Council Minutes and Exhibits 1-2

REGULAR COUNCIL MEETING The Regular Council Meeting was held on September 24, 2018 at 7:30 p.m. with Council President Slavin presiding. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Lewis, Mr. Cole, Mr. Polce, Mr. Hare, and Mr. Lindell. Staff members present were Police Chief Mailey, Ms. Peddicord, Mr. Hudson, Mr. Hugg, Fire Chief Carey, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present (departed at 7:44 p.m.). OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Slavin declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. There was no one present wishing to speak during the Open Forum. The invocation was given by Bishop Thomas L. Holsey followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Mr. Neil moved for approval of the agenda, seconded by Mr. Lewis and unanimously carried. Mr. Lewis moved for approval of the consent agenda, seconded by Mr. Neil and carried by a unanimous roll call vote. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 10, 2018 The Minutes of the Regular Council Meeting of September 10, 2018 were unanimously approved by motion of Mr. Lewis, seconded by Mr. Neil and bore the written approval of Mayor Christiansen. PROCLAMATION - CYBER SECURITY AWARENESS MONTH The City Clerk read the following Proclamation into the record: WHEREAS, we recognize the vital role that technology has in our daily lives and in the future of the City of Dover. Today many citizens, schools, libraries, businesses, and other organizations use the Internet for a variety of tasks, including keeping in contact with family and friends, managing personal finances, performing research, enhancing education, and conducting business. Critical sectors are increasingly reliant on information systems to support financial services, energy, telecommunications, transportation, utilities, healthcare, and emergency response systems; and WHEREAS, Internet users and our information infrastructure face increasing threats of malicious cyber-attacks, invasion of privacy from spyware and adware, and significant financial and personal privacy loss due to identity theft and fraud; and WHEREAS, Delaware's DigiKnow Campaign is aimed at increasing the understanding of cyber threats and empowering the public to be safer and more secure online. Maintaining the security of cyberspace is a shared responsibility in which each of us has a critical role, and awareness of

CITY COUNCIL MEETING OF SEPTEMBER 24, 2018 PAGE 2 computer security essentials will improve the security of the City of Dover information infrastructure and economy. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim October 2018 as CYBER SECURITY AWARENESS MONTH in the City of Dover and urge all citizens to learn about cyber security and put that knowledge into practice. On behalf of the Mayor, Council, and the citizens of the City of Dover, Mayor Christiansen presented the proclamation to Mr. Andy Siegel, IT Director for the City of Dover, and his staff for their efforts in keeping the IT systems safe, sound, and secure. Mr. Siegel advised that the users are the weakest link in cybersecurity and he encouraged everyone to read the monthly newsletter on the IT department's webpage on the City of Dover website. He noted that it addresses different cybersecurity topics. PROCLAMATION - FIRE PREVENTION WEEK The City Clerk read the following Proclamation into the record: WHEREAS, the City of Dover is committed to ensuring the safety and security of all those living in and visiting our City, and fire is a serious public safety concern both locally and nationally. The 2018 Fire Prevention Week theme, "LOOK. LISTEN. LEARN. Be aware - fire can happen anywhere" effectively serves to remind residents to take personal steps to increase their safety from fire; and WHEREAS, homes are the locations where people are at greatest risk from a fire. It is vital for residents to identify places in their home where fires can start and eliminate those hazards, and have a planned and practiced home fire escape plan; and WHEREAS, working smoke alarms cut the risk of dying in reported home fires in half; therefore, residents should install smoke alarms in every sleeping room, outside each separate sleeping area, and on every level of the home. Residents should listen for the sound of the smoke alarm and it sounds, respond by going outside immediately to the designated meeting place. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim October 7 - 13, 2018 as FIRE PREVENTION WEEK in the City of Dover and urge all residents to be aware of their surroundings, look for available ways out in the event of a fire or other emergency, respond when the smoke alarm sounds by exiting the building immediately, and to support the many public safety activities and efforts of the City of Dover's fire emergency services. On behalf of the Mayor, Council, and the citizens of the City of Dover that Robbins Hose Company, Dover’s Volunteer Fire Department, serve on a daily basis, Mayor Christiansen presented the Proclamation to Fire Chief Carleton E. Carey, Jr. and commended he and the members of the department.

CITY COUNCIL MEETING OF SEPTEMBER 24, 2018 PAGE 3 Chief Carey advised that the schedule for Fire Prevention Week was almost full. He noted that they saw over 3,200 kids between preschool, kindergarten, and elementary schools the previous year. Chief Carey reminded everyone to change the batteries in their smoke detectors and stated that anyone who needed a smoke detector could stop at Station 1, 103 South Governors Avenue, to pick one up. PROCLAMATION - HALLOWEEN TRICK-OR-TREAT The City Clerk read the following Proclamation into the record: WHEREAS, the children of the City of Dover enjoy the fun and festivities associated with the observance of the Halloween Trick-or-Treat custom of emerging from their homes as ghosts, witches, princesses, cartoon characters, caped crusaders, or action heroes and traveling with friends and family door to door throughout the neighborhood to gather treats; and WHEREAS, parents are urged to join in the festivities by accompanying their children throughout their journeys in celebrating Halloween Trick-or-Treat and motorists are urged to drive with extra caution and to be ever watchful of our youngsters making their rounds; and WHEREAS, it is requested that residents indicate their willingness to welcome children by keeping their porch or exterior lights on and that youngsters call only on homes which are lighted. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim that the Halloween Trick or-Treat observance be held on the 31st day of October 2018, between the hours of 6:00 p.m. and 8:00 p.m. in the City of Dover and urge all residents, both young and old, to make this a happy and safe occasion for our children. PROCLAMATION - NATIONAL COMMUNITY PLANNING MONTH The City Clerk read the following Proclamation into the record: WHEREAS, change is constant in every community and affects all of us, and community planning can help manage change in a way that provides better choices for how people work and live. Community planning provides an opportunity for all residents to be involved in making choices that determine the future of their community and requires public officials and citizens who understand, support, and demand excellence in plan development and implementation; and WHEREAS, the American Planning Association and its professional institute, the American Institute of Certified Planners, endorse National Community Planning Month as an opportunity to highlight the contributions that sound planning and plan implementation make to the quality of our communities and environment; and WHEREAS, the 2018 National Community Planning Month theme, "Housing in Community Infrastructure," underscores the important role that planning plays in ensuring that all City of Dover residents have safe and affordable housing options which advance economic and social equity goals. Inclusive growth planning and polices in the City's Comprehensive Plan give residents a genuine stake in housing and development, while helping new residents access housing opportunities

CITY COUNCIL MEETING OF SEPTEMBER 24, 2018 PAGE 4 NOW THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim the month of October 2018 as NATIONAL COMMUNITY PLANNING MONTH in the City of Dover, and encourage all citizens to join me in recognizing the participation and dedication of the staff of the City of Dover Department of Planning and Inspections, members of the City of Dover Planning Commission and the valuable contributions made by other community and regional planners and our partner agencies at the State and County levels. We extend our heartfelt thanks for the continued commitment to public service by these professionals and private citizens. On behalf of the Mayor, Council, and the citizens of the City of Dover, Mayor Christiansen presented the proclamation to Mr. Dave Hugg, Director of Planning and Community Development, members of the Planning Staff, Mrs. Dawn Melson-Williams and Mr. Eddie Diaz, and Planning Commissioners Mr. Fred Tolbert, Chairman, Ms. Debbie Edwards, Mr. Tom Holt, Dr. Bobby Jones, and Ms. Andrea Maucher. Mr. Hugg advised that a great plan for a great city requires a great staff and a dedicated Planning Commission and they have all of those things in Dover. Mr. Tolbert stated that the planning staff was to be commended and he thanked City Council, the members of the staff and the Planning Commission for a wonderful job, noting that they are proud of the City of Dover and the City Council. PUBLIC HEARING/FINAL READING - STAFF SUBSTITUTE #1 (SS#1) TO PROPOSED ORDINANCE #2018-01 WITH PLANNING COMMISSION AMENDMENT #1 (PC#1) A public hearing was duly advertised for this time and place to consider approval of proposed amendments to Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities; Appendix B - Zoning, Article 3 - District Regulations, Section 8 - Manufactured Housing (MH) Zone; Appendix B - Zoning, Article 12 - Definitions; and Appendix F - Fees and Fines. Mr. Neil moved that the Final Reading of Proposed Ordinance #2018-01 be acknowledged by title only, seconded by Mr. Lewis and unanimously carried. (The First Reading of the ordinance was accomplished during the Council Meeting of February 26, 2018.) Mr. Dave Hugg, Director of Planning and Community Development, advised members that the text amendments would bring the Dover Code into compliance with Delaware Code relating to Manufactured Housing and Rental Housing, particularly Title 25, Chapters 53, 55, 70, and 71. He noted that the amendments include requirements for replacing and licensing manufactured homes, standards for management and maintenance of land lease communities, taxation and code enforcement. A distinction is also made between manufactured homes and placed manufactured houses in the zoning ordinance. Mr. Hugg reviewed the ordinance, noting that it was a much better ordinance now than when it was introduced in February and that it properly addresses this issue. He noted that the Planning Commission unanimously recommended adoption of the ordinance, with amendments.

