COUNCIL PACKET

REGULAR COUNCIL MEETING AGENDA May 24, 2010 - 7:30 P.M. - Council Chambers - City Hall - City of Dover OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.) INVOCATION BY CHAPLAIN WALLACE DIXON PLEDGE OF ALLEGIANCE AGENDA ADDITIONS/DELETIONS * CONSENT AGENDA Those items on the Council Agenda which are considered routine and non-controversial shall be marked with an asterisk (*) and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. * 1. Adoption of Minutes - Special Council Meeting of May 3, 2010 - Annual Council Meeting of May 10, 2010 2. Presentations - Reliable Public Power Provider (RP3®) and Safety Awards 3. Public Hearings/Final Readings - Rezonings A. Property located on the south side of White Oak Road, south of Mourning Dove Lane, owned by TLFD Management, LLC. The property, consisting of 12.78+/- acres, is currently zoned R-20 (One Family Residence) and subject to the SWPOZ (Source Water Protection Overlay Zone) and the proposed zoning is R-8 (One Family Residence) and subject to the SWPOZ (Source Water Protection Overlay Zone) (Tax Parcel: LC05-068.00-01-18.00-000; Planning Reference: Z-10-01) The First Reading of Proposed Ordinance #2010-04 was accomplished during the Council Meeting of February 22, 2010. This item was tabled by the Planning Commission on March 15, 2010. On April 12, 2010, the Public Hearing was Rescheduled for Monday, May 24, 2010 at 7:30 p.m. B. Properties located on the south side of Hazlettville Road, west of Wyoming Mill Road, owned by multiple individual property owners, consisting of 88.10+/- acres. These properties are currently zoned RM-1 (Medium Density Residence) and subject to the SWPOZ (Source Water Protection Overlay Zone) and the proposed zoning is R-8 (One Family Residence) and subject to the SWPOZ (Source Water Protection Overlay Zone). (Planning Reference: Z-10-02) The First Reading of Proposed Ordinance #2010-08 was accomplished during the Council Meeting of March 8, 2010.

Council Agenda May 24, 2010 Page 2 3. Public Hearings/Final Readings - Rezonings (Continued) C. Property located at 1059 Horsepond Road, south of Lafferty Lane, owned by David and Sherry Blake, consisting of 1.8612+/- acres. The property is currently zoned M (Manufacturing) and subject to the AEOZ (Airport Environs Overlay Zone). The proposed zoning is C-3 (Service Commercial) and subject to the AEOZ (Airport Environs Overlay Zone). (Tax Parcel: ED05-078.13-01-17.00-000; Planning Reference: Z-10-03). The First Reading of Proposed Ordinance #2010-09 was accomplished during the Council Meeting of March 22, 2010. D. Property located at 1169 South State Street, owned by Young Men's Christian Association of Delaware, Inc. (YMCA), consisting of 0.6899+/- acres (30,052+/- s.f.). The property is currently zoned RG-O (General Residence and Office) and the proposed zoning is IO (Institutional and Office). The subject property is located on the east side of South State Street, north of Roosevelt Avenue/Wyoming Avenue. (Tax Parcel: ED05-077.17-05-58.00-000; Planning Reference: Z-10-04). The First Reading of Proposed Ordinance #2010-10 was accomplished during the Council Meeting of March 22, 2010. 4. Public Hearings - Violation of Dangerous Building Ordinance A. Property located at 715 Slaughter Street, Owned by Isaiah Freeman, Jr. Est. B. Property located at 749 West North Street, Owned by Knowles D. Harmon Est. 5. Legislative, Finance, and Administration Committee Report - May 24, 2010 (Except for the following tim e sensitive issues, the LF&A Com m ittee Report from M ay 24, 2010 will be presented to Council during their Regular Meeting of June 14, 2010 for Council’s review and consideration) A. Proposed Ordinance #2010-11 - Adoption of Business License Fee Schedule (Referred back to Committee by Council on April 26, 2010 to allow public discussion)(See Item #12-A) * 6. Monthly CIP Report - March 2010 7. Set Public Hearing - Electric Fund Budget (Recommended that a Public Hearing be set for June 14, 2010 at 7:30 p.m.) * 8. Committee Appointments - Council President A. Legislative, Finance, and Administration Committee B. Parks, Recreation, and Community Enhancement Committee C. Safety Advisory and Transportation Committee D. Utility Committee E. Civilian Pension Board F. Construction Code Board of Appeals G. Police Pension Board * 9. Miscellaneous Appointments - Council President A. Chamber of Commerce & Greater Dover Committee Liaison Members B. City/County Liaison Committee C. Kent County Tourism

Council Agenda May 24, 2010 Page 3 * 10. Appointment - Recommended by Council President - Chaplain Wallace Dixon - City Chaplain (Annual Appointment expires June 2011) 11. Rezoning Requests/First Readings (Recommended for referral to the Planning Commission on June 21, 2010 and that a Public Hearing be set for July 12, 2010 at 7:30 p.m.) A. Property located on Saulsbury Road south of Forrest Avenue, owned by Route 8 & Saulsbury Road, LLC, consisting of 1.01+/- acres. The property is currently zoned CPO (Commercial/Professional Office) and subject to COZ-1 (Corridor Overlay Zone). The proposed zoning is C-2A (Limited Central Commercial) and subject to COZ-1 (Corridor Overlay Zone). (Tax Parcel: ED05-076.11-01-24.00-000; Planning Reference: Z-10-05) B. Properties located at 217 and 223 McKee Road, owned by Mor-Kath-Ric, LLC, consisting of 1.12+/- acres. The property is currently zoned R-7 (One Family Residence) and subject to COZ-1 (Corridor Overlay Zone). The proposed zoning is RM-1 (Medium Density Residence) and subject to COZ-1 (Corridor Overlay Zone). (Tax Parcels: ED05-067.15-02-02.00-000 and ED-05-067.15-02-01.00-000; Planning Reference: Z-10-06) C. Property located at 40-60 Ridgely Street, owned by Robert A. and Nancy H. Kauffman, consisting of 2.0047+/- acres. The property is currently zoned M (Manufacturing) and subject to COZ-1 (Corridor Overlay Zone). The proposed zoning is C-3 (Service Commercial) and subject to COZ-1 (Corridor Overlay Zone). (Tax Parcel: ED05-076.08-01-26.01-000; Planning Reference: Z-10-07) 12. Final Reading - Proposed Ordinance #2010-11 The First Reading of the following proposed ordinance was accomplished during the Council Meeting of April 26, 2010. Copies of the proposed ordinance are available at the entrance of the Council Chambers. A. #2010-11 - Adoption of Business License Fee Schedule 13. Council Members Announcements /tm S:\AGENDAS & MINUTES\Council-Agendas\2010\05-24-2010.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

SPECIAL COUNCIL MEETING A Special Council Meeting was held on May 3, 2010 at 4:01 p.m. with Council President Williams presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. McGiffin, Mr. Hogan, Mr. Salters, and Mr. Ruane. Councilman-Elect Bonar (departed at 5:08 p.m.) and Mayor Carey (arrived at 4:55 p.m. and departed at 5:08 p.m.) were also present. Council staff members present were Mr. DePrima, Mrs. Mitchell, Mrs. Tieman, and Mrs. McDowell. AGENDA ADDITIONS/DELETIONS Mr. Leary moved for approval of the agenda, seconded by Mr. McGlumphy and unanimously carried. 2010/2011 BUDGET OVERVIEW Council President Williams advised members that an introduction and presentation of the budget would be provided by the Mr. Anthony DePrima, City Manager. Introduction and Presentation Mr. DePrima provided a brief introduction and presentation of the 2010/2011 Draft Budget (Exhibit #1). He noted that the existing revenues are estimated to be 12% lower than last year’s budget. The estimated operating expenditures total $146.6 million (excludes intrafund transfers and current year balances), which is a decrease of 6.81% over last year’s budget. Revenue/Expenses - General Fund, Water/Wastewater Fund, and Electric Fund Mr. DePrima reviewed a presentation of the Projected Revenues/Expenses for Fiscal Year 2010/2011 for the General Fund, Water/Wastewater Fund, and Electric Fund (see Exhibit #1). Responding to Mr. Salters, Mr. DePrima reminded members that the landfill fees charged to the City will be increasing approximately 40%. The City of Dover and six (6) other municipalities are currently appealing this decision and working with the Delaware Solid Waste Authority on alternative fees. Since this issue has not yet been resolved, for budget purposes, the increase in fees was included in the proposed budget. In response to a request by Mr. Ruane, Mr. DePrima assured members that staff would provide a comparison for trash fees, similar to what is provided for utilities. Mr. DePrima reviewed a spreadsheet provided to members entitled “Estimated Schedule of Expense and Revenues” (Exhibit #2). He reminded members that the spreadsheet reflects the model created by staff that was originally presented to members in January. There being no objections, Council President Williams declared a brief recess. Meeting Recessed at 5:08 P.M. and Reconvened at 5:19 P.M.

SPECIAL COUNCIL MEETING (BUDGET HEARINGS) MAY 3, 2010 PAGE 2 Council President Williams announced that Mayor Carey would not be available for the remainder of the meeting due to a previous commitment and requested that the review of his budget be deferred. There were no objections to the request. Personnel and Salary Changes Mr. DePrima noted that there was only one (1) request for additional staff (Accountant II in the Finance Department). He stated that staff is currently considering contracting out payroll services and reorganizing existing staff; therefore, fulfilling this request would not create any additional “head” count. Mrs. Mitchell, Controller/Treasurer, advised members that the Accountant II position is necessary due to the Department’s increased workload, an increase in the number of projects assigned, and the need to comply with accounting standards. She noted that keeping up with the workload has become increasingly arduous and explained the need for direct supervision over the Payroll and Accounts Payable sections. Mrs. Mitchell stated that absences and turnover have impacted the Department negatively, efficiency and accuracy have decreased, and that fully staffing the Department would create vast improvements in this regard. Mr. DePrima noted that there were six (6) requests to fill current vacancies as a result of the hiring freeze and that five (5) of the positions have been included in the proposed budget. Responding to Mr. McGlumphy, Mr. DePrima confirmed that there are current requests to fill one (1) new position and five (5) vacant positions. He estimated that there are approximately 25-26 open positions; however, he explained that this number constantly changes depending on retirements, etc. As a result, he confirmed that 20 positions that were included in previous years have been totally eliminated from the budget and that staff would provide Council with a list of those positions. Mr. DePrima advised members that there were five (5) requests for upgrades of current positions and that only one (1) of the requests has been included in the proposed budget. Referring to the two (2) requests for permanent placement, he assured members that there is no monetary adjustment needed, explaining that, as the policy required, the employees received temporary upgrades after 30 days in the new positions. He indicated that approval is only needed to change the status from “acting” to permanent and that this is a unique situation that was directly affected by the hiring freeze and does not fit any existing policy or practice. Referring to the career ladder development requests for engineers, Mr. DePrima stated that no costs for these requests have been included in the proposed budget and that the FY 2012 budget would be the first to be impacted by this. At the request of Mr. McGlumphy, Mr. DePrima stated that he would provide members with further details, such as the number of employees involved, their positions, and estimated budget impact. In response to Mr. Ruane, Mr. DePrima confirmed that the engineer positions have been difficult to fill and that the career ladder development policy would enable the City to retain these employees.

SPECIAL COUNCIL MEETING (BUDGET HEARINGS) MAY 3, 2010 PAGE 3 Salary Review Mr. DePrima advised members that Mr. McGlumphy had requested the opportunity to review salaries. Mr. McGlumphy stated that the spreadsheet provided includes salary information for department heads (Exhibit #3) for information purposes only. Review of Selected General Fund Division Budgets for FY 2010/2011 Mr. DePrima reviewed a Presentation of the Selected General Fund Division Budgets for FY 2010/2011 (Exhibit #4), reminding members that the Mayor’s Budget was deferred. The line item details for each of these budgets were included in the packet presented to members. Members were provided revised line item details for the Facilities Management and Customer Service departmental budgets (Exhibit #5). Mr. DePrima noted that attrition (1-2%) has been added to the budgets for these departments. Referring to the City Manager’s budget, Mr. Ruane requested that staff provide members with details regarding legal expenses. He also requested that staff provide members with the objectives for all divisions. Mr. Ruane questioned if the City could decrease postage costs further by providing billings electronically. Responding, Mrs. Teresa Tieman, Senior City Administrator, stated that, due to the fact that the City currently has no web programmer, it would be cost prohibitive at this time. Noting the importance of utility payments, she also relayed reluctance to consider this, should a new web programmer be hired. However, she assured members that this project will continue to be reviewed by staff for possible future implementation. Regarding the Meter Reading Division, Mrs. Tieman advised members that although two (2) meter reading positions have been eliminated, the budget details reflect only one (1) reduction, since the other position was previously included in the Water Meter Reading budget, and that division has been eliminated. She explained that the water and electric meter readers have been combined into the one (1) budget presented. She assured members that all relevant information will be provided to Council regarding this matter. With reference to the strategic objectives for the Human Resources Department, Mr. Ruane suggested including the revisions for the PFP Compensation Plan. Responding to Mr. Ruane, Mr. DePrima stated that, although the IT Department was responsible for overseeing the installation of the surveillance cameras in a portion of the downtown area, the Police Department will be responsible for monitoring these cameras. Mr. Leary moved for adjournment, seconded by Mr. McGlumphy and unanimously carried.

SPECIAL COUNCIL MEETING (BUDGET HEARINGS) MAY 3, 2010 PAGE 4 Meeting Adjourned at 6:32 P.M. TRACI A. MCDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Special Meeting of May 3, 2010, are hereby approved. CARLETON E. CAREY, SR. MAYOR TM/jg S:\AGENDAS & MINUTES\Council-Minutes\2010\05-03-2010 Budget Hearings.wpd Exhibits Attached to Original Minutes and File Copy Exhibit #1 - Introduction and Presentation of the 2010/2011 Draft Budget Exhibit #2 - Spreadsheet - Estimated Schedule of Expense and Revenues Exhibit #3 - Spreadsheet - Salary Information for Department Heads Exhibit #4 - Presentation of Selected General Fund Division Budgets for FY 2010/2011 Exhibit #5 - Revised Departmental Budgets - Facilities Management and Customer Services

ANNUAL COUNCIL MEETING The Annual Council Meeting was held on May 10, 2010 at 7:30 p.m. with Mayor Carey presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters, Mr. Ruane, and Mrs. Williams. Council staff members present were Police Chief Hosfelt, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Fire Chief Christiansen, Mr. DePrima, City Solicitor Rodriguez, and Mrs. McDowell. The invocation was given by Reverend Richard M. Avant of Calvary Baptist Church, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Mr. McGlumphy moved for approval of the agenda as presented, seconded by Mr. Salters and unanimously carried. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 26, 2010 The Minutes of the Regular Council Meeting of April 26, 2010 were unanimously approved by motion of Mr. Leary, seconded by Mr. McGlumphy and bore the written approval of Mayor Carey. PROPOSED RESOLUTION NO. 2010-02/PRESENTATION - TIMOTHY A. SLAVIN The City Clerk read the following Resolution into the record: WHEREAS, Timothy A. Slavin was duly sworn as Councilman of the Third District on May 10, 2004 and served with distinction until May 10, 2010; and WHEREAS, during his six years of service to the citizens of Dover, Timothy A. Slavin served as Chairman of the Safety Advisory and Transportation Committee; the Legislative, Finance, and Administration Committee; the Construction Code Board of Appeals; the Education Liaison Committee; and the Sex Offenders Legislation Review Committee; as Co-Chair of the Services to Seniors Committee; as Secretary of the Dover 4th of July Committee; and as a member of the Utility Committee; the Downtown Dover Development Corporation; the Downtown Dover Partnership; and the Haggerty & Haggerty Ad-Hoc Review Committee; and as Liaison to Kent County (City/County Committee); and WHEREAS, throughout his tenure, Timothy A. Slavin has provided innovative solutions to the multitude of complex problems encountered by the municipality; and has displayed a professional approach to his duties and a quality of leadership that fostered civility and the respect of his colleagues; and WHEREAS, Timothy A. Slavin has always placed the concerns and views of his constituents in the forefront and will always be remembered as a voice of the people.

ANNUAL CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 2 NOW, THEREFORE, BE IT RESOLVED that the Mayor and Council recognize that Timothy A. Slavin will be sorely missed and express their sincere appreciation to him and his family for the dedicated years of service and personal sacrifices made on behalf of the City of Dover. BE IT FURTHER RESOLVED that the Mayor and Council wish Councilman Slavin and his family success in all future endeavors and direct the City Clerk to make this resolution a part of the permanent records of the City of Dover as a lasting symbol of appreciation and gratitude to Timothy A. Slavin. ADOPTED: MAY 10, 2010 Mr. McGiffin moved for adoption of Resolution No. 2010-02, seconded by Mrs. Russell and unanimously carried. Mayor Carey and members of Council presented Councilman Slavin with the Resolution, a Dover Cup, and a Key to the City. Mr. Slavin read the following statement into the record: “To the Mayor, members of Council, and to all those who are gathered here this evening and watching on television: It is difficult to convey my feelings of deep gratitude for the honor of having served our city as a member of City Council for the past six years. I would like to extend my thanks to the Mayor and those members of our current Council, who I have worked with side-by-side on many, many issues. I appreciate your kind words, but more so, I appreciate and value the commitment you have to our City. I can attest that each one of these members, to a person, works many hours long after the reporters file their stories and long after the cameras are turned off and packed up. They give up much to do this job, and we all owe them a debt of thanks. I know that my successor, Councilman-Elect David Bonar, will continue a similar work ethic with the job, and I pledge my support to him as he begins to represent the Third District, and I promise, here with the cameras rolling, that I will forward all the constituent complaints to him in a timely manner! Dave, you have the honor of not only having the best district in the city, but also having one heck of a Councilman to work with - Councilman Jim McGiffin. I would also like to thank and recognize those former elected officials I worked with here in this Chamber: former Mayor Steve Speed, and those former Council members I worked with for the past six years—Carleton Carey, when he was an at-large Council member; Councilman Bob Sadusky; Councilman Rob Ritter; my predecessor, Councilman Bill Truitt; and, of course, Councilman John Pitts. It was from Mr. Pitts that I learned that,

ANNUAL CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 3 while there may be knowledge in words, there is often wisdom in silence, and that is something I will carry with me for all time. I would also like to take a moment just to thank the employees of the City of Dover—every one of them. In a word, you are inspiring. You not only do your jobs well and with great integrity, but you do so with a pride that shows every day. We live in a great city, thanks to your efforts each and every day. I don't want to single out any single group because I do feel that the spirit of public service is noticed at every level, but I want to offer a special thanks to the men and women of the Police and Fire Departments. It has been my honor to represent your interests on Council, and I thank each and every one of you for the courage you bring to your jobs everyday. The constituents of the Third District are a truly amazing resource in our City, as Councilman McGiffin can attest. Our District contains more homeowners associations, and it seems like each one of them is very active and very engaged. People in Wild Meadows, Towne Point, White Oak, the Wesley College area, Persimmon Park Place, and Acorn Farms (to name a few - I know I’m leaving some out) have been a great joy to work with, and I thank them, not only for their civic duty, but for the many nights we met in their homes to talk about issues. But I would only tell half the story if I didn't include some of the special interest groups that have appeared before us, that have filled up this chamber, that have filled up our voice mail boxes and that have filled up our email boxes—boat and RV owners; dangerous breed of dog owners; soccer players; people who live on Artis Drive, in Schoolview, in Nottingham Meadows; Girl Scouts; Boy Scouts; college students; and certainly the advocates for those who can't advocate for themselves. Having a front row seat in the parade of American democracy that comes by every day has been a singular honor, and one that I won't ever forget. Thank you for this honor. Thank you for preserving our American democracy and I wish you Godspeed in your duties. Thank you.” On behalf of the Dover Fire Department, Fire Chief Christiansen presented Mr. Slavin with a plaque in appreciation for his continued support during the past six (6) years. OATHS OF OFFICE - CITY COUNCIL The Honorable Henry duPont Ridgely, Justice of the Supreme Court, administered the Oath of Office to members of City Council, as follows: Mayor - Carleton E. Carey, Sr. Council - First District - Beverly C. Williams Council - Second District - William P. McGlumphy Council - Third District - David L. Bonar Council - Fourth District - Sophia R. Russell

ANNUAL CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 4 ELECTION OF COUNCIL PRESIDENT/VICE-MAYOR Mr. McGlumphy moved to nominate Beverly C. Williams to serve as Council President/Vice-Mayor for 2010/11, seconded by Mr. Bonar. Mr. McGiffin moved to nominate Kenneth L. Hogan to serve as Council President/Vice-Mayor for 2010/11, seconded by Mr. Leary. Mr. Leary moved to close nominations for Council President/Vice-Mayor for 2010/11, seconded by Mr. Bonar and unanimously carried. Mrs. Russell moved to use the Australian (secret) ballot method of voting, seconded by Mr. Ruane. Mr. McGiffin relayed his opposition to the use of the secret ballot, stating that he felt it was not necessary in this matter. The motion to use the Australian (secret) ballot method of voting failed by a roll call vote of six (6) no and three (3) yes (Mrs. Russell, Mr. McGlumphy, and Mr. Ruane). The motion for Beverly C. Williams to serve as Council President/Vice-Mayor for 2010/11 failed by a show of hands of seven (7) no and two (2) yes (Mr. McGlumphy and Mrs. Williams). The motion for Kenneth L. Hogan to serve as Council President/Vice-Mayor for 2010/11 carried by a show of hands of seven (7) yes and two (2) no (Mr. McGlumphy and Mrs. Williams). Mayor Carey thanked everyone who participated in the Oath of Office Ceremony and explained the importance of working as a team. He recognized the attendance of Dr. William Johnston, President of Wesley College; Dr. Harry Williams, President of Delaware State University; Mr. Gary Patterson, Executive Director of the Downtown Dover Partnership; Kent County Levy Court Commissioners Allan Angel and Bradley Eaby; U. S. Senator Thomas Carper, and Col. Randal Bright, 512th Airlift Wing Commander from Dover Air Force Base. Mr. Bonar advised members that 30 years ago, he was honored to have taken an Oath of Office to serve as Councilman for the Second District for the City of Dover. He relayed his appreciation for the people of the Third District for giving him the opportunity to serve them in this capacity. He thanked his wife, Dr. Patricia Patterson, and friends who helped him in this endeavor. Senator Carper congratulated those that were newly elected and those that were returning to serve, noting the honor it is to serve as a public official. He stated he looked forward to a continued partnership with the State and local governments. RECESS Mr. Salters moved to recess to take photographs of the Mayor and members of City Council, seconded by Mr. Leary and unanimously carried.

ANNUAL CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 5 Meeting recessed at 8:04 p.m. Mr. Bonar moved to reconvene, seconded by Mr. Leary and unanimously carried. Meeting reconvened at 8:23 p.m., with Mayor Carey presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. Bonar, Mr. McGiffin, Mr. Hogan, Mr. Salters, Mr. Ruane, and Mrs. Williams. STATE OF THE CITY MESSAGE - MAYOR CARLETON E. CAREY, SR. Mayor Carleton E. Carey, Sr. presented the State of the City Message (Exhibit #1). CONSENT AGENDA Mr. Salters moved for approval of the consent agenda, seconded by Mr. Hogan and carried by a unanimous roll call vote. UTILITY COMMITTEE REPORT - APRIL 26, 2010 The Utility Committee met on April 26, 2010 with Chairman Ruane presiding. Cost Benefit Analysis/Proposed Implementation Plan for In-House Recycling Program Mr. Anthony DePrima, City Manager, reminded members that the City’s curbside recycling contract with the Delaware Solid Waste Authority (DSWA) will expire on June 30, 2010. DSWA will no longer provide this service. As a result, staff has analyzed two (2) options using a three (3) year timeline. He provided members with revised spreadsheets (attachment to Committee minutes) and explained the alternatives, as follows: Mr. DePrima noted that the information previously provided to members indicated that staff’s recommendation was for the City to implement an in-house recycling program, since this was considered the more affordable alternative. However, he advised members that there have been some price revisions from the contractor due to the State’s recycling legislation. He reminded members that this legislation mandates that the DSWA provide cans to the cities. Prior to the adoption of this legislation, cans were to be provided to municipalities if they operated a recycling program, but not necessarily if the program was contracted out. As a result, staff contacted the contractor and requested that the price be adjusted to reflect that the cans would not be provided by the contractor. Considering this price adjustment, Mr. DePrima advised members that staff’s conclusion regarding this matter has changed. Staff recommended utilizing a private contractor for the recycling program. Mr. DePrima stated that a final Request for Proposal (RFP) will be presented to members for their review and recommendation. Mr. Scott Koenig, Public Services Manager/Director of Public Works, reviewed the Curbside Recycling Alternative spreadsheet provided to members (attachment to Committee minutes). He noted that the original spreadsheet provided in the packet depicted an estimated savings of $130,000 to the City over a three (3) year period through utilizing an in-house recycling program. He explained that when the original RFP was prepared to solicit bids from private contractors, it

ANNUAL CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 6 required contractors to provide recycling containers. However, Mr. Koenig noted that it is now anticipated that the DSWA will provide approximately 7,700 recycling containers to the City, with an estimated value of $350,000. Staff requested that Inland Service Corporation (who provided the lowest cost proposal) resubmit prices after eliminating the cost of containers. As a comparison, Mr. Koenig advised members that the original lowest cost proposal was $1.74 per pickup and that the revised lowest cost proposal is $1.18 per pickup. Taking this into consideration, he stated that the City would actually save approximately $250,000 by utilizing a private contractor versus providing the service in-house. He indicated that staff would meet with Inland Service Corporation to discuss their proposal further. Staff recommended that authorization be granted to negotiate with Inland Service Corporation further to develop a service contract to provide curbside recycling services for the City, to be presented to City Council for final approval. Although this particular matter will not be brought back to the Committee, Mr. Ruane noted that there are additional issues that warrant further review by the Committee. As an example, he noted that Item #6, under “other considerations” on the action form, suggests the need for the development of a “Solid Waste” Utility Fund. Responding to Mr. Ruane, Mr. Koenig stated that the DSWA accepted the budget of $80 per ton for municipal solid waste. There is a rebate to the contract users in the amount of $8 per ton; therefore, the net increase will go from approximately $61.50 up to $72.00. Based on this information, Mr. Ruane noted the necessity of making every effort possible to divert solid waste from the landfills and that recycling would assist in this regard. The Committee recommended authorizing staff to negotiate with Inland Service Corporation further to develop a service contract for providing curbside recycling services for the City, to be presented to City Council for final approval. Mr. DePrima clarified that the City of Dover, along with six (6) other municipalities that are direct contract users with the DSWA, is continuing discussions regarding their rate structures. He stated that a presentation was made last week to the DSWA Board of Directors and that they have authorized their staff to continue discussing the possibility of a different rate structure. In response to Mr. Ruane, Mr. DePrima stated that there will be additional amendments to the State’s recycling legislation. He advised members that the “match” requirements have been eliminated from the proposed legislation, as previously reported during the Committee meeting of April 12, 2010. He noted that it has been determined that an applicant can be “retroactive” and that no additional language in this regard is necessary, explaining that applications for start-up costs would be accepted regardless of when they actually occurred. Mr. Ruane moved to authorize staff to negotiate with Inland Service Corporation to develop a service contract for providing curbside recycling services for the City, to be presented to City Council for final approval once the negotiations have been completed, seconded by Mr. Hogan.

ANNUAL CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 7 Mrs. Williams expressed concern with the action since the General Assembly has not made a final decision regarding this matter, explaining that it may be premature for the City to negotiate a binding agreement before a final decision is made by the General Assembly. Responding to Mr. McGlumphy, Mr. Ruane indicated that recycling would be voluntary for households; however, it would be mandatory on the part of the State for the City to have a program in place. Mr. Ruane reminded members that DSWA is raising rates by 40% at the landfill. He stated that, as a result, the City has a responsibility to eliminate as much trash as possible before transporting to the landfill, not only for environmental reasons, but also for the cost savings, noting that every ton saved from the landfill equates to $80. He also noted that there has been a high rate of participation in the recycling program by residents. Responding to Mrs. Williams, Mr. Ruane stated that, although participation in the program is voluntary, the costs for the program will be shared by all residents. He stated that pending legislation regarding this matter has passed the Senate and is currently before the House for consideration, with a vote expected on Tuesday. The City participated in amending the legislation to include funds to assist municipalities in managing the recycling program. Mrs. Williams reiterated her concern that the City is taking action prior to final action by the State. Mr. McGiffin felt that there was no inherent conflict in considering the proposal for the City to provide recycling services, irrespective of the actions of the General Assembly. On a call for the question by Mr. Salters, the motion to authorize staff to negotiate with Inland Service Corporation to develop a service contract for providing curbside recycling services for the City, to be presented to City Council for final approval, was unanimously carried. FY 2011 Five-Year Capital Investment Plan (CIP) and PACE Plant Valuation and Recommendations Mr. Anthony DePrima, City Manager, introduced Mr. H. Holt Bradshaw and Mr. Greg Simmons of PACE Global Energy Services, and Mr. Vince Scire, of North American Energy Services (NAES) Corporation, serving as Plant Manager for McKee Run. Mr. Bradshaw reviewed a Presentation of the Plant Life Strategy (attachment to Committee minutes). Members were provided a FY 2011 Five-Year Capital Investment Plan (CIP) for their consideration, which included new projects that were depicted in highlight. Responding to Mr. Ruane, Mr. Scire indicated that a majority of the projects will have some effect on regulatory compliance, and this is dealt with on a day-to-day basis. The Committee recommended acceptance of the FY 2011 Five-Year CIP and PACE Plant Valuation and Recommendations Report.

ANNUAL CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 8 By consent agenda, Mr. Salters moved for approval of the Committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote. Review of Utility Related CIP’s (Electric and Water/Wastewater) Members were provided a Project Tracking Report, as of February 28, 2010, for the Utility (Electric and Water/Wastewater) Related Capital Investment Plan (CIP). The Committee recommended acceptance of the Utility Related CIP’s Report. By consent agenda, Mr. Salters moved for approval of the Committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote. PACE Global Contract Amendment #2 Mr. Ronald Lunt, Public Utilities Director, reminded members that on May 4, 2006, the City of Dover (City) entered into an Energy Management Agreement with Pace Global Asset Management, LLC (PACE) to assist the City with its energy procurement, energy sales, purchase of fuels, establishment and management of risk policies, development and management of hedging protocols, and related energy procurement challenges. On December 3, 2007, this contract was amended whereby the City converted the agreement to a five (5) year agreement, defined and monetized the early termination clause, reduced the annual fee, and capped the incentive fee. Mr. Lunt advised members that, in November of 2009, the City approached PACE to discuss a reduction in fees. Since PACE has put into place a system of operation to streamline their processes, has gained a better understanding of the agreement requirements, and understands the financial challenges related to a degradation of energy sales, PACE agreed to reevaluate the costs associated with the management of the agreement. Mr. Lunt stated that, subsequent to this conversation, the City and PACE have been negotiating amendments and have reached a tentative agreement on the following contract changes: Contract Term, Sections 2.1 and 2.2 • The Agreement will still terminate on June 30, 2011; however, PACE will submit an Extension Proposal by September 30, 2010. The City must respond to this Proposal by January 1, 2011, or the Agreement will automatically extend for an additional year. • Neither Party may terminate the Agreement for convenience prior to the expiration date. Base Fees, Section 8.1 • The monthly fee for services from July 1, 2010 through June 30, 2011 will be reduced to $141,666.67, compared to the previous rate of $166,666.67. This will result in a annual fee reduction of $300,000. • The monthly fee would also be benchmarked to the actual load and reduced by the percentage difference between these two quantities. The benchmark would be based on annual sales of 788,808 MWh; the latest City budget estimate is 738,215 MWh. If these predictions are realized, an additional annual savings of over $110,000 could result.

ANNUAL CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 9 Incentive Fees, Section 8.2 • Clarified that the “other supply costs” incentive rate will be reduced from $7.50 to $5.50. • The bonus cap will be reduced from the previous $1M to $700,000. Staff recommended that the City Manager be authorized to execute Amendment #2 to the Energy Management Agreement with Pace Global Asset Management, LLC, as presented. The Committee recommended that the City Manager be authorized to execute Amendment #2 to the Energy Management Agreement with Pace Global Asset Management, LLC, as presented. By consent agenda, Mr. Salters moved to authorize the City Manager to execute Amendment #2 to the Energy Management Agreement with Pace Global Asset Management, LLC (Exhibit #2), as recommended by the Committee. The motion was seconded by Mr. Hogan and carried by a unanimous roll call vote. Electric Service Handbook Revision - Customer Service Related Revisions (As Requested by the Committee on April 12, 2010) Mr. Anthony DePrima, City Manager, reminded members that during their meeting of April 12, 2010, staff presented revisions to the Electric Service Handbook. At that time, several members requested clarification or further documentation regarding revisions to the Handbook related to Customer Services. As a result, staff provided members responses to their concerns for their review. Mrs. Teresa Tieman, Senior City Administrator, introduced Mrs. Kathy Divver, Customer Service Manager, and Mrs. Corinne Mosher, Customer Service Supervisor, who were present to address any further concerns. Mr. Hogan reiterated his concern regarding the ability to provide electric service to individuals purchasing a property when settlement occurs late in the day. Responding, Mrs. Tieman noted that the transfer of service for a settlement can be done as soon as the purchaser has a signed agreement of sale. Referring to the pamphlets provided, Mr. Ruane suggested that all pamphlets include a revision date. He also suggested that the “Credit Information” pamphlet reference the Handbooks, both Water and Electric, for further and specific details. In addition, he noted that there is an explanation of “Your Bill” on the “Credit Information” pamphlet and that the “Customer Service” pamphlet provides an outline of the bill and suggested either that these items be inclusive or that staff assure provision of both pamphlets. Mr. Ruane also suggested that the Green Energy Adjustment be mentioned in the pamphlets. The Committee recommended acceptance of staff’s responses to the Committee’s concerns and approval of the Electric Service Handbook Revision - Customer Service Section.

