council committee of the whole meeting agenda

Council Committee of the Whole Meeting Agenda

February 11, 2020 - 6:00 p.m.

City Hall Council Chambers15 Loockerman Plaza, Dover, Delaware

Public comments are welcomed on any item and will be permitted at the appropriate time. Whenpossible, please notify the City Clerk (736-7008 or email at [email protected]) should you wishto be recognized.

Parks, Recreation, and Community Enhancement Committee

Adoption of the Agenda

1. Citizen Quality of Life and Community Enhancement Concerns

2. Community Development Block Grant (CDBG) Semi-Annual Report (September 2019 -February 2020)

3. Proposed Budget Amendments to the 2019 Community Development Block Grant (CDBG)Action Plan and Carry-Forward Undisbursed Obligations

(Staff recommendation: Approval of the proposed Budget Amendments totaling $154,209.73for Fiscal Year 2019)

4. Adjournment of Parks, Recreation, and Community Enhancement Committee meeting

Utility Committee


1. Proposed Utility Rate Changes

2. Presentation - Streetlight Inventory and Photometric Analysis (Citelum)

3. Discussion - Wireless Communications Facilities

4. Adjournment of Utility Committee meeting

mailto:[email protected]

Council Committee of the Whole Agenda - February 11, 2020

Legislative, Finance, and Administration Committee


1. Proposed Amendments to Personnel Policy (Employee Handbook) - Discrimination andHarassment Section

(Staff recommendation: Accept policy updates as recommended)

2. Amendments to Travel Policy(Staff recommendation: Approve the Travel Policy as revised)

3. Extension of Contract Services for Third Party Payroll Processing provided by AutomaticData Processing, Inc. (ADP)

(Staff recommendation: Authorize the Controller/Treasurer to extend the ADP contractthrough December 31, 2020, unless the ERP implementation results in an earliercancellation)

4. Proposed Ordinance #2020-04 - Amending Chapter 22 - Buildings and BuildingRegulations, Article I - In General, Section 22-1 - Construction and Property MaintenanceCode Board of Appeals

(Staff recommendation: Adoption of the Ordinance #2020-04)

5. Adjournment of Legislative, Finance, and Administration Committee meeting

Adjournment of Council Committee of the Whole meeting

S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Agendas\2020\02-11-2020 CCW AGENDA.wpd

The agenda items as listed may not be considered in sequence. Pursuant to 29 Del.C. §1004(e)(2),this agenda is subject to change to include the addition or deletion of items, including executivesessions, which arise at the time of the meeting.

CDBG Semi-Annual Report

September 2019 – February 2020

CDBG Semi-Annual Review

- The City met the performance standards for the FY18-19 Annual Community Assessment for

the administration of the CDBG Program which includes compliance with the timeliness

standard for expenditure of funds.

- The Draft Fair Housing Plan is under review by the Fair Housing Consortium and the Final Plan

is expected to be released within the next few months.

- Staff is in the process of completing the 2020-2024 Consolidated Plan. Applications for the Multi-

Year Action Plan as part of the Consolidated Plan were being accepted from January 10th

through February 10th. A Stakeholder meeting and a Public Hearing were held on January 29th at

the Library to gather input on the community development needs to better serve the community.

CDBG FY19 Projects

The following projects are underway

Homeownership Assistance Program

CDBG funds will be used to provide settlement assistance up $20,000 to first-time homebuyers

who purchase affordable housing in the City. Four (4) first-time homebuyers have purchased

affordable housing in the City. Eighty two percent of funds for this project have been drawn

down year to date.

Dover Interfaith Mission for Housing (DIMH)

CDBG funds will be used to provide operations cost for the shelter. This project is underway, 53%

of funds for this project have been drawn down year to date.

DIMH &Central Delaware Housing Collaborative

CDBG funds will be used to renovate an existing building that will service homeless women

and children. The Environmental Review has been completed for this project. Once bids for this

project have been received and the contract awarded, rehabilitation work will begin with this

project.

Milford Housing Homeowner Rehabilitation/Emergency Home Repair Programs

CDBG funds will be used to rehabilitate and complete emergency home repairs to existing

owner-occupied homes found in violation of the City’s Housing Code. Emergency Home

Repairs have been completed on three (3) owner-occupied homes year to date.

Central Delaware Habitat for Humanity/Connections Community Support Program

CDBG grant funds for Fiscal Years 16, 17, and 18 have been terminated for Habitat and

Connections for failure to draw down program funds in a timely manner. Staff is proposing to

reallocate program funds to the Central Delaware Housing Collaborative for the rehabilitation of

a women’s shelter.

Parks, Recreation, and Community Enhancement 2/11/2020

2019 Grant Projects Project Details Total Grant Funds Expended Unencumbered Balance

Homeownership Assistance Program

Funds will be utilized for

settlement assistance for

properties purchased in

the City

$97,845 $80,000 $17,845

Central DE Housing Collaborative

Funds will be utilized to

renovate a building for

homeless women and

children

$40,000 $0 $40,000

Dover Interfaith Mission for Housing


utility and maintenance

cost for the shelter.

$30,000 $15,796 $14,204

Milford Housing Development Corp Funds will be utilized for

emergency home repairs. $33,000 $7,805 $25,195

Milford Housing Development Corp


rehabbing owner

occupied homes.

$25,000 $0 $25,000

Total $225,845 $103,601 $122,244

Status of FY-19 Program Funds - Fiscal Year 7/1/19- 6/30/20

Mr. Dave Hugg, Director of Planning and Inspection 15 E. Loockerman Street PO Box475 Dover, DE 19903

Dear Honorable Robin R. Christiansen:

RE: Annual Community Assessment City of Dover July 1, 2018 through June 30, 2019

U.S. Department of Housing and Urban Development

Philadelphia Office The Wanamaker Building 100 Penn Square East Philadelphia, Pennsylvania 19107-3380

DEC 1 2 2019

The provisions of the Housing and Community Development Act of 1974, as amended, and the National Affordable Housing Act of 1990, require the annual submission of performance reports by grant recipients receiving federal assistance through programs covered under these Acts. Additionally, these Acts require that a determination be made by the Secretary of the U.S. Department of Housing and Urban Development that the grant recipient is in compliance with the statutes and has the continuing capacity to implement and administer the programs for which assistance is received.

The Consolidated Plan regulations at 24 CFR 91.525 require the Department to evaluate and report to the public on a community's overall progress in the management of its program funds, compliance with the Consolidated Plan, the accuracy of performance reports, and the extent to which progress has been achieved toward the statutory goals identified in Section 91.1 . This letter serves to apprise you of our assessment of the City of Dover's overall progress.

In making our evaluation, we relied primarily upon the City's submission of the Consolidated Annual Performance and Evaluation Report (CAPER) for Program Year 2018. This report summarized accomplishments made with funds provided from the Community Development Block Grant (CDBG) program. This letter is a summary of our review of the City's overall performance.

Under the Part 91 Consolidated Planning regulations, all Annual Action Plans and CAPERs are required to include performance measures as part of annual reporting. The Office of Management and Budget has deemed this information necessary to validate the continued funding of HUD programs. The City provided performance measures as required by this guidance.

www.hud.gov espanol.hud.gov

Mr. Dave Hugg, Director of Planning and Inspection

Re: Annual Community Assessment Program Year 2018

Page 2

The HUD CDBG timeliness requirement is that a community may have no more than 1.5 times its most recent annual grant remaining in the line of credit 60 days prior to the end of its program year. When the 60-day timeliness test was conducted on May 2, 2019, it was calculated that the city had a balance in its line of credit of 1.35 times its annual grant, which is in compliance with the 1.5 timeliness standard. Please note that beginning in 2017, HUD began measuring grantee compliance with the CDBG timeliness standard using the adjusted for program income ratio.

During the 2018 program year, the city reports that it expended 100.00 percent of its CDBG funds for activities benefiting low- and moderate-income persons, which meets the primary objective of the Housing and Community Development Act of 1974. In addition, the city spent 2.42 percent of its funds on public service activities, which is below the 15 percent regulatory cap. The city obligated 17 .30 percent of its CDBG funds to planning and administration, which is below the 20 percent regulatory cap and in compliance with the program year obligation test at 24 CFR 570.200(g)(2).

The grant-based accounting interim rule at 24 CFR 570.200(g)(l) requires that, for 2015 and subsequent CDBG grants, a grantee may not expend more than 20 percent of any year grant for planning and program administrative costs. As a result, beginning with 2015 CDBG grants, grantees must ensure compliance with this new origin year grant expenditure test. In review of the city's origin year expenditures, HUD has determined that the city is in compliance with the origin year expenditure test for its 2015 grant - the grant is fully expended, and 0.00 percent of the grant was expended for planning and administrative costs. Though not fully expended, currently the city has expended 12.65 percent of its 2016 grant, 10.63 percent of its 2017, and 17.30 percent of its 2018 on planning and program administrative costs. The city's final compliance with the 2016, 2017, and 2018 origin year expenditure tests will be assessed once the grants are fully expended.

The city received a CDBG grant of $270,899 for Program Year 2018, and expended $243,047.64 of CDBG funds during the period. Resources were devoted to activities in geographic areas consisting primarily of low- and moderate-income residents throughout the city. The types of activities undertaken with these funds include homeownership assistance, housing rehabilitation, emergency home repair projects, and activities that benefited homeless persons.

In Program Year 2018, the majority of CDBG funds were spent on housing activities designed to provide decent affordable housing to low- and moderate-income households. A total of $103,145.28 was used to provide seven low-income first-time homebuyers assistance to purchase affordable housing in the city. Additionally, twelve owner-occupied housing units were repaired through the homeowner rehabilitation and emergency home repair programs. Two units were completed through the homeowner rehabilitation program using $56,304 of CDBG funds, and ten units were completed through the emergency home repair program using $103,145 of CDBG funding.



Page 3

Additionally, the city funded homeless activities with CDBG grant funds. These activities included providing operating support to a homeless shelter. A total of $28,219.10 was spent on operating costs. As a result, 242 individuals were provided emergency shelter in Program Year 2018. Additionally, one person that was at-risk of becoming homeless received rental assistance to acquire permanent supportive housing.

HUD acknowledges the city's programmatic accomplishments during the program year. Based on our review we have concluded that the city has the capacity to carry out its CPD programs and has met its reporting requirements.

The city also included in its CAPER its eff01ts to affirmatively furthering fair housing and identify impediments to fair housing. The city continued to fund a local Fair Housing Rights Group to provide education, outreach, and advocacy for fair housing practices. In addition, the city participated in training and webinars with housing providers, created a fair housing task force, and collaborated with market credit counseling education programs for local residents. We commend you for these efforts. As a reminder, program participants that have not updated or completed an Analysis of Impediments upon the submission of their new Consolidated Plan, have not identified meaningful actions taken to address identified impediments in their CAPERs, or maintained adequate records of actions to overcome the effects of the impediments, may be subject to a compliance review. Please note that the Office of Fair Housing and Equal Opportunity is available to provide technical assistance regarding affirmatively furthering fair housing upon your request. Should you have any questions, we encourage you to reach out to Melody Taylor, FHEO Regional Director, at (215) 861-7643, or by email at [email protected].

We ask that you review our assessment of your performance and provide any comments that you may have within 35 days of the date of this letter. Upon receipt, we will evaluate your comments and make any revisions that are deemed appropriate. If you do not have any comments, we request that you formally notify us of that fact within the 35-day timeframe. Where no comments are received within the designated timeframe, our initial letter will serve as our final assessment of the city's performance for this program year. To facilitate and expedite citizen access to our performance letter, we request that you inform the general public and interested citizens' organizations and non-profit entities of its availability. If, for any reason, the city chooses not to do so, please be advised that our office is obligated to make the letter available to the public. We appreciate your cooperation in this matter.



Page4

We look forward to continuing to work with you and members of your staff to accomplish Departmental goals and mutual objectives to develop viable urban communities. We would also be pleased to provide you with any information on resources that may be available to your community. If you need assistance, or if you have any questions concerning the content of this letter please contact Vaughn Watson Jr., Community Development Representative at (215) 861-7650, or by email, at [email protected]. Our telephone text (TTY) number for the hearing impaired is (800) 877-8339.

ACTION FORM

PROCEEDING: Council Committee of the Whole

DEPARTMENT OF ORIGIN: Planning Department DATE SUBMITTED: 1/23/20

PREPARED BY: Tracey Harvey, Planner/CDBG Program Administrator

SUBJECT: Proposed Budget Amendments to the 2019 CDBG Action Plan & Carry-Forward Undisbursed

Obligations

REFERENCE: N/A

RELATED PROJECT: N/A

REVIEWED BY: CDBG Program Administrator & Financial Reporting & Accounting Manager

EXHIBITS: N/A

EXPENDITURE REQUIRED: $154,209.73 AMOUNT BUDGETED: $154,209.73

FUNDING SOURCE (Dept./Page in CIP & Budget):

TIMETABLE: Pending Council approval, the Planning Office will publish a public notice allowing a 30 day

comment period for citizens to comment on the proposed amendment.

STAFF RECOMMENDATION: Staff recommends approval of the proposed Budget Amendments totaling

$154,209.73 for Fiscal Year 2019.

The proposed budget amendment includes the reallocation of unexpended Community Development Block

Grant (CDBG) funds from program years 2016, 2017, and 2018 from Central Delaware Habitat for Humanity

and Connections Community Support Program. These grants have been terminated for failure to draw down

grant funds in a timely manner. The combined total for these grants is $35,283.79. Staff is proposing to

reallocate these funds to the Central Delaware Housing Collaborative to complete renovations to a Women’s

Shelter located at 801 W. Division Street.

Staff is also proposing to reallocate $118,925.94 from an undisbursed obligation prior to the City becoming an

Entitlement Community to the Homeownership Assistance Program. Eighty-two percent of FY19 program

funds for this project have been expended and there is still a demand for Homeownership Assistance. The

undisbursed obligation of funds was identified by the City’s HUD Representative that completed a Financial

Management Review of the CDBG grant.