CITY COUNCIL MEETING OF SEPTEMBER 24, 2018 PAGE 5 Mr. Anderson, noting that line 188, which deals with the Planning Commission amendments, states "Stormwater management facilities shall be maintained so as to be free of blockage and prevent accumulation of standing water that's not dissipated in 48 hours," asked if that was standard in other City ordinances and, if not, suggested stated that maybe it should be. Responding, Mr. Hugg stated that it is a provision that was adopted in 2016 and it is common to the development process throughout the City. Mr. Neil noted that the stormwater management facilities’ language is included in Del.C., Title 25, Chapter 70 for manufactured home communities on lease land. Mr. Anderson asked Mr. Hugg to explain what effect the Planning Commission amendments would have on management responsibility and delegation of maintenance duties. Responding, Mr. Hugg stated that there was some concern about the relationship between the residents of the land lease community and the management association, and whether some of those responsibilities could be delegated by management to the individual land lease community owner. He advised that the language is intended to clarify how that relationship would work and, particularly, that responsibilities cannot be delegated if it would violate state law. Mr. Neil advised that leases control aspects of the maintenance responsibilities for people who own their home but lease the land. In some communities, grass cutting may be part of it, and in other communities it may not be. He explained that it can be delegated to the individual home owner, depending on the terms of the lease. Mr. Neil stated that the overall maintenance of the community is controlled by state law. Council President Slavin declared the public hearing open. There being no one present wishing to speak, Council President Slavin declared the public hearing closed. Mr. Neil read the following statement: My comments are in reference to the Packets available to the public before the Council Session. I previously complimented Dave Hugg and Eddie Diaz on this update of Chapter 66. Since the City Council has final responsibility for the Ordinances, we do not appear before the Planning Commission. Misinformation can be a result. On Page 56 of Packet: Mr. Tolbert (Planning Commission member) stated that Wild Meadows has asked the State to put a cap on the lease payments that they can pay and he thinks that the State refused to do that and they have had their hands full with that battle. Not correct: Under Rent Justification, a Home Owners Association (HOA) or any individual, can request a hearing if the increase demanded is over the Consumer Price Index-Urban, which at the time was 0.7%, or a $3.62 per month increase. The arbitration request resulted when the new community owner requested 8% and a $40 per month increase. Keep in mind, that $107,000 additional are coming out in that increase, plus the actual rent payments from 223 homes of $1,458,420 annually. It leaves the community and the state and can't be spent in Dover businesses. After the arbitrator decides, the decision by either side can be appealed to the Superior Court and then the Supreme Court of Delaware.

CITY COUNCIL MEETING OF SEPTEMBER 24, 2018 PAGE 6 Responding to Mr. Tolbert, Michael Morton, who is the attorney for the community owner, stated that one of the "City Councilmen is a long term member of the community of Wild Meadows and has been an advocate for their issues in the legislature for many years. He would probably tell you that he was solely or significantly responsible for the imposition of rent justification in manufactured housing communities." I don't know whether to take this as a compliment or a defamation of character. As an old newsman, I stick to verifiable facts. However, I do take exception. I don't think my colleagues in this body or with the other advocates of equitable laws have ever heard me taking credit alone other than being a voice for what many other advocates have worked so hard to achieve. Unfortunately, that law needs revision. I presume, Mr. Morton thinks my role has been significant. On Page 60 of Morton's analysis of Title 25, Chapter 70, which he helped to write as President of the Community Owners Association, he cites Chapter 66-4, Sub-Paragraph ii, requiring a receipt for Lot Rent with §7015A, which does not contain any reference to receipts for these type of payments. Our law, Chapter 66, requires it. It's in there if you make a request. This means there is a void in the State law, therefore, this change does not conflict with the State Law. Does the City Charter permit this requirement to protect its citizens? So why don't the landlords want to give receipts that all citizens take for granted in all of our business dealings? Under State Law, if the landlord holds your rent check for 6 days, they can claim you paid late and hit you with a $25 late fee. With 4 late payments they can eject you from the community. Since you own the home, what then and at what cost? I think it's a terrific addition, and probably the only ordinance that basically protects people in lease land communities in the entire state. Thank you. Mr. Hare moved for approval of Planning Commission Amendment #1 (PC#1), seconded by Mr. Cole and unanimously carried. Mr. Hare moved for adoption of Staff Substitute #1 (SS#1) for Proposed Ordinance #2018-01, as amended by Planning Commission Amendment #1 (PC#1), as recommended by the Planning Commission. The motion was seconded by Mr. Anderson and, by a unanimous roll call vote, Council adopted Ordinance #2018-01 (Exhibit #1). ECONOMIC DEVELOPMENT COMMITTEE REPORT - JULY 11, 2018 The Economic Development Committee met on July 11, 2018 at 2:00 p.m. with Mayor Christiansen presiding. Members present were Mrs. Mitchell, Mr. Hugg, and Ms. Evans. Mr. Hare, Mr. Cole, and Mr. Hammond were absent. Staff members present were Mr. Eddie Diaz, Mrs. Tracey Harvey, Mr. Kirby Hudson, Mrs. Dawn Melson-Williams, and Mr. Julian Swierczek. Councilman Neil

CITY COUNCIL MEETING OF SEPTEMBER 24, 2018 PAGE 7 was also present. Others present were Mr. Jim McCulley, Watershed Eco, LLC and President of the Home Builders Association of Delaware, Mr. Phil McGinnis, McGinnis Commercial Real Estate Company and Chair of the Public Policy Committee for the Kent County Association of Realtors, Mr. Beau Zebley, President of the Kent County Association of Realtors, Ms. Rebecca Rothenberg, NCALL Consultant, and Mrs. Karen Speakman, NCALL Director. AGENDA ADDITIONS/DELETIONS Due to the lack of a quorum, the agenda was not adopted. Mayor Christiansen stated that the meeting would be informational only and no action would be required. Mayor Christiansen announced that no Economic Development Committee meetings would be held until September and, going forward, meetings would be scheduled for the Tuesday following the second Monday of the month from 5:00 p.m. to 6:00 p.m. Discussion with Kent County Association of Realtors and Delaware Homebuilders - Housing Trends and Expectations for Dover's Future Mr. Dave Hugg, Director of Planning and Community Development, advised that the City is in the process of updating the 2008 Comprehensive Plan, which addresses housing at length, and he invited representatives of the Kent County Association of Realtors and Delaware Homebuilders to discuss current issues related to housing, housing affordability, the housing market, housing trends, etc., and to speculate about the five- and ten-year outlook for housing in general. He explained that staff wants to make sure that, as they go through the planning process, they reflect what statistics indicate, as well as the input from those who build and sell houses. Mr. Hugg stated that their input is important to help staff understand how the market has evolved and continues to evolve, and what that might mean in terms of future development. Mr. Hugg stated that, prior to the meeting, he had provided everyone with a list of questions to guide the discussion. Those present discussed what they see happening in the Dover and greater Dover market. Mr. Phil McGinnis reviewed a handout entitled “Kent County Residential Stats,” noting that the statistics were from the Kent County multi-list system from the first quarter of 2015 through the second quarter of 2018. He noted that the data revealed that there was a decline at the end of 2017; however, it seemed to be climbing a little during the first half of 2018. Mr. McGinnis advised that the inventory represents the number of houses available for resale, not new construction. He stated that inventory is very low and the demand is high for entry level houses, which is the real crux of the problem. Mr. McGinnis stated that there is an oversupply of homes in the range of $350,000 and above, explaining that these were what was built when they were making a profit.