ANNUAL CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 10 By consent agenda, Mr. Salters moved for acceptance of staff’s responses to the Committee’s concerns and approval of the Electric Service Handbook Revision - Customer Service Section (Exhibit #3), as recommended by the Committee. The motion was seconded by Mr. Hogan and carried by a unanimous roll call vote. PACE/NAES Monthly Report (February and March) Due to time constraints, Mr. Ruane requested that the PACE/NAES Monthly Reports for February and March be deferred until the next Committee meeting. Mr. Hogan moved for acceptance of the Utility Committee Report, seconded by Mrs. Russell and unanimously carried. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - APRIL 26, 2010 The Legislative, Finance, and Administration Committee met on April 26, 2010 with Chairman McGlumphy presiding. Review and Recommendation - Filling of Critical Positions During their meeting of February 23, 2009, members recommended approval of the Hiring Freeze for Fiscal Year 2008-2009, but to allow the hiring of critical positions through the review and approval of the Legislative, Finance, and Administration Committee and City Council. It was suggested that there be a “standing” agenda item to consider the filling of critical positions and, if there are no positions to consider, the item could be removed. Three (3) Police Officers Members considered a permission to recruit three (3) police officers. Chief Hosfelt reviewed the request and reminded members that the Police Department’s authorized strength is 91 officers. He explained that it is essential for the Department to maintain personnel to provide all levels of safety for the citizens of Dover. Due to three (3) recent retirements, the number of officers has dropped to 87; therefore, the Department is currently recruiting to hire certified officers. Chief Hosfelt stated that, if a certified officer is hired, the Department and the City would immediately reap the benefit, as attendance at the Police Academy would not be required and there would be no training costs. Chief Hosfelt stated that one (1) of the retirees, Cpl. Marc Gray, will remain on payroll until July 15, 2010, and requested that Committee members authorize the replacement of the officer on that date. He also advised members that these positions must be filled in order to remain compliant with the staffing provisions of the Community Oriented Policing Service (COPS) Grant, which City Council accepted on September 14, 2009. Failure to replace these officers would put the Department and the City in violation of the COPS Grant requirements for the current budget year. Responding to Mr. McGlumphy, Mr. DePrima advised members that, traditionally, recruitment requests are not submitted for consideration until after the current employee has fully retired. He recommended authorizing two (2) positions to be filled at this time and that the remaining vacancy be brought back for consideration once the employee has fully retired.

ANNUAL CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 11 The Committee recommended that staff be granted permission to recruit for two (2) Police Officers and that the remaining vacancy be brought back for consideration when appropriate. By consent agenda, Mr. Salters moved for approval of the Committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote. Presentation - Comprehensive Annual Financial Report - Fiscal Year Ended June 30, 2009 (Continuation of April 12, 2010 Presentation at the Request of Staff) During their meeting of April 12, 2010, members were provided a Presentation of the Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 2009 and acceptance of the CAFR was recommended. Mrs. Donna Mitchell, Controller/Treasurer, reminded members that, due to time constraints on April 12, 2010, the review of the CAFR was conducted quickly, and she requested the opportunity to review Pages 10 and 11 of the presentation (attachment to Committee minutes), relative to the Pension and Other Post-Employment Benefit (OPEB) Trust Funds. Mrs. Mitchell reviewed the details provided on Page 10 titled “FY 11 - Transfer to Pension Trust” and the 2009 column “Contributions & Non-Investment Receipts” in the amount of $2.8M, which represents the City’s normal costs (4.15%) plus approximately 23% for unfunded liability. She advised members that the amount that will be shown as a transfer, previously mentioned, is the unfunded liability portion. Mrs. Mitchell explained that the benefits will only show the 4.15% normal costs, and the unfunded liability will be handled as a transfer from the three (3) major funds to the Pension Trust Fund and will no longer be embedded in the pension costs. She advised members that this change will be reflected in the upcoming FY 2011 Budget. Mrs. Mitchell further reviewed the details provided on Page 10 titled “Net OPEB Obligation at June 30, 2008” and noted that there is a $0 beginning balance, since the new Government Accounting Standards Board (GASB) accounting standard was not required to be implemented until June 30, 2009. The annual required contribution is $6.2M, of which $4M is General Fund and approximately $2.2M is Water/Wastewater and Electric Utilities. She advised members that the employer contribution, in the amount of $6,177,146, consists of $4,135,000 of prior year contributions since 2006, when City Council began setting aside annual appropriations. Since this is the first year for implementing this standard, the City has to show all contributions as if they were made in 2009. She stated that the $499,000 represents 2½% of payroll and shows how far the City is from the $6.2M necessary. Mrs. Mitchell indicated that the $1.5M pay-as-you-go for retirees health insurance and Medicaid premiums comes off of the $6.2M each year, which results in a $4.6M net amount due. On a fund basis, the required annual contribution based on the current actuarial analysis is $3.1M for the General Fund, $415,000 for the Water/Wastewater Fund, and $1.2M for the Electric Fund. Mrs. Mitchell advised members that retiree health care and Medicare Part B premiums will be paid out of the Trust Fund and that the City’s appropriation for retiree health care will be transferred to the Trust Fund. She stated that the difference between actuarial assumptions on each valuation date and actual results will either increase or decrease the net OPEB asset or liability. The cumulative

ANNUAL CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 12 amount of all years will accrue each year and be reflected on the balance sheet. She indicated that the annual differences between the annual required contribution and actual contributions will be reflected as an expense on income statements which, for utilities, may affect the Enterprise Fund Bond covenants if revenues are not sufficient to cover these expenses. In response to Mr. McGlumphy, Mrs. Mitchell explained the importance of either assuring that the rates are sufficient to cover the costs or cutting expenses. If the Bond covenants are not met, she stated that the City’s rating would be downgraded and the City’s interest costs would increase, which would result in the City paying more for debt service. The Committee recommended acceptance of the Comprehensive Annual Financial Report (CAFR). By consent agenda, Mr. Salters moved for approval of the Committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote. Summary of Pay for Performance (PFP) Employee Meetings During the meeting of April 12, 2010, Mr. Anthony DePrima, City Manager, stated that there were no comments that required significant changes to the Pay for Performance (PFP) Policy, with the exception of the Quarterly Reviews and Pay-for-Performance. Since no further action was required regarding this matter, it was noted that the discussion would continue with the next agenda item, MAG Overview of Recommendations. Referring to the Presentation of the Summary of Pay for Performance (PFP) Employee Meetings provided to members during their meeting of March 22, 2010, Mr. DePrima noted that, with the exception of the first bullet, the remainder of the items relate to the compensation plan. It was his hope that members would move forward with the actual policy before the Committee and that staff would come back to discuss the compensation plan. Responding to Mr. McGlumphy regarding the organizational level in the classification system, Mr. DePrima reiterated that the email presented by Ms. Carolyn Long, MAG Consultant, provides an explanation of how the organizational level is utilized to conduct a final reconciliation of the pay scales recommended with the scores. He advised that eliminating the organizational level would prove detrimental. Mr. DePrima again suggested that, rather than eliminating the organizational score provided for upper management, MAG could have suggested that all positions have an organizational level score. Mr. McGlumphy reminded members that they were previously provided information regarding compensation for administrative staff and indicated that further discussion on this topic would take place during the budget hearings. He noted that there was some discussion regarding the establishment of a Council Oversight Compensation Committee. Currently, he noted that this “oversight” is conducted by the Human Resources Director. Responding, Mr. DePrima explained that the “oversight” conducted by the HR Director includes reviewing all 80 evaluations to assure the goals are properly written as Specific, Measurable, Attainable, Realistic, and Target Date (SMART). The other part of the oversight is to assure that the scores are aligned with the explanation of the score. He stated that staff was not suggesting that there is a need for a Council

ANNUAL CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 13 Oversight Compensation Committee and that the Legislative, Finance, and Administration Committee, and ultimately City Council, have always been considered the Oversight Compensation Committee in this regard. In response to Dr. Jones, Mr. DePrima felt that the majority of department heads are satisfied with the review and comments by the Human Resources Director regarding evaluations. It was his opinion that there will be fewer concerns as department heads learn to write SMART goals. Responding, Council President Williams indicated that this was not the impression received during the interview of employees. She stated that, although only three (3) individuals were mentioned as having concerns, these individuals were serving as spokespersons. Mr. DePrima assured members that there is an appeals process related to evaluations and that there have been very few appeals during the past several years. The Committee recommended acceptance of the Report. By consent agenda, Mr. Salters moved for approval of the Committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote. FY 2011 Five-Year Capital Investment Plan (CIP) (Deferred by Committee on April 12, 2010 Due to Time Constraints) Members were provided the FY 2011 Five-Year Capital Investment Plan (CIP). The Committee recommended acceptance of the CIP’s Report as presented. Responding to Mr. Ruane, Mr. McGlumphy stated that members will have the opportunity to further consider the projects during the budget review. By consent agenda, Mr. Salters moved for approval of the Committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote. Draft Proposed Policy - Problem Rental Dwellings Mrs. Ann Marie Townshend, Director of Planning and Community Development, reminded members that on December 14, 2009, Council adopted Ordinance #2009-26, which established a fee for re-inspection of rental dwellings. At that time, staff was requested to bring forward an ordinance to address problem rental properties. Mrs. Townshend reminded members that Ordinance #2009-26 included an expansion of the City’s ability to suspend a rental permit when there are Code violations. She explained that staff felt that the request to address problem rental properties could be addressed through a policy that utilizes the suspension. Rather than a proposed ordinance, staff developed a Rental Dwelling Suspension Procedure, which was reviewed by Mrs. Townshend. Staff recommended approval of the Rental Dwelling Suspension Procedure.

ANNUAL CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 14 Responding to Mr. Ruane, Mrs. Townshend indicated that there has been no comparison of this procedure with the Landlord Tenant Code regarding the time allowed for a renter to find another location. Mr. Ruane suggested that staff ensure that the procedure is not in conflict with the Landlord Tenant Code. In response to Mr. Ruane, Mrs. Townshend indicated that the City is unable to prevent a landlord from advertising the sale or rental of a property that may be in violation of City Code. She explained that it may be beneficial for a property that is in violation to be sold. Although sellers are required to disclose any defects with a property, the City is not involved with that process. The Committee recommended approval of the Rental Dwelling Suspension Procedure, as presented by staff. By consent agenda, Mr. Salters moved for approval of the Rental Dwelling Suspension Procedure (Exhibit #4), as recommended by the Committee. The motion was seconded by Mr. Hogan and carried by a unanimous roll call vote. By consent agenda, Mr. Salters moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Hogan and carried by a unanimous roll call vote. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - APRIL 28, 2010 The Safety Advisory and Transportation Committee met on April 28, 2010 with Chairman Slavin presiding. Request for Amendment to Chapter 18 - Animals, Section 18-16 - Keeping Bees During their meeting of January 27, 2010, members considered a letter received from Mr. Bill Benton requesting an amendment to Chapter 18 - Animals, Section 18-16 - Keeping Bees. After much discussion, the Committee indicated a willingness to consider a draft proposed amendment provided by the beekeeping community. Members were provided a draft proposed ordinance amendment (attachment to Committee minutes), submitted by Mr. Bill Benton; Mr. Robert Volkomer, Vice President of the Kent County Beekeepers Association; and Mr. Robert Mitchell, State Apiarist, Delaware Department of Agriculture. Mr. Volkomer advised members that the draft proposed amendment was mimicked from a document adopted for Louisiana. With reference to the legal opinion received from the City Solicitor’s Office (attachment to Committee minutes), he stated that it was understood that additional revisions would be required and requested that the City provide the correct Code format as well. Referring to the concerns regarding the definitions included in the draft proposed amendment, Mr. Volkomer suggested the possibility of eliminating the definitions and inserting a statement that “all equipment must be in compliance with the laws of the State of Delaware, Department of Agriculture”.

ANNUAL CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 15 Responding to Mr. Hogan’s inquiry regarding colony densities, Mr. Mitchell suggested that, rather than providing a specific number of colonies for various amounts of land (Items #1-#4), the number of colonies allowed could be limited to a maximum of ten (10). Mr. Ruane relayed concern with the last sentence under “Fencing of Flyways”. Responding, Mr. Volkomer reiterated that the draft proposed amendment mimicked an example found on the Internet and that modifications would be necessary. Mr. Hogan suggested that the draft proposed amendment be amended to address the Committee’s comments and the information contained in the legal opinion submitted by the City Solicitor’s office. He noted that the City Clerk’s Office could assist in drafting the amendment. Mr. DePrima suggested that the proposed amendment refer to the “Animal Control Officer” rather than the “Department of Inspections”. Referring to the Compliance Section, he noted that the Animal Control Ordinance already provides for a hearing and enforcement procedure, so there is no need for it to also be included in the proposed amendment. He requested that this information be considered in the rewriting of the draft proposed ordinance amendment. The Committee recommended that the beekeeping community work with the City Clerk’s Office to rewrite the draft proposed ordinance amendment in a format that meets City requirements, addresses the comments made by the Committee, and incorporates suggestions provided in the legal opinion from the City Solicitor’s Office. By consent agenda, Mr. Salters moved for approval of the Committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote. Discussion - Potential Regulations on Businesses that Serve Alcohol (Committee Referred to Staff for Drafting of Ordinances on January 27, 2010) During their meeting of January 27, 2010 members were advised that, over the last year, downtown Dover has experienced an increase in problems associated with crowds during late hours when bars close. Problems have included nuisance complaints such as public urination, loitering, and vandalism, and more serious complaints such as fights involving weapons. After much discussion, the Committee recommended that staff be authorized to begin the process of drafting ordinances to address the concerns of the community. (The Committee’s recommendation was approved by Council during their Regular Meeting of February 22, 2010.) Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members that there has been much discussion regarding how other cities address the issue. Prior to the development of a proposed ordinance, staff requested feedback regarding the following proposed provisions: 1. Establish a business license category for establishments that serve alcohol. A fee would be established that is in line with fees of similar license categories.

ANNUAL CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 16 2. Establish provisions within the Business License Chapter of the Dover Code (Chapter 26) that would apply to establishments that serve alcohol. An example would include that a table layout would be submitted as part of the licensing requirement. Altering the table configuration would be a Code violation that may result in enforcement action. 3. Modify the Alcoholic Beverages Chapter (Chapter 10) to include a number of provisions that would give the police leverage in addressing businesses that do not effectively control the use of alcohol on their premises. For example: a. Restaurants serving alcohol must serve food during all hours that alcohol is served. b. Where an establishment serves alcohol, all alcohol must be consumed on the premises, and establishments shall be responsible for ensuring adherence. Mrs. Townshend assured members that, once feedback is obtained from members, staff will work with the Economic Development Office to further discuss this matter with the City’s business community. Mr. Ruane relayed his unreadiness to support the provisions, due to the discussions being relative to “inside” activities, and he cautioned members not to duplicate the functions of the State Alcoholic Beverage Control Commission. He noted that the problems previously expressed were related to issues occurring “outside” establishments. He suggested that the City’s nuisance ordinance may address the problems and concerns that were relayed. Responding to Mr. Harmon, Mrs. Townshend stated that the Police Department has indicated that these types of provisions would provide leverage that the City does not currently have and would allow the Police the ability to fine a business that is found to be in violation of the Dover Code or, if violations are egregious, the business license could be suspended. Mr. Jason Leone, Manager of Leone’s Loockerman Exchange, advised members that when his establishment closes for the evening, bouncers guide patrons down the alley to their vehicles and remove any trash that could have been left by his customers. Referring to the concerns received from Mr. Eric Wilke, owner of Blue Hen Auction Company (Attachment #4 from the January 27, 2010 SA&T Committee Minutes), in an effort to be proactive, Mr. Leone stated that after 10:00 p.m., a bouncer is posted in front of the auction company, and no patrons are allowed to loiter on the sidewalk from State Street to the Alley. Mr. Leone stated that he felt most of the problems arising in the downtown area occur between 12:45 a.m. and 1:30 a.m. and, since additional police officers have been hired by the Downtown Dover Partnership, any problems that arise are immediately resolved. After much discussion, Mr. Hogan suggested that public meetings be held by staff with all interested parties to discuss the issues and seek resolution. The Committee recommend that staff schedule a public meeting as soon as possible to address this issue with all interested parties to seek resolution.

ANNUAL CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 17 By consent agenda, Mr. Salters moved for approval of the Committee’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote. Briefing on Delaware Department of Transportation (DelDOT) Projects - Gary Laing Mr. Gary Laing, Community Relations Officer for DelDOT and Public Relations Liaison, provided members a briefing on DelDOT Projects, as follows: West Dover Connector Mr. Laing stated that there is no further information regarding the West Dover Connector. He reminded members that the project has been at a standstill, partly due to a funding issue. South Governors Avenue Improvements Mr. Laing reported that the milling of Governors Avenue has begun and that, from the time the milling is completed, the contractor has seven (7) days to complete the paving. Water Street Railroad Crossover Mr. Laing indicated that there was no further information to report regarding the Water Street Railroad Crossover. North State Street Paving and Rehabilitation Mr. Laing indicated that the milling and paving of North State Street will begin Sunday evening at 8:00 p.m. after the Dover Days events. There should be four (4) nights of work, two (2) for milling and two (2) for paving. He stated that DelDOT agreed to notify the residents and that notices regarding the work were distributed to residents of the affected roadway and to those residents on State Street who could be impacted by noise or inconvenience. Wyoming Mill Road Project Mr. Laing advised members that a public workshop was held regarding the Wyoming Mill Road Project and that there were 46 people in attendance. He stated that many of the residents (earliest buyers) were not advised by the developer of the roadway being installed. He stated that there are some residents who are extremely unhappy with the roadway being so close to their homes. Mr. Laing assured members that DelDOT will be working with these residents to assist with noise mitigation and privacy. Referring to the drainage issue, Mr. DePrima stated that the City has agreed to the possible use and expansion of the existing pond on the Schutte Park facility. Staff is working with the engineers for this project in an attempt to assist with the situation. Briefing on Dover/Kent County Metropolitan Planning Organization (MPO) Projects - Due to the absence of Ms. Juanita Wieczoreck, no Briefing on Dover/Kent County Metropolitan Planning Organization (MPO) Projects was provided. By consent agenda, Mr. Salters moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Hogan and carried by a unanimous roll call vote.

ANNUAL CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 18 MONTHLY REPORTS - MARCH 2010 By motion of Mr. Salters, seconded by Mr. Hogan, the following monthly reports were accepted by consent agenda: Budget Report Chief of Police Report City Assessor Report City Manager's Report City Planner’s Report Dover Fire Department Report (February) COUNCIL APPOINTMENTS - 2010/2011 By consent agenda, Mr. Salters moved for approval of the Council Appointments for 2010/2011, seconded by Mr. Hogan and by a unanimous roll call vote, the following appointments were made: City Assessor - Cheryl A. Russell Building Inspector - Scott D. Koenig City Clerk - Traci A. McDowell Assistant City Clerk - Amber L. Clendaniel Controller/Treasurer - Donna S. Mitchell Assistant Treasurers - Traci A. McDowell - Amber L. Clendaniel Fire Marshal - David J. Truax City Planner - Ann Marie Townshend City Solicitor - Nicholas H. Rodriguez Deputy City Solicitor - William W. Pepper, Sr. COMMITTEE APPOINTMENTS - COUNCIL PRESIDENT Council President Hogan requested that all members of Council and Chairs continue to serve in their current capacity on the Council Committees and that they contact him regarding their choices for appointments. He requested that the Council President Committee appointments be deferred until the Regular Council Meeting of May 24, 2010. Mr. Hogan moved to defer the Council President Committee Appointments until May 24, 2010, seconded by Mr. Salters and unanimously carried. MISCELLANEOUS APPOINTMENTS - COUNCIL PRESIDENT Council President Hogan requested that the miscellaneous appointments be deferred until the Regular Council Meeting of May 24, 2010. Mr. Hogan moved to defer the Miscellaneous Appointments until May 24, 2010, seconded by Mr. Bonar and unanimously carried.

ANNUAL CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 19 COMMITTEE APPOINTMENTS - MAYOR By consent agenda, Mr. Salters moved for approval of the Committee Appointments for 2010/2011, as recommended by Mayor Carey. The motion was seconded by Mr. Hogan and by a unanimous roll call vote, the following appointments were made: Dover 4th of July Celebration Committee Election Board Greg Patterson, President/Vice Chairman Goldie Legates - Third (3rd ) District (5/2013) Vice-President (request appointment to replace Lillie M. Johson - Fourth (4th) District (5/2013) David L. Bonar to be deferred until 5/24/2010) Donna Mitchell, Treasurer/Secretary Property Maintenance Code Board of Appeals Elaine Brenchley Rexene Ornauer, Representative of Homeowners Scott Cole Charles Martin, Representative of Local Real Estate Brad Holden Silver Lake Commission Cheryl A. Biddle Andrea Maucher James Burcham Karen Nickerson Zachery Carter Carleton E. Carey, Sr., Chairman (ex-officio member) David L. Edgell Robert Gorkin Dover Public Library Advisory Commission Dean Holden Councilman Eugene B. Ruane Nancy H. Wagner Downtown Dover Partnership Steering Committee Councilman Sophia R. Russell Councilman Reuben Salters Councilman David L. Bonar Anthony DePrima, City Manager Ann Marie Townshend, City Planner Laura Simmons, State of Delaware Representatives Downtown Retailer (Request appointment to replace Thomas Smith to be deferred until 5/24/2010 - Three Year Term (Expires 5/2013) Michael Harrington - Real Estate Professional Whose Practice Includes Downtown Area - Three Year Term (Expires 5/2013) Joseph McDaniel - Financial Services Professional Whose Practice Includes Downtown Area - Three Year Term (Expires 5/2013) FINAL READING - PROPOSED ORDINANCES The First Reading of the following proposed ordinances was accomplished during the Council Meeting of April 26, 2010. #2010-14 - FY 2010 Budget Amendments Mrs. Williams moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Hogan and unanimously carried.

ANNUAL CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 20 Mr. Hogan moved for adoption of Ordinance #2010-14 - FY2010 Budget Amendments (Exhibit #5), seconded by Mr. Salters and carried by a unanimous roll call vote. #2010-02 - Adoption of 2009 ICC (Building) Codes Mr. Leary moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Hogan and unanimously carried. Mr. Hogan moved for adoption of Ordinance #2010-02 - Adoption of 2009 ICC (Building) Codes (Exhibit #6), seconded by Mr. Leary and carried by a unanimous roll call vote: COUNCIL MEMBERS ANNOUNCEMENTS Mr. McGiffin reminded members to mark their calendars for June 26, 2010 for the next African American Festival. Mr. McGiffin noted the importance of the City Clerk’s Office to members of Council and that Mrs. Becky Rollison, who has served in the City Clerk’s Office, has accepted a position with the Dover Fire Department. As a result, he stated that Mrs. Rollison will be sorely missed and wished her well in her new position and future endeavors. Mr. McGlumphy also wished Mrs. Rollison all the best in her new position with the Dover Fire Department. On behalf of the Youth Advisory Committee, Mrs. Russell thanked all those who contributed clothing for distribution throughout the City. This was the first such activity for the Committee and a substantial amount of clothing was received for donation to Good Will Industries. Mrs. Russell requested that members of Council, staff, and the public continue to support the Youth Advisory Committee and welcomed any suggestions. She also thanked the residents of the Fourth District for re-electing her to continue to serve them as their City Council representative. Mr. Salters thanked Mrs. Williams for serving as Council President for the past year. Mr. Leary moved for adjournment, seconded by Mrs. Russell and unanimously carried. Meeting Adjourned at 9:07 P.M. TRACI A. McDOWELL CITY CLERK

ANNUAL CITY COUNCIL MEETING OF MAY 10, 2010 PAGE 21 All orders, ordinances, and resolutions adopted by City Council during their Annual Meeting of May 10, 2010, are hereby approved. CARLETON E. CAREY, SR. MAYOR /TM/jg/js/rr/ac S:\AGENDAS & MINUTES\Council-Minutes\2010\05-10-2010 Annual Council.wpd Exhibits Exhibit #1 - State of the City Message Exhibit #2 - Amendment #2 to the Energy Management Agreement with Pace Global Asset Management, LLC Exhibit #3 - Electric Service Handbook Revision - Customer Service Section Exhibit #4 - Rental Dwelling Suspension Procedure Exhibit #5 - Ordinance #2010-14 - FY2010 Budget Amendments Exhibit #6 - Ordinance #2010-02 - Adoption of 2009 ICC (Building) Codes

EXHIBIT #1 Annual Council Meeting of 05/10/2010 Carleton E Carey, Sr. Mayor EXHIBIT #1 Annual Council Meeting of 05/10/2010

The City of Dover is a place where people want to live! Through the team effort of its elected officials, employees, and citizens, Dover is a clean and safe community with a future of balanced growth and opportunity where all citizens are heard, enjoy a high quality of life, and diversity is valued.

Draft Budget Figures: $146.6 Million 6.81% decrease from 2009-10 Fiscal Year

Taxable Property Values Beginning Fiscal VALUE: $2,899,061,120 Year 2010 % of change: (July 1, 2009) increase of 3.2567% from last year Please note: Value Change: This does not include $91, 434,105 Senior Citizen or Disability Discount (Value change is the increase in value from last year)

Public Utilities Improved Electric Service
Completed the 69Kv Feeders 3 & 4 project which doubled the capacity of our transmission system and increased system reliability.
Completed the Saint Jones Substation which eliminated the need for the 22KV sub transmission and increased system reliability for the downtown area.
Continuing to replace aging underground lines throughout the City. Completed Kent Acres, Schoolview and currently working in Buchanan Acres.

Public Utilities Improved Electric Service
Successfully installed pollution control equipment at the power plant to improve Dover’s air quality.
Replacing air monitoring equipment to ensure regulatory compliance.
In the coming year our Mid-City Substation will be modified to dramatically improve the electric reliability of the southern end of the City as well as incorporating environmental improvements.

Water System Upgrades * Completed the installation of all deep well contact time chambers which will help mitigate brown water issues. * Installed 1.8 miles of new water main in FY ‘09/’10 which will help mitigate brown water issues. Will start the installation of an additional 2.7 miles of new water main. New water main installations are planned every year. * Continue system-wide flushing as part of the Water Quality Improvement Program. * Redeveloped a deep well site to improve capacity and reliability.

*Completed the upgrade of one (1) aging and overloaded pumping station with two (2) more to be completed this year. Replacement of one (1) other station is to occur next year. *Started the installation of the U.S. Route 13 sanitary sewer interceptor which will facilitate the removal of an obsolete pump station. *Starting the rerouting of one (1) force main to better utilize the system. Rerouting or upgrades to two (2) other force mains are to occur next year. *Will start a repair/replacement project to address the inflow/infiltration of groundwater into the sanitary sewer system.

960 emergency responses last year
1120 hours of firefighter training provided which entailed 45 different training courses
National Incident Management System (NIMS) training for Fire Dispatchers and department officers.
3,000+ children participated in fire safety programs
300 smoke detectors given to City residents during WAKE UP DELAWARE smoke detector program

* In 2009, 200 men and women volunteered approximately 27,000 hours of time to help make Dover safe. * Members started training for National Pro-Board Firefighter I & II Department currently maintains and operates: 5 Engines, 2 Ladders, 1 Heavy Rescue, A Brush Unit, A Foam Unit, A Rescue Boat, A Utility, and 2 Command Vehicles Continue to provide superior fire and rescue services to the greater Dover area!

Total Complaints Five Year Comparison 40,000 30,133 30,482 29,632 29,413 28,440 30,000 20,000 10,000 0 2005 2006 2007 2008 2009

Violent Crime Five Year Comparison 400 331 340 331 316 300 244 261 255 250 243 181 200 TOTAL CLEARED 100 0 2005 2006 2007 2008 2009

Actual Drug Arrests Drugs, Vice, & Organized Crime Section 2,000 1,732 1,732 1,593 1,595 1,687 1,000 0 2005 2006 2007 2008 2009

Criminal Investigations Unit The Dover Police Criminal Investigation Section is tasked with the responsibility to investigate the most serious crimes that occur within the City of Dover. This section also conducts financial and identity theft investigations. In addition to these duties they are called upon to perform background investigations on all civilian and police applicants who are being considered for employment. In 2009, the seven detectives assigned to this section investigated a total of 1,973 complaints and cleared 1,811. The detectives solved over 75% of the robberies, 49% of the burglaries and nearly 96 % of the rapes. The Detective Section cleared 92% of all cases that they investigated. These clearance rates are significantly higher than the national average. This speaks volumes for their investigative abilities. In 2009, Detective Jeffrey Melvin and Detective Lawrence Simpkiss attended the premier evidence collection school in the United States, the National Forensic Academy. These two Detectives graduated in November and are two of three graduates of the National Forensic Academy that currently work in the State of Delaware.

Quality of Life Neighborhood Enforcement Team The Quality of Life Neighborhood Enforcement Team (QOLNET) had several categories where new highs were attained; Local Fugitives, Traffic arrests, and the total number from all categories was a new high. QOLNET has maintained a high active presence in the downtown area and has significantly reduced the complaints of loud music from vehicles, loitering, open alcohol containers, and panhandling from Loockerman St. QOLNET made numerous arrests for Quality of Life crimes this calendar year. They made 102 Alcohol Violation arrests, 54 Loud Music arrests, 12 City Park Violation arrests, 7 panhandling arrests and towed 30 Abandoned Vehicles. They also made an additional 277 criminal arrests, 357 drug arrests, 1,157 traffic arrests and arrested 348 fugitives. Assist with the execution of search warrants for the Drugs, Vice, & Organized Crime Section. Members of all these sections also assisted at various events throughout the year such as parades, funeral escorts, downtown events such as Old Dover Days, July 4th Events, The Dover Mile run, and the Special Olympics Torch Run. Members also help supplement the patrol shifts in answering calls for all types of service.

The Quality of Life Neighborhood Enforcement Team 4,000 3,441 3,299 3,280 QOLNET 2,768 Enforcement Action Totals 2,000 0 2006 2007 2008 2009

Sex Offenders Enforcement Section In September 2008, the Dover Police Department saw the inception of the Sex Offender Enforcement Section. Their primary duties concern the enforcement of the Sex Offender registration laws. Working in conjunction with QOLNET and the Community Policing Section, they continue to be a leader in the state with an innovative and stringent sex offender management system. TIER WRITTEN DOOR TO DOOR TOTAL REPORTS NOTIFICATIONS NOTIFICATIONS Tier 2 110 0 9,900 Tier 3 32 2,940 5,820 Totals 142 2,940 15,720 * Includes Notifications by Crimeweb.net and by email.

Silver Lake Revitalization is moving forward with preliminary plans in hand to restore the banking from the dam to the footbridge and the Washington Street stream to the footbridge areas. John W. Pitts Recreation Center hosted 100,694 guests (program & open gym participants, meeting attendees and spectators) since its opening in April 2008. This denotes a 105% increase from last year’s figures. Membership ID Cards: FREE Recreation Center ID Cards are issued to track facility usage during Open Gym Periods. The statistics listed below reflect those that have completed the registration. Open Gym Registrations Age Breakdown of Card Holders Total ID cards issued: 3,324 7-11: 66* 40-49: 256 12-19: 1,041 50-59: 179 20-29: 1,182 60-69: 131 30-39: 405 70-79: 52 * Card not required for age group. 80-up: 13

John W. Pitts Recreation Center Program Attendance Program Attendance** FYTD 10 Total 42,640 Open Gym 7,681 Fitness Classes 4,481 Leagues 21,665 Camps 680 Sports Classes 3,110 Meetings & Rentals 4,855 ** Program Attendance figures includes participants, parents and spectators in the facility.