CDBG Grant Funds available for

reallocation

Connections- Rapid Rehousing FY16 $370.45

Connections -Rapid Rehousing FY17 2,514.34

Connections-Rapid Rehousing FY18 5,000.00

Habitat Homeowner Repair FY17 7,399.00

Habitat Homeowner Repair FY18 20,000.00

Undisbursed Obligation 118,925.94

Total $154,209.73

City of DoverProposed Utility Rate ChangesSample Customer AnalysisEffective July 1, 2020UTILITY COMMITTEE PRESENTATION

FEBRUARY 11, 2020

2

Wate,r fllat Rate ncrease 0.0% 100.0% 0.0,% 01.0% 0.0% Water Unit Rates Increase 0.0% 70% 7.0% 6,,0% 2.0%

Monthly Flat Rate per Account $2.SO $5.00 $5.00 $5.00 $S 00

Inside, Ciity ,customers T'er 1: 0- 61000 gall ons $3.00 $2.49 $2.66 $2.82 $2.88

T r ': 6,001 to 001000 g llons $3.00 $3.l $3 33 $3.53 $3.60 T r 3: Ov · r 100,000 gaUons $3.00 $3.74 $4.00 $4.24 $4.32

,outside City Customers Ti r 1: 0 • 6,000 gallons $4.50 $3.74 $4.00 $4.24 $4.32 Tier 2: 6,001 to 1001000 gall ons $4.50 $4.67 $5.00 $5.30 .40

T 3:0v 00.000 g llon $4.50 $5.60 $5.919 $6.35 $6.48

NEWGEN STR,.>,TE·C-IESAND SOLUTIONS. LLC

3

Sewer F 1at. Rate ncre.ase 0.0% 100.0% 0.0% 0.0% 0.0%

[ Sewer Unrt Rate In crease 0.0% 7.0% 70% 6.0% 1.0% ~ Sewer Groundwater Rate ncrease 0.0% l.0% 70% 6.0% 1.0%

KCSA Rat.e, Increase 10 .. 3% 1Q1.S'% 05% 0.5% O.S%

Mont ly Flat Rate per Account $2.50 $5,.00 $5.00 $,S.00 $5.00

~ lns'de Sewer Rate per 1,000 ga Ions $2.65 $2.84 $3.03 $3,22 $3.25

O it id Sewer Rate per l.000 gallon $3.9'.8 $4.2S $4.55 $4.82 $4.87 1

I Groundwater R t p 1,000 gallons $1.50 $161 $1.72 $,l,82 $184

[ KCSA Rate per 1,000 gallo s $2.S.8 $2.59 $2.61 $,2,62 $2.63

NEWGEN STR,i',TEGIESAND SOLUTIONS. LLC

4

BaseUne (October 291 Worksh,op) Residential, 3,000 gaUons/mo. (Dover Me,dian)

1dewater Utl llities

Artesian Water

City of S aford

City o Mil ord

Ci y o,f Sali b,u ry

Town ,of Georget,own

City of Newar

Dover R@com m@nd@d FY 2021

Dov r C rren FY 2 020

---

$23

$- $20

NEWGEN STRATE-GlES/~ND SOLUTIONS, LLC

Average, $ 70

-$ 0 $60 $80 $100 $120 $140 $160

5

Dover Residential In-City

**using 7/1/18 rates **using 7/1/2020 rates **using 7/1/2021 rates **using 7/1/2022 rates **using 7/1/2023 rates **using 7/1/2023 rates CUM $

USAGE FLAT RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE AMOUNT RATE AMOUNT

EL FLAT 8.46$ 101.52$ 9.42$ 113.04$ 9.42$ 113.04$ 10.38$ 124.56$ 10.38$ 124.56$ 10.38$ 124.56$

EL CNSP 12,713 0.1206$ 1,533.19 0.1209$ 1,537.00 0.1209$ 1,537.00 0.1212$ 1,540.82 0.1212$ 1,540.82 0.1212$ 1,540.82

EL PCA 12,713 (0.00382)$ (48.56) (0.00500)$ (63.57) (0.00500)$ (63.57) (0.00500)$ (63.57) (0.00500)$ (63.57) (0.00500)$ (63.57)

EL GREEN 12,713 0.000178$ 2.26 0.000178$ 2.26 0.000178$ 2.26 0.000178$ 2.26 0.000178$ 2.26 0.000178$ 2.26

ELECTRIC BILLING 1,588.41$ 1,588.74$ 1,588.74$ 1,604.07$ 1,604.07$ 1,604.07$ 15.67$

TRASH BILLING 21.00$ 252.00$ 21.00$ 252.00$ 21.00$ 252.00$ 21.00$ 252.00$ 21.00$ 252.00$ 21.00$ 252.00$ -$

SE CON1 38 2.65$ 100.70$ 2.84$ 107.92$ 3.03$ 115.14$ 3.22$ 122.36$ 3.25$ 123.50$ 3.25$ 123.50$

SE FLAT 12 2.50$ 30.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00

SE GWI 38 1.50$ 57.00 1.61$ 61.18 1.72$ 65.36 1.82$ 69.16 1.84$ 69.92 1.84$ 69.92

SE KCSA 38 2.58$ 98.04 2.59$ 98.42 2.61$ 99.18 2.62$ 99.56 2.63$ 99.94 2.63$ 99.94

WASTEWATER BILLING 285.74$ 327.52$ 339.68$ 351.08$ 353.36$ 353.36$ 67.62$

WA CON1 38 3.00$ 114.00$ 2.49$ 94.62$ 2.66$ 101.08$ 2.82$ 107.16$ 2.88$ 109.44$ 2.88$ 109.44$

WA FLAT 12 2.50$ 30.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00

WATER BILLING 144.00$ 154.62$ 161.08$ 167.16$ 169.44$ 169.44$ 25.44$

TOTAL ANNUAL BILLING 2,270.15$ 2,322.88$ 2,341.50$ 2,374.31$ 2,378.87$ 2,378.87$ 108.73$

Annual $ Increase/(Decrease) 52.73$ 18.62$ 32.81$ 4.56$ -$

Annual % Increase/(Decrease) 2.3% 0.8% 1.4% 0.2% 0.0%

Cumulative $ Increase/(Decrease) 52.73$ 71.35$ 104.17$ 108.73$ 108.73$

Cumulative % Increase/(Decrease) 2.3% 3.1% 4.6% 4.8% 4.8%

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Dover Commercial-3 In-City - Retail



EL FLAT 25.05$ 300.60$ 27.06$ 324.72$ 27.06$ 324.72$ 30.15$ 361.80$ 30.15$ 361.80$ 30.15$ 361.80$

EL CNSP 1,822,800 0.0649$ 118,299.72 0.0621$ 113,195.88 0.0621$ 113,195.88 0.0593$ 108,092.04 0.0593$ 108,092.04 0.0593$ 108,092.04

EL PCA 1,822,800 (0.00382)$ (6,963.10) (0.00500)$ (9,114.00) (0.00500)$ (9,114.00) (0.00500)$ (9,114.00) (0.00500)$ (9,114.00) (0.00500)$ (9,114.00)

EL GREEN 1,822,800 0.000178$ 324.46 0.000178$ 324.46 0.000178$ 324.46 0.000178$ 324.46 0.000178$ 324.46 0.000178$ 324.46

EL DEMAND 4,950 13.38$ 66,231.00 12.86$ 63,657.00 12.86$ 63,657.00 12.34$ 61,083.00 12.34$ 61,083.00 12.34$ 61,083.00

EL KVAR D - POWER FACTOR - 13.38$ - 12.86$ - 12.86$ - 12.34$ - 12.34$ - 12.34$ -

UT TAX 177,868.22 0.0425$ 7,559.40 0.0425$ 7,142.70 0.0425$ 7,142.70 0.0425$ 6,817.97 0.0425$ 6,817.97 0.0425$ 6,817.97

ELECTRIC BILLING 185,752.08$ 175,530.76$ 175,530.76$ 167,565.27$ 167,565.27$ 167,565.27$ (18,186.81)$

SE CON1 1,150 2.65$ 3,047.50$ 2.84$ 3,266.00$ 3.03$ 3,484.50$ 3.22$ 3,703.00$ 3.25$ 3,737.50$ 3.25$ 3,737.50$

SE FLAT 12 2.50$ 30.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00

SE GWI 1,150 1.50$ 1,725.00 1.61$ 1,851.50 1.72$ 1,978.00 1.82$ 2,093.00 1.84$ 2,116.00 1.84$ 2,116.00

SE KCSA 1,150 2.58$ 2,967.00 2.59$ 2,978.50 2.61$ 3,001.50 2.62$ 3,013.00 2.63$ 3,024.50 2.63$ 3,024.50

WASTEWATER BILLING 7,769.50$ 8,156.00$ 8,524.00$ 8,869.00$ 8,938.00$ 8,938.00$ 1,168.50$

LM FLAT 12 2.50$ 30.00$ 5.00$ 60.00$ 5.00$ 60.00$ 5.00$ 60.00$ 5.00$ 60.00$ 5.00$ 60.00$

WA CON - TIER 1 (< 6T) 116 3.00$ 348.00 2.49$ 288.84 2.66$ 308.56 2.82$ 327.12 2.88$ 334.08 2.88$ 334.08

WA CON - TIER 2 (> 6T TO 100T) 1,119 3.00$ 3,357.00 3.11$ 3,480.09 3.33$ 3,726.27 3.53$ 3,950.07 3.60$ 4,028.40 3.60$ 4,028.40

WA CON - TIER 3 (> 100T) 174 3.00$ 522.00 3.74$ 650.76 4.00$ 696.00 4.24$ 737.76 4.32$ 751.68 4.32$ 751.68

WA FLAT 12 2.50$ 30.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00

WATER BILLING 4,287.00$ 4,539.69$ 4,850.83$ 5,134.95$ 5,234.16$ 5,234.16$ 947.16$

TOTAL ANNUAL BILLING 197,808.58$ 188,226.45$ 188,905.59$ 181,569.22$ 181,737.43$ 181,737.43$ (16,071.15)$

Annual $ Increase/(Decrease) (9,582.13)$ 679.14$ (7,336.37)$ 168.21$ -$

Annual % Increase/(Decrease) -4.8% 0.4% -3.9% 0.1% 0.0%

Cumulative $ Increase/(Decrease) (9,582.13)$ (8,902.99)$ (16,239.36)$ (16,071.15)$ (16,071.15)$

Cumulative % Increase/(Decrease) -4.8% -4.5% -8.2% -8.1% -8.1%

-

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+

7

Health Care/ Medical Facility- Primary



EL FLAT 12 19.66$ 235.92 24.32$ 291.84 24.32$ 291.84 28.98$ 347.76 28.98$ 347.76 28.98$ 347.76

EL CNSP 24,314,463 0.0654$ 1,590,165.88 0.0632$ 1,536,674.06 0.0632$ 1,536,674.06 0.0610$ 1,483,182.24 0.0610$ 1,483,182.24 0.0610$ 1,483,182.24

EL PCA 24,314,463 (0.003820)$ (92,881.25) (0.00500)$ (121,572.32) (0.00500)$ (121,572.32) (0.00500)$ (121,572.32) (0.00500)$ (121,572.32) (0.00500)$ (121,572.32)

EL GREEN 24,314,463 0.000178$ 4,327.97 0.000178$ 4,327.97 0.000178$ 4,327.97 0.000178$ 4,327.97 0.000178$ 4,327.97 0.000178$ 4,327.97

EL DEMAND 42,882.48 10.67$ 457,556.06 10.09$ 432,684.22 10.09$ 432,684.22 9.51$ 407,812.38 9.51$ 407,812.38 9.51$ 407,812.38

EL KVAR D - POWER FACTOR 101.54 10.67$ 1,083.43 10.09 1,024.54 10.09$ 1,024.54 9.51$ 965.65 9.51$ 965.65 9.51$ 965.65

UT TAX 1,956,160.04 0.00425$ 8,313.68 0.00425$ 7,858.68 0.00425$ 7,858.68 0.00425$ 7,525.63 0.00425$ 7,525.63 0.00425$ 7,525.63

ELECTRIC BILLING 1,968,801.70$ 1,861,289.01$ 1,861,289.01$ 1,782,589.32$ 1,782,589.32$ 1,782,589.32$ (186,212.38)$

SE CON1 23,505 2.65$ 62,288.25$ 2.84$ 66,754.20$ 3.03$ 71,220.15$ 3.22$ 75,686.10$ 3.25$ 76,391.25$ 3.25$ 76,391.25$

SE FLAT 12 2.50$ 30.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00

SE GWI 23,505 1.50$ 35,257.50 1.61$ 37,843.05 1.72$ 40,428.60 1.82$ 42,779.10 1.84$ 43,249.20 1.84$ 43,249.20

SE KCSA 23,505 2.58$ 60,642.90 2.59$ 60,877.95 2.61$ 61,348.05 2.62$ 61,583.10 2.63$ 61,818.15 2.63$ 61,818.15


LM FLAT 12 2.50$ 30.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00

WA & LM CON - TIER 1 (< 6T) 174 3.00$ 522.00$ 2.49$ 433.26$ 2.66$ 462.84$ 2.82$ 490.68$ 2.88$ 501.12$ 2.88$ 501.12$

WA & LM CON - TIER 2 (> 6T TO 100T) 2,452 3.00$ 7,356.00 3.11$ 7,625.72 3.33$ 8,165.16 3.53$ 8,655.56 3.60$ 8,827.20 3.60$ 8,827.20

WA& LM CON - TIER 3 (> 100T) 21,343 3.00$ 64,029.00 3.74$ 79,822.82 4.00$ 85,372.00 4.24$ 90,494.32 4.32$ 92,201.76 4.32$ 92,201.76

WA FLAT 12 2.50$ 30.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00

WATER BILLING 71,967.00$ 88,001.80$ 94,120.00$ 99,760.56$ 101,650.08$ 101,650.08$ 29,683.08$

TOTAL ANNUAL BILLING 2,198,987.35$ 2,114,826.01$ 2,128,465.81$ 2,062,458.18$ 2,065,758.00$ 2,065,758.00$ (133,229.35)$

Annual $ Increase/(Decrease) (84,161.34)$ 13,639.80$ (66,007.63)$ 3,299.82$ -$




-

-

8

Transmission - Industrial



EL FLAT -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$ -$

EL CNSP 47,560,937 0.0618$ 2,939,265.91 0.0599$ 2,848,900.13 0.0599$ 2,848,900.13 0.0580$ 2,758,534.35 0.0580$ 2,758,534.35 0.0580$ 2,758,534.35