CITY COUNCIL MEETING OF SEPTEMBER 24, 2018 PAGE 8 Mr. McGinnis informed members that it is difficult for first-time home buyers because they are competing with investors who are flipping homes or just want to buy rental property. He stated that the first-time home buyers are also competing against each other for the same properties, which sell in a matter of hours if they are priced right because there just isn’t enough inventory. Ms. Evans asked if there just weren’t a lot of builders building entry level homes. Responding, Mr. McCulley noted that when he approached the executive committee, board of directors, and then the entire membership of the Home Builders Association of Delaware to try to find a builder who is building in Dover or interested in building to Dover to attend this meeting, everyone told him that they do not build in Dover and are not interested in building in Dover. In response to Mayor Christiansen, Mr. McCulley indicated that he did not know why but that he could go back and ask. Mrs. Speakman noted that Ryan Homes is building in Dover. Responding, Mr. McCulley stated that Ryan Homes is definitely the biggest builder in the state and is surpassing every other builder; however, he noted that they do not get involved in anything like this. Mr. McGinnis explained that builders do not want to build in Dover because they are not able to make a profit. He stated that credit availability is a problem, especially in Kent County and the City of Dover, and there are only new subdivisions coming through the pipelines in Sussex County. Mr. McGinnis explained that when a developer does come in and picks up 15 or 20 lots, which is the current norm, they can either pay cash or they can finance it. He stated that the bank will give them the money to build one (1) spec house and then they sell it and get money to build another spec house. Mr. McGinnis advised that the demographics and sales reports in the low $200,000 show that the margins aren’t good enough to carry the units. He stated that the home builders aren’t capable of putting in the infrastructure. Mr. McGinnis explained that once they have five (5) finished lots, they need somebody to get the approvals, fund and install the infrastructure, and then carry the finished lots, noting that carrying finished lots is completely different from carrying paper lots. Mr. Zebley stated that he represented the original owner that sold the Clearview Meadows property to Ryan Homes. He explained that Ryan Homes got quite a good deal to buy out the rest of the development because the original owner got it through foreclosure. Mr. Zebley noted that if Ryan Homes had not gotten such a good deal, they would have passed on it and the development would have continued to sit there selling one (1) or two (2) homes every six (6) months. He advised that someone has to make a profit each step along the way, and if there is no profit, there is no reason to build. He stated that it all comes down to jobs. Mr. McCulley advised that labor and regulation are the two (2) biggest concerns of the National Home Builders Association. He explained that Ryan Homes doesn't have a problem with labor because they are the biggest builder in the state and they have all the labor tied up; however, everyone else is struggling because of that. In

CITY COUNCIL MEETING OF SEPTEMBER 24, 2018 PAGE 9 regard to regulation, Mr. McCulley stated that a survey was done last year that revealed that more than 30% of the price of a new home is regulation and that number keeps increasing every year. He indicated that he thought that regulations and fees needed to be looked at in order to determine how to make it more affordable to purchase a lot, build a home, and sell it for a profit. Mr. McCulley noted that the difference between Ryan Homes and other builders is that Ryan Homes offers their buyers financing, so they can sell a house at zero profit because they are making their money on the financing. Mr. Neil noted that he had previously heard from builders that they are not getting people who are trained trade professions and it seemed to him that there was a disconnect with the local educational institutions. He stated that he thought that NCALL and Habitat for Humanity might be the biggest builders in the City and Kent County, through their efforts to demolish blights and build new homes in which people can become part of the community. Mrs. Speakman explained that NCALL subsidizes the cost. Mr. McCulley indicated that the Home Builders Association completed a project with St. Georges Technical High School students last year in which they built and raffled off high-end sheds. He explained that they brought together superintendents from builders in the Association, carpenters, HVAC technicians, electricians, etc. to work with the students. Mr. McCulley noted that the students had no idea that they could go into a home building type business after graduation, so this was an eye- opening experience for them. He stated that they were planning to work with St. George Technical High School and Habitat for Humanity to build homes in Middletown. Mr. McCulley advised that he thought that, from the labor side, they needed to start working with the voc-tech schools because the students need to know that there are careers available where they can make money. Ms. Evans suggested that they also work with Polytech High School. Responding to Mr. Hugg, Mr. McGinnis explained that from a cyclical standpoint the market in Kent County had been struggling since 2009 or 2010. He stated that the lack of credit availability and job growth were the main factors. Mr. McGinnis noted that if the credit availability would relax a little bit, they might see more houses being built, which would lead to more jobs, which would lead to more income. Mr. McCulley noted that he could not remember the last residential project he worked on in the City of Dover. He stated that you can get a plan approved in three (3) months in Middletown and it is booming. Mr. McCulley explained that Middletown is business friendly, and people are building places where people can work, which leads to building places for people to live, and then more places for people to work and shop and eat, etc. He suggested that the City of Dover review its approval process, whether they are perceived as being business friendly, and if there are jobs available.

CITY COUNCIL MEETING OF SEPTEMBER 24, 2018 PAGE 10 Mr. Neil noted that land availability is also a factor and asked how much land is available in the City of Dover. Mr. McGinnis stated that he did not know what the inventory for vacant land availability is in the City, but suggested that the City may need to look at expanding borders. Mr. Hugg noted that he thought that there was a reasonable inventory of unbuilt subdivisions, but not a lot of land for potential new subdivisions. Mr. McGinnis explained that even with “shovel ready” subdivisions, where the infrastructure is already in place and someone only needs to get a building permit, they still have to measure what the transaction activity will be before they can build, explaining that if it is a subdivision with $225,000 houses, someone can’t start building $350,000 units. Mr. Zebley explained that, whether it’s justified or not, the City has a reputation of being difficult to deal with and that is why builders say they will not build in Dover. He stated that it is important for the City to determine what is driving that perception, in order to change it. Responding, Mr. Hugg noted that the residential building permit process seemed to work pretty efficiently and quickly for Ryan Homes. He stated that he was not sure what the City could do to improve the process but was willing to take efforts to make improvements if someone would provide specific issues. Mr. Hugg asked what the demographics are for those who are buying houses in Dover and where they are coming from. Responding, Mr. Zebley stated that most of the buyers are retirees, who are no longer working and moving to Delaware to buy homes. Mr. McGinnis stated that the demographic had moved toward retirees, for whom it seemed big, expensive houses aren’t necessary. Mrs. Mitchell noted that a couple of candidates she had interviewed for jobs with the City indicated that they had retired from jobs in other states, were looking for a second career, and were interested in moving to Delaware because the cost of living, taxes, etc. are much lower. Mr. Zebley stated that everyone is competing for houses priced in the $210,000 to $215,000 range. He advised that credit is a huge issue and, based on his experience as a property manager, people are willing to pay 30% to 40% more than what the mortgage would be because they cannot buy a house. Mr. McGinnis indicated that the jobs that young people have today are not quality enough to enable them to save for the down payment and closing costs to buy a house. He stated that last session the legislators raised the transfer tax from 3% to 4% and admitted that real estate sales had declined as a result. He noted that legislators said they would decrease the transfer tax; however, they did not. Mr. McGinnis advised that most mortgages require a down payment of 10%, plus there is a 4% transfer tax, which is 40% of the equity requirement and does not include property surveys, inspections, etc. He stated that the equity cost to get into a new house with 10% down is approximately 17% to 18%. In response to Mrs. Mitchell, Mrs. Speakman advised that NCALL is not subsidizing what the owner’s equity and closing costs would have been, NCALL is able to reduce those costs. She stated that sometimes an owner will get a second mortgage for down payment assistance. Mrs. Speakman advised that NCALL had 275 closings

CITY COUNCIL MEETING OF SEPTEMBER 24, 2018 PAGE 11 last year for first time home buyers throughout the state, with approximately 60% in Kent County. She stated that the need is for houses between $150,000 and $200,000. Mrs. Harvey noted that she had noticed a trend for energy efficient “green” houses, that are a very simple box style design, and asked if that was going to continue. Responding, Mr. McCulley advised that Delaware was currently in negotiations to try to boost the energy code, which would make it more expensive to build a house because it would have to be more energy efficient and that would change the design. He explained that in order to meet the new energy standards, a lot of builders are going to more boxy houses with less windows. Mr. Hugg noted that one of the reasons that Ryan Homes is so successful is that they only have a few models for home buyers to choose from. He expressed concern with defaulting to a basic model for every house, explaining that, while they will all meet the current standards and codes, every house will look the same and they will lose individual character. Mr. Zebley noted that allowing mixed use, like he has seen in Middletown and Sussex County, would provide flexibility and higher density. Mr. Hugg advised that the City has the capability to do traditional neighborhoods, which encourage a mix of density and types; however, currently, there are not any builders willing to do this. Mr. McGinnis noted that approximately three (3) or four (4) years ago, the City added residential uses to the commercial districts to allow mixed use; however, he noted that builders are not interested in 10 units. In response to Mr. Zebley, Mrs. Melson-Williams explained that the approval process for a new subdivision depends on the project, noting that there are many variables, such as if it’s a City or Delaware Department of Transportation (DelDOT) street, the infrastructure design, etc. She stated that they have had green build projects get through the Planning Commission process and ready to pull permits in less than six (6) months. Mr. Swierczek noted that he had worked for the City for a little more than one (1) year and had received calls from applicants regarding the status of a few project applications which he reviewed. He explained that in all of those cases, the applications were being held up by other agencies, like DelDOT; however, since the City is the main point of contact, applicants contact the City. Mr. Zebley asked how other communities had streamlined the DelDOT process. Mrs. Speakman noted that she thought there were more DelDOT roads within the City of Dover than other communities, like Middletown. Mayor Christiansen advised that years ago, one of the concessions that the City made, by virtue of being the capital of the state, was to concede street maintenance and construction for many of the streets to the State of Delaware. He indicated that, as a member of the Kent Economic Partnership (KEP), he knew that this problem was not isolated to the City of Dover. Mayor Christiansen stated that the KEP viewed this issue as a detriment to housing and industrial development in Kent County, and they had talked to Secretary Cohan about it and she is working to change the culture at DelDOT. Mr. McGinnis recalled a previous discussion regarding a mixed use building at the plaza with commercial spaces on the bottom and apartments above it. He stated that he loved that idea, explaining that if downtown is going to prosper, it needs people

