Council Packet

REGULAR COUNCIL MEETING AGENDA April 11, 2005 - 7:30 P.M. - Council Chambers - City Hall - City of Dover OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.) INVOCATION BY CHAPLAIN WALLACE DIXON PLEDGE OF ALLEGIANCE AGENDA ADDITIONS/DELETIONS * CONSENT AGENDA Those items on the Council Agenda which are considered routine and non-controversial shall be marked with an asterisk (*) and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. * 1. Adoption of Minutes - Regular Council Meeting of March 28, 2005 2. Certificate of Recognition - Geoffrey “Rocky” Myers 3. Certificate of Commendation - Members of the Dover Fire Department 4. Presentation to Councilman Salters - GFWC Federation Guild - Mrs. Trisha Rodriguez 5. Public Hearing/Final Reading - Rezoning Property located on the north side of Forest Street between South West Street and South Kirkwood Street, being 585 Forest Street, 111 South West Street, and 122 South Kirkwood Street, owned by Robert M. Duncan. These properties are currently zoned C-3 (Service Commercial) and C-2 (Central Commercial) and the proposed zoning is C-1A (Limited Commercial). The First Reading of the proposed ordinance was accomplished during the Council Meeting of February 28, 2005. * 6. Legislative, Finance, and Administration Committee Report - March 28, 2005 A. City Assessment Update - Cole Layer Trumble Company 7. Parks, Recreation, and Community Enhancement Committee Report - March 29, 2005 A. Discussion - Vacant Building Ordinance * 8. Proposals/Bids A. IT Help Desk Tracking and Network Security/Performance Monitoring B. Agenda and Legislative Management Software C. Radio Console Furniture Purchase - Police Department D. Replacement of Heating and Cooling Units - Dover Parks and Recreation Building (considered during the Legislative, Finance, and Administration Committee Meeting earlier in the evening)

Council Agenda April 11, 2005 Page 2 9. Final Reading - Proposed Ordinances The First Reading of the following proposed ordinances was accomplished during the Council Meeting of March 28, 2005. Copies of the proposed ordinances are available at the entrance of the Council Chambers. A. Revised Budgets for Fiscal Year 2004/2005 B. Building, Residential, Mechanical, Plumbing, and Property Maintenance Codes: b-1. Chapter 5 - Building and Building Regulations b-2. Chapter 7 - Fire Prevention, Protection b-3. Chapter 10 - Housing and Property Maintenance C. Chapter 4.5 - Bicycles 10. Council Members Comments /jg S:\ClerksOffice\Agendas&Minutes\Council-Agendas\2005\04-11-2005.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.

REGULAR COUNCIL MEETING The Regular Council Meeting was held on March 28, 2005 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane. Council staff members present were Police Chief Horvath, Mr. Cooper, Mrs. Mitchell, Mr. Galvin, Assistant Fire Chief Carey, Mr. Koenig (Public W orks Director serving in the absence of the City Manager, Mr. DePrima) , City Solicitor Rodriguez, Mrs. Green, and Mayor Speed. OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action. There was no one present wishing to speak during the Open Forum The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Mr. Carey moved for approval of the agenda, seconded by Mr. Salters and unanimously carried. Council President Williams requested that item #8A be removed from the consent agenda. Mr. Ritter requested that items #8B and #8C be removed from the consent agenda. Mr. Carey moved for approval of the consent agenda as amended, seconded by Mr. Sadusky and unanimously carried. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MARCH 14, 2005 The Minutes of the Regular Council Meeting of March 14, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Sadusky and bore the written approval of Mayor Speed. RESOLUTIONS: PRESENTATION OF CITY OF DOVER MEDALS - TIMOTHY PORTER (BRONZE MEDAL) AND DAVID HISER (SILVER MEDAL) The City Clerk read the following Resolutions into the record: WHEREAS, on December 3, 2004 , Mr. David A. Hiser and Mr. Timothy A. Porter, linemen for the City of Dover Electric Department, were working in the vicinity of Lakeland Mobile Home Park when they observed that a mobile home on Pugh Avenue was on fire; and WHEREAS, once Mr. Hiser and Mr. Porter notified the Fire Department of the situation, Mr. Porter disconnected the electric source, a common practice of the Fire Department, and Mr. Hiser entered the mobile home to search for trapped occupants; and

CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 2 WHEREAS, the courageous actions of these men were acts of heroism which deserve special recognition by the governing body of this City. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That the Mayor and Council recognize that Mr. Porter’s quick response in disconnecting the electric was a meritorious act and that Mr. Hiser risked his life by entering the burning mobile home to search for occupants who may have been trapped inside . 2. In recognition of their heroic actions, the Mayor and Council award Mr. Timothy A. Porter with a City of Dover Bronze Medal and Mr. David A. Hiser with a City of Dover Silver Medal and direct the City Clerk to make this Resolution a part of the permanent records of the City of Dover. ADOPTED: MARCH 28, 2005 Mayor Speed presented Mr. Timothy Porter with a City of Dover Bronze Medal and Mr. David Hiser with a City of Dover Silver Medal. PROCLAMATION - FAIR HOUSING MONTH The City Clerk read the following Proclamation into the record: WHEREAS, fair housing issues are of concern to all citizens; and WHEREAS, discrimination continues against minorities in several areas of housing, including lending practices, areas of ownership & restrictive covenants dealing with the sale of homes; and WHEREAS, the members of Dover’s City Council have pledged to commit thousands of dollars in Community Block Grant Funds to support efforts to increase home ownership within the City of Dover; and WHEREAS, many groups in Delaware remain committed to fair housing for all citizens, including the Delaware State Housing Authority, Delaware Housing Coalition, Housing Opportunities of Northern Delaware, and the Statewide Association of Tenants; and WHEREAS, the Dover Human Relations Commission is concerned with all elements of fair treatment of City residents, including fair housing practices; and WHEREAS, the City of Dover has partnered with other groups to facilitate and advance housing issues. NOW, THEREFORE, I, Stephen R. Speed, Mayor of the City of Dover, do hereby proclaim the Month of April 2005 as Fair Housing Month and commend this observance to all of our citizens.

CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 3 PRESENTATION OF AWARDS BY MAIN STREET DOVER - ST. PATRICK’S DAY PARADE Mr. Ed Perez, Main Street Director, Mr. Bill Malone, Governmental Relations for Comcast (sponsor of the St. Patrick’s Day Parade) , and Ms. Jennifer Allen, Committee Chair, presented awards for the 12th Annual St. Patrick’s Day Parade, as follows: Category Recipient Pot O’ Gold - Anything with W heels Delaware Jeep Association Leprechaun Award - Best Brigade/Marching Unit Dover Air Force Base The Blarney Award - Best Mascot Delaware State News Newshound The Green Machine - Best Float Eastern Shore Natural Gas The Aran Award - Best Animal Robert & Tally Bodner (2 Pomeranian Dogs) The Harp Award - Best Music Group Bagpiper W illiam Frantz Shamrock Award - Most Authentic Irish Theme Molly Malone Brigade sponsored by W T Smithers Mary Fitzpatrick Award - Best Overall South Dover Elementary PTA Certificate of Appreciation - 12th Annual St. Patrick’s Day Committee The City Clerk read the following Certificate into the record: Be It Hereby Known to All That The Mayor and Council Commend Jen Allen, Chair Mary Fitzpatrick Carol Lettieri Bill Bauer Carole Gallagher Cathy Marker Barbara Burkert Fred Gallagher Jeff Reed Anne Casey Dr. Dan Houghtaling Steve Welde Leslie Corello Dan Lettieri Connie Welde For Promoting the Revitalization of Downtown Dover by Volunteering Their Time to Bring Families to the Downtown Area for Main Street’s St. Patrick’s Day Parade by Serving as a Member of The 12th Annual St. Patrick’s Day Committee Presented this 28th Day of March 2005 On behalf of Main Street, Mr. Perez relayed appreciation to those who served on the Committee for their dedication. PRESENTATION - POLICE DEPARTMENT ANNUAL REPORT Chief Horvath gave a power point presentation of the Police Department Annual Report for the Year 2004. The Report was presented and accepted by Council during their Regular Meeting of March 14, 2005 (as on file in the Office of the City Clerk). Concurring with Mr. Ritter, Chief Horvath explained that there are problems with tracking homeless sex offenders and those who have moved from their registered home address.

CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 4 Responding to Mr. Ruane, Chief Horvath stated that one of the number one complaints received from neighborhood surveys is traffic violations in the neighborhood. When complaints are received, he stated that attempts are made to schedule resources for those areas. He urged citizens to contact the Police Department to relay their concerns about their neighborhood immediately so that appropriate action can be taken. UPDATE (325 DAY) - BROWN WATER Mr. Koenig, Public Works Director, provided a Power Point Presentation on the 325-day update for Brown Water (Exhibit #1). He advised members that staff is currently evaluating various funding options for the water system, developing different strategies to address every option available, and has made preliminary presentations to the City Manager. The presentations will be further developed over the next few months and will be part of the Water Utility Budget and Capital Investments Plan. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - MARCH 1, 2005 The Parks, Recreation, and Community Enhancement Committee met on March 1, 2005 with Chairman Pitts presiding. City Clerk’s Office Note: During the March 14, 2005 Council Meeting, members deferred action on the committee’s recommendations regarding the Ideas of Mayor Speed for Neighborhood Improvements contained in the committee’s report. Discussion - Ideas of Mayor Speed for Neighborhood Improvements During the Council Retreat held on January 21, 2005, Mayor Speed proposed consideration of a Homeownership Initiative for the Downtown area, including: monetary incentives; zoning changes to include a new, mixed-use Downtown Zone as specified in the Comprehensive Plan; nuisance property enforcement; transfer tax elimination for first time home buyers; real estate tax abatement in the target area; and, elimination of conversion from Single to Multi-family homes. Mayor Speed provided a map of the targeted area, from Mary Street to Loockerman Street and Governor’s Avenue to West Street, which he suggested should be concentrated on at this time, and provided information on the following: A. Monetary Incentives: 1. Extend 1st Time Home Buyer Transfer Tax Exemption to the Seller Mayor Speed stated that most municipalities currently have a first time home buyer transfer tax exemption in place for the seller and he would like to implement a similar exemption, initially in the target area and then extended Citywide, for the following reasons: 1) the City of Dover is below the national average Citywide in home ownership; and 2) it would prevent problem areas from surfacing in other areas of the City. Had this program been in place in June 2004, the approximate cost would have been $122,000. Mr. Ruane stated tax exemption for the seller seems like a reward for moving out of the City. Responding, Mayor Speed stated that the loss of revenue assumes a static situation and assumes that the process has no effect. An increase in home ownership within the City will result in increased property values,

CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 5 which will increase tax revenues every three (3) years when the reassessment is completed. The committee recommended extending the first time home buyer transfer tax exemption to the seller in the target area, defined as Mary Street to Loockerman Street and Governors Avenue to West Street. By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote. It is noted that the recommendation requires the development of an ordinance which will be reviewed by the Legislative, Finance, and Administration Committee. 2. Real Estate Tax Abatement for Home Purchasers in the Target Area Mayor Speed proposed implementing a real estate tax abatement program for anyone purchasing homes in the target area. This could be accomplished by waiving the property taxes the first year and gradually increasing the percentage of the tax due until the property owner is paying 100% of their tax bill. Responding to Mr. Hogan, Mayor Speed stated that this would include the purchase of homes in the target area and would not be limited to rental properties. The committee recommended that staff prepare an ordinance which would phase in tax abatement over a period of time, as follows: No taxes in the first year; 25% in the second year; 50% in the third year; 75% in the fourth year; and 100% the fifth year, with the stipulation that the program only be open for five years, after which time it will automatically expire; it was also stipulated that the homeowner would be required to occupy the home until they are paying 100% of the taxes or that they rebate any taxes that they were exempt from and that the area of exemption be defined as being from Mary Street to Loockerman Street and Governors Avenue to West Street. By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote. 3. Partnership to Create Reduced Cost Mortgages in Target Area Mayor Speed advised members that a partnership was created with the Downtown Dover Development Corporation to create reduced cost mortgages in the target area in an effort to reduce barriers to home ownership, such as qualifying for mortgages. No further action was taken by the committee at this time. 4. Increase Community Development Downpayment Assistance Mayor Speed stated that the increase in Community Development downpayment assistance has been implemented. The committee recommended that Council support priority use of the Community Block Development Grant (CDBG) money in its five year goal plan with the focus

CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 6 being: 1) the Community Development Downpayment Assistance Program; and 2) Rehabilitation. By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote. B. Zoning Changes: 1. New Mixed Use Zone Mayor Speed explained that the City’s Comprehensive Plan, which was originally adopted in 1996 and updated in 2003, states that the City of Dover will have a mixed use zone. The idea of this is to deconcentrate rental properties. It was noted that the Planning and Inspections Department is planning to include the new zoning classification in the Implementation Chapter of the Comprehensive Plan and will be considered by City Council at that time. 2. Eliminate Single to Multi-Family Conversions in RG-1 Mayor Speed stated that the City’s largest concentration of RG-1 zoning, where conversion from single family homes to multi-family homes is permitted, is located in the downtown area. He suggested eliminating conversion in RG-1 only, not RG-2, in order to prevent correcting a problem in one area only to have it move to another area. The committee recommended that staff prepare an ordinance to eliminate single- family to multi-family conversion in the RG-1 area. By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote. C. Nuisance Property Enforcement: Mayor Speed advised members that staff is researching State legislation regarding the handling of nuisance properties, such as those with repeated or continued drug, violence, gambling and prostitution activity. No further action was taken by the committee at this time. Community Report - Chairman Pitts Mr. Pitts provided members some history of downtown Dover, explaining that although the City has made great improvements over the years, there are still more improvements to be made. During the committee meeting, Ms. Lori James, representing Senator Thomas Carper, advised members that approximately two (2) years ago Senator Carper initiated a pilot housing initiative program, which is managed by the Dover Housing Authority. She noted that although Delaware has a very good home ownership rate nationwide, Kent County has a 52% home ownership rate.

CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 7 Mr. Pitts noted that there are approximately twenty (20) lots, some vacant and some with houses, in the target area that will either be rehabilitated or demolished. It was noted that the Downtown Merchant’s Association recently submitted a request that the City consider the adoption of an ordinance to address vacant buildings in the downtown area. Members felt that vacant buildings are a problem throughout the City. The committee recommended that during the next committee meeting, members have a discussion regarding vacant buildings and that the Downtown Merchants Association be invited to participate. By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote. By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - MARCH 14, 2005 The Legislative, Finance, and Administration Committee met on March 14, 2005 with Chairman Salters presiding. Charter Review of the Reincorporation and Conflict with State Law and/or City Policies and Procedures - Adoption of Resolution Requesting General Assembly to Amend City Charter (Amendment to Section 52 of City Charter - Alderman; and Section 53 of City Charter - Police) During their Regular Meeting of March 7, 2005 (rescheduled from February 28, 2005), City Council reviewed the committee’s recommendation for approval of the proposed Charter changes for the Reincorporation of the City Charter with the stipulation that Section 52, Alderman, remain intact. After much discussion regarding Section 52, Alderman, of the City Charter, members of Council referred the matter back to the committee and requested that Deputy City Solicitor Pepper attend the meeting to allow for due diligence in understanding this issue. Deputy City Solicitor Pepper referred to his letter, dated February 1, 2005, that was previously submitted providing an explanation of his position on the elimination of the Alderman’s Court. Although it was his opinion that the Alderman’s Court should be retained and made active, in light of the recent legislation, he indicated that Section 52 would require an amendment to provide for the appointment of the Alderman to be accomplished by the Governor and confirmed by the Senate rather than City Council. It was Mr. Hogan opinion that the few cases that have been cited when the Justice of the Peace Court did not support the City of Dover would not warrant the need to resurrect the Alderman Court; therefore, he suggested that Section 52 of the Charter be eliminated. Concurring with Mr. Hogan, Mr. Ruane also noted the additional expenses that would be incurred by the City if the Alderman Court was re-activated. He alluded to copies of Alderman Court Task

CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 8 Force Reports that he provided to members and explained that it is evident that the majority of the Alderman Courts that are active are not self-supporting. Mr. Ruane reiterated the grave concern and interest of Representative Wagner regarding the constitutionality and legitimacy of the Alderman Courts and reminded members that Representative Wagner has offered to convene a meeting with the Assistant Chief Magistrate and in the future to assure an understanding of each jurisdiction. She even suggested the possibility of the Magistrates participating in training sessions and conversations with the City Solicitor’s Office as well as the City’s Inspectors so that the City can be assured of an effective, fair, just, and swift justice from the J.P. Courts. Mr. Ruane urged members to consider this as an alternative in lieu of re-establishing the Alderman Court. In response to Mr. Salters, Mrs. Green stated that there would be no change in her position or current responsibilities if she were no longer appointed to serve as Alderman, explaining that areas of the Charter which refer to the Alderman would be changed to City Clerk. The committee recommended that Section 52, Alderman, of the City Charter be deleted and that the Council President meet with local representatives to discuss this issue prior to the Regular Council Meeting scheduled for March 28, 2005. Members also considered a proposal submitted by Police Chief Horvath to amend Section 53, Police, of the City Charter. The proposed amendments would address conflicts with State Law and/or City policies and procedures. The committee recommended that the changes proposed in the first sentence of Section 53 (lines 962 and 963) not be made, and approval of the changes proposed in the remainder of Section 53 (lines 964 through 976). The committee recommended adoption of the Resolution requesting the General Assembly to Amend the City Charter as presented and amended. Council President Williams advised members that as requested, she, along with Mayor Speed, met with Senator Still to review the proposed reincorporation of the City Charter. As a result, he suggested additional amendments, as follows: 1) he - his - him; change throughout to be gender generic 2) change the words “salary” and/or “compensation” where mentioned for elected and appointed officials to “emoluments” 3) 3rd paragraph of Section 3, include the words “or as amended by State law” after (1.5%) 4) at the end of Section 32 add the words “as amended” Responding to Mr. Hogan, Mayor Speed explained that the suggestion for changing the words “salary” and/or “compensation” to “emoluments” would allow for reimbursement of expenses. He also advised members that the definition of emoluments includes both words.

CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 9 Mr. Salters moved to approve the committee’s recommendation to include the changes as recommended by Senator Still and, by a unanimous roll call vote, Council adopted the following Resolution: BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That the General Assembly of the State of Delaware is hereby requested that the Charter of the City of Dover be consolidated into one complete Act and in certain respects further amended and revised Subpart A, Charter, Sections 1 through 61, and Subpart B, Related Laws, Sections 1 through 3. ADOPTED: MARCH 28, 2005 Revised Revenue Manual Members reviewed the City of Dover 2005-2006 Revenue Manual, which included the top revenue sources, revenue guidelines, inventory of revenue sources, and future potential revenue sources. During the committee meeting, Mrs. Tieman, Administrative Services Director, explained that the Revenue Manual is an inventory of all the City’s revenues to assist Council, staff, and the public an understanding and ability to track all of the various revenue sources to the City. The manual includes: 1) a list of the top revenue sources over the past three (3) years; 2) guidelines for how often the manual should be updated and different revenues should be reviewed; 3) an inventory of all revenue sources with detailed information on rates, dates established and last reviewed, projection method, collection method, and benchmarks; 4) a list of potential new revenue sources; and 5) indexes for the revenue sources. Based on the established guidelines, she stated that staff has been requested to review certain revenues for updating. If a department wishes to change any of the fees, Mrs. Tieman assured members that they will be presented to Council in advance and then incorporated into the 2006 budget. She welcomed any other ideas that members may have regarding potential revenue sources. The committee recommended acceptance of the Revised Revenue Manual for 2005-2006. By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote. State of the City Budget - Mid-Year Review and Proposed Budget Revision Ordinances Staff presented the State of the City Budget - Mid-Year Review of the 2004/2005 Budget (as on file in the Office of the City Clerk), and proposed budget revision ordinances for the committee’s review. The purpose of the report is to give Council a mid-year depiction of the City’s operating expenses and revenues for all City budgets. During the committee meeting, Mrs. Tieman, Director of Administrative Services, advised members that it is projected that the General Fund Budget balance will decrease by $11,403 to $2,192,963. This is due to lower than projected revenues in the beginning balance, permits and other licenses, and civil traffic penalties. She assured members that the 8% fund balance requirement will be met. The Water/Wastewater Fund Budget balance is projected to decrease by $853,823 to $1,276,972,

CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 10 which is primarily due to revenue estimates being revised downward to reflect actual results. The Electric Fund Budget balance will decrease by $55,200 to $3,466,290, which is the result of increased costs associated with the need to install infrastructure due to new construction in the City. In reviewing the revised budgets this year, Mrs. Tieman stated that it has been necessary to increase gasoline expenses budgets to reflect actual expenses throughout the City’s department budgets, totaling an additional $71,463. Because of the lower than anticipated revenues in the General Fund and the Water/Wastewater Fund, staff did not recommend the sweeping of the salary accounts into the post-retirement benefits reserve at this time. If additional revenues are realized or expenses are reduced in the remainder of the year, the sweeping of the salary accounts would occur at that time. Mrs. Mitchell, Finance Director/Treasurer, submitted proposed budget revision ordinances that would incorporate the recommended adjustments to the budget balances into the fiscal year 2005 Budget. She noted that the ordinances only reflect changes to affected budgets and does not include all budgets. Staff recommended adoption of the proposed budget revision ordinances as presented. The committee recommended adoption of the budget revision ordinances as recommended by staff. Mr. Hogan moved for approval of the committee’s recommendation, seconded by Mr. Carey and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting). Revised Hospitality Policy Mrs. Mitchell, Finance Director/Treasurer, submitted a revised Hospitality and Civic Function Policy for the committee’s review. She explained that the revisions simplify the policy, eliminate ambiguity, and will help resolve interpretation issues. The committee recommended adoption of the Revised Hospitality Policy. Mr. Ritter relayed concern with the revised Hospitality Policy, noting that the Policy was just developed last year, that a lot of effort was put into its development, and that it has been reduced to a one (1) page document. It was his feeling that if Council approves the revised policy, they will be losing control and responsibility for their constituents’ money. Mr. Carey moved for adoption of the Revised Hospitality Policy (Exhibit #1), as recommended by the committee, seconded by Mr. Pitts and carried by a roll call vote of seven (7) yes, and two (2) no (Mr. Ritter and Mr. Ruane). Proposed Resolution - Investment Post-Retirement Medical Benefits Mrs. Mitchell, Finance Director/Treasurer, indicated that the City currently has appropriated $2.3 million for post-retirement medical benefits in preparation for the upcoming accounting requirement (GASB 43). These funds are currently invested in the City’s fixed income investment portfolio with Wilmington Trust Company with a current average annual yield of 3.3%. Mrs. Mitchell advised members that the State of Delaware created an investment pool for local governments (DELRIP) and that the State Public Employment Retirement System (PERS) annualized total returns for FY2004 was 15.9%. Relative to other public pension funds, the ranking

CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 11 of the System’s performance is above the median for the latest fiscal year, in the top 25% over the last five (5) years, and in the top 10% over the last ten (10) years. In order to attain a more favorable return and growth of the fund, Mrs. Mitchell recommended transferring the invested assets and adoption of a Resolution authorizing the investment of the City’s Post-Retirement Medical funds in the State of Delaware Local Government Retirement Investment Pool. The committee recommended adoption of the Resolution as recommended by staff. Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Salters and by a unanimous roll call vote, Council adopted the following Resolution: WHEREAS, in 1996 the Delaware General Assembly approved the creation of an investment pool for the local governments of the state; and WHEREAS, authorized by Title 29, Chapter 83 of the Delaware Code, the Delaware Local Retirement Investment Pool establishes an investment program tailored to the needs of such organizations; and WHEREAS, it would be in the best interest of this organization to deposit funds in the investment pool when deemed advisable by those responsible for such decisions; and WHEREAS, the State Board of Pension Trustees is committed to using and sharing their resources to provide the best possible financial support and services to all local governments throughout the State of Delaware. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET that on this 28th day of March in the year 2005, the Mayor and Council of the City of Dover agree to authorize the investment of funds in the Delaware Local Government Retirement Investment Pool; and BE IT FURTHER RESOLVED, that the authorization to participate in this program does not obligate this local government to participate, but it allows participation in the pool voluntarily as deemed appropriate for the best interest of this local government. ADOPTED: MARCH 28, 2005 By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote. UTILITY COMMITTEE REPORT - MARCH 14, 2005 The Utility Committee met on March 14, 2005 with Chairman Carey presiding. Maximizing Dover’s Connectivity Infrastructure In June 2004, the City's Information Technology Long-Range Plan recommended that the City investigate leveraging its fiber optic network. It also recommended that Dover leverage that

CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 12 network to deploy a Citywide voiceover Internet telephone system provider and use of wireless, which is not currently available. There are 30 miles of fiber optic cable that has been installed in the City, but only two (2) City departments are taking advantage of this tremendous bandwidth capacity. It is staff’s belief that the City is utilizing this network at about ten percent (10%) of its capacity. Other cities across the country have taken advantage of their fiber optic networks to reduce telecommunication expense and increase work force efficiency. Mrs. Tieman, Director of Administrative Services, advised members that staff would like to re-examine the City’s franchise fee agreement due to the expanded cable service offerings in our area. Specifically, Verizon has expressed its intentions about offering cable in our area. Staff would also like to examine the opportunity of collecting additional franchise fees from non-participating utilities that are doing business within the City's limits, such as Conectiv and Delaware Electric Cooperative, which is becoming an issue as the City annexes property. In light of the 1996 Telecommunication Act, which created new standards for joint use of utility poles, staff would like to revisit the City’s pole attachment fees and attachments for all users. Mrs. Tieman reviewed and explained the goals for the studies. As a result of the recent City Council Retreat, she assured members that staff is not proposing the study of broadband options such as cable television or Internet service that would compete with private providers. Staff recommended that the City Manager be authorized to issue an RFP for professional services to assist the City in maximizing the use of its fiber optic system, voice over Internet telephone system provider, franchise fee review, and pole attachment agreement. The committee recommended that the City Manager be authorized to issue an RFP as recommended by staff. By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote. By consent agenda, Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - MARCH 15, 2005 The Parks, Recreation, and Community Enhancement Committee met on March 15, 2005 with Chairman Pitts presiding. Proposed Ordinance Amendments - Update of Codes - Chapter 5, Building and Building Regulations and Chapter 10, Housing and Property Maintenance At the request of staff, members reviewed various proposed ordinance amendments to the Dover Code pertaining to Building, Building Regulations, Housing, and Property Maintenance. Mr. Grant Pritchard, Chief Building Inspector, advised members that staff also recommended adoption of the latest edition of The International Property Maintenance Code, 2003 (IBC), with slight modifications. Mr. Pritchard noted that the IBC is a complete set of codes used to regulate the built environment. He also noted that the City is currently using the 1999 IBC and it is referenced throughout the Dover Code.

CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 13 Mr. Ruane suggested that Section R114 - Stop Work Order - be amended to read “and no less than $1000.00 and no more than $10,000.00 . . .". and that Section 108.5 - Stop Work Order - be amended by striking “to perform” to read “. . . except such work as that person is directed to remove a violation or unsafe condition, . . .”. The committee recommended approval of the proposed ordinance amendments to the Dover Code pertaining to Building, Building Regulations, Housing, and Property Maintenance, as amended. By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote. (The First Reading of the ordinance will take place during the latter part of the meeting). Discussion - Vacant Buildings The Downtown Dover Merchants Association requested consideration of amendments to Chapter 5 of the Dover Code with regard to vacant buildings to include the following: 1) Vacant Buildings in the BID District be subject to the same code as occupied buildings; 2) A vacant building in the BID Tax District be subject to “Vacancy Registration Fees”. There is precedent for this in Wilmington DE (Annual Registration and Vacant Building Fees, Wilmington Ordinance 03-019). Properties are deemed vacant if “No person or persons actually, currently conducts a lawfully licensed business, or lawfully resides or lives in any part of the building (Wilmington City, Chapter Four, City Code Section 4-27,125.0(b)(1)(F); and, 3) This ordinance would be enforced by the City of Dover Planning and Inspections. Registration fees and fines could be used to fund additional inspectors for enforcement and therefore be virtually self supporting. As a result, staff provided members with a draft outline of a possible Vacant Building ordinance modeled on the City’s existing ordinance and several ordinances obtained from other communities. Mr. Galvin advised members that once the framework is determined, the City Solicitor would be requested to prepare the draft ordinance. Mr. DePrima requested feedback on the following items for consideration when preparing the ordinance: a range of penalties, a time frame in which a building would be considered vacant, monitoring permits and fees, and property exemptions. Mr. Slavin suggested that members carefully consider what the definition of “vacant” will be so that they do not alienate good property owners who have done everything possible to rent their properties. He also reminded members that many buildings with first floor vacancies have fully functional and occupied apartments on the floors above them. Mr. Hogan stated that he liked the examples from California and Wilmington. He noted that the ordinance would need to have penalties in order for it to be enforceable; however, it should also take into consideration those owners that are actively trying to rent their buildings. Mr. Anderson reminded members that there could be situations beyond the owners’ control, such as the property being in probate, a military owner which has been deployed, or a property which is on the market for sale. He did not feel that penalties or fees should be applicable in those situations.

CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 14 The committee deferred this matter for further consideration during a meeting which is dedicated to this item in order to allow time for interested parties, such as the Downtown Dover Merchants Association to participate. No further action was taken by Council. By consent agenda, Mr. Carey moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote. SAFETY ADVISORY & TRANSPORTATION COMMITTEE REPORT - MARCH 16, 2005 The Safety Advisory and Transportation Committee met on March 16, 2005 with Chairman Ritter presiding. Update - DelDOT Projects (Gary Laing) Due to the absence of Mr. Gary Laing, DelDOT Municipal Liaison, the Update on DelDOT Projects was not provided. Proposed Ordinance Amendments - Chapter 4.5 - Bicycles During the review of the Dover Code, Chief Horvath and Major Harding suggested that Chapter 4.5, Bicycles, be amended to bring it up-to-date and have it be more realistic as far as enforcement issues are concerned. Members reviewed the proposed ordinance amendments and, although there was not a quorum, it was the consensus of members present that the proposed ordinance amendments be forwarded to Council for consideration. There was no further action taken by Council at this time. (The First Reading of the ordinance will take place during the latter part of the meeting). Review of Existing Common Street Names At the request of Councilman Ritter, Fire Chief Bashista composed a list of street, development, and apartment names that could be confusing to dispatchers and first responders during an emergency. Although staff did not suggest changing any of the current names, they recommended that more attention be paid to these concerns in the future. Members reviewed the list and it was the consensus of members present that more attention should be paid to the naming of streets, developments, and apartments in the future. No further action was recommended. By consent agenda, Mr. Carey moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote. MONTHLY REPORTS - FEBRUARY 2005 By motion of Mr. Carey, seconded by Mr. Sadusky, the following monthly reports were accepted by consent agenda:

CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 15 Budget Report Chief of Police Report City Assessor Report City Clerk/Alderman Report (Fines) City Manager's Report Mayor's Report Planning and Inspections Report Robbins Hose Company No. 1 Report REZONING REQUEST/FIRST READING - BAY ROAD, OWNED BY DELAWARE INDUSTRIAL ENTERPRISES A request was received to rezone property located on the east side of Bay Road (intersectin of Route 113 and Puncheon Run Connector), consisting of 38.12 acres. The property is currently owned by Delaware Industrial Enterprises (Equitable Owner is Stover Homes, Inc.). The property is currently zoned C-4 (Highway Commercial) for 3.80+/- acres and IPM (Industrial Park Manufacturing) for 34.32+/- acres and the proposed zoning is C-4 (Highway Commercial) for 5.30+/- acres and IPM (Industrial Park Manufacturing) for 32.82+/- acres. Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required. By motion of Mr. Salters, seconded by Mr. Sadusky, Council referred the request to the Planning Commission on April 18, 2005 and set a public hearing for May 23, 2005 at 7:30 p.m. (Mr. Ruane not voting). The first reading of the following proposed ordinance was accomplished by title only: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE EST SIDE OF BAY ROAD (INTERSECTION OF ROUTE 113 AND PUNCHEON RUN CONNECTOR), CONSISTING OF 38.12 ACRES. COMPREHENSIVE REZONING (PROJECT 2005) REQUEST/FIRST READING In September 2003, City Council adopted the Comprehensive Plan Update 2003, The Dover Plan: From the People - For the People, which has been certified by the State of Delaware. Mr. Galvin advised members that a series of Plan Amendments to the Comprehensive Plan Update 2003 have been prepared which includes a Comprehensive Rezoning Project 2005. Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required. By motion of Mr. Carey, seconded by Mr. Pitts, Council unanimously referred the request to the Planning Commission (May 2, 2005 at 7:00 p.m., Special Planning Commission Meeting) and set a public hearing for Tuesday, May 17, 2005 at 7:00 p.m. at a Special City Council Meeting. The first reading of the following proposed ordinance was accomplished by title only:

CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 16 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING ZONING DESIGNATIONS TO CONFORM WITH THE COMPREHENSIVE PLAN UPDATE 2003. COMPREHENSIVE PLAN AMENDMENTS - SETTING OF PUBLIC HEARINGS In September 2003, City Council adopted the Comprehensive Plan Update 2003, The Dover Plan: From the People - For the People, which has been certified by the State of Delaware. Mr. Galvin explained that a series of Plan Amendments to the Comprehensive Plan Update 2003 have been prepared which includes Land Development Plan Revisions, Annexation Plan Revisions, and Implementation Plan Revisions, as follows: Land Development Plan Revisions (Map 11-1 and Chapter 11) Chapter 11: The Land Development Plan discusses the future land development and land uses for properties with the City. It includes the Land Development Plan Map (Map 11-1) which outlines the future development of land in the City be depicting a land use type category for each parcel of land. These land use categories include Residential, Mixed Use, Commercial, Institutional, Office Parks, Industrial, Open Space, Agriculture, etc. During the review process for the Comprehensive Rezoning Project 2005, items in the Land Development Plan were identified as needing to be addressed, which has resulted in recommended changes to the Land Development Plan Map. These changes occur for many reasons, including the following: the results of approved rezoning applications including minor variations, perceived mapping errors, the ability for zoning classifications to comply in multiple land use type categories, updated data in specific areas, and planning visions for specific areas. For this amendment, the recommended changes will be depicted on a map and listed in a summary table. A narrative will also provide information on the review process. Annexation Plan Revisions (Map 12-1 and Chapter 12) Chapter 12: The Annexation Plan, as approved in the adopted Comprehensive Plan Update 2003, anticipated an amendment to include the results of the Cost/Revenue Analysis Study for the potential annexation parcels and any changes to the Plan based on the results. The consultants hired by the City developed a methodology for assessing the costs and revenues for a series of properties depicted on the Annexation Plan Map. The revisions to the Annexation Plan will describe the Cost/Revenue Analysis Study project and its results. A narrative will also provide guidance as to the items to be considered during the Annexation review process. The Annexation Plan Map also currently places lands into categories, as follows: Category 1: Lands Identified for Annexation; Category 2: Lands Desirable for Annexation; and Category 3: Lands to be Evaluated for Annexation and Areas of Concern. In addition, a potential land use type is identified for lands in Category 1 and Category 2. The Amendment will propose re-categorization of potential annexation areas and revisions to the potential land use designation for identified annexation areas. Implementation Plan Revisions (Chapter 14) Chapter 14: The Implementation Plan outlines the timeframe (Phases I-IV) for actions to be completed to implement elements of the Comprehensive Plan Update 2003. These actions include project activities such as ordinance review and development, studies on specific topics, and special plans. It is recognized that some changes are necessary to the Implementation Plan to be able to achieve resolution to the projects identified. For some project activities, the amount of consultation and documentation may not allow the City and staff to bring them to fruition within the current

CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 17 timeframe given. Other changes are to reflect recent initiatives by the City and other agencies, such as Kent County’s Transfer of Development Rights Program. For this Amendment, a narrative will reflect revisions to the timeframe for project activities and the addition of project activities as necessary. Mr. Galvin advised members that the review process will begin with the review of these Plan Amendments by the Preliminary Land Use Services (PLUS). A meeting has been scheduled for April 6, 2005. The Planning Staff will conduct Information Workshops on the series of Comprehensive Plan Amendments, along with the Comprehensive Rezoning Project 2005. These workshops have been scheduled for April 5, 2005, from 2:00 p.m. to 4:00 p.m., with a presentation at 3:00 p.m., and from 6:00 p.m. to 8:00 p.m., with a presentation at 7:00 p.m. Staff recommended that a Public Hearing before the Planning Commission be set for Monday, May 2, 2005 at 7:00 p.m. at a Special Planning Commission Meeting and that a Public Hearing before City Council be set for Tuesday, May 17, 2005 at 7:00 p.m. at a Special City Council Meeting. Mr. Hogan moved for approval of staff’s recommendation, seconded by Mr. Carey and unanimously carried. FIRST READING - PROPOSED ORDINANCES In accordance with Section 1-6 of the Dover Code, Council acknowledged the First Reading of the Rezoning Ordinances as read by the City Clerk, by title only, as follows: • REVISED BUDGETS FOR FISCAL YEAR 2004/2005 • BUILDING, RESIDENTIAL, MECHANICAL, PLUMBING, AND PROPERTY MAINTENANCE CODES: N CHAPTER 5 - BUILDING AND BUILDING REGULATIONS N CHAPTER 7 - FIRE PREVENTION, PROTECTION N CHAPTER 10 - HOUSING AND PROPERTY MAINTENANCE • CHAPTER 4.5 - BICYCLES DISTRIBUTION OF PACKET MATERIAL - SETTING OF ITEMS ON COUNCIL DESKS (COUNCILMAN HOGAN) Mr. Hogan relayed concern regarding packet material being distributed to members immediately prior to the meetings, which he felt does not provide members ample time for review prior to having to take action. He also relayed concern with there being no indication as to who was providing members the material. He suggested that this practice be discontinued and when absolutely necessary, that the information contain who it is being provided by. COUNCIL MEMBERS COMMENTS Mr. Salters announced that a DelDOT public hearing has been scheduled for April 18, 2005 from 4:00 p.m. to 7:00 p.m. at Booker T. Washington School to discuss the work scheduled for Division and Forrest Streets. Mr. Carey moved for adjournment, seconded by Mr. Sadusky, and unanimously carried. Meeting Adjourned at 9:08 P.M.

CITY COUNCIL MEETING OF MARCH 28, 2005 PAGE 18 JANICE C. GREEN CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of March 28, 2005, are hereby approved. STEPHEN R. SPEED MAYOR Exhibits Attached to Original Minutes and File Copy Exhibit #1 - Update (325 Day) Brown W ater /JG S:\ClerksOffice\Agendas&Minutes\Council-Minutes\2005\03-28-2005.wpd

Certificate of Recognition WHEREAS, Geoffrey R. Myers is a Dover native and student at Wesley College with a perfect 4.0 grade point average; and WHEREAS, Geoffrey R. Myers has received the prestigious Gagliardi Trophy for being the top Division III football player in the nation; and WHEREAS, Geoffrey R. Myers has volunteered at St. Thomas More’s Youth Basketball Camp, as a math tutor for high school students, in the Guidance Office at Central Middle School and at various other youth oriented programs; and WHEREAS, Geoffrey R. Myers has received a host of institutional scholarships and awards for outstanding academic performance; and WHEREAS, Geoffrey R. Myers is an exceptional young man who has been a tremendous help to others at Wesley College and in the Dover community. NOW THEREFORE I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby award this Certificate of Recognition to Geoffrey “Rocky” Myers on this 11th day of April 2005, and commend him for his commitment to the youth of Dover and extend best wishes on all future endeavors. Stephen R. Speed Mayor

CERTIFICATE OF COMMENDATION WHEREAS, on Saturday, January 1, 2005 the Robbins Hose Fire Company was alerted for a motor vehicle accident at Scarborough and McKee Roads; and WHEREAS, upon arrival, members observed three cars involved in the accident, one of which had fire coming through the back window impinging on the unconscious patient who was trapped in the vehicle and inhaling smoke and heated gases from the burning vehicle; and WHEREAS, the patient was removed from the vehicle, under extremely dangerous conditions to the firefighters involved, within 13 minutes from time of dispatch; and WHEREAS, while crews worked on the priority vehicle, additional crews worked on the second vehicle which had two patients severely trapped, both of whom were extricated within 21 minutes from time of dispatch; and WHEREAS, due to the quick response, training, and leadership of the Dover Fire Department, lives were saved by those volunteers who assisted in this rescue, and who are deserving of special recognition. NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF DOVER, DELAWARE, are honored to present this Certificate of Commendation to EDWIN BAKER, III REED JONES RAYMOND OSIKA BRIAN BASHISTA DAVID KNIGHT STEPHEN SAPP CHARLES BOYER VALERIE KNIGHT JOSEPH SIMMONS DAVID CAREY DEREK LARSON SHARON SIMPKISS MATTHEW CAREY JOHN LECOMPTE, II TREY SMALL CARLETON CAREY, JR. NICOLE MARK BENJAMIN SMETANA CARLETON CAREY, SR. SHADRACK MINOR RICK THOMAS SEAN CHRISTIANSEN ALLEN MOORE, JR. MICHAEL THOMPSON ALAN FARLING TIMOTHY MULLANEY TERRY WHITHAM JACK FORTNEY JOHN OLIVER, III JOHN WILLSON GLENN GILLESPIE JASON OSIKA ROGER WOLFGANG MARK HALL JONATHAN OSIKA JASON ZIEGLER on this 11th Day of April 2005 STEPHEN R. SPEED BEVERLY C. WILLIAMS MAYOR COUNCIL PRESIDENT

PETITON TO AMEND ZONING DISTRICT Before the Dover City Council April 11, 2005 Applicants/Owners Robert M. Duncan 111 South West Street, Suite 1 Dover, DE 19904 Location: North side of Forest Street fronting on both South West Street and South Kirkwood Street. Property Addresses 585 Forest Street 111 South West Street 122 S. Kirkwood Street Tax Parcel ID #: ED-05-076.12-02-46.00/000 & ED-05-076.12-02-51.00/000 Size: 1.2177 acres ± Present Zoning: C-3 (Service Commercial Zone) C-2 (Central Commercial Zone) H (Historic District Zone) Proposed Zoning: C-1A (Limited Commercial Zone) permitting: Convenience retail stores; personal service stores, including but not limited to, barber shops, beauty shops, and tailors; service establishment furnishing services other than of a personal nature; residences in conformance with Article 3 §2 General Residential Zone; Banks or business, professional, or governmental offices; and other retail and service establishments but excluding the following: gasoline filing stations and motor vehicle storage, repair or service except that gasoline pumps shall be permitted as an accessory use (subject to conditional use approval; wholesaling, warehousing or storage; manufacturing, printing, assembling, converting, altering, finishing, cleaning or any other processing of goods on premises except as permitted in C-1; and excessive traffic generating uses such as theaters, drive-ins, bowling alleys, and other commercial, recreation, restaurants, etc. H (Historic District Zone) Present Use: Commercial (Service establishments, offices) Proposed Use: Commercial (Service establishments, offices, and retail) File Number: Z-05-01 Comprehensive Plan: Mixed Use Findings and Recommendations of the Dover Planning Commission

Z-05-01Lands of Robert M. Duncan: Rezoning C-3/C-2 and H to C-1A and H Planning Commission Recommendation Report to City Council for April 11, 2005 Page 2 This petition was considered at the March 21, 2005 meeting of the Planning Commission. The following members were present: Vice Chairman Mr. DiMondi, Mr. Nichols, Mrs. Young, Mr. Tolbert, Mr. Holt, Mr. Winsley, and Col. Welsh. Mr. Friedman and Mr. vonReider were absent. The Planning Commission recommends that this request (Application Z-05-01 Lands of Robert Duncan at 585 Forest Street, 111 South West Street, and 122 South Kirkwood Street) for rezoning from C-3 (Service Commercial zone)/C-2 (Central Commercial Zone) and subject to H (Historic District Zone) to C-1A (Limited Commercial Zone) with H (Historic District Zone) be denied. The motion for denial of the rezoning passed 7-0 of those members present. The following information was considered by the Planning Commission in addition to the guidance provided in the Zoning Ordinance, Article 10 §5.111 for rezonings: Application Summary Subject parcels This application is to rezone the properties at 585 Forest Street, 111 South West Street and 122 South Kirkwood Street more commonly known as the Duncan Depot Complex. The subject area is located on the north side of Forest Street, fronting on both South West Street and South Kirkwood Street. The subject area consists of two parcels of land totaling 1.2177 acres +/-. A majority of the property currently zoned C-3 (Service Commercial Zone). A small portion of the subject area fronting on South Kirkwood Street is zoned C-2 (Central Commercial Zone). Both properties are subject to the H (Historic District Zone). The proposed zoning classification is C-1A (Limited Commercial Zone) with the property remaining subject to the H (Historic District Zone). The owner of record is Robert Duncan. Existing Property The Duncan Depot Complex was developed in its present form with applications MI-98-03 and S-98-02. The property consists of two existing buildings, a gasoline service island with canopy, and associated site improvements such as parking. The existing buildings are occupied with service establishments on the first floor and offices on the upper floors. The convenience store is allowed as accessory to the gas pumps. There have been retail stores in the smaller building on the corner of Kirkwood and Forest, including the jewelry/pawn store.

Z-05-01Lands of Robert M. Duncan: Rezoning C-3/C-2 and H to C-1A and H Planning Commission Recommendation Report to City Council for April 11, 2005 Page 3 Surrounding Land Uses: This property is located on the northwestern edge of the Downtown commercial area just west of the terminus of Loockerman Street as it transitions to Forrest Street. The Duncan Depot property encompasses a majority of the city block bounded by Forrest Street, South West Street, Reed Street, and South Kirkwood Street. A portion of the block fronting on South Kirkwood Street is proposed as a parking lot with application S-04-03 Duncan Depot Parking Lot Addition. South of this property across Loockerman Street/ Forest Street is the train station rehabilitated as State office space and the Office Building currently under construction at 500 West Loockerman Street known as the Duncan Center (Applications S-02-11 and S-03-30). Immediately to the west of this property are the railroad tracks. To the northeast on the opposite side of Kirkwood Street are one small retail property, several residential properties, and a vacant lot (previously part of a lumber company) proposed for development with application S-04-10 Building (Storage, Office, and Apartment) at 135 S. Kirkwood Street. Comprehensive Plan: In the 2003 Comprehensive Plan Update, the Land Development Plan recommends that this property be used for Mixed Uses. The 1996 Comprehensive Plan recommended the property be part of the Downtown Mixed Use Development Area. Request for C-1A (Limited Commercial Zoning) The types of permitted uses in the C-1A (Limited Commercial Zone) are outlined in Article 3 §12. Article 3 §12.11 All uses permitted in the Neighborhood Commercial C-1 Zone, (11.11 Convenience retail stores such as drug stores, grocery stores, luncheonettes, variety stores or combinations thereof. 11.12 Personal service stores such as, but not limited to, barber shops, beauty parlors, and tailors, provided that where steam pressure is used in clothes pressing it shall not exceed 60 pounds per square inch. 11.13 Service establishments, furnishings, services other than of a personal nature, but excluding gasoline filling stations and motor vehicle storage, repair, or service.) with no limitation on size of establishments. 12.12 Residences conforming to the regulations set forth in Article 3, Section 2. 12.13 Banks or businesses, professional or governmental offices. 12.14 Other retail and service establishments but excluding: 12.141 Gasoline filling stations and motor vehicle storage, repair, or service, except that gasoline pumps shall be permitted as an accessory use subject to conditional use approval by the planning commission pursuant to Article 10, Section 1. 12.142 Wholesaling, warehousing or storage.