EL PCA 47,560,937 (0.003820)$ (181,682.78) (0.00500)$ (237,804.69) (0.00500)$ (237,804.69) (0.00500)$ (237,804.69) (0.00500)$ (237,804.69) (0.00500)$ (237,804.69)

EL GREEN 47,560,937 0.000178$ 8,465.85 0.000178$ 8,465.85 0.000178$ 8,465.85 0.000178$ 8,465.85 0.000178$ 8,465.85 0.000178$ 8,465.85

EL DEMAND 94,010.75 9.82$ 923,185.57 9.14$ 859,258.26 9.14$ 859,258.26 8.46$ 795,330.95 8.46$ 795,330.95 8.46$ 795,330.95

EL KVAR D - POWER FACTOR (110.54) 9.82$ (1,085.50) 9.14$ (1,010.34) 9.14$ (1,010.34) 8.46$ (935.17) 8.46$ (935.17) 8.46$ (935.17)

UT TAX 3,679,683.19 0.0425$ 156,386.54 0.0425$ 167,065.53 0.0425$ 167,065.53 0.0425$ 167,065.53 0.0425$ 167,065.53 0.0425$ 167,065.53

ELECTRIC BILLING 3,844,535.57$ 3,644,874.74$ 3,644,874.74$ 3,490,656.81$ 3,490,656.81$ 3,490,656.81$ (353,878.76)$

SM CON1 53,973 2.65$ 143,028.45$ 2.84$ 153,283.32$ 3.03$ 163,538.19$ 3.22$ 173,793.06$ 3.25$ 175,412.25$ 3.25$ 175,412.25$

SM FLAT 12 2.50$ 30.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00

SM GWI 53,973 1.50$ 80,959.50 1.61$ 86,896.53 1.72$ 92,833.56 1.82$ 98,230.86 1.84$ 99,310.32 1.84$ 99,310.32

SM KCSA 53,973 2.58$ 139,250.34 2.59$ 139,790.07 2.61$ 140,869.53 2.62$ 141,409.26 2.63$ 141,948.99 2.63$ 141,948.99


WA CON - TIER 1 (< 6T) 72 3.00$ 216.00$ 2.49$ 179.28$ 2.66$ 191.52$ 2.82$ 203.04$ 2.88$ 207.36$ 2.88$ 207.36$

WA CON - TIER 2 (> 6T TO 100T) 1,128 3.00$ 3,384.00 3.11$ 3,508.08 3.33$ 3,756.24 3.53$ 3,981.84 3.60$ 4,060.80 3.60$ 4,060.80

WA CON - TIER 3 (> 100T) 31,575 3.00$ 94,725.00 3.74$ 118,090.50 4.00$ 126,300.00 4.24$ 133,878.00 4.32$ 136,404.00 4.32$ 136,404.00

WA FLAT 12 2.50$ 30.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00 5.00$ 60.00

WATER BILLING 98,355.00$ 121,837.86$ 130,307.76$ 138,122.88$ 140,732.16$ 140,732.16$ 42,377.16$

TOTAL ANNUAL BILLING 4,306,158.86$ 4,146,742.52$ 4,172,483.78$ 4,042,272.87$ 4,048,120.53$ 4,048,120.53$ (258,038.33)$

Annual $ Increase/(Decrease) (159,416.34)$ 25,741.26$ (130,210.90)$ 5,847.66$ -$




-

I

-

-I I I

I -I I

~

9

Lewes

New Castle

DE CO-OE!

Milford

Dover

Smyrna

Seaford

Clayton

Newark

Delmarva 1

Middletown

Selected Area Utilities Winter (Oct. - May)

RESIDENTIAL RA TE COMPARISON @ 750 kWhs

DE COOP

Cost % Difference

$94.23 -3.6%

$94.66 -3.2%

$97.77 0.0%

$100.48 2.8%

$101.91 4.2%

$106.55 9.0%

$109.52 12.0%

$109.88 12.4%

$109.97 12.5%

$110.57 13.1%

$119.33 22 .1%

DPL

% Difference

-14.8%

-14.4%

-11.6%

-9.1%

-7.8%

-3.6%

-0.9%

-0.6%

-0.5%

0.0%

7.9%

1 Approximate. DP&L's transmission capacity charge is based on each individual's Peak Load Contribution (PLC) to the overall transmission load

Each customer has a unique PLC that changes every January

Electric – Average Homeowner 750 kw

Dover Residential In-City

**using 7/1/18 rates **using 7/1/2020 rates **using 7/1/2021 rates **using 7/1/2022 rates **using 7/1/2023 rates **using 7/1/2023 rates


EL FLAT 8.46$ 8.46$ 9.42$ 9.42$ 9.42$ 9.42$ 10.38$ 10.38$ 10.38$ 10.38$ 10.38$ 10.38$

EL CNSP 750 0.1206$ 90.45 0.1209$ 90.68 0.1209$ 90.68 0.1212$ 90.90 0.1212$ 90.90 0.1212$ 90.90

EL PCA 750 (0.00382)$ (2.87) (0.00500)$ (3.75) (0.00500)$ (3.75) (0.00500)$ (3.75) (0.00500)$ (3.75) (0.00500)$ (3.75)

EL GREEN 750 0.000178$ 0.13 0.000178$ 2.26 0.000178$ 2.26 0.000178$ 2.26 0.000178$ 2.26 0.000178$ 2.26

ELECTRIC BILLING 96.18$ 98.61$ 98.61$ 99.79$ 99.79$ 99.79$

10

- - - -I

APPA National Rates

11

CITY OF DOVER FY19 FY21 FY22 FY23 FY24 FY25

Residential Energy $/kwh 0.1170$ 0.1161$ 0.1161$ 0.1164$ 0.1164$ 0.1164$

Average Retail Electric Rates by Customer Class, 2017

15

12

9

6

3

0 Residential

Commercial

Industrial

Total

Publicly Owned Investor Owned Cooperative

13.5

11.8 11.9

10.8 10.9 10.7 10.3

10.8 10.5

7.4 7.0 7.2

Ill

t t

-., I

., I

., ., I

I .,

Dover

📷📷 First Heritage State Park

LIGHTING HISTORY

Streetlight Inventory + Photometric Analysis

We are backed by EDF, a

$80-billion company and

one of the world’s larger

power generators.

We are Citelum,

a global leader

in networked

streetlighting.

Headquartered in

Chevy Chase, Maryland

. . . . .

. . . . . .

. . .

. . . .

. . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

-.•~eDF . . . - • •

. . . . . . . . - - - ~---citelum --~ . . . . . ---~ . . . . GROUPE eDF . . . . . . . . . . . . . . . . . . . . . .

30MPEOPLE PROVIDEDWITH LIGHT

1,000CITIES WORLDWIDE

3MSTREETLIGHTSMANAGED

Lighting the World’s Cities for 26+ Years

Surveyed 8,770 streetlight assets

Identified asset types, descriptions, andGPS locations of all City streetlights

Assessed overall system conditionsand observable deficiencies acrossCity lighting infrastructure

Evaluated photometric performanceagainst ANSI/IESNA RP-8 standards onevery roadway in the City service area

PhotometricAssessment

Streetlight Inventory

Fixture Type Quantity

Lantern (Colonial 4-Sided) 4,892

Cobrahead 2,138

Security Light 1,119

Acorn 312

Modern 69

Bollard 26

Shoebox 24

No Fixture 21

Flood 16

Tear Drop (Pendant) 15

Wallpack 4

Lantern (Colonial 6-Sided) 4

Architectural Spotlight 2

Globe 2

Grand Total 8,644

Decorative

Roadway

Security

Inventory Assessment

5,000+62%

2,000+25%

1,000+13%

Decorative

Roadway

Security

Results: Wattage

Wattages were determined in the field and via the existing City database. Most streetlights in the City are 100W, typically from either decorative or security lights.

Wattage Quantity50 3470 2183 2884 23688 2595 6100 4,250111 2150 2,504158 2170 2175 242200 62250 716253 188400 326Grand Total 8,644

• ' • •

• • • • • • • • • •

' • • • •

---~ • 0

•

85%

14%

1%

Good

Average

Bad

Condition Assessment

Good: No deficiencies or minor issues

Average: Normal wear-and-tear: discoloration, slight dents, rust, etc.

Bad: Assets with significant damage, wear, or safety issues

Pole Deficiencies Quantity

None 5,697

Leaning Pole 1,333

Missing Tag 1,164

Pole Needs Paint 247

Leaning Pole, Missing Tag 101

Bent Pole 35

Leaning Pole, Pole Needs Paint 33

Pole Needs Paint, Missing Tag 19

Missing Pole Cap, Missing Tag 6

Leaning Pole, Bent Pole 4

Bent Pole, Missing Pole Cap, Missing Tag 3

Bent Pole, Missing Tag 1

Leaning Pole, Pole Needs Paint, Missing Tag 1

Grand Total 8,644

Exposed Wires

Bent Pole

Hanging Fixture

Majority of Dover roadways are classified as Local; thus, light poles are deployed sparingly.

Local roadway light levels are generally sufficient for low-risk pedestrian conflict areas, but slightly below standard for medium-risk.

Collector, Major, and Highway roadway light levels are consistently below IES RP-8 minimum illuminance standards (insufficient light points and underpowered).

0 2+1.50.5

Foot-candle (fc)City Overview

Roadway Class

Pedestrian Conflict Area (Assumed)

RP-8 Illuminance Level (lux)

RP-8 Illuminance Level (fc)

RP-8 Uniformity

Ratio (Eavg/Emin)

Local Medium 7 0.65 6

Collector Medium 9 0.84 4

Major Medium 13 1.21 3

Highway Medium 12 1.11 3

1. Set acceptable lighting level requirements

using IESNA RP-8 Roadway Lighting standards

2. Outlined lighting levels by roadway type,

pavement classification, and pedestrian

conflict level within the RP-8 standard

Citelum assumed that the roadways measured all have a pavement classification of R2 or R3.

All roadways were assigned a Medium pedestrian conflict risk.

Evaluation Standards

RoadCategory

Average Measured Illuminance (lux)

RP-8 Target Illuminance (lux)

Local 5.06 7*

Collector 3.23 9

Major 5.90 13

Highway 8.78 120.00 2.00 4.00 6.00 8.00 10.00 12.00 14.00

Local

Collector

Major

Highway

RP-8 Target Illuminance (lux) Average of Illuminance Avg (lux)

Other average measured values in Dover are below the target lux value for the lowest pedestrian conflict.

Light Levels

• •

Average illuminance by street segment:

• Compliant (within +/- 25% range)

• Underlit

• Overlit

Road Category Underlit Compliant Overlit

Local 75.1% 9.3% 15.7%

Collector 87.4% 4.5% 8.1%

Major 79.9% 9.6% 10.5%

Highway 75.5% 7.5% 17.0%

Total 80.1% 7.4% 12.5%

The results are shown in percentage of the total distance in miles for each of the four roadway categories

Light Levels

0% 20% 40% 60% 80% 100%

Local

Collector

Major

Highway

Underlit Well-Lit Overlit

Light Levels

• • •

Road Category

Average Uniformity(Eavg/Emin)

Uniformity Target (Eavg/Emin)

Local 21 6

Collector 27 4

Major 24 3

Highway 23 3

For each roadway segment, the average uniformity

has been calculated based on all measured values for

this segment:

𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐴𝐴𝐼𝐼𝐼𝐼𝐴𝐴 (𝐸𝐸)𝑀𝑀𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼 𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐴𝐴𝐼𝐼𝐼𝐼𝐴𝐴 (𝐸𝐸)

Lower values = Better uniformity

Uniformity

0 5 10 15 20 25 30

Local

Collector

Major

Highway

Uniformity Target (Eavg/Emin) Average Uniformity (Eavg/Emin)

For each roadway segment, the average uniformity

has been calculated based on all measured values for

this segment:

𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴𝐴 𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐴𝐴𝐼𝐼𝐼𝐼𝐴𝐴 (𝐸𝐸)𝑀𝑀𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼 𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐼𝐴𝐴𝐼𝐼𝐼𝐼𝐴𝐴 (𝐸𝐸)

Lower values = Better uniformity

Uniformity

• •

Average illuminance by street segment:

• Compliant (within +/- 25% range)

• Underlit

• Overlit

The results are shown in percentage of the total distance in miles for each of the four roadway categories

Road Category Poor Uniformity Acceptable Uniformity Highly Uniform

Local 60% 19% 21%

Collector 85% 11% 4%

Major 86% 11% 3%

Highway 64% 28% 8%

Total 67% 17% 16%

Uniformity

0% 20% 40% 60% 80% 100%

Local

Collector

Major

Highway

Poor Uniformity Acceptable Uniformity Highly Uniform

Uniformity

• • •

S Dupont has some light poles along

the bridge and at intersections, but

this is insufficient to meet IES RP-

8 standards.

S Bay Rd similarly does not meet

standards due to a lack of sufficient

lighting infrastructure.

0 2+1.50.5

Foot-candle (fc)

Underlit

Forrest Ave (segment shown on

the outskirts of City limits) is

overlit, likely due to the close

spacing of light poles and high

wattage lamps.

As a non-commercial area, there

is opportunity to generate energy

savings by converting these

fixtures to lower-powered LEDs.

0 2+1.50.5

Foot-candle (fc)

Overlit

Percentages represent how

much of the overall system

is within the assumed

acceptable range for IES RP-

8 illuminance and

uniformity standards.

Uniformity Level Underlit Well Lit Overlit Total

Poor Uniformity 49% 11% 8% 67%

Acceptable Uniformity 11% 3% 3% 17%

High Uniformity 11% 2% 3% 16%

Grand Total 71% 15% 13% 100%

4.6%of roadways meetIlluminance and Uniformity standards

Summary

•

•

Recommendations

By hiring Citelum as installation contractor, we can:

• begin immediate work on the LED upgrade

• complete the upgrade in 6 months

• finance the upgrade so there is no impact on the

current budget

• realize energy savings this fiscal year

Each day without an upgrade is a lost opportunity to:

• save money

• create safer lighting conditions for citizens

• reduce Dover’s carbon footprint

Thank you.

📷📷 First Heritage State Park

Questions?

