts Payable: Number of Vouchers 6,196 5,623 Dollar Amount Disbursed $ 14,481,809 $ 14,047,242

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Budget YTD Balance % of BudgetReceipts Property & Transfer Taxes 8,796,454$ 8,987,923$ (191,469)$ 102.2% Licenses & Permits 2,255,373 1,933,069 322,304 85.7% Fines & Police Revenues 1,012,740 743,429 269,311 73.4% Sanitation Revenues 1,112,000 776,716 335,284 69.8% Library & Recreation Revenues 423,400 323,626 99,774 76.4% Franchise Fees 360,000 194,261 165,739 54.0%Court of Chancery Fees 480,000 388,500 91,500 80.9% Intrafund Services 4,898,863 2,772,912 2,125,951 56.6% Grants 310,000 212,913 97,087 68.7% Transfers-In from Grants & Utilities Electric Fund 5,463,008 5,463,008 - 100.0% Water/Wastewater Fund 848,016 612,004 236,012 72.2% Civil Traffic Penalties Fund (1) 800,000 - 800,000 0.0% Municipal Street Aid Fund 780,000 391,182 388,818 50.2% Contingency Reserve 250,000 250,000 - 100.0%Other Miscellaneous Revenues 280,523 146,347 134,176 52.2%Total 28,070,377$ 23,195,890$ 4,874,487$ 82.6%

Expenditures City Clerk & Council 514,694$ 231,519$ 283,175$ 45.0% Mayor, City Manager & Human Resources 865,548 425,544 440,004 49.2% Police & Police Extra Duty 10,317,366 6,506,135 3,811,231 63.1% Public Works 4,777,137 3,164,984 1,612,153 66.3% Central Services 2,486,256 1,493,468 992,788 60.1% Planning & Inspections 1,181,642 686,602 495,040 58.1% Finance, I/T & Administrative Services 2,596,497 1,488,863 1,107,634 57.3% Library & Recreation 1,721,767 1,028,130 693,637 59.7% Fire 924,434 710,745 213,689 76.9% Assessor 251,212 113,276 137,936 45.1% Debt Service 440,372 440,371 1 100.0% Insurance 574,643 266,669 307,974 46.4% Retiree’s Health Care 646,627 394,161 252,466 61.0% Street Lights 460,000 356,938 103,062 77.6% Transfers Out - Parkland/Recreation Fund 374,970 - 374,970 0.0% Transfers Out - Post Retirement Benefit Fund 600,000 600,000 - 100.0%Total 28,733,165$ 17,907,405$ 10,825,760$ 62.3%

Excess Receipts/(Expenditures) (662,788)$ 5,288,485$ (5,951,273)$

Working Capital & Reserve Balances - Unaudited Working Capital - Budget Balance 2,254,366$ Contingency 544,546$ Capital Asset Replacement 166,959$ Parkland/Recreation 597,671$

Footnotes: (1) Civil Traffic penalties are not being received at the budgeted level. The City Manager is reviewing the reports and is in discussions with the State and the vendor.

General Fund Summary

City of DoverFinance Department

Monthly Report – February, 2005

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Budget YTD Balance % of BudgetRevenue Water Fees & Water Tank Leases 4,202,602$ 2,720,064$ 1,482,538$ 64.7% Wastewater Fees & Impact Fees 3,596,810 2,715,859 880,951 75.5% Kent County Treatment Fees (1) 2,788,875 1,740,093 1,048,782 62.4% Transfer In from Contingency Reserve 241,680 60,420 181,260 25.0% Miscellaneous 111,950 109,564 2,386 97.9%Total 10,941,917$ 7,346,000$ 3,595,917$ 67.1%

Expenses Water & Water Treatment Plant 1,519,209$ 882,783$ 636,426$ 58.1% Wastewater 758,196 449,884 308,312 59.3% Water Meter Reading 57,685 35,250 22,435 61.1% Construction & Inspection 495,136 308,378 186,758 62.3% Kent County Treatment Fees (1) 3,600,000 2,204,542 1,395,458 61.2% Retiree’s Health Care 96,330 72,077 24,253 74.8% Debt Service & Arbitrage (2) 1,129,103 482,848 646,255 42.8% Intrafund Services 1,025,270 578,597 446,673 56.4% Transfers Out General Fund 848,016 612,004 236,012 72.2% Water/Wastewater I & E Fund 227,151 137,151 90,000 60.4% Impact Fee Reserve 147,860 - 147,860 0.0% Post-Retirement Benefit Fund 100,000 100,000 - 100.0%Total 10,003,956$ 5,863,514$ 4,140,442$ 58.6%

Excess Revenues/(Expenses) 937,961$ 1,482,486$ (544,525)$

Working Capital & Reserve Balances - Unaudited Working Capital - Budget Balance - Water 2,293,963$ Working Capital - Budget Balance - WW 1,344,727$ Working Capital - Budget Balance - KSA (1) (1,507,895)$ Contingency 594,068$ Capital Asset Replacement 2,389$ Impact Fee Reserve 1,454,443$

Footnotes: (1) The Kent County Treatment Fee expense continues to exceed the revenues. The budgeted working capital of negative $1,364,104 will been increased to negative $1,507,895 or by $143,791 due to actual charges exceeding the budgeted charges in the FY04 Revised Budget. The adjustment is included in the budget revision of 10/25/04.

(2) Budgeted debt service of $1,621,000 has been reduced by $491,708 due to excess funds in our bond reserves. Arbitrage calculations were completed in August and we paid the IRS $34,390 for arbitrage.



Water/Wastewater Fund Summary

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Budget YTD Balance % of BudgetRevenue Sales to Customers 55,633,802$ 38,198,965$ 17,434,837$ 68.7% Purchase Power Adjustment 4,934,544 2,907,926 2,026,618 58.9% Utility Tax 1,182,367 716,264 466,103 60.6% Weyandt Hall Rents 496,000 311,319 184,681 62.8% Miscellaneous Revenues 290,885 235,593 55,292 81.0% Duke Contract Revenue - 1,072,405 (1,072,405) 0.0%Total 62,537,598$ 43,442,472$ 19,095,126$ 69.5%

Expenses Purchased Power 40,555,237$ 26,761,499$ 13,793,738$ 66.0% Electric Operating Divisions 5,720,699 3,506,336 2,214,363 61.3% Utility Tax 1,182,367 739,848 442,519 62.6% Interest on Deposits 15,000 18,386 (3,386) 122.6% Retirees Health Care 456,656 281,346 175,310 61.6% Accounts Receivable Write-Offs 125,000 125,000 - 100.0% Inventory Write-Offs 125,000 125,000 - 100.0% Debt Service & Arbitrage (1) 2,220,213 1,390,021 830,192 62.6% Intrafund Services 3,873,593 2,194,315 1,679,278 56.6% Transfers Out General Fund 5,463,008 5,463,008 - 100.0% Contingency Reserve 22,000 22,000 - 100.0% Rate Stabilization Reserve 500,000 1,072,405 (572,405) 214.5% Future Capacity Reserve 2,000,000 2,000,000 - 100.0% Post-Retirement Benefit Fund 200,000 200,000 - 100.0%Total 62,458,773$ 43,899,164$ 18,559,609$ 70.3%

Excess Revenues/(Expenses) 78,825$ (456,692)$ 535,517$

Working Capital & Reserve Balances - Unaudited Working Capital - Budget Balance 3,921,490$ Contingency Reserve 1,136,517$ Insurance Reserve 217,738$ Rate Stabilization Reserve 2,489,825$ Depreciation Reserve 15,143,337$ Future Capacity Reserve 10,272,758$ Footnotes: (1) Budgeted debt service of $2,623,372 has been reduced by $453,159 due to excess funds in our bond reserves. Final arbitrage calculations were completed in November. No final rebate fee was due.



Electric Revenue Fund Summary

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Budget YTD Balance Project #

Greenway Grant - Fund 709 Silver Lake Park Bridge Replacement 117,000$ -$ 117,000$ PR0506 Community Transportation - Fund 317, 318, & 319 Hanson House - 317 36,000$ * 5,190$ 30,810$ TE0201 Dover High School Ditch - 318 82,757$ 10,821$ 71,936$ ST0203 Street & Alleys - 318 -$ 184,565$ (184,565)$ ST0302 FY05 Street Program - 318 1,444,618$ 208,690$ 1,235,928$ ST0501 Generic Subdivision Signs - 318 75,000$ 19,805$ 55,195$ ST0505 Garrison Oak Technology Park - 319 294,459$ * 56,613$ 237,846$ WW0304

General Fund Pear Street Warehouse Renovations 40,000$ * 17,004$ 22,996$ SP0001 Tennis Court Refurbishing 59,885$ * 59,885$ -$ PR0401 William Street Warehouse Roof Replacement 94,300$ * 94,300$ -$ FM0407 City Hall Roof Replacement 47,390$ * 47,390$ -$ FM0408 Remittance Processing System 67,650$ -$ 67,650$ N/A Pole Barn for William Street Yard 80,000$ * 55,181$ 24,819$ FM0405 Legislative Management Software 64,000$ -$ 64,000$ N/A White Oak Park Enhancements - Grant Funded 60,000$ -$ 60,000$ PR0504 Police Radio System Upgrade - Grant Funded 375,000$ -$ 375,000$ PD0501 Police Server Upgrade for CAD/RMS - ($170M Grant) 200,000$ * -$ 200,000$ PD0405 Playground Equip Replacement-05 50,000$ 45,305$ 4,695$ PR0503 911/Telephone System Upgrade 30,371$ 30,971$ (600)$ PD0502 Concrete Construction Prog 05 40,000$ 23,242$ 16,758$ ST0502

Water/Wastewater Fund US 13 Sanitary Sewer Interceptor 1,171,998$ * 1,140$ 1,170,858$ WW0101 Puncheon Run Motor Control Replacement 578,332$ * 51,760$ 526,572$ WW0302 Walker Road Pump Station Upgrade 347,371$ * 291,748$ 55,623$ WW0303 Division Street Water Main 598,340$ * -$ 598,340$ WD0304 West Rustic Lane Sewer Interceptor 75,000$ * -$ 75,000$ WW0401 West Dover Water Loop 44,060$ * 35,414$ 8,646$ WD0402 Elevated Storage Tank Maintenance 70,130$ 21,875$ 48,255$ WS0504 Wellhead Redevelopment Program & VFD's 100,000$ 99,891$ 109$ WS0505 Cast Iron Main Replacement (Brown Water) 50,000$ -$ 50,000$ WS0502 Miscellaneous Distribution Improvements (Lakeland) 40,449$ 42,326$ (1,877)$ WD0503 Infiltration Removal 75,000$ -$ 75,000$ WS0501 Puncheon Run Sewer Extension 75,000$ -$ 75,000$ WW0505

Electric Revenue Fund Cartanza Substation & Lines 938,777$ * 699,761$ 239,016$ ES0103 Mayfair 69kv/12kv Transformer 176,515$ * -$ 176,515$ ES0105 Division Street Substation 494,636$ * 21,703$ 472,933$ ES0301 VanSant to Mayfair 69kv lines 300,000$ * 6,250$ 293,750$ EE0407 Delaware State University 60,000$ * 34,848$ 25,152$ EE0414 4kv to 12 kv Upgrades 214,000$ 27,536$ 186,464$ ED0501 Distribution Upgrades 52,842$ 25,361$ 27,481$ EU0501 Grandview Trailer Park 25,074$ 37,436$ (12,362)$ EE0508 Capital Green 36,000$ 29,938$ 6,062$ EE0523 White Oak 69kv Rebuild 273,900$ 61,409$ 212,491$ EE0401 UG Transformers - New Construction 205,500$ 101,410$ 104,090$ Various UG Conductors - Devices - New Construction 994,377$ 387,319$ 607,058$ Various Radio Read Meter Replacement Program 195,000$ 128,877$ 66,123$ ET0501 Pole Inventory System 160,000$ -$ 160,000$ EE0503

* Denotes project carried forward from prior fiscal year(s); 10/25/04 budget revisions are incorporated in FY04 project balance.


Monthly Report – February, 2005Major CIP Projects to be Completed

Dover Police Department

Monthly Report To

Mayor & City Council

“To Protect and Serve”

February 2005

March 22, 2005 The Honorable Stephen R. Speed, Mayor Members of Dover City Council City Hall Dover, DE 19901 Mayor Speed and Council Members: The following is the report on Police Department activities for the month of February 2005:

3,9454,325 4,393 4,756 4,493

0

2,000

4,000

6,000

2001 2002 2003 2004 2005

COMPLAINTS Total complaints received through February 28th, numbered 4,493. This is a decrease of 263 complaints over the same time period for last year.

3 32

3

1 1 1 10

0

2

4

6

Burglary Robbery Rape

Cases Reported inFebruary

Cases Cleared inFebruary

Cases Clearedfrom PreviousMonths

CRIMINAL INVESTIGATIONS

Report to Mayor and Council February 2005 Page 2

3,104 3,066 2,803

3,539 3,462

0

1,000

2,000

3,000

4,000

5,000

2001 2002 2003 2004 2005

TRAFFIC ARRESTS The department issued 3,462 traffic citations through this reporting period. This is a decrease of 77 citations over the number issued during the same period last year.

311 335396

314360

0

200

400

600

2001 2002 2003 2004 2005

TRAFFIC ACCIDENTS Through February 28th, police investigated 360 traffic accidents. This is an increase of 46 accidents investigated during the same period last year.

17%

83%

911 Calls

AdministrativeCalls

911 CENTER During the month of February, our 911 Center handled a total of 10,398 calls averaging 372 calls per day. Dispatchers handled 1,745 calls on the 911 lines, an average of 63 calls per day.