John W. Pitts Recreation Center Hourly Usage Facility Usage By FYTD 10 The Hour Open Gym 3,784.75 Fitness Classes 361 Leagues 412 Camps 117.5 Sports Classes 247.75 Meetings & Rentals 172.5 Enrichment Classes 59 Total Facility Usage 5,145.5 Hours

*Site Testing complete *Schematic Design Phase complete *Design & Development Phase complete *Historic District review complete *Site Plan review complete *Construction Documents begun

•Ease of access •Clearly visible to downtown visitors •Close to other City facilities •Adequate parking •Centrally located •City owned •Room for future expansion •Contributes to downtown revitalization

37,587 Library Card Holders 395,217 visitors – 1,098 per day 428,633 items were loaned 348 programs were offered 10,129 people attended programs 21 computers available to the public Services to the public 68 hours a week, 7 days a week

Capital Campaign Launch Campaign Leadership: Donna Stone Chairperson First Lady Carla Markell Honorary Chairperson Terri Nellans Brown Medical Committee Chairperson Dr. Ralph Zaragoza Honorary Chairperson Mayor Carleton E. Carey, Sr. Honorary Chairperson Business Committee K.C. Sheth Business Committee Michelle Saunders, Chairperson Events Committee

•Accredited as one of Delaware’s eight (8) nationally recognized Main Street programs •1596 Volunteer Hours for an investment valued at $32,319 (Independent Sector values volunteer hours @ $20.25/hr) •Six new businesses opened in Downtown District creating 15 positions Dollars invested in downtown improvements •Façade Improvements - $87,350 •Building Renovations - $2,620,000 •DDP committed $68,519 and Dover Community Partnership committed $15,000 for installation of Security Cameras

* Eleven loans facilitated through SBA Loan Guarantee program resulting in $225,000 in funding for local businesses and stabilization of 34 jobs * Received $43,790 USDA Rural Development Grant to fund a series of workshops for potential and existing business owners Downtown Promotions Committee implemented/supported Dover Days Halloween Costume Parade Festival of Lights Home for the Holidays First Night Dover First Friday Arts Circuit Spring Splendor Fashion Show

Delaware’s FIRST Solar Power Plant

*The forging of a statewide partnership for bringing green jobs and green energy to Delaware. *10 MW solar photovoltaic power plant *Connect directly into Dover distribution system *Will supply enough clean power for over 1300 homes in the community *Project construction will create 140-150 local green collar jobs *Signing ceremony will take place June 15th

EXHIBIT #2 Annual Council Meeting of 05/10/2010 SECOND AMENDMENT TO ENERGY MANAGEMENT AGREEMENT This Second Amendment to Energy Management Agreement (this “Second Amendment”), dated and made effective as of March 25, 2010, is entered into by and between the City of Dover, Delaware, a municipal corporation of the State of Delaware (“Dover”), and Pace Global Asset Management, LLC, a Virginia limited liability company (“Energy Manager”). Dover and Energy Manager are sometimes referred to herein, individually, as "Party" and, collectively, as "Parties." All capitalized terms which are not defined herein shall possess the meanings allocated to them in the Agreement. W H E R E A S: WHEREAS, Dover and Energy Manager entered into that certain Energy Management Agreement, dated as of May 4, 2006, as amended by that certain First Amendment to Energy Management Agreement, dated as of November 20, 2007 (collectively, the “Agreement”), which the Parties now desire to amend further pursuant to the terms and conditions set forth in this Second Amendment. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Second Amendment, and intending to be legally bound hereby, the Parties agree as follows: 1. Section 2.1 of the Agreement is deleted in its entirety and replaced with the following: “Section 2.1 Term. This Agreement is effective beginning May 4, 2006 (the “Effective Date”) and continues through June 30, 2011 (the “Expiration Date”). The period beginning on the Effective Date and ending on the Expiration Date is the “Initial Term”. No later than September 30, 2010, Energy Manager shall submit to Dover a proposal (the “Extension Proposal”) for services, associated compensation structure and extension of the term of this Agreement (any such term extension hereinafter referred to as the “Extended Term”) for consideration by Dover which Extension Proposal’s proposed compensation structure shall be no greater than amounts established in the respective sections of this Second Amendment for the Initial Term. Dover shall respond to the Extension Proposal no later than January 1, 2011. Should Dover fail to respond by such due date, the Agreement will renew automatically for an initial one (1) year Extended Term pursuant to the terms proposed by Energy Manager in the Extension Proposal. If Dover responds by such due date, and in its response, Dover does not accept the Extension Proposal, the term of this Agreement shall expire on the Expiration Date. 2. Section 2.2 of the Agreement is deleted in its entirety and replaced with the following: “Section 2.2 Early Termination. Neither Party may terminate this Agreement for convenience prior to the Expiration Date.” 1

3. Section 8.1 of the Agreement is deleted in its entirety and replaced with the following: “Section 8.1 Monthly Payment. For work performed as set forth in Articles 4, 5 and 6 hereof, Dover shall pay the Energy Manager the following fees during the Initial Term of this Agreement: (a) From the Effective Date through June 30, 2007, One Hundred Eighty-One Thousand Two Hundred Fifty Dollars ($181,250.00) per month; (b) during the period July 1, 2007 through June 30, 2010, One Hundred Sixty-Six Thousand Six Hundred Sixty-Six Dollars and Sixty-Seven Cents ($166,666.67) per month; and (c) during the period July 1, 2010 through June 30, 2011, One Hundred Forty-One Thousand Six Hundred Sixty-Six Dollars and Sixty-Seven Cents ($141,666.67) per month; provided, however, that should the Project’s actual load for the July 1, 2010 through June 30, 2011 period total less than the annual load benchmark of 788,808 MWh, Energy Manager will reduce the monthly fee for the July 1, 2010 through June 30, 2011 period by the percentage load loss from the 788,808 MWh benchmark load figure to the actual load figure for such time period. Once the actual load figure is known, Energy Manager will make any appropriate adjustments to the next monthly bill.” 4. In Section 8.2(a) of the Agreement: (a) in the first sentence, the words “and first Extended Term” shall be deleted; and (b) in subsection (ii), the value of “$7.50” shall be replaced by the value of “$5.50.” 5. In Section 8.2(b) of the Agreement, the value of “One Million Dollars ($1,000,000.00)” shall be replaced by the value of “Seven Hundred Thousand Dollars ($700,000.00).” Except as specifically amended or waived by this Second Amendment, all of the terms and conditions of the Agreement shall remain in full force and effect. If there is a conflict between the terms and conditions set forth in this Second Amendment and the terms and conditions set forth in the Agreement, the terms and conditions set forth in this Second Amendment shall control. 2

IN WITNESS WHEREOF, each of the Parties has caused this Second Amendment to be executed by its duly authorized officer as of the date first written above. CITY OF DOVER, DELAWARE PACE GLOBAL ASSET MANAGEMENT, LLC By: By: Name: Name: Title: Title: Date: Date: 3

EXHIBIT #3 Annual Council Meeting of 05/10/2010

EXHIBIT #4 Annual Council Meeting of 05/10/2010

EXHIBIT #5 Annual Council Meeting of 05/10/2010 FINAL READING CITY OF DOVER PROPOSED ORDINANCE #2010-14 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amounts hereinafternamed in various City funds are changes from the currently approved revenues/receipts and appropriations to the revised revenues/receipts and revised appropriations for use by the various departments of the Municipal Government for: 2009-2010 BUDGET ORDINANCES GENERAL FUND CASH RECEIPTS AND BUDGET FOR 2009-2010 INFO ONLY ADJUSTED REVISED 2009-10 2009-10 BUDGET BUDGET RECEIPTS PRIOR YEAR BALANCE $ 3,628,890 $ 3,628,890 FINES AND POLICE REVENUE 620,000 520,000 911 FEE 45,000 45,000 INVESTMENT INCOME 253,000 253,000 LIBRARY REVENUES 66,508 66,508 KENT COUNTY BOOK REIMBURSEMENT 460,000 460,000 BUSINESS LICENSES 1,430,000 1,450,000 PERMITS AND OTHER LICENSES 904,000 919,000 DEMOLITION REVENUE - - MISCELLANEOUS CHARGES 54,250 54,250 POLICE EXTRA DUTY 300,000 300,000 PROPERTY TAXES 10,185,246 10,155,246 BID REVENUE 52,692 52,692 RECREATION REVENUE 141,500 141,500 FRANCHISE FEE 486,000 486,000 TRASH FEES 1,260,000 1,260,000 DSWA TRASH FEE REBATE 160,000 160,000 RENT REVENUE - GARRISON FARM 41,535 41,535 COURT OF CHANCERY FEES 745,000 645,000 INTERNET REVENUE - - CURBSIDE RECYCLING - - RECEIPTS SUBTOTAL 20,833,621 20,638,621 INTERFUND SERVICE RECEIPTS INTRAFUND SERVICE RECEIPTS WATER/WASTEWATER 991,830 968,999 INTRAFUND SERVICE RECEIPTS ELECTRIC 3,483,884 3,379,975 INTERFUND SERVICE RECEIPTS SUBTOTAL 4,475,714 4,348,974 GRANTS: POLICE RELATED 40,000 80,000 STATE GRANT - TRAIL MAINTENANCE - - CAPITAL SCHOOL DISTRICT REVENUE 74,000 74,000 POLICE PENSION GRANT 620,000 620,000 RECREATION GRANTS - - INSURANCE AGENCY FIRE SAFETY GRANT - - MISC GRANT REVENUE - - HOMELAND SECURITY GRANT - - SALE OF ASSETS - - GRANTS SUBTOTAL 734,000 774,000

2009-2010 BUDGET ORDINANCES GENERAL FUND - CONTINUED INFO ONLY ADJUSTED REVISED 2009-10 2009-10 BUDGET BUDGET TRANSFERS FROM: TRANSFER TAX 1,400,000 900,000 MUNICIPAL STREET AID - - CIVIL TRAFFIC PENALTIES 700,000 700,000 WATER/WASTEWATER 548,020 548,020 ELECTRIC 6,758,100 6,758,100 PARKLAND RESERVE - - LIBRARY RESERVE - - CAPITAL ASSET RESERVE - - WORKER'S COMP FUND - - CONTINGENCY - 350,000 TRANSFERS FROM TOTAL 9,406,120 9,256,120 RECEIPTS TOTAL $ 35,449,455 $ 35,017,715 EXPENSES CITY CLERK $ 290,580 $ 278,229 COUNCIL 112,684 113,934 TAX ASSESSOR 572,526 565,924 FIRE 750,445 718,058 GROUNDS MAINTENANCE 1,119,611 1,104,457 LIBRARY 1,148,716 1,128,481 RECREATION 757,467 754,140 LIFE SAFETY 422,029 508,320 CODE INFORCEMENT 378,092 366,082 PLANNING 409,335 400,895 INSPECTIONS 517,316 509,371 ECONOMIC DEVELOPMENT 243,854 223,350 POLICE 11,769,685 12,180,683 POLICE EXTRA DUTY 449,516 449,516 STREETS 857,422 895,084 SANITATION 2,200,285 2,078,770 CITY MANAGER 553,130 566,474 INFORMATION TECHNOLOGY 883,075 797,071 FINANCE 781,791 781,791 PUBLIC SERVICES - ADMINISTRATION 355,159 354,640 FACILITIES MANAGEMENT 1,042,498 996,515 CENTRAL SERVICES 778,095 714,165 FLEET MAINTENANCE 699,676 712,645 CUSTOMER SERVICES 893,054 889,919 HUMAN RESOURCES 455,960 430,037 MAYOR 69,899 70,699 EXPENSES TOTAL 28,511,900 28,589,250 OTHER EXPENSES DEBT SERVICE 328,410 328,410 TRANSFER TO CONTINGENCY - - DSWA RECYCLING PROGRAM - - INSURANCE 600,000 600,000 RETIREES HEALTH CARE 1,014,820 1,014,820 RETIREES PAYMENTS - - UNCOLLECTIBLES - TRASH AND OTHER 10,000 10,000 LOSS ON SALE OF ASSET - 42,993 STORM EMERGENCY - 350,000 STREET LIGHTS 985,000 985,000 OTHER EXPENSES TOTAL 2,938,230 3,331,223

2009-2010 BUDGET ORDINANCES GENERAL FUND - CONTINUED INFO ONLY ADJUSTED REVISED 2009-10 2009-10 BUDGET BUDGET GRANTS IT EMERGENCY PREPAREDNESS PLAN - - GRANTS TOTAL - - TRANSFERS TRANSFER TO OPEB - - TRANSFER TO PENSION UNFUNDED LIABILITY - - TRANSFER TO PENSION COLA - - TRANSFER TO POLICE PENSION FUND 620,000 620,000 TRANSFER TO CAPITAL ASSET RESERVE - - TRANSFER TO CAPITAL FUND - PROJECTS 344,802 44,802 TRANSFER TO CAPITAL FUND - RESERVE - - TRANSFER TO STREET PROGRAM - - TRANSFER TO PARKLAND/RECREATION RESERVE - - TRANSFER TO LIBRARY RESERVE - - TRANSFER TO CDBG FUND 11,000 11,000 TRANSFER TO VERIZON RESERVE - - INVENTORY WRITE OFFS - - TRANSFERS TOTAL 975,802 675,802 - CURRENT YEAR BALANCE 3,023,523 2,421,440 TOTALS $ 35,449,455 $ 35,017,715

2009-2010 BUDGET ORDINANCES GENERAL CONTIGENCY FUND CASH RECEIPTS AND EXPENDITURES FOR FISCAL 2009-2010 INFO ONLY ADJUSTED REVISED 2009-10 2009-10 BUDGET BUDGET CASH RECEIPTS BEGINNING BALANCE $ 744,871 $ 744,871 INTEREST EARNINGS - - TRANSFER FROM GENERAL FUND - - TOTALS 744,871 744,871 EXPENDITURES TRANSFER TO GENERAL FUND - 350,000 TRANSFER TO OPEB - - TRANSFER TO LIBRARY FUND - - CARRY FORWARD TO NEXT YEAR 744,871 394,871 TOTALS $ 744,871 $ 744,871

2009-2010 BUDGET ORDINANCES GOVERNMENTAL CAPITAL PROJECTS FUND CASH RECEIPTS AND EXPENDITURES FOR FISCAL 2009-2010 INFO ONLY ADJUSTED REVISED 2009-10 2009-10 BUDGET BUDGET BEGINNING BALANCE - PROJECTS $ 462,693 $ 462,693 STATE GRANTS 4,180,234 4,180,234 INTEREST EARNINGS 2,700 2,700 INCOME FROM SALE OF ASSETS* - 29,200 RECREATION GRANTS - - HOMELAND SECURITY GRANTS - - LIBRARY BOND ISSUE/CONTRIBUTIONS 1,912,433 1,912,433 TRANSFER FROM GENERAL FUND FOR PROJECTS 344,802 44,802 TRANSFER FROM PARKLAND RESERVE (JWP CNTR) - 40,000 TRANSFER FROM LIBRARY RESERVE 3,180,235 3,180,235 GIFTS/DONATIONS (JWP CNTR) - - PARKLAND RESERVE RECEIPT - - TRANSFER FROM CAPITAL ASSET RESERVE - - TOTALS 10,083,097 9,852,297 DEPARTMENT EXPENSES: CITY CLERK - - COUNCIL - - TAX ASSESSOR - - FIRE 292,210 292,210 GROUNDS MAINTENANCE - - LIBRARY 9,272,902 9,272,902 RECREATION 70,000 110,000 LIFE SAFETY - - PLANNING - - INSPECTIONS - - ECONOMIC DEVELOPMENT - - POLICE 94,706 94,706 STREETS 350,000 50,000 SANITATION - - CITY MANAGER - - INFORMATION TECHNOLOGY 7,000 7,000 FINANCE - - PUBLIC SERVICES - ADMINISTRATION - - FACILITIES MANAGEMENT - - CENTRAL SERVICES - - FLEET MAINTENANCE - - CUSTOMER SERVICES - - HUMAN RESOURCES - - MAYOR - - DEPARTMENT SUBTOTAL 10,086,818 9,826,818 TRANSFERS TRANSFER TO CAPITAL ASSET RESERVE - - TRANSFER TO PARKLAND RESERVE - - TRANSFER TO LIBRARY RESERVE - - TRANSFER TO GENERAL FUND - - TRANSFER SUBTOTAL - - - CURRENT YEAR BALANCE (3,721) 25,479 TOTALS $ 10,083,097 $ 9,852,297 * Income from Sale of Assets was not listed in Latest Estimate

2009-2010 BUDGET ORDINANCES WATER/WASTEWATER FUND REVENUES AND EXPENSES FOR FISCAL 2009-2010 INFO ONLY ADJUSTED REVISED 2009-10 2009-10 REVENUE BUDGET BUDGET PRIOR YEAR BALANCE - WATER $ 659,584 $ 659,584 PRIOR YEAR BALANCE - WASTEWATER 327,614 327,614 PRIOR YEAR BALANCE - KCSA (397,473) (397,473) WATER FEES 4,499,000 4,449,000 WASTEWATER FEES 3,045,560 3,045,560 WASTEWATER ADJUSTMENT FEES 3,435,390 3,152,000 WATER TANK SPACE LEASING 293,669 293,669 SEWER IMPACT FEES 475,000 320,000 WATER IMPACT FEES 280,000 250,000 INTEREST - WATER 35,370 900 INTEREST - WASTEWATER 43,230 1,100 MISCELLANEOUS SERVICE FEE 71,000 71,000 REVENUE SUBTOTAL 12,767,944 12,172,954 EXPENSES ENGINEERING & INSPECTION 697,783 685,943 WATER CONSTRUCTION 410,338 421,040 WATER DEPARTMENT 458,333 421,268 WATER TREATMENT PLANT 1,517,663 1,519,732 WASTEWATER DEPARTMENT 988,455 879,992 METER READING 72,533 71,350 KENT COUNTY TREATMENT CHARGE 3,435,430 4,235,403 DIRECT EXPENDITURE SUBTOTAL 7,580,535 8,234,728 OTHER EXPENSES DEBT SERVICE - WATER 468,013 244,000 DEBT SERVICE - WASTEWATER 364,938 216,000 RETIREES HEALTH CARE 134,680 134,680 INTRAFUND SERVICE FEES 1,262,456 1,250,827 ARBITRAGE PAYMENT 60/40 Water - - OTHER EXPENSES SUBTOTAL 2,230,087 1,845,507 TRANSFER TO GENERAL FUND FROM WATER 231,459 231,459 GENERAL FUND FROM WASTEWATER 316,561 316,561 WATER IMP AND EXT 500,000 500,000 WASTEWATER IMP AND EXT 200,000 200,000 TRANSFER TO OPEB - - TRANSFER TO PENSION UNFUNDED LIABILITY - - TRANSFER TO PENSION COLA - - SEWER IMPACT FEE RESERVE 110,062 104,000 WATER IMPACT FEE RESERVE - - CAPITAL ASSET RESERVE WATER - - CAPITAL ASSET RESERVE WASTEWATER - - TRANSFER TO SUBTOTAL 1,358,082 1,352,020 CURRENT YEAR BALANCES CURRENT YEAR BALANCE WATER 1,133,591 1,279,754 CURRENT YEAR BALANCE WASTEWATER 863,162 941,821 CURRENT YEAR BALANCE KCSA (397,513) (1,480,876) CURRENT YEAR BALANCE SUBTOTALS 1,599,240 740,699 TOTALS $ 12,767,944 $ 12,172,954

2009-2010 BUDGET ORDINANCES ELECTRIC REVENUE FUND REVENUES AND EXPENSES FOR FISCAL 2009-2010 INFO ONLY ADJUSTED REVISED 2009-10 2009-10 BUDGET BUDGET BASE REVENUE PRIOR YEAR BALANCE $ 11,415,737 $ 11,415,737 DIRECT SALES TO CUSTOMER 99,533,042 95,830,100 PURCHASE POWER ADJUSTMENT - - UTILITY TAX 1,781,500 1,850,000 GREEN ENERGY 137,600 137,600 MISCELLANEOUS REVENUE 1,051,184 1,051,184 RENT REVENUE 186,816 186,816 DUKE CONTRACT REVENUE - - EMISSION CREDIT SALES 274,000 274,000 TRANSFER FROM RATE STABILIZATION - - INTRAFUND SERVICE RECEIPTS WATER/WASTEWATER 270,626 281,828 REIMBURSEMENT OF BOND ISSUANCE COST - - INTEREST EARNINGS 158,500 57,000 TOTALS 114,809,005 111,084,265 EXPENSES POWER SUPPLY 55,619,481 55,619,481 POWER SUPPLY MANAGEMENT 3,000,000 3,000,000 PJM CHARGES - LOAD 13,943,413 7,356,438 CAPACITY CHARGES 13,469,528 13,456,389 RATE STABILIZATION CREDIT (3,000,000) - SUB-TOTAL POWER SUPPLY 83,032,422 79,432,308 PLANT OPERATIONS 5,848,710 5,848,710 GENERATIONS FUELS 1,275,251 213,529 PJM CREDITS (1,701,066) (520,842) CAPACITY CREDITS (12,133,285) (12,135,127) GENERATION SUBTOTAL (6,710,390) (6,593,730) POWER SUPPLY & GENERATION SUBTOTAL 76,322,032 72,838,578 DIRECT EXPENDITURES TRANSMISSION/DISTRIBUTION 3,318,622 3,215,601 ELECTRICAL ENGINEERING 1,500,012 1,359,569 ADMINISTRATION 640,535 679,558 METER READING 289,103 281,614 SYSTEMS OPERATIONS 624,520 488,131 UTILITY TAX 1,781,500 1,850,000 DIRECT EXPENDITURE SUBTOTALS 8,154,292 7,874,473 OTHER EXPENSES ALLOW FOR UNCOLLECTIBLES 135,000 135,000 RETIREES HEALTH CARE 567,430 567,430 GREEN ENERGY PAYMENT TO DEMEC 137,600 137,600 INTRAFUND SERVICE FEES 3,483,884 3,379,975 INTEREST ON DEPOSITS 54,500 54,500 INVENTORY WRITE OFFS 175,000 175,000 BOND ISSUANCE COSTS - - POWER SUPPLY STUDY 497,250 457,250 DEBT SERVICE 3,956,600 3,956,600 OTHER EXPENSES SUBTOTAL 9,007,264 8,863,355

2009-2010 BUDGET ORDINANCES ELECTRIC REVENUE FUND - CONTINUED INFO ONLY ADJUSTED REVISED 2009-10 2009-10 BUDGET BUDGET TRANSFER TO IMPROVEMENT & EXTENSION $ 2,500,000 $ 2,500,000 GENERAL FUND 6,758,100 6,758,100 TRANSFER TO CONTINGENCY 83,500 83,500 TRANSFER TO PENSION UNFUNDED LIABILITY - - TRANSFER TO PENSION COLA - - RATE STABILIZATION RESERVE - - TRANSFER TO SUBTOTAL 9,341,600 9,341,600 CURRENT YEAR BALANCE 11,983,817 12,166,259 TOTALS $ 114,809,005 $ 111,084,265

2009-2010 BUDGET ORDINANCES ELECTRIC IMPROVEMENT AND EXTENSION FUND REVENUES AND EXPENSES FOR FISCAL 2009-2010 INFO ONLY ADJUSTED REVISED 2009-10 2009-10 BUDGET BUDGET REVENUES PRIOR YEAR BALANCE $ 2,625,760 $ 2,625,760 PRIOR YEAR BALANCE BOND 4,240,034 4,240,034 INTEREST EARNINGS 33,700 25,000 INTEREST TRUSTEE - - INCOME FROM SALE OF ASSETS - - ELECTRIC NEW SERVICE FEES - - RECEIPT FROM DEPRECIATION RESERVE - - RECEIPT FROM FUTURE CAPACITY RESERVE - - DEMA GRANT - - STATE REIMBURSEMENT FOR SR1 &SR9 - - STATE REIMBURSEMENT FOR GOVS AVE 710,318 710,318 STATE GRANTS 105,723 105,723 FEDERAL GRANTS 135,152 135,152 GREEN ENERGY GRANT - - BOND ISSUE 2008 - - TRANSFER FROM ELECTRIC 2,500,000 2,500,000 TOTALS 10,350,687 10,341,987 EXPENSES ELECTRIC GENERATION 1,875,290 1,875,290 TRANSMISSION AND DISTRIBUTION 1,127,147 1,127,147 ELECTRICAL ENGINEERING 5,642,167 5,642,167 ADMINISTRATION 105,723 105,723 METER READING - SYSTEMS OPERATIONS - CURRENT YEAR BALANCE 1,600,360 1,591,660 CURRENT YEAR BALANCE -BOND - - TOTALS $ 10,350,687 $ 10,341,987

2009-2010 BUDGET ORDINANCES ELECTRIC RATE STABLIZATION RESERVE FUND SOURCES AND USE OF FUNDS FOR FISCAL 2009-2010 INFO ONLY ADJUSTED REVISED 2009-10 2009-10 BUDGET BUDGET PRIOR YEAR BALANCE $ 4,652,527 $ 4,652,527 RECEIPT FROM ELECTRIC REVENUE FUND - - RECEIPT FROM ELECTRIC CONTINGENCY - - INTEREST EARNINGS 76,600 76,600 TOTALS 4,729,127 4,729,127 TRANSFER TO ELECTRIC FUND 3,000,000 - CURRENT YEAR BALANCE 1,729,127 4,729,127 TOTALS $ 4,729,127 $ 4,729,127

2009-2010 BUDGET ORDINANCES PARKLAND/RECREATION RESERVE FUND SOURCES AND USE OF FUNDS FOR FISCAL 2009-2010 INFO ONLY ADJUSTED REVISED 2009-10 2009-10 BUDGET BUDGET PRIOR YEAR BALANCE $ 218,245 $ 218,245 GENERAL FUND APPROPRIATION - - PAYMENT IN LIEU OF PARKLAND - - TRANSFER FROM LIBRARY RESERVE - - TRANSFER FROM CTF - - INTEREST INCOME - - TOTALS 218,245 218,245 TRANSFER TO GENERAL CAPITAL PROJECTS FUND - 40,000 CURRENT YEAR BALANCE 218,245 178,245 TOTALS $ 218,245 $ 218,245 ADOPTED: MAY 10, 2010

EXHIBIT #6 Annual Council Meeting of 05/10/2010 CITY OF DOVER ORDINANCE #2010-02 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 22 - Buildings and Building Regulations, Article III- Building Code, be amended to read as follows: ARTICLE III BUILDING CODE Sec. 22-61 Adopted. (a) International Building Code adopted. Certain documents, three (3) copies of which are on file in the licensing and permitting office of the city being marked and designated as “The International Building Code, 2009 Edition” as published by the International Code Council be and is hereby adopted as the Building Code of the City of Dover in the State of Delaware; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Building Code, are hereby referred to, adopted and made a part hereof as if fully set out in this section, with the additions, insertions, deletions and changes as follows: Section 101.1 Title. Insert “City of Dover, DE” in place of “[NAME OF JURISDICTION]” 105.2 Work exempt from permit. Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided that the floor area does not exceed 120 square feet. 2. Oil derricks. 3. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade and not over any basement or story below. 4. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work. 5. Temporary motion picture, television and theater stage sets and scenery. 6. Prefabricated swimming pools accessory to a Group R-3 occupancy provided that the swimming pools are not designed to retain a depth of 24” (610 mm) or more, and do not exceed 5,000 gallons (18925L) and installed entirely above ground. 7. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 8. Swings and other playground equipment accessory to a one or two-family dwelling. 9. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support of Group R-3 and U Occupancies. 10. Non-fixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches (1753 mm) in height.

Section 105.5. Expiration. Insert the following text following the word “demonstrated” at the end of the section: “and does not exceed the 3 year time limit as stated in 105.5.2.”; and insert the following subsections: 105.5.1 Time limitation of permit. A permit for any activity for which a permit is required shall be valid for 180 days from the date of issuance. One 180-day extension may be granted without additional charge to the permit holder. Additional 180-day extensions may be granted with payment of a renewal fee as specified in Appendix F: Fees and Fines. 105.5.2 Completion of construction. All construction for which a building permit is required must be completed and pass final inspection within three (3) years after issuance of the building permit. If not completed within three (3) years, a new building permit must be obtained and any associated fees paid incurred by the previous submission. SECTION 107 SUBMITTAL DOCUMENTS 107.1 Submittal documents. Insert: "Construction documents, statement of special inspections, structural observation programs and other data, for new construction, alterations, repairs, expansion, additions or modifications of buildings or structures, which involve the practice of architecture or engineering, as defined by the professional registration laws of the State of Delaware shall be prepared by a registered design professional consistent with the professional registration laws of the State of Delaware. Construction documents shall include the name, address and license or registration number of the registered design professional and shall be signed, sealed and dated by the registered design professional in accordance with the professional registration or licensing laws, statutes, regulations or administration provisions of the State of Delaware." in place of "Submittal documents consisting of construction documents, statement of special inspections, geotechnical report and other data shall be submitted in two or more sets with each permit application. The construction documents shall be prepared by a registered design professional where required by the statues of the jurisdiction in which the project is to be constructed." Section 109.3 Insert: “see Section 22-65 Fees for permits” in place of “in accordance with the schedule as established by the applicable governing authority”. New construction valuation will be confirmed using the most current ICC valuation chart information unless otherwise approved by the authority having jurisdiction. Section 113 BOARD OF APPEALS. See Chapter 22 – Buildings and Building Regulations, Article I – In General, Sec. 22-1 Construction code appeals committee. Section 114.4 Violation Penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, places, alters, repairs, a building or structure in violation of the approved construction documents or directive of the building inspector, or of a permit or certificate issued under the provisions of this code shall be charged with a violation of this code and be guilty of a misdemeanor, punishable by a fine as provided for in Appendix F--Fees and Fines, or by imprisonment thirty (30) days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. Section 114.3 Unlawful continuance. Insert: "Any person who shall continue any work after having

been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be charged with a violation of this section and shall be fined as provided for in Appendix F--Fees and Fines. Repeat offenders shall not receive warnings and shall instead be subject to progressively increasing fines as provided for in Appendix F--Fees and Fines. Each day that a violation continues shall be deemed a separate offense." in place of: "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform a violation or unsafe condition, shall be subject to penalties as prescribed by law." Section 1612.3 Establishment of flood hazard areas. Insert “Kent County” in place of, “[INSERT NAME OF JURISDICTION]” and “May 5, 2003” in place of “[INSERT DATE OF ISSUANCE]” Section 3410.2 Applicability. Insert “April 4, 1984" in place of [DATE TO BE INSERTED BY THE JURISDICTION. NOTE: IT IS RECOMMENDED THAT THIS DATE COINCIDE WITH THE EFFECTIVE DATE OF BUILDING CODES WITHIN THE JURISDICTION]. (b) International Residential Code Adopted. That certain documents, three (3) copies of which are on file in the licensing and permitting office in the city, being marked and designated as the International Residential Code 2009 edition, as published by the International Code Council, be and is hereby adopted as the code of the city for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of building, mechanical, plumbing and electrical systems in the City of Dover and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Residential Code, as referenced in the Building Code adopted in subsection(a), published by the International Code Council, on file in the office of the city are hereby referred to, adopted and made a part hereof as if fully set out in this section. The following sections of the International Residential Code are hereby revised: Section 101.1 Title. Insert “City of Dover, DE” in place of “[NAME OF JURISDICTION]” Section R105.2. Work exempt from permit, Building - 1. Insert “120” in place of “200". Delete numbers 2 through 5 in their entirety. Replace number 7 with the following: “Prefabricated swimming pools accessory to a Group R-3 occupancy provided that the swimming pools are not designed to retain a depth of 24” (610 mm) or more, and do not exceed 5,000 gallons (18925L) and installed entirely above ground. SECTION R106 CONSTRUCTION DOCUMENTS R106.1 Submittal documents. Insert: “Construction documents, statement of special inspections, structural observation programs and other data, for new construction, alterations, repairs, expansion, additions or modifications of buildings or structures, shall be submitted in 2 sets and as defined by the professional registration laws of the State of Delaware and be prepared by a registered design professional consistent with the professional registration laws of the State of Delaware. Construction documents shall include the name, address and license or registration number of the registered design professional and shall be signed, sealed and dated by the registered design professional in accordance with the professional registration or licensing laws, statutes, regulations or administration provisions of the State of Delaware.” in place of “shall be prepared by a registered design professional where required by the statues of the jurisdiction in which the project is to be constructed”. Where special conditions

exist, the building official is authorized to require additional construction documents as described here. Exception: The building official is authorized to waive the submission of construction documents and other data not required to be prepared by a registered design professional if it is found that the nature of the work applied for is such that review of construction documents is not necessary to obtain compliance with this code. SECTION R108 FEES R108.2 Schedule of permit fees. Insert “see Section 22-65 Fees for permits” in place of “in accordance with the schedule as established by the applicable governing authority”. SECTION R112 BOARD OF APPEALS See Chapter 22 – Buildings and Building Regulations, Article I – In General, Sec. 22-1 Construction code appeals committee. SECTION R113 VIOLATIONS Section 113.4 Violation Penalties. Insert "See Section 22-61 (a) Section 113.4 Violation Penalties" in place of "Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, places, alters, repairs, a building or structure in violation of the approved construction documents or directive of the building inspector, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law." SECTION R114 STOP WORK ORDER Section R114.2 Unlawful continuance. Insert: “See Section 22-61 (a) International Building Code, Section 114.3 Unlawful continuance" in place of "Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform a violation or unsafe condition, shall be subject to penalties as prescribed by law." TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Subject to D amage From W ind D esign G round Seismic W inter Ice Barrier A ir M ean D esign Frost Flood A nnual Snow d D esign U nderlayment Freezing Speed Topographic C ategory W eathering line H azards g Temperature Load f a Termite c Temp e R equired h Index i j (mph) effects k D epth b 95 gust M oderate M ay 5, 25 77 fastest NO A Severe 24” To H eavy 14º NO 450 55º 2003 Table R301.5 MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS. Insert the following at the end of footnote “c”: Calculations demonstrating compliance with the minimum live load shall be provided by a registered design professional for stairs and fire escapes that do not have additional “stringer” or “carriage” support located and equally distributed in the middle section of the stair width. SECTION R313 AUTOMATIC FIRE SPRINKLER SYSTEMS – Delete this section in its entirety. CHAPTER 4 FOUNDATIONS

SECTION R403 FOOTINGS R403.1.1 Minimum size. Insert “The minimum thickness of a footing shall be the nominal width of the wall but not less than 8 inches. The nominal width of the footings shall be twice the nominal thickness of the wall. Two story sections of a building shall have a minimum footing width of 24 inches and a minimum footing depth of 10 inches.” in place of “ Minimum sizes for concrete and masonry footings shall be as set forth in Table R403.1 and Figure R403.1(1). The footing width, W, shall be based on the load-bearing value of the soil in accordance with Table 401.4.1. Spread footings shall be at least 6 inches in thickness. Footing projections, P, shall be at least 2 inches and shall not exceed the thickness of the footing.” Insert “, but in all cases shall be a minimum of 24 inches x 24 inches x 12 inches deep.” at the end of the following sentence: “The size of footings supporting piers and columns shall be based on the tributary load and allowable soil pressure in accordance with Table 401.4.1.” R403.1.2 Continuous footings in Seismic Design Categories D1 and D2. Delete in its entirety and Insert: R403.1.2 Footing reinforcement. Footings shall be reinforced with a minimum of two #4 rebar wired together with a minimum 15” overlap; pier footings with a minimum of two #4 rebar wired together in two directions, and column footings with three #4 rebar wired together in two directions. R403.1.3 Seismic reinforcing. Delete in its entirety R403.1.4 Minimum Depth. Insert “24" in place of “12". Amend R403.1.4.1 Frost protection - Exceptions to read: 1. Frost Protection of freestanding residential accessory / utility structures with an area of 240 square feet or less and an eave height of 10 feet or less, except for pole buildings and garages, shall not be required to be frost protected. Freestanding accessory structures (sheds) between 120 sf and 240 sf shall be secured with tie-downs or equivalent manufactured home fastening devices on each corner. Structures 20 feet or more in length shall have additional anchors attached in the center of each side unless frost protection applies as stated herein. All accessory / utility structures greater than 240 square feet, all pole buildings and all garages shall have frost protection (footings). 2. Decks not supported by a dwelling shall also be provided with footings that extend below the frost line. Single story supported in part by a dwelling and with 4” x 4” posts shall have footings that are a minimum of 8 inches in diameter; with 6” x 6” posts a minimum of 12” diameter is required; the bottom of all such footings shall be a minimum of 24” below finished grade and be at least 6” deep. 3. Footings shall not bear on frozen soil unless such frozen condition is of a permanent character. (c) The ICC Performance Code for Buildings and Facilities. That certain documents, three (3) copies of which are on file in the licensing and permitting office of the city being marked and designated as “The ICC Performance Code for Buildings and Facilities 2009 Edition” as published by the International Code Council be and is hereby adopted as the Performance Code of the City of Dover in the State of Delaware; for, regulating and governing the performance- based design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of building and/or fire protection systems in the City of Dover.

(d) The International Existing Building Code. That certain documents, three (3) copies of which are on file in the licensing and permitting office of the city being marked and designated as “The International Existing Building Code 2009 Edition” as published by the International Code Council be and is hereby adopted as the Existing Building Code of the City of Dover in the State of Delaware; for, regulating and governing the repair, alteration, change of occupancy, addition and relocation of existing buildings, including historic buildings, as herein provided. (e) The International Energy Conservation Code. That certain documents, three (3) copies of which are on file in the licensing and permitting office of the city being marked and designated as “The International Energy Conservation Code 2009 Edition” as published by the International Code Council be and is hereby adopted as the Energy Conservation Code of the City of Dover in the State of Delaware; for, regulating and governing energy efficient building envelopes and installation of energy efficient mechanical, lighting and power systems as herein provided. BE IT FURTHER ORDAINED: That Chapter 22 - Buildings and Building Regulations, Article V - Mechanical Code, be amended to read as follows: ARTICLE V MECHANICAL CODE Sec. 22-141. Adopted. (a) Certain documents, three (3) copies of which are on file in the licensing and permitting office of the city, being marked and designated as the International Mechanical Code 2009 Edition, including appendix chapter "A", as referenced in the building code adopted in 22-61(a), published by the International Code Council, be and is hereby adopted as the code of the city for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems in the city and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Mechanical Code, as referenced in the building code adopted in section 22-61(a), published by the International Code Council, on file in the office of the city are hereby referred to, adopted and made a part hereof as if fully set out in this section. The following sections of the International Mechanical Code are hereby revised: Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]" 106.5 Fee Schedule. Insert "See DCO Section 22-145 Heating, air conditioning, and heat pump permit fees" in place of “The fees for all mechanical work shall be as indicated in the following schedule:” Section 106.5.3 Fee refunds. Delete in its entirety. SECTION 108 VIOLATIONS Section 108.4 Violation Penalties. Insert "See Section 22-61(a) International Building Code Section 113.4, Violation Penalties" in place of "Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alters, or repair, a plumbing work in violation of the approved construction documents or

directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT], or by imprisonment not exceeding thirty (30) days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense." Section 108.5 Stop work orders. Insert "See 22-61(a) International Building Code, Section 114.3 Unlawful continuance" in place of "Upon notice from the code official that mechanical work is being done contrary to the provisions of this code or in a dangerous and unsafe manner such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to remove a violation or unsafe condition, shall be charged with a violation of this section and shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars" SECTION 109 MEANS OF APPEAL Delete Section in its entirety. (b) If any section, subsection, sentence, clause or phrase of this section is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The city council hereby declares that it would have passed the ordinance from which this section derives, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. BE IT FURTHER ORDAINED: That Chapter 22- Buildings and Building Regulations, Article VI - Plumbing Code be amended to read as follows: ARTICLE VI. PLUMBING CODE Sec. 22-181. Adopted. (a) Certain documents, three (3) copies of which are on file in the licensing and permitting office in the city, being marked and designated as International Plumbing Code 2009, including appendix chapters B, C, D, E, F, G, as referenced in the building code adopted in 22-61(a), published by the International Code Council, be and is hereby adopted as the code of the City of Dover for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems in the city and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Plumbing Code, as referenced in the building code adopted in 22-61(a), published by the International Code Council, on file in the office of the City of Dover are hereby referred to, adopted and made a part hereof as if fully set out in this section. The following sections are hereby revised: Exception: The 2009 International Private Sewage Disposal portion of this code is not adopted, as enforced by other authorities having jurisdiction.