ACTION FORM

PROCEEDING: Council/Committee of Whole

DEPARTMENT OF ORIGIN: Human Resources DATE SUBMITTED: 01/27/2020

PREPARED BY: Kim Hawkins, Human Resources Director

SUBJECT: Update Discrimination & Harassment section of Personnel Policy (Handbook)

REFERENCE: N/A

RELATED PROJECT: N/A

REVIEWED BY:

EXHIBITS: City of Dover, Personnel Policy; Article VII, Ethical Conduct; Section 6. Discrimination & Harassment

EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: N/A STAFF RECOMMENDATION: Accept policy updates as recommended

BACKGROUND AND ANALYSIS City employees recently completed the mandatory Sexual Harassment Prevention training as required by state law. It was learned, during the training, that harassment can be reported to any supervisor. Our current policy states that harassment must be reported to the Human Resources Director only. The City’s policy is being presented to incorporate this change.

CITY OF DOVER PERSONNEL POLICY

ARTICLE VII. ETHICAL CONDUCT

SECTION 6. DISCRIMINATION AND HARASSMENT State and/or Federal law prohibits discrimination on the basis of, among others, race, marital status, genetic information, color, age (40 or older), religion, sex (including pregnancy), sexual orientation, gender identity, national origin, disability, or status as a victim of domestic violence, a sexual offense, or stalking. Harassment (including sexual harassment) often is considered a form of unlawful discrimination. It is the policy of the City of Dover to prohibit and not tolerate unlawful discrimination or unlawful harassment and to promote a workplace and work environment that is free of unlawful discrimination or unlawful harassment or conduct that might reasonably be perceived as constituting such, whether verbal, physical, or environmental. Anti Sex Harassment Specifically (Definition): For purposes of this policy, sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: (1) submission to such conduct is made, either explicitly or implicitly, a term or condition of a person’s employment; (2) submission to or rejection of such conduct by a person is used as the basis for employment decisions affecting the person; or (3) such conduct has the purpose or effect of unreasonably interfering with a person’s work performance, or creates an intimidating, hostile or offensive working environment.

Examples of sexual harassment include, but are not limited to: unwanted physical advances; requests for sexual favors in exchange for favorable treatment or continued employment; unwelcome flirtation, advances, or propositions; verbal abuse of a sexual nature; graphic, verbal commentary about a person’s body, sexual prowess, or sexual deficiencies; leering, whistling, touching, or pinching; suggestive insulting, or obscene comments or gestures of a sexual nature; display in the work place of sexually-suggestive objects or pictures; transmitting or forwarding e-mails containing offensive, suggestive, or lewd attachments, statements, or jokes; and uploading, downloading, or viewing inappropriate pictures or material onto organizational information systems. The above list is illustrative of types of conduct that would violate this policy and, as such, by no means represents an exclusive list of conduct that could lead to disciplinary action, up to and including termination of employment. Guidelines:

• All City of Dover employees must comply with this policy, which applies to conduct both within the work environment and elsewhere when an employee acts in an official capacity as a City of Dover representative.

• The City of Dover will not tolerate, condone, or allow unlawful discrimination or unlawful harassment, whether engaged in by fellow employees, supervisors, managers, outside clients, or other non-employees who conduct business with us.

• While the City of Dover encourages persons who believe they are being unlawfully harassed firmly

and promptly to notify the offender that his or her behavior is unwelcome and must cease immediately, we also realize that the power and status disparities between the alleged harasser and

the person allegedly harassed may make such a confrontation unlikely. Especially when direct communication is either ineffective or impossible, City employees are expected to follow the procedures stated below.

• All employees must take appropriate measures to ensure that prohibited conduct does not occur.

Members of management in particular must intercede to stop any violating behavior. City of Dover employees must report all such harassment, regardless of who the offender may be.

• In addition to discipline by the City of Dover as your employer, persons who engage in acts in violation of this policy may also be subject to civil and criminal penalties.

• The City of Dover will not retaliate in any way against any person who makes a good faith report

of violation of this policy, nor will the City of Dover permit any supervisor, officer, or employee to do so. Retaliation is a serious violation of this policy and should be reported immediately.

Procedures:

1) A report of violation of this policy must be made promptly to the City of Dover Human Resources Director or any supervisor. If reported to a supervisor, the supervisor is to report the violation immediately to the Human Resources Director. While initial reports may be made verbally, a written statement of complaint also must be provided.

2) Such alleged violations will be investigated by the City of Dover Human Resources Department as appropriate under the circumstances. Throughout the investigation process, confidentiality will be maintained to the extent practical and appropriate under the circumstances, including to protect the privacy of persons involved. During an investigation, alleged offenders will generally be made aware of the report and, where deemed appropriate, will be given an opportunity to respond and propose witnesses. The Department of Human Resources will keep the complainant informed as to the status of the investigation. Upon completion of the investigation, the Human Resources Director shall recommend to the City of Dover Manager the appropriate action to be taken, unless the report alleges violation by the City Manager, in which case the recommendation shall be made to the City of Dover Council President.

3) In the event an employee alleges a violation of this policy by the Human Resources Director, then a report of a violation of this policy may instead be made to the City Manager; and any investigation will be handled through the City Manager.

4) Employment conditions of the complainant and any witnesses will be in no way adversely affected through use of this procedure. However, if an investigation clearly reveals that the complainant knowingly and intentionally made a false accusation of harassment, appropriate disciplinary action will be taken.

5) If the alleged violation of this policy cannot be substantiated, this finding will be communicated to the complainant in an appropriately sensitive manner. The complainant is always free to provide additional evidence for investigation.

6) Persons found to have engaged in misconduct constituting a violation of this policy, will be disciplined, up to and including termination of employment. Appropriate sanctions also may include written reprimand and referral to counseling.

CITY OF DOVER

TRAINING, CONFERENCE & TRAVEL POLICY

A. INTRODUCTION

1. Purpose

The purpose of this policy is to provide guidelines under which City of Dover employees, public

officials, and appointees will be reimbursed for authorized travel expenses incurred in the conduct

of business for the City of Dover, hereinafter referred to as “City.” In addition to the guidelines,

specific procedures with regard to incurring and reporting related expenses are provided.

2. Scope

This policy shall apply to employees of the City of Dover, elected officials, boards, commissions

and others, who are engaged in authorized travel and who expend City funds for travel purposes.

The Mayor and Members of City Council are not required to submit a Travel Authorization and

Completion Form Travel Request & Itinerary or Travel Expense Report Form, but are

required to follow the financial and budget requirements of this policy.

While this policy does not cover every possible situation, it establishes adequate guidelines for

employees and officials to make appropriate and consistent judgments regarding the expenditure

of City funds for reimbursable expenses. The City of Dover will provide flexibility to meet the

special needs and requirements of their employees during travel.

It remains the responsibility of city management to control and approve travel-related

expenditures. The City Manager and Controller/Treasurer may impose more stringent rules when

deemed appropriate or necessary.

The City Manager and Controller/Treasurer will review every three years the implementation of

this Policy and will provide policy interpretations and assistance to ensure effective and efficient

implementation. Any exceptions will be subject to approval by the City Manager and

Controller/Treasurer. The City Manager and Controller/Treasurer may also, on a case-by case

basis, approve reimbursements exceeding the guideline amounts referenced in this policy. In any

such instance, a detailed explanation and substantiation (a receipt) is required. Enforcement of

this policy will be the responsibility of the Controller/Treasurer.

3. Responsibility

a. Employee, Public Official, or Appointee

· Traveler should be made aware of and comply with all provisions of this policy.

· Obtain the necessary approvals in advance for overnight travel and out-of-state

use of City vehicles. Provide a copy of the approval with the travel prepayment

made by direct voucher.

Training, Conference & Travel Policy Page 2 of 16

· All expenses incurred in the course of City business are to be in accordance with

the City’s Administrative Policies and Rules of Ethics and must be paid solely

from appropriated funds.

· Comply with the ten (10) working-day rule.

b. Department Director/City Manager/Council Designee

· Ensure compliance with this policy.

· Review and approve each of their employee’s/official’s travel approval requests

and reimbursable expenses.

· Ensure sufficient funds are available for all anticipated expenses.

c. Signatures on the Travel Expense Report (City of Dover Form 030 Exhibit B) certify that

the expenses were incurred by the employee/official requesting reimbursement for

official City business, are reimbursable in accordance with this policy, and have not been

reimbursed except as indicated on this form.

Required signatures for expenses are:

· Employee

· Supervisor

· Department Director or Council Designee

B. TRAINING AND CONFERENCE REGISTRATION FEES

1. Request for payment of registration fees shall be accompanied by the registration form.

2. City Council, Planning Commission and the Mayor are offered opportunities to attend courses

designed for governmental officials. Any member of Council wanting to take advantage of

these courses offered by the following organizations will submit to the City Clerk’s office

their request for registration.

- Delaware League of Local Governments

- National League of Cities

- US Conference of Mayors

- International City Managers Association

- Government Finance Officers Association (GFOA)

- American Public Power Association (APPA)

- American Public Works Association (APWA)

- American Planning Association

- Organizations that provide Continuing Education credits for professional license

renewals of applicable staff.

Any courses not offered by these organizations will be submitted to the City Manager and

Controller/Treasurer for concurrence.


C. TRAVEL AUTHORIZATION

All out-of-state travel that extends beyond one day shall be approved by the City Manager. All

requests shall be made on the "Travel Request and Itinerary Estimate Form” (City of Dover - Form

047 Exhibit A). A copy of the conference or meeting program must be attached to the form. The

authorization form must be submitted to the City Manager in a reasonable amount of time prior to

the traveling day at least 30 days prior to travel unless an explanation is given and approved.

The Department Director or City Manager may impose specific requirements as to the time the

authorization form must be submitted prior to travel. Employees and Officials traveling on official

City business should be aware that the approval is for travel only, and is not a blanket approval of

the expenses incurred.

A travel packet including the authorization Travel Request and Itinerary Estimate form, the

meeting program/itinerary, and the purchase order(s) if over $5,000, for advanced costs must be

submitted to the Accounts Payable Department for audit prior to being keyed by department

for reimbursement. Once the travel audit has been completed, Accounts Payable will scan

and email the authorized packet to the department responsible for processing the travel

costs. The department admin will then process the reimbursement request for payment. The

Purchase Orders for the advanced costs should include the necessary supporting documentation.

It does not require the submission of duplicate information.

Please note: Purchase Orders (if required based on Purchasing Policy) for registration costs

must include the Registration form unless previously submitted;. Ssubmission for hotel and airfare

costs must include documentation of the individual costs unless previously submitted.

Cancellation and changes to travel should be done in a timely manner to avoid loss of City money.

If travel cannot be refunded back to City, an explanation is required.

D. TRANSPORTATION: COMMON CARRIER

1. General

All trips requiring the use of common carrier (airline, rail or bus) must be pre-approved by the

appropriate approval authority.

The mode of travel must be justified on the basis of the most economical use of time of the

personnel involved, the cost of optional travel modes, and the requirements of the trip.

All common carrier reservations must be consistent with reasonable business travel planning,

common carrier will be booked at the lowest available fare. If the lowest available fare is turned

down by the traveler, the traveler's explanation for the denial is to be provided with the travel

authorization request.


Travelers should be advised to make travel reservations as far in advance as possible to attain the

lowest fares, including non-refundable tickets. Travelers may not specify particular airlines or

other carriers to accumulate mileage on promotional plans such as frequent flyer programs.

In order to take advantage of special discount rates (supersaver fares, etc.), reimbursement to an

employee may be made prior to a trip being taken under the following conditions:

a. Documentation of the substantial savings that will accrue to the City (e.g.,

supersaver discounts).

b. Employee's proof of payment on a statement from the airline, other than credit card

receipts.

Most airlines will not give refunds or partial refunds for supersaver airfares.

It is encouraged to examine the advantage of fares requiring early trip departure or delayed return.

However, it is important to consider the additional cost of meals and lodging for the required extra

day(s) stay when comparing cost.

2. Air Travel

a. Accommodations - When commercial airlines are used as a mode of travel,

accommodations shall be coach/economy class unless some other class

accommodations are more economical. Costs of baggage should be considered

along with accommodations to achieve the lowest total cost for travel.

b. Routing of Travel - All travel will be by the most economical and direct routes.

In the event that a person travels by an indirect route for personal convenience, the

extra expense shall be the responsibility of the individual. Reimbursement for

expenses shall be based only on the cost of the most economical and direct route.

c. Conference Airfare Arrangements

When attending a conference, always check conference materials to see if special

airline discounts are offered. When a special airline discount rate is offered and

conferees are instructed to go directly to an airline to obtain the discount fare, the

employee should compare the conference rates through the internet with all other

airline rates available before scheduling airline reservations. The employee should

always book the lowest fare possible. (See Section F.3. for Conference Lodging

Arrangements).

*City will not pay for, nor reimburse priority boarding, preferred seating, or

overweight baggage for personal preference. Detailed explanation and receipt is

required. *


3. Rail Travel

a. Accommodations – When it has been determined that rail travel is the most appropriate

mode of transportation, the most economical class accommodations shall be utilized.

E. TRANSPORTATION: PASSENGER VEHICLES

1. City-Owned Vehicles

City-owned vehicles should be utilized for both in-state and out-of-state travel when such use is

the most practical and economical mode of transportation, including the cost of tolls, fuel and

parking.

2. Use of Privately-Owned Vehicles

a. The use of privately owned vehicles for any City travel (both in state and out-of-state)

should only be used when a City Vehicle is not available. The use of a privately owned

vehicle for City travel shall require the prior approval of the City Manager and

Department Director. Reimbursement of private vehicle expenses shall be at the

Council approved rate as indicated on Exhibit B for actual and necessary miles

traveled. Beginning and ending odometer readings are required for the reimbursement

for mileage or a printout from MapQuest, Google Maps or other reputable

internet mapping application showing the quickest or shortest route.

b. In considering approval for use of personal vehicles, the approval authority shall take

into consideration the cost of alternative modes of travel and the cost of meals and

lodging for the additional travel/transit days. Mileage reimbursements shall not

exceed the cost of airfare plus travel to/from the airport.

c. When two or more employees travel in a privately owned vehicle, only one mileage

reimbursement will be allowed at times when one vehicle is sufficient to carry all

passengers.