19%

69%

12%

Transports

Additional Units

No Transport

EMERGENCY PREPAREDNESS & BASIC LIFE SUPPORT DIVISION: Prime Care Medial Transport, Inc. responded to 401 emergency calls in February resulting in 314 patient transports. The average response time from dispatch by 911 to arrival on scene was 8 minutes and 0 seconds. Additional units responded to 54 of the 401 calls.

Report to Mayor and Council February 2005 Page 3 CITY ORDINANCE SUMMONS

2,354

1,383

2,031

1,4791,392

878

1,465

847

1,468

960

0

600

1,200

1,800

2,400

3,000

2001 2002 2003 2004 2005

ISSUED PAID

Through February 28th, we issued 1,468 city ordinance summons an increase of 3 summons over February of last year. *Note: of those summonses issued in February, 50 were issued for handicapped parking violations, 31 for fire lane parking violations, 26 for false alarms (16 for 3-5 alarms, 6 for 6-9 alarms, 1 for 10-15 alarms, and 3 for 16 or more alarms) and 7 for noise violations (3 for vehicle violations and 4 for residence violations). Listed below are the major crimes and activities that occurred during the month of February:

• On February 1, 2005, Dover Officers responded to Fulton Street for a report of an infant found unconscious in a bathtub of water. The child was pronounced dead at the hospital. Through investigation, it was determined that the mother fell asleep after consuming drugs. The mother has been charged with Murder by Neglect.

• On February 9, 2005, Dover Officers and Probation & Parole Officers conducted a search

warrant at two residences on New Street. As a result of the search, officers seized 6.4 grams of crack cocaine, $615.00 in cash and drug paraphernalia. Two subjects were charged with numerous drug and criminal offenses.

• On February 10, 2005, the Juvenile Unit conducted the D.A.R.E. Graduation at W. Reilly

Brown.

• On February 10, 2005, Dover Officers arrested a female subject for prostitution after she agreed to engage in sexual activity for a fee. The male subject was also arrested and charged with patronizing a prostitute.

• On February 10, 2005, Dover Officers arrested a subject on multiple drug charges after

stopping his car and finding approximately 19 grams of cocaine and a small amount of marijuana.

• On February 10, 2005, Dover Police Department Recruits: Kevin Streadwick and Mark

Hoffman graduated from the Delaware State Police Academy and were sworn in by Mayor Speed on February 11, 2005.

• On February 13, 2005, Dover Officers responded to Liberty Court Apartments for a report

of a subject being shot. A 20 year old male victim was found deceased in the parking lot. The investigation continues into this homicide.

• On February 17, 2005 DVOC officers conducted a prostitution sting in the area of Fulton

Street. Four females were arrested after agreeing to engage in sexual activity with an undercover officer.

Report to Mayor and Council February 2005 Page 4

• On February 23, 2005, the Department held it’s Promotion & Awards Ceremony. Officers who were honored for their recent promotions are: David Boney promoted to Sergeant, Jason Pires promoted to Corporal, Jeffrey Gott promoted to Patrolman First Class. The Department also recognized officers and civilians for their outstanding work in 2004. PFC Robert Barrett was honored as Dover Police Department’s Officer of the Year and Mark Moore was honored as Dover Police Department’s Civilian of the Year.

• On February 25, 2005, Dover Officers checked on a suspicious vehicle in the parking lot of

Extremes. Officers discovered a subject in the vehicle sitting on a loaded handgun. The subject was arrested without incident.

• On February 25, 2005, DVOC Officers conducted a search warrant at a residence on Queen

Street. As a result of the search, officers seized 6 grams of cocaine and two subjects were charged with numerous drug and criminal offenses.

• On February 26, 2005, a male victim reported that two unknown subjects had assaulted him

at his residence on Sussex Ave. The victim reported that he heard a knock at the door and when he opened it two unknown males wearing masks entered the residence and struck him with an unknown object and then shot him. The victim was taken to KGH/Bayhealth where he was treated and released for a gunshot wound to his shoulder.

Respectfully Submitted,

Jeffrey Horvath Chief of Police

Monthly Report February 2005

City Assessor’s Office

City of DoverAssessor's Monthly Report

Fiscal Year 2005

Property Tax Assessments and Collections

Assessed Value Senior State Assessment Taxable Taxes Billing Adjusted Total Tax TaxesMonth Before Exemptions Exemptions Exemptions Adjustments Value Levied Adjustments Billing Collections Outstanding

July 2,576,105,400$ (10,427,300)$ (830,863,000)$ 3,338,400$ 1,738,153,500$ 7,071,694$ (42,563)$ 7,029,131$ 4,710,686$ 2,407,882$

August 2,579,443,800 (10,427,300) (830,863,000) 2,497,300 1,740,650,800$ - (1,308) 7,027,823$ 1,897,605 508,969

September 2,581,941,100 (10,427,300) (830,863,000) 8,662,400 1,749,313,200 - (1,416) 7,026,407$ 160,454 347,099

October 2,590,603,500 (10,427,300) (830,863,000) 5,192,500 1,754,505,700 24,585 - 7,050,992$ 79,424 292,259

November 2,595,796,000 (10,427,300) (830,863,000) 1,041,500 1,755,547,200 - (1,013) 7,049,979$ 44,284 246,962 -

December 2,596,837,500 (10,427,300) (830,863,000) 3,073,900 1,758,621,100 - (4,616) 7,045,363$ 24,877 217,469

January 2,599,911,400 (10,427,300) (830,863,000) 2,432,700 1,761,053,800 6,050 (1,107) 7,050,306$ 34,043 188,369

February 2,602,344,100 (10,427,300) (830,863,000) (472,800) 1,760,581,000 - 1,195 7,051,501$ 20,414 169,150

March

April

May

June

Year to Date (excludes BID tax) 25,765,900$ 7,051,501 6,971,787$

Other Tax Related Cash Receipts

CurrentMonth YTD

Penalties (recorded when received; not billed) 2,516$ 34,425$

Pay In Lieu Of State of Delaware -$ 92,229$ St. Andrews Church 650$ 650

92,879$ Farmland Rollback Lafferty Lane -$ 10,481$ South Little Creek Road - 30,829 White Oak Road 66,094$ 66,094

107,404$

Total Property Tax Receipts 7,286,209$

Transfer Taxes 174,112$ 1,658,029$

CITY OF DOVER PROPERTY TRANSFERS -EXISTING FOR THE MONTH OF FEBRUARY 2005 RESIDENTIAL

SALES TRANSFER TYPEBUYER/SELLER PROPERTY LOCATION APPRAISAL SALE PRICE RATIO TAX # SALES

S ROBERT G. ANDRUS 226 GREEN BLADE DR. $80,200.00 $111,500.00 72% $1,672.50 RESIDENTIALB COSMO F. & LUISA LOFFREDA 1

S WESTOVER LLC 261 TRAFALGAR DR. $164,200.00 $150,060.00 109% $2,250.90 RESIDENTIALB PATRICIA A. LENHARD 1

S KC SHERIFF 959 BOGGS DR. $106,800.00 $98,200.00 109% $1,473.00 RESIDENTIALB MESSINA MEL INC SHERIFF SALE 1

S DAVID M. & DIANE D. PARTRIDGE 9 GRAND HALL $47,300.00 $55,000.00 86% $825.00 RESIDENTIALB WILLIAM E. & PATRICIA B. PINDER 1

S REAL ESTATE INVESTOR CO LLC 9 PENNSYLVANIA AVE. $21,800.00 $25,000.00 87% $187.50 RESIDENTIALB ERIC HOGATE FIRST TIME BUYER 1

S VERNON WILSON 26 FAIRWAY CT. $231,300.00 $272,500.00 85% $4,087.50 RESIDENTIALB JOSEPH M. & KRISTEN J. O'DAY 1

S CARDINAL WOODS PROPERTIES LLC 23 FOREST CREEK DR. $81,500.00 $110,700.00 74% $1,660.50 RESIDENTIALB MARK UNTERREINER 1

S STEPHEN CARTER JR. 487 S. QUEEN ST. $81,300.00 $100,000.00 81% $1,500.00 RESIDENTIALB ANDREW M. BERMAN & RICHARD L. ENGLE 1

S BAYHEALTH FOUNDATION 38 WASHINGTON ST. $30,200.00 $40,000.00 76% $600.00 RESIDENTIALB PATTY C. DOWNES 1

S ASHOK & SUREKHA SHETTY 26 ARBOR DR. $149,200.00 $209,900.00 71% $1,574.25 RESIDENTIALB PRENTICE V. & BARBARA L. GRIFFIN FIRST TIME BUYER 1

S PONY EXPRESS LLC 11 N. NEW ST. $37,000.00 $49,000.00 76% $735.00 RESIDENTIALB BLT KEN X LLC 1

S CHARLES W. LISTER JR. 1001 WHITE OAK RD. L-11 $21,300.00 $26,000.00 82% $390.00 RESIDENTIALB MARK CANTRELL 1

S ERNEST & HELEN DAVIDSON 529 AMERICAN AVE. $139,500.00 $170,000.00 82% $2,550.00 RESIDENTIALB FRANK G. & CHERYL T. YOUNG 1

S RICHARD DELACRUZ 322 NORTHDOWN DR. $105,700.00 $149,000.00 71% $2,235.00 RESIDENTIALB DEIDRA W. ADAMS 1

FEBRUARY TOTALS (RESIDENTIAL) $1,297,300.00 $1,566,860.00 83% 14

CITY OF DOVER PROPERTY TRANSFERS -EXISTING FOR THE MONTH OF FEBRUARY 2005 COMMERCIAL

SALES TRANSFER TYPEBUYER/SELLER PROPERTY LOCATION APPRAISAL SALE PRICE RATIO TAX # SALES

NO COMMERCIAL SALES

SUMMARY SHEETMONTH TOTAL MONTH TOTAL MONTH TOTAL # # APPRAISED APPRAISED SALE SALE MONTH TOTAL MAILING

TYPE SALES SALES VALUE VALUE PRICE PRICE RATIO RATIO PERMITS LISTSJul-04 RES 40 $4,583,300.00 $5,760,925.00 80%

COMM 3 $7,691,900.00 $8,606,000.00 89%LAND 1 $19,300.00 $20,000.00 97%

Jul-04 TOTAL 44 $12,294,500.00 $14,386,925.00 85% 184 7

Aug-04 RES 33 $3,681,800.00 $4,441,680.00 83%COMM 0 $0.00 $0.00 0%LAND 3 $160,300.00 $169,000.00 95%

Aug-04 TOTAL 36 $3,842,100.00 $4,610,680.00 83% 174 6

Sep-04 RES 50 $5,825,000.00 $7,275,288.00 80%COMM 0 $0.00 $0.00 0%LAND 0 $0.00 $0.00 0%

Sep-04 TOTAL 50 $5,825,000.00 $7,275,288.00 80% 190 6

Oct-04 RES 32 $3,104,400.00 $3,878,660.00 80%COMM 1 $306,700.00 $310,000.00 99%LAND 2 $229,200.00 $230,000.00 100%

Oct-04 TOTAL 35 $3,640,300.00 $4,418,660.00 82% 212 13

Nov-04 RES 34 $3,560,800.00 $4,439,476.00 80%COMM 1 $2,077,100.00 $2,617,200.00 79%LAND 1 $351,700.00 $500,000.00 70%

Nov-04 TOTAL 36 $5,989,600.00 $7,556,676.00 79% 211 7

Dec-04 RES 13 $1,205,400.00 $1,323,600.00 91%COMM 1 $367,700.00 $420,000.00 88%LAND 0 $0.00 $500,000.00 0%

Dec-04 TOTAL 14 $1,573,100.00 $2,243,600.00 70% 208 3

Jan-05 RES 35 $3,478,500.00 $4,121,730.00 84%COMM 0 $0.00 $0.00 0%LAND 0 $0.00 $0.00 0%

Jan-05 TOTAL 35 $3,478,500.00 $4,121,730.00 84% 161 3

Feb-05 RES 14 $1,297,300.00 $1,566,860.00 83%COMM 0 $0.00 $0.00 0%LAND 0 $0.00 $0.00 0%

Feb-05 TOTAL 14 $1,297,300.00 $1,566,860.00 83% 144 9

F-Y-D 264 $37,940,400.00 $46,180,419.00 82% 1484 54

CITY CLERK/ALDERMAN REPORTFINES - FEBRUARY 2005

COURT OFCITY J.P. COMMON

MONTH ALDERMAN COURT #7 PLEASFebruary 2005 $16,185.00 $19,819.47 $14,650.56January 2005 17,840.00 20,181.57 10,585.96December 2004 21,710.00 20,921.41 8,388.97November 2004 17,339.00 22,537.76 10,384.64October 2004 23,949.10 22,866.23 11,836.94September 2004 24,680.00 24,093.75 10,857.13August 2004 23,555.00 29,733.49 8,362.40July 2004 20,010.00 24,907.85 10,256.28June 2004 16,290.00 24,313.04 9,826.39May 2004 12,445.00 21,660.50 7,467.54April 2004 11,785.00 19,668.20 8,646.52March 2004 21,255.00 20,776.65 11,530.59February 2004 10,345.00 17,772.04 12,093.93

Accumulated Fines to Date $34,025.00 $40,001.04 $25,236.52Same Period - 2004 22,235.00 35,147.50 22,689.98Difference $11,790.00 $4,853.54 $2,546.54

Deferred Payments June 2004 n/a $ 571,666.57 n/a June 2003 n/a $594,839.31 n/a

*An additional $70.00 was received from Family Court to be included in January Fines after the January Reports was submitted.