CITY COUNCIL MEETING OF SEPTEMBER 24, 2018 PAGE 12 to live, work, and shop there. Mr. McGinnis noted that many places had created little town centers but he was unsure whether the City had the land for this type of development. Mr. McGinnis stated that he had talked to a number of people in the business community who commented that they love what Mr. Hugg had done in turning around his department, but he was not sure why the message that the City is open for business and willing to work with people had not spread to the development community. Mr. Hugg credited his predecessors and staff who had worked for the City for awhile, noting that he did not think that the City was ever as predisposed to saying no as people say. He stated that there had been some improvements in regard to up-front communication and working together during the last year; however, he indicated that the process cannot go faster due to Planning Commission meeting schedules and hearings that must be held. Mr. McGinnis noted that there are a lot of things that applicants have to do as part of the process; however, if they do them, they don’t have to redo them. He indicated that regulation is part of the process and during previous years when there was a lot of construction there was a long wait because of the volume of applications. Mr. McGinnis noted that as construction increased, so did regulations; however, he indicated that people didn’t feel that the regulations were always applied fairly and, as a result of those previous experiences, they don’t want to come back now. Mr. Hudson asked what the City was doing to attract people to move to the City of Dover. Responding, Mr. McGinnis explained that the major employment opportunities are in New Castle County but Route 1 allowed people to move further south and still commute north. He indicated that people were attracted to Middletown and Smyrna because a $400,000 house in New Castle could be purchased for $300,000 in Middletown or $250,000 in Smyrna. Mr. Hugg noted that the meeting was scheduled to adjourn at 3:00 p.m. and asked for final comments from those in attendance. In response, Mr. McCulley stated that he thought that flexibility and density were important topics for the City to consider. He also noted that it was important for the City to review the length of time and flexibility of the approval process, as well as how much it would cost a builder to complete the process and what the certainty would be. Mr. McGinnis stated that he thought that minimizing and consolidating regulations was the most important. Mr. Zebley indicated that he agreed that the most important issues related to regulations, and suggested that the City try to minimize time frames and increase density. He stated that he thought that the City needs to make it known that Dover is open for business in order to attract employers, employees, and builders, noting that economics and development are all tied together. Ms. Rothenberg asked how the regulations in Dover differed from other area. Responding, Mr. McGinnis noted that Kent County has different building and construction codes than the City of Dover. Mr. McCulley indicated that continuous code changes cause problems for builders because it costs them money, so they

CITY COUNCIL MEETING OF SEPTEMBER 24, 2018 PAGE 13 would rather work in places that adopt new codes every three (3) to five (5) years, instead of every year. Mrs. Speakman suggested that the City meet with local builders, as well as local banks. She noted that, in regard to credit availability, local banks may be able to provide some deal within the City. Mrs. Speakman stated that NCALL has a loan fund of more than $30M and participates with banks all the time, and suggested that there could be a special project for affordable housing or mixed use that they could help build through their loan fund. In response to Mrs. Speakman, Mr. McGinnis noted that development loans are governed by the federal government so you have to conform to federal regulations. Mr. Hugg invited everyone to complete the survey associated with the Comprehensive Plan update, noting that approximately 300 responses had been received. He also encouraged everyone to send him any suggestions or comments in regard to improvements that can be made. By consent agenda, Mr. Lewis moved for acceptance of the Economic Development Committee Report, seconded by Mr. Neil and carried by a unanimous roll call vote. COUNCIL COMMITTEE OF THE WHOLE REPORT - SEPTEMBER 11, 2018 The Council Committee of the Whole met on September 11, 2018 at 6:00 p.m., with Council President Slavin presiding. Members of Council present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Polce, Mr. Hare, and Mr. Lindell. Mr. Lewis was absent. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mrs. Doyle (Utility), and Mr. Shevock (Legislative, Finance, and Administration). Ms. Scarborough (Utility), and Dr. Stewart (Legislative, Finance, and Administration) were absent. UTILITY COMMITTEE The Utility Committee met with Chairman Cole presiding. Mrs. Donna Mitchell, City Manager, introduced the City’s new Electric Director, Mr. James “Jim” Robinson. Mr. Cole welcomed Mr. Robinson, and expressed his appreciation to Mrs. Mitchell and the staff involved in the hiring process. Evaluation of Bids - FY18 Inflow and Infiltration Relining Project Mrs. Donna Mitchell, City Manager, reviewed the background and analysis regarding the evaluation of bids for the FY18 Inflow and Infiltration Relining Project. Staff recommended approval of the low bid submitted by Standard Pipe Services, LLC in the amount of $101,665 for the relining of 792 linear feet of 8" sanitary sewer main, 349 linear feet of 12" sanitary sewer main, and 38 point repairs. The

CITY COUNCIL MEETING OF SEPTEMBER 24, 2018 PAGE 14 work will be accomplished in the Fox Hall, Downtown Dover, and Wesley College areas. Mr. Neil asked how long the relining process was estimated to take. In response, Mrs. Mitchell noted that the project timetable indicated that substantial completion is to be achieved within 60 calendar days, however, she would ask staff for a more definitive date. Mr. Anderson noted that he was in favor of this project and bid. He asked whether the City had looked at lining water pipes that are affected by brown water in recent years. Responding, Mrs. Mitchell stated that she would ask staff and provide members with that information. Mr. Anderson stated that he thought that it had been a few years since the City had relined water pipes and that it could be a cost-effective alternative to pipe replacement in some areas. (City Clerk’s Office Note: Subsequent to the Council Committee of the Whole/Utility meeting of September 11, 2018, members were provided an email response from Mr. Jason Lyon, P.E., Water/Wastewater Manager, Public Works Department, dated September 12, 2018, explaining that relining water mains is a valid method of rehabilitating the City’s water mains, however, a majority of the older mains are undersized. He advised that the City’s minimum requirement of water main size, in order to provide ample fire protection, is 8"; however, most of the lines that the City is replacing are 4", so relining a 4" main would not be an efficient / economic option. Mr. Lyon noted that, in the future, when all lines are of the proper size this would be a fantastic option.) The Committee recommended approval of staff’s recommendation of the low bid submitted by Standard Pipe Services, LLC in the amount of $101,665 for the relining of 792 linear feet of 8" sanitary sewer main, 349 linear feet of 12" sanitary sewer main, and 38 point repairs. The work will be accomplished in the Fox Hall, Downtown Dover, and Wesley College areas. By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation, seconded by Mr. Neil and carried by a unanimous roll call vote. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Hare presiding. FY18 Edward Byrne Justice Assistance Grant Program - Joint Grant with Smyrna Police Department and Kent County Police Chief Marvin Mailey, Dover Police Department, reviewed the background regarding the FY18 Edward Byrne Justice Assistance Grant Program. Staff recommended approval of the grant project, as requested. The Committee recommended approval of staff’s recommendation.