Section 101.1 Title. Insert “City of Dover, DE” in place of “[NAME OF JURISDICTION]” Section 106.6.2 Fee Schedule. Insert “See Section 22-65 Permit Fees” in place of “The fees for all plumbing work shall be as indicated in the following schedule: [JURISDICTION TO INSERT APPROPRIATE SCHEDULE]”. Section 106.6.3 Fee refunds. Delete in its entirety. Section 108.4 Violation Penalties. Insert: “See Section 22-61(a) International Building Code Section 113.4, Violation Penalties” in place of “Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alters, or repair, a plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or by imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense.” Section 108.5 Stop work orders. Insert “See Section 22-61(a) International Building Code, Section 114.3 Unlawful continuance” in place of “Upon notice from the code official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous and unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be charged with a violation of this section and shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars” (b) International Fuel and Gas Code. That certain documents, three (3) copies of which are on file in the licensing and permitting office of the city being marked and designated as “The International Fuel and Gas Code, 2009 Edition” as published by the International Code Council be and is hereby adopted as the Fuel and Gas Code of the City of Dover in the State of Delaware; for regulating and governing fuel gas systems and gas fired appliances as herein provided. (c) That if any section, subsection, sentences, clause or phrase of this section is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The city council hereby declares that it would have passed the ordinance from which this section derives, and each section, subsection, clause and phrase therefore, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. BE IT FURTHER ORDAINED: That Chapter 22 Buildings and Building Regulations, Article VII - Property Maintenance Code , Sec. 22-221. Adopted, be amended to read as follows: ARTICLE VII. PROPERTY MAINTENANCE CODE

Sec. 22-221 Adopted. (a) A certain document, three (3) copies of which are on file in the licensing and permitting office of the city, being marked and designated as "The International Property Maintenance Code, 2009" as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Dover, in the State of Delaware; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said property maintenance code are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the following additions, insertions, deletions and changes: Section 101.1 Title. Insert “City of Dover, DE” in place of “[NAME OF JURISDICTION]” SECTION 111 MEANS OF APPEAL See Chapter 22 – Buildings and Building Regulations, Article VII – Property Maintenance Code, Sec. 22-225 Property maintenance code board of appeals. Section 304.14 Insect screens. Insert "March 1st to November 30th" in place of "[date] to [date]". Section 602.3 Heat supply. Insert "September 15th to May 1st" in place of "[date] to [date]". Section 602.4. Occupiable work spaces. Insert "September 15th to May 1st" in place of "[date] to [date]". (b) It shall be unlawful for any person to violate any of the provisions of the publication adopted in subsection (a). BE IT FURTHER ORDAINED: That Chapter 46 - Fire Prevention and Protection, Article III - Fire Codes, sec. 46-121. Adopted, be amended to read as follows: Sec 46-121Adopted (a)International Fire Code adopted. A certain document, three (3) copies of which are on file in the licensing and permitting office of the city, being marked and designated as "International Fire Code, 2009 Edition," as published by the International Code Council, be and is hereby adopted as the Fire Prevention Code of the City of Dover in the State of Delaware; for the control of buildings, structures and premises as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Fire Code, are hereby referred to, adopted and made part hereof as if fully set out in this section, with additions, insertions, deletions and changes as follows: (b) Section 101.1 Insert "City of Dover", in place of [NAME OF JURIDICTION]. Delete in their entirety: Sections 105.6 Required operational permits, through 105.7.12 Temporary membrane structures, tents, and canopies. (b) National Fire Codes adopted. There is hereby adopted the most recently published edition of the National Fire Prevention Association's (NFPA) National Fire Codes (excluding NFPA Codes 11C, 13E, 402M, -41s, 422, 424M-473, 901-906, 1001-1041, 1201-1410, 1452-1999, 5000), three (3) copies of which are on file in the office of the fire marshal.

(c) The more restrictive provisions of the International Fire Codes as set forth in subsection (a) above or the National Fire Codes as set forth in subsection (b) above shall apply whenever they may be in conflict. (d) It shall be unlawful for any person to violate any of the provisions of the publications adopted in subsection (a) or (b). BE IT FURTHER ORDAINED: That Appendix F – Fees and Fines, Chapter 22- Buildings and Building Regulations be amended by inserting the text shown in blue, bold and deleting the text shown in red, bold, strike-through, as follows: Chapter 22--Buildings and Building Regulations, Article III--Building Code Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-61 Adopted ( International Building Code ) Sec. 105.5.1 Expiration; Additional 180 day extensions may $25.00 per 180-day be granted with payment of a renewal fee… extension Violation penalties; Each day that a violation Fine of not less than $100.00 Sec. 113.4 continues shall be deemed a separate or more than $10,000.00 offense.......... Sec. 114.3 Unlawful continuance First offense.......... $100.00 Second offense.......... $250.00 Third offense.......... $500.00 No less than $1,000.00 Fourth and subsequent offenses.......... and no more than $10,000.00 ADOPTED: MAY 10, 2010

PETITION TO AMEND ZONING DISTRICT Before the Dover City Council May 24, 2010 Applicants/Owners: TLFD Management, LLC PO Box 578 Dover, DE 19903 Location: White Oak Road, East of Delaware Route 1 Property Addresses: White Oak Road Dover, DE 19901 Tax Parcel ID #: LC-05-068.00-01-18.00-000 Size: 12.78± acres Present Zoning: R-20 (One-Family Residence) and SWPOZ (Source Water Protection Overlay Zone) Proposed Zoning: R-8 (One-Family Residence) and SWPOZ (Source Water Protection Overlay Zone) Present Use: Vacant/Wooded Comprehensive Plan Designation: Low Density Residential Proposed Use: Single Family Residences Planning Commission Recommendation: Following a public hearing on March 15, 2010 and April 19, 2010, the Planning Commission moved to approve the request to rezone the subject property from R-20 with AEOZ to R-8 with AEOZ. The motion was carried 5-0, with two members absent and two members abstaining because they missed the first meeting where the item was discussed. File Number: Z-10-01

This zoning change is being requested by TLFD Management, LLC. The subject parcel is currently zoned R-20 (One Family Residence Zone). The applicant is request R-8 (One Family Residence Zone) zoning. Tax Parcel: LC-05-068.00-01-18.00-000. Existing Property: The subject parcel is currently vacant and wooded. Surrounding Land Uses: The land adjacent to the site to the east is a neighborhood of single-family detached homes, zoned R-8 (One-Family Residence Zone). To the south and southeast, there is land zoned A (Agriculture Zone) in the City of Dover. The property immediately west is zoned RM-2, and is known as Bay Village. The City has received a sketch plan submission for this as a Planned Neighborhood Design (PND), but as of this writing it has not yet been reviewed by City Council. The parcels along White Oak Road to the east and west of the subject parcel are zoned R-20 (One-Family Residence Zone). The White Oak Salvage Yard, across White Oak Road is zoned IG (General Industrial Zone) in Kent County and other lands across White Oak Road are zoned AR (Agricultural Residential Zone) in Kent County. The subject parcel and surrounding lands are within the SWPOZ (Source Water Protection Overlay Zone), Tier 2 Primary Wellhead Protection Area. Comprehensive Plan: In the 2008 Comprehensive Plan, the Land Development Plan recommends that this property be used for Low Density Residential uses. The requested R-8 (One-Family Residence Zone) is consistent with this category of uses. Preliminary Land Use Service (PLUS) Review State agencies reviewed the proposed rezoning application and associated development proposal through the PLUS process, on Wednesday, February 24, 2010. The City has not yet received written comments from this review, but at the meeting the Office of State Planning Coordination stated opposition to the rezoning, and the Department of Natural Resources and Environmental Control expressed concerns regarding drainage in the area and potential wetlands on the site. These factors may affect the development of the site and would be reviewed upon receipt of a development application. Previous Rezoning Application This site was the subject of a rezoning application in 2006, which City Council denied on November 13, 2006. The motion to deny was as follows: Mr. Ruane moved to deny the rezoning request based on the importance of the Garrison Tract as an economic development asset, the 1999 Garrison Tract Memorandum of Understanding, and the State’s opposition to the request. The motion was seconded by Mr. Hogan and carried by a unanimous roll call vote. Since this time, the City has begun planning of the Garrison Oak Technical Park, and following adoption of the 2008 Comprehensive Plan, City Council voted favorably to rezone the land to the

Z-10-01 Lands of TLFD Management, LLC Report to City Council – May 24, 2010 Page 3 immediate west from A (Agriculture) to RM-2 (Medium Density Residence). The State continues to oppose the rezoning request of the subject property. Request for R-8 (One-Family Residence Zone) The types of permitted uses in the R-8 (One-Family Residence Zone) mirror those in the current R-20 (One-Family Residence Zone); however the bulk standards differ. Article 4, Section 4.1 of the Zoning Ordinance address bulk standards for the One-Family Residence Zones. The bulk standards are as follows: Section 4.1. [One-family residence zones.] Bulk and parking regulations for one-family residence, R-20, R-15, R-10, R-8 and R-7 zones [are as follows] (see also article 12, definitions; article 5, supplementary regulations; and article 6, off- street parking, driveways and loading facilities): TABLE INSET: For Dwellings In: R-20 R-15 R-10 R-8 R-7 Minimum required: Lot area (sq. ft.) 20,000 15,000 10,000 8,000 7,000 Lot width (ft.) 120 100 80 70 50 Lot depth (ft.) 150 125 110 100 100 Front yard (ft.) 30 30 25 25 20 Minimum side yard (ft.) 25 20 15 10 5 Total both side yards (ft.) 50 40 30 20 10 Rear yard (ft.) 40 40 30 30 30 Livable floor area/DU (sq. ft.) 1,200 1,200 Off-street parking spaces/dwelling units 3 3 2 2 2 Maximum permitted: Building height Stories 2 1/2 2 1/2 2 1/2 2 1/2 2 1/2 Feet 35 35 35 35 35 Lot coverage 20% 25% 30% 35% 40% Recommendation of the Planning Staff and Planning Commission: This request is to rezone land from R-20 (One-Family Residence Zone) to R-8 (One-Family Residence Zone). The only difference between the current zone and requested zone is the bulk standards, primarily the lot coverage, minimum lot size, and lot dimensions. With the difference in bulk standards, a higher density development could potentially be built under the R-8 (One- Family Residence Zone).

Z-10-01 Lands of TLFD Management, LLC Report to City Council – May 24, 2010 Page 4 The requested zoning is in compliance with the Comprehensive Plan; however, Staff has some concerns about the increase in density given the site’s location and site characteristics. The site is almost entirely wooded, and the State Wetland Maps, developed by the Department of Natural Resources and Environmental Control, indicate the presence of wetlands on the site. While these maps are not a definitive determination of wetland presence, they are an indication of the presence of wetlands and wet soils on the site. The applicant indicates that a wetland delineation has been conducted and reveals that there are no wetlands on the site. They have provided a copy to staff. Staff acknowledges that the land use picture has somewhat changed in this area since the City Council denied a rezoning request in 2006. Under the 2008 Comprehensive Plan, adjacent lands were designated as Residential Medium Density and subsequently rezoned to RM-2 (Medium Density Residential). Additionally, the City has begun actively planning for the development of the Garrison Oak Technical Park, northwest of the subject property. Staff recommendation was made prior to public hearing. Following a public hearing held on March 15, 2010, and held open until April 19, 2010, the Planning Commission moved to approve the request to rezone the subject property from R-20 with AEOZ to R-8 with AEOZ. The motion was carried 5-0, with two members absent and two members abstaining because they missed the first meeting where the item was discussed. Excerpts from the meeting minutes are below for reference: Excerpt from Planning Commission Minutes of April 19, 2010: Z-10-01 Lands of TLFD at White Oak Road - Continuation of the Public Hearing and Review for Recommendation to City Council on a rezoning application consisting of one parcel of land consisting of a total of 12.78 acres ±. The property is currently zoned R-20 (One Family Residence Zone) and SWPOZ (Source Water Protection Overlay Zone) Tier 2. The proposed zoning is R-8 (One Family Residence Zone) and SWPOZ (Source Water Protection Overlay Zone) Tier 2. The subject area is located on the south side of White Oak Road, south of Mourning Dove Lane. The owner of record is TFLD Management, LLC. Tax Parcel: LC05- 068.00-01-18.00-000. Council District 3. This item was tabled by the Planning Commission at the March 15, 2010 meeting until the April meeting. Representative: Mr. Frank DiMondi, Property Owner. Mr. Tolbert moved to lift from the table Application Z-10-01 Lands of TLFD at White Oak Road, seconded by Mr. Holt and the motion was unanimously carried. Mrs. Townshend provided an update on the application regarding the State’s PLUS Comments along with a packet of information provided by the applicant addressing issues and concerns that were brought up at the last meeting. Mr. DiMondi stated that with regards to the issue of trees and wetlands, no matter what the property is zoned, they will still have to go through Site Plan approval. We have been over the Wetlands Study and will have to address that during Site Plan approval.

Z-10-01 Lands of TLFD Management, LLC Report to City Council – May 24, 2010 Page 5 Mr. DiMondi further stated that with regards to the PLUS review, it boils down to the understanding that the State, back in 2006 when City Council rejected their request, is the State’s rejection of rezoning in reference to the Memorandum of Understanding between the State, City, and County which defines the lands east of Route 1 as agricultural and low density residential lands. The Memorandum of Understanding states and concludes that the combination of City, State and County governments would agree to growth controls to protect the areas east of SR 1 from overdevelopment. The City of Dover agreed to strongly adhere to the Comprehensive Plan and zoning designations for the areas east of SR 1 which is agricultural and low density development. The Memorandum of Understanding supports low density development in the east area of SR 1. The TLFD property that they own on White Oak Road meets the City’s designation of low density as confirmed by the City of Dover’s Staff during a meeting dated March 8, 2010. The Land Use and Zoning Matrix chart in the 2003 Comprehensive Plan shows that R-8 is considered residential low density. The Comprehensive Plan recommends that low density residential should be directed to peripheral suburban rural fringe areas similar to the land owned by TLFD Management. It also states that low density residential uses are recommended in areas immediately adjacent to existing low density residential neighborhoods for reasons of compatibility. The TLFD Property, according to Staff, falls into both Level 2 and 3 categories concerning development potential in the City of Dover. A property in Level 2 meets the City’s present development plans and a Level 3 plan would support development in a long range plan. The property has City of Dover water and sewer available to it. The request for the properties of TLFD Management are consistent with the adjacent properties and is adjacent to a large subdivision zoned R-8 known as Simpson Log Homes. R-8 property is located across the street along with IPM-2 zoning. Most recently, as most of you know, 78 acres of adjacent property of AR was recently converted to RM-2 (Residential Medium and High Density). Mr. DiMondi further stated that the State’s letter also talked about combining with green energy initiatives. One of our companies is the leader in the local area and the State of Delaware for green energy efficiency in that we use ICF forms and are producing homes that reduce the energy up to seventy-five (75) percent for heating and cooling costs. We think it would be excellent if we could team up with the solar power across the street which is what we are currently doing. We believe that the combination of our type of energy efficient construction teamed up with the solar power at Garrison Oak Solar Farm would create an ultimate green community that would be available for State and federal green house credits. Mr. DiMondi further stated that in conclusion, their land is surrounded and borders adjacent properties zoned R-8. Our request to rezone to R-8 is compatible to the surrounding properties. Our properties are adjacent to 78 acres of RM-2 and a proposed Site Plan that creates 462 homes which includes a mix of apartments, townhomes, duplexes, and single family detached homes that would be called Bay Village. Our property meets Level 2 and 3 categories concerning development potential in the City of Dover. City of Dover water and sewer is available to the site. Our proposed zoning is considered low density which is supported by the City’s Comprehensive Plan, the Zoning Matrix Chart, and the current Zoning Map that is presently on the City’s website that shows low density. The State’s statement also says that the current zoning designation is consistent with Dover’s Comprehensive Plan and is more in keeping with long standing policies of encouraging land conservation activities east of Route 1. What the State does not understand is that the current zoning designation of our property and the proposed zoning change both meet the City’s Comprehensive Plan for low density. The State’s objection letter classifies the “new modified position” that the State is taking concerning the rezoning of the adjacent 78 acres from AR to RM-2 as a “unique” opportunity and a special

Z-10-01 Lands of TLFD Management, LLC Report to City Council – May 24, 2010 Page 6 circumstance as stated in their letter. As a land developer doing business in the City of Dover, it is critical that we believe land planning decisions are consistent and adhere to the existing Comprehensive Plan that is presently in place. Although the State objects to the rezoning, it is the City’s right to determine if the rezoning request meets the City’s Comprehensive development plans for the area. It is clear that if our property is rezoned to R-8 it will be classified by the City as low density which meets even the State’s acceptable designation for development east of Route 1. The findings of fact completely support our basis for our rezoning request. Mr. Hemmig stated that because he was not at last month’s meeting and did not have the opportunity to hear the public testimony, he is not going to participate in discussion and will abstain from the vote. Mr. Holt questioned who overrides who? The State obviously does not want development east of Route 1. What kind of precedence would we be setting if we approve this? Responding to Mr. Holt, Mr. Friedman stated that we have the authority in the City to do what is most appropriate according to our codes. We balance it out by looking at surrounding areas and infrastructure. Also responding to Mr. Holt, Mrs. Townshend stated that the State has delegated land use authority to local governments so it is the City’s discretion. The Planning Commission’s role in this is advisory to City Council. You would be making a recommendation to City Council that ultimately in terms of the land use within the City to the degree that it is consistent with the Comprehensive Plan as the jurisdiction of the City. Mr. Friedman opened a public hearing and after seeing no one wishing to speak closed the public hearing. Mrs. Townshend stated for the record, Mr. Hemmig would be abstaining from the vote as he was not present at last month’s meeting; Mr. Shomo was also not present. Mr. Nichols, Mr. Friedman, Mr. Tolbert, Mr. Holt, and Mr. Baldwin are the Commissioner’s who are able to participate in the vote on this matter. Mr. Holt questioned if there would be any further public testimony for this application? Responding to Mr. Holt, Mr. Friedman stated that no not for this application. We are recommending to City Council a rezoning only. Mrs. Townshend stated that she would like to respond in response to Mr. Hemmig’s question regarding access to Governors Avenue, on the DelDOT comments, their second comment indicates that no direct access will be granted to individual parcels on South Governors Avenue and South State Street. These are things that in the future, when a Site Plan comes through, DelDOT will be looking at this issue. Responding to Mrs. Townshend, Mr. Moore stated that what he interpreted this to mean was that we could access those parking lots if they stay there which they likely will; however, they do not want individual accesses to other parts of our campus that are disconnected. Mr. Baldwin moved to forward approval to City Council application Z-10-01 Lands of TLFD at White Oak Road, seconded by Mr. Tolbert and the motion was unanimously carried 5-0 with Mr. Hemmig and Mr. Shomo abstaining from the vote due to being absent at the last monthly meeting. Mr. Ambruso and Colonel Welsh were absent.

Z-10-01 Lands of TLFD Management, LLC Report to City Council – May 24, 2010 Page 7 Excerpt from Planning Commission Minutes of March 15, 2010: Z-10-01 Lands of TLFD - Public Hearing and Recommendation to City Council on a rezoning application consisting of one parcel of land consisting of a total of 12.78 acres ±. The property is currently zoned R-20 (One Family Residence Zone) and SWPOZ (Source Water Protection Overlay Zone) Tier 2. The proposed zoning is R-8 (One Family Residence Zone) and SWPOZ (Source Water Protection Overlay Zone) Tier 2. The subject area is located on the south side of White Oak Road, south of Mourning Dover Lane. The owner of record is TLFD Management, LLC. Tax Parcel: LC05-068.00-01-18.00-000. Council District 3. Representatives: Mr. Frank DiMondi and Mr. Ted Layton, Owner’s of TLFD Management. Mrs. Townshend presented an overview of the application and noted receipt of a PLUS preview letter from the Office of State Planning Coordination dated 3/9/10. Mr. DiMondi stated that he would recap some of the history for this property because he feels that it is important with regards to their most recent rezoning request. Three and a half years ago was our first original request for rezoning from R-20 to R-8. Back in September 2006, Dover Staff recommended rezoning from R-20 to R-8. Staff comments for rezoning were in compliance with the Comprehensive Plan. On October 19, 2006 TLFD which is the management company that owns the property, received notice from the City that the Dover Planning Commission unanimously approved the rezoning request. The matter went to City Council on October 23, 2006 in which there was a motion to grant approval of the request where there was a second. It was not until another Council member had a question or issue with regards to clarification of the Memorandum of Understanding between the City, State and County and how it regarded what type of development would take place east of Route 1. What happened in that meeting was the application was tabled and moved to the next City Council meeting where a letter dated 11/9/06 was submitted by the State of Delaware that stated “the request to increase residential density in this area is contrary to the provision of the 1999 Memorandum of Understanding which identifies the most desirable future land uses east of Route 1 as agricultural, low-density residential.” The letter went on to state that “we can support no increase in density in this area.” As a result, the City Council on November 13, 2006 rejected the rezoning due to the State’s position. Mr. DiMondi further stated that the Memorandum of Understanding states and concludes that the combination of the City, State and County governments would agree to have growth controls to protect the areas east of SR-1 from over development. As a result, the City of Dover strongly agreed to adhere to the Comprehensive Plan and zoning designation for the areas east of SR-1. The Memorandum of Understanding supports low-density development in the areas east of SR-1 and according to the 2003 Comprehensive Plan, their rezoning request meets the definition of low- density development. At the time of rejection, what continues today, is that the TLFD property meets the City’s designation of low-density as confirmed by the City of Dover Staff during a most recent meeting dated March 8, 2010. The Land Use and Zoning Matrix Chart also shows that R-8 is considered residential low-density. The Comprehensive Plan recommends that low-density residential should be directed towards a peripheral suburban rural fringe similar to the land owned by TLFD Management. It also states that low-density residential uses are recommended in areas immediately adjacent to existing low-density residential neighborhoods for reasons of compatibility. The TLFD property, according to Staff, falls into both Level 2 and Level 3 categories concerning the development potential for the property. A property in Level 2 meets the City’s present development plans and Level 3 would support development in a long range plan. The property has City of Dover sewer and water availability to it as it exists. The request for rezoning of the TLFD

Z-10-01 Lands of TLFD Management, LLC Report to City Council – May 24, 2010 Page 8 property is consistent with adjoining properties. This property is adjacent to a large subdivision zoned R-8 known as Simpson Log Homes with R-8 property located across the street along with IPM zoning and most recently, seventy-eight (78) acres of adjacent AR which was converted to RM-2 zoning. Mr. DiMondi stated that their request today is to go from R-20 to R-8. R-20 is when they take into account any areas that may be wet or wooded where they could get eight (8) to nine (9) housing lots out of this particular piece. R-8 is when we take into account the tree ordinance where we would get between fifteen (15) and sixteen (16) units. Mr. Friedman interrupted at this time stating that Mr. DiMondi was re-iterating everything that this Commission already knows and could he please summarize his testimony. Mr. DiMondi further stated that in building his case, what you have is that their original case was turned down by City Council because of the Memorandum of Understanding. They have seventy- eight (78) acres adjacent to them that went from Agricultural to an RM-2 zoning. The State reversed their position on the Memorandum of Understanding and reversed their opinion in the letter that City Council used to reject their original proposal. Mr. DiMondi further stated that in conclusion, our proposed change from R-20 to R-8 will result only in an increase of six (6) to seven (7) lots after Site Plan meets City of Dover approval. A dramatic increase in bulk density should not be an issue. Our land surrounds and borders adjacent properties zoned R-8. Our request to rezone to R-8 is compatible to the surrounding properties. Our property is now adjacent to seventy-eight (78) acres of RM-2 and a proposed Site Plan that would create 462 homes of which would include a mix of apartments, townhomes, duplexes and single family detached homes that will be known as Bay Village. Our property meets Level 2 and Level 3 categories from concerning development potential in the City of Dover. City of Dover water and sewer is available to the site. The State’s new position of support of the rezoning of seventy-eight (78) acres of AR to RM-2 should no longer be a basis for a rejection of our proposed rezoning. The State’s most recent letter dated March 9, 2010 specifically states that the proposed White Oak Road subdivision will require rezoning from R-20 to R-8 which represents an increase in residential density which is not the case. Our proposed zoning is considered low density which is supported by the City’s Comprehensive Plan, the Zoning Matrix Chart, and the Memorandum of Understanding between the State and the City. Our request is to change the bulk standards which in our case, is a total of six (6) to seven (7) lots. The State also states that the current zoning designation is consistent with the Dover’s Comprehensive Plan and is more in keeping with their long standing policy of encouraging land preservation and conservation activities east of Route 1. What the State does not understand is that the current zoning designation of their (the applicant’s) property and the proposed zoning change both meet the City’s Comprehensive Plan for low density. Our proposed zoning change according to Staff, the most recent Comprehensive Plan and existing MOU meets the definition of low density development. Mr. Friedman stated that it is a well known fact that the State of Delaware would prefer that there be no development east of SR-1 for a variety of reasons. You focused on some good points, one of them being that we always look for good infrastructure and that is in place there. We also look for compatibility to other areas, we would also note that the Garrison Oak Park has already moved forward with a solar energy field and adherence to the City of Dover’s Comprehensive Plan. Mr. Holt stated that with regard to wetlands, he is confused because first they say that there are no wetlands and then the State says that there are wetlands. He believes that if you went out there

Z-10-01 Lands of TLFD Management, LLC Report to City Council – May 24, 2010 Page 9 today they would be wet. Responding to Mr. Holt, Mr. Friedman stated that one of the points to be made regarding this issue is if you read the comments from Staff, this is that what they are telling the applicant. That, if this in fact this does goes forward, they need to be aware that there is a lot of other stuff that would need to be dealt with in Site Plan approval. Mr. DiMondi stated that this has been an issue between him and Staff back and forth. We did have an Army Corps of Engineers Jurisdictional Determination done on the property and the Army Corps of Engineers stated that there are no wetlands on the property. Just like any other type of property, there are some wet areas on the property. Most of the post-development water run-off is going to be less than pre-development run-off. Once we develop the land, more than likely, we would control the water better after development than what it is being controlled right now. He has spoke with DNREC for clarification because two to three years ago we went through this with DNREC and made it very specific that if the Army Corps of Engineers did not have a problem with the site that they did not either. Mr. Tolbert stated that at this point, we are only considering rezoning so we do not have to even get into the issues regarding wetlands. Mr. Nichols stated that they have twelve (12) acres and they are only going to be able to use six (6) acres. By the time you put in a retention pond, that will probably be cut down to three (3) acres and then you will have to worry about drainage and he does not know where that will go. Right now your feasibility, even with the type of ground that you have, is going to be extremely low trying to get people to live there. Responding to Mr. Nichols, Mr. DiMondi stated that once again, we understand what the site looks like and what it contains. We have worked with our engineer and that is why we rely on him for his expertise. We have been told that the property is zoned R-20 and that we could expect eight (8) to nine (9) building lots out of it taking into account any wet depressed areas, roads, and stormwater management. If we go from R-20 to R-8 zoning, this number could go to fifteen (15) or sixteen (16) units. This is taking into account where the water would go. There is a big tax ditch in the back of the property that we have already contacted Kent Conservation District about out-falling to it which does not seem to be an issue. Mr. Nichols further questioned with regards to the Army Corps of Engineers, do you have this in black and white? Responding to Mr. Nichols, Mr. DiMondi stated that yes, they do. Colonel Welsh stated that he has a problem with this issue because we still do not have a response from the State on the PLUS comments. We are expected to render a decision tonight to go forward to City Council for a recommendation to approve or disapprove without having the benefit of the State review which by law they must do. It would seem to him that the appropriate thing to do until all agencies have reviewed it and given it recommendations would be to table the application. Mr. Friedman opened a public hearing. Mr. L.D. Shank – Managing Partner of Bay Village, LLC – If he were to speak on this application, he would be for it as an adjoining property owner not only because of a two generation relationship with the DiMondi family; however, also because of common sense. Water and sewer was placed out there twenty-five (25) years ago to be used; therefore he has no objections from his neighbors. Mr. Michael Mead – 114 Brandywine Drive; and representing his Father who lives at 2196 White Oak Road – His father’s property is adjacent to the proposed development and he is here

Z-10-01 Lands of TLFD Management, LLC Report to City Council – May 24, 2010 Page 10 on his behalf. He wanted to let the developers know that he is not opposed to anyone developing. His house has been there for fifty years and five years previous to that, we lived across the street so we know the area extensively better than anyone else even though we have been away and then came back. We have watched things develop. Water is the biggest problem that we have, and he has met with Mr. Koenig at the property and have talked with Mr. DePrima (City Manager); he has sent them various letters and pictures. He had a picture of the front of his father’s property that is an L-shaped ranch and their entrance runs right along the west side of the property and this is heading east and the rest of the development would be behind it. Just recently, over the past few years, what they see with the Corps of Engineers study, with all due respect, is because there is no real water management system in place at the Simpson Log Homes, is that the water has increased tremendously. The picture he presented has been in the paper twice because he has tried to point this out that the City of Dover should be concerned because on the more severe range, the road is completely covered with water. You do not really see it coming so when cars are traveling at excessive speeds there then they come up on this water with a splash there is problems with that. His only concern, like he has said is water. They are pro-development; they can build 100 houses back there if they want. That is not the problem. We just want to make sure, and it does not sound like tonight other than the study that has been made. Realistically, we would applaud if it would that some of the water that is collecting on the Simpson Log Homes site is taken away and the problem it is creating. There is no possible way that any additional homes can be built unless there is a better water management system or retention ponds that were mentioned. He would agree that if all of the findings are not in, he does not feel that you can make a real educated decision without knowing that. After seeing no one else wishing to speak Mr. Friedman stated that he would leave the public hearing open for the next meeting when that does occur. Colonel Welsh moved to table Z-10-01 Lands of TLFD until next month or until we have received the State PLUS review comments for the proposal and to also allow time to review the 30 page package that was placed on our desks this evening along with comments this evening, seconded by Mr. Nichols and the motion was unanimously carried 6-0 with Mr. Shomo, Mr. Hemmig, and Mr. Ambruso absent. Attachments: Exhibit Map PLUS Letter dated March 23, 2010 Supplemental Report Submitted by Applicant DAC Agency Reports

City of Dover Application No.: Z-10-01 Department of Planning & Inspections IPM R-8 IPM-2 Site R-20 RM-2 A Plan Title: Lands of JNK, LLC Location: White Oak Road Legend Plan Type: Rezoning Dover Boundary Tax Parcel: ED-05-068.00-01-18.00-000 Zoning: R-20 current, R-8 proposed Dover Parcels Owner: TLFD Management, LLC Zoning Date: 2-17-10 SWPOZ Tier 2 0 250 500 1,000 Feet «

STATE OF DELAWARE EXECUTIVE DEPARTMENT OFFICE OF STATE PLANNING COORDINATION March 23, 2010 Mr. Jeffrey C. Williams Kercher Engineering 254 Chapman Road, Ste. 202 Newark, DE 19702 RE: PLUS review – 2010-02-01; White Oak Road Subdivision Dear Mr. Williams: Thank you for meeting with State agency planners on March 24, 2010 to discuss the proposed plans for the White Oak Road Subdivision to be located on the south side of White Oak Road, 1340 ft. west of Long Point Road, within the City of Dover. According to the information received, you are seeking a rezoning of 12.78 acres from R-20 to R-8 for 17 single family homes. Please note that changes to the plan, other than those suggested in this letter, could result in additional comments from the State. Additionally, these comments reflect only issues that are the responsibility of the agencies represented at the meeting. The developers will also need to comply with any Federal, State and local regulations regarding this property. We also note that as the City of Dover is the governing authority over this land, the developers will need to comply with any and all regulations/restrictions set forth by the County. Strategies for State Policies and Spending This project is located within a Level 2 and Level 3 according to the Strategies for State Policies and Spending and within the City of Dover. Investment Level 2 and 3 generally reflect areas where growth is anticipated by local, county, and State plans in the near to long term future. However, the project’s location East of Route 1 is a particular concern. It is the State’s policy to discourage new growth East of State Route 1. Starting with the historic Coastal Zone Act, State actions have encouraged natural resource and agricultural preservation rather than growth and development in this area of Kent County. 122 William Penn Street ⋅ Third Floor ⋅ Dover, DE 19901 Phone (302)739‐3090 ⋅ Fax (302) 739‐6958 ⋅ www. stateplanning.delaware.gov

PLUS 2010-02-01 Page 2 of 10 When the State purchased the Garrison Oak tract for the City for the development of an employment center, it came with the understanding that the development of the tract would not encourage or enable further development East of Route 1. In the intervening years the State has modified this position by supporting the development of Evergreen Acres (PLUS 2009-06-03) as a unique opportunity for workforce housing tied to the development of the Garrison Oak Technology Park. In our letter about that project, dated July 22, 2009, we conditioned our support by stipulating that “There is a clear understanding by all parties that this development is a special circumstance which addresses both economic development and land conservation objectives, and does not in any way represent a policy shift which would allow or encourage other land developments E. of Route 1.” The proposed White Oak Road Subdivision will require a rezoning from R20 to R8, representing an increase in residential density. The current zoning designation is consistent with Dover’s certified comprehensive plan and is more in keeping with our longstanding policy of encouraging land preservation and conservation activities East of Route 1. The State does not support the rezoning of this parcel for these reasons. Code Requirements/Agency Permitting Requirements • It is important that the developer be aware of the Delaware Unmarked Human Remains Act of 1987, outlined in Chapter 54 of Title 7 of the Delaware Code, which pertains to the discovery and disposition of such remains. The unexpected discovery of unmarked human remains during construction can result in significant delays while the process is carried out. • Sediment and Stormwater Program. A detailed sediment and stormwater plan will be required prior to any land disturbing activity taking place on the site. It is strongly recommended that the owner and consultant contact the Kent Conservation District to schedule a project application meeting to discuss the sediment and erosion control and stormwater management components of the plan. The site topography, soils mapping, pre- and post-development runoff, and proposed method(s) and location(s) of stormwater management should be brought to the meeting for discussion. The plan review and approval as well as construction inspection will be coordinated through the Kent Conservation District. Contact Jared Adkins, Program Manager, at the Kent Conservation District at (302) 741-2600, ext. 3 for details regarding submittal requirements and fees. The property does not appear to extend to the tax ditch. Please discuss the proposed use of Prong B of the White Oak Tax Ditch as an outlet for the stormwater on this site at the project application meeting. • TMDLs. Total Maximum Daily Loads (TMDLs) for nitrogen and phosphorus have been promulgated through regulation for the Leipsic River watershed. A TMDL is the maximum level of pollution allowed for a given pollutant below which a “water quality limited water body” can assimilate and still meet water quality standards to the extent necessary to support use goals such as, swimming, fishing, drinking water and shell fish

PLUS 2010-02-01 Page 3 of 10 harvesting. Although TMDLs are required by federal law, states are charged with developing and implementing standards to support these desired use goals. In the Leipsic River watershed, “target-rate-nutrient reductions” of 40 percent will be required for nitrogen and phosphorus. Additionally, “target-rate-reductions” of 75 percent will be required for bacteria. More on TMDLs is included in the “Recommendations” category. • Should dewatering points be needed during any phase of construction, a dewatering well construction permit must be obtained from the Water Supply Section prior to construction of the well points. In addition, a water allocation permit will be needed if the pumping rate will exceed 50,000 gallons per day at any time during operation. • All well permit applications must be prepared and signed by licensed water well contractors, and only licensed well drillers may construct the wells. Please factor in the necessary time for processing the well permit applications into the construction schedule. Dewatering well permit applications typically take approximately four weeks to process, which allows the necessary time for technical review and advertising. Ricardo Rios - (302) 739-9944, Ricardo.Rios@state.de.us Recommendations/Additional Information This section includes a list of site specific suggestions that are intended to enhance the project. These suggestions have been generated by the State Agencies based on their expertise and subject area knowledge. These suggestions do not represent State code requirements. They are offered here in order to provide proactive ideas to help the applicant enhance the site design, and it is hoped (but in no way required) that the applicant will open a dialogue with the relevant agencies to discuss how these suggestions can benefit the project. Department of Agriculture • Right Tree for the Right Place The Delaware Department of Agriculture Forest Service encourages the developer to use the “Right Tree for the Right Place” for any design considerations. This concept allows for the proper placement of trees to increase property values in upwards of 25% of appraised value and will reduce heating and cooling costs on average by 20 to 35 dollars per month. In addition, a landscape design that encompasses this approach will avoid future maintenance cost to the property owner and ensure a lasting forest resource.