JCG/rfm SUBMITTED BY: CITY CLERK/ALDERMAN

0.00 5,000.00 10,000.00 15,000.00 20,000.00 25,000.00 30,000.00 35,000.00 40,000.00 45,000.00

Alderman '05Alderman '04JP Court '05JP Court '04CCP '05CCP ' 04

CITY MANAGER’S REPORT

February 2005

“ROAD TO RESULTS”

MONTHLY HIGHLIGHTS

Administrative Services

Work continued on the draft budget, CIP, revenue manual and the mid-year review.
Draft budget meetings were held. Attended a Del-Tech class regarding utility rate setting.
Electric

Chapel Mapping/GIS program notifications have been sent to all customers via City utility bills. Marie Dee and Bill Myers received “Caught doing it Right “awards for their cost saving efforts.
System Black Start test completed with success.
Human Resources This month’s supervisory training focused on the City’s Purchasing Policy. Pete Gregg of Central Services

conducted the training. Assisted with interviews for the following positions: Motor Equipment Operator I for Grounds and Streets;

Groundworker for Electric; Utility Maintenance Mechanic I for Public Works, GIS Coordinator for I/T and Librarian II for the Library.

The part-time Clerk resigned, and the available position has been posted on the City’s Web site. Met with Paul Gallagher of I/T to discuss the creation and implementation of an electronic non-bargaining

employee evaluation. As a part of the safety initiative, one accident and one incident review were conducted.

Information Technology

Council approved the selection of LBL Technology Partners as the vendor for the I/T Emergency Preparedness Plan Development.

Bids were received and are being analyzed for the combined I/T Help Desk Software Suite and Network Monitoring RFP.

Phone interviews were conducted for the new GIS Coordinator position. The list of candidates was narrowed down; in-house interviews are scheduled for March.

Wireless network equipment has been installed and tested in most City buildings. Final wiring and testing is scheduled to be completed in March.

Successfully blocked 423 virus attacks upon our e-mail system. Upgraded our e-mail server operating system to Microsoft Windows 2003. Continued to work with users to reduce the number of large electronic mailboxes. There are currently 12 that

contain more than 100 megs each. Parks, Recreation & Library

908 patrons attended 28 children’s programs. 522 citizens attended two “In Harmony” concerts held in the Schwartz Center. A new Hip Hop Dance class has filled two sessions, and work has begun on scheduling a third session. Learn-N-Plan Sports, another popular new activity, which is geared towards 3-5 year-olds has sold out on all

three of the sessions offered. Public Works

Received 34 brown water complaints. Director of Public Works participated in the Surface Water Task Force meetings. Director of Public Works attended the following Homeland Security training classes:

o MGT-315 Enhanced Threat & Risk Assessment o AWR-140 WMD Radiological/Nuclear Awareness Course o AWR-141 WMD Radiological/Nuclear Awareness Train-the Trainer Course o PER-240 WMD Radiological/Nuclear Responder Operations Course.

1

ADMINISTRATIVE SERVICES

Work Orders Processed1,

354

1,53

0

1,41

1

1,25

5 1,89

1

1,70

0

1,99

1

1,64

9

1,45

1

1,56

3

1,34

6

1,49

1

1,31

6

0500

1000150020002500

Feb04

M ar04

Apr04

M ay04

Ju04

Jul04

Aug04

Sep04

Oct04

Nov04

Dec04

Jan05

Feb05

Exte

424 460

442

311

0

200

400

600

Feb04

Mar04

Apr04

May04

CUSTOMER PAYMENT USAGEFiscal Year 2005

Drive-Thru Window,

23,237 , 12%Credit Cards, 12,839 , 7%

Bank Drafts, 11,709 , 6%

Over the Counter,

42,981 , 22%Mail, Drop Box, 102,833 , 53%

CUSTOMEFis

Credit Cards, 9,580 , 5%

Ban9,9

Mail, Drop Box, 89,815 ,

48%

Feb 2005 Feb 2004 Difference

Final Bills 507 493 14Estimated Bills 410 640 (230)Cuts for Non-Payment 454 319 135Extensions of Credit - Amount Extended $51,134.24 $49,261.47 $1,872.77Balance Transfers $7,030.74 $1,456.23 $5,574.51Utility Collections $26,765.52 $13,530.78 $13,234.74Special Assessments $244.89 $549.89 ($305.00)Miscellaneous Billings $10,118.51 $78,841.35 ($68,722.84)Returns - Checks $8,376.10 $7,652.84 $723.26Return Check Charges $725.00 $950.00 ($225.00)Penalties Posted $9,472.17 $3,606.90 $5,865.27Cuts for Non-Payment - Amount $81,424.96 $67,137.42 $14,287.54Reconnects - Service Charges $10,200.00 $7,850.00 $2,350.00Court Cases $0.00 $0.00 $0.00Tamperings 2 0 2

REPORT OF OPERATIONS

SOP / CIP Updates

Goal #1 - Install a Remittance Processing System - The bid was awarded to Creditron.

Goal #2 - Allow new customers to sign up for utility service on the City’s Web site - We aJune 30, 2005.

Goal #3 – Design a voluntary check-off program for Council review that will allow citizens torganizations – This project is currently in progress.

Goal #4 – Incorporate performance measurements into the budget in a meaningful performance budgeting. The 2004-2005 budget documents were completed using the PGFOA has rated the budget as “proficient” in this area.

2

nsions of Credit

405 46

7 552

477

481

395 46

3 498

285

Jun04

Jul04

Aug04

Sep04

Oct04

Nov04

Dec04

Jan05

Feb05

R PAYMENT USAGEcal Year 2004

Drive-Thru Window,

39,390 , 21%

k Drafts, 15 , 5%

Over the Counter,

39,991 , 21%

FY 05 FY 04Year-to-Date Year-to-Date

4,607 4,2541,761 4,3383,906 3,621

$608,220.42 $577,487.43$31,313.98 $26,248.12

$314,168.63 $207,132.61$2,804.68 $4,395.73

$366,115.04 $384,377.30$109,244.75 $139,669.46

$9,832.37 $9,990.00$80,037.37 $75,651.51

$696,944.98 $665,189.10$93,950.00 $88,100.00

$0.00 $0.007 12

nticipate this becoming possible by

o direct one dollar toward charitable

way, and move the City towards erformance Budgeting format. The

CENTRAL SERVICES

Fleet Operations & Maintenance Costs - SOP Goal #1

$0

$10,000

$20,000

$30,000

$40,000

$50,000

$60,000

$70,000

Feb04

M ar04

Apr04

M ay04

Jun04

Jul04

Aug04

Sep04

Oct04

Nov04

Dec04

Jan05

Feb05

50

100

150

200

Total Dollars Total Work Orders

Items on Hand With No Usage Over 36 MonthsSOP Goal #2

$100,000

$200,000

$300,000

$400,000

$500,000

$600,000

$700,000

$800,000

Feb04

M ar04

Apr04

M ay04

Jun04

Jul04

Aug04

Sep04

Oct04

Nov04

Dec04

Jan05

Feb05

Electric Water General

Work Orders 113 Electric $589,756.07

Fleet Maintenance $8,419.29 (Excludes Melvin’s Sunoco) Water $ 29,351.26 Fuel $24,334.60 General $ 40,320.72

Stock Purchase by Fund

$0.00

$50,000.00

$100,000.00

$150,000.00

$200,000.00

$250,000.00

$300,000.00

Feb04

M ar04

Apr04

M ay04

Jun04

Jul04

Aug04

Sep04

Oct04

Nov04

Dec04

Jan05

Feb05

Tota

l Dol

lars

Electric Water General

Warehouse Stock

$2,000,000.00

$2,100,000.00

$2,200,000.00

$2,300,000.00

$2,400,000.00

$2,500,000.00

Feb04

M ar04

Apr04

M ay04

Jun04

Jul04

Aug04

Sep04

Oct04

Nov04

Dec04

Jan05

Feb05

2,550

2,600

2,650

2,700

2,750

2,800

2,850

Total Dollar Value Total Line Items

Electric $42,131.60 Water $5,665.31 General $8,031.45 Total Dollar Value $2,403,423.57 Total Line Items 2,658

SOP / CIP Updates

Goals #1 & #2 – See first two graphs above.

Goal #4 - Below are CIP projects; percentages of completion are in parentheses.

Replace Mail Inserter/Feeder – The missing components were received and installed by Pitney Bowes on August

17, 2004. (100%) Renovation of Pear Street Warehouse – Ongoing – three-year project. (45%) Replace Storage Racks in Warehouse – Storage racks were received and installed. (100%) Replace Postage Machine – Item is scheduled for bid this fiscal year. (0%) Golf Cart/Warehouse Tug – Item is not scheduled for bid until FY 08. (0%) Handicap Accessibility to City Council Chambers – Study in progress. (35%) City Hall Reheat/Air Conditioner Unit Replacement. (100%) City Hall, Council Chambers, and Foyer Carpet – Carpet bid was awarded to Knight’s Carpet. Installation

completed on January 13, 2005. (100%) Space Needs Study – Awaiting funding prior to bid. Moved to City Manager’s budget. (0%) Pole Barn for William Street Yard – Relocation of materials from the yard to the Pear Street Warehouse has been

completed. (100%) Council approved purchase of materials for construction of pole barn on November 22, 2004. Materials received from Delmarva Pole Building Supply, Inc. on December 15, 2004. Construction continues as weather permits. (35%)

Used Oil Storage Addition - Foundation in place. (100%)

3

ELECTRIC

20,

40,

60,

80,

100,

MW

H

System Peak

104

102

107 14

9

154

150

158

142

107 119

112

114

107

0

50

100

150

200

Feb04

Mar04

Apr04

May04

Jun04

Jul04

Aug04

Sep04

Oct04

Nov04

Dec04

Jan05

Feb05

MW

Outages

02468

101214161820

Feb04

Mar04

Apr04

May04

Jun04

Jul04

Aug04

Sept04

Oct04

Nov04

Dec04

Jan05

Feb05

0100020003000400050006000700080009000

Outages Customers

31

0

10

20

30

40

50

60

Feb04

M

Outages 5 Customers 157

ELECTRIC OUTAGE REPORT

OUTAGE #

DATE

TIME OUT

TIME IN

CIRCUI

T

LOCATION DE

05-08 05-09 05-10 05-11 05-12

02-01 02-03 02-13 02-16 02-19

14:32 09:15 17:05 10:10 07:08

15:20 11:22 10:02 11:00 08:52

12403 1263 1293 12502 12403

Old Mill Acres 515 River Road 30 Steele Road 1492 North Little Creek Road 107 Howe Drive

RecCabCabFusCab

CAUSE

A – Equipment Failure F – Overload K – B – Lighting G – Overload (Trans) L – S C – Tree Condition H– Weather Factor M – D – Auto Accident I – Primary Tap N – E – Animal J – Dig In P –

4

Total System Load

58,5

83.0

0

59,0

63.0

0

55,5

84.0

0

68,2

51.0

0

69,5

47.0

0

77,9

99.0

0

76,8

80.0

0

69,2

75.0

0

59,1

55.0

0

56,3

92.0

0

61,5

35.0

0

64,2

79.0

0

57,3

49.7

4

000

000

000

000

000

Feb04

M ar04

Apr04

M ay04

Jun04

Jul04

Aug04

Sep04

Oct04

Nov04

Dec04

Jan05

Feb05

No. of Customers Gained/Lost

24

19

26

57

33 31

18 19

45

19

23 21

ar04

Apr04

May04

Jun04

Jul04

Aug04

Sep04

Oct04

Nov04

Dec04

Jan05

Feb05

– SOP Goal #1

VICE

# OF CUST.

CAUSE

ACTION

URD OVH

loser le le e le

124 1 1

30 1

A M M Q M

By-passed Reclosure Repaired Cable Auto TX Replaced Fuse Repaired Cable

OVH URD URD URD URD

Substation Equip. Q – Unknown witching Error X – Transformer

Bad URD Contractor/Line Crew Homeowner

Transmission and Distribution

Completed Projects

Active Projects / % Completed

Projects in Design / % Completed

Enterprise Business Park Lot #4

Wild Meadows – Phase II – 90% Four Seasons - 80% Slaughter Street – Duncan – 90% Grandview Mobile Home Park – 75% Fiber Line - North Street - West to VanSant –

10% Delaware State University - 70% Cannon Mill – 0% Luther Village – 0% Kent County Administration Building – 99% Hidden Creek (formerly Creekside) – 40% Crawford Carroll Avenue – 0% 69KV Line Relocated to Garrison Tract

(Changed to Whiteoak Road) – 10% St. Andrews Church – 50% Division Street to Playtex – Fiber Line – 10% 69KV Line to VanSant – 10% Overlook at Silver Lake – 80% Wolf Creek – 0% Elks Lodge – 0% Emerald Pointe - 0% Delaware State News – 0%

69KV to Mayfair Substation – 50% Mayfair Bus Work – 80% Dover Air Force Base Line

Relocation – 50% 4KV to 12KV Conversion – 50% Sherwood Lighting – 100% Mayfair Lighting - 100% Crossgates Lighting – 100% Persimmon Park Place Lighting – 100% Bradford Street Meter Relocation – 0% Kent Acres Rehab. – 0% Edgewater Farm Lane - 100% Kent Community Center – 100% Governors Avenue Rehab. – State

Contract – 100% Kohl’s Department Store – 50% Riverwalk Hotel – 0% Creekstone Center – 0% Robbins Hose #1 – 75% Administration UPS – 10% WAWA Route 8 – 90% Rodney Village Lighting – 75% Fairfield Farm Addition – 90% Water Street Compactor – 50% 100 Enterprise Business Park – 100% Loockerman Street Circle – State

Contract – 10% Malmberg II – 10% George & Lynch - 5% Lexington Farms – 100% Stoneridge – 100% Lakeside Hotel – 5% Cartanza Chicken – 0% Chick-Fil-A – 0% Fiber Map – 0%

Underground Work

% Completed

Overhead Work

% Completed

Install new three phase electric on State

College Road Extend primary electric - Wild Meadows Upgrade electric system – Grand View