CITY COUNCIL MEETING OF SEPTEMBER 24, 2018 PAGE 15 By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation, seconded by Mr. Neil and carried by a unanimous roll call vote. FY 19 Grant - Fund to Combat Violent Crime Police Chief Marvin Mailey, Dover Police Department, reviewed the background regarding the FY19 Grant for the Fund to Combat Violent Crime Program. Staff recommended approval of the grant and the intended purchases. In response to Mr. Shevock regarding the Taser upgrade, Chief Mailey explained that Axon is phasing out the current Taser model, so the Department has been doing a rolling upgrade over the last couple of years, to stay ahead of the curve. He advised that all of the street officers have newer Tasers. Chief Mailey noted that the older model will still do the job, however, Axon will not cover the maintenance costs. Mr. Lindell noted that Chief Mailey stated that the extra-duty foot patrols would be focused on high-crime areas and asked if this would include looking at issues as they happen, such as the vandalism and thefts that occurred in Bicentennial Village during the summer. Responding, Chief Mailey stated that the Department utilizes crime analysis to help dictate where they place the patrols; however, if they see a neighborhood that is experiencing a crisis, then they always shift manpower and patrol units to that neighborhood. He noted that they are not only driven by the data, explaining that the Department is reactive to what they see happening in the neighborhoods and the Community Policing officers attend neighborhood meetings, so they hear what’s going on and the Department tries to address the issues in realtime. In response to Mr. Polce, Chief Mailey advised that the Police Department shares a significant amount of crime trends with the Delaware Information and Analysis Center (DIAC), however, the Department’s Crime Analyst/Accreditation Manager, Retired Captain Robert Scott, analyzes the data in-house. Chief Mailey explained that the Department has biweekly crime analysis meetings with staff and supervisors to discuss what’s going on in the City and how to address it. He stated that staff is tasked with problems, they come up with solutions, and then they evaluate the results. If the results don’t pass a standard, then they revisit it and make adjustments until the desired result is achieved. The Committee recommended approval of the grant and the intended purchases, as recommended by staff. By consent agenda, Mr. Lewis moved for approval of the Committee’s recommendation, seconded by Mr. Neil and carried by a unanimous roll call vote. By consent agenda, Mr. Lewis moved for acceptance of the Council Committee of the Whole Report, seconded by Mr. Neil and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF SEPTEMBER 24, 2018 PAGE 16 APPOINTMENT OF DELAWARE MUNICIPAL ELECTRIC CORPORATION (DEMEC) ALTERNATE DIRECTOR (JAMES S. ROBINSON) By consent agenda, Mr. Lewis moved to appoint Mr. James S. Robinson to serve as Delaware Municipal Electric Corporation (DEMEC) Alternate Director. The motion was seconded by Mr. Neil and carried by a unanimous roll call vote. APPOINTMENT RECOMMENDED BY COUNCIL PRESIDENT SLAVIN - ECONOMIC DEVELOPMENT COMMITTEE - KIM I. ADAMS (TO FILL THE EXPIRED TERM OF KISHOR C. SHETH - TERM TO EXPIRE MAY 2019) Council President Slavin recommended the appointment of Ms. Kim I. Adams to serve on the Economic Development Committee for a term to expire May 2019 (to fill the expired term of Mr. Kishor C. Sheth). By consent agenda, Mr. Lewis moved for approval of the appointment of Ms. Adams, as recommended by Council President Slavin. The motion was seconded by Mr. Neil and carried by a unanimous roll call vote. REAPPOINTMENT RECOMMENDED BY MAYOR CHRISTIANSEN - SILVER LAKE COMMISSION - JAMES A. BURCHAM - ONE-YEAR TERM TO EXPIRE MAY 2019 Mayor Christiansen requested the reappointment of James A. Burcham to the Silver Lake Commission for a one-year term to expire May 2019. By consent agenda, Mr. Lewis moved for approval of the reappointment of Mr. Burcham, as recommended by Mayor Christiansen. The motion was seconded by Mr. Neil and carried by a unanimous roll call vote. REQUEST OF MR. AND MRS. ROBERT DUNCAN FOR A ZONING ORDINANCE AMENDMENT OR SIMILAR ACTION TO ALLOW FOR A RESIDENTIAL USE WITHIN THE DUNCAN CENTER BUILDING (ZONED IO) Mr. Dave Hugg, Director of Planning and Community Development, advised members that the Duncan Center opened in 2004 and, at that time or shortly thereafter, a portion of the basement of the building that was used by the Norfolk Southern Railroad crew, principally as a crew work area and break room. He stated that it was never actually approved as a residence nor used in that manner on a regular basis. Mr. Hugg explained that, at some point, Norfolk Southern abandoned the use of that facility and, sometime thereafter, the Duncans moved an individual into that space, in their words, “to provide security and maintenance and general oversight of the building.” Mr. Hugg informed members that staff recently received a complaint from a tenant of the building that this use was inappropriate and not authorized by the zoning ordinance, and expressed concern regarding the security of their own spaces. He stated that this complaint resulted in enforcement action led by the Fire Marshal and Chief Building Inspector. Mr. Hugg advised that staff determined that there was a violation of the zoning ordinance, explaining that the Code does not permit a residential use within any property zoned IO (Institutional and Office). Mr. Hugg stated that Mr. and Mrs. Duncan requested that this issue be considered by the Board of Adjustment, as the appropriate body to hear a use variance request. He explained that a use variance is a request to permit a use of a property that is not authorized by the zoning ordinance. Mr. Hugg

CITY COUNCIL MEETING OF SEPTEMBER 24, 2018 PAGE 17 informed members that Mr. and Mrs. Duncan were advised that the staff does not support creating an exception or creating a provision to allow a residential use in the IO Zone, in part, because of the various kinds of uses and activities that are specified in that zone. He stated that this matter was considered by the Board of Adjustment, and the Board ruled against the owner and upheld staff action, which would result in the occupant vacating the space. Mr. Hugg advised that staff had granted a 30-day grace period so that provisions could be made for the relocation of the occupant and vacation of the facilities. Mr. Hugg informed members that there had been a number of discussions regarding what approach could be used to allow this kind of activity to occur and staff has indicated that allowing a residential use is not something staff would support because the IO zoning district is primarily institutional, and an office includes such uses as business and professional government offices, banks, research design and development laboratories, hospitals, medical clinics, libraries, police stations, court houses, transit centers, schools, colleges, etc. He noted that there was an amendment to the City Code in 2014 which allowed some residential uses in commercial districts; however, to his knowledge, the IO zoning district never permitted this kind of activity. Mr. Hugg stated that Mr. Duncan had asked if there was some action that could be brought to Council for consideration, perhaps with the drafting of an amendment or conditional-use provision. He informed members that, in order for that to occur, staff would have to be instructed by Council to take that action and bring forth an ordinance amendment. He explained that an ordinance amendment would go through the normal process, which he estimated would conclude in February or March 2019. Mr. Hugg stated that if Council decides that a conditional use provision should be added to the IO zoning district, then the conditional use request would have to go back to the Planning Commission for consideration. He advised that, even in those circumstances, he could not guarantee that the Planning Commission would authorize a conditional use, nor that the space involved would meet appropriate life safety and housing code provisions. Mr. Hugg stated that there is a big difference between an area used as an occasional office and break room, and an area used for a residence, explaining that there are fire code differences and building code issues that would need to be addressed. Mr. Hugg informed members that the City had received correspondence from the Federal Bureau of Investigation (FBI), the primary tenant in the Duncan Center, expressing concern and requesting that the City not allow a residential activity to occur. Mr. Anderson asked if emergency shelters and transitional housing were allowed as a primary use in the IO Zone. He asked if a homeless shelter would be permitted in the Duncan Center, but not one person to provide maintenance and security, noting that it is an area that has several mixed-use facilities. In response, Mr. Hugg stated that Mr. Anderson was correct, noting that the other uses that are allowed are public utility rights-of-way, daycare centers, provided they are established in accordance with other regulations about daycare centers, and emergency shelters and transitional housing, as well as accessory uses such as clinics, cafeterias, and recreational facilities. He advised that even though those uses are allowed in the zoning district, the City would also need to look at the nature of the structure and how the use would fit within that structure. Mr. Hugg stated that there would most likely be fire and other life-safety concerns that would limit the ability for some of those uses in the Duncan Center.

CITY COUNCIL MEETING OF SEPTEMBER 24, 2018 PAGE 18 Mr. Hugg reviewed a map depicting the zoning in the immediate area of the Duncan Center (Exhibit #2), in response to a request received from Mr. Anderson. Mr. Hugg stated that the zoning in the area is a mix of IO and commercial. He advised that the Duncan Center is zoned IO, there is property south of the Duncan Center that is also zoned IO, as well as some property in the general vicinity of New Street and Bank Lane. Mr. Hugg stated that the majority of the property in the general area is a commercial zoning consistent with the activities in downtown. He reminded members that the primary purpose of the IO Zone is institutional office uses, not residential. Mr. Anderson moved to refer this item to the Council Committee of the Whole/Legislative, Finance, and Administration Committee, seconded by Mr. Sudler. Mr. Hugg requested that if Council chooses to take action to extend the consideration of this item, that they also clearly authorize the continued use of the site by its current tenant until the matter is resolved or, alternatively, allow staff to enforce the action of the Board of Adjustment. He stated that he did not think it would be fair to leave the Duncans or the individual involved in limbo. Mr. Slavin noted that while Council may not have discussed this matter, it had certainly drawn the attention of the Planning Office, the Board of Adjustment had already ruled on it, and the FBI asked the City not to allow this in the same place where they operate. He stated that he thought this was a compelling body of evidence that was brought before Council. Mr. Anderson stated that he thought that the FBI was totally irrelevant for Council’s purposes in this discussion because it was not a legal opinion. He indicated that he thought that the FBI’s concerns were only relevant to the Duncans, since it is the FBI’s preference as a lease holder, which is a landlord/tenant issue. Mr. Sudler stated that he respects the Board’s decision; however, the Duncans had reached out to him as their Fourth District Council Representative, so he would like to try to find a happy medium, which is why he would like to send the matter to the Council Committee of the Whole. He indicated that if there is not a happy medium, he would support the Committee’s recommendation. Mr. Lindell asked what Council envisioned the Committee doing exactly. He stated that he thought that members were just spinning their wheels and needed to make a decision one way or the other. Responding, Mr. Anderson stated that he did not think Council could make a decision at this stage, since they had not heard from Mr. Duncan or developed an ordinance yet. He noted that he was surprised that this matter was not considered by the Committee first because he thought that was the normal process. Mr. Anderson stated that he thought that this issue should be discussed by the Committee, so members can look at various options about how to proceed or not proceed. Mr. Hare suggested that the maker of the motion and seconder amend their motion as recommended by Mr. Hugg. Responding, Mr. Hugg stated that he thought that, as part of the motion, Council needed to take some action in regard to the occupant. Mr. Slavin stated that Council could entertain a second motion on that action, rather than make an amendment.

