REGULAR CITY COUNCIL MEETING AGENDA
APRIL 22, 2019 - 7:30 P.M.
CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA, DOVER, DELAWARE
OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.) THE “OPEN FORUM” SEGMENT IS PROVIDED TO EXTEND THE OPPORTUNITY TO THE GENERAL PUBLIC TO SHARE THEIR QUESTIONS, THOUGHTS, COMMENTS, CONCERNS, AND COMPLAINTS. DISCUSSION OF ANY ITEM APPEARING ON THE AGENDA AS A PUBLIC HEARING IS PROHIBITED DURING THE OPEN FORUM AS AN OPPORTUNITY WILL BE PROVIDED DURING CONSIDERATION OF THAT ITEM. CITIZEN COMMENTS ARE LIMITED TO THREE (3) MINUTES. COUNCIL IS PROHIBITED FROM TAKING ACTION SINCE THEY ARE NOT IN OFFICIAL SESSION; HOWEVER, THEY MAY SCHEDULE SUCH ITEMS AS REGULAR AGENDA ITEMS AND ACT UPON THEM IN THE FUTURE.
INVOCATION BY BISHOP THOMAS L. HOLSEY
PLEDGE OF ALLEGIANCE LED BY COUNCILMAN SUDLER
ADOPTION OF AGENDA
*CONSENT AGENDA THOSE ITEMS ON THE COUNCIL AGENDA WHICH ARE CONSIDERED ROUTINE AND NON- CONTROVERSIAL SHALL BE MARKED WITH AN ASTERISK (*) AND WILL BE ACTED UPON BY A SINGLE ROLL CALL VOTE OF THE COUNCIL. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEMS UNLESS A MEMBER OF COUNCIL SO REQUESTS, IN WHICH EVENT THE MATTER SHALL BE REMOVED FROM THE CONSENT AGENDA AND CONSIDERED A SEPARATE ITEM.
* 1. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 8, 2019
2. CERTIFICATE OF CONGRATULATIONS - AMERICAN ASSOCIATION OF UNIVERSITY WOMEN (AAUW) DOVER BRANCH - 80TH ANNIVERSARY
3. ANNEXATION/REZONING OF PROPERTY LOCATED AT 2920 NORTH DUPONT HIGHWAY, OWNED BY NEWWIND PROPERTIES 2920 LLC (RECEIVED REQUEST TO POSTPONE - RECOMMEND THAT THE PUBLIC HEARING BE RESCHEDULED FOR TUESDAY, MAY 28, 2019) A. PUBLIC HEARING - ZONING CLASSIFICATION PROPERTY LOCATED AT 2920 NORTH DUPONT HIGHWAY, CONSISTING OF 0.57 +/- ACRES, OWNED BY NEWWIND PROPERTIES 2920 LLC. THIS PROPERTY IS CURRENTLY ZONED BG (GENERAL BUSINESS)(KENT COUNTY ZONING CLASSIFICATION) AND THE PROPOSED ZONING IS C-4 (HIGHWAY COMMERCIAL)(CITY OF DOVER ZONING CLASSIFICATION) (TAX PARCEL: ED-00-057.02-01-08.00-000; PLANNING REFERENCE: AX-19-01; COUNCIL DISTRICT: 3) B. ADOPTION OF ANNEXATION RESOLUTION NO. 2019-03 COUNCIL AGENDA - APRIL 22, 2019 PAGE 2
3. ANNEXATION/REZONING OF PROPERTY LOCATED AT 2920 NORTH DUPONT HIGHWAY, OWNED BY NEWWIND PROPERTIES 2920 LLC (CONTINUED) (RECEIVED REQUEST TO POSTPONE - RECOMMEND THAT THE PUBLIC HEARING BE RESCHEDULED FOR TUESDAY, MAY 28, 2019) C. FINAL READING/ADOPTION OF REZONING ORDINANCE #2019-01 THE FIRST READING OF THE PROPOSED ORDINANCE WAS ACCOMPLISHED DURING THE COUNCIL MEETING OF JANUARY 14, 2019. THE ORDINANCE IS AVAILABLE AT THE ENTRANCE OF THE COUNCIL CHAMBERS, ON THE CITY'S WEBSITE AT WWW.CITYOFDOVER.COM UNDER "GOVERNMENT," OR BY CONTACTING THE CITY CLERK'S OFFICE AT 736-7008 OR [email protected]. (1) AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 2920 NORTH DUPONT HIGHWAY
* 4. DOVER HUMAN RELATIONS COMMISSION REPORT - MARCH 21, 2019 A. ELECTION OF COMMISSION CHAIR (COMMISSION ELECTED MR. ALAN P. GADDIS AS CHAIR) B. 2018 ANNUAL REPORT TO CITY COUNCIL (COMMISSION RECOMMENDATION: ACCEPTANCE OF THE DOVER HUMAN RELATIONS COMMISSION 2018 ANNUAL REPORT TO CITY COUNCIL) C. FUTURE MEETING DATES (COMMISSION DECIDED TO CONTINUE HOLDING MONTHLY MEETINGS) D. PROPOSED REVISIONS TO DHRC BROCHURE (COMMISSION DEFERRED THIS ITEM TO THE NEXT MEETING) E. COMMISSION MEMBERS' ANNOUNCEMENTS
5. COUNCIL COMMITTEE OF THE WHOLE REPORT - APRIL 9, 2019 * A. COUNCIL COMMITTEE OF THE WHOLE (1) UPDATE ON THE COMPREHENSIVE PLAN PROJECT (COMMITTEE ACTION NOT REQUIRED) * B. UTILITY COMMITTEE (1) ANNUAL ENGINEERING CONSULTANT'S REPORT ON THE OPERATION AND MAINTENANCE OF THE ELECTRIC SYSTEM - FISCAL YEAR 2018 (COMMITTEE RECOMMENDATION: ACCEPTANCE OF THE REPORT) C. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE * (1) PROPOSED AMENDMENTS TO BY-LAWS - DOWNTOWN DOVER PARTNERSHIP (COMMITTEE RECOMMENDATION: APPROVAL OF THE PROPOSED AMENDMENTS, AS AMENDED) (2) PROPOSED ORDINANCE #2019-10 AMENDING CHAPTER 90 - SOLID WASTE (COMMITTEE RECOMMENDATION: ADOPTION OF ORDINANCE #2019-10, AS AMENDED)(SEE ITEM #10)
* 6. CONTROLLER/TREASURER’S BUDGET REPORT (FEBRUARY YEAR-TO-DATE)
* 7. QUARTERLY REVENUE REPORT AS OF MARCH 31, 2019 (STAFF RECOMMENDATION: ACCEPTANCE OF THE REPORT)
* 8. SEMI-ANNUAL INSPECTION BY CITY MANAGER - ROBBINS HOSE COMPANY (STAFF RECOMMENDATION: ACCEPTANCE OF THE REPORT) COUNCIL AGENDA - APRIL 22, 2019 PAGE 3
9. 2019 REGULAR MUNICIPAL ELECTION RESULTS
10. FIRST READING - PROPOSED ORDINANCE #2019-10 THE FIRST READING IS OFFERED ON THE PROPOSED ORDINANCE. FINAL ACTION BY COUNCIL WILL TAKE PLACE DURING THE SECOND READING ON MAY 13, 2019. THE ORDINANCE IS AVAILABLE AT THE ENTRANCE OF THE COUNCIL CHAMBERS, ON THE CITY'S WEBSITE AT WWW.CITYOFDOVER.COM UNDER "GOVERNMENT," OR BY CONTACTING THE CITY CLERK'S OFFICE AT 736-7008 OR [email protected].
A. AMENDING CHAPTER 90 - SOLID WASTE (LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE)
11. REZONING REQUESTS - FIRST READINGS OF PROPOSED ORDINANCES THE FIRST READING IS OFFERED ON THE FOLLOWING PROPOSED ORDINANCES. THEY ARE RECOMMENDED FOR REFERRAL TO THE PLANNING COMMISSION FOR A PUBLIC HEARING ON MAY 20, 2019 AND THAT A PUBLIC HEARING BEFORE CITY COUNCIL BE SET FOR JUNE 10, 2019 AT 7:30 P.M., AT WHICH TIME THE FINAL READINGS AND COUNCIL ACTION WILL TAKE PLACE. THE ORDINANCES ARE AVAILABLE AT THE ENTRANCE OF THE COUNCIL CHAMBERS, ON THE CITY'S WEBSITE AT WWW.CITYOFDOVER.COM UNDER "GOVERNMENT," OR BY CONTACTING THE CITY CLERK'S OFFICE AT 736-7008 OR [email protected].
A. ORDINANCE #2019-11 PROPERTY LOCATED AT 53 NORTH WEST STREET, CONSISTING OF 0.20+/- ACRES, AND 517 WEST DIVISION STREET, CONSISTING OF 0.35+/-ACRES, OWNED BY HARMAN OIL, INC. THE PROPERTIES ARE CURRENTLY ZONED C-1A (LIMITED COMMERCIAL) AND THE PROPOSED ZONING IS C-2A (LIMITED CENTRAL COMMERCIAL) (TAX PARCELS: ED-05-076.08-04-02.00-000 AND ED-05-076.08-04-01.00-000; PLANNING REFERENCE: Z-19-05; FOURTH COUNCIL DISTRICT) B. ORDINANCE #2019-12 PROPERTY LOCATED AT 731 WEST DIVISION STREET, CONSISTING OF 11,350 +/- S.F. AND 801 WEST DIVISION STREET, CONSISTING OF 8,400+/- S.F., OWNED BY AID IN DOVER, INC. THE PROPERTIES ARE CURRENTLY ZONED C-2A (LIMITED CENTRAL COMMERCIAL) SUBJECT TO COZ-1 (CORRIDOR OVERLAY) AND THE PROPOSED ZONING IS IO (INSTITUTIONAL AND OFFICE) SUBJECT TO COZ-1 (CORRIDOR OVERLAY) (TAX PARCELS: ED-05-076.08-01-34.00-000 AND ED-05-076.08-01-32.00-000; PLANNING REFERENCE: Z-19-06; FOURTH COUNCIL DISTRICT)
12. FINAL READING - PROPOSED ORDINANCE #2019-09 THE FIRST READING OF THE PROPOSED ORDINANCE WAS ACCOMPLISHED DURING THE COUNCIL MEETING OF APRIL 8, 2019. THE ORDINANCE IS AVAILABLE AT THE ENTRANCE OF THE COUNCIL CHAMBERS AND ON THE CITY'S WEBSITE AT WWW.CITYOFDOVER.COM UNDER "GOVERNMENT."
A. 2018-2019 BUDGET ORDINANCE - SECOND AMENDMENT
13. CITY MANAGER’S ANNOUNCEMENTS
14. COUNCIL MEMBERS’ ANNOUNCEMENTS
15. ADJOURNMENT
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EXECUTIVE SESSION PURSUANT TO: 29 DEL. C. §10004(B)(2) - PRELIMINARY DISCUSSIONS ON SITE ACQUISITIONS FOR ANY PUBLICLY FUNDED CAPITAL IMPROVEMENTS, OR SALES OR LEASES OF REAL PROPERTY;
29 DEL. C. §10004(B)(4) - STRATEGY SESSIONS, INCLUDING THOSE INVOLVING LEGAL ADVICE OR OPINION FROM AN ATTORNEY-AT-LAW, WITH RESPECT TO COLLECTIVE BARGAINING OR PENDING OR POTENTIAL LITIGATION, BUT ONLY WHEN AN OPEN MEETING WOULD HAVE AN ADVERSE EFFECT ON THE BARGAINING OR LITIGATION POSITION OF THE PUBLIC BODY;
29 DEL. C. §10004(B)(6) - DISCUSSION OF THE CONTENT OF DOCUMENTS, EXCLUDED FROM THE DEFINITION OF "PUBLIC RECORD" IN §10002 OF THIS TITLE WHERE SUCH DISCUSSION MAY DISCLOSE THE CONTENTS OF SUCH DOCUMENTS;
29 DEL. C. §10004(B)(9) - PERSONNEL MATTERS IN WHICH THE NAMES, COMPETENCY AND ABILITIES OF INDIVIDUAL EMPLOYEES ARE DISCUSSED, UNLESS THE EMPLOYEE REQUESTS THAT SUCH A MEETING BE OPEN
THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(E)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING. REGULAR COUNCIL MEETING
The Regular Council Meeting was held on April 8, 2019 at 7:30 p.m. with Councilman Hare presiding in the absence of Council President Slavin. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Polce, and Mr. Lindell.
Staff members present were Police Chief Mailey, Ms. Peddicord, Mrs. Mitchell, Mr. Hugg, Fourth Assistant Fire Chief Jacobs (departed at 7:59 p.m. and returned at 8:01 p.m.), City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present.
OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Councilman Hare declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action.
There was no one present wishing to speak during the Open Forum.
The invocation was given by Bishop Thomas L. Holsey, followed by the Pledge of Allegiance.
AGENDA ADDITIONS/DELETIONS Mr. Neil moved for approval of the agenda, seconded by Mr. Sudler and unanimously carried.
Mr. Neil moved for approval of the consent agenda, seconded by Mr. Lindell and carried by a unanimous roll call vote (Slavin absent).
ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 25, 2019 The Minutes of the Regular Council Meeting of March 25, 2019 were unanimously approved by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of Mayor Christiansen.
ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF MARCH 26, 2019 The Minutes of the Special Council Meeting of March 26, 2019 were unanimously approved by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of Mayor Christiansen.
PROCLAMATION - ARBOR DAY The City Clerk read the following Proclamation into the record:
WHEREAS, in 1872, J. Sterling Morton, a Nebraska pioneer, proposed that a special day be set aside for the planting of trees by individuals and civic organizations, resulting in the first celebration of Arbor Day on April 10, 1872, with an estimated one million trees being planted in Nebraska that day. In 1885, Arbor Day was named a legal holiday and has since become a national event promoted by the National Arbor Day Foundation, whose mission is to inspire people to plant, nurture, and celebrate trees; and
WHEREAS, the City of Dover was named a Tree City USA in 2018 for the twenty-ninth consecutive year by the National Arbor Day Foundation in recognition of the City's outstanding CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 2 urban forestry program, which includes the maintenance of over 2,250 street trees by the Department of Public Works Grounds Division. The City of Dover Planning and Inspections Department's Tree Planting and Preservation Ordinance has caused the planting of thousands of trees in all subdivisions and commercial sites since 1992, and the City has continued to aggressively plant street trees between curbs and sidewalks in almost every available site in the City; and
WHEREAS, these trees not only contribute to the beautification of the City, but they also help remove pollution from the atmosphere, improve the quality of life of citizens, and can reduce a household's energy consumption by up to 25%. These trees will also live as a part of Dover's rich history; and
WHEREAS, the Delaware State champion American Elm on The Green may be the only living witness to Delaware's ratification of the United States Constitution that took place at the Golden Fleece Tavern in 1787, underscoring that planting and caring for trees is a special gift that one generation passes down to the next.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim April 26th, 2019 as ARBOR DAY in the City of Dover, and urge all citizens to support efforts to care for trees along our streets, in our parks, and in our yards. As the City of Dover plants trees on public property, I urge all citizens to plant trees on their properties to enhance the environment and promote the well-being of present and future generations.
On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Mr. Roger Ridgeway, Jr., Field Supervisor II.
CERTIFICATE OF APPRECIATION - GOVERNOR'S ADVISORY COUNCIL FOR EXCEPTIONAL CITIZENS - HEART 2 HEART HUGS WARM CLOTHING DRIVE The City Clerk read the following Certificate of Appreciation into the record:
CERTIFICATE OF APPRECIATION
Presented to
Governor's Advisory Council for Exceptional Citizens
Thank you for organizing the Heart 2 Heart Hugs Warm Clothing Drive which received 5000 items for children of Delaware who are homeless or in foster care.
We truly appreciate your service and are grateful for what your organization does to give back to the community that we all share.
Because of organizations like yours, Dover is a great place to live, work and play.
On behalf of the Mayor and Council, Mayor Christiansen presented the certificate to Ms. Wendy Strauss, Executive Director, and Ms. Sybil Baker, Administrative Coordinator, of the Governor’s Advisory Council for Exceptional Citizens. CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 3
CERTIFICATE OF CONGRATULATIONS - CAPITAL SCHOOL DISTRICT - 100TH ANNIVERSARY The City Clerk read the following Certificate of Congratulations into the record:
CERTIFICATE OF CONGRATULATIONS
Presented to
Capital School District
for being an essential asset in the Dover community by educating and changing the lives of an infinite number of children for the past 100 years.
The City of Dover extends its sincere congratulations on this special milestone and wishes you many more years of success.
On behalf of the Mayor and Council, Mayor Christiansen presented the certificate to Mr. Dan Shelton, Superintendent, and members of the Capital School District Board of Education.
CERTIFICATE OF CONGRATULATIONS - DOVER HIGH SCHOOL BOYS BASKETBALL TEAM - HENLOPEN NORTH CONFERENCE CHAMPIONS AND 2018-2019 DELAWARE INTERSCHOLASTIC ATHLETIC ASSOCIATION (DIAA) BOYS BASKETBALL STATE FINALIST The City Clerk read the following Certificate of Congratulations into the record:
CERTIFICATE OF CONGRATULATIONS
Presented to
The Dover High School Boys Basketball Team
on being the Henlopen North Conference Champions and the 2018-2019 Delaware Interscholastic Athletic Association (DIAA) Boys Basketball State Finalist. Through their passion and dedication they are the first team in Dover High School history to go undefeated the entire season. We commend the following student-athletes for their outstanding performance:
Elijah Allen Terrance Ross Keith Bessicks Jayvon Rush-Taylor Mohamed Conde Elijah Sessoms Eden Davis Jyheim Spencer John Lassiter Kylen Thomas Tayron Manago Eric White Janai Moore Wanya Wise Brendon Parker Dymear Yelverton CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 4
The entire team and Coaches Stephen Wilson, Randal Fogan, Ryan Robinson, Tyrell Moses and Jason Wolford, are applauded for their remarkable achievement. We enjoyed cheering you on and look forward to next season.
On behalf of the Mayor and Council, Mayor Christiansen presented the certificates to the coach, assistant coaches, and the basketball players. Councilman Neil also presented the coach with a copy of his book, A Very Simple Game! Life & Times of Charley Eckman.
MAYOR'S SELECTION FOR THE JEFFERSON AWARDS LEAD360 CHALLENGE Ms. Madeline Milligan, intern, advised that they had changed their name from the Jefferson Awards Foundation to Multiplying Good, feeling that it gave a better description of what they did as an organization, equipping youth and young individuals with the tools they need to have an impact in their community. Ms. Milligan provided a presentation of the Lead 360 Challenge (Exhibit #1), one of the largest national service contests in America.
Ms. Milligan announced that the Mayor chooses a top project each year, and this year's top project goes to Delaware State University Men of Color Alliance (MOCA) for the MOCA X Green Beret Project. She explained that they partnered with the Green Beret Project to mentor at risk youth in Dover to help them succeed socially, mentally, and academically. Ms. Milligan stated that MOCA will go on to compete against the other Delaware Mayor's Top Project choices and the winner will be announced at the Delaware Salute to Service.
PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2019-08 - REZONING REQUEST FOR PROPERTY LOCATED AT 878 SOUTH STATE STREET A public hearing was duly advertised for this time and place to consider the rezoning of property located at 878 South State Street, consisting of 9,600 S.F. +/-, owned by Andre M. and Jane J. Beauregard. The property is currently zoned R-8 (One-Family Residence) and the proposed zoning is C-1 (Neighborhood Commercial) (Tax Parcel: ED-05-077.17-03-51.00-000, Second Council District; Planning Reference: Z-19-04)
Mr. Neil moved that the Final Reading of Proposed Ordinance #2019-08 be acknowledged by title only, seconded by Mr. Cole and unanimously carried. (The First Reading of the ordinance was accomplished during the Council Meeting of February 25, 2019.)
Planner's Review Mr. David Hugg, Director of Planning and Community Development, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission. He noted that the Planning Commission recommended approval of the rezoning request.
Public Hearing Councilman Hare declared the public hearing open. There being no one present wishing to speak, Councilman Hare declared the hearing closed.
Mr. Neil moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Anderson and, by a unanimous roll call vote (Slavin absent), Council adopted Ordinance #2019-08, as follows: CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 5
AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 878 SOUTH STATE STREET
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, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from R-8 (One-Family Residence) to C-1 (Neighborhood Commercial).
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 have been amended by changing the zoning designation from R-8 (One-Family Residence) to C-1 (Neighborhood Commercial) on that property located at 878 South State Street (on the west side of South State Street, north of Wyoming Avenue and south of Gooden Avenue), consisting of 9,600 S.F. +/-, owned by Andre M. and Jane J. Beauregard. (Tax Parcel: ED-05-077.17-03-51.00-000; Planning Reference: Z-19-04; Second Council District)
ADOPTED: APRIL 8, 2019
COUNCIL COMMITTEE OF THE WHOLE REPORT - MARCH 26, 2019 The Council Committee of the Whole met on March 26, 2019 at 6:12 p.m. with Council President Slavin presiding. Members of Council present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Polce (departed at 6:56 p.m. and returned at 6:57 p.m.), Mr. Hare, and Mr. Lindell. Mayor Christiansen was also present. The civilian member present for their Committee meeting was Mr. Shevock (Legislative, Finance, and Administration).
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Hare presiding.
Legislative Updates Mr. Carl Luft, Executive Director, Delaware League of Local Governments (DLLG), and Mr. Lincoln Willis, Principal, The Willis Group, LLC, and League Lobbyist, provided members with an update regarding items at Legislative Hall that are on the DLLG Legislative Committee’s radar. He noted that the DLLG Legislative Committee meets at least monthly, and he sends regular updates to DLLG members, including council members and town/city managers.
Mr. Luft informed members that the Senate had just passed a bill regarding the Community College Infrastructure Fund that gives the community college bonding CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 6
authority when needed to improve their facilities. He noted that the DLLG was opposed to it at first due to property tax implications; however, that was changed through two (2) Senate substitute bills.
Mr. Luft advised that the DLLG intends to request an additional $1M in State Municipal Street Aid (MSA). He reminded members that last year the Joint Bond Bill Committee increased MSA from $5M to $6M, which returned the funding to the level it was at four (4) or five (5) years ago. Mr. Luft indicated that the DLLG would be testifying before the Joint Bond Bill Committee regarding that increase on Monday, April 1, 2019.
Mr. Luft stated that a legislator had proposed a decrease in the State portion of the real estate transfer tax. He explained that Mr. Willis had been very helpful regarding this matter and made it clear to the representative that it is extremely important that the towns and counties not even be mentioned in the same breath as the State. Mr. Luft informed members that this bill was tabled. He reminded members that there was a real issue with real estate transfer tax two (2) years ago.
Mr. Luft noted that DLLG did not take a position regarding the National Popular Vote Act.
Mr. Luft stated that there are two (2) Senate bills pertaining to fines for handicap parking spaces which they are watching. He noted that the DLLG does not currently see a problem with these bills, as long as they stick to the fines and stay away from the municipal responsibilities for anything dealing with infrastructure and parking lot changes. Mr. Luft noted that this may not greatly impact municipalities like Dover, Newark, and Wilmington that have the staff to handle these types of changes; however, for the smaller municipalities, it’s a nightmare to change parking lots.
Mr. Luft advised that the DLLG is in favor of House Bill 54, which proposes an increase in the funding source for the Delaware Criminal Justice Information System (DELJIS). He stated that it would increase fines by $2, from $1 to $3, which would go into the DELJIS fund.
Mr. Luft noted that current Senate Bill 7, which had been hanging on since last year’s session, would include the DLLG as a member of the population consortium and the DLLG was concerned when the bill was first introduced because it only pertained to municipalities with populations of 20,000 and above. He explained that the DLLG suggested that if the legislature was going to bring consistency to population figures, they should do it for all the incorporated towns. Mr. Luft stated that it was his understanding that there was an amendment to add the Sussex County Association of Towns as well, so it would now include all 57 incorporated municipalities, the counties, as well as the school districts. He informed members that the DLLG is not opposed to the bill because they feel it brings consistency to population figures to which everyone can abide. CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 7
Mr. Willis advised that last year a few municipalities passed hotel accommodations taxes. He noted that the first proposal was to pass one (1) bill to allow everyone in the state to have a hotel accommodations tax; however, leadership has requested that each municipality pass separate legislation. Mr. Willis explained that if the City is interested in establishing a hotel accommodations tax, a charter change is the route to go.
Mr. Willis stated that Senate Substitute for Senate Bill 5 is litter legislation which the DLLG Legislative Committee believes is a good bill. He indicated that municipalities are currently required to have trash receptacles and empty them regularly; however, this legislation would allow municipalities to designate certain parks as “carry in, carry out,” so they would not have to provide trash receptacles.
Mr. Willis informed members that the DLLG is not going to take a position on Senate Bill 11 pertaining to payment-in-lieu of taxes (PILOT). He explained that currently all three (3) county seats receive PILOT to provide services to agencies like the State and universities because they have so much tax-exempt property. Mr. Willis stated that the proposed legislation would include the City of Newark in the PILOT calculation, and they would receive approximately $20,000. He noted that the City of Newark is looking to get access and go from there. Mr. Willis advised the DLLG does not believe that it is necessarily a League issue but noted that Dover, Wilmington, and Georgetown should definitely keep an eye on it. Mr. Luft stated that the same bill came up last session and the DLLG issued a note to Dover, Wilmington, Georgetown, and Newark, and advised Dover, Wilmington, and Georgetown in particular to calculate whether it would have any negative impact on them. He informed members that he sent the same note to the municipalities last week and he assumes it would not have a negative impact, otherwise there would be a problem getting the bill passed. Mr. Willis noted that, from his understanding, there was a maximum amount that could be distributed and the maximum had not been reached in a while, so the legislation would allow Newark to have access to that extra money.
Mrs. Donna Mitchell, City Manager, referring to Senate Bill 11, noted that based on staff’s calculations, the City would come out favorable with the proposed legislation because they have added the assessed values for the University of Delaware (UD) and Delaware State University (DSU), which were previously exempt, into the calculation. She noted that the appropriation was also increased from $3M to $3.9M; however, at times when the State has had it tough, they have lowered the appropriation, and that’s when it would have a negative impact on all of the recipients.
Mayor Christiansen cautioned members to take a hard look at Senate Bill 11 and whether the City supports this bill, noting that he personally does not support it. He explained that, with all due respect to the City of Newark, he did not believe it was appropriate to include them in the PILOT calculation because the original intent was for the county seats. Mayor Christiansen stated that benefits the City of Newark CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 8
receives from UD and the money they receive are much greater than what the City of Dover receives.
Mr. Polce suggested that this would be an advantageous time to engage Senator Sokola, the sponsor of Senate Bill 11, as well as other members of the Senate and the House in conversations regarding the specific funding formula. He noted that anyone who has experience with PILOT generally understands that the City of Wilmington greatly benefits from it, while Georgetown and Dover continue to get the short stick.
Mr. Polce noted that he thought it was very important for the City to work with the DLLG on the Complete Count 2020, explaining that the total census count is directly related to the amount of money received from federal appropriations. He stated that he thought members should work to mobilize a real grassroots effort because the more people counted, the more money the City will receive from the federal government, which is the only way that the City will be able to continue to meet increased demand for services.
Responding to Mr. Anderson, Mr. Willis stated that he could provide the bills that were generated from the charter changes for the three (3) municipalities in regard to hotel accommodations taxes.
Mr. Anderson stated that he was in favor of Senate Bill 11, explaining that he thought including Newark in the PILOT calculation would be beneficial to the City in the long-run because it would provide more of a constituency for redoing the formula in the future if there are more legislators affected. He noted that the City has more tax-exempt property than the City of Wilmington; however, based on the current formula the City only gets a fraction of the money. He indicated that he thought that bringing DSU into the calculation might be part of the long-term solution.
Mr. Neil stated that one of the reasons PILOT is so important to the City is because, as the capital, Dover draws a lot of 501(c)(3) organizations, and many of the buildings are colleges and schools, and none of these entities pay taxes. He noted that the City previously discussed a PILOT formula; however, the nonprofit entities were resistant. Mr. Neil stated that he thought it was important for the City to pursue the hotel accommodations tax, noting that with events like Firefly and NASCAR, the City continues to miss out on revenue opportunities.
Mr. Sudler asked why nonprofit organizations are not taxed or do not have to pay a fee for property, and whether there is any proposed legislation in regard to changing the statute that prohibits taxing nonprofits or charging them a fee for property. In response, Mr. Willis stated that, to his knowledge, nonprofit exemptions began decades ago and he had not heard any discussion regarding getting rid of those. He noted that the only thing he heard recently was that the City of Dover had some considerations for a PILOT. Responding to Mr. Sudler, Mr. Willis stated that PILOT is not mandatory, that it is just a friendly gesture. CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 9
Mr. Hare informed members that he had discussed the PILOT formula with many different senators throughout the years. He stated that Dover does not currently get a proportionate amount of the funding based on the amount of tax-exempt State property, so he does not think including Newark in the PILOT calculation would be beneficial for the City.
Update - Small Cell Wireless Ordinance Mr. Dave Hugg, Director of Planning and Community Development, reminded members that the City engaged the services of Cohen Law Group to assist with drafting an ordinance pertaining to wireless communications facilities and provided members with an update regarding the draft ordinance. Referring to line 11 of the draft ordinance, he reviewed the purpose and explained that the City is trying to proactively recognize and encourage new technology, while also ensuring that the City doesn’t end up with antennas everywhere.
Mr. Hugg informed members that this issue had been divided into several parts. He stated that this proposed ordinance focused on the use of City-owned facilities in City rights-of-way, and the other questions would be addressed in a companion ordinance. Mr. Hugg noted that staff wanted to make the process as administratively easy as possible, and to keep the Planning Commission, Board of Adjustment, and Mayor and Council out of the process completely, so the structures will go through the same process as a building permit and it will only need to go before an additional body if there is an appeal or some type of issue.
Mr. Jim Robinson, Electric Director, agreed with Mr. Hugg that the City is trying to make the process as simple as possible for the applicants, and since the Electric Department already has 17,000 poles in its service territory, the City is anxious to continue to utilize those facilities for these types of new devices. He explained, however, that this may not be feasible for situations where there are a lot of underground facilities already in place or in areas with very ornamental light poles, so it is taking some time to ensure that all of these variables are captured. Mr. Robinson informed members that staff has been working with two (2) major carriers and has been able to exchange valuable information with them to help facilitate the process. He noted that due to the evolving nature of the technology, it is going to take some time to try to develop a standard set of devices that everyone can expect to see in the City. Mr. Robinson stated that they must also take into account safety and reliability concerns when it comes to third party entities installing equipment on the City’s electric poles, especially those with primary circuits.
Mr. Polce stated that this topic is a passion and concern of his and, although he is not pleased with the pace at which the City is moving, he understands due diligence and how difficult it is to write legislation of this nature and make sure everyone comes to a full consensus. Referring to line 230, he expressed concern with setting a precedent seeking reimbursement for rights-of-way (ROW) use, and requested that staff seek the opinion of the attorney regarding this matter. Mr. Polce also stated that he was concerned that the draft ordinance did not clearly define the 60-day timetable CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 10
for standing structures already in place and 90-day timetable for new structures as outlined by the Federal Communications Commission (FCC). He noted that he did not see a fee structure in the proposed ordinance either. Mr. Polce advised that the City should clearly outline the fee structure within the ordinance, explaining that this topic had caused contentious debate across the state and nation. He stated that he thought that the City needed to be fair, reasonable, open and transparent. Mr. Polce suggested that staff also look at how the City can leverage the intellectual property that these telecom providers bring, and how to leverage them to make the City a better place.
In response to Mr. Polce, Mr. Hugg stated that staff had not done a lot of work on the fee structure, explaining that there are federal guidelines regarding the fee calculations. He indicated that staff was looking at using the City’s existing fees for certificates for zoning compliance and building permits. Mr. Hugg advised that staff is working diligently to create an ordinance that is administratively simple to implement and leverages the economic development value in having the highest quality infrastructure possible.
Mr. Polce suggested that the City might want to partner with the companies in setting the initial fee, and to ensure the longevity and proactive upgrading of greater technology, that staff be mindful of what a recurring fee might look like and how to incentivize companies to become partners with the City.
Responding to Mr. Neil, Mr. Robinson stated that most of the attachment discussion is really referring to the City’s existing wooden utility poles because street lights with existing infrastructure would be a challenge. He noted that he was looking forward to working with the different carriers to find a unique solution to maintain the integrity of the City’s structures while also providing an opportunity to for the placement of equipment in prime locations like the downtown area.
Proposed Ordinance #2019-09 - 2018-2019 Budget Ordinance - Second Amendment Mrs. Donna Mitchell, City Manager, reviewed Proposed Ordinance #2019-09 - 2018-2019 Budget Ordinances - Second Amendment, explaining that it incorporates the FY19 Beginning Budget Balances as presented in the City’s Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ending June 30, 2018 and restates the Capital Project budgets for the ongoing project funds that were included in the first budget amendment adopted on January 14, 2019. She advised that the amendment also includes a transfer of $2M to the Electric Rate Stabilization Reserve as a result of budget favorability in power supply and generation expenses.
Staff recommended approval of the second budget amendment and adoption of Ordinance #2019-09.
The Committee recommended approval of staff’s recommendation. CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 11
By consent agenda, Mr. Neil moved for approval of the second budget amendment and adoption of Ordinance #2019-09. The motion was seconded by Mr. Lindell and carried by a unanimous roll call vote (Slavin absent).