Mobile Home Park Install three phase electric – Kent County

Complex Hidden Creek Stoney Creek Village of Westover Wild Meadows Four Season

95%

92% 95%

100%

Ongoing Ongoing Ongoing Ongoing Ongoing

Pole replacements for poles tagged

through the Pole Testing Program Relocate Fiber Optic Cable from North

Little Creek Road to Water Treatment Plant

Overhead maintenance Maintenance for City lighting

80%

80%

Ongoing Ongoing

5

FY 04 Meter Stats

Feb 04

Mar 04

Apr 04

May 04

Jun 04

Jul 04

Aug 04

Sep 04

Oct 04

Nov 04

Dec 04

Jan 05

Feb 05

Meter Installations w/electronic registers 136 150 362 233 248 289 250 251 200 181 176 290 179 RX/A1R CT (Current Transformer)

3 0 0 0 10 3 0 0 1 3 2 0 0

Radio read 136 150 362 232 241 228 250 251 195 179 138 287 176 Meters Tested

Single phase 350 367 662 421 480 477 525 371 355 358 248 580 426 Three phase 25 0 8 48 7 23 25 3 17 33 10 46 0 Customer requests 0 0 0 0 0 0 0 0 0 0 0 0 0

Meters Junked 222 197 310 204 227 243 201 170 167 134 116 308 184 Meters Removed 3 104 29 14 16 11 13 22 20 12 15 3 22 Meter Changes 113 120 330 200 200 221 199 226 160 146 138 261 136 New Services 14 29 19 19 31 54 34 28 30 31 24 17 30 Services Retired 3 0 0 0 6 0 5 0 2 4 4 0 0 System Operations Center

Switching schedules 6 2 5 10 17 4 2 8 8 8 4 3 8 Work orders 1531 585 580 606 422 855 1041 870 508 648 792 726 621 Miss Utility tickets called Back

1110 1038 1632 1122 1572 1617 2032 1134 1458 1132 1344 1449 1530

Tickets located 319 319 573 510 550 515 553 563 475 558 341 484 457 Substation Relay

Substation Status

Mayfair Steel structure has been completed. Division Street Breaker and control house on order; concrete foundation is under construction. Horsepond Road Installed 2 new MOD switches.

SOP / CIP Updates

Goal #1 – Identify and correct causes of electrical outages has been completed. Goal #2 – 20-year plan for maintenance, operation and expansion of electric system presented to Council during the first half of

FY 03/04 – Draft submitted to City Manager. Goal #3 – A system has been put in place to record the causes of on-the-job injuries. Goal #4 – Complete CIP projects on time and within budget are ongoing. Goal #5 – Training procedures to have all System Operators fully trained to handle all phases of the System Operations Center

have been designed and implemented.

CIP Project

Projected Expense For FY 2004/2005

Actual Expense To Date

% Spent

% Work

Completed 230 KV Tie with Conectiv $9,300,000 $7,786,633 84% 99% Division Street Substation Rebuild $ 537,500 $ 73,958 14% 35% Mayfair 69/12 KV Transformer and Breaker $ 207,500 $ 30,985 15% 30%

SCADA Remote Control Units $ 24,000 $ 0 0% 0% Whiteoak 69 KV Rebuild $ 273,000 $ 61,409 22% 2% 4 KV To 12 KV Upgrade $ 214,000 $ 27,535 13% 13% Distribution Upgrades $ 200,000 $ 112,472 56% 60% 69 KV Line – VanSant to Mayfair $ 300,000 $ 28,117 9% 0% Relay Test Set $ 60,000 $ 63,540 106% 100% Pole Inventory System $ 160,000 $ 0 0% 0% Outage Reporting System $ 35,000 $ 0 0% 0%

Project carried over from FY 03/04; projected expense reflects FY 04/05 projection.

6

Category

Feb 04

Mar 04

Apr 04

M

Caucasian 321 321 326 Minorities 60 59 58 Hired 1 0 7 Terminated / Resigned / Retired

2 1 3

Promoted 1 3 1 Jobs Posted 5 5 3 Workers’ Comp. Injuries 4 2 4 Workers’ Comp. Hours 650 452 134

Workers’ Comp. hours may not be the result of Jobs Posted – Human Resources Clerk, Water Position Hired – Police Clerk II

Electric – 0 Public Works - 0 Police – 0 O

Goal #1 – Institutionalize the City-wide Safety The kickoff was at Munch Lunch. The safetpurchased for appropriate City vehicles. Empbegan in December. All buildings are developing

Goal #2 – Form a committee consisting of reinvestigate medical benefit alternatives to reduthe City. Our goal is to accomplish this by thediscuss the creation and direction of the full co

Goal #3 – Develop a City of Dover recruitmenof May 2005. The Human Resources Departattending the African American Festival in June

Goal #4 – Develop a City of Dover Retiree Haby the end of March 2005. A final draft has be

Goal #5 – Conduct a salary survey to update Human Resources Department continued to pa recommendation has been submitted for the

Goal #6 – Implement the Bonus Program as 2004. Information was posted on bulletin boapresented in January, This program is in full o

Goal #7 – Conduct employee satisfaction surand gathering information from previous surve

Workers' Comp Injuries Electric SOP Goal #3 and Public Works SOP G

0

5

10

15

Feb04

Mar04

Apr04

May04

Jun04

Jul04

Aug04

Sep04

Oct04

No0

Electric Public Works Police

Customer Service Contacts

0100200300400500600700

Applications Processed 223 59 171 40 438 73 37 115 11

Employees Assisted 154 180 174 251 73 111 62 53 47

Citizens Assisted 91 141 163 192 114 127 89 76 58

Feb 04

Mar 04

Apr 04

May 04

Jun 04

Jul 04

Aug 04

Sep 04

Oc04

HUMAN RESOURCES

ay 04

Jun 04

Jul 04

Aug 04

Sep 04

Oct 04

Nov 04

Dec 04

Jan 05

Feb 05

Total

325 326 329 326 328 327 326 326 323 323 N/A 58 59 60 60 63 64 64 64 64 64 N/A

1 3 4 2 7 1 1 0 1 1 29 2 2 0 3 4 2 2 1 4 1 27

1 3 2 0 1 4 0 0 0 0 16 8 3 3 5 2 1 5 1 5 5 51 5 5 6 6 10 1 2 3 7 0 55

211 147 124 519 76 15 0 1 0 238 2567 injuries that occurred during the current month. Serviceman, Electric Systems Operator, Librarian II, Materials Expediter

thers - 0 Electric – 0 Public Works – 238 Police - 0 Others – 0

SOP / CIP Updates Program by the end of May 2005. The Safety Committee continues to meet monthly. y slogan will be Team Up For Safety. First aid kits and fire extinguishers where loyees have begun training to become CPR and first aid trainers. Site inspections an Emergency Evacuation Plan with the assistance of Dave Truax, City Fire Marshal. presentatives from Finance, Administrative Services, and local union leadership to ce and/or better control the overall cost of medical benefits for both employees and end of March 2005. Finance and Human Resources met three times in October to

mmittee. No meetings have been held since October. t program at a minimum of two venues that would be visited by minorities by the end ment attended the Career Fair at Delaware State University in October and plan on 2005.

ndbook which outlines retiree benefits. The final draft should be ready for distribution en approved by the Human Resources Director. the pay-for-performance job evaluation system by the end of December 2004. The articipate in salary surveys. The results from these surveys have been analyzed, and budget process. outlined in the Bonus Policy and have all bonus programs operational by December rds in each building during December. The first “Caught Doing It Right” award was

peration. vey by June 30, 2005 – Human Resources is currently preparing sample questions ys that the City had distributed.

Workers' Comp. HoursElectric SOP Goal #3 and Public Works SOP Goal #8

0100200300400500600700

Feb04

M ar04

Apr04

M ay04

Jun04

Jul04

Aug04

Sep04

Oct04

Nov04

Dec04

Jan05

Feb05

Electric Public Works Police Others

oal #8

v4

Dec04

Jan05

Feb05

Others

Payroll Hours

0100020003000400050006000

Overtime 1972 2249 1591 1133 1302 1462 706 1532 1408 1525 1587 1665 2048

Sick 2420 2307 1789 1956 2702 3240 1415 2602 2457 2005 2258 2104 3800

Feb 04

Mar 04

Apr 04

May 04

Jun 04

Jul 04

Aug 04

Sep 04

Oct 04

Nov 04

Dec 04

Jan 05

Feb 0510 51 98 8

84 56 62 78

72 68 83 75

t Nov 04

Dec 04

Jan 05

Feb 05

7

INFORMATION TECHNOLOGY

Service Requests Resolved

652 736

715

650

714

652

572

621

678

570

596

643

610

0

200

400

600

800

Feb04

Mar04

Apr04

May04

Jun04

Jul04

Aug04

Sep04

Oct04

Nov04

Dec04

Jan05

Feb05

www.DoverDE.net

020406080

100120

Feb04

Mar04

Apr04

May04

Jun04

Jul04

Aug04

Sep04

Oct04

Nov04

Dec04

Jan05

Feb05

$700

$750

$800

$850

$900

$950

Active Customer Net Income + Cost Avoidance

Active Customers – 90 Net Income + Cost Avoidance - $756

www.CityofDover.com

247,

120

271,

377

289,

243

332,

706

340,

436

375,

965

380,

425

342,

793

356,

035

382,

056

395,

767

210,

279

249,

322

0

50,000

100,000

150,000

200,000

250,000

300,000

350,000

400,000

Feb04

Mar04

Apr04

May04

Jun04

Jul04

Aug04

Sep04

Oct04

Nov04

Dec04

Jan05

Feb05

Page

s Vi

ewed

Supported PCs

170

180

190

200

210

220

230

Feb04

Mar04

Apr04

May04

Jun04

Jul04

Aug04

Sep04

Oct04

Nov04

Dec04

Jan05

Feb05

PCs Supported Windows 2000 or XP

PC s Supported – 216 Windows 2000 or XP - 208

Performance Indicators Current Month Last Month Same Month Last Year iSeries Availability 100% 100% 100% Server Availability Programming Requests Completed

99.99% 1

99.96% 0

99.98% 1

AS/400 Connections (concurrent/authorized users) 36% 37% 39% PCs Supported 216 214 203 Servers Supported 6 6 6

(Availability statistics based on 7:00 a.m. to 5:00 p.m. M-F)

8

Library

0

500

1000

1500

2000

2500

3000

Feb04

M ar04

Apr04

M ay04

Reference Reader's A

Circulation Dover residents Kent residents Non-county residents

RegistrationsDover residents Kent residents Non-county residents

Other Visiting patrons Meeting room usage Photocopier usage Holds placed Dial-a-Story Internet usage

Other Po

Interlibrar Volunteer

Goal #1 –- Devselection comm

Goal #2 – Constaff training.

Goal #3 – DevAdded signage

Goal #4 – Imprthree staff term

PARKS, RECREATION & LIBRARY

Adult Services

Jun04

Jul 04 Aug04

Sep05

Oct04

Nov04

Dec04

Jan05

Feb05

dvisory Outreach Electronic Assistance

Children Services

0

400

800

1200

1600

2000

Feb04

M ar04

Apr04

M ay04

Jun04

Jul04

Aug04

Sep05

Oct04

Nov04

Dec04

Jan05

Feb05

Reference Reader's Advisory Outreach Electronic Assistance

Reference - 945 Reader's Advisory - 515 Outreach - 292 Electronic Assistance - 1,092

February 05 FYTD 05 15,627 120,17,056 125,

1,145 8,

185 1,202 1,

7

18,290 141,100

2,466 14,1,094 8,1,875 14,5,169 33,

ints of Interest y: 1,558 items loaned out Technical serv 1,018 items borrowed

s completed 128 hours of service.

SOP / CIP Updaelop a funding plan for new library and identify ittee. tinue staff training by providing two training se

elop a plan for ADA compliance, which can for handicap accessible ramp. ove library Web page to assist patrons with quinals.

9

Reference – 202 Reader's Advisory - 152 Outreach – 90 Electronic Assistance - 82

February 04 FYTD 04 777 13,512 107,011951 15,034 112,318450 945 5,916

270 145 1,165398 194 1,25289 7 77

506 16,660 132,399600 180 1,106110 2,377 14,709495 978 7,069503 2,205 14,606636 3,519 25,506

ices: Added 2,123 items Deleted 391 items

tes site for its construction. Reviewed information for site

ssions for staff. Finalized training content for March

be included with the City ADA Implementation Plan.

estions. Ordered and loaded Contribute 3 software to

Parks and Recreation

Recreation Revenue Breakdown

$0.00

$5,000.00

$10,000.00

$15,000.00

$20,000.00

$25,000.00

Feb04

Mar04

Apr04

May04

Jun04

Jul04

Aug04

Sep05

Oct04

Nov04

Dec04

Jan05

Feb05

General Rental Payments Sports Leagues PAL & Special Events Trips

Recreation Revenue$9

,531

$20,

113

$13,

507

$3,7

55

$12,

985

$8,2

41

$3,3

36

$1,3

87

$4,0

29

$4,3

31

$22,

279

$4,4

74

$1,7

40

$0

$5,000

$10,000

$15,000

$20,000

$25,000

Feb04

Mar04

Apr04

May04

Jun04

Jul04

Aug04

Sep05

Oct04

Nov04

Dec04

Jan05

Feb05

Rentals February 05 FYBaseball/Softball Field* 0 1Dover Park Pavilions (2) 0 Field Hockey Field* 0 Recreation Center 24 1Silver Lake Pavilions (2) 1 Soccer Field* 0 Stage 0

*These numbers reflect groups that rent the field fProgram Attendance**

Arts & Crafts 2 Cub Scouts (Sportsman) 16 1Girl Scouts (Sports Sampler) 8 Hip Hop Dance 14 Learn-N-Play Sports (Baseball) 10

**These numbers reflect program

Delaware Prevention Network Creating Lasting Family Connections continued

to establish collaborations with local agencies and schools.