PLUS 2010-02-01 Page 4 of 10 • Do Not Plant List: Due to the high risk of mortality from insects and disease, the Delaware Forest Service does not recommend planting any of the following species: Callery Pear Leyland Cypress Red Oak (except for Willow Oak) Ash Trees Please contact the Delaware Forest Service for more information at (302) 698-4500. State Historic Preservation Office • According to observations and evaluation, there are no known historic or cultural resources in this project area, such as archaeological sites or National Register-Listed property on or near this proposed project site. • However, since Delaware has a strong agricultural and rural heritage, there is a possibility that could be a historic-period or prehistoric-period archaeological site historically associated with Delaware’s agricultural or rural heritage, which have not been found, but may contain important information about Delaware’s history. • Prior to any demolition or ground-disturbing activities, the developer may want to consider hiring an archaeological consultant to examine the parcel for archaeological sites, including a cemetery or unmarked human remains. If you have any questions or concerns, please contact Terence Burns at 302-736-7404. DelDOT • DelDOT recognizes that that the internal streets would be City streets and therefore outside their jurisdiction. Nonetheless, they offer the following advisory comments regarding them. The proposed stub street leading to the Bay Village of Dover property is laudable, but it may not be in the best place. There is an existing stub street in the adjoining Oak Shadows subdivision that aligns with Lot 5 and the proposed stub street. If the subject development can only be connected to Oak Shadows or Bay Village, DelDOT would recommend that the connection be made to Oak Shadows because the stub exists and the connection can be made now. By comparison, there is no approved plan for Bay Village of Dover and no definite date for its construction. If possible, the subject development should be connected to both Oak Shadows and Bay Village of Dover and the stub street to Bay Village should be shifted south, perhaps to the cul-de- sac bulb, so as to discourage through traffic between Oak Shadows and Bay Village. • If the rezoning is approved, DelDOT recommends that the developer have their engineer contact the DelDOT Subdivision Manager for the north part of Kent County, Mr. Julio Seneus, for more detailed comments on the site plan as they develop it further. Mr. Seneus may be reached at (302) 760-2145.

PLUS 2010-02-01 Page 5 of 10 DNREC Fish and Wildlife - Please contact Edna Stetzar at (302) 653-2880 ext. 101 or at Edna.Stetzar@state.de.us • Site Survey Request. The forest on the project parcel is potentially more than 70 years of age, which may be late successional to early mature depending on the composition of the plant community and development of the understory. According to 1937 aerial imagery the forest was in a stage of young growth at that time. Our community ecologist is interested in mapping the vegetation communities at this site as part of a state-wide effort to evaluate forest communities and map wildlife habitat. The survey would be conducted at no expense to the landowner. A report of the survey and vegetative community map would be generated for the applicant’s use in the planning of this project. If unique vegetative communities are observed during the survey, recommendations to reduce impacts will be offered for consideration. Please contact Edna Stetzar if the landowner will grant a site visit. Recommendations: • It is important to maintain connections between areas of habitat across the landscape. These areas provide cover and space for wildlife to travel during daily, seasonal, and migratory activities. This project is basically surrounded by parcels also being considered for development. Open space that occurs in small disconnected areas next to lots or that occurs as a narrow strip between developments is not as useful to wildlife as those areas of open space that are larger and connect to other undeveloped areas of open space. We recommend the applicant consider coordinating with adjacent landowners so that habitat connections can be maximized. DNREC further recommends that open space be permanently preserved so that future clearing is less likely. • Stormwater management methods that do not require tree removal should also be discussed with the district engineer or stormwater approval agency to determine if implementing them is feasible at this site. • Clearing should not occur between April 1st and July 31st to reduce impacts to birds and other wildlife that utilize forested areas for breeding. This recommendation would only minimize impacts to those species during one breeding season, because once trees are cleared the habitat will be lost to use by those species. • DNREC recommends native plantings, including tall grasses, wildflowers, shrubs, and trees at the edge and within an adequate buffer (15-30 feet in width) around the ponds to discourage nuisance waterfowl such as geese (to be planted in accordance with the Sediment and Stormwater Plan approval agency requirements). When the view of the surrounding area from the pond is blocked, geese can’t scan for predators and are less likely to reside and nest in the area of the pond.

PLUS 2010-02-01 Page 6 of 10 • At this time, DNREC does not recommend using monofilament grids due to the potential for birds and other wildlife to become entangled if the grids are not properly installed and maintained. In addition, the on-going maintenance (removing entangled trash, etc.) may become a burden to the homeowners association or land manager. Soil and Water - Please contact James Sullivan at (302) 739-9921 or James.Sullivan@state.de.us • Drainage Program. Existing woodland provides valuable wildlife habitat as well as soil erosion protection, water quality filtering, and surface water uptake. Unless managed for timber, wooded areas typically were areas that were unprofitable for farming due to poor drainage. Without trees to absorb the surface water these areas tend to require intensive drainage. Over the years there have been many drainage concerns with the adjacent subdivision that have not been able to be resolved. There is the strong potential for this site to experience drainage problems. • The Drainage Program requests that the engineer take precautions to ensure the project does not hinder any off site drainage upstream of the project or create any off site drainage problems downstream by the release of onsite storm water. The Drainage Program requests that the engineer check existing downstream ditches and pipes for function and blockages prior to the construction. Notify downstream landowners of the change in volume of water released on them. • Have all drainage easements recorded on deeds and place restrictions on obstructions within the easements to ensure access for periodic maintenance or future re-construction. Future property owners may not be aware of a drainage easement on their property if the easement is only on the record plan. However, by recording the drainage easement on the deed, the second owner, and any subsequent owner of the property, will be fully aware of the drainage easement on their property. • The Drainage Program does not support the removal of trees for the creation of stormwater management areas. However, the Drainage Program does recognize that tree removal is unavoidable in some cases. Where practical, plant native trees and shrubs to compensate for the loss of nutrient uptake and stormwater absorption the removed trees provided.

PLUS 2010-02-01 Page 7 of 10 Water Resources - Please contact John Martin at (302) 739-9939 or John.Martin@state.de.us • Soils Assessment. Tent is a poorly-drained wetland associated (hydric) soil with severe limitations for development; these soils are considered unsuitable for development and should be avoided (Figure 1). Figure 1: NRCS soil survey update mapping in the vicinity of the proposed White Oak Road subdivision • Studies have shown a strong relationship between increases in impervious cover to decreases in a watershed’s overall water quality. It is strongly recommended that the applicant implement best management practices (BMPs) that reduce or mitigate some of its most likely adverse impacts. Reducing the amount of surface imperviousness through the use of pervious paving materials (“pervious pavers”) in lieu of asphalt or concrete in conjunction with an increase in forest cover preservation or additional tree plantings are some examples of practical BMPs that could easily be implemented to help reduce surface imperviousness. • TMDLs. The Pollution Control Strategy for the Leipsic watershed has not been formally completed to date. In the absence of a PCS during the intervening time period, the applicant is strongly encouraged to reduce nutrient and bacterial pollutants to help improve water quality through voluntary commitment to the implementation of the following recommended BMPs: 1) Maintaining 100-foot buffers from all delineated wetlands (State and federally- regulated wetlands 2) Maximizing the amount of passive wooded open space (i.e., significantly reducing the amount of forest cover removal)

PLUS 2010-02-01 Page 8 of 10 3) Employ the use of pervious paving materials instead of asphalt or concrete to reduce surface imperviousness, wherever practicable 4) Utilize green-technology stormwater management technologies in lieu of open-water stormwater management structures The Department has also developed an assessment tool to evaluate how your proposed development may reduce nutrients and bacteria to help meet the TMDL requirements. Please contact Lyle Jones at 302-739-9939 for more information on the assessment tool. • Water Resource Protection Areas. DNREC Water Supply Section, Ground-Water Protection Branch (GPB) has determined that it falls entirely within a wellhead protection area for the City of Dover as delineated by DNREC. Although the City of Dover’s Source Water Protection Ordinance meets the minimum standards of protection, this protection does not extend over all the scientifically delineated wellhead areas. This project is located in one of these areas. • Given that this is a wellhead protection area, the City is strongly encouraged to apply impervious cover limitations on this development. The Developer states that the impervious cover for this project is approximately 19.3%. Impervious cover prevents precipitation from infiltrating through the soil to the water table aquifer. Impervious cover refers to structures including but not limited to roads, sidewalks, parking lots, and buildings. Any impervious cover within this wellhead protection area has the potential to have a negative effect on the quality and quantity of drinking water available to the City. • The DNREC Water Supply Section recommends that the portion of the new development within the scientifically delineated wellhead protection area not exceed 20% impervious cover (DNREC, 2005). Some allowance for augmenting ground-water recharge should be implemented if the impervious cover exceeds 20% but is less than 50%. However, the development should not exceed 50%. A water balance calculation should be required to determine the quantity of clean water recharged via a recharge basin (Kaufmann, 2005). The purpose of an impervious cover threshold is to minimize loss of recharge (and associated increases in storm water) and protect the quality and quantity of ground water and surface water supplies.

PLUS 2010-02-01 Page 9 of 10 • In addition, because the project is located within a wellhead protection area and the wellhead is a source of public drinking water, the storage of hazardous substances or wastes should not be allowed within the area unless specific approval is obtained from the relevant state, federal, or local program. Air and Waste Management – Please contact Deanna Morozowich at (302) 739-9402 or Deanna.morozowich@state.de.us • Hazardous Waste Sites. Based on the close proximity of the salvage yard and the previous agricultural use of the proposed project site, which may have involved the use of pesticides and herbicides, SIRB recommends that a Phase I Environmental Site Assessment be performed prior to development. DNREC's Site Investigation and Restoration Branch (SIRB) has reviewed the proposed project. No SIRB sites were found within a ½-mile radius of the proposed development. One salvage yard, White Oak Salvage, is located 63 feet west of the proposed site. In addition, should a release or imminent threat of a release of hazardous substances be discovered during the course of development (e.g., contaminated water or soil), construction activities should be discontinued immediately and DNREC should be notified at the 24-hour emergency number (800-662-8802). SIRB should also be contacted as soon as possible at 302-395- 2600 for further instructions. Krystal Stanley - (302) 395-2644, Krystal.Stanley@state.de.us Recommendations: Additional air quality measures may be taken to substantially reduce the air emissions identified above. These measures include: • Constructing only energy efficient homes. Energy Star qualified homes are up to 30% more energy efficient than typical homes. These savings come from building envelope upgrades, high performance windows, controlled air infiltration, upgraded heating and air conditioning systems, tight duct systems and upgraded water-heating equipment. Every percentage of increased energy efficiency translates into a percent reduction in pollution. The Energy Star Program is excellent way to save on energy costs and reduce air pollution. • Offering geothermal and/or photo voltaic energy options. These systems can significantly reduce emissions from electrical generation, and from the use of oil or gas heating equipment. • Providing tie-ins to the nearest bike paths and links to any nearby mass transport system. These measures can significantly reduce mobile source emissions. • Funding a lawnmower exchange program. New lawn and garden equipment emits significantly less than equipment as little as 7 years old, and may significantly reduce

PLUS 2010-02-01 Page 10 of 10 emissions from this new development. The builder could fund such a program for the new occupants. Additionally, the following measures will reduce emissions associated with the actual construction phase of the development: • Using retrofitted diesel engines during construction. This includes equipment that are on-site as well as equipment used to transport materials to and from site. • Using pre-painted/pre-coated flooring, cabinets, fencing, etc. These measures can significantly reduce the emission of VOCs from typical architectural coating operations. • Planting trees at residential units and in vegetative buffer areas. Trees reduce emissions by trapping dust particles and by replenishing oxygen. Trees also reduce energy emissions by cooling during the summer and by providing wind breaks in the winter, whereby reducing air conditioning needs by up to 30 percent and saving 20 to 50 percent on fuel costs. This is a partial list, and there are additional things that can be done to reduce the impact of the development on air quality. The applicant should submit a plan to the DNREC Air Quality Management Section which address the above listed measures, and that details all of the specific emission mitigation measures that will be incorporated into the White Oak Road development Following receipt of this letter and upon filing of an application with the local jurisdiction, the applicant shall provide to the local jurisdiction and the Office of State Planning Coordination a written response to comments received as a result of the pre-application process, noting whether comments were incorporated into the project design or not and the reason therefore. Thank you for the opportunity to review this project. If you have any questions, please contact me at 302-739-3090. Sincerely, Constance C. Holland, AICP Director. Ofc. Of State Planning Coordination CC: City of Dover

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: January 28, 2010 T =============================================================== APPLICATION: Lands of TLFD at White Oak Road FILE#: Z-10-01 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 1. DelDOT has no comments to the proposed rezoning. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: A Traffic Impact Study (TIS) may be required, if the proposed development exceeds 50 VPH or 400 VPD. The department will require the applicant to provide proper forms, fees, and plans in order to be issued an entrance permit. According to Kent County Classification Maps, KCR 66 (White Oak Road) is classified as a local road, which requires a 60-foot wide right of way (30-feet from the centerline). The department will require a Right-Of-Way dedication to public use. Provide a 15’ permanent easement for a multi-use path. If you have any questions or need to discuss any of the above comments, please call the above contact person and the planning department as soon as possible.

K CITY OF DOVER E C DEVELOPMENT ADVISORY COMMITTEE NO D APPLICATION REVIEW COMMENTARY T N I STAFF MEETING DATE: January 28, 2010 S S E T R R V I A C APPLICATION: Lands of TLFD at White Oak Road T T FILE #: Z-10-01 REVIEWING AGENCY: Kent Conservation District I O N CONTACT PERSON: David C. Cahill PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Kent Conservation District has no objection to rezoning of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: The Following comments are advisory and apply to the development of a detailed site plan for this project. A detailed Sediment and Stormwater Management Plan must be approved by our office prior to any land disturbing activity (i.e. clearing, grading, filling, etc.) over 5000 square feet.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: FEBRUARY 25, 2010 APPLICATION: Lands of TLFD at White Oak Road FILE #: Z-10-01 REVIEWING AGENCY: City of Dover Public Utilities Department CONTACT PERSON: Steve Enss - Electric Sharon Duca, P.E. - Water, Wastewater, Stormwater CONTACT PHONE #: 302-736-7070 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC / WATER / WASTEWATER 1. Our office has no objection to the rezoning of tax parcel LC05-068.00-01-18.00-000.. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER 1. None. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. None. WATER 1. City of Dover water service is available to this site. The applicant / developer is responsible for all costs associated with providing service to development on the site including any necessary system upgrades or extensions. WATER/ WASTEWATER 1. City of Dover gravity sanitary sewer service is available to this site. The applicant / developer is responsible for all costs associated with provided service to development on the site including any necessary system upgrades or extensions. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

FINAL READING CITY OF DOVER PROPOSED ORDINANCE #2010-04 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE 2 CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED 3 ON THE SOUTH SIDE OF WHITE OAK ROAD, SOUTH OF MOURNING DOVE LANE. 4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within 5 the limits of the City of Dover; and 6 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of 7 property described below from R-20 (One Family Residence Zone) and subject to the SWPOZ 8 (Source Water Protection Overlay Zone) to R-8 (One Family Residence Zone) and subject to the 9 SWPOZ (Source Water Protection Overlay Zone). 10 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 11 DOVER, IN COUNCIL MET: 12 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 13 Ordinance of the City of Dover have been amended by changing the zoning designation from 14 R-20 (One Family Residence Zone) and subject to the SWPOZ (Source Water Protection 15 Overlay Zone) to R-8 (One Family Residence Zone) and subject to the SWPOZ (Source 16 Water Protection Overlay Zone) on that property located on the south side of 17 White Oak Road, south of Mourning Dove Lane consisting of 12.78+/ acres, owned by TLFD 18 Management, LLC. 19 (Tax Parcel: LC05-068.00-01-18.00-000; Planning Reference: Z-10-01) 20 21 ADOPTED: * 22 S:\ClerksOffice\Rezonings\2010\White Oak Road - South Side\Ordinance-White Oak Road-South Side-Final Rdg.wpd 23 Actions History 24 May 24, 2010 - Proposed Public Hearing/Final Reading - Council 25 April 19, 2010 - Review - Planning Commission 26 April 12, 2010 - Public Hearing/Final Reading Rescheduled - Council 27 March 15, 2010 - Tabled by Planning Commission 28 February 22, 2010 - First Reading - Council

PETITION TO AMEND AND ZONING DISTRICT Public Hearing before the Dover City Council May 24, 2010 Applicants/Owners: Multiple Owners – Request brought forward by homeowners and sponsored by members of Council Location: South side of Hazletteville Road, west of Wyoming Mill Road Tax Parcel ID #: Multiple Size: 88.10+/- acres Present Use: Residential Subdivision – Partially Built Proposed Use: Residential Subdivision Comprehensive Plan Designation: Residential Medium Density Present Zoning: RM-1 (Medium Density Residence Zone) with SWPOZ (Source Water Protection Overlay Zone) Proposed Zoning: R-8 (One Family Residence Zone) with SWPOZ (Source Water Protection Overlay Zone) Reason for Request: To ensure that undeveloped single family detached lots develop as such Planning Commission Recommendation: Following a public hearing on April 19, 2010 where three members of the public spoke in support of the rezoning request, Planning Commission voted to recommend approval of the rezoning request with a vote of 7-0 (2 members absent) File Number: Z-10-02

This zoning change has been requested by residents of the Nottingham Meadows Subdivision, located on the south side of Hazletteville Road, west of Wyoming Mill Road. Four members of City Council sponsored the ordinance to amend the zoning on the subject property. The subject properties are owned by multiple owners, with Stover Homes, LLC owning the majority of the lots. Existing Property: The subject property consists of approximately 88.10 acres that is currently zoned RM-1 and is a platted and partially built residential subdivision including 211 residential lots. While the zoning would permit a variety of housing styles, including townhouses, duplexes and single family detached houses, the development was platted as lots for single family detached dwellings. The residents of Nottingham Meadows have received word that Stover Homes is no longer in operation. In order to ensure that the subdivision builds out as single family detached homes, residents of the subdivision have requested that the City rezone the property to R-8 (One Family Residence Zone). Surrounding Land Uses: The adjacent property to the west is agricultural and is in unincorporated Kent County. The properties located to the south/southeast of Nottingham Meadows are residential and vacant/wooded, also located in unincorporated Kent County. The property located east of Nottingham Meadows, across Wyoming Mill Road is zoned R-20 (One Family Residence Zone) and IO (Institutional and Office), and includes the Masonic Lodge and Schutte Park. Properties located north, across Hazletteville Road are zoned RM-1 (Medium Density Residence Zone) and are the developments of Village of Cannon Mills and Village of Westover, which include a mix of single family detached, duplex, townhouse and apartment units. Comprehensive Plan: In the 2008 Comprehensive Plan, the Land Development Plan recommends that this property be used for Medium Density Residential uses. The requested R-8 (One-Family Residence Zone) and the RM-1 (Medium Density Residence Zone) are both consistent with this category of uses. Request for R-8 (One-Family Residence Zone) The bulk standards (setbacks, building height, etc.) for one-family detached dwelling units within the R-8 (One Family Residence) zone are the same as those for one-family detached dwelling units within the RM-1 (Medium Density Residence) zone; however, the R-8 (One Family Residence) zone is more restrictive in the housing types it allows. The following are permitted within the RM-1 (Medium Density Residence) zone, but not within the R-8 (One Family Residence) zone: one-family lot-line dwellings, duplex dwellings, multiplex dwellings, townhouses, and roominghouses accommodating not more than five roomers. Recommendation of the Planning Staff and Planning Commission: The Planning Staff recommends in favor of the requested rezoning for the following reasons: The requested zoning classification is consistent with the 2008 Comprehensive Plan. The existing platted development is consistent with the R-8 (One Family Residence) zone in terms of the housing types and related bulk standards. Approval of the requested

Z-10-02 Nottingham Meadows Subdivision Report to City Council – May 24, 2010 Page 3 rezoning would ensure that the undeveloped portion of the development develops in accordance with the one family detached housing style currently approved. Staff recommendation was made prior to public hearing. Following a public hearing held on April 19, 2010, where three members of the public spoke in favor of the proposed rezoning, the Planning Commission, moved to recommend approval of the request to rezone the subject property from RM-1 with SWPOZ to R-8 with SWPOZ. The motion was carried with a vote of 7-0 with two members absent. An excerpt from the meeting minutes is below for reference: Excerpt from Planning Commission Minutes of April 19, 2010: Z-10-02 Nottingham Meadows Subdivision at Hazlettville Road - Public Hearing and Recommendation to City Council on a rezoning application brought forward by homeowners in Nottingham Meadows and sponsored by members of City Council. It consists of 217 parcels of land consisting of a total of 88.10 acres ±. The property is currently zoned RM-1 (Medium Density Residence Zone) and a portion of the properties are subject to the SWPOZ (Source Water Protection Overlay Zone). The proposed zoning is R-8 (One Family Residence Zone) and properties subject to the SWPOZ (Source Water Protection Overlay Zone) will remain so, those not currently subject to the SWPOZ will not have their zoning changed to include the SWPOZ. The subject area is located on the south side of Hazlettville Road, west of Wyoming Mill Road. The application involves multiple owners of record. The Tax Parcel ID numbers involved encompass the entire residential subdivision. Council District 2. Representatives: None Mrs. Townshend presented an overview of the application. Mr. Hemmig questioned if this would affect all the properties including the ones that are currently occupied. Responding to Mr. Hemmig, Mrs. Townshend stated yes. One thing she failed to mention is that there are a number of lots within the development that are subject to the Source Water Protection Overlay Zone (SWPOZ) and that overlay would remain in effect. Essentially it does not have a lot of impact at the moment because it is essentially already developed and would not come into play unless something came back to the Planning Commission. Mr. Friedman opened a public hearing. Mr. Alex Martin – 121 Derbyshire Avenue – Stated that they are a development that has been abandoned by the builder, Stover Homes. As a community, we got a petition that we sent to City Council that you will review tonight with around forty-eight (48) signatures of community people that live here requesting this zoning because we have really put our trust on that builder to have a certain kind of community space for us. We are concerned that someone else will come in and not live up to those expectations. He asked that those who were here for this application to stand up and be counted. (There were twenty-two (22) people in attendance in favor of this application.) Mr. James Murry – 440 Bellvue Court – Stated that when his wife and he first visited Nottingham Meadows we went to the sales office and what we liked was that when we went in they had a big layout of all single family homes. There were no townhomes or condominiums or multi-homes in the layout of the development. This is what we wanted and is why we wanted to go there. He believes that it was Stover’s plan to keep it all single family at that time. Unfortunately, it looks like

Z-10-02 Nottingham Meadows Subdivision Report to City Council – May 24, 2010 Page 4 he is out of the picture now and what we are trying to do is keep that stability of single family homes there. Mr. Peter Thompson – 22 Brittingham Drive – Stated that paragraph 2 on the covenant of their deed restrictions states that all lots shall be used only for single family dwelling homes and that is what we thought we were getting. We did not realize that it was not zoned as such until we looked at the survey. We want to make sure that we look out for our own interests. We have been abandoned by the developer and need your help. Mr. Friedman closed the public hearing after seeing no one else wishing to speak. Mrs. Townshend stated that Staff sent out a correspondence received in the meeting packet regarding an email from a Mr. Brian Hoyt at 337 Gillibrook Lane in which he expresses his support for the rezoning. Mr. Holt moved to forward to City Council approval of Z-10-02 Nottingham Meadows Subdivision at Hazlettville Road from RM-1 to R-8, seconded by Mr. Hemmig. (At this time there was further discussion) Mr. Hemmig stated that he would like to congratulate the residents of Nottingham Meadows this evening for coming together as a group and seeing them taking action. You should be proud of yourselves. Mrs. Townshend asked if the motion could be amended to reference the Source Water Protection Overlay Zone (SWPOZ). Mr. Holt stated that he would amend the motion to include the Source Water Protection Overlay Zone, seconded by Mr. Hemmig and the motion was unanimously carried 7-0 with Mr. Ambruso and Colonel Welsh absent. Attachments: Exhibit Map Property Address List Letter from Peter Thompson w/ signature attachment E-mail from Brian Hoyt DAC Agency Comments

Nottingham Meadows Subdivision RM-1 RM-1 RM-1 RM-1 Gagen ak e RM-1 r eld Sh on r Leste IO nn Ca M ill RM-1 e ill t tv z le Ha e al ond x Sa Der h bys ok ro ire i llb G e al euv B Bri tt RM-1 om gh am Wy in l Mil ing R-20 ¯ City of Dover Department of Planning Nottingham Meadows February 23, 2010 0 240 480 960 Feet

Nottingham Homes Owner List PARCELID Property Address OWNER Owner Address OWN_AD2 City State Zip ED05‐076.03‐04‐67.00 416 BEUVALE LN MELSON,CHRISTIAN P & ARMOUR,NICOLE M 416 BEUVALE LN DOVER DE 19904 ED05‐076.03‐04‐18.00 121 DERBYSHIRE AVE MARTIN,ALEXANDER J & HANGGI,SANDRA G PO BOX 571 DOVER DE 19903 ED05‐076.03‐04‐13.00 101 DERBYSHIRE AVE SARGEANT,RUTH E 101 DERBYSHIRE AVE DOVER DE 19904 ED05‐076.03‐04‐14.00 105 DERBYSHIRE AVE CRAWFORD,TOMEKA 105 DERBYSHIRE AVE DOVER DE 19904 ED05‐076.03‐04‐15.00 109 DERBYSHIRE AVE VANDERVEER,ALFRED 109 DERBYSHIRE AVE DOVER DE 19904 ED05‐076.03‐06‐15.00 11 BRITTINGHAM DR WHITE,DONALD & ERNESTINE 11 BRITTINGHAM DR DOVER DE 19904 ED05‐076.03‐04‐06.00 11 DERBYSHIRE CT HEREDIA,ALDEMAR & MARY 11 DERBYSHIRE COURT DOVER DE 19904 ED05‐076.03‐04‐16.00 113 DERBYSHIRE AVE HOPKINS,JESSE A SR 113 DERBYSHIRE AVE DOVER DE 19904 ED05‐076.03‐04‐17.00 117 DERBYSHIRE AVE FARRELL,EDWARD F & ODELLA 117 DERBYSHIRE AVE DOVER DE 19904 ED05‐076.03‐04‐19.00 125 DERBYSHIRE AVE BHAYDE,SASMIT 125 DERBYSHIRE AVE DOVER DE 19904 ED05‐076.03‐04‐20.00 129 DERBYSHIRE AVE HOFF,JAMES R & TAMARIN G 129 DERBYSHIRE AVE DOVER DE 19904 ED05‐076.03‐06‐16.00 15 BRITTINGHAM DR MAINA,LUCY & MARYANNE 15 BRITTINGHAM DR DOVER DE 19904 ED05‐076.03‐04‐07.00 15 DERBYSHIRE CT WIDDOWSON,BRYCE L & LYNN R 15 DERBYSHIRE CT DOVER DE 19904 ED05‐076.03‐04‐08.00 18 DERBYSHIRE CT HALEY,THOMAS & LEON,CAROL 18 DERBYSHIRE CT DOVER DE 19904 ED05‐076.03‐04‐12.00 2 DERBYSHIRE CT HITE,ANDREW E & GORDY,JENNIFER 2 DERBYSHIRE CT DOVER DE 19904 ED05‐076.03‐05‐52.00 829 BRINSLEY DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐51.00 825 BRINSLEY DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐50.00 821 BRINSLEY DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐49.00 817 BRINSLEY DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐48.00 813 BRINSLEY DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐47.00 809 BRINSLEY DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐46.00 805 BRINSLEY DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐45.00 801 BRINSLEY DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05 076.03 ‐076.03‐05‐44.00 700 NEWTHORPE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐43.00 704 NEWTHORPE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐42.00 708 NEWTHORPE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐41.00 712 NEWTHORPE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐40.00 716 NEWTHORPE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐39.00 720 NEWTHORPE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐38.00 724 NEWTHORPE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐37.00 728 NEWTHORPE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐36.00 732 NEWTHORPE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐35.00 733 NEWTHORPE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐34.00 729 NEWTHORPE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐33.00 725 NEWTHORPE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐32.00 721 NEWTHORPE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐31.00 717 NEWTHORPE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐30.00 713 NEWTHORPE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐29.00 709 NEWTHORPE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐28.00 705 NEWTHORPE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐27.00 701 NEWTHORPE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐26.00 600 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 Page 1 of 6

Nottingham Homes Owner List ED05‐076.03‐05‐25.00 604 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐24.00 608 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐23.00 612 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐22.00 616 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐21.00 620 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐20.00 624 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐19.00 628 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐17.00 636 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐16.00 637 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐15.00 633 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐14.00 629 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐13.00 625 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐12.00 621 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐83.00 50 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐82.00 54 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐81.00 58 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐80.00 62 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐79.00 66 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐78.00 70 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐77.00 74 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐76.00 78 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐75.00 82 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐74.00 86 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐73.00 90 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05 076.03 ‐076.03‐05‐72.00 94 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐71.00 98 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐70.00 102 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐69.00 106 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐68.00 110 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐67.00 114 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐66.00 118 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐65.00 122 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐64.00 123 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐63.00 119 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐62.00 800 BRINSLEY DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐61.00 804 BRINSLEY DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐60.00 808 BRINSLEY DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐59.00 812 BRINSLEY DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐58.00 816 BRINSLEY DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐57.00 820 BRINSLEY DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐56.00 824 BRINSLEY DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐11.00 617 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐10.00 613 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 Page 2 of 6

Nottingham Homes Owner List ED05‐076.03‐05‐09.00 609 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐08.00 605 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐07.00 601 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐06.00 500 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐05.00 504 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐04.00 508 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐03.00 512 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐02.00 516 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐01.00 520 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐87.00 524 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐86.00 528 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐85.00 532 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐84.00 536 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐83.00 540 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐82.00 3000541 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐81.00 537 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐80.00 533 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐79.00 529 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐78.00 525 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐77.00 521 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐76.00 517 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐75.00 513 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐74.00 509 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐73.00 505 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05 076.03 ‐076.03‐04‐72.00 501 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐71.00 400 BEUVALE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐70.00 404 BEUVALE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐69.00 408 BEUVALE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐66.00 420 BEUVALE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐64.00 428 BEUVALE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐59.00 445 BEUVALE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐56.00 433 BEUVALE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐47.00 312 GILLIBROOK LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐45.00 320 GILLIBROOK LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐43.00 328 GILLIBROOK LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐41.00 336 GILLIBROOK LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐38.00 329 GILLIBROOK LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐37.00 325 GILLIBROOK LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐33.00 309 GILLIBROOK LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐32.00 305 GILLIBROOK LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐98.00 BRITTINGHAM DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐94.00 34 BRITTINGHAM DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐92.00 42 BRITTINGHAM DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 Page 3 of 6

Nottingham Homes Owner List ED05‐076.03‐05‐91.00 55 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐90.00 51 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐89.00 47 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐88.00 43 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐87.00 39 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐86.00 35 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐85.00 31 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐84.00 27 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐06‐14.00 7 BRITTINGHAM DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐06‐13.00 3 BRITTINGHAM DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐06‐18.00 BRITTINGHAM DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐06‐12.00 12 BRITTINGHAM DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐06‐11.00 7 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐06‐10.00 11 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐06‐09.00 15 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐06‐08.00 19 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐06‐07.00 22 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐06‐06.00 26 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐06‐05.00 30 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐06‐04.00 34 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐06‐03.00 38 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐06‐02.00 42 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐06‐01.00 46 WELLINGTON AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐99.00 BRINSLEY DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05 076.03 ‐076.03‐04‐98.00 189 DERBYSHIRE AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐97.00 185 DERBYSHIRE AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐96.00 181 DERBYSHIRE AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐95.00 177 DERBYSHIRE AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐94.00 173 DERBYSHIRE AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐93.00 169 DERBYSHIRE AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐92.00 165 DERBYSHIRE AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐91.00 161 DERBYSHIRE AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐90.00 157 DERBYSHIRE AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐89.00 153 DERBYSHIRE AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐88.00 149 DERBYSHIRE AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐18.00 632 NETHERMERE LN STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐06‐17.00 BRITTINGHAM DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐99.00 DERBYSHIRE AVE STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐55.00 828 BRINSLEY DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐54.00 832 BRINSLEY DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐05‐53.00 836 BRINSLEY DR STOVER HOMES LLC 2099 S DUPONT HWY DOVER DE 19901 ED05‐076.03‐04‐27.00 212 SAXONDALE LN LA MOND,BEATRICE J 212 SAXONDALE LN DOVER DE 19904 ED05‐076.03‐04‐26.00 216 SAXONDALE LN SCOTT,RICHARD O & ANNIE L 216 SAXONDALE LANE DOVER DE 19904 Page 4 of 6