Proposed Amendments to Employee Handbook (Personnel Policy) - Article VII - Ethical Conduct, Section 6 - Discrimination and Harassment Mrs. Donna Mitchell, City Manager, reviewed proposed amendments to the Employee Handbook (Personnel Policy) - Article VII - Ethical Conduct, Section 6 - Discrimination and Harassment. She advised members that a recent personnel matter prompted City staff to engage a labor attorney to review the Personnel Policy regarding discrimination and harassment and, on the advice of Mr. Tim Holly of Connolly Gallagher LLP, the proposed amendments will improve clarity.
Staff recommended approval of the proposed amendments.
Responding to Mr. Sudler, Mrs. Mitchell explained that the proposed policy clearly expresses that the harassment and discrimination laws are for protected classes of employees, not just for general complaints of incivility.
The Committee recommended approval of the proposed amendments to the Employee Handbook (Personnel Policy) - Article VII - Ethical Conduct, Section 6 - Discrimination and Harassment, as recommended by staff.
By consent agenda, Mr. Neil moved for approval of the Committee's recommendation, seconded by Mr. Lindell and carried by a unanimous roll call vote (Slavin absent).
By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Mr. Lindell and carried by a unanimous roll call vote (Slavin absent).
MONTHLY REPORTS - FEBRUARY 2019 By motion of Mr. Neil, seconded by Mr. Lindell, the following monthly reports were accepted by consent agenda:
City Assessor's Report City Council’s Community Enhancement Fund Report City Manager's Report City Planner's Report Fire Chief's Report Police Chief's Report
PROPOSED RESOLUTION NO. 2019-05 APPOINTING THE DOWNTOWN DEVELOPMENT DISTRICT ADMINISTRATOR Mr. David Hugg, Director of Planning and Community Development, advised that the State of Delaware requires all of the Downtown Development District designees to identify a program administrator who will be the primary contact for the program. CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 12
By motion of Mr. Anderson, seconded by Mr. Sudler, Resolution No. 2019-05 was unanimously amended by adding “or his or her designee.”
By motion of Mr. Anderson, seconded by Mr. Sudler, Resolution No. 2019-05 was unanimously adopted, as follows:
A RESOLUTION APPOINTING THE DOWNTOWN DEVELOPMENT DISTRICT ADMINISTRATOR
WHEREAS, the City of Dover is designated as a Downtown Development District; and
WHEREAS, it is a requirement of the Downtown Development District Program that the City appoint a District Administrator who shall be the chief point of contact for the District and will be responsible for all tasks involved in implementing the District, as well as record keeping and reporting that are required by the program.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET:
1. That the City of Dover appoints the City Planner, or his or her designee, to be the District Administrator (the "Administrator") as the chief point of contact responsible for managing the Downtown Development District program.
2. That the City of Dover shall adhere to the District Plan and the Local Incentives contained in the Application for the duration of the District designation.
3. That the Administrator is authorized to execute such documents and enter into such agreements as may be necessary or desirable in connection with the Downtown Development District program and the rights and obligations of the City of Dover thereunder.
4. That the Administrator is authorized to carry out all District administrative and reporting requirements on behalf of the City of Dover for the duration of the District.
5. That the effective date of this Resolution shall be the 9th day of April 2019 at 12:01 a.m.
ADOPTED: APRIL 8, 2019
FIRST READING - PROPOSED ORDINANCE #2019-09 Councilman Hare reminded the public that copies of the proposed ordinance were available at the entrance of the Council Chambers, on the City's website at www.cityofdover.com under "Government," or by contacting the City Clerk's Office at 736-7008 or [email protected]. Final action by Council on the proposed ordinance will take place during the Council Meeting of April 22, 2019.
In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the proposed Ordinance as read by the City Clerk, by title only, as follows: CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 13
ORDINANCE #2019-09 - 2018-2019 BUDGET ORDINANCE - SECOND AMENDMENT
CITY MANAGER'S ANNOUNCEMENTS Mrs. Donna Mitchell, City Manager, made the following announcements:
FY18 Street and Alley Program - The Hope Street, Mockingbird Avenue, New Street, Buttner Place, Reese Street, Bertrand Street, and Blue Hen Boulevard concrete is complete. Paving is complete on Hope Street, Mockingbird Avenue, New Street, Buttner Place, and Reed Street and paving is underway on Bertrand Street.
Lakewood Place Water Main Replacement - Construction is active and the water main has been installed. Service connections should be complete the week of April 8, 2019.
Sanitation and Streets - Spring Clean Up is April 1st to April 12th.
Water and Wastewater Water Treatment Production - Crews are doing the water system flushing through April 12th.
Friends of the Library - Mrs. Mitchell thanked the Friends of the Library for providing $15,000 to replace the audio visual equipment in the main room at the library, and for their efforts and dedication to the Dover Library.
Mr. Sudler thanked Mrs. Mitchell for the hard work that they are doing in the Fourth District and throughout the City of Dover.
COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Anderson reminded everyone that the Capital School District was holding a referendum from 7:00 a.m. to 8:00 p.m. the following day at William Henry Middle School, Town Point Elementary, South Dover Elementary, and Hartly Elementary. He advised that voters must 18 years old, a U.S. citizen, and a resident of the district. Mr. Anderson stated that being registered to vote was not required. He encouraged everyone who had an informed opinion to exercise their civic duty, whatever that is, however they view it.
Mr. Anderson also invited anyone so inclined to a Tax Day freedom rally in front of City Hall on Monday, April 15th from 4:00 p.m. to 6:00 p.m.
Mr. Anderson moved for adjournment, seconded by Mr. Cole and unanimously carried.
Meeting adjourned at 8:09 p.m.
TRACI A. McDOWELL CITY CLERK CITY COUNCIL MEETING OF APRIL 8, 2019 PAGE 14
All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of April 8, 2019, are hereby approved.
ROBIN R. CHRISTIANSEN MAYOR
/TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2019\04-08-2019 Council Minutes.wpd
Exhibits Exhibit #1 - Presentation - LEAD 360 Challenge EXHIBIT #1 Regular Council Meeting of 04/08/2019
City of Dover Awards Ceremony
April 8th, 2019
MULTIPLYING GOOD THE POWER OF SERVICE TO OTHERS ~ JEFFERSON AWARDS MULTIPLYING GOOD ~
THE POWER OF SERVICE TO OTHERS We believe individuals are transformed through service to others. Applying service as a tool for personal growth, we help people discover their ability to bring about positive change, deliver the skills they need to do it well, and, by validating their impact, inspire them to do more. We've proven this continuum of activation, training, and recognition generates ripples of good. • • • ❖
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❖ This year we had 7 mayors in Delaware commit to host and promote LEAD360 in their communities. City of Dover: Mayor Robin Christiansen Town of Georgetown: Mayor Bill West City of Lewes: Mayor Ted Becker City of Milford : Mayor Archie Campbell City of Newark: Mayor Polly Sierer City of Seaford: Mayor David Genshaw City of Wilmington: Mayor Mike Purzycki • State of Delaware Phase 2 Buckets of Love Results
30 Activations 3,376 Buckets of Love
$33,760 value Thank you to everyone who participated in activating Buckets of Love!
4-H Foundation DE SIA Fall Leadership Conference Newark High School JDG All Saints Episcopal Church Delaware State University Oberod Bank of America (Newark) Duffield Associates (Dover) MOT Charter K-8 Academy Bank of America (Wilmington) Duffield Associates (Wilmington) Sammi Mitchell Barclays H.B. DuPont Middle School Seaford Middle School Belfint, Lyons & Shuman, CPAs Jobs for DE Graduates Staff Smyrna High School JDG Buccini Pollin Group Journey Church Multiplying Good Interns Charter School of Wilmington SGO Milford Central Academy JDG Sussex Tech High School City of Wilmington Multiplying Good Advisory Board Western Sussex Boys & Girls Club DAEOP New Castle County PAL Wilson Elementary School Congratulations
Buckets of Love -p. .... l ' "' Activation Winners!
Charter School of Wilmington Sammi Mitchell & MOT Charter Bank of America Student Government
807 Buckets of Love = 647 Buckets of Love= 325 Buckets of Love = $8,070 Financial Value $6,470 Financial Value $3,250 Financial Value Dover Phase 1 Results
21 Projects 5,416 Volunteers 5,308 Volunteer Hours 11,417 Lives Impacted Over s135K of Financial Impact in Dover Central Middle School Jobs for Delaware Graduates Thanksgiving Food Drive Dover High School Students ELL Ell's Items for Local Women's Shelter
DOVER Early College High School Hornets in Action Hoops for Hurricanes, Walk Out Against Gun Violence, Shepherd's Place Easter Egg Hunt, No Shave Novell1ber Contest Fundraiser
Early College Higti School@ DelawareState University Enzo Vincent Enzo's Pajama Drive Girl Scout of the Chesapeake Bay Azure Clothing Collection Girl Scout of the Chesapeake Bay Eryne Addiction Artistically: Capturing and Presenting the Epidemic Girl Scout of the Chesapeake Bay Georgia Make the Shelter a Better Place Girl Scouts of the Chesapeake Bay Troop #1110 Donations for First State Animal Shelter and SPCA Girl Scouts of the Chesapeake Ba}' Troop #1162 Brightened Patio at the Delaware Hospital for the Chronically Ill Girl Scouts of the Chesapeake Ba}' Troop #379 Activities for Hospitalized Children Girl Scouts of the Chesapeake Bay Troop #547 The Crayon Initiative Girl Scouts of the Chesapeake Bay Troop #565 Bookbags for the Homeless Girl Scouts of the Chesapeake Bay Troop #829 Craft's at Silver Lake Center Nursing Home Girl Scouts of the Chesapeake Bay Julia and Dominique Increased Mobility for Children with Disabilities Jalen Johnston Thanksgiving for All
Early College Higti School@DelawareState University Positive Outcomes Charter School Jobs for Delaware Graduates Turkey Drive Help POCS Reagan and Payton Garnsey Buckets of Love Mayor's Top Project: Delaware State University MOCA Students MOCA X Green Beret Project State of Delaware Phase 1 Results
175 Projects 38,713 Volunteers 155,037 Volunteer Hours 164,660 Lives Impacted Over $3.9M Financial Impact The 2019 Delaware Top Project will be announced at Delaware Salute to Service.
Throughout 2019 we will track the collective impact of this project across the state of Delaware.
We invite individuals, organizations, schools, companies, and communities to participate in LEAD360 through our new project when it is announced. ]efferson Awards will be given to those who make the biggest impact in Delaware. City of Dover Awards Ceremony
Thank you to all of our participants, families, parents and Mayor Christiansen for supporting youth service.
MULTIPLYING GOOD THE POWER OF SERVICE TO OTHERS ~ CERTIFICATE OF CONGRATULATIONS
WHEREAS, in 1881, almost 40 years before women's suffrage became a reality in the United States, the American Association of University Women (AA UW) was founded. The AA UW Dover Branch was founded in 1939 by Dover native and first President, Cornelia Jones, who spent 40 years as an educator and ended her career as Registrar and Librarian at Dover's Wesley College; and
WHEREAS, the AA UW Dover Branch currently has 65 members including current and retired educators, artists, elected officials, attorneys, and business women from Central Delaware with a mission to advance equity for women and girls through advocacy, education, philanthropy and research. Over the years they have awarded more than $100,000 in scholarships to graduating seniors in Kent County with funds raised; and
WHEREAS, since its inception, the AA UW Dover Branch has participated in multiple community affairs and was influential in founding Walking Tours of Old Dover, the Children 's Theater, and Concerts on the Green. The Branch has also been an advocate for human right 's issues, public kindergarten and counselors in elementary schools.
NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELA WARE do hereby present this Certificate of Congratulations to American Association of University Women Dover Branch in celebration of their 80th Anniversary. We applaud your efforts and dedication to achieve equity for women and girls in Dover and the surrounding community by working together to build bridges and close gaps.
April 22, 2019
Robin R. Christiansen Timothy A. Slavin Mayor Council President Devine, Denise
Subject: Request to Postpone Annexation AX-19-01 Fw: Planning Commission Agenda, Final DAC Report AX-19-01 Lands of NewWind Properties 2920 LLC
From: Windham
I concur with the request to postpone. Thanks, Troy W. Windham
From: Devine, Denise [mailto:[email protected]] Sent: Wednesday, April 10, 2019 1:51 PM To: 'Windham' Cc: City Clerks Office; Diaz, Eddie; Melson-Williams, Dawn; [email protected] Subject: RE: Request to Postpone Annexation AX-19-01 Fw: Planning Commission Agenda, Final DAC Report AX-19-01 Lands of NewWind Properties 2920 LLC
Mr. Windham:
We are in receipt of the attached request to postpone consideration of your application for annexation/rezoning of property located at 2920 North DuPont Highway until May 28, 2019. As the owner of record for the property, will you please confirm your concurrence with this request to postpone?
Thank you, Denise L. Devine, MMC Assistant City Clerk City of Dover e-mail: [email protected] (302) 736-7008 phone (302) 736-5068 fax
1 From: Melson -Wi ll iams. Dawn To: McDowell. Traci; Hugg. Dave Cc: Citv Clerks Office Subject: Request to Defer Annexation AX-19-01 from 4-22-19 CC Meeting Date: Friday, March 29, 2019 9: 17:06 AM Attachments: Anne xxation Letter 32819 .pdf
Traci & City Clerk's Office:
The Planning Office just received this Letter requesting that Annexation/Rezoning Application AX-19- 01 Lands of NewWind Properties LLC at 2920 North DuPont Highway be postponed from the April 22, 2019 City Council Meeting to the Meeting of May 28, 2019. (Resolution #2019-03 and Ordinance #2019-01}. This Application was previously postponed from consideration at the March 11, 2019 Council Meeting to the April 22, 2019 Meeting. Once formal postponement occurs the Planning Office will work to ensure appropriate public notice is completed for the new hearing date.
VawvvMe4o-vv-W~ AICP Principal Planner City of Dover, Delaware Department of Planning & Inspections (302) 736-7196 phone (302} 736-4217 fa x [email protected] .u s 3/28 9
To Dawn M son City of D ver Dawn, Dept of anning 15 Looc rman Plaza Dover. D 1aware 19901 Re : 2920 N. DuPont Highway
As we have previously discussed, we request City Council defer action on our request for annexation at their April 22 , 2019 meeting. We should be ready for consideration at the Council's May 28, 2019 meeting.
We still have not received the final decision from DNREC for our well issues. It is our intent to proceed with the annexation process upon a positive response from DNREC.
Thank you for your consideration in this matter.
Sincerely,
Steve McGee Construction Manager [email protected] Ce ll 410-430-1549
Fra chise Management Services, Inc. ~DUNKI • ~'DONUTS Tel 410 520-0176 9919 Golf Course Road AMERICA RUNS 0 DUNKIN ' Fax 41 -520-0199 Ocean City, Maryland 21842
PETITION TO ANNEX AND REZONE PROPERTY Public Hearing Before the City Council on March 11, 2019 Recommendation from Planning Commission Meeting of February 19, 2019 with Staff and Development Advisory Committee Review
File Number: AX-19-01
Ordinance Number: 2019-01
Applicants: New Wind Properties 2920 LLC Franchise Management Services, Inc.
Owner of Record: New Wind Properties 2920 LLC
Property Address: 2920 North DuPont Highway, Dover DE
Tax Parcel ID #: ED-00-057.02-01-08.00-000
Lot Size: 0.57 acres
Present Zoning: BG (General Business Zone)
Proposed Zoning: C-4 (Highway Commercial Zone)
Comprehensive Plan Category 1: High Priority Annexation Areas Designation:
Comprehensive Plan Commercial Land Use Designation:
Present Use: Vacant Commercial Building
Proposed Use: Restaurant with drive-thru (Dunkin’ Donuts per proposed redevelopment plan submitted to Kent County)
Utility Availability: Electric: 2920 North Dupont Highway is currently served by City of Dover Electric.
Water and Sanitary Sewer: 2920 North DuPont Highway is not currently served by City of Dover Water or Sanitary Sewer. Currently, the property is served by an on-site well and septic system. Water and Sanitary Sewer are only available on the opposite side of Route 13, this property is situated on the eastern
AX-19-01 Lands of NewWind Properties 2920 LLC at 2920 N. DuPont Highway Planning Commission Recommendation Report of February 19, 2019 Page 2 of 7
side of the road. Staff has discussed the utility situation with the Applicant. The developer understands that they will have to obtain DelDOT / City of Dover approval to connect the sanitary sewer on the opposite side of Route 13. This is critical as utility crossings of Route 13 are strongly discouraged by DelDOT and only approved with special approval by District Public Works. The City will allow the property to continue to operate the existing well until it fails, at that point, they will be required to connect to the City’s water distribution system. The property owner would be responsible for the costs associated with tapping the sanitary sewer and/or water mains, extending services to the property, payment of impact fees, and obtaining permits. Planning Commission Recommendation: Following a public hearing on February 19, 2019, where no members of the public spoke regarding the proposed annexation and rezoning, the Planning Commission voted in favor of the annexation with the proposed C-4 zoning with eight (8) votes in favor and no votes in opposition (one member absent).
Summary This application is for the Annexation and Rezoning of the property at 2920 N. DuPont Highway, Dover. It is a parcel of land totaling 0.57 acres +/- (25,000 SF). The owner of record is NewWind Properties 2920 LLC. Tax Parcel: ED-00-057.02-01-08.00-000.
Existing Property The property is located on the east side of North DuPont Highway and adjacent to the north side of Maxwell Street. The boundary of the City of Dover is currently across North DuPont Highway. This annexation will include the adjoining right-of-way of North DuPont Highway equal to the property’s frontage width to connect the property to the existing City boundary on the west side of North DuPont Highway. The property includes an existing one story building likely constructed originally as a gasoline service station. The property is currently zoned BG (General Business District) in Kent County. The building most recently was utilized as offices; however, it is currently vacant. A potential new occupant of the building has been working through the site/building renovation process in Kent County to establish a new use of the building as a drive-thru restaurant (Dunkin’ Donuts). There is a designated exit onto Route 13 and entrance/exit to Maxwell Street. There is part of a sidewalk system along the highway frontage.
Surrounding Land Uses Immediately surrounding uses on this east side of North DuPont Highway (Route 13) include other commercial businesses such as offices, service establishments, and retail establishments. To the east of the parcels fronting Route 13, is a residential area consisting of single family dwellings and a mobile home/manufactured home park. These properties are in Kent County. On this east side of Route 13, the closest properties within the City limits are as follows: to the
AX-19-01 Lands of NewWind Properties 2920 LLC at 2920 N. DuPont Highway Planning Commission Recommendation Report of February 19, 2019 Page 3 of 7 south the WAWA at the intersection with Rustic Lane and to the north are the property at 3074 N. DuPont Highway (Annexed in 2018) and the campus of Wilmington University. The west side of Route 13 is within the City of Dover boundaries and includes the Dover Town Center with multiple retailers, the Outback Restaurant, the Bob Evans Restaurant, a hotel, and the Delaware State University Learning & Living Commons facility.
Comprehensive Plan In the 2008 Comprehensive Plan (as amended), the Potential Annexation Areas (Map 13 -1) identifies the property in the Category 1: High Priority Annexation Areas. The Growth and Annexation Plan Chapter (Chapter 13) notes that “Lands in this category are primarily enclaves of unincorporated territory mostly surrounded by the City of Dover. In all or most of these cases, the City provides these parcels with one or more essential service (sewer, water, police, fire, trash).” For Category 1: High Priority Annexation Areas, it notes in the Recommendation that “the City will not extend sewer and/or water infrastructure to Category 1 areas unless the property owners annex into the City” with consideration given for issues of health, safety and welfare. The Comprehensive Plan also sets the review criteria for the review of zoning for parcels being proposed for annexation. Chapter 13, pages 170-171 note that the Zoning Review may include:
• Proposed zoning be in compliance with the land use category shown on Map 13-2 and used in conjunction with Table 12-1: Land Use and Zoning Matrix; • Character and compatibility of the surrounding land uses and properties; • The street type and capacity serving the property; • Environmental concerns and conditions that may influence land use and zoning; • Market concerns and conditions; • The compatibility with the overall goals of the Comprehensive Plan.
Map 13-2: Potential Land Use for Annexation Areas identifies the Land Use for this property to be Commercial. The Land Development Plan Chapter (Chapter 12) makes the following recommendation for Commercial Land Use in this Route 13 area of the City: US Route 13/113 Corridor The US Route 13/113 corridor is dominated by highway commercial development. For the most part, the Comprehensive Land Development Plan proposes to continue US Route 13/113 as the major commercial corridor in Central Delaware.
Few vacant developable parcels exist within this area. However, potential exists for the redevelopment of older retail stores and strip shopping centers. The Comprehensive Plan encourages the renovation and adaptive reuse of older structures within the highway corridor as means of restoring property value, preventing blight and demolition by neglect, and enhancing the overall image of the highway environment. In some cases the demolition of older structures may be beneficial, and should be supported, to enable redevelopment to occur within the corridor.
As part of the Land Development Plan, Table 12-1: Land Use and Zoning Matrix specifies that the following zones are compatible with this land use classification of Commercial.
C-1 (Neighborhood Commercial) C-1A (Limited Commercial)
AX-19-01 Lands of NewWind Properties 2920 LLC at 2920 N. DuPont Highway Planning Commission Recommendation Report of February 19, 2019 Page 4 of 7
C-2 (Central Commercial) C-2A (Limited Central Commercial) C-3 (Service Commercial) C-4 (Highway Commercial) SC-1 (Shopping Center Commercial) SC-2 (Shopping Center Commercial) SC-3 (Shopping Center Commercial) RC (Recreational and Commercial) RGO (General Residence and Office) CPO (Commercial/Professional Office) IO (Institutional and Office)
Request for C-4 (Highway Commercial Zone) The applicant has requested the zoning of C-4 (Highway Commercial Zone). The types of permitted uses in the C-4 (Highway Commercial Zone) are given in Article 3 §16 of the Zoning Ordinance. See the following Code excerpt:
Article 3, Section 16. - Highway commercial zone (C-4).
16.1 Uses permitted. In a highway commercial zone (C-4), no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any purpose, except the following:
(a) Retail stores. (b) Business, professional or governmental offices. (c) Restaurants. (d) Personal service establishments. (e) Service establishments. (f) Hotels and motels. (g) Places of public assembly. (h) Bus terminal. (i) Wholesale, storage, warehousing, and distribution establishments. (j) Indoor or outdoor recreation and amusement establishments. (k) Hospitals and medical centers. (l) Drive-throughs. (m) Motor vehicle, boat, or farm equipment sales or service: (1) The minimum lot size for such establishments shall be 20,000 square feet, and the minimum street frontage shall be 150 feet. (2) Entrance and exit driveways shall have an unrestricted width of not less than 16 feet, shall be located not nearer than ten feet from any property line and shall be so laid out as to avoid the necessity of any vehicle leaving the property to back out across any public right-of-way or portion thereof. (3) Vehicle lifts or pits, dismantled and disabled automobiles, and all parts or supplies shall be located within a building enclosed on all sides. (4) All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building fully enclosed on all sides. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times. (5) The storage of gasoline or flammable oils in bulk shall be located fully underground in accordance with applicable provisions of the National Fire Protection Association Code. (6) No fuel pumps shall be located nearer than 15 feet to any street line.
AX-19-01 Lands of NewWind Properties 2920 LLC at 2920 N. DuPont Highway Planning Commission Recommendation Report of February 19, 2019 Page 5 of 7
(7) Fuel pumps shall not be permitted closer than 100 feet from a property line of any school, day care, church, hospital, nursing home, or place of public assembly designed for the simultaneous use and occupancy by more than 100 persons. (n) Manufacturing, assembling, converting, altering, finishing, cleaning, or any other processing of products for sale on or off the premises, provided that not more than 25 persons shall be engaged in such activity; and provided further, that any such use shall be subject to the performance standards procedure as set forth in article 5, section 8. (o) Mini-storage facilities, subject to the following regulations: (1) No unit shall be placed within 30 feet of a residential property line. (2) No outside storage, except for recreational vehicles, boats, or personal automobiles when completely parked in specifically approved locations. Parking for these vehicles shall not count toward the required parking set forth in subsection (e) below. (3) No individual unit may be used for retail, garage sale, or any other commercial activities. (4) No storage of flammable, explosive, corrosive, or other hazardous products may occur in the individual unit. (5) Parking must be provided at a ratio of one space for each 25 rental units, plus a minimum of three spaces for an office. (p) Adult entertainment establishments, subject to the provisions stated in article 5, section 13.
16.2 Conditional uses. The following uses are permitted, conditional upon the approval of the planning commission in accordance with the procedures and subject to the general conditions set forth in article 10, section 1:
(a) Apartments and multi-family dwellings. (b) Crematory, subject to the following requirements: (1) The building lot line upon which a crematory is to be established shall be located at least 100 feet from any residential zone. (2) Where adjacent to residential zones, all landscape buffers shall be required. The buffer shall consist of a landscape screen no less than six and one-half feet high. All landscaping shall be properly maintained throughout the life of the use on lot. (3) Loading operations shall be conducted within a completely enclosed building. Location of loading doors shall be at the side or rear of the building. (4) The crematory shall comply with the Delaware Incinerator Regulations. A copy of the approved air pollution permit issued by the State of Delaware Department of Natural Resources and Environmental Control shall accompany the application for a certificate of occupancy.
16.3 Enclosed buildings. All permitted uses and all storage accessory thereto, other than offstreet parking, shall be carried on in buildings fully enclosed on all sides, except for outdoor eating areas associated with restaurants and outdoor sales areas approved by the city planner.
16.4 Performance standards. All uses are subject to performance standards as set forth in article 5, section 8.1.
16.5 Site development plan approval. Site development plan approval in accordance with article 10, section 2 hereof shall be required prior to the issuance of building permits for the erection or enlargement of all structures and prior to the issuance of certificates of occupancy for any change of use. Recommendation of Planning Staff: Staff recommends the annexation of the property at 2920 N. DuPont Highway and its rezoning to C-4 (Highway Commercial Zone) be approved as submitted. The subject property is in the City’s
AX-19-01 Lands of NewWind Properties 2920 LLC at 2920 N. DuPont Highway Planning Commission Recommendation Report of February 19, 2019 Page 6 of 7
Annexation Plan of the 2008 Comprehensive Plan as Category 1: High Priority Annexation Areas with a Land Use Designation as Commercial. The C-4 zoning is consistent with the development in the area and is consistent with the Land Use Designation of Commercial. Recommendation of Planning Commission The application was represented by Mr. Brock Parker of Parker and Associates, an engineering design firm working with the project developer. Following a public hearing on February 19, 2019, where no members of the public spoke regarding the proposed annexation and rezoning, the Planning Commission voted in favor of the annexation with the proposed R-8 zoning (One Family Residence Zone) with eight (8) votes in favor and no votes in opposition (one member absent).
The Development Advisory Committee Report and Comments on the Application were provided to the Planning Commission for consideration. The questions from the Planning Commission focused on the existing well on the property and the potential to connect to City water. See the included Excerpt of the DRAFT Meeting Minutes of the February 19, 2019 Planning Commission meeting.
Submission of Plan of Services As required by 22 Delaware Code §101, a Plan of Services has been submitted to the Office of State Planning Coordination. A copy of the Plan of Services form and Attachment List is included. A copy of the full Plan of Services submission with all attachments is on file with the Planning Office. ADVISORY COMMENTS TO THE APPLICANT 1) From the agency comments received, it appears that ability to provide City water or sanitary sewer service to this property may be challenging due to the location of existing City infrastructure in the area. The applicant has been working with the Department of Public Works, other utility providers, DNREC, and DelDOT regarding access to sanitary sewer serv ice.
2) Upon annexation into the City of Dover, the property will be subject to the provisions of the Dover Code of Ordinances. This includes procedures such as review processes for plans and permits for construction activities, the City of Dover Business Licenses, etc.
3) Prior to establishing any use or commencing with any construction on the subject property, including within the existing building, the applicant shall contact the Planning Office so that the appropriate review process can be determined and coordinated with other reviewing entities including the Fire Marshal’s Office, Public Works/Utilities, and the Chief Building Inspector.
4) The applicant shall be aware that approval of any Annexation & Rezoning application does not represent Site Development Plan or Record Plan approval. A separate Site Development Plan must be submitted and approved if development activities are proposed to establish a use on the property. A separate Record Plan must be submitted and approved if changes to existing property lines are proposed.
AX-19-01 Lands of NewWind Properties 2920 LLC at 2920 N. DuPont Highway Planning Commission Recommendation Report of February 19, 2019 Page 7 of 7
5) The applicant shall be aware that approval of any Annexation & Rezoning application does not represent a Building Permit or other construction activity permit approval. A separate application submission showing all improvements is required before issuance of permits by the City of Dover.
6) All businesses operating in the City of Dover are required to obtain a City of Dover Business Licenses from the Licensing and Permitting Division located in City Hall. Certain types of uses also require a Public Occupancy permit.
Attachments: • Zoning Map Exhibit AX-19-01 • Map Exhibit of Property • DAC Comments: Electric Department, Department of Public Works, Office of the Fire Marshal, DelDOT, and Kent Conservation District • Excerpt of Draft Minutes from February 19, 2019 Planning Commission Meeting • Municipal Annexation Plan of Services Form with Attachment List
City of Dover Application No.: AX-19-01 Department of Planning & Inspections
r D e s a h C r a d e C
C-4 Site
C-2A d lv B W C-4 K
C-4 IO RC C ra w fo rd IO C D a r up ro l on l A t v H e w n y L c ti s u R C-4
Title: Lands of NewWind Properties 2920 LLC Legend Address: 2920 North DuPont Highway Dover Boundary Parcel ID: ED-00-057.02-01-08.00-000 Proposed Zoning: C-4 (Highway Commercial Zone) Zoning Owner: New Wind Properties 2920 LLC Dover Parcels Date: 12/21/2018 Kent County Parcels Subject Property 2012 Buildings « 0 200 400 800 Feet DUNKIN DONUTS = 1,333 / 100 ft 1 SPACE PER EVERY 100 sf MIN. CODE: RESTAURANT TOTAL SPACES PROVIDED = 20 (1 HANDICAPPED) TOTAL SPACES REQUIRED = 14 MIN. PROPOSED: PERVIOUS AREA LIMIT OF DISTURBANCE PARKING SUMMARY x 50
>
ELEV=XX' ELEV=XX' x = .17 acres
SCE
W MASTER LEGEND MASTER = 4,980 sf ≈.11 +/- 2
=14
PROPOSED ROAD SIGN ROAD PROPOSED IRON PIPE FOUND PIPE IRON EXISTING ROAD SIGN ROAD EXISTING
EXISTING WELL EXISTING EXISTING INLET EXISTING PROPOSED LIGHT POLE LIGHT PROPOSED PROPOSED LANDSCAPING PROPOSED
EXISTING SPOT ELEVATION SPOT EXISTING
PROPOSED SIDEWALK PROPOSED
EXISTING ROAD CENTERLINE ROAD EXISTING EXISTING BUILDING SETBACK LINE SETBACK BUILDING EXISTING
ROAD STRIPING ROAD PROPOSED WHITE CROSSWALK / CROSSWALK WHITE PROPOSED
PAVEMENT PROPOSED STREET OVERLAY STREET PROPOSED EXISTING SIDEWALK TO BE REMOVED BE TO SIDEWALK EXISTING PROPOSED STABILIZED PROPOSED EXISTING ROAD/PARKING STRIPE ROAD/PARKING EXISTING STRIPE ROAD/PARKING EXISTING EXISTING PROPERTY LINE PROPERTY EXISTING EXISTING HIGHWAY STRIPE HIGHWAY EXISTING EXISTING PAVEMENT TO BE TO PAVEMENT EXISTING EXISTING CURB LINE TO BE REMOVED BE TO LINE CURB EXISTING ELEVATION SPOT PROPOSED RIGHT OF WAY LINE WAY OF RIGHT CONTOUR EXISTING EXISTING CENTER LINE DITCH LINE CENTER EXISTING REMOVED EXISTING PAVEMENT EXISTING SIDEWALK EXISTING LINE CURB EXISTING PROPOSED PAVEMENT PROPOSED LINE CURB PROPOSED PROPOSED FENCE LINE FENCE PROPOSED STRIPE ROAD/PARKING PROPOSED
CONSTRUCTION ENTRNACE CONSTRUCTION TO BE REMOVED BE TO
+/- ac. EX.W
>
EXISTING WATER LINE WATER EXISTING
EX.G EX.W
2-00-05702-01-0700-00001
LUMBER LIQUIDATORS >
ZONING: GENERAL
D.L. >
LUMBER LIQUIDATORS EX.10''SS
D3488/0340
BUSINESS
RETAIL CENTER
SHAHAN LLC DE STATE PLAIN NAD 83
N/F
EXISTING
EX.W
EX.G 54.69' TO EXISTING ENTRANCE EXISTING TO 54.69' EX.W
>
EX.G
EX.10''SS
PROPOSED 6' VINYL 6' PROPOSED
EX.W
EXISTING WELL EXISTING FENCE BUFFER FENCE
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EX.G R20.00' EX. T
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>
EX.G
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EX. T EX. EX.W
W
EX.UGE
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BOARD EX.R47.87'
PR.1 1/4''FM PR.1 15' PARKING SETBACK PARKING 15'
FM 15' PARKING SETBACK 38.69'
EX.SS 12.00' EX.W EX. T >
EX. T EX. EX.SS
PROPOSED PICK UP PICK PROPOSED
WINDOW EX.G
EX. T T EX.