Z-05-01Lands of Robert M. Duncan: Rezoning C-3/C-2 and H to C-1A and H Planning Commission Recommendation Report to City Council for April 11, 2005 Page 4 12.143 The manufacturing, printing, assembling, converting, altering, finishing, cleaning or any other processing of goods on the premises except as permitted in the C-1 Zone. 12.144 Excessive traffic generating uses, such as theaters, "drive-ins," bowling alleys and other commercial, recreation, restaurants, etc. Recommendation of the Planning Staff: The Zoning Map presents a thoughtful approach to the specific zoning districts in this area that has been somewhat muddled by recent rezonings. There was a clear attempt to protect the integrity of the historically retail district along West Loockerman Street. From Kirkwood Street to the east along Loockerman Street the zoning preference is for retail establishments with upper floor residences and with offices permitted only after conditional approval of the Planning Commission. The zoning protected the corridor from de-concentration of a retail core area by not allowing retail beyond the historically retail area. Retail uses would be concentrated on West Loockerman Street and not diffuse onto Forest Street. This transition area is a natural segregation point for zoning purposes. The surrounding zoning, uses and proposals all are for office and service type uses or the residential neighborhoods. The existing retail convenience store on the subject site is accessory to the gas pumps (motor vehicle service station) that are allowed under the C-3 zoning classification. The applicant had requested a Zoning Verification letter for a liquor store in the smaller building on the subject site. The C-3 Zoning does not allow retail and would, therefore, preclude the liquor store. There was a liquor store across the street on Kirkwood Street and a club down the block approximately 15 years ago along with associated customer loitering. Through a neighborhood and community effort the store was closed. There is a package store on New Street two blocks away. The now empty store fronts in the small building on the subject site were occupied. The previous tenants vacated more than one year ago. Staff recommends that the zoning for this parcel remain service and office related (C-3 Service Commercial zone and C-2 Central Commercial zone) and that a recommendation be forwarded to City Council to deny the request for rezoning of the property to C-1A (Limited Commercial Zone). The recommendation is a rational response to the request based on the location of the property and the surrounding land uses. An alternative considered would have been to make no recommendation and allow the Commission to hear testimony from the applicant and neighbors to determine the appropriate course of action during the meeting. Advisory Comments to the Applicant: 1) The following corrections should be made to the rezoning plan sheet so that accurate information may be provided for Planning Commission review. a) Correctly identify the subject site on the soils map and two location maps. b) Add property addresses. c) Add H (Historic District Zone) to existing and proposed zoning within the data column. d) The existing use is service commercial and the proposed use is service commercial with retail. 2) Staff requests the completion of a Minor Lot Line Adjustment Plan to consolidate the two subject parcels into one parcel of land.

Z-05-01Lands of Robert M. Duncan: Rezoning C-3/C-2 and H to C-1A and H Planning Commission Recommendation Report to City Council for April 11, 2005 Page 5 3) The applicant shall be aware that approval of any rezoning application does not represent Site Development Plan approval. A separate Site Development Plan must be submitted and approved if additional development activities are proposed on the property. 4) 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 submission showing all improvements is required before issuance of permits by the City of Dover. 5) Each business entity must maintain a current City of Dover business license in accordance with the permitted uses of the property’s zoning classification and as outlined in Dover Code of Ordinances. Public Comments: The application was represented by property owner, Robert M. Duncan who spoke in favor of the rezoning. The following individual appeared and spoke in regards to the rezoning application: • Bishop Marion Lott, 218 Reed Street • Mr. Theodore Henderson, 506 Wyoming Avenue • Mr. David Rowland, 25 Slaughter Street • Mr. L.T. Blackshear, 996 Boggs Drive • Mrs. Brigett Evant (owns property on Kirkwood Street) • Mr. Richard Evant • Mrs. Terry Stone (owns properties on Queen Street) • Ms. Sophia Russell, 20 N. New Street • Mr. Jack Wallace, 630 Forest Street With a large audience present, those people in opposed to the rezoning application were asked to stand (to be counted). Twenty-six (26) people stood to express their opposition to the rezoning application. Provided with this report is a Draft Copy of the Planning Commission meeting minutes for this application, reflecting the discussion and testimony of the March 21, 2005 public hearing. Agency Comments from DAC Report: • Department of Public Works has no comments regarding this application. • The City Electric Department has no comments on the rezoning application. Attachments to the Report: • Development Advisory Committee Application Review Commentary (comment sheets) from the following: Department of Public Works City Electric Department

Z-05-01Lands of Robert M. Duncan: Rezoning C-3/C-2 and H to C-1A and H Planning Commission Recommendation Report to City Council for April 11, 2005 Page 6 • Exhibit Location Map • Draft Planning Commission Meeting Minutes of March 21, 2005

C CITY OF DOVER I P T U Y B DEVELOPMENT ADVISORY COMMITTEE L O I APPLICATION REVIEW COMMENTARY F C APPLICANT D.A.C. MEETING DATE: March 3, 2005 D W O O V R ======================================================================= E K R S APPLICATION: Lands of Robert Duncan at 585 Forest Street, 111 South West Street, and 122 South Kirkwood Street - Rezoning from C-3/C-2 and H to C-1A and H FILE#: Z-05-01 REVIEWING AGENCY: City of Dover Public Works CONTACT PERSON: Scott Koenig or Andrew Riggi PHONE#: 736-7025 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Our office has no comment regarding this application. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 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.

DD O E CITY OF DOVER V L DEVELOPMENT ADVISORY COMMITTEE MEETING E E APPLICATION REVIEW COMMENTARY R C T MARCH 3, 2005 - 10:00 A.M. - CAUCUS ROOM R I C APPLICATION: LANDS OF Robert Duncan – 585 FOREST ST, 111 S. WEST ST., 122 S. KIRKWOOD STREET FILE NO.: Z-05-01 REVIEWING AGENCY: CITY OF DOVER ELECTRIC CONTACT PERSON: STEPHEN A. ENSS PHONE #: 736-7091 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: The Electric Department reviewed the application and has no comments. RECOMMENDATIONS SUGGESTED FOR AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: If you should have any questions or need to discuss any of the above comments, please contact Stephen Enss at 736- 7091 or contact the Planning Department at 736-7010 as soon as possible.

CITY OF DOVER PLANNING COMMISSION MEETING OF MARCH 21, 2005 DRAFT MEETING MINUTES Z-05-01 Lands of Robert Duncan at 585 Forest Street, 111 South West Street and 122 South Kirkwood Street - Rezoning from C-3/C-2 and H to C-1A and H - Public Hearing and Recommendation regarding a rezoning application for two parcels consisting of 1.2177 acres +/- of land. The properties are currently zoned C-2 (Central Commercial) and C-3 (Service Commercial), both located in the Historic District (H). The proposed zoning classification is C- 1A (Limited Commercial) zoning classification. The subject area is located on the north side of Forest Street, fronting on both South West Street and South Kirkwood Street. The owner of record is Robert Duncan. Representative: Mr. Robert Duncan, Property Owner. Ms. Melson stated that the action that the Planning Commission will be taking this evening is a formulation of a recommendation and that recommendation along with the application materials will be forwarded to City Council for final action. The project consists of two parcels of land, the larger one is zoned C-3 (Service Commercial) zone and there is a small portion of the parking lot area adjacent to Kirkwood Street that has a C-2 zoning. The project also falls within the City of Dover Historic District zone currently and will maintain that Historic District zone classification. The applicant has proposed a zoning classification of C-1A which is a Limited Commercial zone. The Limited Commercial zone has a list of uses that would be permitted within it which include the opportunities for retail, personal service stores such as a beauty shop, and types of service establishments as well as the use as offices and other types of services, some of which are subject to Conditional Use approval. Ms. Melson further stated that as mentioned previously a majority of the property is zoned C-3 (Service Commercial) zone which allows for personal service stores and service establishments, which the initiative is providing of a service rather than a product. Our Code recognizes that retail is providing a product. The surrounding land uses in this area are adjacent residential areas, and properties across Forest Street in the area of the train station and the multi-story office building that are in the Institution and Office zoning. Ms. Melson further stated that the report from the Development Advisory Committee specifically lists all the uses that would be permitted in the commercial zoning district which also includes what is the recommendation of the Planning Staff with regards to this application. In making its recommendation, the Planning Staff notes that there are specific reasons for zoning properties the way we do in the City of Dover. In this area, we recognize the current zoning and what is termed “an attempt to protect the integrity of the historic retail district” which is located along Loockerman Street to the east of this property. At this area at the intersection of what is Forest Street, South West Street, and Kirkwood Street, the Staff sees it as more of a transitional area for the purposes of zoning. At this point, there is a change from what is the focused retail area to what is residential to the north and then more industrial type activity right along the

CITY OF DOVER PLANNING COMMISSION MARCH 21, 2005 railroad track in that area. Staff feels that the C-3 zoning existing on the property is appropriate for the property. Staff is recommending that the existing zoning of C-3 and the small area of C-2 be maintained and that a recommendation for denial of the rezoning request be considered. Ms. Melson further stated as part of the project, Staff is also recommending that a Minor Lot Line Adjustment Plan be completed to consolidate what are these two parcels of land into one parcel of land. This is an administrative process that helps to clarify property ownership in that area. The two other City Departments that provided comments include the Department of Public Works and the Electric Department who each reviewed the application and had no specific comments related to the rezoning of the property. Mr. Duncan stated that he came here with no notes on how he was going to present his case. He did pick up two ideas while waiting and they are “to stimulate your memory” and “vested interest.” He is extremely disappointed with Staff's position. If you can jog your memories as to what it was like before we developed this area and think of what it was like to what it is now. When we completed the Depot this changed the west end of town significantly. Mr. Duncan further stated that it was two years before they finally rented the second floor of the Depot which was obviously a huge investment and strain on he and his wife. We were fighting the stigma of this area as it is very hard to combat and we are still fighting it. Then we built the other building across the street, which we would have been far better off financially if we would have built a two story building; however, we felt that the area needed more than that. Mr. Duncan further stated that he had no problems with the Planning Commission or City Council when they reviewed all the things that he has been working for; however, he has an extremely difficult time dealing with the Planning Department. When he read their recommendation he feels that it is back to the same old thing. C-3 zoning went out 30 years ago when self service gasoline came along; service stations are gone and this is an antiquated zoning to begin with. With regards to the Historic District if you go into the City of Dover down State Street there are signs entering the Historic zone and there are buildings in this area that are registered with the National Register. There are no signs located on the west end that you are entering the Historic District because there isn't any. The only thing that the DAC came up with in the hearing was that the railroad track area was the historic district and that is the reason the Historic District is there. The train left the station many years ago. When you build things such as this that will change the neighborhood. You have to have something there that will bring people there. Retail is the only way you are going to get people to build your business and change the neighborhood. Mr. Duncan further stated that he read in the Dover Post where Mr. Zimmerman would be putting up another building for Wesley College and stated that the first floor would be for retail. Of course it has to be for retail because this is what draws. He is always hammered with C-3 and Historic District and it does not apply to this particular case. The Depot that currently houses the convenience store is nothing but a large retail establishment. If you want to have empty stores then keep it the way it is as it won't help the neighborhood or me, it won't help anyone. This is really out of the context of where we should be as he is not the applicant requesting a liquor license, they came to me. It is when they went to get the letter of zoning verification that they 2

CITY OF DOVER PLANNING COMMISSION MARCH 21, 2005 realized they had a problem, he always assumed that it was possible. Mr. Duncan further stated that in the Staff's recommendations they state that it was the applicant who requested rezoning. I did not request the rezoning, the people who want the liquor store did. Furthermore, it is not this Commission or the Planning Department to say if a liquor store goes there, this is not their business. If people don't want a liquor store you have to go to the Alcohol and Beverage Control Commission. They are the ones that approve or disapprove liquor licenses not the Planning Commission and certainly not the Department of Planning who have blown things way out of proportion. Nothing should have been addressed as far as a liquor store in this particular case. If he stated that he wanted to put in a dress shop or a candy store there would be no person behind him. But, because it is a liquor store there is no license as it has to go before the ABC, which has nothing to do with this here tonight. Mr. Duncan stated that he feels you have to take what they have done in this area and say retail for where it is at which will help the area. Whatever goes in there is fine, if it is liquor, this application has nothing to do with that. We have made major strides in this area and to deny retail is wrong. If you want to have someone invest in this area, you will never get anyone to invest in this area if they have to fight for approval every time. The City of Dover spent a good deal of money preparing the property across from the Depot to sell the property. This property has been for sale for a very long time because who would want to invest the money and have to fight through this process. Mr. Nichols stated that Mr. Duncan is the applicant according to the paperwork. It says that the applicant had requested a zoning verification letter for a liquor store in the smaller building on the subject site. Responding to Mr. Nichols, Mr. Duncan stated that this is wrong, Staff falsified these documents. A zoning change has nothing to do with the liquor license. Mr. Holt questioned if we approve the zoning, does this necessarily mean that they would be approved for a liquor store, is this correct. Responding to Mr. Holt, Mr. DiMondi stated that by approving the rezoning to C-1A you would be approving any of the permitted uses and a retail environment as Mr. Duncan has indicated. Those uses are listed on the cover of the DAC comments that you have before you. Any and all of those uses would be permitted subject to those intended uses which would require further regulatory review involving other state agencies such as the Delaware Alcoholic Beverage Control Commission. Any and all permitted uses should be considered by this Commission in taking this matter under advisement. Mr. Holt further stated that what the Commission is afraid of is the kind of traffic that is going to be generated for a liquor store. To clean the area up there has been a lot of time and money invested in getting the street cleaned up from a bad element. They do not want to see it go back to the way it was. He is aware that the ABC has regulations on the number of liquor stores in a certain area and other things that they could not do. Mr. Winsley stated that he agrees that the West Side in the past few years has improved in service and appearance. It has changed the area and when he read Planning Staff’s recommendation, the information that was provided to him was that the C-1A asked for is so that a liquor store can be established. It took them approximately ten to fifteen years to remove a 3

CITY OF DOVER PLANNING COMMISSION MARCH 21, 2005 liquor store which was within proximity of this site. He understands that once it is rezoned to this zoning you would have the option of putting whatever retail store that answers to retailing. According to the information he has, it cites the Historic District zone, he would think that the Historic District Commission should also be privy to information that he has so that they can also make a determination to say whether this would be complimentary to the historic zone. Mr. Winsley further stated that in the past we have stated that the Historic District does or does not exist in terms of what we think of as preservation. There is a Historic District Commission that stands as we do and in the past, we have had some oversights in which we have been put on notice in terms of legalities of overlooking the suggestions of the Historic District Commission. This puts us in a competitive form of overlooking what they stand for. He is concerned with what their reaction would be to this area in terms of the information that he has. Responding to Mr. Winsley, Ms. Melson stated that the Historic District Commission focuses on construction activities. A rezoning application is not required to go before that body to receive their recommendation. Their charge in our Zoning Ordinance is more related to construction activities and Design Standards and Guidelines that are established for items such as choice of materials, placement of the building, and form of the building. The Zoning Ordinance does not charge them in focusing on the types of uses that are occurring within the said building on the property. Those responsibilities related to the types of uses and zoning of the property rely upon the Planning Commission and their recommendation to City Council. The Historic District Zone is an overlay which focuses on design elements such as the AEOZ zone which is tied to provisions for flight activities in those areas or the Corridor Overlay Zone which focuses on landscape and building placement related to a specific corridor. Mr. Winsley further stated that through a neighborhood community effort the store was closed in referring to the liquor store. Should we repeat that? I know that they say this is not for the liquor store; however, that information was presented. Responding to Mr. Winsley, Mr. DiMondi stated that for those who have served on the Planning Commission for a number of years you will recall that the Commission has been faced with situations where individual applicants seeking a rezoning are not required by our ordinance to disclose the intended use or occupancies for the property that is sought to be rezoned. The only legal issue properly before the Commission essentially revolves around the permitted uses of the proposed zoning classification and its compatibility with the adjacent zoning districts and in particular, the adjacent land uses. Before any formal action is taken, he will read to you the charge as expressed in the ordinance itself which identifies the elements that should be of great concern in expressing and articulating the burden that an applicant like Mr. Duncan would have in order to prevail in a setting like this on a recommendation to City Council. Mr. Winsley further stated that the community was up in arms and they had to come afterwards to rectify a situation that was probably overlooked because of what the zoning could have been or may not have been. Now it comes to his understanding that we can prevent something from happening in the future. This is what he understands from the information that was submitted. Mr. DiMondi stated that they need to determine what their legal obligation for consideration this evening is. He would like Ms. Melson to read an excerpt from the Zoning Ordinance that should 4