Nottingham Homes Owner List ED05‐076.03‐05‐97.00 22 BRITTINGHAM DR THOMPSON,PETE L & VICKIE J 22 BRITTINGHAM DR DOVER DE 19904 ED05‐076.03‐04‐25.00 220 SAXONDALE LN BARKMAN,NORMAN 220 SAXONDALE LN DOVER DE 19904 ED05‐076.03‐04‐01.00 221 SAXONDALE LN NAGASE,GEORGE 221 SAXONDALE LN DOVER DE 19904 ED05‐076.03‐04‐24.00 224 SAXONDALE LN PACKHAM,CHARLTON & KRISTINA 224 SAXONDALE LN DOVER DE 19904 ED05‐076.03‐04‐02.00 225 SAXONDALE LN MESTRO,TERRI LYNN 225 SAXONDALE LN DOVER DE 19904 ED05‐076.03‐04‐23.00 228 SAXONDALE LN SUBRAMANIYAM,VENKATARAMAN 228 SAXONDALE LN DOVER DE 19904 ED05‐076.03‐04‐30.00 23 BRITTINGHAM DR VEMULAPALLI,RAMESH 23 BRITTINGHAM DR DOVER DE 19904 ED05‐076.03‐04‐22.00 232 SAXONDALE LN GOGOLA,LINDA 232 SAXONDALE LN DOVER DE 19904 ED05‐076.03‐04‐04.00 233 SAXONDALE LN VALECZ,LARRY & JOYCE 233 SAXONDALE LN DOVER DE 19904 ED05‐076.03‐04‐21.00 236 SAXONDALE LN GAROFALO,DONALD & RUTH A 236 SAXONDALE LN DOVER DE 19904 ED05‐076.03‐05‐96.00 26 BRITTINGHAM DR GASTON,BRICE 26 BRITTINGHAM DR DOVER DE 19904 ED05‐076.03‐04‐31.00 27 BRITTINGHAM DR JENSEN,ALLAN C & BETTY L 27 BRITTINGHAM DR DOVER DE 19904 ED05‐076.03‐04‐50.00 300 GILLIBROOK LN CATIPAY,B EUGENE & MA RONA 300 GILLIBROOK LN DOVER DE 19904 ED05‐076.03‐04‐49.00 304 GILLIBROOK LN MOROZOWICH,MILTON F 304 GILLIBROOK LN DOVER DE 19904 ED05‐076.03‐04‐48.00 308 GILLIBROOK LN PEER,LAURENCE F & LORETTA T 308 GILLIBROOK LN DOVER DE 19904 ED05‐076.03‐04‐34.00 313 GILLIBROOK LN OLIVER,CHARLIE & LILY B 313 GILLIBROOK LN DOVER DE 19904 ED05‐076.03‐04‐46.00 316 GILLIBROOK LN PORTELLI,JOSEPH & CHERYL L 316 GILLBROOK LN DOVER DE 19904 ED05‐076.03‐04‐35.00 317 GILLIBROOK LN COBURN,RONALD L & DAWN 317 GILLIBROOK LN DOVER DE 19904 ED05‐076.03‐04‐36.00 321 GILLIBROOK LN CHEVERE,ROBERT 321 GILLIBROOK LN DOVER DE 19904 ED05‐076.03‐04‐44.00 324 GILLIBROOK LN GLECKLER,WILLIAM B & MEAGAN R 324 GILLIBROOK LN DOVER DE 19904 ED05‐076.03‐04‐03.00 229 SAXONDALE LN TRAFFORD,STUART E 328 BRADLEY RD DOVER DE 19901 ED05‐076.03‐04‐42.00 332 GILLIBROOK LN BARKSDALE,SONYA T 332 GILLIBROOK LN DOVER DE 19904 ED05‐076.03‐04‐39.00 333 GILLIBROOK LN HALPERN,MICHAEL J & BETHANY 333 GILLIBROOK LN DOVER DE 19904 ED05‐076.03‐04‐40.00 337 GILLIBROOK LN HOYT,BRIAN & CRAIG,JULIE 337 GILLIBROOK LANE DOVER DE 19904 ED05 076.03 ‐076.03‐05‐93.00 38 BRITTINGHAM DR ROBINSON,CHARLES D 38 BRITTINGHAM DR DOVER DE 19904 ED05‐076.03‐04‐68.00 412 BEUVALE LN DAVIS,CHARLES SR 412 BEUVALE LN DOVER DE 19904 ED05‐076.03‐04‐51.00 413 BEUVALE LN DEPUTY,TERRY L 413 BEUVALE LN DOVER DE 19904 ED05‐076.03‐04‐52.00 417 BEUVALE LN NORTHERN,RAYVON 417 BEUVALE LN DOVER DE 19904 ED05‐076.03‐04‐53.00 421 BEUVALE LN STANSBURY,MARTI 421 BEUVALE LN DOVER DE 19904 ED05‐076.03‐04‐65.00 424 BEUVALE LN OKONEWSKI,DAVID R & KARA E 424 BAUVALE LN DOVER DE 19904 ED05‐076.03‐04‐54.00 425 BEUVALE LN GIBBS,JASON C 425 BEUVALE LN DOVER DE 19904 ED05‐076.03‐04‐62.00 436 BEUVALE LN FAIR,BRENDA L & CAROL J 436 BEUVALE LN DOVER DE 19904 ED05‐076.03‐04‐57.00 437 BEUVALE LN BAKER,BELINDA R 437 BEUVALE LN DOVER DE 19904 ED05‐076.03‐04‐61.00 440 BEUVALE LN MURRAY,JAMES & LOIS 440 BEUVALE LN DOVER DE 19904 ED05‐076.03‐04‐58.00 441 BEUVALE LN EVANS,GINA F 441 BEUVALE LN DOVER DE 19904 ED05‐076.03‐04‐60.00 444 BEUVALE LN BOSQUE,EDDIE P & CRESCELIA R 444 BEUVALE LN DOVER DE 19904 ED05‐076.03‐04‐11.00 6 DERBYSHIRE CT PERRATTO,BONNIE 6 DERBYSHIRE CT DOVER DE 19904 ED05‐076.03‐04‐05.00 7 DERBYSHIRE CT WEATHERSBY,BEVERLY L 7 DERBYSHIRE CT DOVER DE 19904 ED05‐076.03‐05‐95.00 30 BRITTINGHAM DR RICHTER,MARK S & DONNA J 8408 JOVIN CIR SPRINGFIELD VA 22153 ED05‐076.03‐04‐63.00 432 BEUVALE LN GRAHAM,JOHN L & BENTLEY‐GRAHAM,ARLENE 432 BEUVALE LN DOVER DE 19904 ED05‐076.03‐04‐29.00 204 SAXONDALE LN BANEZ,NOMER 204 SAXONDALE LN DOVER DE 19904 ED05‐076.03‐04‐10.00 10 DERBYSHIRE CT SIMMONS,DAVID F & PEREZ,E JULIE 10 DERBYSHIRE CT DOVER DE 19904 ED05‐076.03‐04‐55.00 429 BEUVALE LN RODRIGUEZ,BENIGNO G & RODRIGUEZ,MILDRED C 429 BEUVALE LN DOVER DE 19904 Page 5 of 6

Nottingham Homes Owner List ED05‐076.03‐04‐28.00 208 SAXONDALE LN SMITH,MICHAEL L & SMITH,SARAH S 208 SAXONDALE LANE DOVER DE 19904 ED05‐076.03‐04‐09.00 14 DERBYSHIRE CT WEINBERG,BRAD E & WEINBERG,JULIE E 9305 CRANFORD DR POTOMAC MD 20854 Page 6 of 6

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: APRIL 1, 2010 APPLICATION: Nottingham Meadows Subdivision FILE #: Z-10-02 REVIEWING AGENCY: City of Dover Public Utilities Department CONTACT PERSON: Steve Enss - Electric Sharon Duca, P.E. - Water, Wastewater, Stormwater CONTACT PHONE #: 302-736-7070 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC / WATER / WASTEWATER 1. Our office has no objection to the rezoning of this subdivision RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER 1. None. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC / WATER / WASTEWATER 1. Any replatting of this subdivision will require further review by the Public Utilities Department regarding electric design and water / wastewater utility plans. STORMWATER / GENERAL 1. Any replatting of this subdivision will require further review by the Public Utilities Department, on behalf of the Public Services Department, regarding storm sewer and road plans. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: March 30, 2010 T =============================================================== APPLICATION: Nottingham Meadows Subdivision at Hazlettville Road FILE#: Z-10-02 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 1. DelDOT has no comments to the proposed rezoning. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: • A Traffic Impact Study (TIS) may be required, if the proposed re-development exceeds 50 VPH or 400 VPD. • The department will require the applicant to provide proper forms, fees, and plans in order to be issued an entrance permit. • According to Kent County Classification Maps, KCR 73 (Hazlettville Road) is classified as a major collector road, which requires an 80-foot wide right-of-way (40-feet from the centerline). The department will require a Right-Of-Way dedication to public use. • Provide a 15’ permanent easement for a multi-use path. If you have any questions or need to discuss any of the above comments, please call the above contact person and the planning department as soon as possible.

K CITY OF DOVER E C DEVELOPMENT ADVISORY COMMITTEE NO D APPLICATION REVIEW COMMENTARY T N I STAFF MEETING DATE: April 1, 2010 S S E T R R V I A C APPLICATION: Nottingham Meadows T T FILE #: Z-10-02 REVIEWING AGENCY: Kent Conservation District I O N CONTACT PERSON: David C. Cahill PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Kent Conservation District has no objection to rezoning of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: The Following comments are advisory and apply to the development of a detailed site plan for this project. • A detailed Sediment and Stormwater Management Plan must be approved by our office prior to any land disturbing activity (i.e. clearing, grading, filling, etc.) over 5000 square feet.

FINAL READING CITY OF DOVER PROPOSED ORDINANCE #2010-08 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE 2 CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED 3 ON THE SOUTH SIDE OF HAZLETTVILLE ROAD, WEST OF WYOMING MILL ROAD. 4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within 5 the limits of the City of Dover; and 6 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of 7 property described below from RM-1 (Medium Density Residence Zone) and subject to the SWPOZ 8 (Source Water Protection Overlay Zone) to R-8 (One Family Residence Zone) and subject to the 9 SWPOZ (Source Water Protection Overlay Zone) 10 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 11 DOVER, IN COUNCIL MET: 12 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 13 Ordinance of the City of Dover have been amended by changing the zoning designation from 14 RM-1 (Medium Density Residence Zone) and subject to the SWPOZ (Source Water 15 Protection Overlay Zone) to R-8 (One Family Residence Zone) and subject to the SWPOZ 16 (Source Water Protection Overlay Zone) on that property located on the south side of 17 Hazlettville Road, west of Wyoming Mill Road, consisting of 88.10+/- acres, owned by 18 multiple owners. 19 (Planning Reference: Z-10-02) 20 (SPONSORS: LEARY , MCGLUMPHY , RUANE, AND WILLIAMS) 21 ADOPTED: * 22 S:\ClerksOffice\Rezonings\2010\S. Side of Hazlettville Rd., West of Wyoming Mill Rd (Nottingham Meadows)\Ordinance-S. Side of Hazlettville Rd., West of Wyoming Mill Rd. (Nottingham Meadows) 23 Final Reading.wpd 24 Actions History 25 May 24, 2010 - Proposed Public Hearing/Final Reading 26 April 19, 2010 - Planning Commission 27 March 8, 2010 - 1 st Reading - Council

PETITION TO AMEND ZONING DISTRICT Before the Dover City Council May 24, 2010 Applicants/Owners: David & Sherry Blake Address: 1059 Horsepond Road, Dover Location: East side of Horsepond Road, south of Lafferty Lane Tax Parcel ID #: ED05-078.13-01-17.00-000 Size: 1.8612+/- acres (81,073 S.F.) Present Use: Storage Proposed Use: Storage/Office Comprehensive Plan Designation: Industrial and Public Utilities Present Zoning: M (Manufacturing Zone) and AEOZ Proposed Zoning: C-3 (Service Commercial Zone) and AEOZ Reason for Request: To have the current usage of the property match the existing zoning Planning Commission Recommendation: Following a public hearing on April 19, 2010 where one member of the public spoke in favor of the proposed rezoning, Planning Commission voted to recommend approval of the rezoning request with a vote of 7-0 (two members absent). File Number: Z-10-03

This rezoning application consists of one parcel of land owned by David & Sherry Blake. This property at 1059 Horsepond Road consists of a total of 1.8612 acres ± (81,073 S.F.). The property is currently zoned M (Manufacturing Zone) and is subject to the AEOZ Airport Environs Overlay Zone Accident Potential Zone as well as Noise Zone B. The proposed zoning is C-3 (Service Commercial Zone) and subject to the AEOZ Airport Environs Overlay Zone Accident Potential Zone as well as Noise Zone B. The subject area is located on the east side of Horsepond Road, south of Lafferty Lane. Tax Parcel: ED05-078.13-01-17.00-000 Existing Property: The subject parcel is currently used as storage. This use is a permitted use under the Manufacturing Zone. The applicant wishes to potentially expand this operation and to include an office to support the existing use. Surrounding Land Uses: The land adjacent to the site and across Horsepond Road is all zoned R-8 (One Family Residence Zone). It is all residential in nature though it should be noted that future development of residential properties is not permitted in the AEOZ. Lands to the north are located within Kent County jurisdiction and are zoned IG (General Industrial District). Lands to the east and south are located within Kent County and are zoned AC (Agricultural Conservation District). Comprehensive Plan: In the 2008 Comprehensive Plan, the Land Development Plan (Map 12-1 as amended) recommends that this property be used for Industrial and Public Utilities. The requested C-3 (Service Commercial Zone) is consistent with this category of uses. Request for C-3 (Service Commercial Zone) The following description of the C-3 zoning district is provided from Article 3 §15 of the Zoning Ordinance. Section 15. Service commercial zone (C-3). 15.1Uses permitted. No building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any purpose, except the following: 15.11 Service establishments including dry cleaning and laundry plants. 15.12 Wholesale, storage, and warehousing establishments. 15.13 Bowling alleys, and animal hospitals. 15.14 Motor vehicle, boat or farm equipment sales or service. 15.15 Motor vehicle service stations, subject to the following regulations: (a) The minimum lot size for such service stations shall be 20,000 square feet, and the minimum street frontage shall be 150 feet. (b) Entrance and exit driveways shall have an unrestricted width of not less than 16 feet, shall be located not nearer than ten feet from any property line and shall be so laid out as to avoid the necessity of any vehicle leaving the property to back out across any public right-of-way or portion thereof. (c) Vehicle lifts or pits, dismantled and disabled automobiles and all parts or supplies shall be located within a building enclosed on all sides. (d) All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building fully enclosed on all sides. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times.

Z-10-03 Lands of Blake Report to City Council –May 24, 2010 Page 3 (e) The storage of gasoline or flammable oils in bulk shall be located fully underground in accordance with applicable provisions of the National Fire Protection Association Code. (f) No gasoline pumps shall be located nearer than 15 feet to any street line. (g) No building permit for a motor vehicle service station shall be issued [for a station] with a fuel dispenser system located closer than 100 feet from a property line of any school, day care, church, hospital, nursing home, or place of public assembly designed for the simultaneous use and occupancy by more than 100 persons. 15.16 Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products for sale on or off the premises, provided that not more than 25 persons shall be engaged in such activity; and provided further, that any such use shall be subject to the performance standards procedure as set forth in article 5, section 8. 15.17 Newspaper and job printing. 15.18 Ministorage facilities, subject to the following regulations: (a) No unit shall be placed within 30 feet of any other structure on the lot or a residential property line. (b) No outside storage, except for recreational vehicles, boats or personal automobiles, when completely screened from view and parked in specifically approved locations. Parking for these vehicles shall not count toward the required parking set forth in subsection (e) below. (c) No individual unit may be used for retail, garage sale or any other commercial activities. (d) No storage of flammable, explosive, corrosive or other hazardous products may occur in the individual unit. (e) Parking must be provided at a ratio of one space for each 25 rental units, plus a minimum of three spaces for an office outside of the enclosure. One row of parallel parking is permitted between buildings at a ratio of one space per 25 feet. (f) All other bulk requirements of this ordinance are [to be] met. 15.2Uses prohibited. The following uses are prohibited: Residences, other than living quarters for not more than one family incidental to each permitted building on each lot for the use of the owner or caretaker of such building or of the owner or caretaker of the permitted use or uses housed in such building. 15.3Performance standards. All uses are subject to performance standards as set forth in article 5, section 8.1. 15.4Site development plan approval. Site development plan approval in accordance with article 10, section 2 hereof shall be required prior to the issuance of building permits for the erection or enlargement of all structures and prior to the issuance of certificates of occupancy for any change of use. 15.5Landscaping. A landscaped strip of open space no less than ten feet wide shall be maintained along all street lines, except where crossed by necessary access drives. (Ord. of 3-22-1993; Ord. of 5-22-2000; Ord. Of 5-22-2000; Ord. of 7-10-2000; Ord. of 2-12-2001; Ord. of 7-23-2001) Recommendation of the Planning Staff and Planning Commission: The zoning requested is consistent with the 2008 Comprehensive Plan as amended 2009 and it is compatible with the surrounding land uses and zoning classifications. For this reason, staff supports the rezoning request. The existing use of the property, as storage, is permitted under the current M (Manufacturing Zone) as well as under the C-3 (Service Commercial Zone). However, the applicant proposes to extend the use with office space in the future, which would only be possible with C-3 zoning under the current land use. Staff recommendation was provided prior to public comment. On April 19, 2010, following a public hearing where one member of the public spoke in favor of the proposed rezoning, the

Z-10-03 Lands of Blake Report to City Council –May 24, 2010 Page 4 Planning voted to recommend approval of the rezoning as requested by the applicant with a vote of 7-0 (2 members absent). An excerpt from the meeting minutes is below for reference: Excerpt from Planning Commission Minutes of April 19, 2010: Z-10-03 Lands of Blake at 1059 Horsepond Road - Public Hearing and Recommendation to City Council on a rezoning application consists of one parcel of land consisting of a total of 1.8612 acres ±. The property is currently zoned M (Manufacturing Zone) and AEOZ (Airport Environs Overlay Zone). The proposed zoning is C-3 (Service Commercial Zone) and AEOZ (Airport Environs Overlay Zone). The subject property is located on the east side of Horsepond Road, south of Lafferty Lane. The owners of record are David and Sherry Blake. Property Address: 1059 Horsepond Road. Tax Parcel: ED05-078.13-01-17.00-000. Council District 2. Representative: Mr. David Blake, Property Owner. Mr. Albert presented an overview of the application. There were no questions from any Planning Commission members. Mr. Friedman opened a public hearing. Mr. Chris Coker – Stated that he owns adjoining property and the farm located behind this project and is supportive of what he (the applicant) wants to do. Mr. Tolbert moved to recommend to City Council approval of rezoning rom M to C-3 with AEOZ Z-10-03 Lands of Blake at 1059 Horesepond Road, seconded by Mr. Holt and the motion was unanimously carried 7-0 with Mr. Ambruso and Colonel Welsh absent. Attachments: Exhibit Map DAC Agency Comments

City of Dover Application No.: Z-10-03 Department of Planning & Inspections HO N EPO RS C-3 DR OA D D BULL OG D RIVE R-8 Site M IPM Legend Plan Title: Lands of Blake Dover Parcels Location: Horsepond Road Zoning Plan Type: Rezoning County Parcels Tax Parcel: ED05-078.13-01-17.00-000 Noise Zone A Zoning: M and AEOZ Noise Zone B Proposed Zoning: C-3 and AEOZ Owner: David & Sherry Blake Noise Zone C Date: 3-11-10 Noise Zone D APZ I « APZ II 0 170 340 680 Feet CZ

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: APRIL 1, 2010 APPLICATION: Lands of Blake, 1059 Horsepond Road FILE #: Z-10-03 REVIEWING AGENCY: City of Dover Public Utilities Department CONTACT PERSON: Steve Enss - Electric Sharon Duca, P.E. - Water, Wastewater, Stormwater CONTACT PHONE #: 302-736-7070 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC / WATER / WASTEWATER 1. Our office has no objection to the rezoning of tax parcel ED05-078.13-01-17.00-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER 1. None. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. None. WATER / WASTEWATER 1. Should redevelopment occur on this site, the applicant / developer will be responsible for all costs associated with provided the appropriate service to the site based upon the use including any necessary system upgrades or extensions. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: March 30, 2010 T =============================================================== APPLICATION: Lands of Blake at 1059 Horsepond Road FILE#: Z-10-03 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 1. DelDOT has no comments to the proposed rezoning. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: • A Traffic Impact Study (TIS) may be required, if the proposed development exceeds 50 VPH or 400 VPD. • The department will require the applicant to provide proper forms, fees, and plans in order to be issued an entrance permit. • According to Kent County Classification Maps, KCR 66 (Horsepond Road) is classified as a major collector road, which requires a 80-foot wide right of way (40-feet from the centerline). The department will require a Right-Of-Way dedication to public use. If you have any questions or need to discuss any of the above comments, please call the above contact person and the planning department as soon as possible.

K CITY OF DOVER E C DEVELOPMENT ADVISORY COMMITTEE NO D APPLICATION REVIEW COMMENTARY T N I STAFF MEETING DATE: April 1, 2010 S S E T R R V I A C APPLICATION: Lands of Blake @ 1059 Horsepond Road T T FILE #: Z-10-03 REVIEWING AGENCY: Kent Conservation District I O N CONTACT PERSON: David C. Cahill PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Kent Conservation District has no objection to rezoning of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: The Following comments are advisory and apply to the development of a detailed site plan for this project. • A detailed Sediment and Stormwater Management Plan must be approved by our office prior to any land disturbing activity (i.e. clearing, grading, filling, etc.) over 5000 square feet.

FINAL READING CITY OF DOVER PROPOSED ORDINANCE #2010-09 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE 2 CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED 3 AT 1059 HORSEPOND ROAD 4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within 5 the limits of the City of Dover; and 6 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of 7 property described below from M (Manufacturing) and subject to the AEOZ (Airport Environs 8 Overlay Zone) to C-3 (Service Commercial Zone) and subject to the AEOZ (Airport Environs 9 Overlay Zone). 10 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 11 DOVER, IN COUNCIL MET: 12 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 13 Ordinance of the City of Dover have been amended by changing the zoning designation from 14 M (Manufacturing) and subject to the AEOZ (Airport Environs Overlay Zone) to C-3 15 (Service Commercial Zone) and subject to the AEOZ (Airport Environs Overlay Zone) on 16 that property located at 1059 Horsepond Road (on the east side of Horsepond Road, south 17 of Lafferty Lane), consisting of 1.8612+/- acres, owned by David E. Blake and 18 Sherry A. Blake. 19 (Tax Parcel: ED05-078.13-01-17.00-000; Planning Reference: Z-10-03) 20 ADOPTED: * 21 S:\ClerksOffice\Rezonings\2010\1059 Horsepond Road\Ordinance-1059 Horsepond Rd-Final Rdg.wpd 22 Actions History 23 May 24, 2010 - Proposed Public Hearing/Final Reading - Council 24 April 19, 2010 - Review - Planning Commission 25 March 22, 2010 - First Reading - Council

PETITION TO AMEND ZONING DISTRICT Before the Dover City Council May 24, 2010 Applicants/Owners: Young Men’s Christian Association of Delaware, Inc. (YMCA) Address: 1169 South State Street, Dover Location: East side of South State Street, north of Roosevelt Avenue/Wyoming Avenue Tax Parcel ID #: ED-05-077.17-05-58.00-000 Size: 0.6899+/- acres (30,052 S.F.) Present Use: Vacant land; Previous dwelling on property was demolished Proposed Use: YMCA expansion (Building and Parking) Comprehensive Plan Designation: Mixed Use Present Zoning: RGO (General Residence and Office Zone) Proposed Zoning: IO (Institutional and Office Zone) Reason for Request: To have all YMCA properties with the same zoning classification Planning Commission Recommendation: Following a public hearing on April 19, 2010, the Planning Commission moved to approve the request to rezone the subject property from RGO to IO. The motion was carried 7-0, with two members absent. File Number: Z-10-04

Z-10-04 Lands of YMCA, Inc. at 1169 South State Street Planning Commission Recommendation Report to City Council for May 24, 2010 Page 2 This rezoning application consists of one parcel of land owned by Young Men’s Christian Association of Delaware, Inc. (YMCA). This property at 1169 South State Street consists of a total of 0.6899 acres ± (30,052 S.F.). The property is currently zoned RGO (General Residence and Office Zone). The proposed zoning is IO (Institutional and Office Zone). The subject area is located on the east side of South State Street, north of Roosevelt Avenue/Wyoming Avenue. Tax Parcel: ED05-077.17-05-58.00-000 Existing Property: The subject parcel is currently vacant. The previous two story house and accessory structure located on the property were demolished under Demolition Permit #09-1474.The site has been stabilized with the planting of grass. Surrounding Land Uses: The land directly adjacent to the subject site on the north is the existing location of the YMCA building and its associated parking lot and outdoor play and game court areas. This YMCA property is zoned IO (Institutional and Office Zone). The adjacent property to the east is also zoned IO and is currently vacant. There is a residential community known as Morris Estates is located to the east which is zoned R-8 (One Family Residence Zone). The property located immediately south of the subject site is the Ambruso Funeral Home; this parcel is zoned R-8 (One Family Residence Zone). To the west across South State Street is a series of properties with the residential zoning of R-8 and to the northwest several properties zoned RGO utilized as offices. Comprehensive Plan: In the 2008 Comprehensive Plan, the Land Development Plan (Map 12-1 as amended, dated 11/23/2009) recommends that this property be used for Mixed Use. In the text of Chapter 12, the Comprehensive Plan discusses Mixed Uses Areas as areas where a variety of intermingled land uses such as residential, commercial, office and institutional uses may exist. Goals for Mixed Use Areas are to encourage neighborhood centers and to create areas featuring a mix of uses that are pedestrian-friendly public environments with opportunities for transit and walkable from surrounding neighborhoods. In Table 12-1: Land Use and Zoning Matrix for the Land Use Category of Mixed-Use there are a range of possible zoning districts ranging from certain residential and commercial zones to office and institutional zones. The requested IO (Institutional and Office Zone) is consistent with this category of uses. Previous Applications The YMCA recently acquired and is the current owner of this subject property at 1169 South State Street and also the owner of the property at 1145 South State Street. Under previous ownership, the property was the subject of several proposed development applications in conjunction with the adjoining property to the east known as 1145 South State Street. The site was the subject of a Site Plan application for State Street Office Building. The Site Plan (S-05- 37) was granted conditional approval by the Planning Commission December 19, 2005; however, that plan approval has expired. In 2008, this site was the subject of a Conditional Use application C-08-07 State Street Senior Apartments to develop the property as a Planned Neighborhood Design: Senior Citizen Housing Option. Following referral from the City Council on March 24, 2008, the Board of Adjustment granted a waiver of the forty foot perimeter buffer requirement of the PND in May 2008. Then the application was tabled by the Planning

Z-10-04 Lands of YMCA, Inc. at 1169 South State Street Planning Commission Recommendation Report to City Council for May 24, 2010 Page 3 Commission on June 16, 2008; the application was closed by Staff in June 2009 as a result of transfer of property ownership. Request for IO (Institutional and Office Zone) The types of permitted uses in the IO (Institutional and Office Zone) are given Article 3 §10 of the Zoning Ordinance. The permitted uses include business, professional, and governmental offices; research, design and development laboratories; public and institutional uses; restaurants as assessor uses; and day care center. For this zone, Conditional Uses include Planned Senior Housing Developments, fire arm ranges, correctional facilities, public incinerators, hotels, and restaurants. Article 4, Section 4.15 of the Zoning Ordinance address bulk standards for the IO Zone. The bulk standards are as follows: IO (Institutional and Office Zone) Minimum required: Lot area Lot width (ft.) 50 Lot depth (ft.) 100 Front yard (ft.) 20 Side yard (ft.) 10 Rear yard (ft.) 15 or equal to bldg. height Side or rear yards which adjoin a 30 residence zone (ft.) Off-street parking Per 300 sq. ft. floor area or 1 Per employee (whichever is greater) 1 Maximum permitted: Building height Stories 10 Feet 130 Floor area ratio 4.0 Lot coverage 85% Recommendation of the Planning Staff: This request is to rezone land from RGO (General Residence and Office Zone) to IO (Institutional and Office Zone). The zoning requested is consistent with the 2008 Comprehensive Plan as amended 2009 and it is compatible with the surrounding land uses and zoning classifications. For this reason, staff supports the rezoning request. The proposed use of the property, as an expansion of the YMCA facilities, is not clearly allowed under the current RGO (General Residence and Office Zone), but would be permitted under the IO (Institutional

Z-10-04 Lands of YMCA, Inc. at 1169 South State Street Planning Commission Recommendation Report to City Council for May 24, 2010 Page 4 and Office Zone). The rezoning would also place the three contiguous properties of the YMCA into the same zoning classification. Staff recommendation was made prior to public hearing. Planning Commission Recommendation: Following a public hearing held on April 19, 2010, the Planning Commission moved to approve the request to rezone the subject property at 1169 South State Street from RGO to IO. The motion was carried 7-0, with two members absent. Excerpts from the meeting minutes are below for reference: Excerpt from Planning Commission Minutes of April 19, 2010: Z-10-04 Lands of the YMCA at 1169 South State Street - Public Hearing and Recommendation to City Council on a rezoning application consists of one parcel of land consisting of a total of 0.6899 acres ± (30,052 S.F.). The property is currently zoned RGO (General Residence and Office Zone). The proposed zoning is IO (Institutional and Office Zone). The subject area is located on the east side of South State Street, north of Roosevelt Avenue/Wyoming Avenue. The owner of record is Young Men’s Christian Association of Delaware, Inc. Property Address: 1169 South State Street. Tax Parcel: ED05-077.17-05-58.00-000. Council District 2. Representatives: Mr. Gregg Moore, Becker Morgan Group; and Mr. Rick Gould, Executive Director of Central Delaware YMCA. Mrs. Melson-Williams presented an overview of the application. Mr. Moore stated that the YMCA hosted a community meeting where they notified the neighbors of a greater extent than what the City requires to update them on what is happening at the YMCA. Mr. Nichols questioned if this area was going to be all building or a combination of building and construction? Responding to Mr. Nichols, Mr. Moore stated that it would be a combination of both. The YMCA is looking into a small addition of a gymnasium for basketball and a couple of multi-use rooms that could be aerobics dance and then an addition to the fitness center. We would attempt to add parking to offset the deficit of parking that they currently have. Mr. Friedman opened a public hearing and after seeing no one wishing to speak closed the public hearing. Mr. Tolbert moved to forward to City Council approval Rezoning RGO to IO of Z-10-04 Lands of the YMCA at 1169 South State Street, seconded by Mr. Hemmig and the motion was unanimously carried 7-0 with Mr. Ambruso and Colonel Welsh absent. ADVISORY COMMENTS TO THE APPLICANT (From DAC Report of April 8, 2010): 1) The applicant shall be aware that approval of any rezoning application does not represent Site Development Plan or Record Plan approval. A separate Site Development Plan and Minor Lot Line Adjustment Plan must be submitted and approved if development activities are proposed on the property. 2) The applicant shall be aware that approval of any rezoning application does not represent a Building Permit or other construction activity permit approval. A separate application

Z-10-04 Lands of YMCA, Inc. at 1169 South State Street Planning Commission Recommendation Report to City Council for May 24, 2010 Page 5 submission showing all improvements is required before issuance of permits by the City of Dover. 3) The applicant shall be aware that any request for variances necessary for site development activities must complete the Board of Adjustment application and review procedure prior to consideration of a site development application by the Planning Commission. 4) The completion of a Parcel Consolidation Plan (Minor Lot Line Adjustment Plan) for recordation (Record Plan) to consolidate the parcels held in ownership by the YMCA into one tract of land is recommended. The Parcel Consolidation Plan may be submitted for review during the site development plan process. Record Plan sheet will also be required to show the any necessary easements including utility infrastructure easements. Attachments: • Development Advisory Committee Comments from: Public Utilities, DelDOT, and Kent Conservation District • Exhibit Map

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: APRIL 1, 2010 APPLICATION: Lands of the YMCA, 1169 South State Street FILE #: Z-10-04 REVIEWING AGENCY: City of Dover Public Utilities Department CONTACT PERSON: Steve Enss - Electric Sharon Duca, P.E. - Water, Wastewater, Stormwater CONTACT PHONE #: 302-736-7070 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC / WATER / WASTEWATER 1. Our office has no objection to the rezoning of tax parcel ED05-077.17-05-58.00-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER 1. None. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. None. WATER / WASTEWATER 1. Should this site be redeveloped, the applicant / developer is responsible for all costs associated with providing the appropriate service to this site based upon the use including any necessary system upgrades or extensions. Should the existing services no longer be required based upon the proposed use, they must be properly abandoned at the mains in accordance with all City of Dover Public Utilities Department standards and specifications. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: March 30, 2010 T =============================================================== APPLICATION: Lands of the YMCA at 1169 South State Street FILE#: Z-10-04 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 1. DelDOT has no comments to the proposed rezoning. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: • No direct access will be granted on S. State Street for this parcel. Proposed accesses for the site must be from the entrance easement. • A Traffic Impact Study (TIS) may be required, if the proposed development exceeds 50 VPH or 400 VPD. • The department will require the applicant to provide proper forms, fees, and plans in order to be issued an entrance permit. • According to Kent County Classification Maps, KCR 25 (South State Street) is classified as a minor arterial, which requires a 80-foot wide right of way (40-feet from the centerline). The department will require a Right-Of-Way dedication to public use. If you have any questions or need to discuss any of the above comments, please call the above contact person and the planning department as soon as possible.

K CITY OF DOVER E C DEVELOPMENT ADVISORY COMMITTEE NO D APPLICATION REVIEW COMMENTARY T N I STAFF MEETING DATE: April 1, 2010 S S E T R R V I A C APPLICATION: Lands of YMCA South State Street T T FILE #: Z-10-04 REVIEWING AGENCY: Kent Conservation District I O N CONTACT PERSON: David C. Cahill PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Kent Conservation District has no objection to rezoning of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: The Following comments are advisory and apply to the development of a detailed site plan for this project. • A detailed Sediment and Stormwater Management Plan must be approved by our office prior to any land disturbing activity (i.e. clearing, grading, filling, etc.) over 5000 square feet.