3. Rental Cars

a. General

The use of a rental car when traveling out of state must be justified as an economical

need and not as a matter of personal convenience. Prior approval by the Department

Director and City Manager is required before arranging for car rental. All rentals

should be at the most economical rate per day including government rates or special

rate agreements. When traveling in groups, sharing of cars, when practical, must be

done to minimize costs. The city will not pay for the use of a rental car to

accommodate family members or non-business associates traveling with the

employee, public official, or appointee.


b. Vehicle Size

Whenever possible, compact cars shall be rented or reserved. However, if a larger

size vehicle is more economical or more than two city travelers are traveling together

the larger vehicle may be appropriate. Any representative of the City requesting an

upgrade of the size of a rented vehicle shall provide a written explanation of their

reasons to the City Manager. A receipt is always required.

c. Insurance

(1) The optional insurance coverage offered by the car rental agency must be

declined when the traveler charges the rental car. The traveler will

automatically receive primary coverage under the City blanket insurance

policy for travel. When insurance is declined, the policy covers collision

damage, theft, fire and vandalism. Reimbursements for additional or

optional insurance coverage will not be allowed.

(2) Other. Travelers not covered under the blanket insurance policy may be

covered by their personal automobile insurance policy or other personal

credit cards. Travelers should check their automobile policy and credit card

policy for business travel coverage and accept or decline additional

coverage accordingly. Reimbursement for additional or optional insurance

coverage will not be allowed.

d. Refueling Before Return

To avoid a refueling surcharge, all rental cars shall be refueled before returning the

vehicle to the rental company. Any surcharges billed to the employee, public

official, appointee, or City shall be explained in the reimbursement request.

e. Reservations

Approved car rental reservations shall be made in advance whenever possible. The

employee should compare car rental rates and always look to reserve the lowest

rental.

F. PER DIEM EXPENSES

The City uses per diem expenses as set by the U.S. General Services Administration

(GSA) for official travel within the United States. M&IE Rates can be found at:

http://www.gsa.gov/perdiem.orPublicDocs\Policies&Procedures\Travel\FY201

89_PerDiemRates.xls

http://www.gsa.gov/perdiem


G. LODGING

1. General

City travelers are expected to seek accommodations that are comfortable, convenient, meet

business and personal needs and offer good value. Employees are expected to compare local

lodging rates in the area prior to reserving lodging.

2. Accommodation

a. Lodging accommodations for reasonably priced single occupancy rooms are

reimbursable when the traveler is away from home overnight due to official travel.

b. Accommodations shared with family members or others not on official City business

are reimbursable at the single occupancy rate only.

c. Accommodations shared with other City travelers should be billed and reimbursed to

one traveler. When required, reimbursements to more than one traveler shall be based

on a pro rata share as reported on each reimbursement request.

3. Conference Lodging Arrangements

When hotel rooms are blocked for a conference, seminar, etc., and a special discounted conference

hotel rate provided, the employee/official should compare conference rates with the rates for other

local hotels within a three (3) block radius of the conference. The employee is urged to reserve

hotel accommodations that offer the best value to the City. This includes conference rate,

government rate or lower rate, for the employee/official. If a lower rate is not available, the

conferees should make their lodging arrangements directly utilizing the conference instructions.

Conference lodging will be considered to accommodate persons with special circumstances.

4. Occupancy/Sales Tax

The City is exempt from the tax on occupancy of hotel, motel and tourist home rooms within

Delaware only. When instate overnight accommodations are necessary, the employee should be

provided with a copy of the Occupancy Tax Exemption Certificate (see Exhibit C) to be presented

to the lodging facility. Tax on occupancy of hotels in other states must be paid. Out of state hotels

shall be asked about their sales tax exemption policies and the traveler shall provide

documentation to avoid applicable sales taxes whenever possible.

H. MEAL ALLOWANCES

1. General

The City will pay for or reimburse an employee/official for the necessary and reasonable cost of

meals and incidental expenses incurred during out of state travel requiring overnight lodging.


Additional meal costs incurred over and above those provided as part of a conference, lodging, or

airfare fee are not reimbursable, unless justified as a special circumstance and approved by the

City Manager and Controller/Treasurer (e.g. special meeting or diet restrictions). Exceptions are

to be pre-approved by the City Manager and Controller/Treasurer.

There will not be any reimbursement for meals when the meals are provided as part of the

conference/training or by the host organization and when meals are provided as part of the hotel

service and/or airfare.

If an employee is traveling partial days on any calendar day, the City will prorate the applicable

advanced M&IE rate based upon time and location of meal.at 75 percent. “Breakfast per diem

is paid for travel extending after midnight until 10 am. Lunch per diem will be paid for

travel the extends after 10 am and until 3 pm. Dinner reimbursement is paid for travel

extending after 3 pm of the final day of travel. Travel begins when you leave your home,

office or the last location before you proceed to the travel destination or transportation

center (e.g. airport, train station). This applies to both day of departure and day of return. Partial

travel days begin when an employee leaves Dover after 12:00 noon on the day of departure and

returns to Dover by 5:00 PM on the day of arrival.

When meals are provided at the conference or by the host, the meal allowance will be reduced by

25% for each meal provided. Continental Breakfast provided by the hotel or at the conference is

counted as a meal, unless justified as a special circumstance and approved by the City Manager

and Controller/Treasurer (e.g. special meeting or diet restrictions).

2. Day Trips, In-state Travel and Before or After Hours

The meal allowance for day trips out of the City will be reimbursed at actual cost, as long as it

does not exceed 25% of the normal per diem per the M&IE Allowance. The meal allowance for

working before or after hours as a general rule are not encouraged, but may be approved by the

City Manager and/or Controller/Treasurer on a case-by-case basis. At no time can the amount

exceed the allowances established. A receipt is required.

I. CASH ADVANCES AND ADVANCE PAYMENT

General/Blanket travel advance checks will may not be issued to employees, public officials, or

appointees. Employees, public officials, and appointees will be reimbursed for specific travel

related expenses after the trip or event has been completed.

Department Directors should use their City credit card for business travel. Directors may

use their departmental travel credit card when arranging employee travel. Under urgent

situations, and with prior approval, employees and officials can also use a personal credit

card and request reimbursement when they return.


The City will pay specific travel and lodging costs in advance, as long as the request deadlines are

met. Employees, public officials, and appointees shall use a City purchase order (if necessary)

when requesting travel cost advances. Department Directors should use their City credit card for

business travel. Directors may approve the use of their departmental travel credit card when

arranging employee travel. Under urgent situations and with prior approval, employees and

officials can also use a personal credit card and request reimbursement when they return.

Please note: The same procedure for Travel Authorization, as identified in Part C (above)

will be required, with the exception that the travel packet must be submitted to the Accounts

Payable Department a minimum of 20 days prior to travel.

The City will pay in advance the following costs:

Please note: A travel packet including the Travel authorization form, the meeting

program/itinerary, and a purchase order for the advanced costs listed below must be submitted to

the Accounts Payable Department no later than 12 days prior to the event.

a) Conference/Training registration fees. Such payment will be made payable and

mailed directly to the organization. This will be done through a purchase order

submitted by the department upon receipt of the approved Travel Authorization Form.

A copy of the registration form describing the specific event must be attached to the

purchase order travel packet. The Employee Travel packet must be submitted to

Accounts Payable prior to/or along with the purchase order request for advance travel

expenses.

b) Airfare. Airfare is normally reserved on-line through the internet and paid with a City

credit card after travel approval has been received. (See City Credit Card Policy)

c) Lodging. Upon receipt of the approved Travel Authorization Request and Itinerary

Estimate Form, the department may submit a purchase order (if necessary) for

lodging. The check will be made payable to the hotel and will be given to the person

for whom the lodging arrangements are made. The department must provide

supporting documentation including the daily lodging rates and applicable taxes along

with the purchase order travel packet. Lodging reservations can be held with the use

of a City credit card. (See City Credit Card Policy)

d) Meal allowance. An advance for the M&IE Allowance, which includes meals, tax and

tips expenses, will be permitted for meals not provided by the conference, lodging or airfare

as indicated in Section H (1) above. Only per diem rates as prescribed set by the Federal

Government for official travel will be provided for M&IE Allowance. No purchase order

is required for employee travel advance if the amount is less than $5,000.00. M&IE

Rates can be found at: http://www.gsa.gov/perdiem or Public Docs\Policies &

Procedures\Travel\FY2018_PerDiemRates.xls

J. TRAVEL EXPENSE REIMBURSEMENT

http://www.gsa.gov/perdiem


1. General

Travel Expense Report (City of Dover Form 30) is due to Accounts Payable for final audit

within ten (10) working days after travel or an expense is incurred (Ten working-day rule).

Travel Expense Reports will be scanned and emailed to the remitting department for entry.

Paper copies will remain in Finance.

a. Timely reimbursement can be assured only if an accurate, properly substantiated

Travel Expense Report is received to Accounts Payable ten (10) working days after

completion of the trip.

b. Failure to submit timely Travel Expense Reports after the completion of a trip will

result in administrative action, such as notification to the Department Director and

denial of future travel requests.

Travel Expense Reports for local travel and related expenses are to be submitted monthly. In no

case shall a reimbursement be made to an employee for travel/conference/training related

expenses incurred in excess of 30 days. Explanation is required if over 30 days and approved

by Controller/Treasurer and/or City Manager. Failure to file for reimbursement for

travel/conference/training related expenses within the 30 day window may result in denial of

the reimbursement request.

Note: This section pertains to only those travel expenses paid by the traveler; not to travel expenses

directly billed to/paid by the City.

2. Receipt Requirements and Other Reimbursement Criteria

a. Tickets booked on common carriers (airline, rail or bus) require original copy of the

paid invoice or email confirmation containing total travel costs for arrangements

booked on-line.

b. Hotel/motel bills shall be the original copy of hotel/motel billing marked paid.

c. Ground transportation, including airport shuttle, taxi or public transit requires a

receipt.

d. Car rental reimbursements require paid invoice from the rental company.

e. All meals do not will require itemized receipts and are not reimbursable above the

maximum daily/partial day per meal allowance. Tax and tips are included in the

M&IE Allowance and will not be reimbursed separately. When more than one

City employee, public official, or appointee’s meals are being reimbursed, each

employee must submit a separate Travel Expense Reimbursement for their

allowance. Any advance M&IE and allowances not accounted for in the expense

report will be considered overpayment and shall be returned to the City.


Reimbursement will be for the actual aggregate eligible expenses for the day of

travel or the maximum per diem per day, whichever is the lesser amount.

f. Hotel/motel related expenses should be documented identifying the date and the cost

for each category with the following requirements:

(1) Out-of-pocket costs for incidental items such as tips, baggage handling and maid

service are not individually reimbursable by the City of Dover. Costs included

under this category are included in the M&IE per diem rate. Only per diem rates

as prescribed by the Federal Government for official travel will be provided for

M&IE allowance.

(2) City-business related telephone calls are reimbursable as incurred and require a

receipt from the telephone service provider or included on the hotel/motel billing

invoice.

g. Lodging at campgrounds using traveler’s camper or recreational vehicle is

reimbursable at the actual cost, not to exceed the equivalent cost of hotel/motel

lodging. Receipt is required.

h. Other Reimbursement Categories

Reimbursement for the following categories should be submitted on a schedule

identifying the date, the cost and the category. All supporting receipts must be

attached:

1) The City will reimburse employees for hotel and airport self-parking. The City

encourages all employees to seek ‘economy and budget parking’.

2) The City will not reimburse employees for Valet parking, unless prior approval

has been granted by the City Manager and Controller.

3) The City will reimburse employees the cost of tolls for interstates, turnpike,

bridges and/or ferries. All travel expenses require a receipt.

4) The City will reimburse employees for necessary airport baggage fee. A receipt

is required.

i. Gasoline and/or Other Supplies require a receipt.

Need for emergency repairs incidental to using a City-owned vehicle shall require a

Vendor receipt.

j. Department Director pre-approval is required to receive reimbursement for Internet

Access Costs for city business. These costs must be substantiated with receipts.

k. While traveling overnight out-of-state, the City will reimburse employees for the

cost of up to two (2) personal telephone calls not to exceed $8 per trip. A receipt is

required for reimbursement.


l. Reimbursements for travel expenses incurred without required receipts, as outlined,

is strictly prohibited. A "no receipt - no reimbursement" policy applies

* Any advance M&IE and allowances not accounted for in the expense report will

be considered overpayment and shall be returned to the City.

3. Non- Reimbursable Expenses

The City shall not reimburse expenses for the following:

a. Alcoholic beverages.

b. In-room movies or pay television.

c. Theater tickets or nightclub entertainment.

d. Laundry.

e. Babysitting.

f. Related expenses of spouse, children and other persons accompanying the

authorized employee or official.

g. Pleasure, historic or other tour related expenses. Expenses for business

related tours would be reimbursed.

h. Donations and gifts made while at training, conference, or meeting.

i. Loss or damage of personal items.

j. Meals for other conference attendees.

k. Purchase of personal items.

l. Any parking or moving violation fines.

m. Any personal or pleasure travel while on City business.

K. CHARTER AND CODE OF CONDUCT

All City of Dover policies are subject to the City of Dover Charter Part 1, Subpart A, Article II,

Section 12 “Compensation and expenses - Mayor and Council and other elected or appointed

officials”, whereas, “Members of the council, mayor and other elected or appointed officials shall

receive reimbursement for actual and necessary expenses incurred when on official business as

prescribed by city ordinance or policy” and; Part

II Code of Ordinances Chapter 2, Article 1, Division 4 “Code of Conduct”, which is “applicable

to all elected and appointed officials and to all employees of the City of Dover.”

L. INTERNAL REVENUE CODE - DEFINITION OF PUBLIC OFFICIAL

Generally, if there is any provision in a public law which authorizes the employment of the

individual, and the individual is hired or elected under this authority, the individual is considered

an employee of the State or political subdivision to which the provision applies.


The following factors indicate that an office is a “public office.”

The office was created by the constitution or through legislation, or by a municipality

or other body with authority conferred by the legislature. The office was delegated a portion of the powers of the government body. The powers conferred and the duties to be discharged are defined either directly or indirectly law or through legislative authority. The duties are being performed independently and without control of a superior power other than the law. The office has some permanency and continuity, and the officer takes an official oath.

Examples of public officers are: the president and vice president, a governor or mayor, the secretary of state, a member of a legislative body, such as a state legislature, county commission, city council, school board, a judge, a justice of the peace, and members of advisory boards and committees.

M. REVIEW & REVISION

The City of Dover Travel Policy will be reviewed every three years by the City Manager,

Controller/Treasurer and City Clerk to provide recommended changes to City Council for

approval.