CITY COUNCIL MEETING OF SEPTEMBER 24, 2018 PAGE 19 Mr. Hare called the question, seconded by Mr. Lindell and carried by a roll call vote of seven (7) yes (Anderson, Sudler, Lewis, Polce, Hare, Lindell, and Slavin) and two (2) no (Neil, and Cole). The motion to refer this item to the Council Committee of the Whole/Legislative, Finance, and Administration Committee failed by a roll call vote of six (6) no (Neil, Cole, Polce, Hare, Lindell, and Slavin) and three (3) yes (Anderson, Sudler, and Lewis). REZONING REQUEST FOR PROPERTY LOCATED AT 951 WHITE OAK ROAD - FIRST READING OF PROPOSED ORDINANCE #2018-10 A request was received to rezone property located at 951 White Oak Road, consisting of 1.1152+/- acres, owned by Hansen White Oak Partners, LLC. The property is currently zoned C-PO (Commercial and Professional Office) and the proposed zoning is IO (Institutional and Office). Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required. Mr. Hare moved to refer the request to the Planning Commission on October 15, 2018 and set a public hearing for November 13, 2018 at 7:30 p.m. The motion was seconded by Mr. Cole and unanimously carried. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of Proposed Ordinance #2018-10 as read by the City Clerk, by title only, as follows: Ordinance #2018-10 Amending the Zoning Ordinance and Zoning Map of the City of Dover by Changing the Zoning Designation of Property Located at 951 White Oak Road. CITY MANAGER'S ANNOUNCEMENTS Mr. Kirby Hudson, Assistant City Manager, announced two (2) upcoming events sponsored by The Friends of Old Dover: an illustrative talk by Mr. Will Parkhurst, entitled “Stately Homes of State Street” being held on Saturday, September 29, 2018, from 10:00 a.m. to noon, in the Council Chambers, and an illustrative talk by Mr. William Torbert, entitled “Funeral Homes and Cemeteries of Dover” being held on Saturday, October 27, 2018, from 10:00 a.m. to noon. Mr. Hudson stated that an event in celebration of Hispanic Heritage Month would be held on Saturday, October 6, 2018, from noon to 4:00 p.m. at the Dover Public Library. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Slavin wished Councilman Sudler a happy birthday on September 28th. Mr. Lewis reported that he had the pleasure of attending Open Streets Dover on Sunday, September 16th, which was held in conjunction with Restore Central Dover. He stated that he thought it was well received by the community, and noted that he also saw Councilman Anderson in attendance. Mr. Anderson stated that he agreed with Mr. Lewis’ comments.

CITY COUNCIL MEETING OF SEPTEMBER 24, 2018 PAGE 20 Mr. Anderson expressed his thanks to the City, Mayor, Council, and City staff, particularly the Dover Police Department, for the work done to bring awareness toward education, and prevention regarding the issue of addiction. He stated that the past two (2) weeks had been very positive and the work done by the City had brought many members of the community together. Mr. Anderson also expressed his thanks to Mr. Dave Hugg, Director of Planning and Community Development, and Mr. Jason Lyon, Water/Wastewater Manager, for the research they provided regarding the issues related to the drainage ditches, ponds, and stormwater ponds in the Woodcrest area. He stated that the research regarding ownership had been quite valuable. Mr. Anderson expressed appreciation to Capital School District for agreeing with Mr. Sudler to hold a workshop regarding this matter. Mr. Sudler announced that a meeting would be held on October 2nd, at 5:30 p.m., in the City Hall Caucus Room, with the Capital School Board President and other Board members to discuss the retention pond at Woodcrest. Mr. Polce congratulated Police Chief Marvin Mailey on becoming the new President of the Delaware Police Chiefs’ Council. He stated that it is a tremendous opportunity to have the City’s Police Chief lead all the police chiefs and work in a collaborative way across the state. Mr. Hare moved for adjournment, seconded by Mr. Lindell and unanimously carried. Meeting adjourned at 8:23 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of September 24, 2018, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2018\09-24-2018 Council Minutes.wpd Exhibits Exhibit #1 - Ordinance #2018-01 Exhibit #2 - A map depicting the zoning in the immediate area of the Duncan Center

EXHIBIT #1 Regular Council Meeting of 09/24/2018 CITY OF DOVER ORDINANCE #2018-01 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities of the Dover Code be amended to read as follows: Chapter 66 - MANUFACTURED HOMES, MOBILE HOMES, AND LAND LEASE COMMUNITIES Sec. 66-1. - Purpose Statement. The City of Dover recognizes that manufactured homes are a unique housing type with their own history of placement and ownership traditions arising from their origins as mobile homes. A modern manufactured home does not resemble a vehicle, and once placed is rarely moved. However, most manufactured homes are owned as if they were vehicles, separate from the land they are placed on, and may theoretically be moved at any time. Because of this the city recognizes that consistent standards are needed for placement, licensing, and tracking of manufactured homes, in order to ensure the homes' orderly movement into, out of, and around the city. The city further recognizes that land lease communities, which may give ground lease to manufactured homes or other types of housing, typify a use of land which does not align perfectly with either apartments or residential subdivisions. Because of this, areas of responsibility on the part of residents, owners, and the city with regard to maintenance, communication, and taxation can be unclear without the adoption of consistent standards governing these areas of responsibility. The city recognizes that where responsibility is not clearly claimed detrimental conditions can arise for residents. This chapter therefore lays out consistent standards needed for manufactured homes and land lease communities, while updating and consolidating earlier city regulations regarding mobile homes and mobile home parks. The standards are intended to be applicable to all land lease communities currently in the city or which may be established in the future. They are also intended to cover both manufactured homes and permanently placed manufactured homes, and the issues unique to each. They are intended to supplement, rather than replace, all state laws regulating manufactured homes, including but not limited to those found in Title 25, Chapter 70, and Title 24, Chapter 44 of the Delaware Code. Sec. 66-2. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Land lease community means a residential development typified by single ownership of the land within the development, with the landowner retaining the rights of ownership. Home sites or individual lots within the community are leased to individual homeowners, who retain customary leasehold rights. A manufactured home park is considered a type, but not the only type, of land lease community.

Ordinance #2018-01 Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities; Page 2 Appendix B - Zoning, Article 3 - District Regulations, Section 8 - Manufactured Housing (MH) Zone; Appendix B - Zoning, Article 12 - Definitions; and Appendix F - Fees and Fines Land lease community operator means any person designated by contractual arrangement with the land lease community owner to supervise or maintain a land lease community and interact with its residents. Land lease community owner means the owner of two or more home sites offered for rent within a land lease community. It includes a lessor, sublessor, park owner or receiver of two or more home sites offered for rent, as well as any person, other than a lender not in possession, who directly or indirectly receives rents for two or more home sites offered for rent and who has no obligation to deliver such rents to another person. Manufactured home means a factory-built, single-family dwelling: a. Transportable in one or more sections, which is either 8 body feet or more in width and 40 body feet or more in length, or, when erected on site, has more than 400 square feet in living area; and b. Designed to be used as a year-round dwelling when connected to the required utilities; and c. Manufactured after June 15, 1976, and built in accordance with manufactured home construction requirements promulgated by the federal Department of Housing and Urban Development (The HUD Code). Mobile home means a factory-built, single-family dwelling: a. Transportable in one or more sections, which is either 8 body feet or more in width and 40 body feet or more in length, or, when erected on site, has more than 400 square feet in living area; and b. Designed to be used as a year-round dwelling when connected to the required utilities; and c. Manufactured before June 15, 1976, and not built in accordance with manufactured home construction requirements promulgated by the federal Department of Housing and Urban Development (The HUD Code). Prior to the HUD code, mobile homes were not subject to uniform construction or safety standards. Owner of a manufactured home or mobile home means the person designated in the vehicle title of the manufactured home or mobile home, whether the title is issued by this state or by some other state. Owner of a permanently placed manufactured home means the person designated in the vehicle or real property title of the permanently placed manufactured home, whether the title is issued by this state or by some other state. Permanently placed manufactured home means a manufactured home that has been placed upon a permanent, unmovable foundation.