City of Dover Application No.: Z-10-04 Department of Planning & Inspections NE K LA PAR RGO IO MORRIS DRIVE STATE STREET ORCHARD AVEN UE Site WYO MIN R-8 GA VE NU E C-2A ROOSEVELT AVEN UE C-4 C-1A SC-2 Plan Title: Lands of YMCA Location: 1169 South State Street Legend Plan Type: Rezoning Tax Parcel: ED05-077.17-05-58.00-000 Dover Parcels Zoning: RGO (General Residence and Office Zone) Proposed Zoning: IO (Institutional and Office Zone) Zoning Owner: Young Men's Christian Association of Delaware, Inc. Date: 3-11-10 County Parcels 0 87.5 175 350 Feet «

FINAL READING CITY OF DOVER PROPOSED ORDINANCE #2010-10 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE 2 CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED 3 AT 1169 SOUTH STATE STREET 4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within 5 the limits of the City of Dover; and 6 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of 7 property described below from RG-O (General Residence and Office Zone) to IO (Institutional and 8 Office Zone). 9 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 10 DOVER, IN COUNCIL MET: 11 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 12 Ordinance of the City of Dover have been amended by changing the zoning designation from 13 RG-O (General Residence and Office Zone) to IO (Institutional and Office Zone) on that 14 property located at 1169 South State Street (east side of South State Street, north of 15 Roosevelt Avenue/Wyoming Avenue), consisting of 0.6899+/- acres (30,0523+/- square feet), 16 owned by Young Men's Christian Association of Delaware, Inc. (YMCA) 17 (Tax Parcel: ED05-077.17-05-58.00-000; Planning Reference: Z-10-04) 18 19 ADOPTED: * 20 S:\ClerksOffice\Rezonings\2010\1169 S. State Street (YMCA)\Ordinance-1169 S. State Street-Final Rdg.wpd 21 Actions History 22 May 24, 2010 - Proposed Public Hearing/Final Reading - Council 23 April 19, 2010 - Review - Planning Commission 24 March 22, 2010 - First Reading - Council

ACTION FORM PROCEEDING: Council AGENDA ITEM DEPARTMENT OF ORIGIN: Public Services DATE SUBMITTED: May 13, 2010 PREPARED BY: Scott D. Koenig, P.E., Public Services Manager; Tim Taraila, Inspector III SUBJECT: 715 Slaughter Street, Dover, DE 19904 – Violation of Dangerous Building Ordinance. REFERENCE: Article XI – Dangerous Buildings, Sec. 22-385 Case # 08-778 RELATED PROJECT: N/A APPROVALS: City Manager, City Controller EXHIBITS: PowerPoint Presentation and File Photos to be presented at the Council meeting. EXPENDITURE REQUIRED: Preliminary estimate is $10,000-15,000. AMOUNT BUDGETED: $50,000 (Proposed for all demolitions City-wide). FUNDING SOURCE (Dept./Page in CIP & Budget): 110-1600-534-30-33, page 253 of the 2011 Draft Operating Budget. TIMETABLE: As soon as possible. RECOMMENDED ACTION: 1. Declare this building dangerous and all accessory buildings on the property dangerous. 2. Order the property repaired or demolished by July 1, 2010 by the owner or equity owner at their own risk. 3. Order the Building Inspector to cause the repair or demolition of the structures if not completed by the owner within (10) days of the date set by Council. This action is dependent upon the adoption of the FY-2011 Operating Budget for funding. 4. Order the City Manager with the assistance of the City Solicitor to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner. BACKGROUND AND ANALYSIS The property is owned by the Estate of Isaiah Freeman, Jr. This single family wood framed dwelling has been in a serious state of disrepair and decline for a number of years. The file indicates the electric service to this property was terminated in 2004. There is a long series of code violations on the property and no attempt has been made to correct the violations. We believe the property owner to be deceased and no action has been performed by the estate. It appears from review of the file that many, if not all, of notices that have been returned to the City as unclaimed mail.

ACTION FORM PROCEEDING: Council AGENDA ITEM DEPARTMENT OF ORIGIN: Public Services DATE SUBMITTED: May 13, 2010 PREPARED BY: Scott D. Koenig, P.E., Public Services Manager; Tim Taraila, Inspector III SUBJECT: 749 West North Street, Dover, DE 19904 – Violation of Dangerous Building Ordinance. REFERENCE: Article XI – Dangerous Buildings, Sec. 22-385 Case # 08-2883 RELATED PROJECT: N/A APPROVALS: City Manager, City Controller EXHIBITS: PowerPoint Presentation and File Photos to be presented at the Council meeting. EXPENDITURE REQUIRED: Preliminary estimate is $30,000-35,000. AMOUNT BUDGETED: $50,000 (Proposed for all demolitions City-wide). FUNDING SOURCE (Dept./Page in CIP & Budget): 110-1600-534.30-33, page 253 of the 2011 Draft Operating Budget. TIMETABLE: As soon as possible. RECOMMENDED ACTION: 1. Declare this building and all accessory buildings on the property dangerous. 2. Order the property repaired or demolished by July 1, 2010 by the owner or equity owner at their own risk. 3. Order the Building Inspector to cause the repair or demolition of the structures if not completed by the owner within (10) days of the date set by Council. This action is dependent upon the adoption of the FY-2011 Operating Budget for funding. 4. Order the City Manager with the assistance of the City Solicitor to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner. BACKGROUND AND ANALYSIS The property is owned by the Estate of Knowles D. Harmon. This multi-story wood framed dwelling was damaged by fire in November of 2006. There are numerous code violations such as broken window glass, holes in the walls, holes in the roof, extensive fie damage throughout the structure, and overall deterioration to ther structure from being left open to the weather. The structure is also a fire hazard and a danger to the residents in the surrounding area. Numerous correspondence has been sent to the property owners and no progress or effort has been made to resolve the code violations and bring the property into compliance. We are also receiving complaints from citiziens regarding the current condition of the property.

City of Dover Proposed Fiscal 2011 Business License Fee Schedule Effective Date: July 1, 2010 FOR INFORMATIONAL USE ONLY Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Previous 3.3% Fiscal 2011 Fee Increase Fee Advertising agency.......... $ 92.00 3.04 $ 95.04 Amusement operator.......... $ 152.00 5.02 $ 157.02 Architect.......... $ 242.00 7.99 $ 249.99 Attorney‐at‐law.......... $ 303.00 10.00 $ 313.00 ATM machines (third‐party or $ 49.00 1.62 $ 50.62 off bank premises).......... Auctioneer.......... $ 152.00 5.02 $ 157.02 Automobile race operator.......... $ 363.00 11.98 $ 374.98 Bank, or loan and trust $ 303.00 10.00 $ 313.00 company.......... Barber.......... $ 61.00 2.01 $ 63.01 each additional chair over $ 4.00 0.13 $ 4.13 two.......... Beautician.......... $ 61.00 2.01 $ 63.01 each additional chair over $ 4.00 0.13 $ 4.13 two.......... Broadcasting station.......... $ 303.00 10.00 $ 313.00 Broker.......... $ 152.00 5.02 $ 157.02 Car wash$182.00 $ 182.00 6.01 $ 188.01 Certified public $ 242.00 7.99 $ 249.99 accountant.......... Cesspool cleaner.......... $ 121.00 3.99 $ 124.99 Chiropractor.......... $ 303.00 10.00 $ 313.00 Clinical social worker.......... $ 93.00 3.07 $ 96.07 Coin‐operated amusement machine owner Per machine $ 3.00 0.10 $ 3.10 Coin‐operating vending machine owner Per machine $ 3.00 0.10 $ 3.10 Coin‐operated electronic video machine Per machine $ 121.00 3.99 $ 124.99 Commercial sign business.......... $ 121.00 3.99 $ 124.99 Computer‐related services.......... $ 121.00 3.99 $ 124.99 Consultant.......... $ 49.00 1.62 $ 50.62

Previous 3.3% Fiscal 2011 Fee Increase Fee Center or home provider with Day care operator: $ 49.00 1.62 $ 50.62 greater than six children.......... Dentist.......... $ 303.00 10.00 $ 313.00 Distributor.......... $ 61.00 2.01 $ 63.01 Dray person or mover.......... $ 121.00 3.99 $ 124.99 Eating establishment and/or eating establishment $ 121.00 3.99 $ 124.99 operator.......... Employment agency.......... $ 121.00 3.99 $ 124.99 One‐‐three entertainers per Entertainer: $ 49.00 1.62 $ 50.62 group.......... Four‐‐nine entertainers per $ 92.00 3.04 $ 95.04 group.......... Ten or more.......... $ 121.00 3.99 $ 124.99 Entertainment agent.......... $ 182.00 6.01 $ 188.01 Finance or small loan $ 242.00 7.99 $ 249.99 agency.......... Fitness trainer.......... $ 67.00 2.21 $ 69.21 Funeral director.......... $ 242.00 7.99 $ 249.99 Gaming position.......... $ 150.00 4.95 $ 154.95 Gas, light, power, cable TV and $ 908.00 29.96 $ 937.96 telephone company.......... General repairman.......... $ 61.00 2.01 $ 63.01 Health spa or health club.......... $ 182.00 6.01 $ 188.01 Home day care operator.......... $ 25.00 0.83 $ 25.83 Hotel: Per room.......... $ 9.00 0.30 $ 9.30 Per suite.......... $ 12.00 0.40 $ 12.40 Income tax consultant.......... $ 182.00 6.01 $ 188.01 Incorporator.......... $ 121.00 3.99 $ 124.99 Insurance adjustor office.......... $ 121.00 3.99 $ 124.99 Itinerant merchant, per $ 40.00 1.32 $ 41.32 event.......... Janitorial and cleaning service: One‐‐three employees.......... $ 49.00 1.62 $ 50.62 Four‐‐nine employees.......... $ 92.00 3.04 $ 95.04 Ten or more employees.......... $ 121.00 3.99 $ 124.99 Landscape service company: One‐‐three employees.......... $ 49.00 1.62 $ 50.62 Four‐‐nine employees.......... $ 92.00 3.04 $ 95.04 Ten or more employees.......... $ 121.00 3.99 $ 124.99

Previous 3.3% Fiscal 2011 Fee Increase Fee Laundry service operator: Primary facility.......... $ 121.00 3.99 $ 124.99 Additional drop‐off $ 49.00 1.62 $ 50.62 locations.......... Linen supplier.......... $ 121.00 3.99 $ 124.99 Manicurist.......... $ 31.00 1.02 $ 32.02 Manufacturer's agent or $ 121.00 3.99 $ 124.99 representative.......... Mercantile agency or collection $ 121.00 3.99 $ 124.99 agency.......... Mobile home park, per $ 7.00 0.23 $ 7.23 space.......... Motel, per room.......... $ 7.00 0.23 $ 7.23 Motion picture theater.......... $ 182.00 6.01 $ 188.01 Motor vehicle serviceman.......... $ 92.00 3.04 $ 95.04 Nursing, rest or convalescent $ 182.00 6.01 $ 188.01 home.......... First 20 spaces, per rented Open market operator: $ 22.00 0.73 $ 22.73 space.......... 21st‐‐50th space, per rented $ 11.00 0.36 $ 11.36 space.......... Each space over 50, per rented $ 6.00 0.20 $ 6.20 space.......... Outdoor tables, per table.......... $ 6.00 0.20 $ 6.20 Optometrist.......... $ 303.00 10.00 $ 313.00 Pawnbroker.......... $ 182.00 6.01 $ 188.01 Pest control services.......... $ 92.00 3.04 $ 95.04 Pharmacist.......... $ 182.00 6.01 $ 188.01 Photographer.......... $ 121.00 3.99 $ 124.99 Physical therapist.......... $ 182.00 6.01 $ 188.01 Physician and/or surgeon.......... $ 303.00 10.00 $ 313.00 Plant nursery and florist.......... $ 92.00 3.04 $ 95.04 Podiatrist.......... $ 303.00 10.00 $ 313.00 Pool table operator, per $ 61.00 2.01 $ 63.01 table.......... Maximum fee.......... $ 183.00 6.04 $ 189.04 Printer.......... $ 121.00 3.99 $ 124.99 Private investigator $ 182.00 6.01 $ 188.01 agency.......... Professional counselor.......... $ 61.00 2.01 $ 63.01 Professional engineer.......... $ 242.00 7.99 $ 249.99 Professional land surveyor.......... $ 242.00 7.99 $ 249.99 Psychologist.......... $ 303.00 10.00 $ 313.00 Public accountant.......... $ 182.00 6.01 $ 188.01

Previous 3.3% Fiscal 2011 Fee Increase Fee Public stenographer.......... $ 37.00 1.22 $ 38.22 Publisher.......... $ 303.00 10.00 $ 313.00 Real estate broker, appraiser, $ 152.00 5.02 $ 157.02 and manager.......... Real estate development $ 333.00 10.99 $ 343.99 corporation.......... One‐‐three units Real estate property manager: $ 49.00 1.62 $ 50.62 managed.......... Four‐‐ten units managed.......... $ 121.00 3.99 $ 124.99 Ten + units managed.......... $ 121.00 3.99 $ 124.99 Real estate salesperson or $ 49.00 1.62 $ 50.62 associated broker.......... Rental service.......... $ 121.00 3.99 $ 124.99 Sales representative $ 49.00 1.62 $ 50.62 School and educational service $ 61.00 2.01 $ 63.01 (non vocational).......... School and educational service $ 121.00 3.99 $ 124.99 (vocational).......... Scientific laboratory.......... $ 242.00 7.99 $ 249.99 Scrap and waste material $ 121.00 3.99 $ 124.99 service.......... Secondhand dealer of precious $ 121.00 3.99 $ 124.99 metals.......... Security service.......... $ 182.00 6.01 $ 188.01 Self‐service laundry or dry $ 121.00 3.99 $ 124.99 cleaner.......... Shoe repairman.......... $ 49.00 1.62 $ 50.62 Sound truck, per hour.......... $ 31.00 1.02 $ 32.02 Tailor and garment service.......... $ 49.00 1.62 $ 50.62 Taxicab or bus operator: First vehicle.......... $ 25.00 0.83 $ 25.83 Each additional vehicle......... $ 25.00 0.83 $ 25.83 Tourist home, per room.......... $ 7.00 0.23 $ 7.23 Trailer park, per space.......... $ 7.00 0.23 $ 7.23 Travel agency.......... $ 121.00 3.99 $ 124.99 Veterinarian.......... $ 303.00 10.00 $ 313.00 Warehouseman.......... $ 242.00 7.99 $ 249.99 Wholesale news agency.......... $ 61.00 2.01 $ 63.01

Previous 3.3% Fiscal 2011 Fee Increase Fee All other businesses not listed: One‐‐three employees.......... $ 49.00 1.62 $ 50.62 Four‐‐nine employees.......... $ 92.00 3.04 $ 95.04 Ten‐‐50 employees.......... $ 121.00 3.99 $ 124.99 51‐‐100 employees.......... $ 303.00 10.00 $ 313.00 Manufacturers/contractors rate: $0.00046 of aggregate gross Minimum fee $ 121.00 3.99 $ 124.99 receipts.......... Merchants/bottlers rate: $0.00046 of aggregate gross $ 61.00 2.01 $ 63.01 purchases for resale.......... Minimum fee Sports betting and horse racing (Simulcast), each activity: rate of $0.00046 of the aggregate gross Minimum license fee $ 121.00 3.99 $ 124.99 receipts (defined as commission) for the activity..........

FINAL READING CITY OF DOVER ORDINANCE #2010-11 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Appendix F – Fees and Fines, Chapter 26-Businesses, Article II-Licenses, be amended by inserting 5 the text indicated in bold, red and deleting the text indicated in red strikeout as follows: 6 7 Section 26-35; License required; fees . 8 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall 9 be automatically doubled in amount. 10 The annual fee for business licenses, will automatically be escalated on July 1 of each year based 11 on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W); Selected 12 areas, all items index – Philadelphia – Wilmington-Atlantic City PA-NJ-DE-MD (CPI) as 13 published by the U.S. Department of Labor’s Bureau of Labor Statistics based on the prior 14 December to December change, not to exceed 5% per year , but not less than the current year’s 15 fee. This escalation does not pertain to any business licenses calculated based on aggregate gross 16 receipts, but it does apply to those business licenses’ minimum charges. 17 Sec. 26-35 Subsec. (d)(1) 18 License required; fees 19 Businesses licensed 20 Advertising agency.......... $92.00 21 Amusement operator.......... $152.00 22 Architect.......... $242.00 23 Attorney-at-law.......... $303.00 24 ATM machines (third-party or off bank premises)..........$49.00 25 Auctioneer.......... $152.00 26 Automobile race operator..........$363.00 27 Bank, or loan and trust company..........$303.00

Proposed Ordinance #2010-09 Page | 2 28 Barber.......... $61.00 29 each additional chair over two..........$4.00 30 Beautician.......... $61.00 31 each additional chair over two..........$4.00 32 Broadcasting station...$303.00 33 Broker.......... $152.00 34 Car wash......... $182.00 35 Certified public accountant..........$242.00 36 Cesspool cleaner..........$121.00 37 Chiropractor.......... $303.00 38 Clinical social worker.......... $93.00 39 Coin-operated amusement machine owner 40 Per machine..........$3.00 41 Coin-operating vending machine owner 42 Per machine $3.00 43 Coin-operated electronic video machine 44 Per machine $121.00 45 Commercial sign business.......... $121.00 46 Computer-related services..........$121.00 47 Consultant.......... $49.00 48 Day care operator: 49 Center or home provider with greater than six 50 children.......... $49.00 51 Dentist.......... $303.00 52 Distributor.......... $61.00 53 Dray person or mover..........$121.00 54 Eating establishment and/or eating establishment 55 operator.......... $121.00 56 Employment agency.......... $121.00 57 Entertainer: 58 One--three entertainers per group..........$49.00 59 Four--nine entertainers per group.......... $92.00 60 Ten or more..........$121.00

Proposed Ordinance #2010-09 Page | 3 61 Entertainment agent.......... $182.00 62 Finance or small loan agency.......... $242.00 63 Fitness trainer.......... $67.00 64 Funeral director.......... $242.00 65 Gaming position.......... $150.00 66 Gas, light, power, cable TV and telephone company..........$908.00 67 General repairman.......... $61.00 68 Health spa or health club..........$182.00 69 Home day care operator.......... $25.00 70 Hotel: 71 Per room.......... $9.00 72 Per suite..........$12.00 73 Income tax consultant.......... $182.00 74 Incorporator.......... $121.00 75 Insurance adjustor office.......... $121.00 76 Itinerant merchant, per event....$40.00 77 Janitorial and cleaning service: 78 One--three employees..........$49.00 79 Four--nine employees......... $92.00 80 Ten or more employees....... $121.00 81 Landscape service company: 82 One--three employees.......... $49.00 83 Four--nine employees.......... $92.00 84 Ten or more employees..........$121.00 85 Laundry service operator: 86 Primary facility......... $121.00 87 Additional drop-off locations.......... $49.00 88 Linen supplier.......... $121.00 89 Manicurist.......... $31.00 90 Manufacturer's agent or representative.......... $121.00 91 Mercantile agency or collection agency.......... $121.00 92 Mobile home park, per space.......... $7.00 93 Motel, per room.......... $7.00

Proposed Ordinance #2010-09 Page | 4 94 Motion picture theater......... $182.00 95 Motor vehicle serviceman.....$92.00 96 Nursing, rest or convalescent home.......... $182.00 97 Open market operator: 98 First 20 spaces, per rented space..........$22.00 99 21st--50th space, per rented space.......... $11.00 100 Each space over 50, per rented space.......... $6.00 101 Outdoor tables, per table.......... $6.00 102 Optometrist.......... $303.00 103 Pawnbroker.......... $182.00 104 Pest control services.......... $92.00 105 Pharmacist.......... $182.00 106 Photographer.......... $121.00 107 Physical therapist..........$182.00 108 Physician and/or surgeon.......... $303.00 109 Plant nursery and florist.......... $92.00 110 Podiatrist.......... $303.00 111 Pool table operator, per table..........$61.00 112 Maximum fee.......... $183.00 113 Printer.......... $121.00 114 Private investigator agency.......... $182.00 115 Professional counselor.......... $61.00 116 Professional engineer.......... $242.00 117 Professional land surveyor... $242.00 118 Psychologist.......... $303.00 119 Public accountant....... $182.00 120 Public stenographer....$37.00 121 Publisher.......... $303.00 122 Real estate broker, appraiser, and manager.......... $152.00 123 Real estate development corporation.......... $333.00 124 Real estate property manager: 125 One--three units managed.......... $49.00 126 Four--ten units managed..........$121.00

Proposed Ordinance #2010-09 Page | 5 127 Ten + units managed.......... $121.00 128 Real estate salesperson or associated broker..........$49.00 129 Rental service.......... $121.00 130 Sales representative $49.00 131 School and educational service (nonvocational).......... $61.00 132 School and educational service (vocational).......... $121.00 133 Scientific laboratory.......... $242.00 134 Scrap and waste material service.......... $121.00 135 Secondhand dealer of precious metals.......... $121.00 136 Security service.......... $182.00 137 Self-service laundry or dry cleaner.......... $121.00 138 Shoe repairman.......... $49.00 139 Sound truck, per hour.......... $31.00 140 Tailor and garment service.....$49.00 141 Taxicab or bus operator: 142 First vehicle.......... $25.00 143 Each additional vehicle.......... $25.00 144 Tourist home, per room.......... $7.00 145 Trailer park, per space.......... $7.00 146 Travel agency.......... $121.00 147 Veterinarian.......... $303.00 148 Warehouseman.......... $242.00 149 Wholesale news agency........ $61.00 150 All other businesses not listed: 151 One--three employees......$49.00 152 Four--nine employees......$92.00 153 Ten--50 employees.......... $121.00 154 51--100 employees.......... $303.00 155 Subsec. (d)(2) Manufacturers/contractors rate: $0.00046 of aggregate gross receipts.......... 156 Minimum fee $121.00 157 Subsec. (d)(3) Merchants/bottlers rate: $0.00046 of aggregate gross purchases for resale.......... 158 Minimum fee $61.00 159 Subsec. (d)(4) Sports betting and horse racing (Simulcast), each activity: rate of $0.00046 of the

Proposed Ordinance #2010-09 Page | 6 160 aggregate gross receipts (defined as commission) for the activity.......... 161 Minimum license fee $121.00. 162 163 BE IT FURTHER ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, 164 IN COUNCIL MET: 165 166 Section 26-36 Determination of license fee; duties of license officer; refunds 167 (a) Generally. License fees shall be in the amounts established in this article, and as further determined 168 in this section. The annual fee for business licenses, will automatically be escalated on July 1 of 169 each year based on the Consumer Price Index for Urban Wage Earners and Clerical Workers 170 (CPI-W); Selected areas, all items index – Philadelphia – Wilmington-Atlantic City PA-NJ-DE- 171 MD (CPI) as published by the U.S. Department of Labor’s Bureau of Labor Statistics based on 172 the prior December to December change, not to exceed 5% per year , but not less than the current 173 year’s fee. This escalation does not pertain to any business licenses calculated based on aggregate 174 gross receipts, but it does apply to those business licenses’ minimum charges. 175 (b) Duties of license officer. The license officer shall: 176 (1) Higher fee. Require the payment of an additional or higher license fee, to be prorated for 177 the balance of the license period, when a licensee places himself in that status under this article by: 178 a. Increasing the number of his employees. 179 b. Expanding the size of his business, plant or premises. 180 c. Increasing the number or size of his vehicles. 181 d. Making any other lawful and material change of any kind in his business. 182 (2) Partial refund. Refund a proportion of the amount of fee already paid, prorated for the 183 balance of the license period, upon notification by a licensee of his voluntary retirement from business. 184 (3) Late commencement of business. Prorate the license fee for the balance of any license 185 period, including minimum license fees of any business commenced after the beginning of the license 186 period. Prorating of the license fee shall not occur for contractors who receive a per job license, or for 187 itinerant merchant licensees. 188 (c) Refund. 189 (1) Except as provided, no rebate or refund of any license fee or part thereof shall be made by 190 reason of the nonuse of the license or by reason of a change of location or business rendering the use of 191 the license ineffective. The license officer shall have the authority to refund a license fee or prorated 192 portion thereof where:

Proposed Ordinance #2010-09 Page | 7 193 a. Error. The license fee was collected through an error. 194 b. Hardship. Some particular hardship might be involved. 195 c. Death or incapacity. The licensee has been prevented from enjoying the full 196 license privilege due to his death or incapacity to engage in the business. 197 d. Armed services. The licensee has entered the armed services of the United States 198 through induction or enlistment and is thereby rendered unable to conduct the 199 business. 200 e. Government takeover. The licensed business is forced to close before the 201 expiration of the license period by reason of the taking over of the business 202 or licensed premises by the United States government, the state or this city. 203 f. Fire, casualty. The licensed business was destroyed by fire or other 204 casualty through no fault of the licensee. 205 (2) A rebate or refund provided for in this subsection (c) shall be based upon the number of 206 days in the license period remaining after the occurrence of the event relied upon for the rebate. 207 208 (Code 1968, § 18-18; Code 1981, § 11-5; Ord. of 2-23-1998) 209 210 ADOPTED: * 211 212 SYNOPSIS 213 Establishes an annual automated escalation for business licenses. 214 215 216 Actions History: 217 May 24, 2010 - Proposed Final Reading - Council 218 May 24, 2010 - Considered by Legislative, Finance & Administration Committee 219 April 26, 2010 - First Reading - Council; Referred Back to Legislative, Finance & Administration Committee 220 April 12, 2010 - Introduced at Legislative, Finance & Administration Committee

City of Dover Capital Investment Plan Project Tracking Report March 31, 2010 Points to Remember - * Original Project Budget = Original Total Project Budget initially included in approved annual budget. * Latest Project Budget = Revised Total Project Budget included in most recent approved annual budget or one of the following: bond resolution, revolving fund loan agreement, Council approved budget amendment, or City Manager approved amendment as per the Budget Amendment Procedure. * Current Fiscal Year - Revised Fiscal Year Budget = Current Year approved project budgets plus carry forward balances of unspent budgets in the prior fiscal year. Project Carry Forward balances will be submitted to City Council for amendment in January 2010. Can also be amended with City Manager approval per the Budget Amendment Procedure. * Water Quality, Inflow/Infiltration, Distribution Upgrades and New Development projects are budgeted as a blanket project and once individual projects are identified and estimated they are created using an allocation of the overall budgeted amount. Examples are Water Quality - Pear Street; New Developments - Kent County Lighting; Distribution Upgrades - Crossgates; * The FY10 Budget for Community Transportation & Streets $350,000 is expected to change based on the State of the City Review. * Status and Comments provided by City Manager. * For Finance purposes projects are considered completed when placed in service and all charges have been processed. Community Water & Total Current Year Budget Funding Sources General Transportation Wastewater Electric CIP Beginning Budget Balance $ 375,408 $ - $ 699 $ 36,619 $ 412,726 Federal &/or State Grants 4,180,234 1,000,000 45,248 240,875 5,466,357 Revolving Fund Loans - - 8,346,498 - 8,346,498 Bond Proceeds 1,912,433 - - 4,240,034 6,152,467 Impact Fees - - 518,230 - 518,230 State Funds (FY09 Carry Forward Gov Ave) - - - 710,318 710,318 Parkland Reserve 40,000 - - - 40,000 Library Reserve & Contributions 3,180,235 - 3,180,235 Transfer from Operating Funds 344,802 472,690 700,000 961,012 2,478,504 Interest Earned 2,700 - - 33,700 36,400 Project Carry Forward Balances 51,006 - 1,094,697 2,652,769 3,798,472 Total Funding Sources (Unaudited) $ 10,086,818 $ 1,472,690 $ 10,705,372 $ 8,875,327 $ 31,140,207

City of Dover General Fund - Major CIP Projects March, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project Current Revised Fiscal Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD % Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments FY2008 M Park Improvement Program $ 30,000 $ 30,000 $ 28,734 $ 1,266 95.8% $ - $ 30,000 $ 28,734 0.0% Complete Basketball Court Repaved. Totals - FY08 $ 30,000 $ 30,000 $ 28,734 $ 1,266 95.8% $ - $ 30,000 $ 28,734 0.0% FY2009 M/G New Library Project $ 18,200,000 $ 24,679,934 $ 1,099,552 $ 23,580,382 4.5% $ 8,912,433 $ 9,272,902 $ 362,486 4.1% Started Finished Design Development. Totals - FY09 $ 18,200,000 $ 24,679,934 $ 1,099,552 $ 23,580,382 4.5% $ 8,912,433 $ 9,272,902 $ 362,486 4.1% FY2010 Vehicles & Equipment $ 372,910 $ 372,910 $ 262,035 $ 110,875 70.3% $ 372,910 $ 393,916 $ 262,035 70.3% Started Includes DFD payment & Police grants. Contractor complete. Will do some in house Concrete Program 50,000 50,000 40,314 9,686 80.6% 50,000 50,000 40,314 80.6% Complete repairs. Pitts Center Addition 50,000 50,000 - 50,000 0.0% - 40,000 - 0.0% Started Material ordered & permits applied for. Transfer to CT Fund 300,000 300,000 - 300,000 0.0% 300,000 300,000 - 0.0% N/A Totals - FY10 $ 772,910 $ 772,910 $ 302,348 $ 470,562 39.1% $ 722,910 $ 783,916 $ 302,348 41.8% Grand Totals $ 19,002,910 $ 25,482,844 $ 1,430,634 $ 24,052,210 5.6% $ 9,635,343 $ 10,086,818 $ 693,568 7.2% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. G = Grant funded project

City of Dover Community Transportation & General Fund Street Funds - Major CIP Projects March, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project Current Revised Fiscal Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD % Budget Type Description Budget Budget Expenses Balance Spent Budget Budget (1) Expenses Spent Status Comments FY 2002 North Street Sidewalk $ 80,416 $ 80,416 $ - $ 80,416 0.0% $ - $ 80,416 $ - 0.0% Not started Work on hold pending Collegiate decision. Totals $ 80,416 $ 80,416 $ - $ 80,416 0.0% $ - $ 80,416 $ - 0.0% FY 2005 Dover Little League Parking Lot Awaiting DELDOT/staff decision on re- Phase II $ 14,906 $ 14,906 $ 3,332 $ 11,574 22.4% $ - $ 11,574 $ - 0.0% Done appropriation of available funds. Totals $ 14,906 $ 14,906 $ 3,332 $ 11,574 22.4% $ - $ 11,574 $ - 0.0% - FY 2006 M Lincoln Park Center $ 400,000 $ 400,000 $ 287,903 $ 112,097 72.0% $ - $ 147,275 $ 35,178 23.9% Started Ongoing. Totals $ 400,000 $ 400,000 $ 287,903 $ 112,097 72.0% $ - $ 147,275 $ 35,178 0.0% - - FY 2007 10% received from State, not part of street program. Separate contract due to E. Water Street Brick Sidewalk $ 65,000 $ 65,000 $ - $ 65,000 0.0% $ - $ 65,000 $ - 0.0% Not started nature of work. Totals $ 65,000 $ 65,000 $ - $ 65,000 0.0% $ - $ 65,000 $ - 0.0% FY 2009 Spruance Road - White Oak to Maple Parkway $ 141,000 $ 141,000 $ 101,464 $ 39,536 72.0% $ - $ 101,465 $ 101,464 100.0% Started Work in progress. Spruance Road - Maple Parkway to East Division 125,400 125,400 120,309 5,091 95.9% - 120,309 120,309 100.0% Started Work in progress. Various FY09 Streets 225,000 225,000 185,000 40,000 82.2% - 85,000 45,000 52.9% Started Independence & Greenway started. Woodsedge Road 75,000 75,000 113,234 (38,234) 151.0% - 113,234 113,234 100.0% Not Started Scheduled FY 2009. Various Streets 206,287 206,287 - 206,287 0.0% - 206,287 - 0.0% Not Started Scheduled FY 2009. Westover Landscaping 2,500 2,500 1,451 1,049 58.0% - 2,500 1,451 58.0% Not Started Totals $ 775,187 $ 775,187 $ 521,458 $ 253,729 67.3% $ - $ 628,795 $ 381,458 60.7% FY 2010 Street & Alley Program $ 350,000 $ 522,690 $ 30,895 491,795 5.9% $ 350,000 $ 300,000 $ 30,895 10.3% Not Started Original Budget should be $300,000. Budgeted CT Agreements FY10 1,000,000 1,000,000 - 1,000,000 0.0% 1,000,000 44,990 - 0.0% Not Started No fiscal FY10 agreements signed. Totals $ 1,350,000 $ 1,522,690 $ 30,895 $ 1,491,795 2.0% $ 1,350,000 $ 344,990 $ 30,895 9.0% Grand Totals $ 2,685,509 $ 2,858,199 $ 843,588 $ 2,014,611 29.5% $ 1,350,000 $ 1,278,050 $ 447,531 35.0% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. (1) Includes Project carry forward balances from FY 09.