EXHIBITS

Exhibit A - COD Travel Request and Itinerary Estimate Form (Form 47)

Exhibit B - COD Travel Expense Report Form (Form 30)

Exhibit C - COD Exemption Certificate Form 99A

REVISION RECORD

Revised: November 24, 2003

Revised: February 9, 2004

Revised: July 24, 2006

Revised: March 23, 2009

Revised: January 23, 2012




EXHIBIT A

ESTIMATED COST:

REGISTRATION FEE: MEALS PROVIDED BY CONFERENCE MUST BE DEDUCTED FROM M & IE RATE.

MODE OF TRAVEL AND COSTS:

AIRLINE ONE WAY ROUND TRIP 0.00

AIRPORT PARKING PER DAY TOTAL DAYS 0.00

TRAIN ONE WAY ROUND TRIP 0.00

BUS ONE WAY ROUND TRIP 0.00

* RENTAL CAR ONE WAY ROUND TRIP 0.00

* PERSONAL CAR TOTAL MILEAGE 0.40 PER MILE 0.00

* TOLLS ONE WAY ROUND TRIP 0.00

CITY VEHICLE " IS ADVISED TO BE USED INSTEAD OF PERSONAL CAR"

LODGING EXPENSES: BREAKFAST PROVIDED BY HOTEL MUST BE DEDUCTED FROM M & IE RATE

HOTEL PER NIGHT TAXES NUM OF NIGHTS 0.00

* SHUTTLE PER TRIP TAXES TOTAL TRIP 0.00

* TAXI PER TRIP TAXES TOTAL TRIP 0.00

* PARKING PER DAY TAXES TOTAL DAYS 0.00

MEALS:

SUN MON TUE WED THUR FRI SAT

DATES:

TOTAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00

$0.00

EMPLOYEE SIGNATURE DATE

DEPARTMENT HEAD APPROVAL DATE

ACCOUNTS PAYABLE APPROVAL DATE

CITY MANAGER OR COUNCIL DESIGNEE APPROVAL DATE

Form 047

TOTAL EXPENSE

TRAVEL DESTINATION AND DATES

EMPLOYEE TRAVELING

DEPARTMENT

M & IE RATE: $64.00 (MEALS & INCIDENTAL EXPENSES) SUBTRACT 25 % FOR EACH MEAL

PROVIDED. SUBTRACT 25% FOR PARTIAL DAY OF TRAVEL.

ESTIMATE ITEMIZED EXPENSES AND TRAVEL ADVANCES

NOTE: ITINERARY AND PROOF FOR ALL TRAVEL ADVANCE REQUESTS BELOW ARE REQUIRED PRIOR TO TRAVEL.

* APPROVAL FOR SPECIAL REQUESTS ARE REQUIRED FROM FINANCE-CONTROLLER/TREASURER OR CITY MANAGER PRIOR TO TRIP *

CITY OF DOVER

TRAVEL REQUEST AND ITINERARY ESTIMATE

BUSINESS PURPOSE

REQUEST DATE

-

I

--

--

-

-

-

I


EXHIBIT B

EXPENSES TUES WED THUR FRI SAT SUN TOTAL

DATE

-$

-$

PERSONAL AUTO

Miles @ .40 cents a mile

-$

-$

-$

-$

-$

-$

-$

-$

-$ -$ $0.00 $0.00 -$ -$ -$

DATE -$

-$

DATE

(For Certification)

DATE

DATE

MISC:

AMOUNT DUE CITY

Form 30

REIMBURSEMENT AMOUNT DUE EMPLOYEE

REGISTRATION FEES

TRANSPORTATION - AIR/TRAIN/BUS

AUTO RENTAL

PARKING FEES / TOLLS / GAS

TAXI / SHUTTLE / PUBLIC TRANSIT

HOTEL / MOTEL

TELEPHONE

BAGGAGE / MISC. EXPENSES

REGISTRATION

HOTEL

MEALS

AIRFARE

TOTAL EXPENSES INCURRED

LESS AMOUNT PAID BY CITY:

CITY OF DOVER

TRAVEL EXPENSE REPORT FORM

Please use a separate form for each week.

Please note incidental expenses (tips) are included in M & IE Rate.

MEALS (M & IE RATE)

MEAL ALLOWANCE OVERAGE

TOTALS

Please attach receipts for hotels, tolls, transportation, etc., and show all costs on this form.

MON

EMPLOYEE INCURRING EXPENSE

DEPARTMENT HEAD SIGNATURE

FINANCE - FINAL ACTION

PURPOSE OF TRIP

NAME OF EMPLOYEE DEPARTMENT TRIP TAKEN TO (CITY)

-$

ACCOUNT NUMBER

-$

FINANCE DEPARTMENT - AUDIT


EXHIBIT C

CITY OF DOVERDEPARTMENT OF FINANCE

EXEMPTION CERTIFICATETAX ON OCCUPANCY OF HOTEL AND MOTEL AND TOUR IST HOME ROOMS

In accordance with Internal Revenue Code Section 5253(I), no tax shall be imposed under section4251 upon any payment received for services or facilities furnished to the government of any State,

or any political subdivision thereof, or the District of Columbia.

This Part to be Completed by the Operator

Name of Hotel, Motel, or Tourist Home Fed. EI or SS number

Address City State Zip Code

This Part to be Completed by the Occupant

This is to certify that I, the undersigned, am a representative of the City of Dover, Delaware; that thecharges for the occupancy at the above establishment on the dates set forth below has been or willbe paid for by the City of Dover, a government unit; and that such charges are incurred in theperformance of my official duties as a representative or employee of the governmental unit.

Name (Please type or print) Signature

City of Dover 51-6000092

Governmental Unit Tax I.D. # Title

P.O. Box 475 Dover DE 19903-0475

Address City State Zip Code

Date(s) of Occupancy

If additional information is needed, please contact the City of Dover Finance Director at (302) 736-7018.

NOTE: A separate Exemption Certificate is required for each occupancy and for each representativeor employee.

THIS EXEMPTION CERTIFICATE IS TO BE RETAINED BY THE OPERATORS OF

HOTELS, MOTELS, AND TOURIST HOMES AS EVIDENCE OF EXEMPT OCCUPANCY.

\\Dover_1\finance\FORMS\DOCUMENTS\FORM99 A.wpd

ACTION FORM

BACKGROUND The anticipated Go Live was changed several times over the life of the Tyler Phase 2 Payroll, Human Capital Management implementation period. In light of the City’s efforts to implement the Tyler ERP software Phase 2 module by the Go Live date of October 2019. The estimated Go Live was not able to be met based on issues encountered during implementation and build of the Executime Time and Attendance system. The recommended Time and Attendance system had significant instability issues. City staff had anticipated the need to extend the contract with ADP and reached out to the vendor late November/early December 2019. In having worked with ADP for several years ADP was amicable to continue our service under the current terms. Staff is requesting the authorization to extend the ADP contract until the Tyler ERP implementation for Phase 2 - Payroll, Human Capital Management module is completed. The City Manager and Controller/Treasurer will work together to find the funding necessary to cover the additional expense to extend the contract for payroll services with ADP. The Tyler Go Live/completion date is anticipated sometime within the first six months of FY21 provided no further issues are encountered upon re-starting the implementation.

PROCEEDING: Legislative, Finance & Administrative Committee

DEPARTMENT OF ORIGIN: Finance DATE SUBMITTED: 1/23/2020

PREPARED BY: Lori Peddicord, Controller/Treasurer

SUBJECT: ADP Time & Attendance, Payroll, and Human Resources ERP system

APPROVALS: City Council

REVIEW: City Manager

EXHIBITS: N/A

EXPENDITURE REQUIRED: FY20 est $126,600 with leased time clocks

AMOUNT BUDGETED: $112,500

FUNDING SOURCE (Dept./Page in CIP & Budget): 100-16-23-99-000-53031

TIMETABLE: Upon Council approval

RECOMMENDED ACTION: To authorize the Controller/Treasurer to extend the ADP contract through December 31, 2020, unless the ERP implementation results in an earlier cancellation.

CITY OF DOVER PROPOSED ORDINANCE #2020-04

1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN2 COUNCIL MET:

3 That Chapter 22 - Buildings and Building Regulations, Article I - In General, Section 22-1 -4 Construction and Property Maintenance Code Board of Appeals, be amended by inserting the text5 indicated in bold blue and deleting the text indicated in red strikeout as follows:

6 CHAPTER 22 - BUILDINGS AND BUILDING REGULATIONS

7 ARTICLE I. - IN GENERAL

Sec. 22-1. - Construction and property maintenance code board of appeals.8

(a) Established; composition; appointment. There shall be a committee to be referred to as the9"construction and property maintenance code board of appeals," consisting of five10members. The council president shall appoint three elected city officials and the mayor11shall appoint one city resident generally selected as a representative of homeowners and12one representative of the local real estate industry association. Members shall serve13one-year terms unless sooner removed. All appointments are subject to confirmation by the14city council at its second regular meeting in May. The construction and property15maintenance code board of appeals shall elect one of its members as chairperson. 16

(b) Appeals . Whenever any person is aggrieved by a decision of the building inspector with17respect to the provision of this chapter, it is the right of that person to appeal to the18construction and property maintenance code board of appeals. Such appeal must be filed,19in writing, within 30 days after the determination by the building inspector. 20

(c) Notice; hearing . Upon receipt of such an appeal, the construction and property21maintenance code board of appeals shall set a time and place in not less than ten, nor more22than 30 days for the purpose of hearing the appeal. Notice of the time and place of the23hearing of the appeal shall be given to all parties, at which time they may appear and be24heard. The determination by the construction and property maintenance code board of25appeals shall be final in all cases.26

Sec. 22-1. - Adopted.27

(a) Appendix B - Board of Appeals of the 2018 International Building Code (IBC) as28published by the International Code Council is hereby adopted to establish the Board29of Appeals and provide the procedures by which the Board of Appeals should30conduct its business, except as follows:31

32(b) For the purpose of this section:33

(i) Building official as used in B101.1 of the IBC shall mean the Building Inspector34as used in Chapter 22 of the City Code.35

(ii) The Board of Appeals shall be appointed by the Council President and confirmed36by the Council based on the recommendations of the Building Inspector, not the chief37appointing authority set forth in B101.2 of the 2018 IBC.38

39

Ordinance #2020-04 - Page 2

(iii) The Building Inspector shall designate a qualified clerk to serve as secretary to40the board, not the chief administrative officer as set forth in B101.2.6 of the IBC.41

42 The text of Appendix B is provided below for reference only:

43 SECTION B101 - GENERAL

44 [A] B101.1 Application. Applications for appeal shall be obtained from the building official.45 Applications shall be filed within 20 days after notice has been served.

46 [A] B101.2 Membership of board. The board of appeals shall consist of persons appointed by the47 chief appointing authority as follows:

48 1. One for 5 years; one for 4 years; one for 3 years; one for 2 years; and one for 1 year.49 2. Thereafter, each new member shall serve for 5 years or until a successor has been50 appointed.

51 The building official shall be an ex officio member of said board but shall have no vote on any52 matter before the board.

53 [A] B101.2.1 Alternate members. The chief appointing authority shall appoint two alternate54 members who shall be called by the board chairperson to hear appeals during the absence or55 disqualification of a member. Alternate members shall possess the qualifications required for board56 membership and shall be appointed for 5 years, or until a successor has been appointed.

57 [A] B101.2.2 Qualifications. The board of appeals shall consist of five individuals, one from each58 of the following professions or disciplines:

59 1. Registered design professional with architectural experience or a builder or superintendent60 of building construction with not fewer than 10 years of experience, 5 of which shall have61 been in responsible charge of work.62 2. Registered design professional with structural engineering experience.63 3. Registered design professional with mechanical and plumbing engineering experience or64 a mechanical contractor with not fewer than 10 years of experience, 5 of which shall have65 been in responsible charge of work.66 4. Registered design professional with electrical engineering experience or an electrical67 contractor with not fewer than 10 years of experience, 5 of which shall have been in68 responsible charge of work.69 5. Registered design professional with fire protection engineering experience or a fire70 protection contractor with not fewer than 10 years of experience, 5 of which shall have71 been in responsible charge of work.

72 [A] B101.2.3 Rules and procedures. The board is authorized to establish policies and procedures73 necessary to carry out its duties.

74 [A] B101.2.4 Chairperson. The board shall annually select one of its members to serve as75 chairperson.


76 [A] B101.2.5 Disqualification of member. A member shall not hear an appeal in which that77 member has a personal, professional or financial interest.

78 [A] B101.2.6 Secretary. The chief administrative officer shall designate a qualified clerk to serve79 as secretary to the board. The secretary shall file a detailed record of all proceedings in the office of80 the chief administrative officer.

81 [A] B101.2.7 Compensation of members. Compensation of members shall be determined by law.

82 [A] B101.3 Notice of meeting. The board shall meet upon notice from the chairperson, within 1083 days of the filing of an appeal or at stated periodic meetings.

84 [A] B101.3.1 Open hearing. All hearings before the board shall be open to the public. The85 appellant, the appellant’s representative, the building official and any person whose interests are86 affected shall be given an opportunity to be heard.

87 [A] B101.3.2 Procedure. The board shall adopt and make available to the public through the88 secretary procedures under which a hearing will be conducted. The procedures shall not require89 compliance with strict rules of evidence, but shall mandate that only relevant information be90 received.

91 [A] B101.3.3 Postponed hearing. When five members are not present to hear an appeal, either the92 appellant or the appellant’s representative shall have the right to request a postponement of the93 hearing.

94 [A] B101.4 Board decision. The board shall modify or reverse the decision of the building official95 by a concurring vote of two-thirds of its members.

96 [A] B101.4.1 Resolution. The decision of the board shall be by resolution. Certified copies shall be97 furnished to the appellant and to the building official.

98 [A] B101.4.2 Administration. The building official shall take immediate action in accordance with99 the decision of the board.

100 BE IT FURTHER ORDAINED:

101 That Chapter 22 - Buildings and Building Regulations, Article III - Building Code, Sec. 22-61. -102 Adopted, Sections 113 Board of Appeals and R112 Board of Appeals be amended by inserting the103 text indicated in bold blue and deleting the text indicated in red strikeout as follows:

104 SECTION 113 BOARD OF APPEALS. See Chapter 22—Buildings and Building Regulations,Article I—In General, Sec. 22-1 Construction and property maintenance code board of appeals 105- Adopted, (a) Appendix B - Board of Appeals of the 2018 International Building Code as106published by the International Code Council107 .