Ordinance #2018-01 Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities; Page 3 Appendix B - Zoning, Article 3 - District Regulations, Section 8 - Manufactured Housing (MH) Zone; Appendix B - Zoning, Article 12 - Definitions; and Appendix F - Fees and Fines Utility means a service provided by a land lease community owner, the city, or others to a tenant for a commodity such as water, sewer, electricity, fuel, propane, cable television or trash. (Ord. of 2-23-1970, § 2; Code 1981, § -1; Ord. of 11-10-1986, § 1; Ord. No. 2016-16 , 8-8-2016) Sec. 66-3. - Manufactured and mobile homes. (a) Placement permit. Every owner of a manufactured home shall apply for and obtain from the city planner or his/her authorized agent a placement permit for such manufactured home prior to placement of the home within the city. The owner of the manufactured home shall pay a fee for such permit as provided for in Appendix F-Fees and Fines. No certificate of occupancy shall be issued for a newly placed manufactured home that has not also been issued a placement permit. (b) Inspection. Prior to the issuance of a certificate of occupancy for any manufactured home, the home shall pass inspection by a city building inspector licensed as a manufactured home inspector by the state. The owner of the manufactured home shall cause a manufactured home installer licensed by the state to firmly attach the home to the ground by means of a permanent foundation or anchors, and cause any open space beneath the unit to be skirted or enclosed with material approved by the building inspector. (c) License. The owner of any mobile home or manufactured home that is not placed on a permanent foundation shall obtain an annual license for it. The owner of the mobile home or manufactured home shall pay an annual fee for such license as provided for in Appendix F-Fees and Fines. If such manufactured home is newly moved into the city, the owner of the manufactured home shall obtain the license and shall pay the license fee within seven days of issuance of a certificate of occupancy for the home. Payment of the license fee shall be prorated on a quarterly basis for each fractional part of a year during which the manufactured home is in the city. (d) Conditions for license. No license for a new manufactured home shall be issued until the home has passed inspection and received a certificate of occupancy as required by this section. (e) Moving within or out of city. When the owner of a mobile home or manufactured home removes the home from its current site or lot, the owner shall obtain a demolition permit for the removal. (f) Use of city utilities. Owners of all types of manufactured homes shall coordinate with city departments during the permitting and licensing process regarding the appropriate times to transfer responsibility for utilities and activate service.

Ordinance #2018-01 Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities; Page 4 Appendix B - Zoning, Article 3 - District Regulations, Section 8 - Manufactured Housing (MH) Zone; Appendix B - Zoning, Article 12 - Definitions; and Appendix F - Fees and Fines Sec. 66-4. - Land lease communities. (a) The following regulations shall apply to the maintenance of land lease communities: i. Private road access. It shall be the responsibility of land lease community owners to maintain all private streets, driveway access to such streets, access to fire hydrants, and access to central mailboxes so as to be clear from obstructions, including but not limited to potholes, snow piles, and debris. ii. Debris clearance. It shall be the responsibility of land lease community owners to ensure that all facilities and common areas within the community are kept in good repair and maintained in such a manner as to prevent the accumulation of materials which could cause a fire hazard or would cause insect or rodent breeding and harborage. iii. Landscaping. The land lease community owner shall keep the community free of species of weeds or plant growth which are noxious or detrimental to the health of the residents. In addition, the land lease community owner shall maintain, care for, and, if necessary, remove any trees planted within the community that are over 25 feet in height or have a main stem/trunk over 6 inches in diameter. Maintenance shall be performed per standard horticultural practices in accordance with the standards as set forth by the American Association of Nurserymen, and shall not require removal of any plant material normally produced by the tree as part of its lifecycle. The landlord must respect the privacy of tenants and not enter any rented lot to maintain, care for, and/or remove landscaping without the permission of the tenant or an adult resident unless emergency circumstances exist and entry is required to prevent injury to person or damage to property. iv. Utilities. The land lease community owner shall keep all water, electrical, plumbing, gas, septic, sewer, and other utilities they provide to tenants in good working order. Stormwater management facilities shall be maintained so as to be free of blockage and to prevent the accumulation of standing water that does not dissipate within 48 hours, except in facilities approved for retention of water. These utilities and facilities shall be repaired within 48 hours of written notification of a maintenance problem, or as soon thereafter as is practicable if a repair within 48 hours is not practicable. Community owners shall coordinate with the City of Dover regarding utility services and equipment. v. Delegation of maintenance duties. Maintenance responsibilities may be delegated by the land lease community owner to leaseholders, a homeowner's association, a land lease community operator, or other parties, provided that the delegated party's specific responsibilities are detailed in a rental agreement, property management contract, or other contract as appropriate. The following exceptions apply:

Ordinance #2018-01 Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities; Page 5 Appendix B - Zoning, Article 3 - District Regulations, Section 8 - Manufactured Housing (MH) Zone; Appendix B - Zoning, Article 12 - Definitions; and Appendix F - Fees and Fines (1) Maintenance responsibilities delegated to individual leaseholders shall not include physical responsibility over any streets, common areas, or utilities. Community owners may still require payments from leaseholders to contribute to these areas' upkeep. (2) Maintenance responsibilities shall not be delegated if doing so would violate any state laws regulating the content of any of the above types of contracts. (3) Any maintenance responsibilities not specifically delegated shall be retained by the land lease community owner. (b) The following regulations shall be the reporting, record-keeping, and licensing requirements of land lease communities: i. Office hours. To facilitate communication between tenants of the community and the owner, the land lease community owner or operator shall be present at an office within the City of Dover or Kent County, Delaware, accessible to tenants during regular, fixed hours to be communicated to residents and posted at the office. The office hours shall be no less than 20 hours per week, shall include at least five hours before 8:00 a.m. or after 5:00 p.m., and shall not be between the hours of midnight and 7:00 a.m. A 24-hour emergency contact shall also be available to residents. ii. Receipt for lot payment. The land lease community operator or owner shall provide a written receipt or electronic receipt at the time a cash payment for rent payment has been made. If a land lease community owner accepts a form of payment other than cash, the community owner shall, within two days, give to the tenant a receipt for that payment. The community owner or operator shall, for a period of three years, maintain a record of all cash receipts for rent. iii. Homeowner Record. To assist in keeping city license records and tax records up to date, and to assist in code enforcement, land lease community owners who lease land to two or more persons for home sites shall maintain a record of all persons owning homes on their land, specifying each home's address, the name of the owner of each manufactured home, and each homeowner's address, if different from the home address. This record shall be reported to the city planner before July 1 of each year, and shall also be open for inspection by the city planner at all other reasonable times. iv. Required license for landowners. The owner of any land leased out as part of a land lease community shall obtain an annual land lease community operator business license under the provisions of Chapter 26-Businesses, or direct the land lease community operator to obtain this license. Only one business license shall be required per land lease community. The fee for such license shall be based on the total number of lots or home sites in the

Ordinance #2018-01 Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities; Page 6 Appendix B - Zoning, Article 3 - District Regulations, Section 8 - Manufactured Housing (MH) Zone; Appendix B - Zoning, Article 12 - Definitions; and Appendix F - Fees and Fines community, including both vacant and occupied lots and sites, in accordance with Appendix F - Fees and Fines, Chapter 26-Businesses. (Ord. No. 2016-16, 8-8-2016)Editor's note— Ord. No. 2016-16, adopted August 8, 2016, in effect repealed § 66-5 and enacted a new § 66-5 as set out herein. Former § 66-5 pertained to duties of mobile home park owners and derived from Ord. of 2-23-1970 and the Code of 1981. Sec. 66-5. - Real property taxes. A permanently placed manufactured home as defined in section 66-1, and the lot upon which it is located shall be considered as being real property for purposes of valuation, assessment and taxation in accordance with section 47 of the Charter. Manufactured homes that are not permanently placed shall not be taxed but shall pay the annual license fee required by this chapter in lieu of taxes. (Code 1981, § 12-2.1; Ord. of 11-10-1986, § 2; Ord. No. 2016-16, 8-8-2016) Editor's note- Ord. No. 2016-16 , adopted August 8, 2016, in effect repealed § 66-5 and enacted a new § 66-5 as set out herein. Former § 66-5 pertained to duties of mobile home park owners and derived from Ord. of 2-23-1970 and the Code of 1981. Sec. 66-6. - Enforcement and penalties. (a) Licenses and permits. Enforcement of licensing and permitting requirements shall be as follows: i. Obtaining manufactured home licenses. If the owner of a mobile home or manufactured home not permanently placed fails to obtain or renew the annual license required by this chapter, a fine pursuant to Appendix F-Fees and Fines may be assessed on the owner of the home, if the home has not been removed from the city. ii. Obtaining placement permits. An owner of a manufactured home who places their home without obtaining a placement permit to do so shall have the standard penalties imposed for failure to obtain a building permit as outlined in Chapter 22- Buildings and Building Regulations of the Dover Code. iii. Obtaining land lease community operator business licenses. A land lease community owner who does not obtain an annual business license as required by this chapter shall have the standard penalties imposed for failure to obtain a business license as outlined in Chapter 26- Businesses of the Dover Code. (b) Land lease community maintenance requirements. Enforcement of community maintenance requirements shall be as follows: i. Any land lease community owner found to be in violation of the provisions of Section 66-4(a) may be assessed a fine pursuant to Appendix F-Fees and Fines. If required, the City of Dover may perform maintenance to correct the