Recruitment planning for the next session

continued.

Midnig Month Staff p

Wilmin Partne

History Planni

U.S. A

SOP / CIP Up Goal #1 – Complete CIP projects on time and within budg

Dover/New Street Park has been completed. Goal #2 - Begin implementation stages of indoor plan. Pres

presentations are scheduled for March. Goal #3 – Publish Annual Report for Parks and Recreation. C Goal #4 – Develop plan for ADA compliance. Handicap doo Goal #5 – Work with the Greater Dover Arts Council membe

for an Arts Council Web site. With the assistance of the GDAC section of the City’s Web site.

10

General - $809; Rental Payments - $518.74; Sports - $881; Leagues - $835; PAL & Special Events - $22; Trips - $1,265

TD 05 February 04 FYTD 04 42 0 122 4 0 15 38 0 36 74 19 178

16 1 15 25 0 22 26 0 20 or practice, season play, and our programs.

26 4 48 08 26 114

45 30 88 51 29

Not offered in FY04

s that ended in February.

Weed and Seed ht basketball continued to be a success in February. ly Steering Committee was held.. articipated in Crime Prevention Safety Conference in gton. red with DPN in hosting 95 patrons for Annual Black program.

ng continued for an anti-violence summer camp with the ttorney’s Office.

dates et. Installation of the new playground equipment at the

ented indoor plan to Capital City Rotary Club; additional

ontent collection continued for the FY05 Annual Report. rs were installed at Dover Park. rs and the I/T Department to begin implementation steps I/T Department, posted and updated information to the

PUBLIC WORKS

Administration and Engineering

Administrative review and inspection services continued on all residential and commercial developments. The following residential subdivisions are in various phases of construction: Baytree (Phase III) Oak Shadows Village of Westover (Phases III, IV & V) Four Seasons Fox Hall West Addition (Phases II & III) Stoney Creek (Phase II) Fox Hall West (Phase IV) Wild Meadows Maple Glen Village of Cannon Mill Acorn Farms (Phases II & III) Hidden Creek

Construction

Inspection continued on 19 subdivisions under construction and 39 individual sites.

Utility crew:

(1) West Dover Water Loop – Hydrostatic testing and adjusting lines were done. (2) Sackarackin Avenue Water and Sewer Main Replacements – Started laying 8” water main. (3) Atlantic Farm Credit – Tied in existing sewer to pump station. (4) Repaired damaged fire hydrant on Route 8.

FY-05 Street Program – Concrete work continued on Phase II of the Kent County service road and North Kirkwood Street.

Hidden Creek – Catch basins installed in the wrong locations. A stop work order was issued. Waiting for

recommendation from the design engineer for evaluation.

Village of Westover Phase III – Work on punch list for dedication continued.

Danner Farm – New water service to Inspection Lane installed and three fire hydrants were relocated.

Emerald Pointe – Installation of storm drainage in Phase I continued with approximately 2,500 LF installed. Contractor installed 1,500 LF of water main and approximately 300 LF of sanitary sewer force main.

11

Sanitation

Monthly Total Refuse Collection (Tons)

460.

50

814.

16

938.

99

731.

45

728.

16

691.

55

667.

20

734.

40

696.

10

501.

31

387.

98

416.

57

540.

28870.

66 1072

.28

1158

.79

1107

.63

1249

.93

1166

.82

1173

.02

1101

.88

1004

.30

1112

.92

992.

86

946.

59

864.

26

0

500

1000

1500

Feb04

M ar04

April04

M ay04

Jun04

Jul04

Aug04

Sept04

Oct04

Nov04

Dec04

Jan05

Feb05

Bulk Automated

Sanitation Hours

544

57 23

371 50

2

84

0

679

450 74

4

0

250

500

750

1000

1250

Feb 05

Feb 04

February 05 FYTD 05 February 04 FYTD 04 Tons Dry Waste Collected 348.98 2,168.78 154.08 1,637.92Tipping Fee Savings Realized $6,456.13 $40,301.15 $2,850.48 $29,561.92Trips to DSWA Sandtown Landfill 277 2,533 276 2,480Total Tonnage to DSWA 1,404.54 13,013.57 1,331.16 12,988.2090-Gallon Containers Delivered 37 252 58 348300-Gallon Containers Delivered 7 68 18 43

Streets

February 05 FYTD 05 February 04 FYTD 04 Signs Installed 37 266 0 32Signs Repaired 7 81 19 95Street Signs Replaced 0 6 23 131New Posts Installed 14 75 16 71Storm Catch Basins Cleaned 165 461 154 352Storm Catch Basin Cleaning (Hours) 192 366 338 482Hot Mix Patching (Tons) 0 108.5 0 108Cold Mix Patching (Hours) 88 187 114 207.6Concrete Work (Hours) 0 1,523.50 0 472.5Street and Alley Maintenance (Hours) 156 2,387 160 1,055Street Sweeping (Miles) 910 6,300 723 5,492Street Sweeping (Cubic Yards) 153 1,033 156 1,043

12

Grounds

Arborist Crew

February 05 February 04 Trees Pruned 8 628

Trees Removed 1 34

Stumps Removed 12* 0

Trees Planted 4 0

Assisted with snow removal on City sidewalks from two snowfalls in February.

*One stump from a very large maple tree on Slaughter Street.

Beautification Crew Started sowing seeds in starter flats. Potted flats of plugs for hanging baskets and containers. Assisted with removal and installation of new heater and circulation fans in the greenhouse. Assisted with snow and ice removal from City sidewalks.

Landscape Repair/Special Projects Crew Removed hedges along both sides of entrance sidewalk to Weyandt Hall to make room for new ramp and handicap door controller. Planted 39 trees, most of which where planted at Schutte Park. Assisted with snow and ice removal from City sidewalks. Assisted with cleanup work after stump removal along City streets and in the parks.

Grounds Maintenance/Mowing Crews Assisted with snow and ice removal from City sidewalks. Cut down the dead tops of wild flowers and mulched center islands on Court Street. Began edging areas to be mulched around City buildings and parks. Assisted with tree stump removal and replaced stumps with street trees.

13

Water

Total Water Production

0

50,000,000

100,000,000

150,000,000

200,000,000

Feb04

Mar04

April04

May04

Jun04

Jul04

Aug04

Sep04

Oct04

Nov04

Dec04

Jan05

Feb05

Gal

lons

Billed Consumption

020,000,00040,000,00060,000,00080,000,000

100,000,000120,000,000140,000,000160,000,000

Feb04

Mar04

April04

May04

Jun04

Jul04

Aug04

Sep05

Oct04

Nov04

Dec04

Jan05

Feb05

Gal

lons

February 05 February 04 Water Production – Daily Average 4,568,554 4,751,976Fire Hydrants – Flushed 0 0Fire Hydrants – Tested 1 0Final Readings 84 163Cutoffs 22 17Turn-ons 14 10New Inspections 29 0Curb Boxes Located 66 55Curb Boxes Adjusted 1 12Water Service Lines Repaired 1 3Water Meters Repaired 8 11Radio Technology Installations 8 59New Meters Added 11 23Total Water Meters in City Distribution System 12,430 12,012

Wastewater

Total Flow To Kent County

100,000,000

125,000,000

150,000,000

175,000,000

200,000,000

225,000,000

b r r il y n g p v c n b

Gal

lons

Fe04

Ma04

Ap04

Ma04

Ju04

Jul04

Au04

Se04

Oct04

No04

De04

Ja05

Fe05

Average Flow to Kent County

0

1,000,000

2,000,000

3,000,000

4,000,000

5,000,000

6,000,000

7,000,000

Feb04

Mar04

April04

May04

Jun04

Jul04

Aug04

Sep04

Oct04

Nov04

Dec04

Jan05

Feb05

Gal

lons

June ’04 reading could not be determined due to faulty meter.

February 05 February 04 L.F. Sewer Lines Flushed 26,419 62,212Sewer Lines Inspected 27,919 64,312Feet Sewer Mains Videotaped 360 360Manholes Inspected 145 272Manholes Cleaned 135 238

14

SOP / CIP Updates

SOP Goal #3 – CIP projects and completion percentages are listed below.

CIP Project

Projected Expense For

FY 2004/2005

Actual

Expense To Date

% Spent

% Work Completed

Streets & Grounds Division 2003 Street Program $1,261,006 $1,338,924 106% 100%Generic Subdivision Signs $70,000 $19,805 28% 28%FY-2005 Concrete Program $40,000 $23,060 58% 36%Silver Lake Dam Improvements $10,000 $0 0% 0%FY-2005 Street Program $1,461,000 $208,690 14% 20%Richardson Park Fence Replacement $15,000 $0 0% 0%Dover Little League Parking Lot $187,000 $177,540 95% 99%North Street/State Street Traffic Signal Upgrade $15,000 $0 0% 0%Silver Lake Footbridge Replacement $117,000 $0 0% 0%

Vehicle Replacements #412 – 2004 Flatbed Dump Truck (Construction) $56,000 $0 0% 50%#572 – 2005 Tractor w/ Loader/Backhoe (Grounds) $31,700 $30,672 98% 100%#690 - 2005 Sewer Jetter (Wastewater) $32,000 $20,652 65% 100%#682 – 2005 Backhoe/Loader (Water/Wastewater) $65,000 $75,614 116% 100%Pipe Laser (Construction) $5,700 $4,064 71% 100%

Water Division Miscellaneous Distribution System Improvements $65,000 $75,616 116% 85%West Dover Water Loop $44,060 $34,420 78% 99%U.S. 13 North Water Main Crossing (Wilmington College) $35,000 $0 0% 0%Division Street Water Main Upgrade $598,340 $12,033 2% 3%Southeast Water Loop (Design) $40,000 $0 0% 0%Cast Iron Main Replacement/Relining $50,000 $0 0% 0%

Water Supply Water System Master Plan Update $108,688 $72,276 66% 85%Elevated Storage Tank Painting/Maintenance Contract $70,130 $21,875 31% 50%Meter Reading Technology Upgrade $50,000 $51,663 103% 100%Well Head Redevelopment Program $100,000 $99,891 100% 92%

Sanitary Sewer Puncheon Run Motor Control & Pump Replacement $578,332 $88,862 15% 20%Walker Road Pump Station Upgrade (Construction) 347,371 $320,249 92% 98%Garrison Oak Pumping Station (Design) $170,000 $124,696 73% 99%U.S. 13 East Sanitary Sewer Interceptor $1,171,998 $38,795 3% 5%Inflow/Infiltration Removal $75,000 $0 0% 0%

15

Office of the Mayor

MEMORANDUM TO: Members of City Council FROM: Stephen R. Speed, Mayor DATE: March 21, 2005 RE: Monthly Report – February 2005 It is an honor and pleasure to provide you with the efforts of the Mayor’s office for February 2005. As always, I would be happy to answer any questions or provide any additional information. Here are the highlights for the month of February: Date Event/Meeting/Activity 5 512th Airlift Wing Black History Luncheon – The 512th Airlift Wing Human Relations

Development Council hosted this luncheon in commemoration of Black History Month. Professor Netty Evans from Delaware State University gave the keynote address and the event was attended by numerous uniform members of the 512th Airlift Wing.

436th Airlift Wing Annual Awards Ceremony – The 436th Airlift Wing presented awards

to their top performing members in Rollins Center Ballroom at Dover Downs. Many prominent members of the local community were present to enjoy the program and witness the presentations.

8 Delaware Civic Center Corporation (DCCC) Presentation to the Central Delaware

Chamber of Commerce (CDCC) – The DCCC presented the results of its feasibility study and economic impact study to the CDCC Executive Board at Dover Downs. The Executive Board voted unanimously to recommend the CDCC support the Delaware Civic Center/Delaware State University Stadium proposal.

William Henry Middle School Rededication Ceremony – The Capital School District held

its final rededication ceremony, marking the end of the $62 million renovation project for all of its schools. Councilman Ruane, Dr. Thomas, members of the William Henry High

Mayor’s Monthly Report February 2005

Page 2 of 3

School Alumni Association, members of the Capital School Board, students and faculty attended the ceremony.

9 Skate Park Presentation – Tom, Josh, John, and Adam, students from Central Middle

School, presented information detailing the need for a skateboard park in Dover. Councilman Pitts, Mr. DePrima, and Mr. Carter also attended the presentation.

10 Delaware State Police 75th and Delaware Municipal Police 62nd Academy Graduation

Ceremony – The Delaware State Police hosted the graduation ceremony on the campus of DSU. The ceremony was attended by Gov. Minner, U.S. Attorney Colm Connolly, numerous police officials, a variety of dignitaries, the graduates, their families and friends.

16 Delaware Homeland Security Terrorism Preparedness Funding Sub-Committee Meeting

– The sub-committee met at the Kent County Emergence Operations Center to vote on a recommendation for funding allocation to the Delaware Homeland Security Terrorism Preparedness Working Group. Director Turner of the Delaware Emergency Management Agency and members of the working group attended.

17 Delaware Civic Center Corporation (DCCC) Presentation to Kent County Tourism – The

DCCC presented the results of its feasibility study and economic impact study to Kent County Tourism at Dover Park. The Tourism Board voted unanimously to recommend that Kent County Tourism support the Delaware Civic Center/Delaware State University Stadium proposal.

Investiture of Superior Court Judge Robert B. Young – Judge Young was invested in

Superior Court to replace Justice Ridgely, who was recently invested as a Delaware Supreme Court Justice. Gov. Minner, Justice Ridgely, members of Superior Court, numerous elected officials, and members of the Delaware Bar Association attended.