CITY OF DOVER PLANNING COMMISSION MARCH 21, 2005 give and provide us with guidance in determining this matter as well as guidance for those individuals expecting to offer their opinions in the context of the public hearing that will be opened. Ms. Melson stated that what she is reading from is part of the Zoning Ordinance: Appendix B of the City of Dover Code of Ordinances specifically Article 10, Section 5.1 "Report of Planning Commission." "In making such a report after a public hearing on the proposed amendment the Planning Commission shall make inquiry and determination concerning the items listed below." In this case, this type of amendment, as there are various types of amendments, is a change to the zoning map and is focused on in Article 10, Section 5.111 and continues reading as such: "Concerning a proposed amendment involving a change in the zoning map by way of a petition to rezone property or by way of annexation: (then there is a list of items:) item A: whether the uses permitted by the proposed change would be appropriate in the area concerned; Item B: whether adequate proposed public school facilities and other public services exist or can be created to serve the needs of any additional residences likely to be constructed as a result of such change; Item C: whether the proposed zoning is in accord with any existing or proposed plans in the vicinity; Item D: the affect of the proposed amendment upon the growth of the City as envisioned by the Comprehensive Plan; and Item E: whether the proposed amendment is likely to result in an increase or decrease in the total zoned residential capacity of the City and the probable affect thereof." This is the information and guidance that is given to the Planning Commission and ultimately to City Council in considering a rezoning action. Mr. Winsley further questioned that the paragraph that states "Staff recommends the zoning for the parcel to remain Service and Office related C-3” and then in the next paragraph it says "the alternative considered would have been to make no recommendation and allow the commission to hear testimony from the applicant.” When he read Staff’s recommendation that the zoning remain as C-3 he would like to know what the conditions were that they made that recommendation from? Responding to Mr. Winsley, Ms. Melson stated that the items of consideration are best reflected if Planning Commission members are following along in the Development Advisory Committee report. The first paragraph under the recommendation of the Planning Staff reflects that in considering the proposed change is the change appropriate for the area? Our feeling was that there is a concentrated area of retail along West Loockerman Street; however, this area is an area of transition where retail is perhaps not the appropriate use to be happening there. The zoning in the area, as it exists, would protect what we have termed as the “de-concentration of retail” from a retail core area. This retail core area being the first immediate blocks of the Loockerman Street corridor moving from South State Street through to the next three to four blocks. It is a very specific retail area that is zoned C-2 and allows for retail uses on the first floor with residential activities above. Ms. Melson further stated that these are the reasoning’s for the Staff recommendation of keeping this as C-3. C-3 zoning is best given the location of this subject parcel and its surrounding zoning elements and existing uses. This also reflects other criteria that would have to be considered such as whether it is in accord with the existing plans that are proposed in this area and the Comprehensive Plan. The downtown area calls for a mixed use approach and certainly the existing zoning would comply with a mixed use approach to land use activities in this area as would the proposed zoning classification of the applicant. 5

CITY OF DOVER PLANNING COMMISSION MARCH 21, 2005 Colonel Welsh stated with regards to Section 5.111, Item A states that one of the considerations is whether the permitted uses are appropriate for the neighborhood. He would assume that this would be all inclusive and the answer in this case is not all obviously from the people in the audience. He has spent his life dealing with regulations and regulations were always the least restrictive. In other words, you could require no less then what the regulations were. You could be more restrictive, in other words, you could impose additional restrictions on those regulations. Can the approval be granted with a specific restriction for a liquor store? Responding to Colonel Welsh, Ms. Melson stated that in this instance the proposal as you have noted to specifically eliminate a potential use by name of a liquor store would constitute what in the planning realm she believes is referred to as a contract zoning. It would not be permitted under our Code that this additional restriction be placed on the application. A rezoning application is very different than a Conditional Use application for Site Plan development activities where our Code includes provisions for additional conditions to be placed on the project or the development activity in the best interest of health, safety, and welfare concerns as evaluated by you as the Planning Commission. In this instance, you cannot specifically eliminate one of the uses on the permitted use list. It is either all or nothing. Mr. DiMondi opened a public hearing Bishop Marion Lott - 218 Reed Street - Stated that he was here as a homeowner. He is here to make sure that all voices are heard and that we do not want a rezoning because we do not want to re-create the opportunity for a liquor store. There has been a process going on now for sixteen (16) years to improve the quality of living in our community. There has been a joint effort with the City Council, Police Department, and with programs that have been established within the community and with other organizations to improve the quality of living. If we would permit a rezoning and create an opportunity for a liquor store to come into our community it would be just as devastating as permitting a crack house to be established in our community. We would like for the Commission to take into consideration as homeowners and the City of Dover who is encouraging homeownership in Downtown Dover that we have a lot of concerns about whether there is a possibility of a liquor store being in our community. Mr. Duncan did not say and he cannot say that there will not be a liquor store in the community providing that the rezoning is permitted. We would like the Commission to know that as homeowners we support a denial of rezoning. Mr. Theodore Henderson - 506 Wyoming Avenue - Stated that he is currently the Pastor of the Dover Christian Church. He grew up in two communities that were both intercity communities in Washington D.C. and Columbus, OH. What was prominent in both of those communities was liquor stores. What he knows about retail is that retail cares nothing except profit and profit upon the lives of people. The gentleman made a very accurate statement that if it were a dress shop or a candy store none of "us" people would be here. You are right, it is a no brainer, had you been raised in intercity areas like he was where he has seen the affect of alcohol and what it can do to a family. Dover does not have an intercity yet, but it can develop one. He has no problem with 6

CITY OF DOVER PLANNING COMMISSION MARCH 21, 2005 the area being rezoned if he could be assured beyond a doubt that there would be no liquor stores. If we were talking about Wild Quail or Pennwood, we also would not be having this discussion. In the name of God we need to consider what we are doing and consider the area itself which is a high risk sensitive area. There is already prostitution, drugs, and other types of things that are going on in this area; it is already there. If you could assure me without a doubt that there would not be another liquor establishment. Retail only cares about profit, they care nothing about lives, or about morality. We as a community need to be responsible for the community and the lives of our children. Mr. David C Roland - 25 Slaughter Street - Stated that he was here in behalf of New Jerusalem Baptist Church which is located at 25 Slaughter Street. His home is not in this area; however, his church is. Earlier we talked about whose business is this that this plot of land be rezoned. He thinks it is the community’s business as to what goes in it and what is allowed in it. We have a transitional area there as most of us in this room well know. We know what a liquor store will do. Surely Mr. Duncan is not requesting that he establish a liquor store. He is saying that there will be a business put there; however, we already have the news that there will be a liquor store involved. The parishioners at New Jerusalem Church do not want that. Slaughter Street, as you know, is directly located next to these streets that we are talking about here. He certainly hopes that Mr. Duncan and the Planning Commission would hear our plea; we do not want a liquor store adjacent to our church. The area in which they live in has already been stigmatized and they do not want it get any worse. It has been cleaned up fairly good at this point. A liquor store would not help the community. We are banded together in unity stating that we do not want a liquor store in our area. Mr. L.T. Blackshear - 996 Boggs Drive - Stated that he concurs with the previous two speakers. He differs that this is not a historical area. The Historic District does not make those kind of mistakes. For those of us who have lived in the area and received help, he feels that this Commission and Staff deserves recognition for their service to the community. When we came to Kirkwood Street it was the worst area in Dover and most people already know that. With help from the Police Department, they cleaned up the area. We have improved Kirkwood Street so that it is a safe street now and there are plans to make it better. We are not in accordance with the rezoning at this time. We feel that this will make opportunities for us to go back into conditions that we have already come out of. We are in the process of doing other things along with the City to make it a better place for our citizens. When we first came to Kirkwood Street there were people drawing guns in the street and we have come a long way to rectify these situations. We are against this rezoning for the permitted uses. We are concerned with improving the living conditions and beautification of our City. Mr. DiMondi asked for those people who were in agreement with those comments already given during public testimony to please stand so that Staff could take a count. There were twenty-six (26) people who were in attendance in support of denial of this rezoning. Mrs. Bridgett Evant - Stated that she owns property on Kirkwood Street and her family owns five pieces of property between West Street and Fulton Street. She appreciates all that the City has done in rehabbing the properties themselves and the Police with helping our properties become better as a community. She appreciates Mr. Duncan for what he has done for the 7

CITY OF DOVER PLANNING COMMISSION MARCH 21, 2005 community; however, she believes as a homeowner and a citizen that the rezoning should stay as is. Mr. Richard Evant - Stated that he is the Pastor of the Calvary Baptist Church located on Queen and Fulton Street, which is next to Kirkwood Street as well as another Church located on Route 8 off of Forest Avenue. He is also the President of their Inter-denominational Ministerial Alliance where they have fifteen (15) churches that are represented in that alliance. On Saturday, they had a meeting where this issue came up and he is here to represent them in asking the Planning Commission not to change the zoning in that area. In 1989, he worked with then Mayor Hutchison to clean up Kirkwood Street and he feels that they have done a fairly good job. We do not want to see regress as this is near and dear to their hearts. They are concerned about their community and those that live there and want to keep improving it. One other thing that Mr. Duncan said was that it was a mistake that the liquor store was placed in the request for zoning. It is also pointed out to us that you can't select what retail store would go there; we can only vote it up or down. For that reason, we are requesting that the zoning request be denied. Mrs. Terry Stone - Stated that she owns five properties on Queen Street: 41, 47, 49, 51 & 53 S. Queen Street. We are asking that you do not put any more new businesses up. We have a Downtown that has several empty stores that if people want to have retail then they could go to one of the empty stores Downtown instead of building new buildings that can in years become problem places. We are trying to clean up Downtown Dover and things are slowly moving towards one direction. We are trying to clean it up for people to raise their children and not have more places for crime, places going out of business, and buildings run down. If things are not kept up it becomes more of a problem. We would ask that you deny the request. Ms. Sophia Russell - 20 N. New Street - Stated that she is a property owner on New Street and is here on behalf of the New Street Civic Association. Her request is that the Planning Commission take the consideration under their authority and deny the request to rezone it as a liquor store. Mr. Jack Wallace - 630 Forest Street - Stated that he has counted at least twelve churches that are in the neighborhood within about a two or three block radius. This is not a place where we would want to have alcohol sold in this area. Some people can be enticed simply because they see it. If it were not there, then they would not be involved with it. In looking at it in that respect, we would say no, we do not want it in that area. The House of Pride houses former alcoholics and he feels that they are getting good treatment there with the advice and prayers that they are receiving which has changed their lives in a positive manner. Seeing no one else wishing to speak, Mr. DiMondi closed the public hearing. Mr. Duncan stated that there are two key items that he is hearing. He stated that Mr. Holt stated that it is up to the Liquor Commission to decide not the Planning Commission. If we have the zoning approval we can put anything in there that we want but a business containing liquor has to go before the ABC. Mr. Duncan further stated that Mr. Winsley hit it right on the head when he stated that if you 8

CITY OF DOVER PLANNING COMMISSION MARCH 21, 2005 read the Staff’s report it zeroed right in on liquor that should never have been done. You did me a huge injustice to put this in the report and he really resents this. Every comment here tonight has been because of liquor and that is not an issue here. When he hears someone say that they do not want the zoning changed, that is fine; however, what about a reason. He never heard any reasons why. He also heard that they do not want any new businesses. How are you going to change the area if you do not want any new businesses, this is unbelievable. Mr. Duncan further stated with regards to “vested interest,” they feel they should dictate what he puts in these various stores. They have no vested interest as they have not one cent invested in his projects; this is wrong. If you try and decipher the answer given by Staff, he does not know how you would find an answer as it was a bunch of mismatch. It is just not fair what he has been subjected to. He has vehemently lost a lot of respect for what took place here tonight. He understands the people’s position 100% here tonight. Do you think that he is going to invest all of this money and then have someone come in and downgrade his investment; you have got to be crazy. Busy stores you have no problems with. He has fifteen (15) stores located in Maryland that are convenience stores with liquor with no problems because busy stores do not have problems. The Depot is a very busy store and it does not have problems. He is extremely disappointed that this turned into a liquor hearing which it never should have done in the first place. Mr. Tolbert questioned what Mr. Duncan’s role is with regards to the types of businesses that would come into the area? Responding to Mr. Tolbert, Mr. Duncan stated that he is the landlord and would be responsible for what comes in. There have been people who have come to him wanting to bring in a business. He has turned them down if he does not feel that they are best for the area or for the property. Why would you lower your standard; that does not make any sense? Ms. Young stated that Mr. Duncan has really turned around this side of town and she feels that he has done a wonderful job. What kind of businesses would you target for your store if this type of zoning were changed? Responding to Ms. Young, Mr. Duncan stated that the way it is now, he is very restricted. When you open up for retail you put whatever retail store would compliment the area. Ms. Young further questioned, do you solicit for businesses? Responding to Ms. Young, Mr. Duncan stated that no, he does not. Anyone in business knows what would fit in any particular location. Ms. Young further questioned as it stands right now, what type of businesses would you be attracting? Responding to Ms. Young, Mr. Duncan stated that a pizza shop would do extremely good; however, there are a lot of good businesses coming on stream all the time. He feels that an ice cream store would do very well there; however, he is not in the business of putting in a store and trying to rent it. Mr. Tolbert stated that you still have the responsibility to determine what businesses will come in. No matter who wants to come in, it is up to you whether you lease it to them. Mr. Duncan was in agreement with this statement. 9

CITY OF DOVER PLANNING COMMISSION MARCH 21, 2005 Mr. DiMondi stated before any further questions are asked, upon the Commissioner’s approval, he would like to go over what is permitted under the present zoning. C-2 zoning includes retail stores, financial institutions, theaters and restaurants, photo copy and film processing, formal wear rental shops, travel agencies, personal service stores including but not limited to barber shops, beauty shops, tailors and other similar establishments, professional governmental offices and other businesses related to professional occupancy, and apartments. C-3 zoning includes all service establishments including dry cleaning and laundry plants, wholesale storage and warehousing establishments, bowling alleys, animal hospitals, motor vehicle, boat or farm equipment sales or service would be appropriate under this current zoning category. Motor vehicle service stations are subject to a series of seven (7) different conditions and regulations as a proposed use. Newspaper, job printing, manufacturing assembling, altering, cleaning and processing products for sale on or off the premises and mini storage facilities are permitted as well. This is a summary of those uses that are currently permitted under the present zoning conditions applied to the several lots that we are considering this evening. Mr. Duncan stated that the ones that you just referred to under C-3 almost all of them do not apply to his location. We are only talking about a couple little stores. If it were zoned retail you could put a lot of things here. If you leave it as is, you are going to have empty stores. Do you want an empty store or would you prefer something in there. Mr. Tolbert stated that Mr. Duncan made mention that the decision is spinning around the liquor store issue. The Planning Commission he feels has to make their decision predicated on what the Code says. Although a liquor store would be allowed under the revised code, we will still make our decision predicated on what the regulations say; it is not just the liquor store issue. Mr. Winsley stated that his concern is how and where did the concept of the liquor store come from in relationship to the Zoning Code change that is requested? The community has been informed and the Planning Commission has been informed and it was according to what he is reading, the basis for the change of zoning. Responding to Mr. Winsley, Mr. DiMondi stated that in connection specifically with this application, there is the intent of a third party, who is not even here this evening, who could potentially be the real party interested with regard to the potential occupancy of a storefront for use as a liquor store is in and of itself a red Herring. What we all need to consider as Commissioner’s this evening is a much broader template against which all permitted uses as we discussed earlier identified by a thorough reading of C-1A and whether those meet the five (5) enunciated areas of a much broader perspective in terms of compatibility, the existing neighborhood, available services, (public and private), compatibility with proposed and existing uses, and whether it is consistent with the Comprehensive Plan. To the extent that we continue to dwell deeper and deeper into exploring one out of probably hundreds of potential uses permitted under C-1A is not serving any particular and fruitful purpose. You need to consider the broader template that we are charged with, take it under advisement, and render a decision with recommendation to City Council. Mr. Winsley stated that he knows that it was not a request; however, he has a recollection of one 10

CITY OF DOVER PLANNING COMMISSION MARCH 21, 2005 of the items that we had approved which the Historical Society challenged us legally in that we over stepped our bounds. He is concerned that the Historic Commission may or may not have comments regarding this application. Can we submit this to the Historic District Commission by referring this to them for their approval with the information that we were presented with? Responding to Mr. Winsley, Ms. Melson stated that Mr. Winsley’s comments are making two statements. The first is the question of can the Planning Commission refer this to the Historic District Commission, which is another appointed body of the City, for their recommendation. The answer is no, because this is not a review responsibility of the Historic District Commission. That appointed body deals with Design Standards and Guidelines not the type of use that is occurring in the building. Those responsibilities fall to the Planning Commission and City Council related to use. Ms. Melson further stated that the second question is regarding knowledge of this one type of use in particular, the liquor store. The liquor store would be considered a type of retail establishment. Mr. Winsley stated that he is concerned about what is behind the Planning Staff recommending that this property remain zoned as it is and what was the reasoning of providing the liquor store information if not to influence or to give us information. Responding to Mr. Winsley, Mr. DiMondi stated that whenever Staff is induced to go out on a limb and make a recommendation he as a Commissioner invites Staff. Staff has seen so much more than we have as we are only educated in the process and much more in the concept of a public hearing than we are in any way of transmitting information to us. It is just one more item of guidance and one more item that represents an information flow in the exchange of ideas. This was a Staff recommendation and we have now had the benefit of hearing from many members of the public. It is now a matter of how we integrate what we have heard this evening and what we have heard from Staff into these issues. We are charged by the ordinance of making specific findings in the context of a motion this evening. Colonel Welsh stated that he would like to commend Mr. Duncan on what he has done for the City of Dover and that part of town. You mentioned that you have a “vested interest” in that area and certainly you do a strong financial investment. You also stated that the people sitting behind you don’t have a vested interest in this and I disagree with you, I think they do. He feels they have a very strong vested interest in it because for sixteen (16) years they have invested their heart and souls into cleaning up this neighborhood. He is very impressed with what has taken place in this area, not only in this specific area but on Kirkwood Street and along the other side streets. He sees people taking pride in their homes. There is a lot of cleanup and painting to fix up the homes and he feels that they have done a great job. Colonel Welsh further stated that twenty-six (26) people are here tonight in the audience. Nine of them spoke against the proposed rezoning and when asked for a show of hands all twenty-six (26) stood as opposed to your proposed rezoning. In looking at Section 5.111, specifically item 11