City of Dover Water/Wastewater Improvement & Extension Fund - Major CIP Projects March, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project % Approved Revised Fiscal % Project Project To Date Budget Budget Fiscal Yr. Fiscal Yr. YTD Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments FY 2008 South Governors Ave. Water Main Upgrade $ 200,000 $ 200,000 $ 1,847 $ 198,153 0.9% $ - $ 200,000 $ 1,847 0.9% Started Water lines done, doing service lines and Hydrants M 1.0 MG Elevated Water Storage Tower 4,196,600 2,590,000 4,830 2,585,170 0.2% 200,000 196,255 1,085 0.6% Started Selecting Tank Model & Site; FY11 = Constr. M Piney Point Well 398,800 665,000 52,475 612,525 7.9% - 185,455 22,930 12.4% Started Applying for permits; FY11 = Constr. M South Governors Ave. Sewer Main 300,000 291,000 10,514 280,486 3.6% - 281,088 602 0.2% Started Construction North of Wyoming. M/SL US 13 East Sanitary Sewer Interceptor 2,376,800 3,409,641 232,325 3,177,316 6.8% 3,201,480 3,362,481 24,164 0.7% Started 13% of line installed M Lafferty Lane Package P/S Replacement 230,000 374,369 418,833 (44,464) 111.9% - - 26,269 0.0% Completed In service. O/S Encumbrance $26,269. Totals - FY08 $ 7,702,200 $ 7,530,010 $ 720,823 $ 6,809,187 9.6% $ 3,401,480 $ 4,225,279 $ 76,897 1.8% FY2009 Washington Street $ 492,800 $ 310,100 $ 310,063 $ 37 100.0% $ - $ - $ - 0.0% Completed Pear Street 759,100 653,804 444,251 209,553 67.9% - 331,900 122,347 36.9% Completed South Street 120,800 79,800 37,469 42,331 47.0% - - - 0.0% Completed Contact Chambers - residual analyzers 100,000 113,800 95,484 18,316 83.9% - - - 0.0% Completed M/SL Bayard Avenue 590,910 590,910 6,490 584,420 1.1% 533,510 584,420 - 0.0% Started Going out to bid. M/SL East side N. State Street 868,707 876,703 29,003 847,700 3.3% 846,807 847,700 - 0.0% Started Going out to bid. M/SL Route 13 Water Main 1,058,700 1,091,797 113,458 978,339 10.4% 1,023,700 1,024,400 46,061 4.5% Started With DelDOT for approval. R Water Quality Improvements FY09 $ 3,991,017 $ 3,716,914 $ 1,036,217 $ 2,680,697 27.9% $ 2,404,017 $ 2,788,420 $ 168,407 41.4% Started M/SL DE State University Pumping Station Repl. 386,400 386,400 37,466 348,934 9.7% 336,400 360,473 11,539 3.2% Started Material ordered - August completion. M/SL Fox Hall/Retreat Force Main Rerouting 133,100 139,245 40,270 98,975 28.9% 107,200 107,200 8,225 7.7% Started Construction started. M/SL Acorn Lane Pump Station Replace. 386,400 386,400 38,686 347,714 10.0% 336,400 359,823 12,109 3.4% Started Material ordered - August completion. Totals - FY09 $ 4,896,917 $ 4,628,959 $ 1,152,640 $ 3,476,319 24.9% $ 3,184,017 $ 3,615,916 $ 200,281 5.5% FY2010 Vehicles & Equipment $ 55,600 $ 66,310 $ 62,730 $ 3,580 94.6% $ 55,600 $ 66,310 $ 62,730 94.6% Completed Vehicles and equipment in service. Water Quality - McKee Run Plant $ 100,000 $ 100,000 91,061 8,939 91.1% $ 100,000 $ 100,000 $ 91,061 91.1% M Water Quality - Walker Road 100,000 100,000 23,750 76,250 0.0% 100,000 100,000 23,750 23.8% Started In Design-survey only, in house design. R Wellhead Redevelopment Program 55,000 70,250 70,238 12 100.0% 55,000 70,250 70,238 100.0% Completed Done. Remote Control & Monitor Wells 55,000 55,000 23,104 31,896 42.0% 55,000 55,000 23,104 42.0% Started Radio in, installation next. R Misc. Distribution System Replacements 65,000 49,750 21,188 28,562 42.6% 65,000 49,750 21,188 42.6% Not Started Ongoing, as needed. R Inflow/Infiltration Removal 1,800,000 1,800,000 733 1,799,267 0.0% 1,800,000 1,800,000 733 0.0% Started Bidding in April. R Scada Technology Equip Upgrade 79,300 79,300 57,336 21,964 72.3% 79,300 79,300 57,336 72.3% Completed Done. M Del. State Univ. Force Main Rerouting 137,700 137,700 - 137,700 0.0% 26,800 26,800 - 0.0% Started Being designed by Kent County. M Fox Hall Pump Station 427,900 427,900 - 427,900 0.0% 52,000 52,000 - 0.0% Started Design only, awarded to Braun Engineering. M Heatherfield Pumping Station Upgrade 220,400 220,400 - 220,400 0.0% 40,000 40,000 - 0.0% Started Design only, awarded to Braun Engineering. I Tar Ditch Interceptor Upgrade 518,230 518,230 - 518,230 0.0% 518,230 518,230 - 0.0% Started Design only, awarded to Braun Engineering. R Misc. Sewer System Improvements 33,000 22,290 - 22,290 0.0% 33,000 22,290 - 0.0% Not Started Ongoing, as needed. Various Pump Motor Replacements 45,248 45,248 - 45,248 0.0% - 45,248 - 0.0% Started Grant approved, ordering will begin. Totals - FY10 $ 3,692,378 $ 3,692,378 $ 350,139 $ 3,342,239 9.5% $ 2,979,930 $ 3,025,178 $ 350,139 11.6% Grand Totals $ 16,291,495 $ 15,851,347 $ 2,223,603 $ 13,627,744 14.0% $ 9,565,427 $ 10,866,373 $ 627,317 5.8% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. SL = State Loan Project - construction phase is financed I = Impact Fee Financed Project

City of Dover Electric Improvement & Extension Fund - Major CIP Projects March, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project % Current Revised Fiscal % Project Project To Date Budget Budget Fiscal Yr. Fiscal Yr. YTD Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments FY 2006 M/B 69 KV feeders 3 and 4 $ 11,060,000 $ 8,693,782 $ 8,628,675 $ 65,107 99.3% $ - $ 537,859 $ 472,752 87.9% Completed In service. Completed south of Wyoming. M/S Governor's Avenue Rebuild 1,268,450 2,068,260 501,682 1,566,578 24.3% - 1,629,658 63,079 3.9% Started Conduit in up to Waples. Totals - FY06 $ 12,328,450 $ 10,762,042 $ 9,130,357 $ 1,631,685 84.8% $ - $ 2,167,517 $ 535,832 24.7% FY 2008 Unit 3 Turb Bearing Fire Protect Re-bidding due to delay in Deluge $ 50,000 $ 50,000 $ - $ 50,000 0.0% $ - $ 50,000 $ - 0.0% Started award. M/B Horsepond Road Substation 1,020,000 1,029,397 1,029,397 0 100.0% - - - 0.0% Completed In service. McKee Run Unit 3 Pollution M/B Construction in April. Remediation & Fuel Testing 3,000,000 2,914,910 2,733,432 181,478 93.8% - 300,580 119,102 39.6% Completed M/B St. Jones Substation 5,376,068 5,955,878 5,955,878 (0) 100.0% - 79,692 79,692 100.0% Completed In service. Totals - FY08 $ 9,446,068 $ 9,950,185 $ 9,718,707 $ 231,478 97.7% $ - $ 430,272 $ 198,794 46.2% FY2009 Danner Farm Transformer $ 45,000 $ 45,000 $ 32,971 $ 12,029 73.3% $ - $ 21,417 $ 9,388 43.8% Completed Done. Distribution Upgrades - Schoolview 100,000 175,000 174,335 665 99.6% - 16,398 15,733 95.9% Started On-going. McKee & VanSant Arc Flash 125,000 125,000 41,000 84,000 32.8% 75,000 75,000 - 0.0% Started Should be done in June. Totals - FY09 $ 270,000 $ 345,000 $ 248,306 $ 96,694 205.7% $ 75,000 $ 112,815 $ 25,121 33.5% FY2010 $ 372,814 $ 79,951 82.3% 82.3% Vehicles & Equipment $ 347,042 $ 452,765 $ 347,042 $ 452,765 372,813.89 Completed Truck and Equipment in service. B Vansant CT Mark IV Control (Replmnt) 700,000 610,000 53,865 556,135 8.8% 700,000 610,000 53,865 8.8% Started April completion. B Plant Driveway 240,000 240,000 - 240,000 0.0% 240,000 240,000 - 0.0% Not Started Selecting Paving contractor. R Misc. Upgrades 51,000 51,000 7,224 43,776 14.2% 51,000 51,000 7,224 14.2% Started Ongoing, as needed. McKee Run Smoke/Heat Detection 55,000 55,000 9,438 45,562 17.2% 55,000 55,000 9,438 17.2% Completed Completed. Work Mgmt. System R leplacement 85,000 85,000 83 84,917 0.1% 85,000 85,000 83 0.1% Started Vendor awarded bid. Unit 3 Remove Cyclone Separators 51,000 80,000 - 80,000 0.0% 51,000 80,000 - 0.0% Started Work will start in April. Unit 2 Remove Cyclone Separators 36,000 20,000 - 20,000 0.0% 36,000 20,000 - 0.0% Started Work will start in April. Unit 1 Remove Cyclone Separators 36,000 20,000 - 20,000 0.0% 36,000 20,000 - 0.0% Started Work will start in April. 10 KW Photovoltaic @ McKee 65,065 65,065 - 65,065 0.0% - 65,065 - 0.0% Started Material ordered. S LED Lighting Replacement 70,087 70,087 - 70,087 0.0% - 70,087 - 0.0% Started Contract for LED's being spec'd. R UG Transformers 156,570 156,570 54,713 101,857 34.9% 156,570 156,570 54,713 34.9% Started Ongoing, as needed. R UG Conductors 457,780 457,780 181,935 275,845 39.7% 457,780 438,780 181,935 41.5% Started Ongoing, as needed. R Kent County Lighting Project 216,950 216,950 40,360 176,590 18.6% 216,950 216,950 40,360 18.6% Started Working in Fairfield. R Single & 3 Phase Meters 50,000 50,000 17,618 32,382 35.2% 50,000 50,000 17,618 35.2% Started Ongoing as needed. Total New Developments 881,300 881,300 294,626 586,674 33.4% 881,300 862,300 294,626 34.2% R Lighting Improvements & Rehab 50,000 50,000 37,561 12,439 75.1% 50,000 69,000 37,561 54.4% Started Finishing Govs Aven. R Replacement of 69KV Breakers 183,000 183,000 163,223 19,777 89.2% 183,000 183,000 163,223 89.2% Completed Installed. R Replace SS Equipment (as required) 40,000 40,000 4,786 35,214 12.0% 40,000 47,425 4,786 10.1% Started Ongoing, as needed. R Distribution Capacitors 120,000 120,000 18,887 101,113 15.7% 120,000 120,000 18,887 15.7% Dropped Dropped, no longer needed. Under construction. May M/B Mid City Substation 1,488,461 1,213,711 441,968 771,743 36.4% 1,593,461 1,213,711 441,968 36.4% Started completion planned. R PT & CT Replacement 260,880 260,880 - 260,880 0.0% 260,880 260,880 - 0.0% Completed Material only this year. R Transmission & Switches 23,000 23,000 10,332 12,668 44.9% 23,000 15,575 10,332 66.3% Started Ongoing as needed. R Upgrade Trans., Distr. Lines 351,096 351,096 150,132 200,964 42.8% 351,096 351,096 150,132 42.8% Started Ongoing as needed. B Crossgates 396,904 483,075 390,516 92,559 80.8% 396,904 483,075 390,516 80.8% Started Line burial ongoing. B Buchanan Acres 406,000 406,000 458,960 (52,960) 113.0% 406,000 662,543 458,960 69.3% Started Line burial ongoing. Total Distribution Upgrades 1,154,000 1,240,171 999,608 240,563 80.6% 1,154,000 1,496,714 999,608 66.8% In Kent Acres & S. of Dover. Totals - FY10 $ 6,768,135 $ 6,592,279 $ 2,691,425 $ 3,900,854 40.8% $ 5,906,683 $ 6,017,522 $ 2,414,417 40.1% Grand Totals $ 28,812,653 $ 27,649,506 $ 21,788,795 $ 5,860,711 78.8% $ 5,981,683 $ 8,728,126 $ 3,174,163 36.4% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. B = Bonded Project S = State fully or partially reimbursed project

Page 1 of 2 NOTICE OF PUBLIC HEARING The City of Dover Council will hold a public hearing on Monday, June 14, 2010 at 7:30 PM in the Council Chambers of Dover City Hall to consider adoption of the following proposed Electric Fund budgets for the fiscal year beginning July 1, 2010 to June 30, 2011. The following budgets have been submitted to the Mayor and Council for their review and consideration and the amounts are subject to change. Reference copies of the proposed budget are available at the Dover Public Library, Weyandt Hall (5 East Reed Street), and the City Clerk’s Office. ELECTRIC REVENUE FUND REVENUES Beginning Balance $ 12,047,275 Direct Sales to Customers 96,595,300 Utility Tax 1,864,800 Green Energy 128,600 Miscellaneous Revenue 891,200 Rent Revenue 186,816 Intrafund Service Receipts Water/Wastewater 299,795 Interest Earnings 65,700 TOTAL REVENUES $ 112,079,486 EXPENSES Power Supply $ 48,059,699 Power Supply Management 2,280,000 PJM Charges – Load 11,850,876 Capacity Charges 11,618,223 Plant Operations 5,694,315 Generations Fuels 297,820 PJM Credits (720,797) Capacity Credits (11,488,785) Transmission/Distribution 3,041,804 Electrical Engineering 2,014,860 Administration 609,993 Meter Reading 223,506 System Operations 518,053 Utility Tax 1,864,800 Direct Expenses Subtotal $ 75,864,367 Other Expenses: Allow for Uncollectibles $ 135,000

Retirees Healthcare 639,110 Intrafund Service Fees 3,401,951 Debt Service 4,058,700 Green Energy 128,600 Interest on Deposits 54,500 Inventory Write Offs 175,000 Other Expenses Subtotal $ 8,592,861 Transfer to: Improvement & Extension $ 3,500,000 General Fund 7,250,000 Transfer to Unfunded Liability 833,000 Transfer to OPEB 1,200,000 Transfer to Depreciation Reserve 1,000,000 Transfer to Future Capacity 500,000 Rate Stabilization Reserve 1,300,000 Transfer To Subtotal $ 15,583,000 TOTAL EXPENSES $ 100,040,228 CARRIED FORWARD BALANCE 12,039,258 TOTAL BUDGET $ 112,079,486 ELECTRIC CAPITAL PROJECTS FUND CASH RECEIPTS Prior Year Balance $ 1,763,860 Interest Earnings 40,700 Transfer from Electric 3,500,000 TOTAL RECEIPTS $5,304,560 EXPENSE SUMMARY Electric Generation $ 1,480,068 Transmission and Distribution 739,000 Electrical Engineering 1,390,429 Current Year Balance 1,695,063 TOTAL EXPENSES $ 5,304,560

ANNUAL MEETING COUNCIL PRESIDENT APPOINTMENTS - 2010/2011 (Deferred Until May 24, 2010) 1. COMMITTEE APPOINTMENTS - COUNCIL - These appointments are required by City Code to be made by the Council President for Council confirmation during the Annual Meeting. A. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE - Shall consist of five (5) members, three (3) of said members shall be elected City officials and the other two (2) members shall be City residents. Four (4) members shall be appointed by the Council President and one (1) member shall be appointed by the Committee Chair. 1. Thomas J Leary __________________ - Chairman 2. James G McGiffin, Jr 3. Reuben Salters 4. Daniel Shevock (appt. by Council President) 5. Bobby Jones (appt. by Committee Chair) B. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE - Shall consist of five (5) members, three (3) of said members shall be elected City officials and the other two (2) members shall be City residents. Four (4) members shall be appointed by the Council President and one (1) member shall be appointed by the Committee Chair. 1. Sophia R. Russell - Chairman 2. Eugene B. Ruane 3. William P. McGlumphy 4. Ann Horsey (appt. by Council President) 5. David A. Lewis Jr. (appt. by Committee Chair) C. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE - Shall consist of five (5) members, three (3) of said members shall be elected City officials and the other two (2) members shall be City residents. Four (4) members shall be appointed by the Council President and one (1) member shall be appointed by the Committee Chair. 1. Beverly C. Williams - Chairman 2. David Bonar 3. Sophia R. Russell 4. John J. Davis ___ (appt. by Council President) 5. Mark D. Harmon (appt. by Committee Chair)

ANNUAL MEETING - COUNCIL PRESIDENT APPOINTMENTS FOR 2010/2011 PAGE 2 COMMITTEE APPOINTMENTS - COUNCIL (Continued) D. UTILITY COMMITTEE - Shall consist of five (5) members, three (3) of said members shall be elected City officials and the other two (2) members shall be City residents. Four (4) members shall be appointed by the Council President and one (1) member shall be appointed by the Committee Chair. 1. Eugene B. Ruane - Chairman 2. David Bonar 3. James G. McGiffin, Jr. 4. Richard Snaman (appt. by Council President) 5. Richard Kosior (appt. by Committee Chair) E. CIVILIAN PENSION BOARD - Shall consist of seven (7) members, consisting of two (2) elected City officials appointed at the Annual Meeting, the City Manager, the City Finance Director/Treasurer and three (3) members shall be elected by eligible employees, with three-year staggered terms. 1. Thomas J. Leary 2. William P. McGlumphy F. CONSTRUCTION CODE BOARD OF APPEALS (Plumbing, Mechanical, and Fire Prevention) - Shall consist of three (3) members, two (2) of said members being elected City officials, and one member shall be the City Manager. 1. James G. McGiffin, Jr. - Chairman 2. Beverly C. Williams G. POLICE PENSION BOARD - Shall consists of seven (7) members, consisting of two (2) elected City officials appointed at the Annual Meeting, the City Manager, Chief of Police, and three (3) members shall be elected by members of the plan and presented to Council for confirmation (staggered terms - January). 1. Thomas J. Leary 2. William P. McGlumphy

ANNUAL MEETING - COUNCIL PRESIDENT APPOINTMENTS FOR 2010/2011 PAGE 3 MISCELLANEOUS COMMITTEE APPOINTMENTS - COUNCIL PRESIDENT A. LIAISON TO CHAMBER OF COMMERCE & GREATER DOVER COMMITTEE 1. Carleton E. Carey, Sr., Mayor 2. Kenneth L. Hogan, Council President B. LIAISON TO KENT COUNTY (CITY/COUNTY COMMITTEE) 1. Carleton E. Carey, Sr., Mayor 2. Kenneth L. Hogan, Council President 3. Thomas J. Leary 4. William P. McGlumphy 5. Reuben Salters 6. Anthony J. DePrima, City Manager C. KENT COUNTY TOURISM 1. Kenneth L. Hogan /tm Prepared by: City Clerk's Office/tm S:\ANNUALMEETING\ANNUAL MEETING BLOCKS\Committee Appointments-CP.wpd

PETITION TO AMEND AND ZONING DISTRICT First Reading before the Dover City Council May 24, 2010 Applicants/Owners: Rt.8 & Saulsbury Road, LLC Address: Saulsbury Road, Dover Location: East side of Saulsbury Road, south of the intersection with Forrest Avenue Tax Parcel ID #: ED05-076.11-01-24.00-000 Size: 1.0+/- acres (43,560 S.F.) Present Use: Vacant Proposed Use: Commercial Retail Comprehensive Plan Designation: Commercial Present Zoning: CPO (Commercial/Professional Office Zone) COZ-1 (Corridor Overlay Zone) Proposed Zoning: C-2A (Limited Central Commercial Zone) COZ-1 (Corridor Overlay Zone) Reason for Request: To allow for retail uses on the site. File Number: Z-10-05

City of Dover Application No.: Z-10-05 Department of Planning & Inspections FOREST STREET HARTLY ROAD C-2A BERTRAND DRIVE BEDFORD DRIVE Site CPO ET LINCOLN STRE SC-2 BU SAULS RG-1 JAWD DRIVE AD RY RO Plan Title: Lands of Route 8 & Saulsbury Road, LLC Location: Saulsbury Road Legend Plan Type: Rezoning Tax Parcel: ED05-076.11-01-24.00-000 Zoning Current Zoning: CPO and COZ-1 Dover Parcels Proposed Zoning: C-2A and COZ-1 Owner: Route 8 & Saulsbury Road, LLC Corridor Overlay Zone Date: 05-12-10 0 90 180 360 Feet «

FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2010-15 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE 2 CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED 3 ON SAULSBURY ROAD SOUTH OF FORREST AVENUE 4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within 5 the limits of the City of Dover; and 6 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of 7 property described below from C-PO (Commercial/Professional Office Zone) and subject to COZ-1 8 (Corridor Overlay Zone) to C-2A (Limited Central Commercial Zone) and subject to COZ-1 9 (Corridor Overlay Zone). 10 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 11 DOVER, IN COUNCIL MET: 12 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 13 Ordinance of the City of Dover have been amended by changing the zoning designation from 14 C-PO (Commercial/Professional Office Zone) and subject to COZ-1 (Corridor Overlay Zone) 15 to C-2A (Limited Central Commercial Zone) and subject to COZ-1 (Corridor Overlay Zone) 16 on that property located on the east side of Saulsbury Road south of the intersection of 17 Forrest Avenue/Forest Street, consisting of 1.01+/- acres, owned by Route 8 and 18 Saulsbury Road, L.L.C. 19 (Tax Parcel: ED-05-076.11-01-24.00-000; Planning Reference: Z-10-05) . 20 ADOPTED: * 21 S:\ORDINANCES\2010\Draft Ordinances\Ordinance 2010-15 - Rezoning-Saulsbury Rd. South of Forrest Avenue-1st Rdg.wpd 22 Actions History 23 May 24, 2010 - First Reading - Council 24

PETITION TO AMEND AND ZONING DISTRICT First Reading before the Dover City Council May 24, 2010 Applicants/Owners: Mor-Kath-Ric, LLC Address: 217 & 223 McKee Road, Dover Location: East side of McKee Road, adjacent to the Northwest Dover Heights subdivision Tax Parcel ID #s: ED05-067.15-02-01.00 and ED05-067.15-02-02.00 Size: 1.12+/- acres (48,787.2S.F.) Present Use: Vacant Proposed Use: Residential Comprehensive Plan Designation: Residential Medium Density Present Zoning: R-7 (One Family Residence Zone) COZ-1 (Corridor Overlay Zone) Proposed Zoning: RM-1 (Medium Density Residence Zone) COZ-1 (Corridor Overlay Zone) Reason for Request: To allow for the construction of townhomes on the site. File Number: Z-10-06

City of Dover Application No.: Z-10-06 Department of Planning & Inspections IPM A LO N ZO DR I VE M R-7 CK EE RO AD Site IVE DR AN O R N YL AV TA EN U E R-8 QU A IL H OL LO W DR IVE EET N STR RG-3 BR OW Plan Title: Lands of Mor-Kath-Ric, LLC Location: 217 & 223 McKee Road Legend Plan Type: Rezoning Tax Parcels: ED05-067.15-02-01.00 and ED05-067.15-02-02.00 Zoning Current Zoning: R-7 and COZ-1 Dover Parcels Proposed Zoning: RM-1 and COZ-1 Owner: Mor-Kath-Ric, LLC Corridor Overlay Zone Date: 05-12-10 0 87.5 175 350 Feet «

FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2010-16 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE 2 CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTIES LOCATED 3 AT 217 McKEE ROAD AND 223 McKEE ROAD 4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within 5 the limits of the City of Dover; and 6 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of 7 the properties described below from R-7 (One Family Residence Zone) and subject to COZ-1 8 (Corridor Overlay Zone) to RM-1 (Medium Density Residence Zone) and subject to COZ-1 9 (Corridor Overlay Zone). 10 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 11 DOVER, IN COUNCIL MET: 12 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 13 Ordinance of the City of Dover have been amended by changing the zoning designation from 14 from R-7 (One Family Residence Zone) and subject to COZ-1 (Corridor Overlay Zone) to 15 RM-1 (Medium Density Residence Zone) and subject to COZ-1 (Corridor Overlay Zone) on 16 those properties located at 217 McKee Road and 223 McKee Road (east side of McKee Road 17 Road north of Taylor Drive and adjacent to the Northwest Dover Heights subdivision), 18 consisting of 1.12+/- acres, owned by Mor-Kath-Ric, LLC. 19 (Tax Parcels: ED-05-067.15-02-02.00-000 and ED-05-067.15-02-01.00-000; Planning Reference : Z-10-06) 20 ADOPTED: * 21 S:\ORDINANCES\2010\Draft Ordinances\Ordinance 2010-16 - Rezoning -217 and 223 McKee Rd-1st Reading.wpd 22 Actions History 23 May 24, 2010 - First Reading - Council

PETITION TO AMEND AND ZONING DISTRICT First Reading before the Dover City Council May 24, 2010 Applicants/Owners: Robert and Nancy Kauffman Address: 40 Ridgely Street, Dover Location: East side of Ridgely Street, north of Division Street Tax Parcel ID #: ED-05-076.08-01-26.01 Size: 2.004+/- acres (87,294 S.F.) Present Use: Warehousing and Assembly Proposed Use: Service and Warehousing Comprehensive Plan Designation: Industrial and Public Utilities Present Zoning: M (Manufacturing Zone) COZ-1 (Corridor Overlay Zone) Proposed Zoning: C-3 (Service Commercial Zone) COZ-1 (Corridor Overlay Zone) Reason for Request: To allow for service commercial uses. File Number: Z-10-07

City of Dover Application No.: Z-10-07 Department of Planning & Inspections W KIRK OOD EET IL STR CEC STR EET IPM T REE TON ST FUL T REE TON ST FU L Site RIDG C-1A IO M EE STR ELY EE T STR T C-2A ION D IVIS T NUE REE AVE WES T ST AD T ON WES RAILRO DR C-3 IVE FORES T STREET CPO C-1 E GIBBS DRIV RG-1 ET LINCOLN STRE R-8 Plan Title: Lands of Robert & Nancy Kauffman Location: 40-60 Ridgely Street Legend Plan Type: Rezoning Tax Parcel: ED05-076.08-01-26.01 Zoning Current Zoning: M and COZ-1 Dover Parcels Proposed Zoning: C-3 and COZ-1 Owner: Robert & Nancy Kauffman Corridor Overlay Zone Date: 05-12-10 0 175 350 700 Feet «

FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2010-17 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE 2 CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED 3 AT 40-60 RIDGELY STREET 4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within 5 the limits of the City of Dover; and 6 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of 7 property described below from M (Manufacturing Zone) and subject to COZ-1 (Corridor Overlay 8 Zone) to C-3 (Service Commercial Zone) and subject to COZ-1 (Corridor Overlay Zone). 9 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 10 DOVER, IN COUNCIL MET: 11 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 12 Ordinance of the City of Dover have been amended by changing the zoning designation from 13 M (Manufacturing Zone) and subject to COZ-1 (Corridor Overlay Zone) to C-3 (Service 14 Commercial Zone) and subject to COZ-1 (Corridor Overlay Zone) on that property located 15 at 40-60 Ridgely Street (on the west side of Ridgely Street at the intersection with 16 Fulton Street), consisting of 2.0047+/- acres, owned by Robert A. and Nancy H. Kauffman. 17 (Tax Parcel: ED-05-076.08-01-26.01-000; Planning Reference Z-10-07) 18 ADOPTED: * 19 S:\ORDINANCES\2010\Draft Ordinances\Ordinance 2010-17 - Rezoning-40-60 Ridgely Street-1st Reading.wpd 20 Actions History 21 May 24, 2010 - First Reading - Council

FINAL READING CITY OF DOVER ORDINANCE #2010-11 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Appendix F – Fees and Fines, Chapter 26-Businesses, Article II-Licenses, be amended by inserting 5 the text indicated in bold, red and deleting the text indicated in red strikeout as follows: 6 7 Section 26-35; License required; fees . 8 Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall 9 be automatically doubled in amount. 10 The annual fee for business licenses, will automatically be escalated on July 1 of each year based 11 on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W); Selected 12 areas, all items index – Philadelphia – Wilmington-Atlantic City PA-NJ-DE-MD (CPI) as 13 published by the U.S. Department of Labor’s Bureau of Labor Statistics based on the prior 14 December to December change, not to exceed 5% per year , but not less than the current year’s 15 fee. This escalation does not pertain to any business licenses calculated based on aggregate gross 16 receipts, but it does apply to those business licenses’ minimum charges. 17 Sec. 26-35 Subsec. (d)(1) 18 License required; fees 19 Businesses licensed 20 Advertising agency.......... $92.00 21 Amusement operator.......... $152.00 22 Architect.......... $242.00 23 Attorney-at-law.......... $303.00 24 ATM machines (third-party or off bank premises)..........$49.00 25 Auctioneer.......... $152.00 26 Automobile race operator..........$363.00 27 Bank, or loan and trust company..........$303.00

Proposed Ordinance #2010-09 Page | 2 28 Barber.......... $61.00 29 each additional chair over two..........$4.00 30 Beautician.......... $61.00 31 each additional chair over two..........$4.00 32 Broadcasting station...$303.00 33 Broker.......... $152.00 34 Car wash......... $182.00 35 Certified public accountant..........$242.00 36 Cesspool cleaner..........$121.00 37 Chiropractor.......... $303.00 38 Clinical social worker.......... $93.00 39 Coin-operated amusement machine owner 40 Per machine..........$3.00 41 Coin-operating vending machine owner 42 Per machine $3.00 43 Coin-operated electronic video machine 44 Per machine $121.00 45 Commercial sign business.......... $121.00 46 Computer-related services..........$121.00 47 Consultant.......... $49.00 48 Day care operator: 49 Center or home provider with greater than six 50 children.......... $49.00 51 Dentist.......... $303.00 52 Distributor.......... $61.00 53 Dray person or mover..........$121.00 54 Eating establishment and/or eating establishment 55 operator.......... $121.00 56 Employment agency.......... $121.00 57 Entertainer: 58 One--three entertainers per group..........$49.00 59 Four--nine entertainers per group.......... $92.00 60 Ten or more..........$121.00

Proposed Ordinance #2010-09 Page | 3 61 Entertainment agent.......... $182.00 62 Finance or small loan agency.......... $242.00 63 Fitness trainer.......... $67.00 64 Funeral director.......... $242.00 65 Gaming position.......... $150.00 66 Gas, light, power, cable TV and telephone company..........$908.00 67 General repairman.......... $61.00 68 Health spa or health club..........$182.00 69 Home day care operator.......... $25.00 70 Hotel: 71 Per room.......... $9.00 72 Per suite..........$12.00 73 Income tax consultant.......... $182.00 74 Incorporator.......... $121.00 75 Insurance adjustor office.......... $121.00 76 Itinerant merchant, per event....$40.00 77 Janitorial and cleaning service: 78 One--three employees..........$49.00 79 Four--nine employees......... $92.00 80 Ten or more employees....... $121.00 81 Landscape service company: 82 One--three employees.......... $49.00 83 Four--nine employees.......... $92.00 84 Ten or more employees..........$121.00 85 Laundry service operator: 86 Primary facility......... $121.00 87 Additional drop-off locations.......... $49.00 88 Linen supplier.......... $121.00 89 Manicurist.......... $31.00 90 Manufacturer's agent or representative.......... $121.00 91 Mercantile agency or collection agency.......... $121.00 92 Mobile home park, per space.......... $7.00 93 Motel, per room.......... $7.00

Proposed Ordinance #2010-09 Page | 4 94 Motion picture theater......... $182.00 95 Motor vehicle serviceman.....$92.00 96 Nursing, rest or convalescent home.......... $182.00 97 Open market operator: 98 First 20 spaces, per rented space..........$22.00 99 21st--50th space, per rented space.......... $11.00 100 Each space over 50, per rented space.......... $6.00 101 Outdoor tables, per table.......... $6.00 102 Optometrist.......... $303.00 103 Pawnbroker.......... $182.00 104 Pest control services.......... $92.00 105 Pharmacist.......... $182.00 106 Photographer.......... $121.00 107 Physical therapist..........$182.00 108 Physician and/or surgeon.......... $303.00 109 Plant nursery and florist.......... $92.00 110 Podiatrist.......... $303.00 111 Pool table operator, per table..........$61.00 112 Maximum fee.......... $183.00 113 Printer.......... $121.00 114 Private investigator agency.......... $182.00 115 Professional counselor.......... $61.00 116 Professional engineer.......... $242.00 117 Professional land surveyor... $242.00 118 Psychologist.......... $303.00 119 Public accountant....... $182.00 120 Public stenographer....$37.00 121 Publisher.......... $303.00 122 Real estate broker, appraiser, and manager.......... $152.00 123 Real estate development corporation.......... $333.00 124 Real estate property manager: 125 One--three units managed.......... $49.00 126 Four--ten units managed..........$121.00

Proposed Ordinance #2010-09 Page | 5 127 Ten + units managed.......... $121.00 128 Real estate salesperson or associated broker..........$49.00 129 Rental service.......... $121.00 130 Sales representative $49.00 131 School and educational service (nonvocational).......... $61.00 132 School and educational service (vocational).......... $121.00 133 Scientific laboratory.......... $242.00 134 Scrap and waste material service.......... $121.00 135 Secondhand dealer of precious metals.......... $121.00 136 Security service.......... $182.00 137 Self-service laundry or dry cleaner.......... $121.00 138 Shoe repairman.......... $49.00 139 Sound truck, per hour.......... $31.00 140 Tailor and garment service.....$49.00 141 Taxicab or bus operator: 142 First vehicle.......... $25.00 143 Each additional vehicle.......... $25.00 144 Tourist home, per room.......... $7.00 145 Trailer park, per space.......... $7.00 146 Travel agency.......... $121.00 147 Veterinarian.......... $303.00 148 Warehouseman.......... $242.00 149 Wholesale news agency........ $61.00 150 All other businesses not listed: 151 One--three employees......$49.00 152 Four--nine employees......$92.00 153 Ten--50 employees.......... $121.00 154 51--100 employees.......... $303.00 155 Subsec. (d)(2) Manufacturers/contractors rate: $0.00046 of aggregate gross receipts.......... 156 Minimum fee $121.00 157 Subsec. (d)(3) Merchants/bottlers rate: $0.00046 of aggregate gross purchases for resale.......... 158 Minimum fee $61.00 159 Subsec. (d)(4) Sports betting and horse racing (Simulcast), each activity: rate of $0.00046 of the

Proposed Ordinance #2010-09 Page | 6 160 aggregate gross receipts (defined as commission) for the activity.......... 161 Minimum license fee $121.00. 162 163 BE IT FURTHER ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, 164 IN COUNCIL MET: 165 166 Section 26-36 Determination of license fee; duties of license officer; refunds 167 (a) Generally. License fees shall be in the amounts established in this article, and as further determined 168 in this section. The annual fee for business licenses, will automatically be escalated on July 1 of 169 each year based on the Consumer Price Index for Urban Wage Earners and Clerical Workers 170 (CPI-W); Selected areas, all items index – Philadelphia – Wilmington-Atlantic City PA-NJ-DE- 171 MD (CPI) as published by the U.S. Department of Labor’s Bureau of Labor Statistics based on 172 the prior December to December change, not to exceed 5% per year , but not less than the current 173 year’s fee. This escalation does not pertain to any business licenses calculated based on aggregate 174 gross receipts, but it does apply to those business licenses’ minimum charges. 175 (b) Duties of license officer. The license officer shall: 176 (1) Higher fee. Require the payment of an additional or higher license fee, to be prorated for 177 the balance of the license period, when a licensee places himself in that status under this article by: 178 a. Increasing the number of his employees. 179 b. Expanding the size of his business, plant or premises. 180 c. Increasing the number or size of his vehicles. 181 d. Making any other lawful and material change of any kind in his business. 182 (2) Partial refund. Refund a proportion of the amount of fee already paid, prorated for the 183 balance of the license period, upon notification by a licensee of his voluntary retirement from business. 184 (3) Late commencement of business. Prorate the license fee for the balance of any license 185 period, including minimum license fees of any business commenced after the beginning of the license 186 period. Prorating of the license fee shall not occur for contractors who receive a per job license, or for 187 itinerant merchant licensees. 188 (c) Refund. 189 (1) Except as provided, no rebate or refund of any license fee or part thereof shall be made by 190 reason of the nonuse of the license or by reason of a change of location or business rendering the use of 191 the license ineffective. The license officer shall have the authority to refund a license fee or prorated 192 portion thereof where:

Proposed Ordinance #2010-09 Page | 7 193 a. Error. The license fee was collected through an error. 194 b. Hardship. Some particular hardship might be involved. 195 c. Death or incapacity. The licensee has been prevented from enjoying the full 196 license privilege due to his death or incapacity to engage in the business. 197 d. Armed services. The licensee has entered the armed services of the United States 198 through induction or enlistment and is thereby rendered unable to conduct the 199 business. 200 e. Government takeover. The licensed business is forced to close before the 201 expiration of the license period by reason of the taking over of the business 202 or licensed premises by the United States government, the state or this city. 203 f. Fire, casualty. The licensed business was destroyed by fire or other 204 casualty through no fault of the licensee. 205 (2) A rebate or refund provided for in this subsection (c) shall be based upon the number of 206 days in the license period remaining after the occurrence of the event relied upon for the rebate. 207 208 (Code 1968, § 18-18; Code 1981, § 11-5; Ord. of 2-23-1998) 209 210 ADOPTED: * 211 212 SYNOPSIS 213 Establishes an annual automated escalation for business licenses. 214 215 216 Actions History: 217 May 24, 2010 - Proposed Final Reading - Council 218 May 24, 2010 - Considered by Legislative, Finance & Administration Committee 219 April 26, 2010 - First Reading - Council; Referred Back to Legislative, Finance & Administration Committee 220 April 12, 2010 - Introduced at Legislative, Finance & Administration Committee