EX.UGE 20.00' EXISTING KENT COUNTY 24" COUNTY KENT EXISTING PR.6''SS
TO BE CONVERTED TO EX.10''SS
EXISTING BUILDING
DUNKIN DONUTS EX.W
FM FORCEMAIN AT 5' DEEP 5' AT FORCEMAIN
FF=43.90 R3.00' 1,333 s.f. EX.SS R20.00'
EX. T EX. 33.25' >
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20' EASEMENT DEDICATED TO THE STATE THE TO DEDICATED EASEMENT 20' OF DELAWARE FOR PUBLIC USE PUBLIC FOR DELAWARE OF
11 EX. T
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EX.UGE 9.07'
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2-00-05702-01-0900-00001 9.00'
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SAW CUT EXISTING PAVING TO PAVING EXISTING CUT SAW
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Nick Nistazos 410-258-6993 Franchise Management Sevices, Inc. Ocean City, MD 21842 9919 Golf Course Rd ______AND SHOWN ON THIS PLAN. THE PLAN WAS MADE AT MY DIRECTION, THAT I R25.00'
DEVELOPED AS SHOWN AND IN ACCORDANCE WITH ALL APPLICABLE LAWS R3.00' IT IS HEREBY CERTIFIED THAT I AM THE OWNER OF PROPERTY DESCRIBED ACKNOWLEDGE THE SAME TO BE MY ACT. IT IS DESIRE HAVE PLAN
20.08' EX.10''SS R25.00'
FM EX.G
EX.UGE
DEVELOPERS CERTIFICATION
20.28' EX.12''SD VICINITY MAP FM
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REGULATIONS. MAXWELL STREET- LOCAL
EX.10''SS
PAVEMENT
PROPOSED 2" PROPOSED OVERLAY 25 MPH POSTED SPEED LIMIT TYPE C, PG 70-22 PG C, TYPE 60' ROW
EX.UGE EX.12''SD
SCALE: 1"=1200'
2-00-05702-01-1000-00001
WORLD TRANSMISSION
MANAGEMENT LLC
ZONING: GENERAL
T&T PROPERTY
D5474/0264 D0392/0264
BUSINESS
SITE EX.10''SS
N/F EX.12''SD DATE ENGINEERING PRACTICES AS REQUIRED BY THE APPLICABLE LAWS OF STATE Brock E. Parker P.E., R.L.S. (410) DELAWARE, THAT THE INFORMATION SHOWN HEREON HAS BEEN PREPARED UNDER email: 528 Riverside Drive Salisbury, Maryland 21801 ______MY SUPERVISION AND TO BEST KNOWLEDGE BELIEF REPRESENTS GOOD IT IS HEREBY CERTIFIED THAT I AM A REGISTERED ENGINEER IN THE STATE OF [email protected] 1. 749-1023 fax: (410) 749-1012 13. 12. 11. 10.
19. 18. 17. 16. 15. 14. 7.
12. 11. ON 3/15/2018 A VARIANCE WAS GRANTED BY THE KENT 2. 6. 5. 9. 8. 4. 3.
23. 22. 21. 20.
TO BE PURCHASED & DEVELOPED BY: GENERAL NOTES
PROPOSED IMPERVIOUS COVERAGE≈74%
PARCEL ID: 2-00-05702-01-0800-00001 LOT AREA = 25,000 sf. (0.57 acres)
LOCATED IN KENT COUNTY, DELAWARE ; GROWTH ZONE. BUSINESS ZONING SETBACK REQUIREMENTS. EXISTING BUILDING IS NON-CORNFORMING TO BG-GENERAL PLAT REFERENCE: 2794/0090 NUMBER OF PERMANENT MONUMENTS TO BE SET:3 NUMBER OF EXISTING PERMANENT MONUMENTS FOUND:1
PROPOSED USED: 1 PERMANENT STRUCTURE-RESTAURANT/ 1,333 SF EXISTING USE: 1 PERMANENT STRUCTURE- RETAIL/OFFICE ~ PRESERVATION AREAS. PARCEL IS NOT LOCATED WITHIN ANY DELAWARE WOODLAND PARCEL IS NOT LOCATED WITHIN ANY DELAWARE REGULATED MANAGEMENT AREA=0 AC
HORIZONTAL: NAD 83 DELAWARE DATUMMS: EXISTING ELEVATIONS ARE BASED ON THE FOLLOWING PROPOSED PARKING=16 SPACES EXISTING PARKING=18 SPACES EXISTING IMPERVIOUS COVERAGE≈65%
PARKING SETBACK LINE AS SHOWN ON THIS PLAN. FOR A DRIVE THRU LANE TO BE LOCATED WITHIN THE 15'
ENGINEER'S CERTIFICATION ZONING: BG - GENERAL BUSINESS (KENT COUNTY)
COFFEE SHOP ~ 1,333 SF. THE OWNER OF THE PROPERTY SHOWN HEREON IS:
COUNTY DEPARTMENT OF PLANNING SERVICES ALLOWING SITE SLOPE : 1.34%
WELL AND SEPTIC. NO PUBLIC UTILITIES AVAILABLE. WATER AND SEWER TO BE PROVIDED BY EXISTING ON-SITE TOTAL LIMIT OF DISTURBANCE = 4,781 sf ≈.11 ± AC TIDAL WETLANDS BOUNDARIES ACREAGE OF PROPERTY WITHIN STORM WATER ACREAGE OF PROPERTY WITHIN PASSIVE OPEN SPACE=0 AC AREA/OPEN SPACE=0 AC ACREAGE OF PROPERTY WITHIN ACTIVE RECREATION ACREAGE OF PROPERTY WITHIN RT.13 RIGHT OF WAY=.06 AC
ALL FIRE LANES, FIRE HYDRANTS AND FIRE DEPARTMENT VERTICAL: NAVD 88
DOVER, DE 19901 NEWWIND PROPERTIES 2920 LLC
FRANCHISE MANAGEMENT SERVICES INC
OCEAN CITY, MD 21842 9919 GOLF COURSE RD
435 S, DUPONT HWY
MAX. SLOPE FOR PARCEL:15% AVERAGE LOT AREA: NOT LISTED MAX. LOT AREA: NO RESTRICTION MIN. LOT AREA: NO RESTRICTION DELAWARE. VICINITY MAP
SCALE: 1"=400' Date SITE 0 SURVEYING ENGINEERING REVISIONS CIVIL
DATE INIT. & ESTABLISHED GRAPHIC SCALE
SHEET 1 1977 A P ANNEXATION SITE PLAN 1 inch = 20 feet
A S
S R
20 O
INC. DUNKIN DONUTS ~ MAXWELL ST. C K
Road Name: Maxwell Street
I
A 410-749-1023 E 30 MARYLAND
SALISBURY, For: Franchise Management Services T R Kent County, Delaware E PLANNING
S FORESTRY
SCALE DATE TAX MAP GRID DE STATE PLAIN NAD 83 SITE 1"=20'
7/12/2018 2.00 05702 40 JOB NO. PARCEL DWG. S2242 - DUNKIN DONUTS MAXWELL DRAFTSMAN TJS 01-0800-00001 ANNEX SITE PLAN Dec 05, 2018-12:04pm CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JANUARY 30, 2019
APPLICATION: LANDS OF NEW WIND PROPERTIES 2920 LLC AT 2920 N. DUPONT HIGHWAY FILE #: AX-19-01 REVIEWING AGENCY: City of Dover Electric and Public Works Departments CONTACT PERSON: Paul Waddell - Electric Jason A. Lyon, P.E. – Public Works
CONTACT PHONE #: Electric - 302-736-7070 Public Works – 302-736-7025
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY AND STATE CODE REQUIREMENTS ELECTRIC / STORMWATER / SANITATION / STREETS / GROUNDS 1. Our office has no objections to the proposed annexation of tax parcel ED-00-057.02-01-08.00-000. WATER / WASTEWATER 1. Our office has no objections to the proposed annexation of tax parcel ED-00-057.02-01-08.00-000. The City of Dover Department of Public Works does not allow dog house manhole connections per our Water / Wastewater Handbook; therefore a drop connection will be required if the lateral is connected to a manhole. If the manhole is five foot (5') diameter, the drop can be inside, if the manhole is four foot (4') diameter, the drop must be outside. If the connection is not to a manhole, it must be connected to the main through a wye connection. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS 1. None ADVISORY COMMENTS TO THE APPLICANT ELECTRIC / WATER / WASTEWATER 1. As per the Petition to Annex and Rezone Property, as heard by the Council Committee of the Whole, January 29, 2019, please find the following: a. 2920 North Dupont Highway is located on the east side of Route 13 and is currently served by City of Dover Electric. It is not served by City of Dover Water or Sanitary Sewer. Currently, the property is served by an on-site well and septic system. Water and Sanitary Sewer are only available on the opposite side of Route 13, this property is situated on the eastern side of the road. Staff has discussed the utility situation with the Applicant. The developer understands that they will have to obtain DelDOT / City of Dover approval to connect the sanitary sewer on the opposite side of Route 13. This is critical as utility crossings of Route 13 are strongly discouraged by DelDOT and only approved with special approval by District Public Works. The City will allow the property to continue to operate the existing well until it fails, at that point, they will be required to connect to the City’s water distribution system. The property owner would be responsible for the costs associated with tapping the sanitary sewer and/or water mains, extending services to the property, payment of impact fees, and obtaining permits. The Developer will need to obtain necessary approvals from DelDOT and DNREC prior to construction. The Office of Drinking Water will Lands of New Wind Properties 2920 LLC at 2920 North DuPont Highway File #: AX-19-01 January 30, 2019 Page 2 of 2
need to approve the use of the well, and the applicant will need to abide by any Federal, State and Local laws for water quality.
SANITATION 1. Every commercial customer shall provide such premises with a sufficient number of solid waste containers to provide adequate capacity for the solid waste placed out for collection without overloading the capacity of the containers. The City of Dover shall provide commercial customers with a maximum of two (2), 90-gallon trash containers and two (2) 90-gallon recycling containers. 2. Any commercial customer requiring more containers, or larger containers, than provided above, must utilize private service. If front loading solid waste removal is required, the customer shall utilize private service. STORMWATER / STREETS / GROUNDS
1. None.
IF YOU HAVE ANY QUESTIONS OR NEED TO DISCUSS ANY OF THE ABOVE COMMENTS, PLEASE CALL THE ABOVE CONTACT PERSON AND THE PLANNING DEPARTMENT AS SOON AS POSSIBLE. C F AX-19-01 I I T R CITY OF DOVER Y E
DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R
D.A.C. MEETING DATE: 01/30/19 D S O H V A
APPLICATION: Lands of New Wind Properties 2920 LLC at 2920 N DuPont Hwy E L R FILE #: AX-19-01 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal
CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT:
CITY AND STATE CODE REQUIREMENTS: 1. This is an annexation and rezoning request. This office has no objections to the annexation and rezoning. The current building is vacant and would need to be registered as such with the City of Dover Code Enforcement Office. Building permits/plans submission to the Chief Building Inspector would be required.
ADDITIONAL / SPECIFIC REQUIREMENTS AFTER ANNEXATION AND REZONING: The following comments are being provided in reference to the proposed restaurant:
1. Proposed building is restaurant.
2. Building Access shall be no further than 50 feet from a primary entrance Where buildings are provided with an automatic sprinkler system installed in accordance with NFPA 13, access shall be no further than 100 feet from the primary entrance. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3)
3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times the width of the door(s) or for 10 feet, whichever is greater. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2)
4. Perimeter access shall be TBD (additional information needed, type of occupancy) and clearly shown on the plans. Perimeter Access minimum width shall be 15 feet measured from the face of the building at grade with a maximum slope of ten percent (10%). Plantings and utility services (includes condenser units, transformers, etc.) shall be permitted within the perimeter access, and shall not interfere with emergency services fire ground operations.
If a physical barrier (fence, pond, steep slope, etc) prevents access, that portion of the building perimeter shall not be included in the calculation of Percent of Perimeter Access. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3)
5. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process.
6. Fire Alarm System required per occupancy code requirements (additional information needed (occupant load) to determine if this is required).
Fire alarm in place of assembly. Fire alarm required. Any new occupancy or new portion of an occupancy determined to be a place of assembly by the fire marshal, and is capable of receiving an occupant load of 75 persons or greater, shall be required to install a fire alarm in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code.
Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined to be a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent of the assessed value of the building and is capable of receiving an occupant load 75 persons or greater or is being enlarged to receive an occupant load of 75 persons or greater, shall be required to install a complete fire alarm system in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code.
Public mode audible requirements. To ensure that audible public mode signals are clearly heard by occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average ambient sound level or five decibels (dB) above the maximum sound level having a duration of at least 60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area required to be served by the system using the A-weighted scale dBA. In the event the stated requirement cannot be met a shunt trip relay/switches shall be the approved method of meeting the intent of this section of the Code. (City Code of Ordinances 46-171)
7. Sprinkler system required (additional information needed to determine if this is required). System is to be monitored by an approved Fire Alarm System.
This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions which are modified by more than 50% after the effective date of these Regulations. The 50% figure shall be calculated utilizing the gross square footage of the building, structure, marine vessel, premises and conditions as to arrive at the correct application. Any proposal that is presented to the Office of the State Fire Marshal for review and approval for a building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross square footage of a non-sprinklered building, may not have another such project for the same building submitted for review and approval any sooner than three (3) years after the date of the final inspection unless sprinkler projection is provided throughout the entire building. In all buildings exceeding 10,000 square feet of aggregate, gross floor area. In all buildings in excess of 40 feet in height or more than four (4) stories in height. In all buildings or areas thereof used for the storage, fabricating, assembling, manufacturing, processing, display or sale of combustible goods, wares, merchandise, products, or materials when more than two (2) stories or 25 feet in height. In all basement areas exceeding 2,500 square feet floor area. In residential occupancies when of: Type V (0,0,0) or Type III (2,0,0) construction and exceeding two (2) stories or 25 feet in height. Type V (1,1,1) and Type III (2,1,1) or Type IV (2,H,H) construction exceeding three (3) stories or 3In all residential apartment buildings storage areas except individual unit closets that are located within individual residential living units. In all buildings used as health care occupancies as defined in the Life Safety Code, NFPA 101, as adopted and/or modified by these Regulations. In all buildings or areas classified as "high hazard" under the Life Safety Code, NFPA 101, or "extra hazard" under the Standard for the Installation of Sprinkler Systems, NFPA 13, as adopted and/or modified by these Regulations. All buildings used as dormitories, in whole or in part, to house students at a public or private school or public or private institution of higher education. (16 Del.C. Ch. 88) This applies to all such dormitories regardless if new or existing. (2015 State of Delaware fire Prevention Regulations, 702, Chapter 4) Places of assembly shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply:
All new indoor places of assembly with an occupant load of 150 persons or greater.
Any interior renovations of 50 percent or more to an existing place of assembly with an occupant load greater than 150 persons.
Any additions or increase in interior size to an existing place of assembly that would create an occupant load of 150 persons or greater.
Places of assembly where alcohol is served for consumption on the premises shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply:
All new indoor places of assembly with an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises.
Any interior renovation of 50 percent or more to an existing place of assembly with an occupant load greater than 100 persons and where alcohol will be served for consumption on the premises.
Any additions or increase in interior size to an existing place of assembly which would create an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises.
New educational occupancies of 5,000 square feet or greater shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13. (City of Dover Code of Ordinances 46-162)
8. Fire Department Connection is to be a 5-inch stortz connection on a 30 degree elbow located within 50 feet of main entrance. Access to the Fire Department Connection must be clear unobstructed access as defined by the AHJ.
9. Parking and/or obstructions shall be prohibited in front of fire department connections for a distance measuring from the center line and extending four feet on both sides. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.4)
10. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment.
11. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be protected from impact damage by impact protection. Natural gas and LP gas meters, regulators, and valves located inside structures shall have impact protection, except when located in separate protected utility rooms.
Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The bollard shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in concrete at a minimum of 18 inches surrounding the bollard. The bollards must be a least 48 inches (four ft.) in height above the finish grade elevation. Any deviation of the stated requirements must be approved by the fire marshal and/or chief building inspector. The above dimensions shall serve as the requirement for installation; however, the fire marshal and/or chief building inspector shall have the authority to require more stringent dimensions to fit the needs of devices warranting impact protection.
Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors shall be of fluorescent or have a reflective coating. Any deviation of the stated requirements must be approved by the fire marshal and/chief building inspector. (City of Dover Code of Ordinances, 46-4)
12. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following:
One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals.
Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals.
Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot,
property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building,
color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex,
Arabic numerals, all numbers used shall be Arabic numerals,
Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number affixed to the front of the tenant space and on the outside of the rear door which corresponds with that tenant space. Numbers shall measure six inches in height. (City of Dover Code of Ordinances, 98-344)
13. (Only required if a fire alarm system is required) A lock box (Knox) containing any and all means necessary for fire department access shall be provided at the following occupancies: any occupancy that contains a fire alarm signaling system that is monitored off-site, or any occupancy that contains an automatic sprinkler system. (2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4)
Secured key systems. When required; exemption. A secured key system shall be required for any new or existing building where a fire alarm or sprinkler system is being installed. It shall be the responsibility of the owner or occupant to keep a set of keys in the secured key box that are current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard service shall be exempt from this subsection.
Location. The secured key system shall be located as close to the main entrance as possible. Should the building design not allow the secured key system to be located by the main entrance, the fire marshal and fire chief shall come to an agreement as to an alternate location for the key box. A secured key system, once installed, shall not be obstructed from view or obstructed by any means that would delay the fire department access to the box.
Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress, whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire detection. Keys to individual residential apartment units are not required.
Ordering responsibility. It shall be the responsibility of the general contractor to order the key box for new buildings. It shall be the responsibility of the owner or tenant to order the key box for existing buildings.
Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before the installation of a key box. (City Code of Ordinances 46-127)
Knox Box to be mounted 6 feet above ground level.
14. All required means of egress shall have an exit discharge consisting of a non-slip surface, and leading to and terminating at a public way.
15. Project to be completed per approved Site Plan.
16. Full building and fire plan review is required.
17. Separate building permits/plans submission will be required for each building and/or tenant fit out. If the permit submission is for a “shell” a Certificate of Occupancy will not be issued. Separate plans and permits submissions will be required for each “tenant fit out” at which time a Certificate of Occupancy will be issued upon compliance/completion of each “tenant fit out”.
Each “shell” will require a fire permit for sprinkler and fire alarm if applicable. Those systems (for the “shell”) must be accepted into service prior to any “tenant fit out” fire permits being issued.
18. Construction or renovations cannot be started until building plans are approved.
19. Fire alarm systems, fire suppression systems, hoods, and hood suppression systems require a fire permit from the Fire marshal’s Office. This work cannot be started until the permit is approved.
20. Building cannot be occupied by the public until a Certificate of Occupancy is obtained.
APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2015 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances
*If you have any questions or need to discuss any of the above comments, please call the above contact person listed.
CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L
APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: January 30, 2019 T
======
APPLICATION: Lands of New Wind Properties 2920 LLC
FILE#: AX-19-01 REVIEWING AGENCY: DelDOT
CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768
======THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE.
THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
CITY & STATE CODE REQUIREMENTS:
RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES:
ADVISORY COMMENTS TO THE APPLICANT:
1. No Objection to the annexation and rezoning. Property Inbound access shall be from Maxwell Street 2. The plan is currently being reviewed by DelDOT.
CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY January 2018
APPLICATION: Lands of New Wind Properties FILE #: AX-19-01 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Jessica L. Verchick, EIT PHONE #: 741-2600 ext.3
THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT:
Source: 2019 Delaware Sediment and Stormwater Regulations
CITY AND STATE CODE REQUIREMENTS:
1. Kent Conservation District has no objection to the annexation of the above referenced site.
ADVISORY COMMENTS TO THE APPLICANT:
1. If at any time expansion or earth disturbing activity (clearing, grubbing tree clearing etc.) takes place and exceeds 5000 square feet; a detailed Sediment and Stormwater Management Plan must be submitted and approved to the Kent Conversation District.
CITY OF DOVER PLANNING COMMISSION February 19, 2019 Excerpt from Meeting Minutes – Draft
The Regular Meeting of the City of Dover Planning Commission was held on Tuesday, February 19, 2019 at 7:00 PM in the City Hall Council Chambers with Chairman Mr. Tolbert presiding. Members present were Mr. Adams, Mr. Roach, Ms. Edwards, Mr. Holt, Mr. Baldwin, Dr. Jones, Ms. Maucher and Mr. Tolbert. Mrs. Welsh was absent.
Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Jason Lyon, Mr. Julian Swierczek, Mr. Eddie Diaz and Mrs. Kristen Mullaney.
AX-19-01 Lands of New Wind Properties 2920 LLC at 2920 N. DuPont Highway – Public Hearing and Review for Recommendation to City Council of an Annexation Request and Rezoning Request for a parcel of land totaling 0.57 acres +/- (25,000 SF) located at 2920 North DuPont Highway, Dover. The property is currently zoned BG (General Business Zone) in Kent County. The proposed zoning is C-4 (Highway Commercial Zone). The property is located on the east side of North DuPont Highway and adjacent to the north side of Maxwell Street. The annexation category according to Dover’s 2008 Comprehensive Plan is Category 1: High Priority Annexation Areas and the land use designation is Commercial. The owner of New Wind Properties 2920 LLC. Property Address: 2920 N. DuPont Highway. Tax Parcel: ED-00-057.02- 01-08.00-000. Proposed Council District 3. Ordinance #2019-01. The First Reading of this Annexation Request was completed on January 14, 2019. Final Reading/Public Hearing is scheduled before City Council for March 11, 2019.
Representatives: Mr. Brock Parker, Parker and Associates
Mrs. Melson-Williams stated that this is a request for Annexation. The applicants are the owner of record which is New Wind Properties 2920 LLC and also Franchise Management Services Inc. who is the potential redeveloper of the site. The property is 0.57 acres and located on the east side of North DuPont Highway and is adjacent to Maxwell Street. This is the area of the City that is up across from what was the old Dover Sheraton, the North Dover Lowes, north of Wawa and near the Dover Towne Center project that has the Outback Steakhouse Restaurant in the front. Currently, the property in the County is zoned BG (General Business Zone). They are requesting annexation into the City with a proposed zoning classification of C-4 (Highway Commercial Zone). With any Annexation, we have to look to the City’s Comprehensive Plan and in there we find that this area is designated as Category 1: High Priority for Annexation and has a land use designation of Commercial. On the property, there is currently a vacant commercial building and the potential development has been working through some of the review process with Kent County to redevelop that building into a restaurant with drive-through for that site.
Tonight, the Planning Commission will be making a recommendation on the Annexation and a recommendation in regards to the zoning of the property. In doing so, our Comprehensive Plan calls for our zoning to be in compliance with the land use category that is outlined in the
Excerpt of Planning Commission Meeting of February 19, 2019 Page 1 of 3 Comprehensive Plan. With a land use category of Commercial, the proposed zoning of C-4 (Highway Commercial Zone) does comply with that. Also, to be considered should be the character and compatibility of the surrounding land uses, the adjacent street types and the general environment that the property is located in. The DAC Report does include a listing of the types of uses that are allowed in the C-4 (Highway Commercial Zone). It allows for a variety of retail, office, restaurants and service type of establishments. It also allows for hotels, places of public assembly, some other service needs and some manufacturing type activities. There are also a number of conditional uses that could be reviewed in the C-4 (Highway Commercial Zone). It is the recommendation of Planning Staff that the Annexation occur and that the zoning of the property be C-4 (Highway Commercial Zone). Staff finds that the subject property is within the City’s Annexation Plan as a High Priority Annexation Area and that the C-4 (Highway Commercial Zone) zoning is consistent with the development along the highway corridor and is also consistent with the land use category of Commercial. In the DAC Report, a number of the participating agencies have provided comments. Basically, they have no objections to the Annexation of the parcel. They do provide a series of Advisory Comments related to redevelopment of the site. Specifically, the Public Works Office has noted that water and sanitary sewer is located on the west side of North DuPont Highway and the applicant is pursuing the ability to connect to City sewer through that office. The property already is served by City of Dover Electric. Likewise, the Fire Marshal’s Office has provided some advisory information related to fire protection needs of the site and the building should it become part of the City of Dover. DelDOT and the Kent Conservation District likewise have no objection to Annexation.
Mr. Parker stated that they are the Civil Engineers and Surveyors representing the developers of the property. They take no exception to any of the comments in the Staff Report. The Advisory Comments are all things that we know and things that we are prepared to overcome. As you know, the property has been through the County portion of the planning process. It was at the conclusion of that planning process that they went in to get their septic system replaced. Once they started throwing in all of their arcs from all of their adjacent wells and septics, it just got too small for their feasible use for a Dunkin Donuts Store. They approached Dover and they said that there is sewer on the other side; so, their current plan is to tie that building into the sewer that is on the other side of the highway through a small lift station force main. Mr. Diaz (Mr. Jason Lyon) and his group have been very accommodating and helpful to them in trying to get that plan work together. They have met with DelDOT and they seem agreeable to letting them get across their road. The proposed zoning that is suggested by the City does fit their needs and their ultimate use. They take no exception to any of the comments in the DAC Report.
Mr. Tolbert questioned if they will continue to work cooperatively with Planning Staff regarding this application? Responding to Mr. Tolbert, Mr. Parker stated yes.
Mr. Tolbert opened a public hearing and after seeing no one wishing to speak, closed the public hearing.
Ms. Maucher questioned if they were planning to connect to City water immediately or wait until the well fails? Responding to Ms. Maucher, Mr. Parker stated that they are going to wait until the well fails. DNREC is now reviewing the existing well to make sure that it’s sufficient for their
Excerpt of Planning Commission Meeting of February 19, 2019 Page 2 of 3 use.
Mr. Holt moved to recommend approval to City Council for application AX-19-01 to C-4 (Highway Commercial Zone).
Ms. Edwards questioned if the motion should also include the Annexation of the property? Responding to Ms. Edwards, Mr. Tolbert stated absolutely.
Mr. Holt moved to recommend approval to City Council for application AX-19-01 for annexation of the property and for the zoning of C-4 (Highway Commercial Zone), seconded by Dr. Jones and the motion was carried 8-0 by roll call vote. Mr. Holt voting yes; he thinks that it’s a good extension on the City Plan and should be a good fit for Dover. Mr. Baldwin voting yes. Dr. Jones voting yes. Ms. Maucher voting yes; based on Staff recommendations. Mr. Adams voting yes. Mr. Roach voting yes; you can never have too many Dunkin Donuts. Ms. Edwards voting yes. Mr. Tolbert voting yes; there are no problems with this application.
Excerpt of Planning Commission Meeting of February 19, 2019 Page 3 of 3 Municipal Annexation Plan of Services Pursuant to Title 22, Delaware Code, §101, any city or town proposing to extend its boundaries, irrespective of any municipal charter provisions, whether such extension is proposed by action of the General Assembly or pursuant to the provisions of a home rule charter, must submit a Plan of Services to the Office of State Planning Coordination. The Plan of Services must be received by our office for review and acceptance at least 20 working days prior to the final discretionary action taken by the municipal legislative body. Please review your charter to identify the final discretionary action for your particular jurisdiction. For example, in some municipalities, the act of voting to hold a special election obligates the jurisdiction to annex the property in advance, pending the outcome of the election. For your information, provisions of the Delaware Code applicable to annexations are attached at the end of the Plan of Services.
● If you complete the form electronically, the template will expand as you type. You must also send a signed original form through the regular mail. To submit attachments electronically, place your cursor in the area indicated at the end of the document and use the Insert function on your toolbar. ● A completed Plan of Services demonstrates the ability of your municipality to provide utilities and public services to the area proposed for annexation. We welcome the inclusion of supplemental materials that illustrate the character of the site, any proposed development, and the impact the proposed annexation will have on your community. ● The form and all attachments must be fully completed at the time of submission. The Plan of Services will not be reviewed unless all attachments have been provided. You can use the list below to be sure all attachments have been included with the Plan of Services. Attachment Checklist Locator map attached Annexation map from comprehensive plan attached Water facilities plan attached on file with OSPC Water provider letter attached not applicable Wastewater facilities plan attached on file with OSPC Wastewater provider letter attached not applicable Electric provider letter attached not applicable Police, Fire, EMS letters attached Current municipal budget attached on file with OSPC Current municipal audit attached on file with OSPC Annexation agreements attached not applicable Planning or Annexation Committee report attached Signatures of Mayor and Town Engineer attached
NOTES: )RUWKH:DWHUIDFLOLWLHVSODQDQGWKH:DVWHZDWHUIDFLOLWLHVSODQWKH&LW\RI'RYHU'HSDUWPHQWRI 3XEOLF:RUNVFDQPDNHDYDLODEOHIRUYLHZLQJWKH:DWHU0DVWHU3ODQDQGWKH:DVWHZDWHU 0DVWHU3ODQ7KHVHGRFXPHQWVDUHXQDYDLODEOHLQDQHOHFWURQLFIRUPDWWRHPDLO&RQWDFWWKH 'HSDUWPHQWDWIRU-DVRQ/\RQ:DWHU:DVWHZDWHU0DQDJHU
1 MUNICIPAL ANNEXATION PLAN OF SERVICES 1. Property Information
1.1 Property name/description: Lands of New Wind Properties 2920 LLC (AX-19-01) 1.2 Tax parcel identification number(s): ED-00-57.02-01-08.00-000 1.3 Address: 2920 North DuPont Highway City : Dover State: DE Zip code: 19901 1.4 Total acreage: 0.57 acres 1.5 Locator map which clearly shows the parcel(s) and demonstrates contiguity attached. 1.6 Annexation map from the certified municipal comprehensive plan which clearly indicates the location of the parcel(s) attached. 1.7 Name of petitioner for annexation: New Wind Properties 2920 LLC Address: 435 S. DuPont Highway City : Dover State: DE Zip code: 19901 1.8 Municipality name: Dover Contact person: Dawn Melson-Williams Address: P.O. Box 475 City : Dover State: DE Zip code: 19903 Phone: 736-7196 E-Mail: [email protected] $OVR&RQWDFW 'DYLG6+XJJ,,,'LUHFWRURI3ODQQLQJ ,QVSHFWLRQVGKXJJ#GRYHUGHXV 2. Planning Information
2.1 Is the property developed? Yes No 5HXVHRUUHGHYHORSPHQWRIWKHH[LVWLQJEXLOGLQJPD\RFFXU 2.2 How is the property identified in the certified municipal annexation plan? Annexation area Short-term annexation area Long-term annexation area Other (define): Category 1: High Priority Annexation Area 2.3 What is the land-use designation in the certified municipal annexation plan? Commerical 2.4 Current use: Commercial (Vacant Building) Current county zoning: BG (General Business) 2.5 Proposed use: Restaurant w/drive-thru Proposed municipal zoning: C-4 +LJKZD\&RPPHUFLDO=RQH 2.6 Proposed density: N/A Maximum allowable density: FAR 4.0 2.7 EDUs within current municipal boundaries: Vacant acreage within current municipal boundaries: 2.8 Utility/Service: Provider: Water Existing on-site well; future by City of Dover Wastewater transmission potential City of Dover Wastewater treatment Kent County Electricity City of Dover (current customer) Police City of Dover Fire Dover Fire Department EMS Kent County Road maintenance and repair State of Delaware/DelDOT Other:
7KHZDWHUDQGVDQLWDU\VHZHULVDYDLODEOHRQWKHZHVWVLGHRI5RXWHZKLFKZRXOGUHTXLUHDXWLOLW\FURVVLQJRI5RXWH W\SLFDOO\ GLVFRXUDJHGE\'HO'27 7KHGHYHORSHULVSXUVXLQJWKHVDQLWDU\VHZHUFRQQHFWLRQWRWKH&LW\DQGLVLQGLVFXVVLRQZLWKWKH 'HSDUWPHQWRI3XEOLF:RUNVDQG'HO'27IRUGHVLJQRIWKLVVHUYLFHFRQQHFWLRQWRUHSODFHWKHH[LVWLQJRQVLWHVHSWLFV\VWHP 2 3. Abbreviated Plan of Services Indicate if any of the following conditions apply to the proposed annexation area and proceed to Section 9. If none apply, proceed to Section 4.
The property is an enclave1 of five (5) acres or less. The property is ten (10) acres or less and more than 50% is within municipal boundaries. The property has been subdivided and fully developed and utilities and services are currently provided by the municipality. The property has been subdivided and fully developed and utilities/services are provided by the municipality or another public utility. The public utility must supply a letter of concurrence describing their ability to provide necessary services to the proposed annexation area.