20 Chocolate Hour – Levy Court Commissioner Donald Blakey was the Master of

Ceremonies for this annual event which recognizes the contributions made to our society and culture by people of African descent. Col. and Mrs. Pray, Rep. Wagner, and other community members attended the event.

22 Delaware Homeland Security and Terrorism Preparedness Working Group Meeting –

Represented the Government Administration discipline on behalf of and as the Alternate Voting Member for the Delaware League of Local Governments.

23 Dover Police Department (DPD) Promotions and Awards Ceremony –Three officers

received promotions and presented Perfect Attendance and Safe Driving Awards, Unit Commendations, Officer and Civilian of the Quarter Awards, and Officer and Civilian of the Year Awards. The ceremony was attended by several members of Council, DPD Officers, two former DPD Chiefs, families and friends.

Mayor’s Monthly Report February 2005

Page 3 of 3

25 436th Airlift Wing Black History Luncheon – The 436th Airlift Wing Human Relations

Development Council hosted this luncheon in commemoration of Black History Month at Dover Air Force Base (DAFB). Lieutenant General John D. Hopper, Jr. offered the keynote address and the event was attended by numerous uniformed members of the 436th Airlift Wing.

Other meetings/events and grand openings/ribbon cuttings attended: City Council Meeting

Central Delaware Economic Development Council Meeting Rotary Meetings Central Delaware Chamber of Commerce Utility Committee Meeting Legislative, Finance, & Administration Committee Meeting Safety Advisory and Transportation Committee Meeting Parks, Recreation, & Community Enhancement Committee Meetings Delaware Civic Center Corporation Meetings Constituent Meetings City/County Liaison Committee Meeting Delaware League of Local Governments Meeting Garrison Oak Technology Park Committee Development Meeting USO Board of Directors Meeting USO Charity Auction Committee Meeting Greater Dover Committee Meeting Joseph Bedford, Sr. Viewing and Funeral Schwartz Center Board of Directors Meeting Main Street Dover Fat Tuesday Celebration Read Aloud Delaware Guest Reading at Wesley Preschool Towne Point/White Oak Neighborhood Watch Meeting Dover Police Department Swearing-in Ceremony Cub Scout Pinewood Derby Delaware Economic Development Office/Proctor & Gamble Meeting Main Street Dover Meeting Towne Point/White Oak Neighborhood Association Meeting Bonus Committee Meeting Police Department Budget Meeting Ambulance Service Review Meeting

Department oF

PERSONNEL: The Fire Marshal’s who is interested in a career in the firfor the day to see a sample of the FireDover High School. David Truax (Fire Marshal) met withdevelop an evacuation procedure in c On February 10, 2005 Bruce Shermaat the University of Delaware, Paradeelements of Comprehensive Planning COMPREHENSIVE PLAN AMENPlanning Staff is preparing a series oAmendment will focus on Chapter 1114: Implementation Plan. As the firsthe March 1st application deadline forStaff is also preparing the schedule o COMPREHENSIVE REZONING As a required implementation step ofCity of Dover Zoning Map for complPlan. This process will identify propoRezoning Project will be submitted toLand Use Services (PLUS) Review. Ppublic outreach (direct mailing to affwith public hearings. TRADITIONAL NEIGHBORHOOStaff continues to participate in technthe Traditional Neighborhood DesignTND rezoning to date. We anticipate DEMOLITIONS There are six properties identified as 35 Teal Court has been sold and the nrepairs have been completed to this premoved from the dangerous buildingfor demolition of the property locatedproperty will then be demolished.

MONTHLY REPORT Department of Planning & Inspections P.O. Box 475 Dover, DE 19903 Phone: (302) 736-7010 Fax (302) 736-4217

f Planning and Inspections EBRUARY 2005

Office participated in Shadow Day at Dover High School. A student e related service field participates in a ride along with a Fire Marshal Marshal’s activities. This is a yearly program conducted through

City Electric, Administrative Services, and City Hall personnel to ase of a fire emergency in City buildings.

n (Planner) attended a seminar “Planning Your Community’s Future,” e Center. The seminar covered topics on statutory requirements, , and basic land use control.

DMENTS f Comprehensive Plan Amendments for consideration. The three Plan : Land Development Plan, Chapter 12: Annexation Plan and Chapter

t step in the process, the Plan Amendments will be submitted to meet the State’s Preliminary Land Use Services (PLUS) Review. Planning

f activities including public outreach and meetings with public hearings.

PROJECT 2005 the Comprehensive Plan Update 2003, Planning Staff is reviewing the iance with the Land Development Plan Map of the Comprehensive sed changes to the zoning of individual parcels. The Comprehensive meet the March 1st application deadline for the State’s Preliminary lanning Staff is also preparing the schedule of activities including

ected property owners, informational workshops, etc.) and meetings

D DESIGN ORDINANCE: ical discussions on a potential submission for the Eden Hill Farm under zoning provisions. We have not; however, received an application for such a request within the next few months.

dangerous buildings at this time. One property is up for Sheriff's sale. ew owners have obtained a renovation permit to begin repairs, all roperty and a final C/O will be done soon. This building has been list. One is being sold with the potential for the owner to rehab. Bids at 20 S. Governors Avenue are due by the end of the March. The

COMMUNITY DEVELOPMENT Community Policing: One Officer on foot patrol: Total hours of coverage 18; Citizen Contacts 127; Total number of arrests 3. Housing Rehabilitation Program Seven (7) owner occupied homes in the City are underway to be rehabilitated with CDBG funds. One home has been completed.

Audit Review On February 9, 2005 a representative from the HUD office was here to conduct an audit of the Community Development policies and procedures.

MEETING REPORTS Board of Adjustment: At its meeting of February 16, 2005 the Board of Adjustment took the following actions:

1. Application # V-04-16: 381 College Road: Whatcoat Social Services: - Moved to approve. 2. Application # V-05-02: 20 Baltray Road: Fox Hall Plantation Company – Moved to approve

with the amendment of a fifteen (15) foot setback instead of the ten (10) foot requested. 3. Application # V-05-03: 401 Kesselring Avenue: Capital Baptist Church - Moved to table the

request for further advice from the Board’s legal counsel.

Dover Parking Authority: At its meeting of February 3, 2005 reports were given on the budget, permit sales, Police Department activities, and update on the North Street Parking Lot. The next Parking Authority meeting is scheduled for March 3, 2005. A Parking Study Stakeholders meeting was held at Wesley College on February 4, 2004 to provide interested parties the opportunity to comment and suggest ideas for the outcome of this study. Historic District Commission: At its meeting of February 17, 2005 the Historic District Commission took the following actions:

1. HI-05-01 Christ Episcopal Church: Signs, Architectural Review Certificate: - Moved to authorize the installation of two new signs with specific conditions for design, placement, and removal of other signage.

The Historic District Commission also discussed the required elements of an application to be designated as a Certified Local Government Program (CLG). Staff will begin preparation of the application materials. Planning Commission At its meeting of February 22, 2005, the Planning Commission took the following actions:

1) C-03-08 Revised Fountainview Senior Apartments: Planned Neighborhood Design _ Senior Housing Option – Moved to approve a one year extension of the project approval.

2) SB-03-01P Rojan Meadows: Planned Neighborhood Design – moved to approve with stipulations.

3) SB-05-02P Lands of Bellmeyer-Carr, Inc., at 44 Washington Street: Minor Subdivision and Minor Lot Line Adjustment – Moved to approve with stipulations.

INSPECTIONS ACTIVITY

Permits and Licenses Rental Dwelling, Public Occupancy & Lodging House Permits: Year to Date ____ 1,193___ Number of New Occupancies - February 2005 366___ Permit Fees Collected for Rental, Public Occupancy & Lodging Permits, Feb. 2005 $41,932.50 Number of Business Licenses & Mobile Homes Issued – February 2005 60___ Total Number of Business Licenses & Mobile Homes for Year 7/1/04 to 6/30/05 ___ 3,599___ Total Fee Collected for Business Licenses & Mobile Homes for Feb 2005 $5,076.20_ Total all Construction Permits* and Certificate of Occupancies Issued for Feb 2005 _____ 169___ Value of Construction & Fire Prevention projects permitted in February 2005 $2,096,812.00 Fees Collected for Construction Permits and CO’s for February 2005 __$25,834.50_

*Construction permits include Building, Fire Prevention, Plumbing, and HVAC Permits Property Inspections: February 2005: Fire Marshal – Inspections – Property Maintenance

Office of the Fire Marshal

Fire and Safety Inspections 43Fire Code Inspections 21Sprinkler and Fire Alarm 0Certificate of Occupancy 1Alarm Activation Follow-ups 4Fire Investigations 3 Total Inspections 72Non-Inspection Hours

Office Training Plan Review

8856

0

Fire Report: Two sprinkler system suppressed fires occurred during the Month of February. One was at Courtyard Apartments on College Road and the other was at the Howard Johnson’s Hotel next to K-Mart.

Building and Property Maintenance Inspections

Building Plumbing/Mechanical Certificate of Occupancy

17519422

Total New Construction 391Complaints 135Observed by Inspectors 158Fire/Life Safety 53Total Inspections 737Non-Inspection Hours

Office Training Plan Review

2799.5 86

As always, please contact me regarding any questions you may have.

James J. Galvin, Jr. AICP Director of Planning and Inspections

FIRST READING

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THECITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATEDON THE EAST SIDE OF BAY ROAD (INTERSECTION OF ROUTE 113 AND PUNCHEONRUN CONNECTOR), CONSISTING OF 38.12 ACRES

WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property withinthe limits of the City of Dover; and

WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use ofproperty described below from C-4 (Highway Commercial) for 3.80 acres and IPM (Industrial Park+/-

Manufacturing) for 34.32 acres to C-4 (Highway Commercial) for 5.30 acres and IPM (Industrial Park+/- +/-

Manufacturing) for 32.82 acres.+/-

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OFDOVER, IN COUNCIL MET:

1. That from and after the passage and approval of this ordinance the Zoning Map and ZoningOrdinance of the City of Dover have been amended by changing the zoning designation fromC-4 (3.80 acres) and IPM (34.32 acres) to C-4 (5.30 acres) and IPM (32.82 acres) on+/- +/- +/- +/-

that property located at on the east side of Bay Road (Intersection of Route 113 andPuncheon Run Connector), owned by Delaware Industrial Enterprises

ADOPTED: *S:\ClerksOffice\Rezonings\2005\Bay Rd East Side of Rt 113\Ordinance - 1st Rdg.wpd

FIRST READING

AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING ZONING DESIGNATIONS TO CONFORM WITH THE COMPREHENSIVE PLAN UPDATE 2003. WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and WHEREAS, Delaware Code, Title 22, Chapter 3 Municipal Zoning Regulations, Section 303, Purpose of Regulations, states that zoning regulations shall be made in accordance with a Comprehensive Plan and designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to provide health, general welfare, adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, and to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements; and WHEREAS, Delaware Code, Title 22, Chapter 7 Planning Commission, Section 702 (c) Comprehensive Development Plan, states that the Comprehensive Plan shall be the basis for the development of zoning regulations and that upon adoption of the Comprehensive Development Plan, the official zoning map shall be amended to rezone all lands within the municipality in accordance with the uses of land provided for in the Comprehensive Development Plan; and WHEREAS, the City of Dover adopted The Dover Plan: 2003 Comprehensive Plan Update “From the People – For the People 2003-2008” on September 22, 2003; and WHEREAS, the City of Dover has prepared a Comprehensive Rezoning Map 2005 showing recommendations to change zones for an identified series of properties so that the City of Dover Zoning Map is in accordance with the adopted 2003 Comprehensive Plan Update. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover is amended by changing the zoning designations of specific properties to conform with the Zoning Map changes presented to City Council on May 17, 2005 as depicted on the map and summary table entitled “City of Dover Comprehensive Rezoning Project 2005.”

ADOPTED: *

ACTION FORM

PROCEEDING: City Council - Meeting of March 28, 2005 AGENDA ITEM NO.: 14

DEPARTMENT OF ORIGIN: Department of Planning & Inspections DATE SUBMITTED: 3/23/2005

PREPARED BY: James Galvin, AICP and Dawn Melson, AICP

SUBJECT: Comprehensive Plan Update 2003: Plan Amendments

Land Development Plan Revisions (Map 11-1 & Chapter 11)

Annexation Plan Revisions (Map 12-1 & Chapter 12)

Implementation Plan Revisions (Chapter 14)

REFERENCE: Application files: MI-05-03 Land Development Plan Revisions

MI-05-04 Annexation Plan Revisions

MI-05-05 Implementation Plan Revisions

RELATED PROJECTS: Comprehensive Plan Update 2003 (Adopted September 22, 2003)

Comprehensive Rezoning Project 2005 (Application file MI-05-02)

APPROVALS: Planning Commission public hearing and consideration to be scheduled for May 2, 2005

EXHIBITS: ----

EXPENDITURE REQUIRED: $ ----- AMOUNT BUDGETED: $----- FUNDING SOURCE (Dept./Page in CIP & Budget): N/A

TIMETABLE: City Council Special Meeting on May 17, 2005

RECOMMENDED ACTION: Notification of a Public Hearing before the Planning Commission at a Special Meeting on May 2, 2005 at 7:00pm and that a Special City Council Meeting be scheduled with a Public Hearing on Tuesday, May 17, 2005 at 7:00pm.