CITY OF DOVER PLANNING COMMISSION MARCH 21, 2005 A, it states that we are charged with looking at the proposed rezoning and determining whether the permitted uses are appropriate for the neighborhood. Well, the neighborhood has answered and the neighborhood has said no. Not all the permitted uses are appropriate, not to mention that it does not comply with the Comprehensive Plan. (Staff note: zoning complies with the Comprehensive Plan under the mixed use land use category.) Colonel Welsh moved to recommend forwarding a motion to City Council for denial of Application Z-05-01 Lands of Robert Duncan at 585 Forest Street, 111 South West Street and 122 South Kirkwood Street, seconded by Mr. Tolbert and the motion was unanimously carried. 12

FINAL READING AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 585 FOREST STREET, 111 SOUTH WEST STREET, AND 122 SOUTH KIRKWOOD STREET WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from C-3 (Service Commercial) and C-2 (Central Commercial) to C-1A (Limited Commercial). NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from C-3 and C-2 to C-1A, on that property located at 585 Forest Street, 111 South West Street, and 122 South Kirkwood Street, owned by Robert M. Duncan. ADOPTED: * S:\ClerksOffice\Rezonings\2005\585 Forest St - 111 S West St - 122 S Kirkwood St\Ordinance - Final Rdg.wpd

LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee meeting was held on March 28, 2005, at 6:30 p.m. with Chairman Salters presiding. Members present were Mr. Hogan, Mr. Slavin, Mr. Shelton, and Mr. Shevock. Members of Council present were Mr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Ritter, Mr. Ruane, and Council President Williams. Mayor Speed was also present. AGENDA ADDITIONS/DELETIONS Mr. Slavin moved for approval of the agenda as presented, seconded by Mr. Hogan and unanimously carried. City Assessment Update - Cole Layer Trumble Company The City Assessor’s Office has been conducting a reassessment of properties throughout the City of Dover during the past year, to be effective with the tax billings for May 1, 2005. Mr. Joe Pizzoli of Cole Layer Trumble Company provided members with details of the commercial valuations for the reassessment. For the top 50 properties, there will be a significant percentage increase from the old to the new assessment, from a value of $434M to $593M. He stated that a few areas of concern were with the industrial properties that have decreased in value. One specific property is that of Kraft Foods, who appealed their old assessment, which decreased from $31.4M to $20.6M. Collectively, the value for the major industrial properties has decreased approximately $30M. Fortunately, with the increase in value of other properties, that decrease has been off-set, providing a 37% increase overall. He reminded members that this is for the top 50 commercial properties only. Mr. Pizzoli stated that the new appraisal for the Dover Mall is $86.5M. He noted that this property, which has four (4) major anchors, sold for $75.2M in January 2003. However, he advised members that Boscov’s (was appraised at $7.6M and is now appraised at $15.9M) and Penneys (was appraised at $7M and is now appraised at $11M) were not included in the sale and that by adding those two (2) properties to the new appraisal, the total value would be $113.5M. With reference to the downtown area along Loockerman Street, Mr. Pizzoli stated that there has been no increase. Since the few sales that have recently occurred were in line with the old assessments, there is no justification for a change in their value. Mr. Pizzoli assured members that an adequate amount of information has been obtained for the commercial values and that the reassessments are supportable and defendable in any court. In response to Mr. Ruane, Mr. Pizzoli stated that the methodology used for the reassessment included a cost value, market value, and income value. In developing the reassessment for the commercial properties, he stated that the income value was predominantly used; however, details of each value will be provided for each property. In assessing property, Mr. Pizzoli stated that once all the facts are collected on a specific property, the appraiser determines what the cost value indicates, what the income value indicates and if there is a wide disparity in these values, the information is re-reviewed. Many times the income value will be much greater than the cost due to location of the property. Unfortunately, he stated that there were not many comparable transactions for considering market values for commercial properties; however, those that occurred are definitely considered “arms length” transactions.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF MARCH 28, 2005 PAGE 2 Mr. Pizzoli stated that of the highest 50 commercial properties, the lowest property on the list was previously appraised at $3.8M, and that this property has been reassessed at $8.8M. The highest property on the list was previously appraised at $48.8M, which was the old assessment for Dover Downs. Responding to Mr. Sadusky, Mr. Pizzoli explained that the major reason for the decrease in value of the industrial properties is because they are functionally obsolete. Mr. Rob Engel, Project Manager with Cole Layer Trumble Company, advised members that there has been a significant increase in residential values in the City of Dover. Unfortunately, he stated that he has not yet finalized the total reassessment. Unlike commercial properties, he explained that the income approach is not considered in the appraisal of residential properties; however, the cost and market value approach is used. With a revaluation, areas that have increased dramatically in value will have an increase in their property assessment and will pay accordingly. Mr. Engel explained that the same is true for those areas where there has not been an increase, and property owners have essentially been paying too much. He stated that the effective date of value of the property reassessment is as of January 1, 2005. In response to Mr. Ruane, Mr. Engel stated that he was aware of the troubles the City experienced during the last reassessment with regards to neighborhood delineation and that a complete reorganization was done. The team completely reviewed each neighborhood based upon sales and re-developed new land values and compared sales for each of the neighborhoods to derive new market values. Mr. Engel stated that there was a significant difference in land values from the last reassessment. He explained that it does not cost any more to build a house today than it did three to five (3-5) years ago; however, land value has increased significantly. As an example, he stated that if the market value of a property five (5) years ago was $100,000 and today, the market value is $200,000, it is likely that the land value increased 50%, not the building. Mr. Hogan moved to recommend acceptance of the report on the City Assessment Update provided by Cole Layer Trumble Company. The motion was seconded by Mr. Shelton and unanimously carried. Mr. Hogan moved for adjournment, seconded by Mr. Slavin and unanimously carried. Meeting Adjourned at 7:02 P.M. Respectfully submitted, Reuben Salters Chairman RS/jg S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2005\03-28-2005 LF&A.wpd

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT The Parks, Recreation, and Community Enhancement Committee meeting was held on March 29, 2005, at 5:34 p.m. with Chairman Pitts presiding. Members present were Mr. Ruane, Mr. Hogan, and Mr. Truitt. Mr. Anderson was absent. Mr. Carey (left at 6:08 p.m.) and Mayor Speed (arrived at 5:43 p.m., left at 6:23 p.m.) were also present. AGENDA ADDITIONS/DELETIONS Mr. Hogan moved for approval of the agenda, seconded by Mr. Truitt and unanimously carried. Discussion - Drafting of a Vacant Building Ordinance The Downtown Dover Merchants Association requested consideration of amendments to Chapter 5 of the Dover Code with regard to vacant buildings to include the following: 1) Vacant Buildings in the Business Improvement District (BID) be subject to the same code as occupied buildings; 2) A vacant building in the BID Tax District be subject to “Vacancy Registration Fees”, similar to Wilmington’s Annual Registration and Vacant Building Fees (Wilmington Ordinance 03-019). Properties are deemed vacant if “No person or persons actually currently conducts a lawfully licensed business, or lawfully resides or lives in any part of the building” (Wilmington City, Chapter Four, City Code Section 4-27,125.0(b)(1)(F); and, 3) This ordinance would be enforced by the City of Dover Department of Planning and Inspections. Registration fees and fines could be used to fund additional inspectors for enforcement and, therefore, would be virtually self supporting. During the committee meeting of March 15, 2005, staff provided members with a draft outline of a possible Vacant Building ordinance modeled on the City’s existing ordinance and several ordinances obtained from other communities (Attachment #1). However, discussion on the concept was deferred. Ms. Diana Welch, co-owner with Helen Haughey of 115 West Loockerman Street and 233 West Loockerman Street, expressed concern about the many vacant buildings downtown. She believes that something should be done to make the current property owners of vacant buildings responsible for bringing their buildings up to code. She believes they have vacated their property and are not earnestly seeking renters. The current problem of vacant buildings is that owners do not have to meet the same code as they would if someone was occupying the space. She felt this was problematic and that these situations need to be resolved. Ms. Helen Haughey stated that she was part of the revitalization of the Wilmington Riverfront in the 1990's, which is now a beautiful area, and they are asking that the same opportunity to be given to people in Downtown Dover. A great example of revitalization that has come about in Downtown Dover is the Schwartz Center, where the building was sold to people who cared about it and fixed it up. The same thing could be beneficial to the homeowners and businesses on Loockerman Street, if they are provided the opportunity. Mr. Tom Smith, 214 South State Street and president of the Downtown Merchants Association, stated that there has been a great deal of effort through the City of Dover, Main Street Dover, and the Downtown Dover Development Corporation to revitalize the downtown area; however, Downtown Dover is still not vibrant or thriving. It is still an area with problems which call out for

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF MARCH 29, 2005 PAGE 2 solutions. The first noticeable problem is the many vacant buildings. If this problem of vacant buildings can be solved, it will go a long way to solving the other long term problems. Ms. Elizabeth Smith of Books on Loockerman Street stated that she does not know a lot about this problem; however, she feels that small towns everywhere are experiencing the same problems. Replying to Ms. Smith, Ms. Haughey stated that she has driven from Maryland to California, going through many small towns, and could see that the ones that were thriving were the unique stores that have done a lot of facade and road work. Mr. Ed Perez of Main Street Dover stated that the revitalization of Dover was started over two (2) years ago. Meetings were held with many of the vacant property owners and there was not much progress. Mr. Perez added that attracting new investors is hard with all the vacant properties. After much discussion, Mr. Galvin advised members that any ordinance considered would apply Citywide and there would be other attributes that would have to be taken into account. Mayor Speed and Mr. Galvin suggested that members get an endorsement from Council to move forward with the creation of a vacant building ordinance before the committee spends too much time defining the specifics of the ordinance. Mayor Speed also stated that the merchants present were only a small group of people, however; the proposed ordinance would have an impact on a much larger group; therefore, by getting Council’s endorsement it will be presented to the public and would give others an opportunity to provide input. Mr. Hogan moved to recommend that the City move forward with the development of a vacant building and lot ordinance, covering residential, commercial, and industrial properties and that this process involve the Parks, Recreation, and Community Enhancement Committee holding public evening meetings, along with the Planning Department. The motion was seconded by Mr. Ruane and unanimously carried. The committee requested Council’s concurrence that this is a project worthy of the Planning staff and committee’s further consideration. Mr. Ruane suggested that the Planning and Inspections Department be encouraged to invite all the owners of these properties to these meetings, perhaps even by registered letter, so that it is on the record that there was public input. Mr. Hogan moved for adjournment, seconded by Mr. Ruane and unanimously carried. Meeting Adjourned at 6:40 p.m. Respectfully submitted, John W. Pitts Chairman JWP/tm S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2005\03-29-2005 PR&CE.wpd Attachments Attachment #1 - Vacant Building Ordinance Outline

ACTION FORM PROCEEDING: Council AGENDA ITEM NO: 4/11/05 – 8A DEPARTMENT OF ORIGIN: Information Technology Department DATE SUBMITTED: 3/29/05 PREPARED BY: Mark Callan, Information Technology Director SUBJECT: Information Technology Help Desk Tracking and Network Security/Performance Monitoring REFERENCE: N/A RELATED PROJECT: Long Range Strategic Information Technology Plan Approved by Council 2/2/04 APPROVALS: City Manager, Finance Director EXHIBITS: N/A EXPENDITURE REQUIRED: $31,316.25 AMOUNT BUDGETED: $35,600.00 FUNDING SOURCE (Dept/Page in CIP): Information Technology General Fund Acct # 110-2200-516-40-27 2005-2009 CIP pages 164 & 165 TIMETABLE: Contract must be awarded by April 22, 2005 RECOMMENDED ACTION: Award contract for Help Desk Tracking System and Network Security/ Performance Monitoring to low bidder, Intuit Information Technology Solutions. BACKGROUND AND ANALYSIS The City currently uses a variety of in-house developed methods to track IT related work orders and assets. By utilizing one common commercial tool for tracking all IT service requests, central records would be more timely, comprehensive, and accurate. In addition, a knowledge base would begin to form which would assist personnel in identifying patterns or recurrences of problems. As a part of the approved IT plan, BDMP recommended that we also purchase a software package that would allow us to monitor server and network security as well as monitor our network hardware and bandwidth utilization. We combined the two projects because we were able to find vendors who could provide an integrated solution. RFPs were sent to eight vendors. Seven responses were received. Vendor Name Bid Price Comments Intuit Information Technology $31,316.25 Projected Annual Maintenance for next 4 fiscal Solutions years - $4493.75 Right Star Systems $32,812.50 Missing several necessary modules Oak Tree $58,780.54 Annual Maintenance - $4723.00 Front Range $59,755.00 Annual Maintenance – 20% of software cost Touch Paper $63,813.00 Annual Maintenance – Not stated BOSSdev Inc. $93,000.00 Did not respond with a solution that met our request specifications. Annual Maintenance - $6,500.00 per month Infra Wise $115,000.00 Annual Maintenance - $23,000.00 Upon review of the proposals, Intuit Information Technology Solutions was chosen based on its price, experience, references, and RFP compliance.

ACTION FORM TITLE: Agenda and Legislative Management Software AGENDA ITEM: 04-11-2005 - 8B PROCEEDING: City Council DEPARTMENT OF ORIGIN: City Clerk’s Office PREPARED BY: Janice C. Green, City Clerk SUBJECT: Proposal - Agenda & Legislative Management Software DATE SUBMITTED: 4-4-2005 (RFP #05-0053CC) RELATED PROJECT: Paperless Packet APPROVALS: Finance Director/Treasurer EXHIBITS: n/a EXPENDITURE REQUIRED: $28,500 AMOUNT BUDGETED: $64,000 FUNDING SOURCE (Dept./Page in CIP & Budget): City Clerk/CIP Page 155; Budget Page 278 TIMETABLE: Approval by Council on 4/11/2005; implementation 20-30 days thereafter. RECOMMENDED ACTION: Recommend authorizing the purchase of Agenda and Legislative Management Software (NovusAGENDA) from Novusolutions in the amount of $28,500. BACKGROUND AND ANALYSIS Agenda and Legislative Management Software is a legislative work flow and document management system that manages drafting, tracking, indexing, attachments and exhibits, and reporting for the City, including the posting of agendas, minutes, and packets to the City’s Website. The purchase of this software will provide the consistency of one program for all aspects of legislative documents and eliminate the need to manually track pending items, such as citizen requests, staff directives, etc. that do not require committee/council review. This project will improve our ability to generate legislative type of reports quickly and efficiently, improve communications with city staff, provide exceptional benefits for the Paperless Packet Project and improve community relations. /jg S:\ClerksOffice\CAFS\Legislative&Management Software - Council-04-11-2005.wpd

ACTION FORM PROCEEDING: Council AGENDA ITEM NO.: 04/11/05 – 8C DEPARTMENT OF ORIGIN: Police DATE SUBMITTED: 03/31/05 PREPARED BY: Captain Ray M. Sammons III / Administrative Division Commander SUBJECT: Radio Console Furniture Purchase REFERENCE: WMD FY 2004 Funding RELATED N/A PROJECT: APPROVALS: City Manager, Finance Director EXHIBITS: Memo from Chief Horvath dated March 31, 2005 – Sole Vendor Justification EXPENDITURE REQUIRED: $62.966.00 AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & WMD FY 2004 Funding (Grant Fund) Budget): TIMETABLE: Should Council approve this purchase, the Police Department will notify DEMA that the Purchasing Policy for the City of Dover was followed, and the purchase was approved by Council. At that time, the consoles will be ordered in accordance with the City’s Purchasing Policy; but when the invoice is received, the funds will be obtained from DEMA to pay said invoice. RECOMMENDED ACTION: Council approve project as requested. BACKGROUND AND ANALYSIS The Police Department is in the process of upgrading its current 800 mhz radio system in its dispatch area, which includes radio consoles (radio computers) and radio console furniture. The money for this upgrade has been secured through the FY 2004 Weapons of Mass Destruction funding through the Law Enforcement funds. The radio console furniture, which the Department is requesting to purchase through the City’s Purchasing Policy, is Xybix Systems consoles. The Department has researched different consoles and believes these consoles fit our current and future requirements adequately. The sole source documentation for this request is attached to this Action Form. The purchase of this radio console furniture (five positions) will not cost the City of Dover any money. The funds are secured and currently at DEMA awaiting disbursement. We are requesting to purchase specific radio console furniture from Xybix Systems. The purchase of specific items (sole sourcing) is more expedient through the City of Dover’s process than the State of Delaware’s; and due to the time constraints on the funding, we are requesting permission to purchase these radio console furniture positions through the City of Dover’s Purchasing Policy. If approved by Council, the Police Department will place the order with assistance from DEMA. The invoice will be paid by DEMA with the WMD monies which have been secured for this project.