4. Water System 4.1 Check here if the municipality will provide water to the proposed annexation area, attach relevant sections of the most recent water facilities plan and complete Items 4.2 through 4.7. If not, proceed to Item 4.8. 'HYHORSHUKRSHVWRXVHH[LVWLQJRQVLWHZHOO &LW\LVDIXWXUHSRWHQWLDOVHUYLFHSURYLGHULIZHOOIDLOV 4.2 Current municipal system capacity (maximum gpd without capital expenditure): 10,500,000gpd 4.3 Average municipal water usage (gpd): 4,819,100 gpd 4.4 DNREC permit allocation (gpd): JSGDNREC permit #: 87-00180RAM3, 87-0018brm1, 92-00021 0 4.5 Estimated future water demand (gpd) within current municipal boundaries based on approved EDUs and full build-out of vacant acreage under current zoning: 3,125,000 gpd 4.6 Estimated future water demand for the proposed annexation area (gpd) based on EDUs for proposed density or maximum allowable density under the proposed zoning: unknown 4.7 If the current infrastructure cannot meet the estimated demand of the proposed annexation area, indicate how this will be addressed: Developer is responsible for all costs associated with extending DQGSURYLGLQJ 4.8 If the municipality does not provide water, attach statement(s) from the water provider indicating VHUYLFHV their ability to serve the proposed annexation area and briefly describing system capacity and capital improvements needed to support either the proposed density or maximum allowable density under the proposed zoning. The provider should detail specific phasing plans or other special arrangements needed to supply service to the annexation area. letter attached 5. Wastewater System 5.1 Check here if the proposed annexation area will be served by a public wastewater system and complete Items 5.2 through 5.8. If not, complete Items 5.8 and 5.9. 6HHQRWHRQSDJH&LW\LVSRWHQWLDOSURYLGHU 5.2 Check here if the municipality will transmit and treat wastewater from the proposed annexation area, attach relevant sections of the wastewater facilities plan, and complete Items 5.3 through 5.8. Check here if the municipality will transmit wastewater to another treatment operator and proceed to Item 5.9. &LW\WUDQVPLWVWR.HQW&RXQW\IRUWUHDWPHQW Check here if wastewater will be transmitted and treated by another treatment operator and proceed to Item 5.9. 5.3 Current municipal treatment capacity (daily maximum gpd without capital expenditure): 5.4 Current municipal average wastewater flow (gpd): 5.5 DNREC permitted discharge (gpd): 5.6 Estimated future wastewater demand (gpd) within current municipal boundaries based on approved EDUs and full build-out of vacant acreage under current zoning:
3 5.7 Estimated future wastewater demand for proposed annexation area (gpd) based on EDUs under the proposed density or maximum allowable density under the proposed zoning: unknown 5.8 Describe any municipal or developer funded infrastructure improvements necessary to transmit and/or treat waste from the proposed annexation area. 5.9 If the municipality does not provide wastewater transmission and/or treatment, attach statement(s) from the wastewater service provider and/or treatment operator indicating their ability to serve the proposed annexation area and briefly describing system capacity and capital improvements needed to support either the proposed density or maximum allowable density under the proposed zoning. The provider should detail specific phasing plans or other special arrangements needed to supply service to the annexation area. letter attached
6. Electricity 6.1 Check here if the municipality will provide electric service to the proposed annexation area and complete Items 6.2 and 6.3. If not, proceed to Item 6.4. 3URSHUW\LVFXUUHQW&LW\(OHFWULFFXVWRPHU 6.2 Date of the most recent municipal electrical facilities plan: unknown 6.3 Describe electrical upgrades underway or planned within the next 5 years for the proposed annexation area: City-wide system upgrades explained in the Budget documents. 6.4 If electrical service is to be provided by another jurisdiction or a public utility regulated by the Delaware Public Service Commission, attach a statement from the provider indicating their ability to serve the proposed annexation area and briefly describing phasing plans or special arrangements needed to support either the proposed density or maximum allowable density under the proposed zoning. letter attached 7. Public Safety 7.1 Public safety and other non-municipal authorities are obligated to serve their territories and are to be notified of proposed annexations. Attach copies of notification letters and any responses to and from non-municipal police, fire, EMS, county or other authorities having jurisdiction in the proposed annexation area. letters attached
8. Fiscal Information
8.1 Attach a copy of the municipality’s current fiscal year budget. /LQNWR)< %XGJHWSURYLGHG budget attached budget on file with Office of State Planning Coordination budget not available; the fiscal management practices of the municipality are described as follows : /LQNWR&RPSUHKHQVLYH$QQXDO)LQDQFLDO5HSRUWIRU\HDUHQGLQJ 8.2 Attach a copy of the most recent audit prepared for the municipality. ,QFOXGHVDXGLWLQIRUPDWLRQ audit attached audit on file with Office of State Planning Coordination audit not available 8.3 If applicable, attach copies of any annexation agreement(s) with owners, potential buyers or developers, and/or service providers pertaining to the proposed annexation area. agreement(s) attached not applicable 8.4 If applicable, use the following table to indicate the source of funds to construct infrastructure necessary to develop the annexation area to either the proposed density or maximum allowable density under the proposed zoning. not applicable
4 Impact Fees or Capital Other Municipal Annexation Fees from Infrastructure Improvements Funds 181 Developer or Public Utility D- Water system ~ r6d Wastewater transmission ~~ ru Wastewater treatment il _J Electrical system - 2SI Public streets D ~ 8.5 If applicable, use the following table to Indicate the source of funds to maintain the annexation area when cQtoped to either the proposed density or maximum allowable density under the proposed zoning. D not applicable Homeowner Public Utility Operating or Fees or Other Municipal and Condominium Enterprise Funds Maintenance Costs Association Funds 2 Waters stem Wastewater transmission Wastewater treatment Electrical s stem Public streets
9. Certifications The undersigned certify that the information provided in this Plan of Services is complete and accurate to the r xtent practicable and that all letters required from service and utility providers are attached.
di/1 \; 1 JL' / ~~r~-11 -
Place your cursor below this line and use the Insert function on your tool bar to attach documents electronically.
5
Municipal Annexation Plan of Services Summary of Attachments City of Dover, DE Annexation of 2920 N. DuPont Highway, Dover DE
Attachments:
• Location map: Zoning Map Exhibit AX-19-01
• Annexation map from Comprehensive Plan: o Map 13-1 Potential Annexation Areas o Map 13-2 Potential Land Use for Annexation Areas
• Wastewater provider letter: o Letter to Kent County Department of Public Works o Letter from Kent County Department of Public Works of February 27, 2019
• Email regarding Electric Service
• Police, Fire, and EMS Letters: o Email Set Requesting Information o Letter to Dover Police Department and Email Response o Letter to Dover Fire Department o Letter to Kent County Emergency Medical Services
• Report to Utility Committee on AX-19-01 Lands of New Wind Properties 2920 LLC at 2920 N. DuPont Highway
• Development Advisory Committee (DAC) Report on AX-19-01 Lands of New Wind Properties 2920 LLC at 2920 N. DuPont Highway forwarded to Planning Commission for meeting of February 19, 2019
Other Reference Links:
• City of Dover FY2018-2019 Budget https://www.cityofdover.com/public-documents
• City of Dover Comprehensive Annual Financial Report (CAFR) for Year Ending June 30, 2018. Page 21 includes Audit information as Report of Independent Public Accountants https://www.cityofdover.com/public-documents-finance
City of Dover
MAYOR AND COUNCIL
PROPOSED COUNCIL RESOLUTION NO. 2019-03
1 A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE 2 CITY OF DOVER.
3 WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City 4 in accordance with Title 22, Chapter 1, Section 101 of the Delaware Code (22 Del.C.§ 101); and
5 WHEREAS, the Mayor and Council deem it to be in the best interest of the City of Dover to include an area 6 contiguous to the present City limits, and hereinafter more particularly described, within the limits of the 7 City of Dover; and
8 WHEREAS, the Charter of the City of Dover provides that if an annexation is petitioned by all owners of 9 all property considered for annexation, no election shall be required. For an annexation petition not 10 requiring an election, such petition shall be processed in accordance with procedures established for 11 amendments to the zoning map, specified in Dover Code, Appendix B - Zoning. All annexation petitions 12 shall be processed concurrently with the rezoning of the property considered for annexation and shall be 13 subject to public hearing before City Council. Public notice shall be completed in accordance with the 14 provisions of the Dover Code relating to amendment of the zoning map.
15 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, 16 IN COUNCIL MET:
17 1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, 18 along with all adjacent paths, sidewalks, roadways, and rights-of-way in their entirety, shall be annexed to 19 and included within the limits of the City of Dover:
20 ALL those certain lot, piece or parcel of land with the improvements thereon erected situated 21 in East Dover Hundred, Kent County, and State of Delaware, lying on the northeast 22 intersection of Maxwell Street and U.S. Route #13, being bounded on the west by Route #13, 23 on the north by lands of Lee F. Slaughter, Jr. on the east by lands of Carl F. McNatt and on 24 the south by Maxwell Street and being more particularly described in accordance with a 25 survey by Earl D. Smith, Professional Land Surveyor, dated November 4, 1991, amended 26 November 15, 1991, as follows, to-wit:
27 BEGINNING at a pipe found at the intersection of the north line of Maxwell Street with the 28 east line of U.S. Route #13; thence running from said point of Beginning with the east line 29 of U.S. Route #13 North 40 deg. 00 min. West 200.00 feet to a concrete monument at a 30 comer for this lot and for lands of Lee F. Slaughter, Jr.; thence running with said lands of 31 Lee F. Slaughter, Jr. North 50 deg. 00 min. East 125.00 feet to a P.K. nail at a comer for this
P.O. Box 475 Dover, Delaware 19903 Community Excellence Through Quality Service PROPOSED COUNCIL RESOLUTION NO. 2019-03 PAGE 2
32 lot and lands of Carl F. McNatt; thence running with said lands of Carl F. McNatt South 33 40 deg. 00 min. East 200.00 feet to an electric pole in the north line of Maxwell Street; 34 thence running with said north line of Maxwell Street South 50 deg. 00 min. West 125.00 35 feet to the point and place of Beginning and containing 25,000 square feet of land be the 36 same more or less.
37 TOGETHER with all of the party of the first part’s right, title and interest, if any, in and to 38 (i) any improvements thereupon, and (ii) any rights, alleys, ways, waters, privileges, 39 appurtenances and advantages to the same, belonging or in any way appertaining 40 (collectively, the “Real Estate”).
41 The Real Estate is conveyed subject to all easements, conditions, restrictions, agreements and 42 out-conveyances of record that lawfully apply to the Real Estate or any part thereof.
43 BEING the same lands and premises which CKI, LLC, a Delaware limited liability company, 44 by Deed dated March 18, 2003 and recorded May 8, 2003 in the Office of the Recorder of 45 Deeds in and for Kent County, State of Delaware in Deed Book 537, Page 285, did grant and 46 convey unto Realty Income Corporation, a Maryland corporation, in fee.
47 2. That the above described property shall be annexed into the City of Dover with a zoning 48 classification as set by City Council and in accordance with the zoning map and environs then in force, 49 effective upon such lands being included within the limits of the City of Dover.
50 3. That the certified copy of this resolution of annexation, together with a plot of the area annexed, shall 51 be filed for record with the Recorder of Deeds of Kent County.
52 4. That the effective date of this resolution shall be the 23rd day of April, 2019 at 12:01 a.m.
53 ADOPTED: * 54 S:\RESOLUTIONS-PROCLAMATIONS-TRIBUTES\2019\DRAFT\RESOLUTION NO 2019-03 ANNEXATION 2920 NORTH DUPONT HIGHWAY\RESOLUTION NO 2019-03 ANNEXATION-2920 NORTH 55 DUPONT HIGHWAY 04-22-2019.wpd
56 57 ROBIN R. CHRISTIANSEN TIMOTHY A. SLAVIN 58 MAYOR COUNCIL PRESIDENT
59 Actions History 60 04/22/2019 - Scheduled for Introduction - City Council 61 03/11/2019 - Introduction Postponed until April 22, 2019 - City Council FINAL READING
CITY OF DOVER PROPOSED ORDINANCE #2019-01
1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY 2 OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 3 2920 NORTH DUPONT HIGHWAY
4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the 5 limits of the City of Dover; and
6 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property 7 described below from BG - General Business (Kent County zoning classification) to C-4 - Highway 8 Commercial (City of Dover zoning classification).
9 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 10 DOVER, IN COUNCIL MET:
11 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 12 Ordinance of the City of Dover have been amended by changing the zoning designation from BG - 13 General Business (Kent County zoning classification) to C-4 - Highway Commercial (City of Dover 14 zoning classification) on that property located at 2920 North DuPont Highway (on the east side of 15 North DuPont Highway and adjacent to the north side of Maxwell Street), consisting of 0.57+/- acres 16 (25,000 S.F.), owned by NewWind Properties 2920 LLC. 17 (TAX PARCEL: ED-00-057.02-01-08.00-000; PLANNING REFERENCE: AX-19-01; COUNCIL DISTRICT: 3)
18 ADOPTED: * 19 S:\ORDINANCES\2019\DRAFT\ORDINANCE #2019-01-REZONING-ANNEXATION-2920 NORTH DUPONT HWY\Annexation-Rezoning Ordinance - Final Reading 04-22-2019.wpd
20 Actions History 21 April 22, 2019 - Scheduled for Public Hearing/Final Reading - City Council 22 March 11, 2019 - Public Hearing/Final Reading Postponed until April 22, 2019 - City Council 23 February 19, 2019 - Public Hearing - Planning Commission 24 January 14, 2019 - First Reading - City Council DOVER HUMAN RELATIONS COMMISSION
The Dover Human Relations Commission (DHRC) met on March 21, 2019 at 6:00 p.m. with Ms. Denise Devine, Assistance City Clerk, presiding in the absence of a chair, and Mr. Gaddis presiding following his election as Chairman. Members present were Mr. Fleming, Mrs. Herbert, Ms. Mullen, and Mr. Rocha. Ms. Paige was absent.
OPEN FORUM The Open Forum was held at 6:00 p.m., prior to the commencement of the Official Commission Meeting. Ms. Denise Devine, Assistant City Clerk, declared the Open Forum in session and reminded those present that the Commission was not in official session and could not take formal action.
There was no one present wishing to speak during the Open Forum.
AGENDA ADDITIONS/DELETIONS Mr. Fleming moved for adoption of the agenda as presented, seconded by Mrs. Herbert, and unanimously carried.
Election of Commission Chair Ms. Denise Devine, Assistant City Clerk, opened the floor for nominations for Commission Chair.
Mr. Fleming moved to nominate Mr. Alan P. Gaddis to serve as Commission Chair, seconded by Mrs. Herbert.
Responding to Mr. Fleming, Mr. Gaddis stated that he was willing to serve as the Chair.
By unanimous consent, Mr. Alan P. Gaddis was elected to serve as Commission Chair.
2018 Annual Report to City Council Mrs. Herbert moved to recommend acceptance of the Dover Human Relations Commission 2018 Annual Report to City Council (Attachment # 1). The motion was seconded by Mr. Fleming and unanimously carried.
Future Meeting Dates Members discussed changing their monthly meeting schedule to a quarterly meeting schedule plus one (1) meeting. Mr. Fleming expressed concern about the length of time between meetings hindering the response to the public, noting recent claims involving Fraizer’s Restaurant. Responding Mrs. Herbert stated that she had called the Delaware State Human Relations Commission Liaison, Ms. Nancy Maihoff, who agreed to present the claims to the State Commission. Mrs. Herbert noted that she made copies of the complaint letters and gave them to Ms. Maihoff, who advised that she would directly contact the citizens involved in the incidents.
Mr. Fleming moved to continue holding monthly meetings, seconded by Mr. Rocha, and carried with Mrs. Herbert voting no. DOVER HUMAN RELATIONS COMMISSION MEETING OF MARCH 21, 2019 PAGE 2
Proposed Revisions to DHRC Brochure Mr. Fleming moved to defer the discussion regarding the proposed revisions to the DHRC Brochure to the next meeting. The motion was seconded by Mr. Rocha and unanimously carried.
Commission Members’ Announcements There were no announcements.
Mr. Rocha moved for adjournment, seconded by Mr. Fleming, and unanimously carried.
Meeting adjourned at 6:50 p.m.
Alan P. Gaddis Chair
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Attachments Attachment #1 - 2018 Annual Report to City Council ATTACHMENT #1 Dover Human Relations Commission Meeting of 03/21/2019
DOVER HUMAN RELATIONS COMMISSION
2018 END OF YEAR REPORT
The DHRC met once on February 15. 2018
It was decided that 4 Commissioners would attend a Mediation Training given by The Center for Community Justice – People’s Place on March 22 and 23, 2018. It was attended by Commissioners Gaddis, Henderson, Mullen and Rocha. This was an orientation demonstrating how People’s Place resolves disputes of various civil, personal, and minor criminal matters. This training session made the Commissioners aware of the value of mediation training and how, with advanced training, one can help to bring opposing parties to mutually agreed upon ways to resolve their conflicts.
Paul Fleming attended a program called “Conflict Resolution: A Primer” sponsored by the Central Delaware Chamber of Commerce and presented by Williams Garcia, & Associates. This program occurred on February 14, 2018.
The Commission’s shortened Mission Statement for the Commission’s brochure, approved by City Council, was discussed and will stand as approved.
There are three vacancies on the Commission, two for the Second District and one for the fourth.
Sadly, Chairman Theodore Henderson resigned as Chairman and Commissioner on December 13, 2018.
Respectfully submitted by Alan Gaddis COUNCIL COMMITTEE OF THE WHOLE
The Council Committee of the Whole met on April 9, 2019 at 6:01 p.m. with Councilman Hare presiding in the absence of Council President Slavin. Members of Council present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Cole, and Mr. Polce (arrived at 6:02 p.m.). Mr. Lindell was absent. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Caldwell and Dr. Warfield (departed at 6:29 p.m.) (Parks, Recreation, and Community Enhancement), Mr. Garfinkel (Safety Advisory and Transportation), Mrs. Doyle and Mrs. Haass (Utility), and Mr. Shevock (Legislative, Finance, and Administration). Mr. Shelton (Safety Advisory and Transportation) was absent.
COUNCIL COMMITTEE OF THE WHOLE (All Members of All Committees)
The Council Committee of the Whole met with Councilman Hare presiding in the absence of Council President Slavin.
AGENDA ADDITIONS/DELETIONS Mr. Neil moved for approval of the agenda, seconded by Mr. Anderson and unanimously carried.
Update on the Comprehensive Plan Project Mr. David Hugg, Director of Planning and Community Development, and Mrs. Dawn Melson-Williams, Principal Planner, reviewed a presentation entitled “City of Dover, Delaware, 2019 Comprehensive Plan, Project Update April 2019 (Attachment #1) and the Preliminary Draft #2A Goals and Recommendations for the 2019 Dover Comprehensive Plan, dated February 28, 2019. Mr. Hugg urged members to provide their comments and concerns by the following day.
Mr. Polce stated that he thinks the Comprehensive Plan is incredibly important because it dictates ownership to specific goals and objectives, and outlines the City’s strategic vision. He noted that he thought Utility Recommendations 8 and 9 were extremely important because they relate to investing in the City’s infrastructure to ensure it is up-to-date and encouraging growth. Mr. Polce noted that these Recommendations also go hand-in-hand with some of the City’s economic development opportunities, noting that the City currently has a tremendous opportunity to redefine how it is looking at technology and utility to bridge the gap with economic development. He stated that if the City is able to redefine how it is incorporating 4G and 5G technology, then the City will be able to leverage additional local and regional economic partners.
Mr. Polce noted that he thought that Goal 2 under Community Services and Facilities was also important. He indicated that in order to be good stewards of tax dollars, he thought the City needed to look at the consolidation, utilization, and depreciation of its assets.
Mr. Polce stated that he thought Economic Development Goals 1, 2, 3, 5, and 7 were critically important. He explained that he thought these goals, in totality, ensure the City is not only valuing COUNCIL COMMITTEE OF THE WHOLE MEETING OF APRIL 9, 2019 PAGE 2 innovation but human capital and intellectual property. Mr. Polce expressed concern that the City has shied away from talking about the disparities in health inequities. He noted the importance in understanding that if an individual is not healthy, that individual cannot work and, therefore, that individual cannot contribute. Mr. Polce stated that Economic Development Goal 7 talks specifically about food deserts and food disparity but it does not discuss health inequities, indicating that perhaps it would fit under Housing. He advised members that Kent County has the most unhealthy population in the state and the City needs to recognize its role in bridging health inequities.
Mr. Polce thanked staff for recognizing the vital importance of housing, housing stock, a variety in housing stock. He noted that Goal 5 under Housing and Community Development highlights the importance of the City’s first-time home ownership assistance program; however, he questioned what the City is doing to attract young people to move to Dover and to stay and be part of the community.
Mr. Neil noted, in regard to Mr. Polce’s comments about health inequities, that he is concerned about what the Charter permits the City to do, and whether the City has the necessary financial resources. He indicated that he thought the City would be looking toward partnerships in this regard.
Mr. Anderson stated that he thought that the City’s current Historic District is something that should be examined. He questioned why businesses are being inhibited by the Historic District, noting that he thought it is a real issue. He stated that there should be discussions with residents because there are individuals with property on State Street that is part of the federal preservation area who would love to be part of the Historic District.
Mr. Anderson stated that, in regard to transportation, he thinks that it is an important objective to ensure that the City’s roadways maintain the ability for the free-flow of cars and other vehicles. He noted that Dover is a relatively spread out area and public transportation is not going to improve dramatically, so for the foreseeable future, this will be a community that drives.
In regard to Mr. Polce and Mr. Neil’s comments, Mr. Hare indicated that the City does not have the resources for all of the programs members may want to implement and the City might need partnerships. He noted that there are inequities in the resources that Dover and Kent County receive compared to what Wilmington and New Castle County receive from the State. Mr. Sudler asked if anyone had tried to reach out to the State for assistance. Responding, Mr. Hugg advised that throughout the comprehensive planning effort, staff has had a lot of meetings with the State. He noted that the structural inequity that exists between the rest of the state and Kent County is an issue that gets discussed at each Kent Economic Partnership (KEP) meeting and a variety of other forums. Mr. Hugg stated that although the Comprehensive Plan is not necessarily the vehicle for conveying this message, it certainly communicates what the City is really committed to.
Mr. Hugg explained that one of the challenges in writing a document like this is trying to find a balance between what everyone would really like to have and what the City knows it will probably be able to afford and make happen. He stated that he thought that staff had done a good job of tempering expectations with reality. COUNCIL COMMITTEE OF THE WHOLE MEETING OF APRIL 9, 2019 PAGE 3
Mr. Sudler suggested reaching out to the Kent County Commissioners to see how they might be able to assist the City in furthering its efforts with the State. In response, Mr. Hare noted that he previously met with former Governor Jack Markell, and former Senator Brian J. Bushweller and Senator Dave G. Lawson in regard to the State’s payment in lieu of taxes (PILOT) formula, but there is not enough support from upstate.
In response to Mr. Anderson, Mr. Hugg noted that several sections of the Comprehensive Plan reference recreation, including Housing and Community Development which has a recommendation related to economic development that deals with promoting recreation. Additionally, Mr. Hugg stated that Natural Resources and Environmental Protection Goal 5 refers to preserving access to open space and scenic resources, and Community Services and Facilities discusses the City’s investments in recreation and the need to preserve them. Mrs. Melson-Williams noted that there are also references to the City’s natural areas, both active and passive, under Natural Resources.
Mayor Christiansen informed members that the City had partnered with Kent County on some initiatives, explaining that with the creation of the Delaware Prosperity Partnership, the Kent Economic Partnership and the Greater Kent Committee felt it was time for the City to develop its own economic development program through the Central Delaware program in which the City participates. He suggested that the City could continue to work in conjunction with Kent County to address some of the concerns expressed by Mr. Polce.
Mr. Hugg advised that the Economic Development Goals, Recommendations and the City’s general economic development policies were more closely aligned with Kent County’s now than ever before as a result of the County’s recent adoption of their Comprehensive Plan. He credited the County for strongly recognizing the importance of municipalities in economic development and designating a major employment area adjacent to the City, noting that the County had recommended that this area be annexed into the City. Mr. Hugg also noted that the County was a strong partner with the City in regard to the economic development initiatives involving Dover Air Force Base and the civil air terminal.
UTILITY COMMITTEE
The Utility Committee met with Chairman Cole presiding.
AGENDA ADDITIONS/DELETIONS Mr. Sudler moved for approval of the agenda, seconded by Mr. Neil and unanimously carried.
Annual Engineering Consultant's Report on the Operation and Maintenance of the Electric System - Fiscal Year 2018 Mrs. Lori Peddicord, Controller/Treasurer, reviewed the Annual Engineering Consultant's Report on the Operation and Maintenance of the Electric System for Fiscal Year 2018.
Mr. Neil moved to recommend acceptance of the report, seconded by Mr. Anderson and unanimously carried. COUNCIL COMMITTEE OF THE WHOLE MEETING OF APRIL 9, 2019 PAGE 4
Mr. Hare moved for adjournment of the Utility Committee meeting. The motion was seconded by Mr. Anderson and unanimously carried.
Meeting adjourned at 6:41 p.m.
LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE
The Legislative, Finance, and Administration Committee met with Chairman Hare presiding.
AGENDA ADDITIONS/DELETIONS Mr. Neil moved for approval of the agenda, seconded by Mr. Shevock and unanimously carried.
Proposed Amendments to By-Laws - Downtown Dover Partnership Ms. Diane Laird, Downtown Dover Partnership (DDP) Executive Director, presented proposed amendments to the DDP By-Laws, noting that they were the result of the DDP’s year and a half long strategic planning process. Ms. Laird advised members that it had been brought to her attention that one (1) of the proposed changes approved by the DDP Board of Directors was not included in the version of the By-Laws presented to members. She stated that the omitted amendment would require future changes to the By-Laws to be approved by a vote of three-quarters of the members of the Board instead of two-thirds.
Ms. Laird also noted that the proposed amendments included a new mandatory requirement for the DDP to hold insurance. She reminded members that the DDP had been in place for 10 years and, based on her professional expertise, the organization had partnered very well with the City and its evolution had been very positive. Ms. Laird stated that she thought the proposed amendments to the By-Laws reflected efficiencies, noting that the proposed reduction in the number of members would make the Board more efficient and allow for a continued strong partnership with the City as well as other downtown stakeholders.
Mr. Anderson suggested amending the proposed By-Laws by adding a paragraph to Article XIII - Amendment of Bylaws, as follows:
In addition, any changes in Article I or Article II, Section 2 paragraph 1. A., First Category must be approved by Dover City Council.
Mr. Anderson explained that the purpose of proposed Amendment 1 is to protect the purpose of the organization and City membership on the Board by requiring continued City Council approval of changes regarding these sections of the DDP By-Laws.
Mr. Anderson moved for approval of Amendment 1 to the Proposed DDP By-Laws, seconded by Mr. Sudler. COUNCIL COMMITTEE OF THE WHOLE MEETING OF APRIL 9, 2019 PAGE 5
Mr. Neil noted that the Board had experienced a problem with obtaining a quorum of members to hold a meeting. He stated that two (2) Council members and the Mayor serve on the Board and, as a current Council appointee to the Board, he would drop off, if necessary.
Mr. Anderson noted that Amendment 1 would not change the proposed reductions to the Board, it would just prevent the DDP from unilaterally enacting future reductions. He stated that he thought that changes that pertain to City interests should continue to require Council approval. Mr. Anderson reminded members that the City contributes approximately 98% of the funding for the DDP and is a guarantor to loans for the DDP; therefore, it’s members fiduciary responsibility to the taxpayers to make sure that they do not give the authority to be unilaterally written out of the By-Laws. He noted that he did not think that the current membership would do that; however, he noted that no one knows what could happen in 10 years.
In response to Mr. Sudler’s question regarding why there has been difficulty in obtaining a quorum of members for meetings, Ms. Laird stated that there were originally 21 members on the Board and, for a variety of reasons, the Board was consistently down two (2) or three (3) members for several months. She explained that she was previously a member of the Board; however, when she became Executive Director she was no longer counted among the quorum. Additionally, she stated that the Kent County representative resigned and moved to Florida, and there was inconsistent attendance by a few members, while other members almost never attend meetings.
Mr. Sudler asked if the members who had inconsistent attendance or never attended meetings were still on the Board. Responding, Ms. Laird stated that as of July 1st the Board would be making changes and enacting the new By-Laws.
Mr. Neil noted that he did not think Amendment 1 was necessary because without the City’s backing the DDP would go.
The motion to for approval of Amendment 1 to the Proposed DDP By-Laws was unanimously carried.
Mr. Sudler moved to recommend approval of the proposed amendments to the DDP By-Laws, as amended (Attachment #2), seconded by Mr. Neil and unanimously carried.
Proposed Ordinance #2019-10 Amending Chapter 90 - Solid Waste Mrs. Sharon Duca reviewed Proposed Ordinance #2019-10. The purpose of proposed amendment is to provide clarification regarding municipal solid waste collection guidelines in accordance with State waste segregation requirements and Sanitation Department collection parameters. The amendment also provides clarification regarding the level of service provided.
Mr. Anderson, referring to Section 90-16 - Rates and Billing Procedures, noted that there are individuals outside City limits with active utilities who do not have City trash service. Responding, Mrs. Duca explained that this Section would need to be clarified since the City no longer provides out of City trash service. COUNCIL COMMITTEE OF THE WHOLE MEETING OF APRIL 9, 2019 PAGE 6
Mr. Anderson moved to amend Section 90-16 - Rates and Billing Procedures, paragraph (b) to reflect that only in-City utility customers must have sanitation services included in the list of active services for the account. The motion was seconded by Mr. Neil and unanimously carried.
Mr. Sudler asked why some residents were currently allowed to construct fences within the right-of- way where the City has an easement. Responding, Mrs. Duca explained that if there are active utilities within an easement, the Public Works Department will not approve a fence permit because the City has to maintain access to those utilities. She stated that if nothing was ever constructed, the Department would allow a fence waiver to be granted in conjunction with the fence permit.
Mr. Sudler moved to recommend adoption of Ordinance #2019-10, as amended. The motion was seconded by Mr. Neil and unanimously carried.
Mr. Hare asked if there was a requirement for solid waste to be placed in front of residences for collection, noting that he has seen it piled up in alleys, which causes issues for the trucks to drive through the alleys for collection. In response, Mrs. Duca explained that this has to be considered on a case by case basis, based on the property.
Mr. Neil moved for adjournment of the Legislative, Finance, and Administration Committee meeting. The motion was seconded by Mr. Shevock and unanimously carried.
Meeting adjourned at 7:05 p.m.
Mr. Sudler moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mr. Anderson and unanimously carried.
Meeting adjourned at 7:05 p.m.
William F. Hare Acting Chair
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Attachments Attachment #1 - Presentation entitled “City of Dover, Delaware, 2019 Comprehensive Plan, Project Update April 2019” Attachment #2 - Proposed Amendments to the DDP By-Laws, as amended ATTACHMENT #1 Council Committee of the Whole Meeting of 04/09/2019
City of Dover, Delaware 2019 Comprehensive Plan Project Update April 2019 2019 Comprehensive Plan Project
Planning for a Bigger, Better Dover!
[email protected] Planning Office at 736-7196 Overview of Approach to Project
• Current Plan: ▫ 2008 Comprehensive Plan (as amended) Adopted February 9, 2009 Series of Amendments (2009-2019) • Requirements for Comprehensive Plans ▫ Delaware Code, Title 22 and 29 ▫ State of Delaware Comprehensive Plan Checklist • 2019 Comprehensive Plan Project ▫ 2018-2019 Major Goal of Department of Planning & Inspections Project Schedule • Due Date: February 9, 2019 • Revised Due Date: February 2020 • Request for Extension: Submitted in September 2018 and Approved March 12, 2019 by CCSP • Project Team: ▫ Planning Staff ▫ Resources ▫ Participants ▫ Reviewers Project Schedule •Phases (5 Components): ▫ Information Gathering ▫ Plan & Map Development ▫ Consideration of Plan Recommendations ▫ Formal Review & Adoption Process ▫ Plan Implementation Tasks to Date (October 2018 – April 2019) • Project Team Meetings ongoing • Meeting with City Department and Divisions • Meeting with State Agencies and other groups • Outreach Meetings with 3 Municipalities & Kent County • Release of Preliminary Draft #2A Goals & Recommendations • Release of Preliminary Draft Map Series Engagement Activities • Events & Activities ▫ Reporting on Goals & Recommendations ▫ Survey Questionnaire Summer 2018 ▫ Event Forums: Economic Development and Housing Issues ▫ Open House Event – August 23, 2018 ▫ Presentation to Wesley College class ▫ Discussions with Planning Commission, Historic District Commission, and Economic Development Committee Information Sources • 2008 Comprehensive Plan (as amended) • Website for 2019 Comprehensive Plan Project • Email for Comprehensive Plan • City Departments and State Agencies • Delaware Population Consortium Annual Projection Series Information Sources • 2008 Comprehensive Plan (as amended) https://www.cityofdover.com/comprehensive-plan-4005
• 2019 Comprehensive Plan Project https://www.cityofdover.com/2019-comprehensive-plan
• Email: [email protected] Current Activities • Follow-up Meetings with City Departments and State Agencies • Chapter Writing & Map Development • Staff Review of Preliminary DRAFT documents and Maps • Meetings with Municipalities – Wyoming to be scheduled • Planning for next Outreach opportunities • Release of Preliminary DRAFT #2A Goals & Recommendations documents Consideration of Plan Recommendations • Review of Preliminary Draft Document and Maps ▫ Preliminary DRAFT #2A Goals & Recommendations ▫ Preliminary DRAFT Land Development Plan Map Series ▫ Preliminary DRAFT Annexation Plan Map Series Future Activities: • Engagement/Outreach Events • General Endorsement of DRAFT Plan by Planning Commission and City Council for PLUS Review • Formal Review Processes 2019 Comprehensive Plan Project
Planning for a Bigger, Better Dover!