BACKGROUND The Dover Plan: From the People – For the People is the City of Dover’s Comprehensive Plan. The Comprehensive Plan Update 2003 was adopted by the City of Dover Planning Commission and City Council in September of 2003 and certified by the State of Delaware at that time. A series of Plan Amendments to the Comprehensive Plan Update 2003 have been prepared for consideration. The three Plan Amendments are described as follows:

• Land Development Plan Revisions (Map 11-1 and Chapter 11) Chapter 11: Land Development Plan discuses the future land development and land uses for properties within the City. It includes the Land Development Plan Map (Map 11-1) which outlines the future development of land in the City by depicting a land use type category for each parcel of land. These land use categories include Residential, Mixed Use, Commercial, Institutional, Office Parks, Industrial, Open Space, Agriculture, etc. During the review process for the Comprehensive Rezoning Project 2005, Planning Staff identified items in the Land Development Plan that need to be addressed. This has resulted in recommended changes to the Land Development Plan Map. These changes occur for many reasons including the following: the results of approved rezoning applications including Minor Variations, perceived mapping errors, the ability for zoning classifications to comply in

multiple land use type categories, updated data in specific areas, and planning visions for specific areas. For this Amendment, the recommended changes will be depicted on a map and listed in a summary table. A narrative will also provide information on the review process.

• Annexation Plan Revisions (Map 12-1 and Chapter 12) Chapter 12: Annexation Plan as approved in the adopted Comprehensive Plan Update 2003 anticipated an amendment to include the results of the Cost/Revenue Analysis Study for the potential annexation parcels and any changes to the Plan based on the results. The consultants hired by the City developed a methodology for assessing the costs and revenues for a series properties depicted on the Annexation Plan Map. The revisions to the Annexation Plan will describe the Cost/Revenue Analysis Study project and its results. A narrative will also provide guidance as to the items to be considered during the Annexation review process. The Annexation Plan Map also currently places lands into categories: Category 1: Lands Identified for Annexation, Category 2: Lands Desirable for Annexation, Category 3: Lands to be Evaluated for Annexation, and Areas of Concern. In addition, a potential land use type (Residential, Commercial, Institutional, Office or Industrial) is identified for lands in Category 1 and Category 2. The Amendment will propose re-categorization of potential annexation areas and revisions to the potential land use designations for identified annexation areas. • Implementation Plan Revisions (Chapter 14) Chapter 14: Implementation Plan outlines the timeframe (Phases I-IV) for actions to be completed to implement elements of the Comprehensive Plan Update 2003. These actions include project activities such as ordinance review and development, studies on specific topics, and special plans. It is recognized that some changes are necessary to the Implementation Plan to be able to achieve resolution to the projects identified. For some project activities, the amount of consultation and documentation may not allow the City and staff to bring them to fruition within the current timeframe given. Other changes are to reflect recent initiatives by the City and other agencies, such as Kent County’s Transfer of Development Rights Program. For this Amendment, a narrative will reflect revisions to the timeframe for project activities and the addition of project activities as necessary.

Schedule of Activities for the Plan Amendments

PLUS Review: The review process begins with the review of these Plan Amendments by the Preliminary Land Use Services (PLUS). This will provide advisory comments from a variety of State agencies. This review through the PLUS process is required by the Memorandum of Understanding for PLUS established between the City of Dover and the Office of State Planning Coordination. The PLUS meeting is scheduled for April 6, 2005. Information Workshop: The Planning Staff will conduct an Information Workshop on this series of Comprehensive Plan Amendments along with the Comprehensive Rezoning Project 2005. Two workshop sessions will be held in City Council Chambers on Tuesday, April 5, 2005: Session 1 at 2:00-4:00pm with a presentation at 3:00pm and Session 2 at 6:00-8:00pm with a presentation at 7:00pm. Planning Commission: The Planning Commission will consider and make a recommendation on this series of Comprehensive Plan Amendments at a Special Meeting to be scheduled for May 2, 2005 at 7:00pm. A public hearing will be conducted. City Council: The City Council will consider and take action on this series of Comprehensive Plan Amendments at a Special Meeting to be scheduled for May 17, 2005 at 7:00pm. A public hearing will be conducted.

FIRST READING BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amounts hereinafter named in various City funds are changed from the currently approved revenues/receipts and appropriations to the revised revenues/receipts and revised appropriations for use by the various departments of the Municipal Government for the fiscal year beginning July 1, 2004 and ending June 30, 2005: A. GENERAL FUND

Current Additions RevisedRECEIPTS Budgets (Reductions) Budgets

Beginning Balance 2,917,154$ (141,107) 2,776,047$ Business Licenses 1,214,793 15,207 1,230,000 Permits & Other Licenses 1,040,580 (100,000) 940,580 Transfer Tax 1,400,000 300,000 1,700,000 DSWA-Trash Fee Rebate 162,000 13,583 175,583 Court of Chancery Fees 480,000 40,000 520,000 Internet Service Revenue 26,460 (6,460) 20,000 Sale of Land - 16,750 16,750 Intrafund Service Receipts Water/Wastewater 1,025,270 (18,982) 1,006,288 Intrafund Service Receipts Electric 3,873,593 (66,663) 3,806,930 Grants: Recreation 130,000 (110,000) 20,000 State Grant- Trail Maintenance - 1,200 1,200 Tree Planting Grant - 13,000 13,000 Transfer from Municipal Street Aid 780,000 12,000 792,000 Transfer from Civic Traffic Penalties 800,000 (300,000) 500,000

Net Adjustments (331,472) Current Additions Revised

EXPENSES Budgets (Reductions) Budgets

Council 148,387 (6,550) 141,837 Tax Assessor 251,212 (16,429) 234,783 Fire 924,434 900 925,334 Grounds 991,020 13,150 1,004,170 Library 953,388 (52,512) 900,876 Recreation 768,379 (105,778) 662,601 Planning 228,391 (27,249) 201,142 Public Inspections 953,251 (21,989) 931,262 Police 9,865,086 24,697 9,889,783 Streets 1,234,130 (1,953) 1,232,177 Sanitation 1,992,928 (317) 1,992,611 City Manager 435,772 (28,820) 406,952 Information Technology 889,017 (54,017) 835,000 Finance 648,362 (35,292) 613,070 PW Administration 302,373 1,460 303,833 Facilities Management 1,083,532 (6,882) 1,076,650 Engineering 256,686 (1,062) 255,624 Central Services 788,146 (15,005) 773,141 Vehicle Maintenance 614,578 1,640 616,218 Administrative Services 1,059,118 24,957 1,084,075 Human Resources 327,208 (37,134) 290,074 Mayor 102,568 (1,884) 100,684 Provision for Uncollectibles - 10,000 10,000 Transfer to Workers Compensation Fund - 16,000 16,000 Budget Balance - Working Capital 2,254,366 (11,403) 2,242,963


B. WATER/WASTEWATER FUND


Beginning Bal - Water 1,634,541$ (7,000)$ 1,627,541$ Beginning Bal - Wastewater 644,223 (31,956) 612,267 Water Fees 3,962,500 (226,432) 3,736,068 Wastewater Fees 2,931,810 (594,691) 2,337,119 Wastewater Adjustment Fees 2,788,875 185,639 2,974,514 Impact Fees 665,000 335,000 1,000,000



Construction 495,136$ 637$ 495,773$ Water 880,103 (82,569) 797,534 Water Treatment Plant 639,106 (7,850) 631,256 Wastewater 758,196 (45,268) 712,928 Water Meter Reading 57,685 (2,604) 55,081 Intrafund Service Fees 1,025,270 (18,982) 1,006,288 Transfer to Water I/E 227,151 147,776 374,927 Transfer to Wastewater I/E - 105,595 105,595 Transfer to Impact Fee Reserve 147,860 417,648 565,508 Budget Balance - Water 2,293,963 (279,627) 2,014,336 Budget Balance - WW 1,344,727 (370,675) 974,052 Budget Balance - Kent County Fees (1,507,895) (203,521) (1,711,416)


C. WATER/WASTEWATER I & E FUNDCurrent Additions Revised

REVENUES Budgets (Reductions) BudgetsBeginning Balance - Wastewater 499,917 119,661 619,578 Bond Issue Proceeds Series 2005 1,175,000 (1,175,000) - Miscellaneous - 50,000 50,000 Transfer from Water WW for Water 227,151 147,776 374,927 Transfer from Water WW for Wastewater - 105,595 105,595 Transfer from Impact Fee Reserve 460,000 (185,000) 275,000



Water 1,048,453$ 77,391$ 1,125,844$ Wastewater 2,460,624 (1,010,590) 1,450,034 Water Construction 107,364 (101) 107,263 Budget Balance - Water- Working Capital 10,160 120,435 130,595 Budget Balance - Wastewater - Working Capital 24,066 375,897 399,963 Budget Balance - Bond Proceeds - 2005 500,000 (500,000) -


D. ELECTRIC REVENUE FUND


Beginning Balance 3,842,665$ (6,286)$ 3,836,379$ Duke Contract Revenue - 1,072,000 1,072,000



Transmission/Distribution 2,963,771 5,750 2,969,521 Electrical Engineering 1,668,692 16,708 1,685,400 Administration 806,659 63,890 870,549 Meter Reading 281,577 (8,732) 272,845 Transfer to Workers Compensation Fund - 8,000 8,000 Interest on Deposits 15,000 10,000 25,000 Intrafund Service Fees 3,873,593 (66,663) 3,806,930 Other Appropriations: Improvement/Extension - 600,000 600,000 Debt Service 2,170,213 494,961 2,665,174 Debt Service - Arbitrage Compliance 50,000 (50,000) - Inventory Reserve 125,000 (125,000) - Rate Stabilization Reserve 500,000 572,000 1,072,000 Budget Balance - Working Capital 3,921,490 (455,200) 3,466,290


E. ELECTRIC I & E FUNDCurrent Additions Revised

REVENUES Budgets (Reductions) BudgetsBeginning Balance 5,795,917$ (650,000)$ 5,145,917$ Trsfr from Electric Rev Fund - 600,000 600,000


Current Additions RevisedEXPENSES Budgets (Reductions) BudgetsTransmission/Distribution 981,114$ 651,952$ 1,633,066$ Electrical Engineering 3,106,604 (51,952) 3,054,652 Budget Balance - Working Capital 872,375 (650,000) 222,375


FIRST READING

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 5, Article II, Section 5-16 (a) BOCA National Building Code adopted, and (b) International One- and Two-Family Dwelling Code adopted. be amended to read: ARTICLE II. BUILDING CODE Sec. 5-16. Adopted. (a) International Building Code adopted. That certain documents, three (3) copies of which are on file in the department of planning and inspections of the City of Dover being marked and designated as “The International Building Code, 2003 Edition” as published by the International Code Council be and is hereby adopted as the Building Code of the City of Dover in the State of Delaware; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Building Code, are hereby referred to, adopted and made a part hereof as if fully set out in this section, with the additions, insertions, deletions and changes as follows: Section 101.1 Title. Insert “City of Dover, DE” in place of “[NAME OF JURISDICTION]” Section 105.2. Work exempt from permit. Delete Section in its entirety. SECTION 106 CONSTRUCTION DOCUMENTS Section 106.1. Insert: “for new construction, alterations, repairs, expansion, additions or modifications of buildings or structures, which involve the practice of architecture or engineering, as defined by the professional registration laws of the State of Delaware shall be prepared by a registered design professional consistent with the professional registration laws of the State of Delaware. Construction documents shall include the name, address and license or registration number of the registered design professional and shall be signed, sealed and dated by the registered design professional in accordance with the professional registration or licensing laws, statutes, regulations or administration provisions of the State of Delaware.”, in place of, “shall be prepared by a registered design professional where required by the statues of the jurisdiction in which the project is to be constructed.” Section 108.3. Insert: “see Section 5-21 Fees for permits” in place of, “in accordance with the schedule as established by the applicable governing authority”. Section 112 BOARD OF APPEALS, Delete Section in its entirety. Section 113.4 Violation Penalties. Insert: “Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, places, alters, repairs, a building or structure in violation of the approved construction documents or directive of the building inspector, or of a permit or certificate issued under the provisions of this code shall be charged with a violation of this code and be guilty of a misdemeanor, punishable by a fine of not less than $100.00 or more than $10,000.00, or by imprisonment thirty (30) days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. In place of: “Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, places, alters, repairs, a building or structure in violation of the approved construction documents or directive of the building inspector, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law.

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Section 114.3 Unlawful continuance. Insert: “Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be charged with a violation of this section and shall be fined according to the following schedule: $100.00 for any first offense; $250.00 for any second offense; $500 for any third offense; and no less than $1000.00 or more than $10,000.00 for any fourth and subsequent offense. Repeat offenders shall not receive warnings and shall instead be subject to progressively increasing fines according to the foregoing schedule. Each day that a violation continues shall be deemed a separate offense., in place of: “Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform a violation or unsafe condition, shall be subject to penalties as prescribed by law.” Section 1612.3. Insert: “Kent County” in place of, “[INSERT NAME OF JURISDICTION]” Section 1612.3 Insert: “May 5, 2003”,in place of, “[INSERT DATE OF ISSUANCE]” Section 3410.2. Insert: April 4, 1984 in place of [DATE TO BE INSERTED BY THE JURISDICTION. NOTE: IT IS RECOMMENDED THAT THIS DATE COINCIDE WITH THE EFFECTIVE DATE OF BUILDING CODES WITHIN THE JURISDICTION]. (b) International Residential Code Adopted. That certain documents, three (3) copies of which are on file in the Department of Planning and Inspections in the City of Dover, being marked and designated as the International Residential Code, as published by the International Code Council, be and is hereby adopted as the code of the City of Dover for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of building, mechanical, plumbing and electrical systems in the City of Dover and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Residential Code, as referenced in the Building Code adopted in 5-16 (a), published by the International Code Council, on file in the office of the City of Dover are hereby referred to, adopted and made a part hereof as if fully set out in this section. The following sections of the International Residential Code are hereby revised: Section 101.1 Title. Insert “City of Dover, DE” in place of “[NAME OF JURISDICTION]” Section 105.2. Work exempt from permit. Modify as follows: Building:

1. One story detached accessory structures, provided the floor area does not exceed 200 24 square feet (18.58 2.23 m²).

2. Fences not over 6 feet (1829mm) high. 3. Retaining walls that are not over 4 feet (1219mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 1. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18927 L)

and the ratio of height to diameter or width does not exceed 2 to 1. 5. 2. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade and not over

any basement or story below. 6. 3. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work. 7. 4. Prefabricated swimming pools that are less than 24 inches (610 mm) deep. 8. 5. Swings and other playground equipment accessory to a one or two-family dwelling. 9. 6. Window awnings supported by an exterior wall which do not project more than 54 inches (1372

mm) from the exterior wall and do not require additional support.