Memorandum To: Council President Council Members From: Captain Ray M. Sammons III Administrative Division Commander Thru: Chief Jeffrey Horvath Re: Sole Vendor Justification for Xybix Systems Date: March 31, 2005 The sole vendor justification for purchasing radio console furniture from Xybix Systems is as follows: 1. The Xybix Systems offers a three (3) year unlimited warranty with a purchase of their product. Other systems do not offer such a complete warranty. 2. The Xybix Systems offers the only radio console furniture on the market which offers the feature “I-fit”. This feature is unique to this company. They are currently in the process of obtaining a U.S. patent as well as an international patent, just for this specific feature. The “I-fit” feature works in conjunction with existing computer network systems, which the Dover Police Department currently has in place. The software is loaded onto the network and can automatically adjust workstations to individual optimum ergonomically correct settings for seated or standing working positions for each individual dispatcher with a simple click of the mouse. During initial set up of the consoles, a representative from the company will determine the optimum ergonomically correct position for a console for each dispatcher. These settings will be based on the national standards and studies from the American National Standard for Human Factors Engineering of Visual Display Terminal Workstations for what is considered to be the best ergonomically correct positions for each dispatcher based upon their physical characteristics. Once these settings are determined and entered into the computer system, the dispatcher will be able to work at any console utilizing their optimum settings by simply clicking the mouse on an icon. (Other vendors’ consoles do not offer this feature and the user pushes buttons to move the console to any position they desire) The software for this feature records console usage by each individual user based on the log-on name and password. This provides a comprehensive record of the individual activities on a time scale basis. Management control over use of EROPOWER adjustable ergonomic workstations means the potential exists for 100% of users to be positioned correctly whenever they are logged on the network. 3. Administrators can retrieve reports regarding the usage of the consoles by their people. Exception reports, Historical usage reports and Real time on screen reports. 4. Other consoles by different vendors are unable to track data regarding usage for their consoles. 5. Monitors are rack mounted onto a system called “Roller Vision” so the dispatcher can place the monitors at the optimum viewing position. 6. Consoles consist of modular components which can be added to if growth or remodeling is required. A whole new console is not required. 7. Frame work constructed of 14 and 18 gauge powder coated steel.

ACTION FORM PROCEEDING: Legislative, Finance & Administration Committee AGENDA ITEM: 4/11/05 – 1 DEPARTMENT OF ORIGIN: Parks, Recreation & Library DATE SUBMITTED: 4/1/05 PREPARED BY: Zachery C. Carter SUBJECT: Replacement of Heating and Cooling Units – Dover Parks and Recreation Building REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager and Finance Director EXHIBITS: N/A EXPENDITURE REQUIRED: $38,000 AMOUNT BUDGETED: $12,485 FUNDING SOURCE (Dept./Page in CIP & Budget): General Fund #110-1500-525 (40-25) TIMETABLE: Within 30 days of J. Grilli quote dated March 23, 2005 RECOMMENDED ACTION: Approve an increase of $25,515 in funds for this expenditure to ensure efficient and proper heating and cooling of the Recreation Center. Money is to be re-appropriated by the City Manager from within the FY05 Budget. BACKGROUND AND ANALYSIS In FY05, the Parks and Recreation Department requested $11,980 for replacement of the cooling unit for the Dover Park building. This figure was based on a cost estimate provided by the Facilities Management Division. During FY05, Facilities Management received a quote of $12,485 for replacing the cooling unit. Based on this, Parks and Recreation did a budget adjustment (November 24, 2004); and the line item 40-25 was increased to $12,485. At that time, Parks and Recreation notified Facilities Management to proceed with the project. During March 2005 after a complete re-evaluation with our heating contractor, Facilities Management recommended that the heating unit along with the cooling unit be replaced in the Dover Park building. This was due to the age of the heating equipment along with the fact that the heater company is no longer in business. The existing heating unit is located inside the building; with the installation of a new unit, it will be moved to the outside of the building. Cost breakdown: Heating / AC Unit Replacement $35,980 Concrete Pad and Fence $ 2,020 $38,000 Our analysis indicates that the price for the project will only continue to grow. The current AC unit must be replaced at this time. It would be cost efficient to replace the aging heating unit at the same time. We recommend approval to increase the line item 110-1500-525 (40-25) by $25,515 (total line item amount would then be $38,000) to replace the heating and cooling units at the Dover Parks and Recreation building. Due to time constraints, it is being requested that this be placed on the April 11 City Council agenda.

FINAL READING BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That the amounts hereinafter named in various City funds are changed from the currently approved revenues/receipts and appropriations to the revised revenues/receipts and revised appropriations for use by the various departments of the Municipal Government for the fiscal year beginning July 1, 2004 and ending June 30, 2005: A. GENERAL FUND Current Additions Revised RECEIPTS Budgets (Reductions) Budgets Beginning Balance $2,917,154 $(141,107) $2,776,047 Business Licenses 1,214,793 15,207 1,230,000 Permits & Other Licenses 1,040,580 (100,000) 940,580 Transfer Tax 1,400,000 300,000 1,700,000 DSWA-Trash Fee Rebate 162,000 13,583 175,583 Court of Chancery Fees 480,000 40,000 520,000 Internet Service Revenue 26,460 (6,460) 20,000 Sale of Land --- 16,750 16,750 Intrafund Service Receipts Water/Wastewater 1,025,270 (18,982) 1,006,288 Intrafund Service Receipts Electric 3,873,593 (66,663) 3,806,930 Grants: Recreation 130,000 (110,000) 20,000 State Grant- Trail Maintenance --- 1,200 1,200 Tree Planting Grant --- 13,000 13,000 Transfer from Municipal Street Aid 780,000 12,000 792,000 Transfer from Civic Traffic Penalties 800,000 (300,000) 500,000 Net Adjustments (331,472) Current Additions Revised EXPENSES Budgets (Reductions) Budgets Council 148,387 (6,550) 141,837 Tax Assessor 251,212 (16,429) 234,783 Fire 924,434 900 925,334 Grounds 991,020 13,150 1,004,170 Library 953,388 (52,512) 900,876 Recreation 768,379 (105,778) 662,601 Planning 228,391 (27,249) 201,142 Public Inspections 953,251 (21,989) 931,262 Police 9,865,086 24,697 9,889,783 Streets 1,234,130 (1,953) 1,232,177 Sanitation 1,992,928 (317) 1,992,611 City Manager 435,772 (28,820) 406,952 Information Technology 889,017 (54,017) 835,000 Finance 648,362 (35,292) 613,070 PW Administration 302,373 1,460 303,833 Facilities Management 1,083,532 (6,882) 1,076,650 Engineering 256,686 (1,062) 255,624 Central Services 788,146 (15,005) 773,141 Vehicle Maintenance 614,578 1,640 616,218

Final Reading - April 11, 2005 Budget Revisions Page 2 Administrative Services 1,059,118 24,957 1,084,075 Human Resources 327,208 (37,134) 290,074 Mayor 102,568 (1,884) 100,684 Provision for Uncollectibles --- 10,000 10,000 Transfer to Workers Compensation Fund --- 16,000 16,000 Budget Balance - Working Capital 2,254,366 (11,403) 2,242,963 Net Adjustments (331,472) B. WATER/WASTEWATER FUND Current Additions Revised REVENUES Budgets (Reductions) Budgets Beginning Bal - Water $1,634,541 $(7,000) $1,627,541 Beginning Bal - Wastewater 644,223 (31,956) 612,267 Water Fees 3,962,500 (226,432) 3,736,068 Wastewater Fees 2,931,810 (594,691) 2,337,119 Wastewater Adjustment Fees 2,788,875 185,639 2,974,514 Impact Fees 665,000 335,000 1,000,000 Net Adjustments ($339,440) Current Additions Revised EXPENSES Budgets (Reductions) Budgets Construction $495,136 $637 $495,773 Water 880,103 (82,569) 797,534 Water Treatment Plant 639,106 (7,850) 631,256 Wastewater 758,196 (45,268) 712,928 Water Meter Reading 57,685 (2,604) 55,081 Intrafund Service Fees 1,025,270 (18,982) 1,006,288 Transfer to Water I/E 227,151 147,776 374,927 Transfer to Wastewater I/E --- 105,595 105,595 Transfer to Impact Fee Reserve 147,860 417,648 565,508 Budget Balance - Water 2,293,963 (279,627) 2,014,336 Budget Balance - WW 1,344,727 (370,675) 974,052 Budget Balance - Kent County Fees (1,507,895) (203,521) (1,711,416) Net Adjustments ($339,440) C. WATER/WASTEWATER I & E FUND Current Additions Revised REVENUES Budgets (Reductions) Budgets Beginning Balance - Wastewater 499,917 119,661 619,578 Bond Issue Proceeds Series 2005 1,175,000 (1,175,000) --- Miscellaneous --- 50,000 50,000 Transfer from Water WW for Water 227,151 147,776 374,927 Transfer from Water WW for Wastewater --- 105,595 105,595 Transfer from Impact Fee Reserve 460,000 (185,000) 275,000 Net Adjustments (936,968)

Final Reading - April 11, 2005 Budget Revisions Page 3 Current Additions Revised EXPENSES Budgets (Reductions) Budgets Water $1,048,453 $77,391 $1,125,844 Wastewater 2,460,624 (1,010,590) 1,450,034 Water Construction 107,364 (101) 107,263 Budget Balance - Water- Working Capital 10,160 120,435 130,595 Budget Balance - Wastewater - Working Capital 24,066 375,897 399,963 Budget Balance - Bond Proceeds - 2005 500,000 (500,000) --- Net Adjustments (936,968) D. ELECTRIC REVENUE FUND Current Additions Revised REVENUES Budgets (Reductions) Budgets Beginning Balance $3,842,665 $(6,286) $3,836,379 Duke Contract Revenue --- 1,072,000 1,072,000 Net Adjustments 1,065,714 Current Additions Revised EXPENSES Budgets (Reductions) Budgets Transmission/Distribution 2,963,771 5,750 2,969,521 Electrical Engineering 1,668,692 16,708 1,685,400 Administration 806,659 63,890 870,549 Meter Reading 281,577 (8,732) 272,845 Transfer to Workers Compensation Fund --- 8,000 8,000 Interest on Deposits 15,000 10,000 25,000 Intrafund Service Fees 3,873,593 (66,663) 3,806,930 Other Appropriations: Improvement/Extension --- 600,000 600,000 Debt Service 2,170,213 494,961 2,665,174 Debt Service - Arbitrage Compliance 50,000 (50,000) --- Inventory Reserve 125,000 (125,000) --- Rate Stabilization Reserve 500,000 572,000 1,072,000 Budget Balance - Working Capital 3,921,490 (455,200) 3,466,290 Net Adjustments 1,065,714 E. ELECTRIC I & E FUND Current Additions Revised REVENUES Budgets (Reductions) Budgets Beginning Balance $5,795,917 $(650,000) $5,145,917 Trsfr from Electric Rev Fund --- 600,000 600,000 Net Adjustments (50,000)

Final Reading - April 11, 2005 Budget Revisions Page 4 Current Additions Revised EXPENSES Budgets (Reductions) Budgets Transmission/Distribution $981,114 $651,952 $1,633,066 Electrical Engineering 3,106,604 (51,952) 3,054,652 Budget Balance - Working Capital 872,375 (650,000) 222,375 Net Adjustments (50,000) ADOPTED: *

FINAL READING ITEM 10 b-1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 5 - Buildings and Building Regulations, Article II - Section 5-16 (a) BOCA National Building Code adopted, and (b) International One- and Two-Family Dwelling Code adopted, be amended to read: ARTICLE II. BUILDING CODE Sec. 5-16. Adopted. (a) International Building Code adopted. That certain documents, three (3) copies of which are on file in the department of planning and inspections of the City of Dover being marked and designated as “The International Building Code, 2003 Edition” as published by the International Code Council be and is hereby adopted as the Building Code of the City of Dover in the State of Delaware; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Building Code, are hereby referred to, adopted and made a part hereof as if fully set out in this section, with the additions, insertions, deletions and changes as follows: Section 101.1 Title. Insert “City of Dover, DE” in place of “[NAME OF JURISDICTION]” Section 105.2. Work exempt from permit. Delete Section in its entirety. SECTION 106 CONSTRUCTION DOCUMENTS Section 106.1. Insert: “for new construction, alterations, repairs, expansion, additions or modifications of buildings or structures, which involve the practice of architecture or engineering, as defined by the professional registration laws of the State of Delaware shall be prepared by a registered design professional consistent with the professional registration laws of the State of Delaware. Construction documents shall include the name, address and license or registration number of the registered design professional and shall be signed, sealed and dated by the registered design professional in accordance with the professional registration or licensing laws, statutes, regulations or administration provisions of the State of Delaware.”, in place of, “shall be prepared by a registered design professional where required by the statues of the jurisdiction in which the project is to be constructed.” Section 108.3. Insert: “see Section 5-21 Fees for permits” in place of, “in accordance with the schedule as established by the applicable governing authority”. Section 112 BOARD OF APPEALS, Delete Section in its entirety.

Final Reading - April 11, 2005 Chapter 5 - Buildings & Building Regulations, Chapter 7 - Fire Prevention & Protection Chapter 10 - Housing & Property Maintenance Page 2 Section 113.4 Violation Penalties. Insert: “Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, places, alters, repairs, a building or structure in violation of the approved construction documents or directive of the building inspector, or of a permit or certificate issued under the provisions of this code shall be charged with a violation of this code and be guilty of a misdemeanor, punishable by a fine of not less than $100.00 or more than $10,000.00, or by imprisonment thirty (30) days, or both such fine and imprisonment. Each day that a violation continues shall be deemed a separate offense. In place of: “Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, places, alters, repairs, a building or structure in violation of the approved construction documents or directive of the building inspector, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law. Section 114.3 Unlawful continuance. Insert: “Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be charged with a violation of this section and shall be fined according to the following schedule: $100.00 for any first offense; $250.00 for any second offense; $500 for any third offense; and no less than $1000.00 or more than $10,000.00 for any fourth and subsequent offense. Repeat offenders shall not receive warnings and shall instead be subject to progressively increasing fines according to the foregoing schedule. Each day that a violation continues shall be deemed a separate offense., in place of: “Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform a violation or unsafe condition, shall be subject to penalties as prescribed by law.” Section 1612.3. Insert: “Kent County” in place of, “[INSERT NAME OF JURISDICTION]” Section 1612.3 Insert: “May 5, 2003”,in place of, “[INSERT DATE OF ISSUANCE]” Section 3410.2. Insert: April 4, 1984 in place of [DATE TO BE INSERTED BY THE JURISDICTION. NOTE: IT IS RECOMMENDED THAT THIS DATE COINCIDE WITH THE EFFECTIVE DATE OF BUILDING CODES WITHIN THE JURISDICTION]. (b) International Residential Code Adopted. That certain documents, three (3) copies of which are on file in the Department of Planning and Inspections in the City of Dover, being marked and designated as the International Residential Code, as published by the International Code Council, be and is hereby adopted as the code of the City of Dover for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of building, mechanical, plumbing and electrical systems in the City of Dover and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Residential Code, as referenced in the Building Code adopted in 5-16 (a), published by the International Code Council, on file in the office of the City of Dover are hereby referred to, adopted and made a part hereof as if fully set out in this section. The following sections of the International Residential Code are hereby revised:

Final Reading - April 11, 2005 Chapter 5 - Buildings & Building Regulations, Chapter 7 - Fire Prevention & Protection Chapter 10 - Housing & Property Maintenance Page 3 Section 101.1 Title. Insert “City of Dover, DE” in place of “[NAME OF JURISDICTION]” Section 105.2. Work exempt from permit. Modify as follows: Building: 1. One story detached accessory structures, provided the floor area does not exceed 200 24 square feet (18.58 2.23 m²). 2. Fences not over 6 feet (1829mm) high. 3. Retaining walls that are not over 4 feet (1219mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge. 1. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons (18927 L) and the ratio of height to diameter or width does not exceed 2 to 1. 5. 2. Sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade and not over any basement or story below. 6. 3. Painting, papering, tiling, carpeting, cabinets, countertops and similar finish work. 7. 4. Prefabricated swimming pools that are less than 24 inches (610 mm) deep. 8. 5. Swings and other playground equipment accessory to a one or two-family dwelling. 9. 6. Window awnings supported by an exterior wall which do not project more than 54 inches (1372 mm) from the exterior wall and do not require additional support. SECTION R106 CONSTRUCTION DOCUMENTS R106.1 Submittal documents. Construction documents, special inspection and structural observation programs, and other data shall be submitted in one or more two sets, with each application for a permit. The construction documents shall be prepared by a registered design professional where required by the statues of the jurisdiction in which the project is to be constructed. Where special conditions exist, the building official is authorized to require additional construction documents to be prepared by a registered design professional. SECTION R108 FEES R108.2 Schedule of permit fees. Insert: “see Section 5-21 Fees for permits”, in place of, “in accordance with the schedule as established by the applicable governing authority”. SECTION R112 BOARD OF APPEALS Delete Section in its entirety. SECTION R113 VIOLATIONS Section R113.4 Violation Penalties. Insert: “See Section 5-16 (a) Section 113.4 Violation Penalties In place of: “Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who erects, constructs, places, alters, repairs, a building or structure in violation of the approved construction documents or directive of the building inspector, or of a permit or certificate issued under the provisions of this code, shall be subject to penalties as prescribed by law.