108 SECTION R112 BOARD OF APPEALS. See Chapter 22 - Buildings and Building Regulations,Article I - In General, Sec. 22-1 Construction and property maintenance code board of appeals 109- Adopted, (a) Appendix B - Board of Appeals of the 2018 International Building Code as110published by the International Code Council111 .



113 That Chapter 22 - Buildings and Building Regulations, Article VII - Property Maintenance Code, 114 Sec. 22-221. - Adopted be amended by inserting the text indicated in bold blue and deleting the text115 indicated in red strikeout as follows:

116 Sec. 22-221. - Adopted.

117 (a) A certain document, three copies of which are on file in the licensing and permitting office118 of the city, being marked and designated as "The International Property Maintenance Code,119 2009" as published by the International Code Council, be and is hereby adopted as the120 Property Maintenance Code of the City of Dover, in the State of Delaware; for the control121 of buildings and structures as herein provided; and each and all of the regulations,122 provisions, penalties, conditions and terms of said property maintenance code are hereby123 referred to, adopted, and made a part hereof, as if fully set out in this section, with the124 following additions, insertions, deletions and changes:

125 Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]"

126 SECTION 111 MEANS OF APPEAL See Chapter 22 - Buildings and Building Regulations,Article I - In General, Sec. 22-1 Construction and property maintenance code board of127appeals Sec. 22-1. - Adopted, (a) Appendix B - Board of Appeals of the 2018 International128Building Code 129 .

130 Section 304.14 Insect screens. Insert "March 1st to November 30th" in place of "[date] to [date]".

131 Section 602.3 Heat supply. Insert "September 15th to May 1st" in place of "[date] to [date]".

132 Section 602.4. Occupiable work spaces. Insert "September 15th to May 1st" in place of "[date]133 to [date]".

134 (b) It shall be unlawful for any person to violate any of the provisions of the publication135 adopted in subsection (a).

136 (Code 1981, § 10-1; Ord. of 7-10-1989; Ord. of 4-25-1994; Ord. of 1-27-1997; Ord. of 3-13-2000;137 Ord. of 4-11-2005(7); Ord. of 4-14-2008; Ord. No. 2010-02, 5-10-2010; Ord. No. 2016-19 ,138 8-22-2016)


140 That Chapter 22 - Buildings and Building Regulations, Article IX - Lodginghouses, Sec. 22-303. -141 Suspension be amended by inserting the text indicated in bold blue and deleting the text indicated142 in red strikeout as follows:

143 Sec. 22-303. - Suspension.

144 (a) Grounds; duration. The building inspector shall suspend the permit issued or withhold the145 permit paid for, pursuant to this division, when he determines that the lodginghouse or the146 premises surrounding the lodginghouse fails to meet the requirements of this chapter or any


147 rule or regulation issued pursuant thereto. Suspension shall last until the violations have148 been corrected to the satisfaction of the building inspector, or the suspension shall have149 been reversed on appeal.150 (b) Notice to owner. Upon suspending any permit under this section or withholding the permit151 paid for, the building inspector shall notify the owner of the violations of the applicable152 code and shall prescribe a period in which the violation shall be corrected.153 (c) Appeal. Any owner or operator of any lodginghouse, whose permit to operate the structure154 is suspended by the building inspector pursuant to the procedures of this section, shall have

the right to appeal and notice as provided in section 22-225 Sec. 22-1. - Adopted, 155(a) Appendix B - Board of Appeals of the 2018 International Building Code156 .

157 (d) Effect of appeal. Upon suspension of a permit, or withholding of a permit ordered by thebuilding inspector and upon the permittee serving the city clerk with158 a notice of appealpursuant to section 22-225 1159 , the permit suspension shall be stayed and an existing permit

160 shall remain in force until the appeal is decided.

161 (Code 1981, § 10-78; Ord. of 4-10-2000)


163 That Chapter 22 - Buildings and Building Regulations, Article X - Rental Dwellings, Sec. 22-352.164 - Suspension be amended by inserting the text indicated in bold blue and deleting the text indicated165 in red strikeout as follows:

166 Sec. 22-352. - Suspension.

167 (a) Grounds; duration. The building inspector shall suspend the permit issued or withhold the168 permit paid for, pursuant to this division, when:

169 (1) The building inspector determines that any dwelling or the premises surrounding the170 dwelling fails to meet the requirements of this chapter or any rule or regulation issued171 pursuant thereto; 172 (2) The failure of the property owner or property manager to initiate and prosecute in173 good faith eviction proceedings following notification by the city that the terms of174 the safe communities lease addendum have been violated; or 175 (3) The failure of the property owner or property manager to attend a safe communities176 seminar when required by section 22-371(b). 177 Suspension shall last until the violations have been corrected to the satisfaction of the178 building inspector, or the suspension shall have been reversed. 179 (b) Notice of violations. Upon suspending any permit under this section or withholding the180 permit paid for, the building inspector shall notify the owner of the violations of the181 applicable code and shall prescribe a period in which the violation shall be corrected. 182 (c) Appeal. Any owner or operator of any dwelling, whose permit to operate the structure is183 suspended by the building inspector pursuant to the procedures of this section, shall have

the right to appeal and notice as provided in section 22-225 Sec. 22-1. - Adopted, 184(a) Appendix B - Board of Appeals of the 2018 International Building Code185 .

186 (d) Effect of appeal. Upon suspension of a permit, or withholding of a permit ordered by thebuilding inspector and upon the permittee serving the city clerk with filing187 a notice ofappeal pursuant to section 22-225 Sec. 22-1. - Adopted, (a) Appendix B - Board of188Appeals of the 2018 International Building Code189 , the permit suspension shall be stayed


190 and an existing permit shall remain in force until the appeal is decided.

191 (Code 1981, § 10-97; Ord. of 4-10-2000; Ord. No. 2009-26, 12-14-2009; Ord. No. 2013-04,192 4-8-2013)


194 That Chapter 22 - Buildings and Building Regulations, Article XI - Dangerous Buildings, be195 amended by inserting the text indicated in bold blue and deleting the text indicated in red strikeout196 as follows:

197 Sec. 22-381. - Definitions.

198 The following words, terms and phrases, when used in this article, shall have the meanings ascribed199 to them in this section, except where the context clearly indicates a different meaning:

200 Dangerous buildings means all buildings or structures which have any or all of the following defects201 or uses:

202 (1) Leaning interior walls. Those of which the interior walls or other vertical structural203 members list, lean or buckle to such an extent that a plumb line passing through the center204 of gravity falls outside of the middle third of its base. 205 (2) Damaged walls, etc. Those which, exclusive of the foundation, show 33 percent or more206 of damage or deterioration of the supporting member or members, or 50 percent of damage207 or deterioration of the nonsupporting enclosing or outside walls or covering. 208 (3) Loads on roofs. Those which have improperly distributed loads upon the floors or roofs or209 which the same are overloaded or which have insufficient strength to be reasonably safe210 for the purpose used. 211 (4) Fire damage, etc. Those which have been damaged by fire, wind or other causes so as to212 have become dangerous to life, safety, morals, or the general health and welfare of the213 occupants or the people of the city. 214 (5) Unfit for habitation. Those which have become or are so dilapidated, decayed, unsafe,215 insanitary or so utterly fail to provide the amenities to decent living that they are unfit for216 human habitation, or are likely to cause sickness or disease, so as to work injury to the217 health, morals, safety or general welfare of those living therein. 218 (6) Light, air, sanitation. Those having light, air, and sanitation facilities which are inadequate219 to protect the health, morals, safety, or general welfare of human beings who live or may220 live therein. 221 (7) Fire escapes, etc. Those having inadequate facilities in case of fire or panic, or those having222 insufficient stairways, elevators, fire escapes, or other means of communication. 223 (8) Loose parts. Those which have parts thereof which are so attached that they may fall and224 injure members of the public or property. 225 (9) General welfare. Those which, because of their condition or use, are unsafe, insanitary, or226 dangerous to the public health, morals, safety or general welfare of the people of this city. 227 (10) Code violations. Those existing in violation of any provisions of the building code of this228 city, or any provision of the fire prevention code, or other ordinances of this city. 229 (11) Drug sales, use, etc. Those which are being used for the unlawful selling, serving, storing,230 giving away or manufacturing (which includes the production, preparation, compounding,231 conversion, processing, packaging or repackaging) of any drug, which includes all narcotic


232 or psychoactive drugs, cannabis, cocaine and all controlled substances as defined in the233 Uniform Controlled Substances Act (16 Del. C. § 4701 et seq.). 234 (12) Unoccupied buildings. Those which are left unoccupied and unattended for periods of three235 months or more so that decay is being accelerated by natural or manmade causes or which236 may be attracting trespassers and vagrants, increasing the probability of fire and danger to237 human life. 238 (13) Incomplete buildings. Those under construction, if the authorized work is substantially239 suspended or abandoned for a period of three months or more.

240 (Ord. of 2-28-1955, § 1; Code 1981, § 5-86; Ord. of 10-28-1996; Ord. of 3-13-2000)

241 Sec. 22-382. - Standards for repair, vacation or demolition.

242 The following standards shall be followed in substance by the building inspector in ordering repair,243 vacation, or demolition of dangerous buildings:

244 (1) Repair. If the dangerous building can reasonably be repaired so that it will no longer exist in245 violation of the terms of this article, it shall be ordered repaired. 246 (2) Vacation. If the dangerous building is in such a condition or is being used as to make it247 dangerous to the health, morals, safety, or general welfare of its occupants, it shall be ordered248 to be vacated and closed. Buildings ordered closed shall not be reopened until a certificate of249 occupancy is issued. 250 (3) Demolition. In any case where a dangerous building is 50 percent damaged, decayed or251 deteriorated from its original value or structure, it shall be demolished, and in all cases where a252 building cannot be repaired so that it will no longer exist in violation of the terms of this article,253 it shall be demolished. In all cases where a dangerous building is a fire hazard as determined by254 the fire marshal, or is existing or erected in violation of the terms of this article or any ordinance255 of the city or statute of the state, it may be demolished. 256 (Ord. of 2-28-1955, § 2; Code 1981, § 5-87; Ord. of 10-28-1996)

257 Sec. 22-383. - Nuisance declared.

258 All dangerous buildings within the terms of section 22-381 are hereby declared to be public259 nuisances, and shall be repaired, vacated and closed or demolished as hereinbefore and hereafter260 provided.

261 (Ord. of 2-28-1955, § 3; Code 1981, § 5-88; Ord. of 10-28-1996)

262 Sec. 22-384. - Duties of building inspector.

263 The building inspector shall:

264 (1) Inspect public buildings. Inspect or cause to be inspected semiannually all public buildings,265 schools, halls, churches, theaters, hotels, tenements, or commercial, manufacturing, or loft266 buildings for the purpose of determining whether any conditions exist which render such places267 a dangerous building within the terms of section 22-381. 268 (2) Complaints. Inspect any building, wall or structure about which complaints are filed by any269 person to the effect that a building, wall or structure is or may be existing in violation of this270 article.


271 (3) Reported violations. Inspect any building, wall or structure reported (as hereinafter provided272 for) by the fire or police departments of this city as probably existing in violation of this article. 273 (4) Dangerous buildings. Inspect such other buildings as shall from time to time come to his274 attention as possibly dangerous buildings within the terms of section 22-381. 275 (5) Notice to owner. Notify, in writing, the owner, occupant, lessee, mortgagee, agent and all other276 persons having an interest in said building, as shown by the land records of the recorder of277 deeds of the county, of any building found by him to be a dangerous building within the278 standards set forth in section 22-381, that: 279 a. Duties of owner. The owner must vacate and close, or repair, or demolish said building in280 accordance with the terms of the notice and this article; 281 b. Duties of occupant. The occupant or lessee must vacate and close said building or may282 have it repaired in accordance with the notice and remain in possession; 283 c. Persons with interest. The mortgagee, agent or other persons having an interest in said284 building, as shown by the land records of the recorder of deeds of the county, may, at their285 own risk, repair, vacate and close, or demolish said building or have such work or act done;286 provided that any person notified under this subsection to repair, vacate and close, or287 demolish any building shall be given such reasonable time, not exceeding 30 days, as may288 be necessary to do, or have done, the work or act required by the notice provided for289 herein; 290 d. Appeal. The person or entity receiving notice by the building inspector shall have the right

to appeal his decision directly to the council and have a hearing conducted291 inaccordance with the provisions of section 22-385 before council, provided that the292notice of appeal is filed with the city clerk no later than five days after receiving293notice from the building inspector Chapter 22 - Buildings and Building Regulations,294Article I - In General, Section 22-1. - Adopted, (a) Appendix B - Board of Appeals of295the 2018 International Building Code 296 .

297 (6) Order to remedy conditions. Set forth in the notice provided for in subsection (5) hereof a298 description of the building or structure deemed unsafe, a statement of the particulars which299 make the building or structure a dangerous building and an order requiring the same to be put300 in such condition as to comply with the terms of this article within such length of time, not301 exceeding 30 days, as is reasonable.

(7) Noncompliance with notice. Report to the council any noncompliance with the notice302provided for in subsections (5) and (6) hereof. 303

(8) Testify at hearings. Appear at all hearings conducted by the council and testify as to the304condition of dangerous buildings. 305

(9 7306 ) Notice on buildings. Place a notice on all dangerous buildings, reading as follows:

307 "This building has been found to be a dangerous building by the building inspector. This notice308 is to remain on this building unit until it is repaired, vacated and closed, or demolished in309 accordance with the notice which has been given the owner, occupant, lessee, mortgagee, or310 agent of this building, and all other persons having an interest in said building, as shown by311 the land records of the recorder of deeds of Kent County. It is unlawful to remove this notice312 until such notice is complied with."

(10) Orders of council. Carry out all orders of the council to cause the repair, vacation and313closure, or demolition of dangerous buildings pursuant to section 22-385. In causing the314vacation of the dangerous building, the building inspector may order the city utilities to315be disconnected. In causing the closure of dangerous buildings, the building inspector316may direct the removal from the building of all furniture, equipment and other personal317property left by vacated occupants. 318


319 (Ord. of 2-28-1955, § 4; Code 1981, § 5-89; Ord. of 10-28-1996; Ord. of 7-8-2002)

Sec. 22-385. - Hearing before council320 .