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SECTION R106 CONSTRUCTION DOCUMENTS R106.1 Submittal documents. Construction documents, special inspection and structural observation programs, and other data shall be submitted in one or more two sets, with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statues of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional.

SECTION R108 FEES R108.2 Schedule of permit fees. Insert: “see Section 5-21 Fees for permits”, in place of, “in accordance with the schedule as established by the applicable governing authority”. SECTION R112 BOARD OF APPEALS Delete Section in its entirety. SECTION R113 VIOLATIONS Section R113.4 Violation Penalties. Insert: “See Section 5-16 (a) Section 113.4 Violation Penalties In place of: “Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, places, alters, repairs, a building or structure in violation of the approved construction documents or directive of the building inspector, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. SECTION R114 STOP WORK ORDER Section R114.3 Unlawful continuance. Insert: See Section 5-16 (a) International Building Code, Section 114.3 Unlawful continuance, in place of: “Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform a violation or unsafe condition, shall be subject to penalties as prescribed by law.” TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA

SUBJECT TO DAMAGE FROM

GROUND SNOW LOAD

WIND SPEED (mph)

SEISMIC DESIGN

CATEGORY Weathering

Frost line

depth Termite Decay

WINTER DESIGN

TEMP

ICE SHIELD UNDER-

LAYMENT REQUIRED

FLOOD HAZARDS

AIR FREEZING

INDEX

MEAN ANNUAL

TEMP

25

95 Gust 77

Fastest A Severe 24” Moderate to Heavy

Slight to Moderate 14º NO

May 5, 2003 450 55º

CHAPTER 4 FOUNDATIONS SECTION R403 FOOTINGS R403.1.1 Minimum size. Minimum sizes for concrete and masonry footings shall be as set forth in Table R403.1 and Figure R403.1(1). The footing width, W, shall be based on the load-bearing value of the soil in accordance with Table 401.4.1. Spread footings shall be at least 6 inches in thickness. Footing projections, P, shall be at least 2 inches and shall not exceed the thickness of the footing. The minimum thickness of a footing shall be the nominal width of the wall but not less than 8 inches. The nominal width of the footings shall be twice the nominal thickness of the wall. Two story sections of a building shall have a minimum footing width of 24 inches and a minimum footing depth of 10 inches. The size of

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footings supporting piers and columns shall be based on the tributary load and allowable pressure in accordance with Table 401.4.1.,but in all cases shall be a minimum of 24 inches x 24 inches x 12 inches deep. Footings for wood foundations shall be in accordance with the details set forth in Section R403.2, and Figures R403.1(2) and R403.1(3). R403.1.2 Continuous footings in Seismic Design Categories D1 and D2. Delete in its entirety and Insert: R403.1.2 Footing reinforcement. Footings shall be reinforced with a minimum of two #4 rebar wired together with a minimum 15” overlap; pier footings with a minimum of two #4 rebar wired together in two directions, and column footings with three #4 rebar wired together in two directions. R403.1.3 Seismic reinforcing. Delete in its entirety R403.1.4 Minimum Depth. All exterior footings shall be placed at least 12 24 inches below the undisturbed ground. Where applicable, the depth of the footings shall also conform to Sections R403.1.4.1 through R403.1.4.2. 403.1.4.1 Frost protection. Exceptions:

1. Freestanding residential accessory structures with an area of 400 240 square feet or less and an eave height of 10 feet or less, except for pole buildings and garages, shall not be required to be protected provided that they are leveled and secured with tie-downs or equivalent manufactured home fastening devices on each corner. Structures 20 feet or more in length shall have additional anchors attached in the center of each side.

2. Decks not supported by a dwelling need not be provided with footings that extend below the frost

line. Single story supported in part by a dwelling and with 4” x 4” posts shall have footings that are a minimum of 8 inches in diameter; with 6” x 6” posts a minimum of 12” diameter is required; the bottom of all such footings shall be a minimum of 24” below finished grade and be at least 6” deep.

FIRST READING

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 5, Article III, Electrical Installations, Section 5-31 Electrical Code Adopted be amended to read: Article III ELECTRICAL INSTALLATIONS Sec. 5-31. Electrical code adopted. (a) There is hereby adopted by reference for the purpose of establishing rules and regulations for the installation, renewal, extension, and reception of electric wiring and electric apparatus in existing buildings, structures or outdoor electrical displays or signs, that certain code known as the "National Electrical Code" as recommended by the National Fire Protection Association, and the same is hereby adopted and incorporated as fully as if set out at length herein, and shall be controlling for all electrical wiring and apparatus in building, structures, or outdoor electrical displays, or signs within the city. (b) It shall be unlawful for any person to violate any of the provisions of the code adopted in subsection (a).

FIRST READING

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 5, Article IV, Mechanical Code, Section 5-56. Adopted be amended to read: ARTICLE IV. MECHANICAL CODE Sec. 5-56. Adopted. (a) That certain documents, three (3) copies of which are on file in the office of the department of inspections and the City of Dover, being marked and designated as the International Mechanical Code, including Appendix Chapter "A", as referenced in the Building Code adopted in 5-16 (a), published by the International Code Council, be and is hereby adopted as the code of the City of Dover for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems in the City of Dover and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Mechanical Code, as referenced in the Building Code adopted in 5-16 (a), published by the International Code Council, on file in the office of the City of Dover are hereby referred to, adopted and made a part hereof as if fully set out in this section. The following sections of the International Mechanical Code are hereby revised: Section 101.1 Title. Insert “City of Dover, DE” in place of “[NAME OF JURISDICTION]” 106.5.2 Fee Schedule. Insert: “See Section 5.61 Heating, air conditioning, and heat pump permit fees”, in place of, The fees for all mechanical work shall be as indicated in the following schedule: [JURISDICTION TO INSERTAPPROPRIATE SCHEDULE]”. Section 106.5.3 Fee refunds. Delete in its entirety. SECTION 108 VIOLATIONS Section 108.4 Violation Penalties. Insert: “See Section 5-16 (a) International Building Code Section 113.4, Violation Penalties” In place of: Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alters, or repair, a plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT], or by imprisonment not exceeding thirty (30) days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 108.5 Stop work orders. Insert: “See Section 5-16 (a) International Building Code, Section 114.3 Unlawful continuance”, in place of: Upon notice from the code official that mechanical work is being done contrary to the provisions of this code or in a dangerous and unsafe manner such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be charged with a violation of this section and shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars

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SECTION 109 MEANS OF APPEAL Delete Section in its entirety. (b) If any section, subsection, sentence, clause or phrase of this section is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The city council hereby declares that it would have passed the ordinance from which this section derives, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

FIRST READING

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 5, Article V, PLUMBING CODE Section 5-71 Adopted be amended to read: ARTICLE V. PLUMBING CODE Sec. 5-71. Adopted. (a) That certain documents, three (3) copies of which are on file in the office of the department of planning and inspections in the City of Dover, being marked and designated as International Plumbing Code, including Appendix Chapters B, C, D, E, F, G, as referenced in the Building Code adopted in 5-16 (a), published by the International Code Council, be and is hereby adopted as the code of the City of Dover for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems in the City of Dover and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Plumbing Code, as referenced in the Building Code adopted in 5-16 (a), published by the International Code Council, on file in the office of the City of Dover are hereby referred to, adopted and made a part hereof as if fully set out in this section. The following sections are hereby revised:

Section 101.1 Title. Insert “City of Dover, DE” in place of “[NAME OF JURISDICTION]” Section 106.6.2 Fee Schedule. Insert: “See Section 5.75 Permit Fees”, in place of, “The fees for all plumbing work shall be as indicated in the following schedule:

[JURISDICTION TO INSERT APPROPRIATE SCHEDULE]”. Section 106.6.3 Fee refunds. Delete in its entirety. Section 108.4 Violation Penalties. Insert: “See Section 5-16 (a) International Building Code Section 113.4, Violation Penalties”, In place of: Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alters, or repair, a plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or by imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 108.5 Stop work orders. Insert: “See Section 5-16 (a) International Building Code, Section 114.3 Unlawful continuance”, in place of: Upon notice from the code official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous and unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be charged with a violation of this section and shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars (b) That if any section, subsection, sentences, clause or phrase of this section is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The city council hereby declares that it would have passed the ordinance from which this section derives, and each section, subsection, clause and phrase therefore, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional.

FIRST READING

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 7, Article III, FIRE PREVENTION CODE, Section 7-56 Adopted be amended to read as follows: ARTICLE III FIRE PREVENTION CODE Sec-7-56 Adopted (a) International Fire Code adopted. A certain document, three (3) copies of which are on file in the office of the department of planning of the City of Dover, being marked and designated as "International Fire Code, 2003 Edition," as published by the International Code Council, be and is hereby adopted as the Fire Prevention Code of the City of Dover in the State of Delaware; for the control of buildings, structures and premises as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Fire Code, are hereby referred to, adopted and made part hereof as if fully set out in this section, with additions, insertions, deletions and changes as follows: Section 101.1 Insert “City of Dover”, in place of [NAME OF JURIDICTION]. Delete in their entirety: Sections 105.6 Required operational permits., through 105.7.12 Temporary membrane structures, tents, and canopies. (b) National Fire Codes adopted. There is hereby adopted the most recently published edition of the National Fire Prevention Association's (NFPA) National Fire Codes (excluding NFPA Codes 11C, 13E, 402M, -41s, 422, 424M-473, 901-906, 1001-1041, 1201-1410, 1452-1999, 5000), three (3) copies of which are on file in the office of the fire marshal. (c) The more restrictive provisions of the International Fire Codes as set forth in subsection (a) above or the National Fire Codes as set forth in subsection (b) above shall apply whenever they may be in conflict. (d) It shall be unlawful for any person to violate any of the provisions of the publications adopted in subsection (a) or (b).

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1

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 10, Housing and Property Maintenance, Article I, In General, Section 10-1 Property Maintenance Code adopted be amended to read ARTICLE I. IN GENERAL* Sec. 10-1. Property maintenance code adopted. (a) That a certain document, three (3) copies of which are on file in the office of the department of planning and inspections of the City of Dover, being marked and designated as "The International Property Maintenance Code, 2003" as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Dover, in the State of Delaware; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said property maintenance code are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the following additions, insertions, deletions and changes: Section 101.1 Title. Insert “City of Dover, DE” in place of “[NAME OF JURISDICTION]” SECTION 111 MEANS OF APPEAL Delete Section in its entirety. Section 304.14 Insect screens. Insert: "March 1st to November 30th" in place of "[date] to [date]". Section 602.3 Heat supply. Insert: "September 15th to May 1st" in place of "[date] to [date]". Section 602.4. Occupiable work spaces. Insert: "September 15th to May 1st" in place of "[date] to [date]". (b) It shall be unlawful for any person to violate any of the provisions of the publication adopted in subsection (a).

FIRST READING

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:

That the Dover Code be amended by deleting Chapter 4.5 in its entirety and inserting in lieu thereof thefollowing:

Chapter 4.5BICYCLES AND OTHER SIMILAR HUMAN-POWERED VEHICLES

Sec. 4.5-1. Regulations.

The operation and use of bicycles and other similar human-powered vehicles (including, but not limitedto bicycles, scooters, skateboards, rollerblades, rollerskates, and the like) - excluding wheel chairs and otherdevices used for handicapped transportation - will be governed by this Chapter and the motor vehicle lawsof the State of Delaware {Title 21, Chapter 41, Subchapter XII}.

Sec. 4.5-2. Bicycle Registration.

The police department is hereby authorized to register bicycles upon written application. Suchregistration is encouraged and will be maintained by the police department for identification purposes. Suchregistration shall also entitle the operation of the bicycle in the city.

Sec. 4.5-3. Impoundment of unlicensed bicycles.

The police force may impound any bicycle operated in violation of section 4.5-1 and retain possessionthereof until a license is obtained by the owner of the bicycle. Should the police force retain possession formore than sixty (60) days, it may dispose of the bicycle. (Ord. of 2-22-82)

Sec. 4.5-4. Bicycles and skateboards on sidewalks.

The use and operation of bicycles and other similar human-power vehicles (including, but not limitedto bicycles, scooters, skateboards, rollerblades, rollerskates, and the like) - excluding wheel chairs and otherdevices used for handicapped transportation - on sidewalks in the downtown shopping area is herebyprohibited. This section shall be enforced by the erection of appropriate signs in the downtown shopping areadesignating the areas where bicycles and other similar human-power vehicles may not be used. (Ord. of10-22-79)

Sec. 4.5-5. Penalties for violation.

Any person who shall violate any of the sections of this chapter, or who shall fail to comply therewith,or with any of the requirements thereof, shall be subject to a fine not to exceed one hundred dollars($100.00) and not less than ten dollars ($10.00). Fines not paid within fourteen (14) days of the day the finewas issued, including the day the fine was issued, shall be automatically doubled in amount. (Ord. of7-28-86; Ord. of 9-22-03)

/jgS:\ClerksOffice\Ordinances\2005\Draft Ordinances\Bicycles - Section 4.5 First Reading 03-28-05.wpd

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