[email protected] Planning Office at 736-7196 ATTACHMENT #2 Council Committee of the Whole Meeting of 04/09/2019
BYLAWS OF DOWNTOWN DOVER PARTNERSHIP CORPORATION
ARTICLE I
Statement of purpose
The purpose of this corporation is to promote the public welfare of the residents of the City of Dover, Delaware by promoting and furthering in any way, the development of the economic, cultural, and historic resources of the downtown area of the City of Dover, and to provide for the residents, to the extent that the common good and general welfare of the community is served.
The goal of the corporation is to improve the opportunities for job creation, broaden the tax base through the development of the commercial and residential potential of the Central Dover area, and to maintain and restore the historic architectural and community qualities of the downtown area consistent with the goals of the National Main Street Program. The Downtown
Dover Partnership (hereinafter “DDP”) shall focus its efforts within the area depicted on Schedule A, which may be changed from time to time, but only by a majority vote of Board members.
ARTICLE II
SECTION 1. Control. The entire and complete control of the corporation, including all powers contemplated or provided by the laws of
Delaware for members of non-stock corporations, shall be vested in a Board of Directors.
1
Amended and approved by DDP board February 2019, subsequent City approval with edits April 9, 2019 SECTION 2. Board of Directors. The Board of Directors shall consist of seventeen (17) directors, appointed from two (2) categories. At least five (5) members of the Board of Directors must own a commercial property within the Business Improvement District or be a designee of such owners.
1. First Category.
a. Five (5) individuals, either elected or appointed, from within
the government of the City of Dover. These individuals shall
include the City Manager, the City Planner, the Mayor, and two
members of City Council, as appointed by City Council.
b. One (1) individual from State Legislature or other
representative.
2. Second Category. Eleven (11) individuals from the private sector with strong ties and commitment to revitalization of the downtown
Dover area; these individuals should not now hold full-time elected or appointed public office. These individuals must include a resident of the downtown Dover area, a downtown business owner, a downtown retailer, a real estate professional whose practice includes the downtown Dover area, a professional services representative whose practice includes the downtown
Dover area, a cultural arts representative, the chief executive officer of
Bayhealth or his/her designee, the president of Wesley College or his/her designee and the Director of Kent County Tourism of his/her designee. Such
2
Amended and approved by DDP board February 2019, subsequent City approval with edits April 9, 2019 designees must hold senior positions within their respective organizations.
Two other members must represent nonprofits, other organizations or individuals with a special interest in downtown.
SECTION 3. Appointment and term of Office. Individuals from the
City of Dover in the first category (1.a.) shall be nominated and confirmed by
City Council. The individual from state legislature or other representative in the first category (1.b.) shall be nominated by the DDP Board President and confirmed by the DDP Board
The individuals in the second category, other than the individuals representing Bayhealth, Wesley College, and the County Tourism office, will be nominated by an ad hoc nominating committee appointed annually by the
DDP Board President, and confirmed by the DDP Board. Vacancies in this category will be nominated by the DDP Board President and confirmed by the
DDP Board.
Individuals in the second category shall serve a term of three (3) years.
These members shall be eligible for re-appointment to the Board for one (1) additional three (3) year term. After two (2) consecutive terms, such an individual must remain off the Board for at least one (1) year. After such hiatus, an individual may be nominated to the Board again. The terms of members shall be staggered so that no more than four (4) positions shall be vacated in any one (1) year.
3
Amended and approved by DDP board February 2019, subsequent City approval with edits April 9, 2019 SECTION 4. Meetings. An annual meeting of the Board of
Directors shall be held during the month June of each year at such time and place as may be designated by the Board of Directors. Special meetings shall be held at the written request of the president or any two (2) Directors of the
Board. Directors shall be notified of all meetings at least seven (7) days prior to the date of the meeting.
SECTION 5. Quorum. A majority of the members of the Board of Directors shall constitute a quorum to transact business at any meeting of the Board. All transactions exceeding $50,000 must be approved by a majority of Board members. No individual can be counted toward a quorum or vote by proxy, telephone or otherwise than in personal attendance.
SECTION 6. Manner of Acting. The act of a majority of the
Directors at a meeting at which a quorum is present shall be the act of the
Board of Directors unless the act of a greater number is required by law or by these bylaws.
SECTION 7. Compensation. Directors shall not receive any salaries for their services as Directors.
SECTION 8. Attendance. Each DDP Board Member is expected to attend a majority of DDP Board Meetings throughout their tenure on the
Board. Excessive absences shall be referred to the DDP President for consideration and further action, including removal.
ARTICLE III
4
Amended and approved by DDP board February 2019, subsequent City approval with edits April 9, 2019 Membership
Membership in this corporation shall be limited, at all times, to the members of the Board of Directors.
ARTICLE IV
Functions
The Board shall conduct the business of the corporation, including, inter alia:
1. Hiring and firing the Executive Director;
2. Amending the bylaws of the corporation;
3. Determining the goals, general policies and physical strategy of the corporation;
4. Selecting projects and approving the overall budget of said projects;
5. Approving the administrative budget of the corporation at the Annual Meeting;
6. Approving the Annual Report of the corporation;
7. Approving the Annual Financial Statement of the corporation; and
8. Electing officers and filling vacancies in said offices as may occur from time to time during the year.
9. And such other business as the Board determines is
appropriate.
5
Amended and approved by DDP board February 2019, subsequent City approval with edits April 9, 2019 ARTICLE V
Officers
SECTION 1. Officers. The officers of the corporation shall be a
President, a Vice President, a Secretary, a Treasurer, and shall serve as the
DDP Executive Committee. The officers shall perform such duties as described in this Article and shall receive no compensation for these stated services.
SECTION 2. Election and Term of Office. The Officers of the corporation shall be elected annually by the Board of Director at the regular annual meeting of the Board of Directors. New offices may be created and filled at any meeting of the Board of Directors. Each officer shall hold office until his successor shall have been duly elected.
SECTION 3. Removal. Any Officer elected or appointed by the
Board of Directors may be removed by the Board of Directors whenever, in its judgment, the best interests of the corporation would be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the
Officer so removed.
SECTION 4. Vacancies. A vacancy in any office because of death, resignation, removal, disqualification or otherwise, may be filled by the Board of Directors for the unexpired portion of the term.
SECTION 5. President. The President shall:
1. Call all regular meetings of the Board;
2. Preside at all meetings of the Board;
6
Amended and approved by DDP board February 2019, subsequent City approval with edits April 9, 2019 3. Make appointments to all committees;
4. Serve as a member of any committee;
5. Perform other duties as are prescribed to the office of the
President;
6. Supervise and control all of the business and affairs of the corporation;
7. Sign, with the Secretary, or any other proper officer of the corporation authorized to so act by the Board of Directors, any deeds, mortgages, bonds, contracts, or other instruments which the Board of
Directors has authorized to be executed, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these bylaws or by statute to some other officer or agent of the corporation; and
8. Generally shall perform all duties as may be prescribed by the Board of Directors from time to time.
SECTION 6. Vice-President. In the absence of the President or in the event of his/her inability or refusal to act, the Vice-President shall perform the duties of the President and when so acting, shall have all the powers of and be subject to all the restrictions upon the President. The Vice-President shall perform such other duties as from time to time may be assigned to him/her by the President or by the Board of Directors.
SECTION 7. Secretary. The Secretary or his/her designee shall:
7
Amended and approved by DDP board February 2019, subsequent City approval with edits April 9, 2019 1. Oversee the custody of corporate records and of the seal of the corporation; and
2. Ensure minutes of the meetings of the Board of Directors are kept in one or more books or files provided for this purpose;
3. Ensure all notices are duly given in accordance with the provisions of these bylaws or as required by law;
4. Perform all the duties incident to the office of Secretary and such other duties as from time to time may have assigned him/her by the
President or by the Board of Directors.
SECTION 8. Treasurer. If required by the Board of Directors, the
Treasurer shall give bond for the faithful discharge of his duties in such sum and with such surety or sureties as the Board of Directors shall determine.
He/she shall assist the DDP Executive Director in the financial management of the DDP including:
1. Charge and custody of all funds and securities of the corporation;
2. Provision of receipts for monies due and payable to the corporation from any source whatsoever;
3. Deposit all such monies in the name of the corporation in such banks, trust companies, or other depositories;
4. Development of the annual financial statement and administrative budget;
8
Amended and approved by DDP board February 2019, subsequent City approval with edits April 9, 2019 5. Perform all the duties incident to the office of Treasurer, and such other duties as from time to time may have assigned him/her by the
President or by the Board of Directors.
SECTION 9. Executive Committee. The Executive Committee shall meet on a regular basis, not less than quarterly, to review DDP business and budget, and advise the Executive Director on matters involving Partnership resources.
The Executive Committee is empowered to act on behalf of the DDP Board other than for those items specifically reserved for Board decision as defined within these by-laws. A majority of the members of the Executive Committee shall constitute a quorum to transact business at any meeting of the
Committee. All transactions must be approved by a majority of Executive
Committee members. No individual can be counted toward a quorum or vote by proxy, telephone or otherwise than in personal attendance.
ARTICLE VI
Committees
SECTION 1. Committees.
1. There shall be six (6) standing committees: Marketing and
Promotion, Organization, Design, Economic Vitality, Merchants, and Parking and Safety. The Board of Directors, by resolution, may designate and appoint one or more additional committees. Each of which shall consist of three or more members. Said committees shall act in an advisory capacity and shall
9
Amended and approved by DDP board February 2019, subsequent City approval with edits April 9, 2019 not have nor exercise the authority of the Board of Directors in the management of the corporation.
2. The Board may create such other Ad Hoc committees as it deems appropriate from time to time, determine their purpose, membership and intended duration.
SECTION 2. Term of Office. Each member of a committee shall continue as such until the next annual meeting of the Board of Directors and until his/her successor is appointed, unless the committee shall be sooner terminated, or unless such member be removed from such committee, or unless such member shall cease to qualify as a member thereof.
SECTION 3. Chair. One member shall be appointed Chair by the DDP President. Chair of each committee shall appoint a Vice Chair.
SECTION 4. Vacancies. Vacancies in the membership of any committee may be filled by appointments made in the same manner as provided in the case of the original appointments.
SECTION 5. Quorum. Unless otherwise provided in the resolution of the Board of Directors designating a committee, a quorum of the committee is not required to conduct business but whenever an action by such committee is by less than fifty percent (50%) of its appointed members, the vote of the committee must reflect the actual number of individuals present.
10
Amended and approved by DDP board February 2019, subsequent City approval with edits April 9, 2019 SECTION 6. Rules. Each committee may adopt rules for its own government not inconsistent with these bylaws or with rules adopted by the
Board of Directors.
SECTION 7. Marketing and Promotion Committee. The Marketing and Promotion Committee will work to create a positive image for the downtown Dover area by promoting the downtown area as an exciting place to live, work, shop and invest.
SECTION 8. Organization Committee. The Organization Committee will work to encourage cooperation and leadership-building in the downtown
Dover community as well as engage volunteers and partners, and promote the DDP. The Committee will also implement a systematic process to raise funds for the corporation's programs, projects and general operating fund.
SECTION 9. Design Committee. The Design Committee will work to improve the appearance of the downtown Dover area and to educate the public and private sector about good design principles.
SECTION 10. Economic Vitality Committee. The Economic Vitality
Committee will work to rebuild and diversify the downtown Dover area's economy, specifically through business retention, recruitment and expansion strategies, including recommendation of strategic purchases and sales of downtown properties to the Board of Directors.
SECTION 11. Merchants Committee. The Merchants Committee will work to support a sustainable business community through business
11
Amended and approved by DDP board February 2019, subsequent City approval with edits April 9, 2019 communication, networking support and promotional activities to enhance and grow the downtown Business Improvement District.
SECTION 12. Parking and Safety Committee. The Parking and
Safety Committee will work to improve public parking convenience and availability, and work with partners to develop strategies to address identified safety issues in downtown Dover.
ARTICLE VII
SECTION 1. Executive Director. He/she shall be responsible for the coordination of the corporation's policies and such other duties as the
Board of Directors may require. The Executive Director shall report directly to the President.
SECTION 2. Terms of Appointment. The Executive Director shall be appointed by the Board of Directors for an indefinite term and shall serve at the pleasure of the Board of Directors.
SECTION 3. Partnership Staff. The Executive Director, in consultation with the Executive Committee, may hire staff in accordance with an approved budget. Executive Director will evaluate staff performance and recommend salary changes as he/she deems appropriate for Executive
Committee consideration. The Executive Director may hire contractual services for support of the Corporation in accordance with an approved budget.
ARTICLE VIII
12
Amended and approved by DDP board February 2019, subsequent City approval with edits April 9, 2019 Reports and Budgets
SECTION 1. Annual Reports. The Board of Directors shall direct the Executive Director to prepare an Annual Report of the Activities of the
Corporation to be submitted for action at the Annual Meeting. Said report shall thence be forwarded to the City and released to the public dissemination.
SECTION 2. Annual Financial Statement. The Board of Directors shall direct the Executive Director to prepare an Annual Financial Statement of the corporation to be submitted for action at the Annual Meeting. Said statement shall thence be forwarded to the City and released to the public dissemination.
SECTION 3. Administrative Budget. The Board of Directors shall direct the Executive Director to prepare an Administrative Budget of the corporation to be submitted for action at the Annual Meeting.
ARTICLE IX
Execution of Instruments
SECTION 1. Checks, Drafts, and Orders for Payment of Money.
Payment requests are prepared and approved by DDP office staff and/or a member of the Executive Committee. Actual checks, drafts, and orders of payment of money shall be signed and delivered in the name of the corporation by the City of Dover controller.
SECTION 2. Contracts. When the execution of any contract, conveyance or other instrument has been authorized, without specification of
13
Amended and approved by DDP board February 2019, subsequent City approval with edits April 9, 2019 the executing officer, the President and the Secretary or Treasurer may execute the same in the name and on behalf of the corporation, and may affix a “Certificate of Good Standing” from the Delaware Division of Corporations, as/if necessary. The Board of Directors shall have the power to designate the officers and agents who shall have the authority to execute any instrument on behalf of this corporation.
SECTION 3. Deposits. All funds of the corporation shall be deposited from time to time to the credit of the corporation in such banks, trust companies, or other depositories as the Board of Directors shall designate.
ARTICLE X
Gifts
The Board of Directors may accept on behalf of the corporation, any contribution, gift, bequest, or devise for the general purposes of, or for, any special purpose of the corporation.
ARTICLE XI
Internal Revenue Service Status
The corporation shall have no capital stock and is not organized for gain or profit, but is exclusively an organization for public, educational, charitable and philanthropic purposes.
ARTICLE XII
Corporate Seal
The Board of Directors shall provide a corporate seal.
14
Amended and approved by DDP board February 2019, subsequent City approval with edits April 9, 2019 ARTICLE XIII
Amendment of Bylaws
These bylaws may be amended by a vote of three-quarters of all the
Directors serving on the Board of Directors or by unanimous consent given in writing.
In addition, any changes in Article I or Article II Section 2 paragraph
1.a., First Category must be approved by Dover City Council.
ARTICLE XIV
SECTION 1. Rules. Unless otherwise specified, the Board shall observe Roberts Rules of Order in the conduct of all of its business.
SECTION 2. Suspension of the Rules. The Board may approve suspension of the rules by a vote of three-quarters of its members.
ARTICLE XV
Conflict of Interest
No director, officer, or employee of the corporation shall have or shall acquire any interest, direct or indirect, in any project which the corporation is promoting, or in any contract or proposed contract for materials or services or in any lease, mortgage, sale, or contract of any nature whatever relating to any such project or to the corporation, without forthwith making written and complete disclosure to the corporation of all material facts, including the nature and extent of his interest, and such disclosure shall be
15
Amended and approved by DDP board February 2019, subsequent City approval with edits April 9, 2019 entered in writing upon the minute book of the corporation. No Director who has such an interest shall vote on any matter relating to such interest.
ARTICLE XVI
Indemnification
Each person who is or was a director or officer of the corporation shall be indemnified by the corporation as of right to the full extent permitted or authorized by the general corporation law of Delaware against any liability, cost or expense asserted against such director or officer and incurred by such director and officer in any such person's capacity as a director or officer, or arising out of any such person's status as a director or officer. The corporation shall maintain Directors and Officers insurance, at its expense, to protect itself and any such person against any such liability, cost or expense.
16
Amended and approved by DDP board February 2019, subsequent City approval with edits April 9, 2019 SCHEDULE A
17
Amended and approved by DDP board February 2019, subsequent City approval with edits April 9, 2019
PLEASE NOTE – THIS REPORT PROVIDES TOP LINE INFORMATION ON THE OPERATING FUNDS. IF YOU WOULD LIKE ADDITIONAL INFORMATION, PLEASE FEEL FREE TO CONTACT THE FINANCE DEPARTMENT.
Finance Department & Procurement and Inventory Monthly Report February 2019
CITY OF DOVER ACTIVITY REPORTS FEBRUARY 2019
FINANCE DEPARTMENT ACTIVITY LEVELS
FY18 YTD FY19 YTD BANK TRENDS Number of Deposits Made (Hand, ACH & Wire, Lockbox) 4,483 4,632 Total Amount of All Deposits $ 90,794,271 $ 91,945,918 Other Activity Number of Pay Periods 17 17 Number of Payroll Checks & Direct Deposits Issued 6,586 6,608 Number of Pension Checks Issued 2,041 2,065 Total Pension Benefits Paid - Defined Benefit Plan $ 3,646,082 $ 3,695,676
ACCOUNTS PAYABLE Number of Check Vouchers 4,268 4,098 Number of EFT Vouchers 1,722 1,843 Vouchers Dollar Amount Disbursed $ 50,716,799 $ 50,148,305
FY18 YTD Wages FY19 YTD Wages $115,218 $69,412 $140,170 $165,257 $428,808 $511,535 $350,733 $566,191 $394,322 $384,016
$1,016,220 $889,413
$873,504 $1,006,957
$10,932,754 $11,272,258
Regular Regular All over time All over time Vacation Vacation Sick Sick Terminal Leave - Retiree Vacation/Sick Payout Terminal Leave - Retiree Vacation/Sick Payout Personal Personal Comp Time Comp Time Other Other
Page 2 Finance Department & Procurement and Inventory Monthly Report February 2019
City of Dover General Fund Summary Fiscal Year to Date (February 2019)
Revenues Budget Revised Budget Actual % Property & Transfer Taxes $ 14,733,700 $ 14,733,700 $ 14,370,656 98% Program Revenues 10,947,800 10,947,800 7,213,479 66% Utility Transfers 11,000,000 11,000,000 7,333,360 67% Grants 679,500 679,500 262,834 39% Interfund Services 5,640,100 5,640,100 2,945,902 52% All Other* 978,400 978,400 502,004 51% $ 43,979,500 $ 43,979,500 $ 32,628,235 74% *Includes: Franchise Fees, Miscellaneous Revenues, Garrison Farm Rent, Verizon Grant and Other Reserves
Expenditures Budget Revised Budget Actual % Program Expenditures $ 27,552,700 $ 28,052,700 $ 15,984,201 57% Interfund Services 9,988,300 10,088,300 5,780,869 57% Debt Service 500,000 500,000 316,095 63% Post Retirement Benefits 1,894,900 1,894,900 1,263,280 67% Pension Fund Contributions 1,051,000 1,051,000 639,251 61% Capital Project Transfers 3,013,800 3,432,000 2,260,350 66% All Other* 1,818,000 1,318,000 963,512 73% $ 45,818,700 $ 46,336,900 $ 27,207,558 59%
*Includes: DDP Contribution, Misc. Grant Exp., Bank and CC Fees, Street Lights Expense, transfer to Electric I&E, Other Employment Expense & Uncollectibles: Trash and Other.
Page 3 Finance Department & Procurement and Inventory Monthly Report February 2019
General Fund Revenues $16,000,000
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$- Property & Transfer Program Revenues Utility Transfers Grants Interfund Services All Other* Taxes Budget Revised Budget Actual
General Fund Expenditures
$30,000,000
$25,000,000
$20,000,000
$15,000,000
$10,000,000
$5,000,000
$-
Budget Revised Budget Actual
Page 4 Finance Department & Procurement and Inventory Monthly Report February 2019
City of Dover Water/Wastewater Fund Summary Fiscal Year to Date (February 2019)
Revenues Budget Revised Budget Actual % Customer Sales $ 14,150,400 $ 14,150,400 $ 9,594,045 68% Impact Fees 870,000 870,000 952,692 110% Rents 400,600 400,600 247,872 62% Miscellaneous 69,600 69,600 51,725 74% $ 15,490,600 $ 15,490,600 $ 10,846,334 70%
Expenditures Budget Revised Budget Actual % Program Expenses $ 4,044,400 $ 4,044,400 $ 2,335,807 58% Kent County Treatment Fee 3,750,000 3,750,000 2,847,150 76% Interfund Services 1,764,600 1,764,600 965,703 55% Debt Service 1,131,700 1,131,700 655,160 58% Post Retirement Benefits 256,900 256,900 143,600 56% Capital Project Transfers 3,600,000 3,600,000 2,700,000 75% Electric I&E Transfer 298,000 298,000 - 0% General Fund Transfer 1,000,000 1,000,000 666,720 67% All Other* 98,000 98,000 40,241 41% $ 15,943,600 $ 15,943,600 $ 10,354,381 65%
*Includes: Bank & CC Fees, Bond Issuance Cost, Other Employment Expenses
Page 5 Finance Department & Procurement and Inventory Monthly Report February 2019
Water/Wastewater Revenues $16,000,000
$14,000,000
$12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$- Customer Sales Impact Fees Rents Miscellaneous Budget Revised Budget Actual
Water/Wastewater Expenses $4,500,000
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$- Program Kent County Interfund Debt Service Post Retirement Capital Project Electric I&E General Fund All Other* Expenses Treatment Fee Services Benefits Transfers Transfer Transfer Budget Revised Budget Actual
Page 6 Finance Department & Procurement and Inventory Monthly Report February 2019
City of Dover Electric Fund Summary Fiscal Year to Date (February 2019)
Revenues Budget Revised Budget Actual % Customer Sales $ 82,491,700 $ 82,491,700 $ 57,246,823 69% Distribution of Earnings (2,877,400) $ (2,877,400) (1,993,289) 69% All Other* 951,200 951,200 716,627 75% $ 80,565,500 $ 80,565,500 $ 55,970,161 69% *Includes: Miscellaneous Revenue, Interest Earnings Expenditures Budget Revised Budget Actual % Power Supply & Generation $ 48,600,100 $ 48,600,100 $ 29,655,349 61% Electric Operating Division Exp. 6,614,900 6,614,900 3,553,578 54% Interfund Services 3,875,500 3,875,500 1,980,199 51% Debt Service 1,584,700 1,584,700 1,000,984 63% Post Retirement Benefits 721,400 721,400 480,960 67% Capital Project Transfers 6,400,000 6,400,000 4,800,000 75% General Fund Transfer 10,000,000 10,000,000 6,666,640 67% Depreciation Reserve 2,500,000 2,500,000 - 0% Rate Stabilization Reserve - 163,800 (125) 0% All Other* 2,184,800 2,021,000 1,094,822 54% $ 82,481,400 $ 82,481,400 $ 49,232,407 60% *Includes: Bank & CC Fees, Bond Issuance Costs, Utility Tax, Interest on Deposit, Legal Exp., Green Energy, A/R Write-offs, Inventory Reserve, Other Employment Expenses
Megawatt Hours Sold & Purchased Budget Rev. Budget Actual Sales to Customers MWh (excl. Street Light MWh) 741,430 741,430 521,534 Sales per MWh $105.63 $105.63 $104.27 Purchased/Generated MWh 772,323 - 772,323 - 541,654 - All In MWh Supply & Generation $62.93 $62.93 $54.75
Page 7 Finance Department & Procurement and Inventory Monthly Report February 2019
Electric Fund - Revenues
Millions $(10) $- $10 $20 $30 $40 $50 $60 $70 $80 $90
Budget
Revised Budget Actual
Customer Sales Distribution of Earnings All Other*
Electric Fund - Expenditures
$55,000,000 $50,000,000 $45,000,000 $40,000,000 $35,000,000 $30,000,000 $25,000,000 $20,000,000 $15,000,000 $10,000,000 $5,000,000 $- $(5,000,000) Electric Post Rate Power Supply Interfund Capital Project General Fund Depreciation Operating Debt Service Retirement Stabilization All Other* & Generation Services Transfers Transfer Reserve Division Exp. Benefits Reserve Budget $48,600,100 6,614,900 3,875,500 1,584,700 721,400 6,400,000 10,000,000 2,500,000 - 2,184,800 Revised Budget $48,600,100 6,614,900 3,875,500 1,584,700 721,400 6,400,000 10,000,000 2,500,000 163,800 2,021,000 Actual $29,655,349 3,553,578 1,980,199 1,000,984 480,960 4,800,000 6,666,640 - (125) 1,094,822
Budget Revised Budget Actual
Page 8 Finance Department & Procurement and Inventory Monthly Report February 2019
City of Dover Division Expense Summary (General Fund) Fiscal Year to Date (February 2019)
Budget Revised Budget Actual % General Fund Divisions % of Budget City Clerk $ 442,500 $ 442,500 $ 257,108 58% Council 144,800 144,800 74,399 51% Mayor Tax Assessor 244,500 244,500 149,429 61% Human Resources Fire 789,800 789,800 492,933 62% Customer Services
Grounds 1,195,000 1,195,000 725,424 61% Vehicle Maintenance Library 1,767,400 1,767,400 1,075,945 61% Procurement & Inventory Recreation 1,000,600 1,000,600 496,360 50% Life Safety 504,200 504,200 319,005 63% Engineering Code Enforcement 610,500 610,500 304,334 50% Facilities Management Planning 568,200 568,200 363,814 64% Pub. Services Administration Public Inspections 568,100 568,100 344,361 61% Finance Police 16,737,500 16,737,500 10,076,400 60% Information Technology Police Extra Duty 600,000 600,000 279,468 47% City Manager Streets 1,409,100 1,409,100 592,498 42% Sanitation 2,475,200 2,475,200 1,333,909 54% Sanitation City Manager 1,005,200 1,005,200 489,795 49% Streets Information Technology 731,000 731,000 522,593 71% Police Extra Duty
Finance 946,200 946,200 541,555 57% Police Pub. Services Administration 720,800 720,800 450,189 62% Public Inspections Facilities Management 652,900 652,900 393,196 60% Engineering 277,600 277,600 155,745 56% Planning Procurement & Inventory 726,000 726,000 387,582 53% Code Enforcement Vehicle Maintenance 832,500 882,500 544,194 62% Life Safety Customer Services 1,197,100 1,197,100 706,566 59% Recreation Human Resources 485,600 535,600 252,533 47% Library Mayor 173,700 173,700 65,910 38% Grounds $ 36,806,000 $ 36,906,000 $ 21,395,245 Fire
Tax Assessor Council City Clerk
0% 10% 20% 30% 40% 50% 60% 70% 80%
Page 9 Finance Department & Procurement and Inventory Monthly Report February 2019
City of Dover Utilities Summary Fiscal Year to Date (February 2019)
Water/Wastewater Divison Expenses Budget Revised Budget Actual % Engineering & Inspection $ 502,400 $ 502,400 $ 266,078 53% Water Department 750,000 750,000 384,336 51% Water Treatment Plant 1,805,800 1,805,800 1,069,191 59% Wastewater Department 986,200 986,200 616,202 62% $ 4,044,400 $ 4,044,400 $ 2,335,807
Electric Division Expenses Budget Revised Budget Actual % Transmission/Distribution $ 3,673,500 $ 3,673,500 $ 1,945,720 53% Electrical Engineering 1,223,500 1,223,500 668,583 55% Administration 625,400 625,400 293,069 47% Meter Reading 401,800 401,800 249,392 62% Systems Operations 690,700 690,700 396,814 57% $ 6,614,900 $ 6,614,900 $ 3,553,578
Water/Wastewater Division % of Budget
Wastewater Department
Water Treatment Plant
Water Department
Engineering & Inspection
0% 10% 20% 30% 40% 50% 60% 70%
Electric Division % of Budget
Systems Operations
Meter Reading
Administration
Electrical Engineering
Transmission/Distribution
0% 10% 20% 30% 40% 50% 60% 70% Page 10 Finance Department & Procurement and Inventory Monthly Report February 2019
City of Dover Capital Outlay Summary (All Funds) Fiscal Year to Date (February 2019)
General Fund Budget Revised Budget Actual % Fire $ 222,500 $ 222,500 $ 190,922 86% Grounds Maintenance 188,000 250,500 57,849 31% Recreation 536,100 755,600 65,528 12% Police 512,000 602,300 395,551 77% Sanitation 34,400 452,600 - 0% Streets 2,215,000 2,909,800 296,798 13% City Manager - 19,500 19,500 0% Information Technology 57,600 57,600 15,541 27% Facilities Management 28,800 53,900 47,432 165% General Fund Capital Projects $ 3,794,400 $ 5,324,300 $ 1,089,121 29%
Water/Wastewater Fund Water $ 515,300 $ 766,100 $ 378,422 73% Wastewater 2,505,200 3,338,100 284,918 11% Water Treatment Plant 4,000,000 6,468,200 783,082 20% Water/Wastewater Capital Projects $ 7,020,500 $ 10,572,400 $ 1,446,422 21%
Electric Fund Electric Generation $ 1,546,000 $ 1,658,000 $ 223,038 14% Transmission/Distribution 1,383,000 1,474,900 310,210 22% Electrical Engineering 2,245,500 2,362,800 171,772 8% Electric Administration 1,175,200 1,175,200 - 0% ERP System 548,000 2,057,000 506,768 92% Electric Capital Projects $ 6,897,700 $ 8,727,900 $ 1,211,788 18%
Page 11 Finance Department & Procurement and Inventory Monthly Report February 2019
Capital Outlay - All Divisions
$4,000,000
$3,500,000
$3,000,000
$2,500,000
$2,000,000
$1,500,000
$1,000,000
$500,000
$-
Budget Revised Budget Actual
Capital Outlay - By Fund $12,000,000
$10,000,000
$8,000,000
$6,000,000
$4,000,000
$2,000,000
$- Budget Revised Budget Actual General Fund Capital Projects Water/Wastewater Capital Projects Electric Capital Projects Page 12 Finance Department & Procurement and Inventory Monthly Report February 2019
February 2019 Procurement & Inventory Report Measure FY 2019 FY 2018 DIFFERENCE Issue Effectiveness – How often the FY 2019 (To date) FY 2018 (Total) warehouse has what the departments [2,584/(2,584+101)]*100 [4,471/(4,471+168)]*100 -0.14% need when it’s needed. 96.24% 96.38 % [issues / (issues + back orders)] * 100
Turn Over Rate – Indicates that the material stocked is the material being 0.58 Turnovers per 0.89 Turnovers per -0.31 Turnovers used. (2018-2019 Goal 1 per year) year year per year WITHOUT TRANSFORMERS
BID STATUS REQUESTING COMMODITY BID NUMBER TERM STATUS as of March 1, 2019 DEPARTMENT Engineering Services for Forwarded to Electric on 19-0013EL Three Year Electric Electric Department 2/6/2019. Directional Boring for Towne Forwarded to Electric on 19-0014EL Two Year Electric Point 2/13/2019 Downtown Dover Parking RFP opening scheduled for Garage & Commercialization 19-0015CM One Time City Manager May 29, 2019 @ 11:00 a.m. Project Bid opening scheduled for Generator Maintenance 19-0016COD Three Year City Wide March 27, 2019 @ 2:00 pm
FUEL USE FY 2019 TO DATE FY 2018 TO DATE STOCK WITH OVER 60 MONTH SUPPLY (5 YEARS) Unleaded: 87,609 gallons 86,583 gallons Electric: $ 428,317.71 314 Line Items Diesel: 47,293 gallons 49,649 gallons Water: $ 19,431.15 44 Line Items Dollars Spent: $272,690.20 $244,619.82 General: $ 41,536.56 150 Line Items Total: $ 489,285.42 508 Line Items
Purchase Orders for Stock by Fund Issues from Stock by Fund FY 2019 TO DATE FY 2018 TO DATE FY 2019 TO DATE FY 2018 TO DATE Electric: $552,371.54 $958,524.94 Electric: $661,637.67 $ 1,071,061.65 Water: $113,436.26 $ 91,577.10 Water: $ 111,074.10 $ 88,924.66 Wastewater: $ 2,598.77 N/A Wastewater: $ 2,204.77 N/A General: $ 77,164.11 $ 84,725.26 General: $ 73,614.51 $ 83,297.07 Total: $745,570.68 $1,134,827.30 *Total: $848,531.05 $1,243,283.38
Warehouse Stock Money Spent for Postage/Postal Services FY2019 FY2018 FY 2019 TO DATE FY2018 TO DATE Total Dollar Value: $2,100,540.39 $2,077,106.41 $88,981.77 $88,806.44 Total Line Items: 1,293 1,301
* Total of Issues from Stock by Fund includes Issues from Sale from Stock (SS) and Electric Returns (ER).