The council of the321 city shall:

322 (1) Notice of hearing. Upon receipt of a report of the building inspector as provided for in section323 22-384(7), give written notice to the owner, occupant, mortgagee, lessee, agent, and all other324 persons having an interest in said building, as shown by the records of the recorder of deeds325 of the county, to appear before it on the date specified in the notice to show cause why the326 building or structure reported to be a dangerous building should not be repaired, vacated and327 closed, or demolished in accordance with the statement of particulars set forth in the building328 inspector's notice provided for herein in section 22-384(6).

329 (2) Conduct of hearing. Hold a hearing and hear such testimony as the building inspector or the330 owner, occupant, mortgagee, lessee, or any other person having an interest in said building, as331 shown by the land records of the recorder of deeds of the county, shall offer relative to the332 dangerous building. Hearings relative to reported dangerous buildings as defined in section333 22-381(11) shall include the testimony of the city chief of police, who may submit arrest334 records, complaint records, and affidavits relative to the property as evidence for the hearing.

335 (3) Findings. Make written findings of fact from the testimony offered pursuant to subsection (2)336 of this section as to whether or not the building in question is a dangerous building within the337 terms of section 22-381.

338 (4) Order. Issue an order based upon findings of fact made pursuant to subsection (3) of this339 section, commanding the owner, occupant, mortgagee, lessee, agent and all other persons340 having an interest in said building, as shown on the land records of the recorder of deeds of the341 county, to repair, vacate and close, or demolish any building found to be a dangerous building342 within the terms of this article, setting the time within which said building shall be repaired,343 vacated and closed, or demolished, and provided that any person so notified, except the344 owners, shall have the privilege of either vacating or repairing said dangerous building; or any345 person not the owner of said dangerous building but having an interest in said building as346 shown by the land records of the recorder of deeds of the county may demolish said dangerous347 building at his own risk to prevent the acquiring of a lien against the land upon which said348 dangerous building stands by the city as provided in subsection (5) hereof.

349 (5) Failure to comply. If the owner, occupant, mortgagee, or lessee fails to comply with the order350 provided for in subsection (4) hereof within ten days, cause such building or structure to be351 repaired, vacated and closed, or demolished, as the facts may warrant, under the standards352 hereinbefore provided for in section 22-384, and shall, with the assistance of the city solicitor,353 cause the costs of such repair, vacation, or demolition to be charged against the land on which354 the building existed as a municipal lien or cause such costs to be added to the tax duplicate as355 an assessment, or to be levied as a special tax against the land upon which the building stands356 or did stand, or to be recovered in a suit at law against the owner, provided that in cases where357 such procedure is desirable and any delay thereby caused will not be dangerous to the health,

morals, safety, or general welfare of the people of this city, the council shall notify358 the citysolicitor shall be notified359 to take legal action to force the owner to make all necessary repairs

360 or demolish the building.


361 (6) Report to solicitor. Report to the city solicitor the names of all persons not complying with the362 order provided for in subsection (4) hereof.

363 (Ord. of 2-28-1955, § 5; Code 1981, § 5-90; Ord. of 10-28-1996)

364 Sec. 22-386. - Violations; penalty for disregarding notices or orders.

365 (a) Violations by owner. The owner of any dangerous building who shall fail to comply with anynotice or order to repair, vacate and close, or demolish said building given by the council366 shall

367 be guilty of a misdemeanor and, upon conviction thereof, shall be fined as provided for in368 Appendix F-Fees and Fines. 369 (b) Violations by occupant or lessee. The occupant or lessee in possession who fails to comply370 with any notice to vacate and close or who fails to repair said building in accordance with any371 notice given by the council as provided for in this article shall be guilty of a misdemeanor and,372 upon conviction thereof, shall be fined as provided for in Appendix F-Fees and Fines. 373 (c) Removal of notice. Any person removing the notice provided for in section 22-384(9) shall be374 guilty of a misdemeanor and, upon conviction, shall be fined as provided for in Appendix375 F-Fees and Fines.

(d) [Late payment.]376 Fines not paid within 14 days of the day the fine was issued, including the day377 the fine was issued, shall be automatically doubled in amount.

378 (Ord. of 2-28-1955, § 6; Code 1981, § 5-91; Ord. of 10-28-1996; Ord. of 9-22-2003; Ord. No.379 2009-09, 6-22-2009)

380 Sec. 22-387. - Duties of the city solicitor.

381 The city solicitor shall:

382 (1) Prosecutions. Prosecute all persons failing to comply with the terms of the order provided for383 in section 22-385(4).

(2) Hearings. Appear at all hearings before the council384 in regard to dangerous buildings.385 (3) Collections. Bring suit to collect all municipal liens, assessments, or costs incurred in repairing386 or causing to be vacated and closed or demolished dangerous buildings.387 (4) Other legal action. Take such other legal action as is necessary to carry out the terms and388 provisions of this article.

389 (Ord. of 2-28-1955, § 7; Code 1981, § 5-92; Ord. of 10-28-1996)

390 Sec. 22-388. - Emergency cases.

391 In cases where it reasonably appears that there is an immediate danger to the life or safety of any392 person, unless a dangerous building is immediately repaired, vacated and closed, or demolished, the393 building inspector shall report such facts to the council, which may cause the immediate repair,394 vacation, or demolition of such dangerous building. The costs of such emergency repair, vacation395 or demolition of such dangerous building shall be collected in the same manner as provided in396 section 22-385(5).

397 (Ord. of 2-28-1955, § 8; Code 1981, § 5-93; Ord. of 10-28-1996)


398 Sec. 22-389. - Procedure when owner absent from the city.

399 In cases, except emergency cases, where the owner, occupant, lessee, or mortgagee is absent from400 the city, all notices or orders provided for herein shall be sent by registered or certified mail to the401 owner, occupant, mortgagee, lessee and all other persons having an interest in said building, as402 shown by the land records of the recorder of deeds of the county, to the last known address of each,403 and a copy of such notice shall be posted in a conspicuous place on the dangerous building to which404 it relates. Such mailing and posting shall be deemed adequate service.

405 (Ord. of 2-28-1955, § 9; Code 1981, § 5-94)

406 Sec. 22-390. - Administrative liability.

407 No officer, agent, or employee of the city shall render himself personally liable for any damage that408 may accrue to persons or property as a result of any act required or permitted in the discharge of his409 duties under this article. Any suit against any officer, agent, or employee of the city as a result of any410 act required or permitted in the discharge of his duties under this article shall be defended by the city411 solicitor until the final determination of the proceedings therein.

412 (Ord. of 2-28-1955, § 10; Code 1981, § 5-95)

413 Sec. 22-391. - Duties of fire marshal and city employees.

414 The fire marshal, all members of the fire department, all officers of the police department, and all415 other employees of the city shall report, in writing, to the building inspector all buildings or416 structures within the city which shall come to their knowledge or attention as being dangerous417 buildings within the terms of this article.

418 (Ord. of 2-28-1955, § 11; Code 1981, § 5-96)

419 Secs. 22-392—22-399. - Reserved.


421 That Chapter 46 - Fire Prevention and Protection, Article III - Fire Codes, Sec. 46-125 - Appeal;422 hearing, be amended by inserting the text indicated in bold blue and deleting the text indicated in red423 strikeout as follows:

424 Sec. 46-125. - Appeal; hearing.

425 Appeal; hearing. Whenever any person is aggrieved by a decision of the fire marshal with426 respect to the provisions of this chapter, it is the right of that person to appeal to the

construction and property maintenance code427 board of appeals, as provided for in Chapter22-Buildings and Building Regulations, Article I-In General, Section 22-1- Construction and428property maintenance code board of appeals Adopted (a) - Appendix B - Board of429Appeals of the 2018 International Building Code. Such appeal must be filed, in writing,430within 30 days after the determination by the fire marshal. Upon receipt of such appeal,431the construction and property maintenance code board of appeals shall set a time and432place, in not less than ten or more than 30 days, for the purpose of hearing the appeal.433


Notice of the time and place of the hearing of the appeal shall be given to all parties, at434which time they may appear and be heard. The determination by the construction and435property maintenance code436 board of appeals shall be final in all cases.

437 (Ord. No. 2016-19 , 8-22-2016)

438 Editor's note- Ord. No. 2016-19 , adopted August 22, 2016, in effect, repealed § 46-125 and enacted439 a new § 46-125. Former § 46-125 pertained to construction code appeals committee and derived440 from the Code of 1981; Ord. of 5-10-1982; and Ord. of 11-22-1993.


442 That Chapter 46 - Fire Prevention and Protection, Article IV - Public Occupancies, Sec. 46-170 -443 Appeals, be amended by inserting the text indicated in bold blue and deleting the text indicated in444 red strikeout as follows:

445 Sec. 46-170. - Appeals.

446 (a) Right generally. Any owner or operator of any public occupancy structure whose permit447 to operate the structure is suspended by the fire marshal or city licensing officer pursuant448 to this article shall have the right to appeal and notice as provided in this chapter.

449 (b) Notice; effect. Upon suspension of a permit ordered by the fire marshal or city licensingofficer pursuant to section 46-169 and upon the permittee serving the city clerk with450filing451 a notice of appeal pursuant to section 46-125, the permit suspension shall be stayedand the permit shall remain in abeyance until the appeal is decided by the council board452of appeals453 .

454 (Code 1981, § 7-71; Ord. of 11-22-1993; Ord. of 11-27-2000)


456 That Chapter 50 - Floods, Article IV - Variances, Sec. 50-46 - Variances, be amended by inserting457 the text indicated in bold blue and deleting the text indicated in red strikeout as follows:

458 Sec. 50-46. - Variances.

The City of Dover construction and property maintenance code459 board of appeals, as provided forin chapter 22, Buildings and Building Regulations, article I, In General, section 22-1. - Adopted,460(a) Appendix B - Board of Appeals of the 2018 International Building Code as published by461the International Code Council, the board of appeals462 shall have the power to authorize, in

463 specific cases, such variances from the requirements of these regulations and the flood load and flood464 load and flood-resistant construction of the building code, not inconsistent with federal regulations,465 as will not be contrary to the public interest where, owing to special conditions of the lot or parcel,466 a literal enforcement of the provisions of these regulations would result in unnecessary hardship.

467 (1) Application for a variance.

468 a. Any owner, or agent thereof, of property for which a variance is sought shall submit an


469 application for a variance to the floodplain administrator.470 b. At a minimum, such application shall contain the following information: Name, address,471 and telephone number of the applicant; legal description of the property; parcel map;472 description of the existing use; description of the proposed use; location of the floodplain;473 description of the variance sought; and reason for the variance request. Each variance474 application shall specifically address each of the considerations in section 50-46(2) and the475 limitations and conditions of section 50-46(3).

476 (2) Considerations for variances. In considering variance applications, the City of Dover477 construction and property maintenance code board of appeals shall consider and make findings478 of fact on all evaluations, all relevant factors, requirements specified in other sections of these479 regulations, and the following factors:

480 a. The danger that materials may be swept onto other lands to the injury of others.481 b. The danger to life and property due to flooding or erosion damage.482 c. The susceptibility of the proposed development and its contents (if applicable) to flood483 damage and the effect of such damage on the individual owner.484 d. The importance of the services provided by the proposed development to the community.485 e. The availability of alternative locations for the proposed use which are not subject to, or486 are subject to less, flooding or erosion damage.487 f. The necessity to the facility of a waterfront location, where applicable, or if the facility is488 a functionally dependent use.489 g. The compatibility of the proposed use with existing and anticipated development.490 h. The relationship of the proposed use to the comprehensive plan for that area.491 i. The safety of access to the property in times of flood for ordinary and emergency vehicles.492 j. The expected heights, velocity, duration, rate of rise, and sediment transport of the flood493 waters and the effects of wave action, if applicable, expected at the site.494 k. The costs of providing governmental services during and after flood conditions, including495 maintenance and repair of public utilities and facilities such as sewer, gas, electrical, and496 water systems, and streets and bridges.

497 (3) Limitations for variances.

498 a. An affirmative decision on a variance request shall only be issued upon:

499 1. A showing of good and sufficient cause. A "good and sufficient" cause is one that500 deals solely with the physical characteristics of the property and cannot be based on501 the character of the planned construction or substantial improvement, the personal502 characteristics of the owner or inhabitants, or local provisions that regulate standards503 other than health and public safety standards.504 2. A determination that failure to grant the variance would result in exceptional505 hardship due to the physical characteristics of the property.506 3. Increased cost or inconvenience of meeting the requirements of these regulations507 does not constitute an exceptional hardship to the applicant.508 4. A determination that the granting of a variance for development within any509 designated floodway, or special flood hazard area with base flood elevations but no510 floodway, will not result in increased flood heights beyond that which is allowed in511 these regulations.512 5. A determination that the granting of a variance will not result in additional threats to


513 public safety; extraordinary public expense, nuisances, fraud on or victimization of514 the public, or conflict with existing local laws.515 6. A determination that the structure or other development is protected by methods to516 minimize flood damages.517 7. A determination that the variance is the minimum necessary, considering the flood518 hazard, to afford relief.519 b. Upon consideration of the individual circumstances, the limitations and conditions, and the520 purposes of these regulations, the City of Dover construction and property maintenance521 code board of appeals may attach such conditions to variances as it deems necessary to522 further the purposes of these regulations.c.The City of Dover construction and property523 maintenance code board of appeals shall notify any applicant in writing to whom a variance524 is granted for a building or structure with a lowest floor elevation below the base flood525 elevation that the variance is to the floodplain management requirements only, and that the526 cost of federal flood insurance will be commensurate with the increased risk.

527 (Ord. No. 2014-09, 6-9-2014 ; Ord. No. 2016-19 , 8-22-2016)

528 ADOPTED: *529 S:\ORDINANCES\2020\DRAFT\ORDINANCE #2020-04 - DANGEROUS BUILDINGS\ORDINANCE #2020-04-AMENDING DANGEROUS BUILDINGS.wpd

530 SYNOPSIS531 *532 (SPONSORS: *, *, *)

533 Actions History534 02/11/2020 - Introduction - Council Committee of the Whole/Legislative, Finance, and Administration Committee

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