Final Reading - April 11, 2005 Chapter 5 - Buildings & Building Regulations, Chapter 7 - Fire Prevention & Protection Chapter 10 - Housing & Property Maintenance Page 4 SECTION R114 STOP WORK ORDER Section R114.3 Unlawful continuance. Insert: See Section 5-16 (a) International Building Code, Section 114.3 Unlawful continuance, in place of: “Any person who shall continue any work after having been served with a stop work order, except such work as that person is directed to perform a violation or unsafe condition, shall be subject to penalties as prescribed by law.” TABLE R301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA ICE SEISM IC SU BJECT TO D AM AGE FRO M SH IELD GRO U ND W IN D DESIGN Frost W IN TER UN DER- AIR M EAN SN O W SPEED CATEGO R line DESIGN LAY M EN T FLO O D FREEZIN G ANN UAL LOAD (m ph) Y W eathering depth Term ite D ecay TEM P REQ U IRED H AZARD S IN D EX TEM P 95 Gust 77 M oderate Slight to M ay 5, 25 Fastest A Severe 24” to H eavy M oderate 14º NO 2003 450 55º CHAPTER 4 FOUNDATIONS SECTION R403 FOOTINGS R403.1.1 Minimum size. Minimum sizes for concrete and masonry footings shall be as set forth in Table R403.1 and Figure R403.1(1). The footing width, W, shall be based on the load-bearing value of the soil in accordance with Table 401.4.1. Spread footings shall be at least 6 inches in thickness. Footing projections, P, shall be at least 2 inches and shall not exceed the thickness of the footing. The minimum thickness of a footing shall be the nominal width of the wall but not less than 8 inches. The nominal width of the footings shall be twice the nominal thickness of the wall. Two story sections of a building shall have a minimum footing width of 24 inches and a minimum footing depth of 10 inches. The size of footings supporting piers and columns shall be based on the tributary load and allowable pressure in accordance with Table 401.4.1.,but in all cases shall be a minimum of 24 inches x 24 inches x 12 inches deep. Footings for wood foundations shall be in accordance with the details set forth in Section R403.2, and Figures R403.1(2) and R403.1(3). R403.1.2 Continuous footings in Seismic Design Categories D1 and D2. Delete in its entirety and Insert: R403.1.2 Footing reinforcement. Footings shall be reinforced with a minimum of two #4 rebar wired together with a minimum 15” overlap; pier footings with a minimum of two #4 rebar wired together in two directions, and column footings with three #4 rebar wired together in two directions. R403.1.3 Seismic reinforcing. Delete in its entirety R403.1.4 Minimum Depth. All exterior footings shall be placed at least 12 24 inches below the undisturbed ground. Where applicable, the depth of the footings shall also conform to Sections R403.1.4.1 through R403.1.4.2.

Final Reading - April 11, 2005 Chapter 5 - Buildings & Building Regulations, Chapter 7 - Fire Prevention & Protection Chapter 10 - Housing & Property Maintenance Page 5 403.1.4.1 Frost protection. Exceptions: 2. Freestanding residential accessory structures with an area of 400 240 square feet or less and an eave height of 10 feet or less, except for pole buildings and garages, shall not be required to be protected provided that they are leveled and secured 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. 3. Decks not supported by a dwelling need not be provided with footings that extend below the frost line. Single story supported in part by a dwelling and with 4” x 4” posts shall have footings that are a minimum of 8 inches in diameter; with 6” x 6” posts a minimum of 12” diameter is required; the bottom of all such footings shall be a minimum of 24” below finished grade and be at least 6” deep. ADOPTED: * BE IT FURTHER ORDAINED that Chapter 5 - Buildings and Building Regulations, Article III - Electrical Installations, Section 5-31 - Electrical Code Adopted, be amended by striking "being particularly the 1990 edition thereof, of which not less than three (3) copies have been and now are filed in the office of the building inspector." ADOPTED: * BE IT FURTHER ORDAINED that Chapter 5 - Buildings and Building Regulations, Article IV - Mechanical Code, Section 5-56 - Adopted, be amended to read as follows: ARTICLE IV. MECHANICAL CODE Sec. 5-56. Adopted. (a) That certain documents, three (3) copies of which are on file in the office of the department of inspections and the City of Dover, being marked and designated as the International Mechanical Code, including Appendix Chapter "A", as referenced in the Building Code adopted in 5-16 (a), published by the International Code Council, be and is hereby adopted as the code of the City of Dover for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of mechanical systems in the City of Dover and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Mechanical Code, as referenced in the Building Code adopted in 5-16 (a), published by the International Code Council, on file in the office of the City of Dover are hereby referred to, adopted and made a part hereof as if fully set out in this section. The following sections of the International Mechanical Code are hereby revised:

Final Reading - April 11, 2005 Chapter 5 - Buildings & Building Regulations, Chapter 7 - Fire Prevention & Protection Chapter 10 - Housing & Property Maintenance Page 6 Section 101.1 Title. Insert "City of Dover, DE" in place of "[NAME OF JURISDICTION]" 106.5.2 Fee Schedule. Insert: "See Section 5.61 Heating, air conditioning, and heat pump permit fees", in place of, The fees for all mechanical work shall be as indicated in the following schedule: [JURISDICTION TO INSERT APPROPRIATE SCHEDULE]". Section 106.5.3 Fee refunds. Delete in its entirety. SECTION 108 VIOLATIONS Section 108.4 Violation Penalties. Insert: "See Section 5-16 (a) International Building Code Section 113.4, Violation Penalties" In place of: Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alters, or repair, a plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT], or by imprisonment not exceeding thirty (30) days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 108.5 Stop work orders. Insert: "See Section 5-16 (a) International Building Code, Section 114.3 Unlawful continuance", in place of: Upon notice from the code official that mechanical work is being done contrary to the provisions of this code or in a dangerous and unsafe manner such work shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner's agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency exists, the code official shall not be required to give a written notice prior to stopping work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be charged with a violation of this section and shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars 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. ADOPTED: *

Final Reading - April 11, 2005 Chapter 5 - Buildings & Building Regulations, Chapter 7 - Fire Prevention & Protection Chapter 10 - Housing & Property Maintenance Page 7 BE IT FURTHER ORDAINED that Chapter 5 - Buildings and Building Regulations, Article V - Plumbing Code, Section 5-71 - Adopted, be amended to read as follows: ARTICLE V. PLUMBING CODE Sec. 5-71. Adopted. (a) That certain documents, three (3) copies of which are on file in the office of the department of planning and inspections in the City of Dover, being marked and designated as International Plumbing Code, including Appendix Chapters B, C, D, E, F, G, as referenced in the Building Code adopted in 5-16 (a), published by the International Code Council, be and is hereby adopted as the code of the City of Dover for regulating the design, construction, quality of materials, erection, installation, alteration, repair, location, relocation, replacement, addition to, use or maintenance of plumbing systems in the City of Dover and providing for the issuance of permits and collection of fees therefore; and each and all of the regulations, provisions, conditions and terms of such International Plumbing Code, as referenced in the Building Code adopted in 5-16 (a), published by the International Code Council, on file in the office of the City of Dover are hereby referred to, adopted and made a part hereof as if fully set out in this section. The following sections are hereby revised: Section 101.1 Title. Insert “City of Dover, DE” in place of “[NAME OF JURISDICTION]” Section 106.6.2 Fee Schedule. Insert: “See Section 5.75 Permit Fees”, in place of, “The fees for all plumbing work shall be as indicated in the following schedule: [JURISDICTION TO INSERT APPROPRIATE SCHEDULE]”. Section 106.6.3 Fee refunds. Delete in its entirety. Section 108.4 Violation Penalties. Insert: “See Section 5-16 (a) International Building Code Section 113.4, Violation Penalties”, In place of: Any person who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alters, or repair, a plumbing work in violation of the approved construction documents or directive of the code official, or of a permit or certificate issued under the provisions of this code, shall be guilty of a [SPECIFY OFFENSE], punishable by a fine of not more than [AMOUNT] dollars or by imprisonment not exceeding [NUMBER OF DAYS], or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 108.5 Stop work orders. Insert: “See Section 5-16 (a) International Building Code, Section 114.3 Unlawful continuance”, in place of: Upon notice from the code official, work on any plumbing system that is being done contrary to the provisions of this code or in a dangerous and unsafe manner shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to the owner’s agent, or to the person doing the work. The notice shall state the conditions under which work is authorized to resume. Where an emergency

Final Reading - April 11, 2005 Chapter 5 - Buildings & Building Regulations, Chapter 7 - Fire Prevention & Protection Chapter 10 - Housing & Property Maintenance Page 8 exists, the code official shall not be required to give a written notice prior to stopping work. Any person who shall continue any work in or about the structure after having been served with a stop work order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be charged with a violation of this section and shall be liable to a fine of not less than [AMOUNT] dollars or more than [AMOUNT] dollars (b) That if any section, subsection, sentences, clause or phrase of this section is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this section. The city council hereby declares that it would have passed the ordinance from which this section derives, and each section, subsection, clause and phrase therefore, irrespective of the fact that any one (1) or more sections, subsections, sentences, clauses and phrases be declared unconstitutional. ADOPTED: * ITEM 10 b-2 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 7 - Fire Prevention and Protection, Article III - Fire Prevention Code, Section 7-56 - Adopted, be amended to read as follows: Sec-7-56 Adopted (a) International Fire Code adopted. A certain document, three (3) copies of which are on file in the office of the department of planning of the City of Dover, being marked and designated as "International Fire Code, 2003 Edition," as published by the International Code Council, be and is hereby adopted as the Fire Prevention Code of the City of Dover in the State of Delaware; for the control of buildings, structures and premises as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said International Fire Code, are hereby referred to, adopted and made part hereof as if fully set out in this section, with additions, insertions, deletions and changes as follows: Section 101.1 Insert "City of Dover", in place of [NAME OF JURIDICTION]. Delete in their entirety: Sections 105.6 Required operational permits., through 105.7.12 Temporary membrane structures, tents, and canopies. (b) National Fire Codes adopted. There is hereby adopted the most recently published edition of the National Fire Prevention Association's (NFPA) National Fire Codes (excluding NFPA Codes 11C, 13E, 402M, -41s, 422, 424M-473, 901-906, 1001-1041, 1201-1410, 1452-1999, 5000), three (3) copies of which are on file in the office of the fire marshal.

Final Reading - April 11, 2005 Chapter 5 - Buildings & Building Regulations, Chapter 7 - Fire Prevention & Protection Chapter 10 - Housing & Property Maintenance Page 9 (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). ADOPTED: * ITEM 10 b-3 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 10 - Housing and Property Maintenance, Article I - In General, Section 10-1 Property Maintenance Code adopted, be amended to read as follows: ARTICLE I. IN GENERAL* Sec. 10-1. Property maintenance code adopted. (a) That a certain document, three (3) copies of which are on file in the office of the department of planning and inspections of the City of Dover, being marked and designated as "The International Property Maintenance Code, 2003" as published by the International Code Council, be and is hereby adopted as the Property Maintenance Code of the City of Dover, in the State of Delaware; for the control of buildings and structures as herein provided; and each and all of the regulations, provisions, penalties, conditions and terms of said property maintenance code are hereby referred to, adopted, and made a part hereof, as if fully set out in this section, with the following additions, insertions, deletions and changes: Section 101.1 Title. Insert “City of Dover, DE” in place of “[NAME OF JURISDICTION]” SECTION 111 MEANS OF APPEAL Delete Section in its entirety. Section 304.14 Insect screens. Insert: "March 1st to November 30th" in place of "[date] to [date]". Section 602.3 Heat supply. Insert: "September 15th to May 1st" in place of "[date] to [date]". Section 602.4. Occupiable work spaces. Insert: "September 15th to May 1st" in place of "[date] to [date]".

Final Reading - April 11, 2005 Chapter 5 - Buildings & Building Regulations, Chapter 7 - Fire Prevention & Protection Chapter 10 - Housing & Property Maintenance Page 10 (b) It shall be unlawful for any person to violate any of the provisions of the publication adopted in subsection (a). ADOPTED: *

FINAL READING - REVISED BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That the Dover Code be amended by deleting Chapter 4.5 in its entirety and inserting in lieu thereof the following: Chapter 4.5 BICYCLES AND OTHER SIMILAR HUMAN-POWERED VEHICLES Sec. 4.5-1. Regulations. The operation and use of bicycles and other similar human-powered vehicles (including, but not limited to bicycles, scooters, skateboards, rollerblades, rollerskates, and the like) - excluding wheel chairs and other devices used for handicapped transportation - will be governed by this Chapter and the motor vehicle laws of the State of Delaware {Title 21, Chapter 41, Subchapter XII}. Sec. 4.5-2. Bicycle Registration. The police department is hereby authorized to register bicycles upon written application. Such registration is encouraged and will be maintained by the police department for identification purposes. Such registration shall also entitle the operation of the bicycle in the city. Sec. 4.5-3. Impoundment of unlicensed Abandoned bicycles. The police force may impound any bicycle operated in violation of section 4.5-1 and retain possession thereof until a license is obtained by the owner of the bicycle. Should the police force retain possession for more than sixty (60) days of a bicycle that has been stolen, abandoned, unclaimed, used in the commission of a crime, or in cases where the operator has been arrested, it the police force may dispose of said the bicycle. (Ord. of 2-22-82) Sec. 4.5-4. Bicycles and skateboards on sidewalks. The use and operation of bicycles and other similar human-power vehicles (including, but not limited to bicycles, scooters, skateboards, rollerblades, rollerskates, and the like) - excluding wheel chairs and other devices used for handicapped transportation - on sidewalks in the downtown shopping area is hereby prohibited. This section shall be enforced by the erection of appropriate signs in the downtown shopping area designating the areas where bicycles and other similar human-power vehicles may not be used. (Ord. of 10-22-79) Sec. 4.5-5. Penalties for violation. Any person who shall violate any of the sections of this chapter, or who shall fail to comply therewith, or with any of the requirements thereof, shall be subject to a fine not to exceed one hundred dollars ($100.00) and not less than ten dollars ($10.00). Fines not paid within fourteen (14) days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. (Ord. of 7-28-86; Ord. of 9-22-03) /jg S:\ClerksOffice\Ordinances\2005\Draft Ordinances\Bicycles - Section 4.5 Final Reading 04-11-05-REVISED.wpd