Page 13 CITY OF DOVER City Council Meeting FISCAL YEAR JULY 1, 2018 TO JUNE 30, 2019 Apr 22, 2019 1 of 2 QUARTERLY REVENUE REPORT As of March 31, 2019
75.0% FY19 YTD % BUDGET FY19 FY20 FY18 FY17 GENERAL FUND BUDGET REVENUES RECEIVED Revised PROJ'D COMMENTS REVENUES REVENUES 1 Property Taxes $ 12,822,100 $ 12,902,700 100.6% $ 12,915,300 $ 12,960,200 $ 12,714,400 $ 12,524,200 2 Payment In Lieu of Taxes 452,300 515,000 113.9% 525,000 525,000 $428,700 from the Office of the Secretary 350,700 371,400 3 Transfer from Electric Fund 10,000,000 10,000,000 100.0% 10,000,000 10,000,000 10,000,000 10,000,000 4 Intrafund Service Receipts Electric 3,875,500 2,255,200 58.2% 3,875,500 3,483,600 3,539,600 3,425,000 5 Transfer from Transfer Tax Fund 1,459,300 1,192,900 81.7% 1,586,700 1,525,000 2,023,100 1,633,600 6 Business Licenses 1,470,000 1,428,500 97.2% 1,440,000 1,470,000 1,473,300 1,462,400 7 Intrafund Service Receipts Water/Wastewater 1,764,600 1,109,100 62.9% 1,764,600 1,738,500 1,672,900 1,583,000 8 Sanitation Fees 3,095,400 2,298,300 74.2% 3,064,600 3,076,600 3,133,400 2,514,600 9 Permits & Other Licenses 1,969,000 1,221,300 62.0% 1,630,400 1,724,000 2,255,300 2,069,700 10 Transfer from Municipal Street Aid Fund 665,300 402,800 60.5% 803,700 665,300 666,100 673,400 11 Fines & Police Revenue 751,600 432,000 57.5% 578,800 577,400 613,100 679,100 12 Police Extra Duty Fees 510,000 267,800 52.5% 539,100 520,100 517,800 497,200 13 Transfer from Police Grant Funds 90,000 28,800 32.0% 60,000 145,000 123,100 239,800 14 Court of Chancery Fees 1,439,500 1,040,300 72.3% 1,526,000 1,475,000 March not yet received 1,496,500 1,343,000 15 Transfer from Water/Wastewater Fund 1,000,000 750,000 75.0% 1,000,000 1,000,000 900,000 875,000 16 Transfer from Civil Traffic Penalties Fund 497,000 329,400 66.3% 532,900 532,900 March not yet received 508,000 463,600 17 Library Revenues & County Reciprocal Pymt 400,000 302,600 75.7% 399,100 384,800 392,100 380,500 18 Franchise Fees 685,600 329,300 48.0% 637,200 645,000 March not yet received 656,300 690,800 19 General Fund Grant Receipts 589,500 249,300 42.3% 564,500 543,500 584,800 556,000 20 Recreation Revenue 150,000 101,900 67.9% 144,500 144,500 137,900 169,000 21 Other Miscellaneous Receipts 154,900 130,100 84.0% 160,500 168,000 181,200 212,900 22 Interest Income 137,900 64,400 46.7% 119,300 120,000 202,000 154,500
TOTALS $ 43,979,500 $ 37,351,700 84.9% $43,867,700 $ 43,424,400 $ 44,141,600 $ 42,518,700 Final Budget $ 42,974,800 $ 42,304,100
CITY OF DOVER City Council Meeting FISCAL YEAR JULY 1, 2018 TO JUNE 30, 2019 Apr 22, 2019 2 of 2 QUARTERLY REVENUE REPORT As of March 31, 2019
75.0% FY19 YTD % BUDGET FY19 FY20 FY18 FY17 WATER/WASTEWATER FUND BUDGET REVENUES RECEIVED Revised PROJ'D COMMENTS REVENUES REVENUES 1 Water Fees $ 5,897,400 $ 4,249,300 72.1% $ 5,463,000 $ 5,530,800 $ 5,584,500 $ 5,776,100 2 Wastewater Fees 3,620,600 2,798,400 77.3% 3,794,600 3,654,700 3,612,200 3,718,700 3 Wastewater Adjustment Fees - County Trtmt 2,819,300 2,184,600 77.5% 2,970,000 3,267,000 2,813,900 2,912,700 4 Groundwater Inflow Adjustment 1,813,100 1,398,400 77.1% 1,901,200 1,841,900 1,800,200 1,863,200 5 Water Impact Fees 450,000 560,000 124.4% 620,600 420,000 1,069,700 672,100 6 Wastewater Impact Fees 420,000 512,700 122.1% 574,200 380,000 962,700 611,800 7 Water Tank Space Leasing 400,600 251,600 62.8% 400,600 410,200 390,600 376,200 8 Interest Income 15,200 37,600 247.4% 30,000 20,000 38,600 15,700 9 Other Miscellaneous Revenues 54,400 21,100 38.8% 12,700 45,900 45,800 86,100
TOTALS $ 15,490,600 $ 12,013,700 77.6% $15,766,900 $ 15,570,500 $ 16,318,200 $ 16,032,600 Final Budget $ 15,439,000 $ 15,467,200
75.0% FY19 YTD % BUDGET FY19 FY20 FY18 FY17 ELECTRIC REVENUE FUND BUDGET REVENUES RECEIVED Revised PROJ'D COMMENTS REVENUES REVENUES 1 Sales to Customers $ 81,192,600 $ 62,431,000 76.9% $ 82,607,300 $ 82,686,400 $ 81,494,300 $ 80,624,300 2 Distribution of Earnings (2,877,400) (2,202,000) 76.5% (2,989,900) (2,873,800) (6,337,100) (1,845,900) 3 Utility Tax 1,299,100 968,400 74.5% 1,320,700 1,322,000 1,255,100 1,322,000 4 Miscellaneous Revenue 756,200 617,900 81.7% 758,800 765,400 780,000 922,100 5 Interest Income 195,000 170,200 87.3% 195,000 195,000 218,700 218,000
TOTALS $ 80,565,500 $ 61,985,500 76.9% $81,891,900 $ 82,095,000 $ 77,411,000 $ 81,240,500 Final Budget $ 75,697,500 $ 79,428,600 Memorandum
To: Mayor and City Council
From: Donna Mitchell, City Manager
Date: April 16, 2019
Subject: Semi-Annual Inspection – Robbins Hose Company
In accordance with Section 46-43 of the City Code, the City Manager performed the required semi-annual inspection of the Dover Fire Department on Monday, April 15 with Chief Ron Rhodes. This inspection was held at Robbins Hose Station No. 1. The station continues to be maintained in accordance with best practices as well is the fire apparatus and equipment.
There is a condensation problem with the ceiling air conditioner in the Dispatch Office as observed by the stained ceiling tiles. The Department has plans to move the air conditioner from the ceiling and install a wall unit that would vent into the engine bay to address this issue. The cost to the Department will be approximately $9,000. In accordance with prior agreements, the Fire Department covers building maintenance improvements to Station 1 and the City agreed to address the improvements needed for Station 2.
An initial budget meeting was held with the Fire Company on January 23, 2019. On March 28, 2019 a tentative budget was developed (subject to Council approval) for the Fire Department and emailed to them for review and approval.
In the last Inspection Report, several capital improvement items were notated. We held a joint meeting and site visit on March 11, at Station 2. The HVAC Contractor for the Fire Department was present at the meeting as well. The City Facilities Manager and the Fire Department have worked together to obtain estimates for inclusion in the FY20 Budget for these building improvements. You will see these during the budget meetings.
Chief Rhodes developed a formal training program for the dispatchers and presented it to the City on November 13, 2018. The Chief is pleased with the current success of the program. Based on my discussions with Chief Rhodes, he is very engaged in personnel matters and the overall Fire Department operations.
Once again, everyone was extremely helpful with the inspection. Please feel free to contact me if you have any questions or concerns.
cc: Ron Rhodes., Fire Chief Carter Knotts, Fire Chief’s Assistant Mike Hamlett, Fleet Maintenance and Facilities Manager TO: Mayor and Members of City Council FROM: Traci A. McDowell, City Clerk DATE: April 22, 2019 SUBJECT: April 16, 2019 Regular Municipal Election Results
Following are the results of the 2019 Regular Municipal Election, as certified by the Election Board:
Candidate Votes % of District % of District Votes Voters MAYOR ROBIN R. CHRISTIANSEN UNOPPOSED FIRST (1ST) DISTRICT MATTHEW J. LINDELL UNOPPOSED SECOND (2ND) DISTRICT Anthony Egipciaco, Jr. 16 6.43% 0.23% Albert W. Holmes, Jr. 81 32.53% 1.16% Ralph L. Taylor, Jr. 148 59.44% 2.11% Faye D. White 4 1.61% 0.06% TOTAL VOTES CAST - 2nd DISTRICT 249 TOTAL 2nd DISTRICT REGISTERED VOTERS 7,003 % OF 2nd DISTRICT VOTERS 3.56% THIRD (3RD) DISTRICT SCOTT W. COLE UNOPPOSED FOURTH (4TH) DISTRICT ROY SUDLER, JR. UNOPPOSED TAM/dld S:\CAFS\ELECTION RELATED\2019 Election Results for Council Packet.wpd FIRST READING
CITY OF DOVER PROPOSED ORDINANCE #2019-10
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET:
3 That Chapter 90 - Solid Waste, of the Dover Code, be amended by inserting the text indicated in 4 bold, blue, font and deleting the text indicated in red strikeout as follows:
5 Chapter 90 - SOLID WASTE[1]
6 Footnotes: 7 --- (1) --- 8 Charter reference – Power of city to legislate for health, safety and welfare of community, subpart 9 A, §§ 2, 17. 10 State Law reference – Refuse generally, 16 Del. C. § 1701 et seq.
11 Sec. 90-1. - Definitions.
12 The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed 13 to them in this section, except where the context clearly indicates a different meaning:
14 Alley means any public way, generally of less width than a street, used for public utility purposes 15 and right-of-way, and as an alternate secondary or emergency route for vehicle and pedestrian 16 traffic, generally situated at the rear of or along side a tier of lots.
17 Apartment means a suite or set of rooms, with necessary appurtenances, in a building occupied 18 or suitable to be occupied as a dwelling unit.
19 Apartment complex means an assemblage of large multiple dwelling unit buildings located in 20 zones RG-2 and RG-4 as defined by appendix B to this Code pertaining to zoning.
21 Apartment house means an owner-occupied dwelling unit with apartments, or a building, 22 formerly a residence, converted into apartments.
23 Automated Collection means the use of fully- or semi-automated mechanized lift collection 24 vehicles with authorized containers.
25 Brush means a nonputrescible solid waste consisting of tree, shrub and hedge clippings, 26 provided that trunks and limbs do not exceed three inches in diameter and are cut in 27 lengths not to exceed four feet.
28 Building code means the current edition of the city building code, adopted in article III of 29 chapter 22.
30 Bulk residential household waste means materials too bulky to fit in city issued solid waste 31 containers permitted in Section 90-4. 32 Bulk residential yard waste means yard waste material too bulky to fit in private yard waste 33 containers permitted in Section 90-4.
34 Commercial establishment means any structure intended or used for the purpose of conducting 35 a commercial business enterprise. Proposed Ordinance #2019-10 - Chpt. 90 - Solid Waste Page 2
36 Container means a receptacle for the deposit of solid waste.
37 Drive-in service means a service involving city sanitation department employees driving in or 38 on private property to collect commercial accounts.
39 Duplex means a structure intended for use and occupancy as two-family dwelling units.
40 Dwelling unit means a dwelling unit as defined by the city's building code (article III of 41 chapter 22).
42 Food establishment means a cafe, restaurant, or other similar establishment serving food or food 43 products, including quick service drive-ins where food is prepared or served.
44 Garbage means solid waste consisting of putrescible animal and vegetable waste materials 45 resulting from the handling, preparation, cooking and consumption of food, including waste 46 materials from markets, storage facilities, handling and sale of produce and other food products.
47 Health inspector means the head of the health department, or anyone authorized to act for him.
48 Illegally dumped solid waste means any solid waste placed on properties, with or without the 49 consent of the owner or person in control, where such waste constitutes a nuisance detrimental 50 to the public health and welfare.
51 Industrial solid waste means waste that is generated by businesses from an industrial or 52 manufacturing process.
53 Institution and institutional mean any church, church building or structure housing any 54 charitable, philanthropic or eleemosynary undertaking, or any school, or any publicly owned or 55 governmental building.
56 Manager means the person in charge of real estate used for apartment, institutional or 57 commercial purposes.
58 Manual collection means the service rendered in collecting municipal solid waste from 59 containers, which when containers can be handled, in part, by persons picking up the containers 60 as distinguished from automated collection. picking up containers by mechanical means and 61 which containers are too large for handling by manual means.
62 Municipal solid waste and solid waste mean solid waste resulting from or incidental to 63 municipal, community, trade, business, and recreational activities, including garbage, rubbish 64 (or trash), ashes, street cleanings, and all other solid waste, other than industrial solid waste.
65 Newsprint means a common and inexpensive machine-finished paper made chiefly from wood 66 pulp, including, but not limited to, newspapers, magazines, periodicals, telephone books and 67 catalogues.
68 Occupant means the person residing in a dwelling unit, specifically the head of such household.
69 Owner means the record title holder of real property.
70 Permittee means any person licensed by the state solid waste authority to contract to collect, 71 remove or dispose of solid waste. Proposed Ordinance #2019-10 - Chpt. 90 - Solid Waste Page 3
72 Property line means the peripheral boundary of real estate.
73 Public easement means a right-of-way used or dedicated to be used by any public utility, 74 including, but not limited to, services such as electricity, telephone, gas, solid waste collection, 75 water, sewer and drainage.
76 Public way means any street, alley, easement or other right-of-way.
77 Recyclable Material or Recyclables means any material or group of materials that can be 78 collected and sold or used for recycling as designated by the Delaware Solid Waste 79 Authority and/or State of Delaware.
80 Recycling means the process by which solid wastes are separated for use as raw materials, 81 product or replacement of product.
82 Residence means a structure intended for use and occupancy as a one-family dwelling unit.
83 Rubbish and trash mean all waste or refuse of any kind, including garbage, either combustible 84 or noncombustible in nature, having little or no value except as waste or refuse.
85 Sanitary landfill means a method of disposing of municipal solid waste on land, without creating 86 a nuisance or hazard to public health or safety, by utilizing the principles of engineering to 87 confine the solid waste to the smallest practical area to reduce it to the smallest practical volume, 88 and to cover it with a layer of earth at appropriate intervals.
89 Street means any public thoroughfare for the passage of vehicle and pedestrian traffic.
90 Vehicle means any wheeled conveyance.
91 Yard waste means plant material residues resulting from lawn maintenance and other 92 horticultural gardening and landscaping activities including grass, leaves, prunings, brush, 93 shrubs and garden material provided that trunks and limbs do not exceed three inches in 94 diameter and are cut in lengths not to exceed four feet. Leaves are considered yard waste 95 except during times leaf collection is provided as scheduled by the city manager or his/her 96 designee. Yard waste may not be comingled with trash, garbage or any other non-yard 97 waste material.
98 (Code 1981, § 8-1; Ord. of 5-24-1982)
99 Sec. 90-2. - Unlawful deposits.
100 (a) On outside premises. It shall be unlawful for any person to place, deposit, discard, or 101 otherwise cause to be put yard waste brush, garbage, rubbish, or any other type of waste 102 on any outside premises within the city, whether public or private, in such a manner as to 103 cause unsanitary, unsightly, or unhealthy conditions, except at such places as are, have 104 been, or shall be designated by the city manager, and except in accordance with other 105 provisions of this chapter. For the purposes of this subsection, the term "outside premises" 106 includes, but is not limited to, streets, alleys, sidewalks, ditches, yards, lots, fields, 107 streams, and exterior portions of buildings.
108 (b) Inspections; citations. The city code enforcement officer manager or his designee shall 109 regularly inspect all outside premises to enforce the provisions of subsection (a) of this Proposed Ordinance #2019-10 - Chpt. 90 - Solid Waste Page 4
110 section. The city code enforcement officer manager or his designee shall issue citations 111 for violations hereof and may abate such conditions pursuant to the provisions of the 112 Charter and this Code.
113 (c) Removal. The city reserves the right to remove waste determined by the code 114 enforcement officer to cause unsanitary or unhealthy conditions or cause a public 115 nuisance should the owner, occupant or person notified fail to remove the waste and 116 address the public concern in an expedient fashion. In such cases the owner, occupant 117 or person notified will be billed for the waste removal.
118 (c) (d) Prosecution; presumptions. In the prosecution of a violation of subsection (a) of this 119 section, the following presumptions shall apply:
120 (1) Owner, occupant. If the condition resulting from the violation was found on premises 121 owned and/or occupied by the person to whom notice was given, then it shall be 122 presumed that said owner and/or occupant was responsible for said condition. If the 123 person to whom notice was given fails to remove or otherwise correct said 124 condition without notifying notify the city code enforcement officer manager of 125 his failure to do so that he or she is not responsible for said condition within 126 seven ten days of the sending of the notice, then it shall be presumed that the said 127 person notified was in fact responsible for said conditions not being removed. The 128 presumptions described above are rebuttable by the person charged and must be 129 rebutted by clear and convincing a preponderance of the evidence in order for the 130 person so charged to be exonerated.
131 (2) Multiple dwelling units. If the condition resulting from the violation was found on 132 the property whereon multiple dwelling units exist and the party actually committing 133 the violation cannot with reasonable certainty be determined, then it shall be 134 presumed that the owner or manager of the subject premises, upon being given 135 notice, is the party responsible for ensuring that the condition is removed from the 136 premises.
137 (Code 1981, § 8-2; Ord. of 5-24-1982)
138 Sec. 90-3. - Litter, trash, or garbage falling from vehicles.
139 It shall be unlawful for any person engaged in commercial or for-hire hauling to operate any truck 140 or other vehicle within the limits of the city to transport litter, trash, or garbage unless said vehicle 141 is covered to prevent its contents from blowing, dropping or falling off or otherwise departing from 142 the vehicle. In addition, any person operating his own truck or other vehicle to transport litter, trash 143 or garbage shall take reasonable steps to prevent its contents from blowing, dropping or falling off 144 or otherwise departing from the vehicle, provided, no vehicle hauling predominately metallic 145 material shall be required to be covered if it is loaded in a manner which will prevent such material 146 from falling or dropping from the vehicle.
147 (Code 1981, § 8-3; Ord. of 5-24-1982)
148 Sec. 90-4. - Containers generally.
149 (a) Duty to provide. Every person occupying a residence or duplex and every owner of an 150 apartment shall provide such premises with a sufficient number of city issued solid waste 151 containers for automated collection unless such premises is otherwise designated by Proposed Ordinance #2019-10 - Chpt. 90 - Solid Waste Page 5
152 the city manager, or his/her designee, to be located in an area designated for manual 153 collection. to provide adequate capacity for the solid waste Solid waste containers 154 placed out for collection shall be done so in such a manner as to not overload without 155 overloading the capacity of the containers. Occupants of residences or duplexes and 156 owners of apartments requesting yard waste collection shall provide their own 157 containers for manual collection, not to exceed 35 gallons in size. A maximum of 5 158 yard waste containers may be placed for collection. Yard waste placed in plastic bags 159 will not be collected.
160 (b) Construction. Solid waste containers shall be watertight and constructed of a solid and 161 durable grade of metal or plastic material. Plastic bags may be used as solid waste 162 containers, provided they conform to the requirements of subsection (h) of this section.
163 (c) Weight. In the case of those containers which are manually emptied by the sanitation 164 department employees of the city, the combined weight of the waste and container shall 165 not exceed 75 pounds. Containers exceeding these requirements will not be collected.
166 (d) Underground. Underground containers are prohibited for use in the city.
167 (e) Handles; cover. All containers for manual collection, except plastic bags, shall be 168 provided with suitable lifting handles on the outside and a close-fitting or other approved 169 cover equipped with a handle, and shall not exceed 35 30 gallons.
170 (f) Condition. Containers shall not contain any inside structures, such as bands or reinforcing 171 angles, or anything within the container to prevent the free discharge of the contents. 172 Containers that have deteriorated or that have become damaged to the extent that the 173 covers therefor will not fit securely or that they have jagged or sharp edges capable of 174 causing injury to sanitation department employees or other persons whose duty it is to 175 handle such containers shall be condemned by the city. City issued solid waste 176 containers will be replaced by the city as required. Private yard waste containers 177 must be replaced by the owner or user. and if If such containers are not replaced after 178 notice to the owner or user, such containers will be removed along with the contents 179 thereof.
180 (g) Lid. The lid shall be close-fitting and shall remain in place, covering the container or 181 receptacle at all times when there is any material in the container. The lids may be 182 attached by an appropriate means to the rack upon which the containers are placed 183 or to an adjacent fence or other appropriate fixed object in order to prevent the lids 184 from getting into the pathway of vehicles; provided, however, that no lid shall be 185 attached to the container itself. Containers which have the lids directly attached to 186 them constitute a hazard to sanitation department employees engaged in the 187 collection of solid waste and shall be condemned by the city, and if such attachments 188 are not removed after notice to the owner or user, such containers will be removed 189 along with the contents thereof.
190 (h) Plastic bags. Plastic bags shall be constructed of a material and in a manner sufficiently 191 adequate in strength and weight to keep the contents from rupturing such bags. All plastic 192 bags shall be secured at the top to prevent spillage. Plastic bags shall be used to place 193 trash in solid waste containers and in designated manual collection areas. A 194 maximum of 5 plastic bags may be placed for manual collection. Yard waste may not 195 be placed out for collection in plastic bags. Proposed Ordinance #2019-10 - Chpt. 90 - Solid Waste Page 6
196 (Code 1981, § 8-4; Ord. of 5-24-1982)
197 Sec. 90-5. - Removal of bulky materials, refuse, and leaves.
198 (a) Bulky materials. Bulk residential household waste and bulk residential yard waste 199 shall be collected on a schedule set forth by the city manager or his/her designee. 200 Special arrangements shall be made with the city manager for collection of brush, 201 tree clippings or other substances too bulky to be placed in those refuse containers 202 permitted by section 90-4. Piles placed out for collection shall not exceed 4 feet wide 203 by 4 feet tall by 8 feet long. Piles shall be placed at or just behind the face of the 204 curbline. Piles shall not be placed directly under power lines or against buildings or 205 fences which would prohibit and/or impede collection. Materials set out for collection 206 that are not in accordance with the designated schedule or size parameters will not 207 be collected without being first assessed, by the city manager or his/her designee, a 208 charge appropriate to the cost of providing the service.
209 (b) Refuse.
210 (1) Depositing prohibited. It shall be unlawful and a nuisance for any person to throw, 211 deposit or wash, or permit to be thrown, deposited or washed, any advertising matter, 212 paper, rubbish, refuse, garbage, grass clippings, yard waste brush, etc., or other 213 offensive matter, upon any street or other public place or in or upon any private 214 property, except as otherwise provided in subsection (b)(2) of this section.
215 (2) Exception. The placing of leaves in the city streets is prohibited, except during leaf 216 collection scheduled by the city manager.
217 (3) Duty to remove. It shall be the duty of any person violating the provisions of this 218 subsection (b) to immediately remove the unlawfully deposited rubbish, garbage, 219 refuse, or other offensive matter upon notification by the city manager or their 220 his/her designee.
221 (Code 1981, § 8-5; Ord. of 5-24-1982)
222 Sec. 90-6. - Noncollectible items.
223 (a) Generally. The scope of the service rendered by the city's sanitation department in the 224 collection and removal of solid waste materials is intended, in general, to serve the needs 225 of dwelling units and their directly related activities, operating businesses, and commercial 226 establishments, except as exempted from the provisions of this chapter. It is considered to 227 be beyond the scope of such service to collect or remove solid waste materials generated 228 by clearing, construction, demolition and other such solid waste materials resulting from 229 an activity beyond the scope described above.
230 (b) Enumerated. The following solid wastes shall not be collected and removed by the 231 sanitation department as a regular service:
232 (1) Construction wastes, etc. Rock, scrap building materials or other trash resulting from 233 construction, remodeling or destruction by fire, the elements, acts of God or other 234 causes resulting from a general cleanup of vacant or improved property or trees, 235 yard waste brush and/or debris cleared from the property in preparation for Proposed Ordinance #2019-10 - Chpt. 90 - Solid Waste Page 7
236 construction or occupancy, and such materials shall be properly removed at the 237 expense of the owner or developer.
238 (2) Industrial wastes. Industrial wastes resulting from manufacturing or processing 239 operations, including waste from food and vegetable produce houses, poultry 240 dressing establishments, meat processing and meat packing plants, and such wastes 241 must be properly disposed of by the owner or occupant of the building, business or 242 premises where such wastes originate in the manner prescribed by state law and any 243 other applicable ordinance. The city manager shall determine what wastes fall within 244 this industrial classification.
245 (Code 1981, § 8-6; Ord. of 5-24-1982)
246 Sec. 90-7. - Collection schedule.
247 Except as provided in section 90-10, the city manager shall, in his/her discretion, divide the city into 248 districts and shall schedule the collection of solid waste in those districts on the day or days and at 249 the time or times that shall be most efficient and convenient. Adequate notice of the collection 250 schedules shall be given to the residents of the city.
251 (Code 1981, § 8-7; Ord. of 5-24-1982)
252 Sec. 90-8. - Collection from residences, duplexes, and apartment houses.
253 (a) City or contractor. All collection of solid waste materials from residences, duplexes or 254 apartment houses shall be by city sanitation department crews or contractors hired or 255 contracted by the city, and such service shall not be performed through any other person.
256 (b) Placing container generally. It shall be unlawful for any person to place any solid waste 257 container within any alley or any public utility easement or public way, except on 258 designated collections days at or just behind the face of the curbline, or rear lot line if 259 serviced by an alley. Clear space of 3 feet shall be provided around each container.
260 (c) Fences. In the event a fence is constructed with an inset space for the placement of solid 261 waste containers outside the fence, but inside the lot line, containers placed therein shall 262 be protected from overturn or spillage by a rack.
263 (d) Container at or behind curbline. Where a residence, duplex or apartment house is not 264 served by an alley, public utility easement or other public way in the rear or alongside 265 thereof, all containers shall be placed at or just behind the face of the curbline of the street 266 abutting such property, but shall not be placed where the containers will interfere with 267 vehicular or pedestrian traffic.
268 (e) When containers placed. Where solid waste is collected from the front or side street, 269 containers shall be placed no earlier than 7:00 p.m. the evening before collection day and 270 shall be removed to a point at the side or rear of the structure not later than 8:00 p.m. of 271 the day of collection. The city manager can modify the hours when special conditions 272 exist.
273 (f) Placement approved by city manager. Solid waste containers shall be placed at locations 274 and under such conditions approved by the city manager for collection service by the 275 sanitation department. Proposed Ordinance #2019-10 - Chpt. 90 - Solid Waste Page 8
276 (Code 1981, § 8-8; Ord. of 5-24-1982; Ord. of 10-9-1995)
277 Sec. 90-9. - Collection of rubbish, trash or yard waste brush from residences, duplexes, and 278 apartment houses.
279 (a) Where placed generally. Rubbish, trash or yard waste brush normally shall be collected 280 from residences, duplexes and apartment houses from the alley, when it is paved, and from 281 the street, when the alley is not paved or when no alley exists or it is not serviceable.
282 (b) Property line. Where rubbish, trash or yard waste brush is collected from the alley, public 283 utility easement or public way and not from the street, all rubbish, trash or yard waste 284 brush shall be placed at the property line, but shall not be placed inside the alley, easement 285 or public way in such a manner as to obstruct or interfere with vehicular or pedestrian 286 traffic.
287 (c) Collection from street. Where rubbish, trash or yard waste brush is not collected from the 288 alley, public utility easement or other public way, but is collected from the street, it shall 289 be placed at or just behind the face of the curbline of the street abutting the premises, but 290 shall not be placed in the street or on the sidewalk in such a manner as to obstruct or 291 interfere with vehicular or pedestrian traffic.
292 (d) Excessive yard waste brush. Where the quantity of yard waste brush set out for collection 293 is excessive, the city manager shall determine the amount of yard waste brush to be 294 collected at any one time, the day of its collection and any other matters pertaining to yard 295 waste brush collection in order not to disrupt normal service to other premises.
296 (e) Small, loose items. Rubbish or trash consisting of small, loose items shall be placed in an 297 approved container.
298 (f) Boxes, cartons. All boxes and cartons must be broken down and bundled, and no bundle 299 shall exceed 50 pounds in weight for recycling collection by the city. Bundles must be 300 placed along the curbline and may not be placed next to solid waste or recycling 301 containers.
302 (g) Charge for collection. The city manager shall set a charge appropriate to the cost of 303 providing the service where the quantity or type of trash, rubbish or yard waste brush is 304 determined to be excessive or not within the definition of the terms "garbage" and 305 "rubbish" as set forth in section 90-1.
306 (Code 1981, § 8-9; Ord. of 5-24-1982; Ord. of 10-9-1995)
307 Sec. 90-10. - Collection from apartment complexes, institutions and commercial 308 establishments.
309 The manual collection and removal of solid waste materials from apartment complexes, institutions 310 and commercial establishments shall be performed by city sanitation department crews only where 311 the containers conform to the requirements of containers for residential, duplex or apartment house 312 collection service. Apartment complexes, institutions and commercial establishment will be 313 provided a maximum of 2, 90 gallon solid waste containers and 2, 90 gallon recycling 314 containers. ; provided, however, that apartment complexes, institutions and commercial 315 establishments may use larger containers than those allowed for residences, duplexes or apartment 316 houses as long as the capacity of the larger containers is not in excess of two cubic yards. Where Proposed Ordinance #2019-10 - Chpt. 90 - Solid Waste Page 9
317 larger or additional waste containers are required used, the owner or occupant of the premises 318 must dispose shall have the option of disposing of solid waste materials through his own efforts and 319 at his own expense, or may contract with persons who are permitted to collect and remove solid 320 waste materials. The placement of containers for collection from apartment houses, institutions, and 321 commercial establishments in the city shall be as approved by the city manager or his/her designee.
322 (Code 1981, § 8-10; Ord. of 5-24-1982)
323 Sec. 90-11. - Collection from downtown areas.
324 (a) Containers; time of placement, removal. The collection of solid waste materials from the 325 downtown area as described in subsection (d) of this section shall be governed by all the 326 provisions of this chapter pertaining to apartments, institutions, and commercial 327 establishments, except as follows. For locations receiving automated collection, that 328 no solid waste materials or containers of any kind shall be placed for collection on the 329 public streets, sidewalks, alleys or easements of the city prior to 6:00 a.m. on the day of 330 collection. For locations receiving manual collection, no solid waste materials or 331 containers of any kind shall be placed for collection on public streets, sidewalks, 332 alleys or easements prior to 5:00 p.m. on the day of collection. , and all containers 333 which must be manually emptied shall be removed not later than 10:00 a.m. on the day of 334 collection.
335 (b) Application of chapter. Where collection service is furnished by the city to these premises, 336 all provisions of this chapter which are applicable to residences and duplexes shall apply.
337 (c) Placement in public way. At any of the establishments in the downtown area where there 338 is insufficient space between any structure and the alley property line, the easement 339 property line, or street property line to permit the placing of waste containers as required 340 by the provisions of this chapter relating to residences and duplexes, the containers may 341 be placed in such public way at the very boundary thereof so as to permit the passage of 342 pedestrian and vehicular traffic, or at a time other than as set out in subsection (a) of this 343 section, subject to the approval of the city manager.
344 (d) Boundaries. The downtown business area shall include that area bounded by the 345 Loockerman Street Bridge on the east, and the Delmarva Central (nfa Norfolk 346 Southern) Pennsylvania Railroad on the west, North Street on the south and Reed Street 347 on the north.
348 (Code 1981, § 8-11; Ord. of 5-24-1982)
349 Sec. 90-12. - Automated refuse collection.
350 (a) Application of chapter. This section shall apply only to automated collection provided 351 by the city sanitation department. All other sections of this chapter shall remain in 352 force and effect, unless inconsistent with the provisions of this section. Definitions. The 353 following words, terms and phrases, when used in this section, shall have the meanings 354 ascribed to them in this subsection, except where the context clearly indicates a different 355 meaning:
356 Automated refuse collection means that type of collection first instituted in 1987, using 357 special containers furnished by the city. This section shall apply only to this type of Proposed Ordinance #2019-10 - Chpt. 90 - Solid Waste Page 10
358 collection. All other sections of this chapter shall remain in force and effect, unless 359 inconsistent with the provisions of this section. This section shall become effective 360 regarding each property owner on the date when the property owner receives the first 361 container from the city.
362 (b) Containers required. The city shall provide 90 gallon specify what type of containers 363 shall be used for this type of refuse collection. Use of any other type container than 364 provided specified by the city is prohibited. Items piled against alongside the container, 365 as well as the container, will not be picked up, nor will containers not provided by 366 conforming to the city specifications.
367 (c) Container ownership. Solid waste containers for automated collection The original 368 container for each single-family residential user shall be provided free of charge and shall 369 be owned by the city at all times. One additional container may be purchased from the city 370 at the user's expense and shall be the property of the single-family residential user.
371 (d) Lost, stolen or damaged containers. Customers Residents shall be required to care for 372 each container as if it were their own and to protect it against damage or loss. All lost 373 containers must be replaced at the expense of the property owner, or customer resident at 374 the expense of the same, unless covered by warranty. Stolen containers shall be replaced 375 by the city, without charge, if such theft is reported to the police department and verified 376 by the police department as being a stolen container, provided that the city manager, at 377 their his/her discretion, may refuse to replace stolen containers where it appears that the 378 customer resident did not protect the same or where the customer resident has turned in 379 more than one recent complaint of theft of the container. Damaged containers shall be 380 replaced by the city unless the damage is due to negligence, abuse or failure to care for the 381 container by the customer resident and the decision of the city manager in this regard shall 382 be binding. Containers Damaged containers not covered by warranty and damaged by the 383 negligence, abuse or failure of care of the customer resident shall be replaced at the 384 expense of the customer resident. The customer resident is responsible for keeping the 385 container clean at all times and the city may decline pickup for failure to have the 386 container clean. The city will not replace containers relating to cleanliness or odor 387 concerns.
388 (e) Containers for new homes. Developers and home builders will be responsible for 389 contacting the public works department to arrange for new containers for new homes, and 390 the initial container shall be furnished by the city to the new home owner free of charge.
391 (f) (e) Permitted refuse in solid waste containers. The following refuse may be placed in the 392 container:
393 (1) Papers, cans, and other normal Normal household trash.
394 (2) Normal garbage.
395 (3) Cardboard boxes that have been flattened to save space.
396 (4) Grass, leaves, and small hedge and brush trimmings.
397 (g) Prohibited refuse in solid waste containers. The following refuse may not be placed in the 398 containers: Proposed Ordinance #2019-10 - Chpt. 90 - Solid Waste Page 11
399 (1) Large limbs. ,grass, leaves, small hedge and brush trimmings and yard waste of 400 any kind.
401 (2) Hot ashes.
402 (3) Flammable items.
403 (4) Chemicals.
404 (5) Corrosive solvents.
405 (6) Paint.
406 (6) (7) Construction, demolition or remodeling debris.
407 (7) (8) Concrete, dirt or plaster.
408 (8) (9) Appliances or furniture which will not allow the container lid to close.
409 (9) (10) Any items of any nature whatsoever that do not allow the container lid to close.
410 (h) Permitted material in recycling containers. The following material may be placed in 411 the container:
412 (1) Newsprint, paper board boxes, corrugated cardboard, telephone books, junk 413 mail, office paper.
414 (2) Rigid plastic, and plastic bottles and containers.
415 (3) Aluminum and metal cans.
416 (4) Glass bottles and jars.
417 (5) Materials as directed by the State of Delaware.
418 (i) Prohibited material in recycling containers. The following materials may not be placed 419 in the containers:
420 (1) Large limbs, grass, leaves, small hedge and brush trimmings and yard waste of 421 any kind.
422 (2) Normal household trash, garbage and food waste.
423 (3) Styrofoam, ceramics, window glass, mirrors, clothing, textiles and electronics.
424 (4) Hot ashes.
425 (5) Flammable items.
426 (6) Chemicals and chemical containers. Proposed Ordinance #2019-10 - Chpt. 90 - Solid Waste Page 12
427 (7) Corrosive solvents and containers.
428 (8) Paint and containers.
429 (9) Construction, demolition or remodeling debris.
430 (10) Concrete, dirt or plaster.
431 (11) Any items of any nature whatsoever that do not allow the container lid to close.
432 (h) (j) Container placement for pickup on streets. After 7:00 p.m. sunset of the evening before 433 the day of collection or before 7:00 a.m. on the day of collection, the container must be 434 placed at or just behind the face of the curbline the curbside or edge of the street in front 435 of the house. It must be placed so that clear space of 3 feet shall be provided around 436 each container so it will be clear of all parked vehicles, trees or other obstructions and 437 cannot be placed in a gutter. The handle and wheels must be pointed away from the street 438 (toward the curbline). After the container has been emptied, it must be moved back to its 439 storage place not later than 8:00 p.m. on the day of collection.
440 (i)(k) Container placement for pickup in alleys. Containers authorized for alley pickup shall be 441 placed at the property line along the edge of the alley, easement or public way and shall 442 be at the normal alley ground level. The handle and wheels must be pointed away from 443 the alley.
444 (j)(l) Container placement for pickup during periods of heavy snow. During periods of heavy snow, 445 the container must be placed so that the collection vehicle can have clear access to the container, 446 unobstructed by snow banks, unplowed or unshoveled snow, etc. In the event trash collection is 447 suspended by the city manager, containers must be removed from the street or alley.
448 (k) Containers for nonresidential users. All non-single-family residential users, consisting of 449 commercial, industrial, institutional, tax exempt, and other similar users, will be required to 450 provide approved containers. The city manager shall set a charge appropriate to the cost of 451 providing the service to the user.
452 (Code 1981, § 8-11.1; Ord. of 12-28-1987; Ord. of 10-9-1995)
453 Sec. 90-13. - Processing and disposal.
454 (a) Eligibility to use disposal facilities. The use of disposal sites, transfer stations, or other disposal 455 facilities operated by the city is restricted to the city sanitation department, city residents, city 456 businesses or such commercial haulers as may be authorized to haul solid waste materials for 457 them. Individuals bringing trash or rubbish to disposal sites must present a valid driver's license 458 as proof of residency.
459 (b) Assumption of risks. Any person entering upon a city-operated disposal site for any purpose shall 460 be conclusively presumed to know and appreciate the hazards and the extent of the damage 461 which accompanies the accumulation of scrap wood, glass, nails, trash, brush, and waste of 462 every description, and the use of trucks, vehicles and heavy machinery to move, remove, bury 463 and dispose of same. Every person entering upon any such site shall be conclusively presumed 464 to have assumed the risk of injury connected with or resulting from such hazards and danger, 465 and by his actions in entering upon such site, and for and in consideration of the permission Proposed Ordinance #2019-10 - Chpt. 90 - Solid Waste Page 13
466 granted by the city to enter upon such site, every person shall covenant and be deemed to have 467 covenanted not to sue and to indemnify, save harmless and defend the city, its agents, officers 468 and employees from and against any and all claims of any nature whatsoever for injury or 469 damage to persons or property, whether real or asserted, arising out of or resulting from the entry 470 by such person upon any city-operated disposal site.
471 (c) Removal of materials from facility. It shall be unlawful for any person to take, remove or carry 472 away from any processing or disposal facility operated by the city, any garbage, rubbish, trash 473 or other solid waste material, article, thing, or object situated thereon, whether or not the same 474 has monetary value, without prior written permission and approval of the city manager. In 475 prosecutions for this offense, it shall not be necessary to describe the thing or things taken, 476 removed or carried away, other than as generally described herein as "article," "thing," or "item," 477 and it shall not be necessary to allege that the same had value.
478 (d) Designation of public sites. The city manager shall have the authority to designate which 479 processing and/or disposal sites are to be opened to the public and which are to be restricted to 480 municipal vehicles only, provided that no processing or disposal facility within the city will be 481 opened to solid waste materials originating outside the city limits.
482 (Code 1981, § 8-12; Ord. of 5-24-1982)
483 Sec. 90-13 14. - Rules and regulations.
484 The city manager is hereby authorized to make additional reasonable rules and regulations for the 485 administration of the solid waste collection for services of all types performed in the city, provided 486 that no such regulations and rules contravene the specific provisions of this chapter and are in no 487 way inconsistent with the established policies of the city council.
488 (Code 1981, § 8-13; Ord. of 5-24-1982)
489 Sec. 90-14 15. - Nonresident refuse deposits.
490 It shall be unlawful and a nuisance for any nonresident of the city to deposit, place or abandon any 491 advertising material, paper, rubbish, refuse, garbage, grass clippings, yard waste brush, etc., or other 492 offensive matter within the limits of the city for trash collection by the city or otherwise.
493 (Code 1981, § 8-14; Ord. of 8-23-1982)
494 Sec. 90-15 16. – Rates and Billing Procedures Refuse collection fees.
495 (a) Rates. The city council shall designate certain reasonable rates to be paid for the collection 496 of refuse in certain areas, which rates shall be set each year at the time of establishing the 497 annual budget, and which rates shall apply for that year and for the area designated by the 498 council. The city manager shall bill residents in accordance with the rates established by 499 the council and shall be in charge of collecting these charges. In case of delinquencies, the 500 delinquent amount shall be entered by the city manager in the municipal lien docket 501 become a lien in accordance with state law.
502 (b) Billing Procedures. All in-city customers of residences, duplexes and apartment 503 houses with active utility accounts must have sanitation services included in the list 504 of active services for the account. Proposed Ordinance #2019-10 - Chpt. 90 - Solid Waste Page 14
505 (Code 1981, § 8-16; Ord. of 3-13-1989)
506 Sec. 90-16 17. - Violations; penalties.
507 Any person convicted of violating any provision of this chapter shall be fined in an amount as 508 provided for in Appendix F—Fees and Fines, and if the violation amounts to an unlawful deposit 509 of rubbish, refuse or other offensive matter in the corporate limits of the city, he shall be directed 510 to remove the same, and in the event of his failure to do so, the offensive matter shall be removed 511 by the city at the expense of the violator. Fines not paid within 14 days of the day the fine was 512 issued, including the day the fine was issued, shall be automatically doubled in amount.
513 (Code 1981, § 8-15; Ord. of 8-23-1982; Ord. of 9-22-2003; Ord. No. 2009-09, 6-22-2009)
514 ADOPTED: * 515 S:\ORDINANCES\2019\DRAFT\ORDINANCE #2019-10 - CHPT 90 - SOLID WASTE\ORDINANCE #2019-10 CHPT 90 - SOLID WASTE-FIRST 516 READING.wpd
517 SYNOPSIS 518 The purpose of this amendment is to provide clarification regarding municipal solid waste 519 collection guidelines in accordance with State waste segregation requirements and Sanitation 520 Department collection parameters. The amendment also provides clarification regarding the 521 level of service provided. 522 (SPONSORS: HARE AND MITCHELL)
523 Actions History 524 04/22/2019 - First Reading - City Council 525 04/09/2019 - Introduced - Council Committee of the Whole/Legislative, Finance, and 526 Administration Committee
PETITION TO AMEND ZONING DISTRICT First Reading before the Dover City Council April 22, 2019
Owners: Harman Oil, Inc. (Harman Oil Co)
Addresses: 53 N. West Street, Dover 517 W. Division Street, Dover
Location: Northeast corner of the intersection of North West Street and West Division Street
Tax Parcels: ED-05-076.08-04-02.00-000 ED-05-076.08-04-01.00-000
Size: 0.20 acres (8,512 SF +/-) 0.35 acres (15,278 SF +/-)
Present Use: Vacant land
Proposed Use: Commercial development
Comprehensive Plan Designation: Mixed Use
Present Zoning: C-1A (Limited Commercial Zone)
Proposed Zoning: C-2A (Limited Central Commercial Zone)
Reason for Request: To expand the potential uses allowed for future redevelopment of the properties
File Number: Z-19-05
Ordinance Number: 2019-11
City of Dover Application No.: Z-19-05 Department of Planning & Inspections RG-1 RG-1 RG-1 RG-1 RG-1 M RG-1 t on S IPM Fult RG-1
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Tile: Lands of Harman Oil, Inc. Ordinance #: 2019-11 Addresses: 53 North West Street and 517 West Division Street Legend Parcel IDs: ED-05-076.08-04-02.00-000 ED-05-076.08-04-01.00-000 2012 Buildings Existing Zoning: C-1A Limited Commercial Zone Zoning Proposed Zoning: C-2A Limited Central Commerial Zone Owner: Harman Oil, Inc.. Dover Parcels Date: 4/11/2019 Subject Property 0 100 200 400 Feet « FIRST READING City of Dover
1 PROPOSED ORDINANCE #2019-11 2 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF 4 THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF 5 PROPERTIES LOCATED AT 53 NORTH WEST STREET AND 517 WEST DIVISION 6 STREET. 7 8 WHEREAS, the City of Dover, Delaware has enacted a zoning ordinance regulating the use of 9 property within the limits of the City of Dover; and 10 11 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted us 12 of the properties described below from C-1A (Limited Commercial Zone) to C-2A (Limited 13 Central Commercial Zone). 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE 16 CITY OF DOVER, IN COUNCIL MET: 17 18 1. That from and after the passage and approval of this ordinance the Zoning Map and 19 Zoning Ordinance of the City of Dover have been amended by changing the zoning 20 designation from C-1A (Limited Commercial Zone) to C-2A (Limited Central 21 Commercial Zone) on the property located at 53 North West Street, consisting of 0.20 22 acres (8,512 SF +/-) and on the property located at 517 West Division Street, consisting 23 of 0.35 acres (15,278 SF +/-) (at the northeast corner of the intersection of North West 24 Street and West Division Street), owned by Harman Oil, Inc. 25 (Tax Parcels: ED-05-076.08-04-02.00-000 and ED-05-076.08-04-01.00-000; Planning Reference: 26 Z-19-05; Fourth Council District) 27 28 ADOPTED: * 29 I:\DAC\2019 Applications\5 May 2019\Z-19-05 Lands of Harman 53 N West St 517 W Division St\Ordinance 2019-11 Rezoning 30 First Reading 53 N West St 517 W Division St.docx 31 32 33 Actions History 34 04/22/2019 Scheduled for First Reading – City Council
PETITION TO AMEND ZONING DISTRICT First Reading before the Dover City Council April 22, 2019
Owner: AID in Dover, Inc. Equitable Owner: Central Delaware Housing Collaborative
Addresses: 731 W. Division Street, Dover 801 W. Division Street, Dover
Location: North side West Division Street and east of but not adjacent to Weston Drive
Tax Parcels: ED-05-076.08-01-34.00-000 ED-05-076.08-01-32.00-000
Size: Parcel 34: 11,350 SF +/- Parcel 32: 8,400 SF +/-
Present Use: Vacant buildings
Proposed Use: Homeless Shelter
Comprehensive Plan Designation: Mixed Use
Present Zoning: C-2A (Limited Central Commercial Zone) and subject to COZ-1 (Corridor Overlay Zone)
Proposed Zoning: IO (Institutional and Office Zone) and subject to COZ-1 (Corridor Overlay Zone)
Reason for Request: To rezone property to a zoning district allowing the proposed use of a homeless shelter facility
File Number: Z-19-06
Ordinance Number: 2019-12
City of Dover Application No.: Z-19-06 Department of Planning & Inspections C-3
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Title: Lands of AID in Dover, Inc. Ordinance #: 2019-12 Addresses: 731 West Division Street and 801 West Division Street Parcel IDs: ED-05-076.08-01-34.00-000 Legend ED-05-076.08-01-32.00-000 Existing Zoning: C-2A Limited Central Commercial Zone 2012 Buildings COZ-1 Corridor Overlay Zone Zoning Proposed Zoning: IO Institutional and Office Zone COZ-1 Corridor Overlay Zone Dover Parcels Owner: AID in Dover, Inc. Date: 4/11/2019 Subject Property 0 100 200 400 Feet « FIRST READING City of Dover
1 PROPOSED ORDINANCE #2019-12 2 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF 4 THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF 5 PROPERTIES LOCATED AT 731 WEST DIVISION STREET AND 801 WEST DIVISION 6 STREET. 7 8 WHEREAS, the City of Dover, Delaware has enacted a zoning ordinance regulating the use of 9 property within the limits of the City of Dover; and 10 11 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted us of 12 the properties described below from C-2A (Limited Central Commercial Zone) subject to the COZ- 13 1 (Corridor Overlay Zone) to IO (Institutional and Office Zone) subject to the COZ-1 (Corridor 14 Overlay Zone). 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE 17 CITY OF DOVER, IN COUNCIL MET: 18 19 1. That from and after the passage and approval of this ordinance the Zoning Map and 20 Zoning Ordinance of the City of Dover have been amended by changing the zoning 21 designation from C-2A (Limited Central Commercial Zone) subject to the COZ-1 22 (Corridor Overlay Zone) to IO (Institutional and Office Zone) subject to the COZ-1 23 (Corridor Overlay Zone) on the property located at 731 West Division Street, consisting 24 of 11,350 SF +/- and on the property located at 801 West Division Street, consisting of 25 8,400 SF +/- (on the north side of West Division Street and east of but not adjacent to 26 Weston Drive), owned by AID in Dover, Inc. 27 (Tax Parcels: ED-05-076.08-01-34.00-000 and ED-05-076.08-01-32.00-000; Planning Reference: 28 Z-19-06; Fourth Council District) 29 30 ADOPTED: * 31 I:\DAC\2019 Applications\5 May 2019\Z-19-06 Lands of AID in Dover 731 and 801 W Division St\Ordinance 2019-12 Rezoning 32 First Reading 731 and 801 W Division St.docx 33 34 35 Actions History 36 04/22/2019 Scheduled for First Reading – City Council FINAL READING CITY OF DOVER ORDINANCE # 2019-09 2018-2019 BUDGET ORDINANCES - SECOND AMENDMENT
1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 2 The amount hereinafter named aggregating Fifty Two Million Two Hundred Eighteen Thousand 3 Nine Hundred dollars ($52,218,900) or so much thereof as may be necessary are hereby appropriated 4 from current revenues and other funds for the use by several departments of the Municipal Government 5 for the fiscal year beginning July 1, 2018 and ending June 30, 2019:
6 GENERAL FUND 7 CASH RECEIPT SUMMARY FOR 2018-2019 8 2018/19 2018/19 9 BUDGET REVISED 10 BEGINNING BALANCE $ 5,399,700 $ 8,239,400 11 RECEIPTS 12 FINES AND POLICE REVENUE 751,600 751,600 13 LIBRARY REVENUES 100,000 100,000 14 KENT COUNTY BOOK REIMBURSEMENT 300,000 300,000 15 BUSINESS LICENSES 1,470,000 1,470,000 16 PERMITS AND OTHER FEES 1,969,000 1,969,000 17 MISCELLANEOUS CHARGES 57,000 57,000 18 POLICE EXTRA DUTY 510,000 510,000 19 PROPERTY TAXES 13,274,400 13,274,400 20 RECREATION REVENUE 150,000 150,000 21 FRANCHISE FEE 685,600 685,600 22 SANITATION FEES 3,095,400 3,095,400 23 RENT REVENUE - GARRISON FARM 97,900 97,900 24 COURT OF CHANCERY FEES 1,439,500 1,439,500 25 INVESTMENT INCOME 137,900 137,900 26 RECEIPTS SUBTOTAL 24,038,300 24,038,300 27 INTERFUND SERVICE RECEIPTS 28 INTERFUND SERVICE RECEIPTS W/WW 1,764,600 1,764,600 29 INTERFUND SERVICE RECEIPTS ELECTRIC 3,875,500 3,875,500 30 INTERFUND SERVICE RECEIPTS SUBTOTAL 5,640,100 5,640,100 31 GRANTS: 32 POLICE RELATED/EXTRA DUTY 90,000 90,000 33 POLICE PENSION GRANT 466,000 466,000 34 GREEN ENERGY GRANT 98,500 98,500 35 MISC GRANT REVENUE 25,000 25,000 36 GRANTS SUBTOTAL 679,500 679,500 37 TRANSFERS FROM: 38 TRANSFER TAX 1,459,300 1,459,300 39 MUNICIPAL STREET AID 665,300 665,300 40 CIVIL TRAFFIC PENALTIES 497,000 497,000 41 WATER/WASTEWATER 1,000,000 1,000,000 42 ELECTRIC 10,000,000 10,000,000 43 TRANSFERS FROM SUBTOTAL 13,621,600 13,621,600
44 TOTAL REVENUES 43,979,500 43,979,500
45 TOTAL BEGINNING BALANCE & REVENUE $ 49,379,200 $ 52,218,900
1 FINAL READING 46 2018-2019 BUDGET ORDINANCES - SECOND AMENDMENT 47 GENERAL FUND - EXPENDITURES AND BUDGET BALANCE FOR 2018-2019 48 2018/19 2018/19 49 DEPARTMENT EXPENSES BUDGET REVISED 50 CITY CLERK $ 442,500 $ 442,500 51 COUNCIL 144,800 144,800 52 TAX ASSESSOR 244,500 244,500 53 FIRE 789,800 789,800 54 GROUNDS MAINTENANCE 1,195,000 1,195,000 55 LIBRARY 1,767,400 1,767,400 56 RECREATION 1,000,600 1,000,600 57 LIFE SAFETY 504,200 504,200 58 CODE ENFORCEMENT 610,500 610,500 59 PLANNING 568,200 568,200 60 INSPECTIONS 568,100 568,100 61 POLICE 16,737,500 16,737,500 62 POLICE EXTRA DUTY 600,000 600,000 63 STREETS 1,409,100 1,409,100 64 SANITATION 2,475,200 2,475,200 65 CITY MANAGER 1,005,200 1,005,200 66 INFORMATION TECHNOLOGY 731,000 731,000 67 FINANCE 946,200 946,200 68 PUBLIC WORKS - ADMINISTRATION 720,800 720,800 69 FACILITIES MANAGEMENT 652,900 652,900 70 PUBLIC WORKS - ENGINEERING 277,600 277,600 71 PROCUREMENT & INVENTORY 726,000 726,000 72 FLEET MAINTENANCE 832,500 882,500 73 CUSTOMER SERVICE 1,197,100 1,197,100 74 HUMAN RESOURCES 485,600 535,600 75 MAYOR 173,700 173,700 76 DEPARTMENT SUBTOTALS 36,806,000 36,906,000 77 OTHER EXPENSES 78 DEBT SERVICE 500,000 500,000 79 CONTRIBUTION TO DDP 150,000 150,000 80 MISCELLANEOUS GRANT RELATED EXP 25,000 25,000 81 INSURANCE 735,000 735,000 82 RETIREES HEALTH CARE 1,894,900 1,894,900 83 OTHER EMPLOYMENT EXPENSES 500,000 500,000 84 BANK & CREDIT CARD FEES 28,000 28,000 85 UNCOLLECTIBLES - TRASH AND OTHER 100,000 100,000 86 STREET LIGHTS 815,000 815,000 87 OTHER EXPENSE SUBTOTAL 4,747,900 4,747,900 88 TRANSFERS 89 TRANSFER TO CAPITAL FUND - PROJECTS 3,013,800 3,432,000 90 APPROP. TO THE POLICE PENSION FUND 585,000 585,000 91 APPROP. POLICE PENSION - STATE GRANT 466,000 466,000 92 TRANSFER TO ELECTRIC I & E FUND 200,000 200,000 93 TRANSFERS SUBTOTAL 4,264,800 4,683,000 94 TOTAL EXPENDITURES 45,818,700 46,336,900 95 CURRENT YEAR BALANCE 3,560,500 5,882,000 96 TOTALS $ 49,379,200 $ 52,218,900 97 The City Manager is hereby authorized, without further approval of the City Council, to make 98 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 99 department with the exception of any transfers prohibited by City Procedure #F306. 100 ADOPTED:
2 FINAL READING 101 CITY OF DOVER ORDINANCE # 2019-09 102 GOVERNMENTAL CAPITAL PROJECTS FUND 103 REVENUES AND BUDGET FOR 2018-2019 104 105 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 106 The amount hereinafter named aggregating Five Million Five Hundred Thirty-Seven Thousand Seven Hundred 107 dollars ($5,537,700) or so much thereof as may be necessary are hereby appropriated from current revenues 108 and other funds for the use by several departments of the Municipal Government for the fiscal year 109 beginning July 1, 2018 and ending June 30, 2019: 110 REVENUES
111 2018/19 2018/19 112 BUDGET REVISED 113 BEGINNING BALANCE - PROJECTS $ 521,700 $ 1,415,200 114 REVENUES 115 TRANSFER FROM GENERAL FUND 3,013,800 3,432,000 116 TRANSFER FROM PARKLAND RESERVE 80,000 301,700 117 TRANSFER FROM CAPITAL ASSET RESERVE 388,800 471,700 118 SUBTOTAL PROJECT RECEIPTS 3,482,600 4,205,400
119 TOTAL FUNDING SOURCES 3,482,600 4,205,400
120 TOTAL BEGINNING BALANCE AND REVENUES $ 4,004,300 $ 5,620,600
121 EXPENSE SUMMARY
122 2018/19 2018/19 123 EXPENDITURES BUDGET REVISED 124 FIRE 222,500 222,500 125 GROUNDS 188,000 250,500 126 RECREATION 536,100 755,600 127 POLICE 512,000 602,300 128 STREETS 2,215,000 2,909,800 129 SANITATION 34,400 452,600 130 INFORMATION TECHNOLOGY 57,600 57,600 131 FACILITIES MANAGEMENT 28,800 53,900 132 DEPARTMENT SUBTOTAL 3,794,400 5,304,800
133 TOTAL EXPENDITURES 3,794,400 5,304,800 134 BUDGET BALANCE 1,521,600 315,800 135 TOTAL BUDGET BALANCE & EXPENDITURES $ 5,316,000 $ 5,620,600 136 The City Manager is hereby authorized, without further approval of the City Council, to make 137 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 138 department with the exception of any transfers prohibited by City Procedure #F306. 139 ADOPTED:
3 FINAL READING 140 CITY OF DOVER ORDINANCE # 2019-09 141 GENERAL FUND CONTINGENCY 142 CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019 143 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 144 The amount hereinafter named aggregating Seven Hundred Sixty-Four Thousand One Hundred dollars ($764,100) or so much 145 thereof as may be necessary are hereby appropriated from current revenues and other funds for the use 146 by several departments of the Municipal Government for the fiscal year beginning July 1, 2018 and ending 147 June 30, 2019: 148 CASH RECEIPTS 149 2018/19 2018/19 150 BUDGET REVISED 151 BEGINNING BALANCE $ 751,300 $ 755,400 152 INTEREST EARNED 8,700 8,700 153 TOTALS $ 760,000 $ 764,100
154 EXPENSE SUMMARY 155 2018/19 2018/19 156 BUDGET REVISED 157 CARRY FORWARD TO NEXT YEAR 760,000 $ 764,100 158 TOTALS $ 760,000 $ 764,100
159 The City Manager is hereby authorized, without further approval of the City Council, to make 160 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 161 department with the exception of any transfers prohibited by City Procedure #F306. 162 ADOPTED:
4 FINAL READING 163 CITY OF DOVER ORDINANCE # 2019-09 164 GOVERNMENTAL CAPITAL ASSET RESERVE 165 CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019 166 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 167 The amount hereinafter named aggregating One Million Five Hundred Fifteen Thousand Four Hundred dollars 168 ($1,515,400) or so much thereof as may be necessary are hereby appropriated from current revenues 169 and other funds for the use by several departments of the Municipal Government for the fiscal year 170 beginning July 1, 2018 and ending June 30, 2019: 171 CASH RECEIPTS 172 2018/19 2018/19 173 BUDGET REVISED 174 BEGINNING BALANCE $ 1,388,400 $ 1,515,400 175 TOTALS $ 1,388,400 $ 1,515,400
176 EXPENSE SUMMARY 177 2018/19 2018/19 178 BUDGET REVISED 179 TRANSFER TO GOVERNMENTAL CAPITAL PROJECTS FUND $ 388,800 $ 471,700 180 CARRY FORWARD TO NEXT YEAR 999,600 1,043,700 181 TOTALS $ 1,388,400 $ 1,515,400
182 The City Manager is hereby authorized, without further approval of the City Council, to make 183 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 184 department with the exception of any transfers prohibited by City Procedure #F306. 185 ADOPTED:
5 FINAL READING 186 CITY OF DOVER ORDINANCE # 2019-09 187 PARKLAND/RECREATION RESERVE 188 CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019 189 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 190 The amount hereinafter named aggregating Two Hundred Twenty-One Thousand Seven Hundred dollars 191 ($221,700) or so much thereof as may be necessary are hereby appropriated from current revenues and 192 other funds for the use by several departments of the Municipal Government for the fiscal year 193 beginning July 1, 2018 and ending June 30, 2019: 194 OPERATING REVENUES 195 2018/19 2018/19 196 BUDGET REVISED 197 BEGINNING BALANCE $ 133,900 $ 355,600 198 TOTALS $ 133,900 $ 355,600
199 OPERATING EXPENSES 200 2018/19 2018/19 201 BUDGET REVISED 202 TRANSFER TO GOVERNMENTAL CAPITAL PROJECTS FUND $ 80,000 $ 301,700
203 CURRENT YEAR BALANCE 53,900 53,900 204 TOTALS $ 133,900 $ 355,600
205 The City Manager is hereby authorized, without further approval of the City Council, to make 206 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 207 department with the exception of any transfers prohibited by City Procedure #F306. 208 ADOPTED:
6 FINAL READING 209 CITY OF DOVER ORDINANCE # 2019-09 210 WATER/WASTEWATER FUND 211 REVENUES AND BUDGET FOR 2018-2019 212 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 213 The amount hereinafter named aggregating Eighteen Million Four Hundred Fifty-Six Thousand Four 214 Hundred dollars ($18,456,400) or so much thereof as may be necessary are hereby appropriated from 215 current revenues and other funds for the use by several departments of the Municipal Government for 216 the fiscal year beginning July 1, 2018 and ending June 30, 2019: 217 2018/19 2018/19 218 BUDGET REVISED 219 BEGINNING BALANCE - WATER $ 1,991,200 $ 1,912,800 220 BEGINNING BALANCE - WASTEWATER 1,680,900 1,053,000 221 TOTAL BEGINNING BALANCES 3,672,100 2,965,800 222 BASE REVENUE 223 WATER SERVICES 5,897,400 5,897,400 224 WASTEWATER SERVICES 3,620,600 3,620,600 225 WASTEWATER TREATMENT SERVICES 2,819,300 2,819,300 226 GROUNDWATER INFLOW ADJUSTMENT 1,813,100 1,813,100 227 WATER TANK SPACE LEASING 400,600 400,600 228 WATER IMPACT FEES 450,000 450,000 229 WASTEWATER IMPACT FEES 420,000 420,000 230 INTEREST - WATER 7,600 7,600 231 INTEREST - WASTEWATER 7,600 7,600 232 MISCELLANEOUS SERVICE FEE 54,400 54,400 233 TOTAL REVENUES 15,490,600 15,490,600 234 TOTAL BEGINNING BALANCES AND REVENUES $ 19,162,700 $ 18,456,400
7 FINAL READING 235 2018-2019 BUDGET ORDINANCES - SECOND AMENDMENT 236 WATER/WASTEWATER FUND - EXPENSES AND BUDGET BALANCE FOR 2018-2019 237 2018/19 2018/19 238 DIRECT EXPENSES BUDGET REVISED 239 ENGINEERING & INSPECTION $ 502,400 $ 502,400 240 WATER DEPARTMENT 750,000 750,000 241 WASTEWATER DEPARTMENT 986,200 986,200 242 WATER TREATMENT PLANT 1,805,800 1,805,800 243 DIRECT EXPENDITURE SUBTOTAL 4,044,400 4,044,400
244 OTHER EXPENSES 245 DEBT SERVICE - WATER 520,500 520,500 246 DEBT SERVICE - WASTEWATER 611,200 611,200 247 RETIREES HEALTH CARE 215,500 215,500 248 OTHER EMPLOYMENT EXPENSES 30,000 30,000 249 OPEB UNFUNDED LIABILITY 41,400 41,400 250 KENT COUNTY TREATMENT CHARGE 3,750,000 3,750,000 251 INTERFUND SERVICE FEES 1,764,600 1,764,600 252 BANK & CREDIT CARD FEES 28,000 28,000 253 BOND ISSUE COSTS 40,000 40,000 254 OTHER EXPENSES SUBTOTAL 7,001,200 7,001,200 255 TRANSFER TO: 256 GENERAL FUND FROM WATER 500,000 500,000 257 GENERAL FUND FROM WASTEWATER 500,000 500,000 258 WATER IMP AND EXT 1,800,000 1,800,000 259 WASTEWATER IMP AND EXT 1,800,000 1,800,000 260 ELECTRIC IMP AND EXT 298,000 298,000 261 TRANSFER TO SUBTOTAL 4,898,000 4,898,000 262 TOTAL EXPENSES 15,943,600 15,943,600
263 BUDGET BALANCES 264 BUDGET BALANCE WATER 1,937,750 1,859,350 265 BUDGET BALANCE WASTEWATER 1,281,350 653,450 266 BUDGET BALANCE SUBTOTALS 3,219,100 2,512,800
267 TOTAL CURRENT YEAR BALANCES AND EXPENSES $ 19,162,700 $ 18,456,400 268 The City Manager is hereby authorized, without further approval of the City Council, to make 269 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 270 department with the exception of any transfers prohibited by City Procedure #F306. 271 ADOPTED:
8 FINAL READING 272 CITY OF DOVER ORDINANCE # 2019-09 273 WATER/WASTEWATER IMPROVEMENT & EXTENSION FUND 274 CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019
275 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 276 The amount hereinafter named aggregating Sixteen Million Six Thousand Eight 277 Hundred dollars ($16,006,800) or so much thereof as may be necessary are hereby appropriated from 278 current revenues and other funds for the use by several departments of the Municipal Government for 279 the fiscal year begining July 1, 2018 and ending June 30, 2019: 280 CASH RECEIPTS 281 2018/19 2018/19 282 BUDGET REVISED 283 BEGINNING BALANCE - WATER $ 2,275,200 $ 5,672,600 284 BEGINNING BALANCE - WASTEWATER 88,300 1,148,800 285 TOTAL BEGINNING BALANCES 2,363,500 6,821,400 286 REVENUES 287 STATE LOAN FUND - WATER 4,000,000 4,000,000 288 STATE LOAN FUND - WASTEWATER 1,033,900 1,033,900 289 TRANS FR OPERATING FUND - WATER 1,800,000 1,800,000 290 TRANS FR OPERATING FUND - WW 1,800,000 1,800,000 291 TRANSFER FR WATER IMPACT FEE 40,400 40,400 292 TRANSFER FR WASTEWATER IMPACT FEE 421,100 421,100 293 INTEREST INCOME 90,000 90,000 TOTAL REVENUES 9,185,400 9,185,400 294 295 TOTAL BEGINNING BALANCES & REVENUES $ 11,548,900 $ 16,006,800 296 EXPENSE SUMMARY 297 2018/19 2018/19 298 EXPENSES BUDGET REVISED 299 WATER 515,300 $ 766,100 300 WASTEWATER 2,505,200 3,338,100 301 WATER TREATMENT PLANT 4,000,000 6,468,200 302 TOTAL EXPENSES 7,020,500 10,572,400 303 BUDGET BALANCE - WATER 3,645,300 4,323,700 304 BUDGET BALANCE - WASTEWATER 883,100 1,110,700 CURRENT YEAR BALANCE SUBTOTALS 4,528,400 5,434,400 305 306 TOTAL BUDGET BALANCES & EXPENSES $ 11,548,900 $ 16,006,800 307 The City Manager is hereby authorized, without further approval of the City Council, to make 308 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 309 department with the exception of any transfers prohibited by City Procedure #F306. 310 ADOPTED:
9 FINAL READING 311 CITY OF DOVER ORDINANCE # 2019-09 312 WATER/WASTEWATER CAPITAL ASSET RESERVE 313 CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019 314 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 315 The amount hereinafter named aggregating One Million Seventy-Seven Thousand Nine Hundred dollars 316 ($1,077,900) or so much thereof as may be necessary are hereby appropriated from current revenues 317 and other funds for the use by several departments of the Municipal Government for the fiscal year 318 beginning July 1, 2018 and ending June 30, 2019: 319 CASH RECEIPTS 320 2018/19 2018/19 321 BUDGET REVISED 322 BEGINNING BALANCE - WATER $ 531,200 $ 535,600 323 BEGINNING BALANCE - WASTEWATER 530,000 534,300 324 TOTAL BEGINNING BALANCES 1,061,200 1,069,900 325 RECEIPTS 326 INTEREST EARNINGS - WATER 4,000 4,000 327 INTEREST EARNINGS - WASTEWATER 4,000 4,000 328 TOTAL RECEIPTS 8,000 8,000 329 TOTALS $ 1,069,200 $ 1,077,900 330 EXPENSE SUMMARY 331 2018/19 2018/19 332 BUDGET REVISED 333 CURRENT YEAR BALANCE - WATER $ 535,200 $ 539,600 334 CURRENT YEAR BALANCE - WASTEWATER 534,000 538,300 CURRENT YEAR BALANCE SUBTOTALS 1,069,200 1,077,900 335 336 TOTALS $ 1,069,200 $ 1,077,900 337 The City Manager is hereby authorized, without further approval of the City Council, to make 338 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 339 department with the exception of any transfers prohibited by City Procedure #F306. 340 ADOPTED:
10 FINAL READING 341 CITY OF DOVER ORDINANCE # 2019-09 342 WATER/WASTEWATER IMPACT FEE RESERVE 343 CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019 344 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 345 The amount hereinafter named aggregating Five Million Seven Hundred Seventy-Eight Thousand Six Hundred 346 dollars ($5,778,600) or so much thereof as may be necessary are hereby appropriated from current 347 revenues and other funds for the use by several departments of the Municipal Government for the fiscal 348 year beginning July 1, 2018 and ending June 30, 2019: 349 CASH RECEIPTS 350 2018/19 2018/19 351 BUDGET REVISED 352 BEGINNING BALANCE - WATER $ 657,500 $ 1,369,600 353 BEGINNING BALANCE - WASTEWATER 4,848,500 4,367,200 354 TOTAL BEGINNING BALANCES 5,506,000 5,736,800 355 RECEIPTS 356 INTEREST EARNINGS - WATER 5,000 5,000 357 INTEREST EARNINGS - WASTEWATER 36,800 36,800 358 TOTAL RECEIPTS 41,800 41,800 359 TOTALS $ 5,547,800 $ 5,778,600 360 EXPENSE SUMMARY 361 2018/19 2018/19 362 BUDGET REVISED 363 TRANSFER TO I & E FUND FROM WATER IMPACT FEES $ 40,400 $ 40,400 364 TRANSFER TO I & E FUND FROM WASTEWATER IMPACT FEES 421,100 421,100 363 CURRENT YEAR BALANCE - WATER 622,100 1,334,200 364 CURRENT YEAR BALANCE - WASTEWATER 4,464,200 3,982,900 365 CURRENT YEAR BALANCE SUBTOTALS 5,086,300 5,317,100
366 TOTALS $ 5,547,800 $ 5,778,600 367 The City Manager is hereby authorized, without further approval of the City Council, to make 368 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 369 department with the exception of any transfers prohibited by City Procedure #F306. 370 ADOPTED:
11 FINAL READING 371 CITY OF DOVER ORDINANCE # 2019-09 372 WATER/WASTEWATER CONTINGENCY RESERVE 373 CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019 374 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 375 The amount hereinafter named aggregating Five Hundred Thirty-Nine Thousand dollars ($539,000) or so 376 much thereof as may be necessary are hereby appropriated from current revenues and other funds for the 377 use by several departments of the Municipal Government for the fiscal year beginning July 1, 2018 and 378 ending June 30, 2019: 379 CASH RECEIPTS 380 2018/19 2018/19 381 BUDGET REVISED 382 BEGINNING BALANCE - WATER $ 255,100 $ 255,700 383 BEGINNING BALANCE - WASTEWATER $ 282,300 282,700 384 TOTAL BEGINNING BALANCES 537,400 538,400 385 RECEIPTS 386 INTEREST EARNINGS - WATER $ 400 400 387 INTEREST EARNINGS - WASTEWATER 200 200 388 TOTAL RECEIPTS 600 600 TOTALS $ 538,000 $ 539,000 389 390 BUDGET SUMMARY 391 2018/19 2018/19 392 BUDGET REVISED 393 CURRENT YEAR BALANCE - WATER $ 255,500 $ 256,100 394 CURRENT YEAR BALANCE - WASTEWATER 282,500 282,900 395 CURRENT YEAR BALANCE SUBTOTALS 538,000 539,000
396 TOTAL EXPENSES AND CURRENT YEAR BALANCES $ 538,000 $ 539,000 397 The City Manager is hereby authorized, without further approval of the City Council, to make 398 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 399 department with the exception of any transfers prohibited by City Procedure #F306. 400 ADOPTED:
12 FINAL READING 401 CITY OF DOVER ORDINANCE # 2019-09 402 ELECTRIC REVENUE FUND 403 REVENUES AND BUDGET FOR 2018-2019 404 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 405 The amount hereinafter named aggregating Ninety-Six Million Five Hundred Ninety Thousand Eight 406 Hundred dollars ($96,590,800) or so much thereof as may be necessary are hereby appropriated from 407 current revenues and other funds for the use by several departments of the Municipal Government for 408 the fiscal year beginning July 1, 2018 and ending June 30, 2019: 409 2018/19 2018/19 410 BUDGET REVISED 411 BEGINNING BALANCE $ 12,393,600 $ 16,025,300 412 DISTRIBUTION OF EARNINGS - PCA CREDIT (2,877,400) (2,877,400) 413 BEGINNING BALANCE - ADJUSTED 9,516,200 13,147,900 414 BASE REVENUE 415 DIRECT SALES TO CUSTOMER 81,192,600 81,192,600 416 UTILITY TAX 1,299,100 1,299,100 417 MISCELLANEOUS REVENUE 524,300 524,300 418 RENT REVENUE 104,500 104,500 419 GREEN ENERGY 127,400 127,400 420 INTEREST EARNINGS 195,000 195,000 421 TOTAL REVENUES 83,442,900 83,442,900 TOTAL BEGINNING BALANCE & REVENUES $ 92,959,100 $ 96,590,800 422
13 FINAL READING 423 2018-2019 BUDGET ORDINANCES - SECOND AMENDMENT 424 ELECTRIC REVENUE FUND EXPENSES AND BUDGET BALANCE FOR 2018-2019 425 2018/19 2018/19 426 EXPENSES BUDGET REVISED 427 POWER SUPPLY $ 24,232,900 $ 24,232,900 428 SOLAR ENERGY 2,685,400 2,685,400 429 SOLAR RENEWAL ENERGY CREDITS 392,300 392,300 430 POWER SUPPLY MANAGEMENT 1,085,000 1,085,000 431 REC'S (Renewable Energy Credits) 309,600 309,600 432 RGGI (Regional Greenhouse Gas Init.) 54,000 54,000 433 PJM CHARGES - ENERGY 5,394,600 5,394,600 434 PJM CHARGES - TRANSMISSION & FEES 6,921,000 6,921,000 435 CAPACITY CHARGES 16,663,400 16,663,400 436 SUB-TOTAL POWER SUPPLY 57,738,200 57,738,200 437 PLANT OPERATIONS 6,216,000 6,216,000 438 GENERATIONS FUELS 778,400 778,400 439 PJM SPOT MARKET ENERGY (1,089,100) (1,089,100) 440 PJM CREDITS (454,400) (454,400) 441 CAPACITY CREDITS (14,589,000) (14,589,000) 442 GENERATION SUBTOTAL (9,138,100) (9,138,100) 443 POWER SUPPLY & GENERATION SUBTOTAL 48,600,100 48,600,100
444 DIRECT EXPENDITURES 445 TRANSMISSION/DISTRIBUTION 3,673,500 3,673,500 446 ELECTRICAL ENGINEERING 1,223,500 1,223,500 447 ADMINISTRATION 625,400 625,400 448 METER READING 401,800 401,800 449 SYSTEMS OPERATIONS 690,700 690,700 450 DIRECT EXPENDITURE SUBTOTALS 6,614,900 6,614,900 451 OTHER EXPENSES: 452 UTILITY TAX 1,299,100 1,299,100 453 ALLOW FOR UNCOLLECTIBLES 250,000 250,000 454 RETIREES HEALTH CARE 721,400 721,400 455 OTHER EMPLOYMENT EXPENSES 163,800 163,800 456 GREEN ENERGY PAYMENT TO DEMEC 127,400 127,400 457 INTERFUND SERVICE FEES 3,875,500 3,875,500 458 INTEREST ON DEPOSITS 17,500 17,500 459 BANK & CREDIT CARD FEES 327,000 327,000 460 DEBT SERVICE 1,584,700 1,584,700 OTHER EXPENSES SUBTOTAL 8,366,400 8,366,400 461 462 TRANSFER TO: 463 IMPROVEMENT & EXTENSION 6,400,000 6,400,000 464 GENERAL FUND 10,000,000 10,000,000 465 TRANSFER TO DEPRECIATION RESERVE 2,500,000 2,500,000 466 RATE STABILIZATION RESERVE - 2,000,000 TRANSFER TO SUBTOTAL 18,900,000 20,900,000 467 TOTAL EXPENSES 82,481,400 84,481,400 468 BUDGET BALANCE - WORKING CAPITAL 10,477,700 12,109,400 469 470 TOTALS $ 92,959,100 $ 96,590,800 471 The City Manager is hereby authorized, without further approval of the City Council, to make 472 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 473 department with the exception of any transfers prohibited by City Procedure #F306. 474 ADOPTED:
14 FINAL READING 475 CITY OF DOVER ORDINANCE # 2019-09 476 ELECTRIC UTILITY IMPROVEMENT AND EXTENSION FUND 477 CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019
478 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 479 The amount hereinafter named aggregating Eighteen Million Five Hundred Eighty-One Thousand Seven 480 Hundred dollars ($18,581,700) or so much thereof as may be necessary are hereby appropriated from 481 current revenues and other funds for the use by several departments of the Municipal Government for the 482 fiscal year beginning July 1, 2018 and ending June 30, 2019: 483 REVENUES 484 2018/19 2018/19 485 BUDGET REVISED 486 BEGINNING BALANCE $ 8,332,100 $ 11,123,900 487 REVENUES 488 TRANSFER FROM ELECTRIC 6,400,000 6,400,000 489 TRANSFER FROM WATER/WASTEWATER 298,000 298,000 490 TRANSFER FROM GENERAL FUND 200,000 200,000 491 GENERAL SERVICE BILLING 450,000 450,000 493 INTEREST EARNINGS 109,800 109,800 TOTAL REVENUES 7,457,800 7,457,800 494 495 TOTALS $ 15,789,900 $ 18,581,700 496 EXPENSE SUMMARY 497 2018/19 2018/19 498 EXPENSES BUDGET REVISED 499 ELECTRIC ADMINISTRATION $ 1,175,200 $ 1,175,200 500 ELECTRIC GENERATION 1,546,000 1,658,000 501 TRANSMISSION AND DISTRIBUTION 1,383,000 1,383,000 502 ELECTRICAL ENGINEERING 2,245,500 2,392,600 503 ERP SYSTEM 548,000 2,057,000 504 TOTAL EXPENSES 6,897,700 8,665,800 505 BUDGET BALANCE 8,892,200 9,915,900
506 TOTAL BUDGET BALANCE & EXPENSES $ 15,789,900 $ 18,581,700 507 The City Manager is hereby authorized, without further approval of the City Council, to make 508 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 509 department with the exception of any transfers prohibited by City Procedure #F306. 510 ADOPTED:
15 FINAL READING 511 CITY OF DOVER ORDINANCE # 2019-09 512 ELECTRIC UTILITY CONTINGENCY RESERVE 513 CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019 514 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 515 The amount hereinafter named aggregating Eight Hundred Eighty Two Thousand One Hundred dollars 516 ($882,100) or so much thereof as may be necessary are hereby appropriated from current revenues and 517 other funds for the use by several departments of the Municipal Government for the fiscal year 518 beginning July 1, 2018 and ending June 30, 2019: 519 CASH RECEIPTS 520 2018/19 2018/19 521 BUDGET REVISED 522 BEGINNING BALANCE $ 871,400 $ 876,200 523 RECEIPTS 524 INTEREST EARNINGS 5,900 5,900 525 TOTAL RECEIPTS 5,900 5,900 526 TOTALS $ 877,300 $ 882,100
527 EXPENSE SUMMARY 528 2018/19 2018/19 529 BUDGET REVISED
530 CURRENT YEAR BALANCE 877,300 $ 882,100 531 TOTALS $ 877,300 $ 882,100
532 The City Manager is hereby authorized, without further approval of the City Council, to make 533 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 534 department with the exception of any transfers prohibited by City Procedure #F306. 535 ADOPTED:
16 FINAL READING 536 CITY OF DOVER ORDINANCE # 2019-09 537 ELECTRIC UTILITY DEPRECIATION RESERVE 538 SOURCES AND USE OF FUNDS FOR 2018-2019 539 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 540 The amount hereinafter named aggregating Sixteen Million Thirty-One Thousand Eight 541 Hundred dollars ($16,031,800) or so much thereof as may be necessary are hereby appropriated from 542 current revenues and other funds for the use by several departments of the Municipal Government for 543 the fiscal year beginning July 1, 2018 and ending June 30, 2019: 544 CASH RECEIPTS 545 2018/19 2018/19 546 BUDGET REVISED 547 BEGINNING BALANCE $ 13,173,700 $ 13,246,600 548 INTEREST EARNINGS 285,200 285,200 549 TRANSFER FROM ELECTRIC OPERATING FUND 2,500,000 2,500,000 550 TOTALS $ 15,958,900 $ 16,031,800 BUDGET SUMMARY 551 2018/19 2018/19 552 BUDGET REVISED
553 CURRENT YEAR BALANCE 15,958,900 $ 16,031,800 554 TOTALS $ 15,958,900 $ 16,031,800
555 The City Manager is hereby authorized, without further approval of the City Council, to make 556 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 557 department with the exception of any transfers prohibited by City Procedure #F306. 558 ADOPTED:
17 FINAL READING 559 CITY OF DOVER ORDINANCE # 2019-09 560 ELECTRIC UTILITY FUTURE CAPACITY RESERVE 561 SOURCES AND USE OF FUNDS FOR 2018-2019 562 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 563 The amount hereinafter named aggregating Thirteen Million Six Hundred Ninety-Two Thousand 564 Six Hundred dollars ($13,692,600) or so much thereof as may be necessary are hereby appropriated from 565 current revenues and other funds for the use by several departments of the Municipal Government 566 for the fiscal year beginning July 1, 2018 and ending June 30, 2019: 567 CASH RECEIPTS 568 2018/19 2018/19 569 BUDGET REVISED 570 BEGINNING BALANCE $ 13,330,200 $ 13,404,000 571 INTEREST EARNINGS 288,600 288,600 572 TOTALS $ 13,618,800 $ 13,692,600 573 BUDGET SUMMARY 574 2018/19 2018/19 575 BUDGET REVISED
576 CURRENT YEAR BALANCE 13,618,800 $ 13,692,600 577 TOTALS $ 13,618,800 $ 13,692,600
578 The City Manager is hereby authorized, without further approval of the City Council, to make 579 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 580 department with the exception of any transfers prohibited by City Procedure #F306. 581 ADOPTED:
18 FINAL READING 582 CITY OF DOVER ORDINANCE # 2019-09 583 ELECTRIC UTILITY INSURANCE STABLIZATION RESERVE 584 SOURCES AND USE OF FUNDS FOR 2018-2019 585 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 586 The amount hereinafter named aggregating Seven Hundred Ninety Two Thousand Five Hundred dollars 587 ($792,500) or so much thereof as may be necessary are hereby appropriated from current revenues and 588 other funds for the use by several departments of the Municipal Government for the fiscal year 589 beginning July 1, 2018 and ending June 30, 2019: 590 CASH RECEIPTS 591 2018/19 2018/19 592 BUDGET REVISED 593 BEGINNING BALANCE $ 764,800 $ 769,111 594 INTEREST EARNINGS 23,389 23,389 595 TOTALS $ 788,200 $ 792,500
596 BUDGET SUMMARY 597 2018/19 2018/19 598 BUDGET REVISED
599 CURRENT YEAR BALANCE 788,200 $ 792,500 600 TOTALS $ 788,200 $ 792,500
601 The City Manager is hereby authorized, without further approval of the City Council, to make 602 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 603 department with the exception of any transfers prohibited by City Procedure #F306. 604 ADOPTED:
19 FINAL READING 605 CITY OF DOVER ORDINANCE # 2019-09 606 ELECTRIC UTILITY RATE STABLIZATION RESERVE 607 SOURCES AND USE OF FUNDS FOR 2018-2019 608 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 609 The amount hereinafter named aggregating Eighteen Million Seventy-Four Thousand One 610 Hundred dollars ($18,074,100) or so much thereof as may be necessary are hereby appropriated from 611 current revenues and other funds for the use by several departments of the Municipal Government 612 for the fiscal year beginning July 1, 2018 and ending June 30, 2019: 613 CASH RECEIPTS 614 2018/19 2018/19 615 BUDGET REVISED 616 BEGINNING BALANCE $ 9,798,700 $ 16,024,100 617 INTEREST EARNINGS 50,000 50,000 618 TRANSFER FROM ELECTRIC OPERATING FUND - 2,000,000 619 TOTALS $ 9,848,700 $ 18,074,100
620 BUDGET SUMMARY 621 2018/19 2018/19 622 BUDGET REVISED 623 TRANSFER TO ELECTRIC FUND $ 2,877,400 $ 2,877,400 623 CURRENT YEAR BALANCE 6,971,300 15,196,700 624 TOTALS $ 9,848,700 $ 18,074,100 625 The City Manager is hereby authorized, without further approval of the City Council, to make 626 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 627 department with the exception of any transfers prohibited by City Procedure #F306. 628 ADOPTED:
20 FINAL READING 629 CITY OF DOVER ORDINANCE # 2019-09 630 MUNICIPAL STREET AID FUND 631 CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019 632 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 633 The amount hereinafter named aggregating Six Hundred Sixty-Five Thousand Four Hundred dollars 634 ($665,400) or so much thereof as may be necessary are hereby appropriated from current revenues 635 and other funds for the use by several departments of the Municipal Government for the fiscal year 636 beginning July 1, 2018 and ending June 30, 2019: 637 CASH RECEIPTS 638 2018/19 2018/19 639 BUDGET REVISED 640 BEGINNING BALANCE $ 100 $ 100 641 STATE GRANT 665,300 665,300 642 TOTALS $ 665,400 $ 665,400
643 BUDGET SUMMARY 644 2018/19 2018/19 645 BUDGET REVISED 646 TRANSFER TO GENERAL FUND 665,300 $ 665,300 647 CURRENT YEAR BALANCE 100 100 648 TOTALS $ 665,400 $ 665,400
649 The City Manager is hereby authorized, without further approval of the City Council, to make 650 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 651 department with the exception of any transfers prohibited by City Procedure #F306. 652 ADOPTED:
21 FINAL READING 653 CITY OF DOVER ORDINANCE # 2019-09 654 ELECTRONIC RED LIGHT SAFETY PROGRAM 655 CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019 656 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 657 The amount hereinafter named aggregating Four Hundred Ninety-Seven Thousand One Hundred dollars 658 ($497,100) or so much thereof as may be necessary are hereby appropriated from current revenues 659 and other funds for the use by several departments of the Municipal Government for the fiscal year 660 beginning July 1, 2018 and ending June 30, 2019: 661 CASH RECEIPTS 662 2018/19 2018/19 663 BUDGET REVISED 664 BEGINNING BALANCE $ 100 $ 100 665 POLICE FINES 497,000 497,000 666 TOTALS $ 497,100 $ 497,100
667 BUDGET SUMMARY 668 2018/19 2018/19 669 BUDGET REVISED 670 TRANSFER TO GENERAL FUND 497,000 $ 497,000 671 CURRENT YEAR BALANCE 100 100 672 TOTALS $ 497,100 $ 497,100
673 The City Manager is hereby authorized, without further approval of the City Council, to make 674 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 675 department with the exception of any transfers prohibited by City Procedure #F306. 676 ADOPTED:
22 FINAL READING 677 CITY OF DOVER ORDINANCE # 2019-09 678 WORKERS COMPENSATION FUND 679 CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019 680 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 681 The amount hereinafter named aggregating Two Million Four Hundred Seventy- Three Thousand Eight 682 Hundred dollars ($2,473,800) or so much thereof as may be necessary are hereby appropriated from 683 current revenues and other funds for the use by several departments of the Municipal Government 684 for the fiscal year beginning July 1, 2018 and ending June 30, 2019: 685 OPERATING REVENUES 686 2018/19 2018/19 687 BUDGET REVISED 688 BEGINNING BALANCE $ 1,444,700 $ 1,542,800 689 INTEREST INCOME 22,500 22,500 690 PREMIUM FROM CITY 908,500 908,500 691 TOTALS $ 2,375,700 $ 2,473,800 692 OPERATING EXPENSES 693 2018/19 2018/19 694 BUDGET REVISED 695 PROGRAM EXPENSES/SUPPLIES - CLAIMS $ 550,000 $ 550,000 696 INSURANCE 110,000 110,000 697 STATE OF DEL - SELF INSURANCE TAX 39,000 39,000 698 CONTRACTUAL SERVICES 25,000 25,000
699 TOTAL EXPENSES 724,000 724,000
700 CURRENT YEAR BALANCE 1,651,700 1,749,800
701 TOTALS $ 2,375,700 $ 2,473,800 702 The City Manager is hereby authorized, without further approval of the City Council, to make 703 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 704 department with the exception of any transfers prohibited by City Procedure #F306. 705 ADOPTED:
23 FINAL READING 706 CITY OF DOVER ORDINANCE # 2019-09 707 COMMUNITY TRANSPORTATION IMPROVEMENT FUND 708 CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019 709 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 710 The amount hereinafter named aggregating One MillionOn e Hundred Sixty-Two Thousand Four Hundred dollars 711 ($1,162,400) or so much thereof as may be necessary are hereby appropriated from current revenues 712 and other funds for the use by several departments of the Municipal Government for the fiscal year 713 beginning July 1, 2018 and ending June 30, 2019: 714 OPERATING REVENUES 715 2018/19 2018/19 716 BUDGET REVISED 717 PRIOR YEAR BALANCE $ 70,900 $ 662,400 718 GRANTS REVENUE 500,000 500,000 719 TOTALS $ 570,900 $ 1,162,400
720 OPERATING EXPENSES 721 2018/19 2018/19 722 BUDGET REVISED 723 PROGRAM EXP. GRANT RELATED $ 500,000 $ 679,900
724 CURRENT YEAR BALANCE 70,900 482,500
725 TOTALS $ 570,900 $ 1,162,400
726 The City Manager is hereby authorized, without further approval of the City Council, to make 727 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 728 department with the exception of any transfers prohibited by City Procedure #F306.
729 ADOPTED:
24 FINAL READING 730 CITY OF DOVER ORDINANCE # 2019-09 731 LIBRARY GRANT FUND 732 CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019 733 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 734 The amount hereinafter named aggregating Two Hundred Ninety Thousand Five Hundred dollars 735 ($290,500) or so much thereof as may be necessary are hereby appropriated from current revenues 736 and other funds for the use by several departments of the Municipal Government for the fiscal year 737 beginning July 1, 2018 and ending June 30, 2019: 738 OPERATING REVENUES 739 2018/19 2018/19 740 BUDGET REVISED 741 PRIOR YEAR BALANCE $ - $ 1,000 742 STATE GRANT 287,900 287,900 743 FEDERAL GRANT 2,500 2,500
744 TOTALS $ 290,400 $ 291,400
745 OPERATING EXPENSES 746 2018/19 2018/19 747 BUDGET REVISED 748 STATE GRANTS 749 FURNITURE/FIXTURES $ 5,500 $ 5,500 750 OFFICE SUPPLIES 25,000 25,000 751 PRINTING AND DUPLICATING 12,500 12,500 752 PROGRAM EXPENSES/SUPPLIES 26,100 26,100 753 BOOKS 126,000 126,000 754 COMPUTER SOFTWARE 2,000 2,000 755 COMPUTER HARDWARE 3,500 3,500 756 AUDIO VISUAL SUPPLIES 79,000 79,000 757 POSTAGE 100 100 758 TRAINING/CONF/FOOD/TRAV 4,000 4,000 759 OFF EQP/REPAIRS & MAINT 2,000 2,000 760 OTHER EQUIP - LEASE 2,200 2,200 761 SUBTOTAL EXPENSES STATE GRANTS 287,900 287,900 762 FEDERAL GRANTS 763 PROGRAM EXPENSES/SUPPLIES 1,600 1,600 764 SUBTOTAL EXPENSES FEDERAL GRANTS 1,600 1,600
765 GRAND TOTAL EXPENSES 289,500 289,500
766 CURRENT YEAR BALANCE - 1,900 767 TOTALS $ 289,500 $ 291,400
768 The City Manager is hereby authorized, without further approval of the City Council, to make 769 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 770 department with the exception of any transfers prohibited by City Procedure #F306. 771 ADOPTED:
25 FINAL READING 772 CITY OF DOVER ORDINANCE # 2019-09 773 POLICE GRANTS FUND 774 CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019 775 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 776 The amount hereinafter named aggregating Five Hundred Ninety-Four Thousand Three Hundred dollars 777 ($594,300) or so much thereof as may be necessary are hereby appropriated from current revenues 778 and other funds for the use by several departments of the Municipal Government for the fiscal year 779 beginning July 1, 2018 and ending June 30, 2019: 780 OPERATING REVENUES 781 2018/19 2018/19 782 BUDGET REVISED 783 PRIOR YEAR BALANCE $ 63,500 $ 201,300 784 STATE AND FEDERAL GRANTS RECEIVED 393,000 393,000 785 TOTALS $ 456,500 $ 594,300
786 OPERATING EXPENSES 787 2018/19 2018/19 788 BUDGET REVISED 789 EXPENDITURES 790 PERSONNEL EXPENDITURES 791 CADET PROGRAM SALARIES 11,900 $ 11,900 792 CADET PROGRAM FICA 900 900 793 CADET PROGRAM W/COMP 700 700 794 MATERIALS AND SUPPLIES 795 POLICE EQUIPT & PROG SUPP 317,000 317,000 796 ADMINISTRATIVE EXPENDITURES 797 CELL PHONE CHARGES 20,000 20,000 798 TRAINING 15,000 15,000 799 AUDIT FEES 1,000 1,000 800 TOTAL EXPENDITURES 366,500 366,500 801 OTHER FINANCING USES 802 OPERATING TRANSFERS-OUT 90,000 90,000 803 TOTAL FINANCING USES 90,000 90,000
804 CURRENT YEAR BALANCE - 137,800 805 TOTALS $ 456,500 $ 594,300
806 The above budget represents the combination of all State & Federal Grants. 807 The City Manager is hereby authorized, without further approval of the City Council, to make 808 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 809 department with the exception of any transfers prohibited by City Procedure #F306. 810 ADOPTED:
26 FINAL READING 811 CITY OF DOVER ORDINANCE # 2019-09 812 CDBG GRANT FUND 813 CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019 814 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 815 The amount hereinafter named aggregating Four Hundred Six Thousand Nine Hundred dollars 816 ($406,900) or so much thereof as may be necessary are hereby appropriated from current revenues 817 and other funds for the use by several departments of the Municipal Government for the fiscal year 818 beginning July 1, 2018 and ending June 30, 2019: 819 OPERATING REVENUES 820 2018/19 2018/19 821 BUDGET REVISED 822 PRIOR YEAR BALANCE $ 2,500 $ 2,000 823 CDBG GRANTS RECEIVED 230,300 404,900 824 TOTALS $ 232,800 $ 406,900
825 OPERATING EXPENSES 826 2018/19 2018/19 827 BUDGET REVISED 828 EXPENDITURES 829 PRIOR YEAR CONNECTION SUPP PROGRAM $ - $ 4,000 830 PRIOR YEAR CLOSING COST/DOWN PAYMENT PROGRAM - 1,800 831 PRIOR YEAR DOVER INTERFAITH MINISTRY - 1,400 832 PRIOR YEAR MHDC HOMEOWNER REHAB. - 57,900 833 PRIOR YEAR MHDC EMERGENCY HOME REPAIR - 7,700 834 PRIOR YEAR HABITAT FOR HUMANITY - 21,300 835 PRIOR YEAR ADMIN EXPENSE - 39,800 836 CURRENT YEAR CLOSING COST/DOWN PAYMENT PROGRAM 70,000 105,000 837 CURRENT YEAR CONNECTION SUPP PROGRAM 5,000 5,000 838 CURRENT YEAR DOVER INTERFAITH MINISTRY 22,000 22,000 839 CURRENT YEAR MHDC EMERGENCY HOME REPAIR 29,200 39,800 840 CURRENT YEAR HABITAT FOR HUMANITY 20,000 20,000 841 CURRENT YEAR MHDC HOMEOWNER REHAB. 38,000 25,000 842 CURRENT YEAR ADMIN EXPENSE 46,100 54,200 843 TOTAL EXPENDITURES 230,300 404,900
844 CURRENT YEAR BALANCE 2,500 2,000 868 CURRENT YEAR BALANCE NSP 6,300 - 869 TOTALS $ 232,800 $ 406,900
870 The City Manager is hereby authorized, without further approval of the City Council, to make 871 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 872 department with the exception of any transfers prohibited by City Procedure #F306. 873 ADOPTED:
27 FINAL READING 874 CITY OF DOVER ORDINANCE # 2019-09 875 SUBSTANCE ABUSE GRANTS FUND 876 CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019 877 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 878 The amount hereinafter named aggregating One Hundred Fifty-Four Thousand Seven Hundred dollars ($154,700) 879 or so much thereof as may be necessary are hereby appropriated from current revenues and other funds 880 for the use by several departments of the Municipal Government for the fiscal year beginning 881 July 1, 2018 and ending June 30, 2019: 882 OPERATING REVENUES 883 2018/19 2018/19 884 BUDGET REVISED 885 PRIOR YEAR BALANCE $ 45,700 $ 93,700 886 STATE GRANTS RECEIVED 28,000 28,000 887 RECREATION REVENUE 33,000 33,000 888 TOTALS $ 106,700 $ 154,700
889 OPERATING EXPENSES 890 2018/19 2018/19 891 BUDGET REVISED 892 EXPENDITURES 893 TEMPORARY HELP/BENEFITS 67,700 $ 67,700 894 PROGRAM EXPENSES/SUPPLIES 35,000 35,000 895 TOTAL EXPENDITURES 102,700 102,700
896 CURRENT YEAR BALANCE 45,700 52,000 897 TOTALS $ 148,400 $ 154,700
898 The above budget represents the combination of all State & Federal Grants. 899 The City Manager is hereby authorized, without further approval of the City Council, to make 900 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 901 department with the exception of any transfers prohibited by City Procedure #F306. 902 ADOPTED:
28 FINAL READING 903 CITY OF DOVER ORDINANCE # 2019-09 904 REALTY TRANSFER TAX FUND 905 CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019 906 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 907 The amount hereinafter named aggregating One Million Four Hundred Fifty-Nine Thousand Three 908 Hundred dollars ($1,459,300) or so much thereof as may be necessary are hereby appropriated from 909 current revenues and other funds for the use by several departments of the Municipal Government 910 for the fiscal year beginning July 1, 2018 and ending June 30, 2019: 911 CASH RECEIPTS 912 2018/19 2018/19 913 BUDGET REVISED 914 BEGINNING BALANCE $ - $ - 915 REALTY TRANSFER TAXES 1,459,300 1,459,300 916 TOTALS $ 1,459,300 $ 1,459,300
917 BUDGET SUMMARY 918 2018/19 2018/19 919 BUDGET REVISED 920 TRANSFER TO GENERAL FUND 1,459,300 $ 1,459,300 921 CURRENT YEAR BALANCE - - 922 TOTALS $ 1,459,300 $ 1,459,300
923 The City Manager is hereby authorized, without further approval of the City Council, to make 924 interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any 925 department with the exception of any transfers prohibited by City Procedure #F306. 926 ADOPTED:
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