Ordinance #2018-01 Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities; Page 7 Appendix B - Zoning, Article 3 - District Regulations, Section 8 - Manufactured Housing (MH) Zone; Appendix B - Zoning, Article 12 - Definitions; and Appendix F - Fees and Fines violation in the owner's stead, and add the cost of maintenance, including a 15 percent administrative charge, to the fine to be assessed. ii. If a land-lease community owner has via rental agreement, property management contract, or other contractual agreement delegated maintenance responsibilities over the portion of the property in violation to a leaseholder or homeowners association, any fines assessed pursuant to subsections 66-6 (b)(i) above shall instead be imposed on that party. (c) Reporting and record-keeping requirements. Enforcement of reporting and record-keeping requirements shall be as follows: i. Provision of homeowner record. If the owner of a land-lease community fails to provide a homeowner record before July 1 of the year, a fine pursuant to Appendix F-Fees and Fines may be assessed on the owner of the land-lease community. ii. Provision of office hours. The City of Dover may inspect the office of a land lease community, and upon finding that hours are not posted, or a representative is not on site during posted office hours, assess a fine pursuant to Appendix F-Fees and Fines. A finding that a land lease community's 24-hour emergency line is not functioning may also be cause to assess the same fine. iii. Provision of receipts. If a leaseholder requests a receipt for payment of rent from a land lease community owner or operator and does not receive one within two days, the leaseholder may ask the City of Dover to request the same. If a receipt is not provided to the city within an additional 7 days, a fine pursuant to Appendix F-Fees and Fines may be assessed on the owner of the land-lease community. (d) Official notice. As part of any fine assessed pursuant to Section 66-6, the City of Dover shall give official notice to the violator. Policy and procedures for timing of official notices and fines shall be developed by the Planning and Inspections Department. (e) Action on business licenses. If violation of any city ordinance by a land lease community is of a nature that the community's business license may need to be suspended or revoked, the procedures given in Chapter 26-Businesses, Article II, Sections 26-59 through 26-65 applying to all city businesses shall be adhered to. Summary action on a business license shall not be taken unless the conduct of the licensee, or any associated agent or employee, is so inimical to the public health, safety, and general welfare as to constitute a nuisance and thus give rise to an emergency. If a community's business license is suspended or revoked, the city shall notify all leaseholders in the community of the city's action within three days. (Ord. of 7-28-1975; Code 1981, § 12-6; Ord. No. 2016-16 , 8-8-2016)

Ordinance #2018-01 Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities; Page 8 Appendix B - Zoning, Article 3 - District Regulations, Section 8 - Manufactured Housing (MH) Zone; Appendix B - Zoning, Article 12 - Definitions; and Appendix F - Fees and Fines Sec. 66-7. - Exemptions. This chapter shall not apply to: (1) Dealers. Unoccupied manufactured homes located on a dealer's display lot; or (2) Manufactured homes in transit . Unoccupied manufactured homes temporarily occupying the public right-of-way prior to placement on a lot or home site. (Ord. of 2-23-1970, § 8; Code 1981, § 12-7; Ord. No. 2016-16, 8-8-2016) Sec. 66-8. - Preemption and severability. (a) In the event of any conflict between the requirements of this ordinance and the requirements of the Delaware Code, Title 25, Chapter 70- Manufactured Homes and Manufactured Home Communities, or Title 24, Chapter 44- Manufactured Home Installation, or any other section of the Delaware Code, the requirements of the state code shall prevail. (b) Should any section or provision of this ordinance be decided by the courts to be unconstitutional or invalid, such decision shall not affect the validity of the ordinance as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. BE IT FURTHER ORDAINED: That Appendix B - Zoning, Article 3 - District Regulations, Section 8 - Manufactured housing (MH) zone, be amended to read as follows: Section 8. - Manufactured housing (MH) zone.[2] 8.1 Uses permitted. In a manufactured housing zone, no building or premises shall be used, and no building shall be erected, which is arranged, intended or designed to be used, in whole or in part, for any uses, except the following: 8.11 Manufactured homes on individual lots, held in any type of ownership. 8.12 Multiple manufactured homes on a lot, provided that: (a) The lot is operated as a condominium, including but not limited to condominiums formed pursuant to 25 DelCode, Chapter 71; or (b) The lot is operated as a land lease community; and (c) There are at least 15 manufactured homes on the lot, or else sufficient home sites for rent or sale on the lot to accommodate 15 manufactured homes. Such home sites need not be expressly delineated but must be improved so as to

Ordinance #2018-01 Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities; Page 9 Appendix B - Zoning, Article 3 - District Regulations, Section 8 - Manufactured Housing (MH) Zone; Appendix B - Zoning, Article 12 - Definitions; and Appendix F - Fees and Fines be complete and ready for occupancy by a manufactured home. There shall be no mixing of manufactured homes and permanently placed manufactured homes on one lot. 8.13 Permanently placed manufactured homes on individual lots, provided that the home and the lot are under common ownership. 8.14 Multiple permanently placed manufactured homes on a lot, provided that: (a) The lot is operated as a condominium including but not limited to condominiums formed pursuant to 25 DelCode, Chapter 71; or (b) The lot is operated as a land lease community; and (c) There are at least 15 permanently placed manufactured homes on the lot, or else sufficient home sites for rent or sale on the lot to accommodate 15 permanently placed manufactured homes. Such home sites need not be expressly delineated but must be improved so as to be complete and ready for occupancy by a permanently placed manufactured home. There shall be no mixing of manufactured homes and permanently placed manufactured homes on one lot. 8.15 One-family detached homes on individual lots, held in any type of ownership. 8.2 Conditional uses. Conditional uses shall be consistent with those conditionally permitted in the one-family residence zones. 8.3 Accessory uses. Accessory uses shall be consistent with those permitted in the one-family residence zones, with the following additions and exceptions: 8.31 Management facilities. The following shall be permitted accessory to lots providing home sites for multiple manufactured homes: (a) Management offices with rooms for the usual office furniture and supplies, limited to one per lot; (b) Storage space for utility connection supplies in quantity, manufactured home accessories and maintenance materials and equipment; (c) Laundry facilities equipped with washing machines and dryers; (d) Community building facilities, including indoor recreation areas; (e) Commercial establishments consistent with uses permitted in the C-1 neighborhood commercial zone, limited to one such establishment per lot; (f) One-family detached homes intended for the use of a manager or caretaker, limited to one such dwelling per lot.

Ordinance #2018-01 Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities; Page 10 Appendix B - Zoning, Article 3 - District Regulations, Section 8 - Manufactured Housing (MH) Zone; Appendix B - Zoning, Article 12 - Definitions; and Appendix F - Fees and Fines 8.32 Accessory home occupations. Accessory home occupations shall be permitted consistent with the conditions outlined for home occupations in the one-family residence zones, with the exception that no home occupation shall be permitted if not also permitted by the owner of the lot on which the home is sited. 8.4 Uses prohibited . The following uses are specifically prohibited: 8.41 Mobile homes, house trailers, and recreational vehicles as principal uses on a lot. Any such structures or vehicles located within the zone and being used as dwellings shall upon the effective date of this ordinance be deemed non-conforming uses in accordance with article 7. 8.42 Any other kind of factory-built housing that does not meet the Manufactured Home Construction and Safety Standards of the U.S. Department of Housing and Urban Development (HUD) Code as approved June 15, 1976, unless it can be demonstrated that such housing is constructed to the standards of the Dover Code of Ordinances, Chapter 22, Buildings and Building Regulations. Any such housing located within the zone and being used as dwellings shall upon the effective date of this ordinance be deemed non-conforming uses in accordance with article 7. 8.5 Minimum occupation length. No lot or home site within the manufactured housing zone reserved for occupation by a manufactured home shall be leased or occupied for residential use except for periods of 30 consecutive days or more. 8.6 Land lease communities. The following regulations shall apply to land lease communities within the MH zone: 8.61 The entire land area occupied by a land lease community, regardless of the number of home sites or individual lots therein, shall be maintained in single ownership, or if in multiple ownership, under the provisions of the laws of the state dealing with unit properties and condominiums. 8.62 Changes to site plan. After initial site development plan approval of a land lease community, reapproval for the entire community shall not be required prior to the issuance of building permits for alterations to individual manufactured homes, or their accessory buildings such as storage areas and patios, which, in the judgement of the city planner, do not materially alter the site development plan approval by the planning commission and are requested as adjustments to the individual manufactured home sites or lots leased by an individual family and designed for the convenience and comfort of the individual lessee. 8.7 Performance Standards. All uses are subject to performance standards as set forth in article 5, section 8. 8.8 Site development plan approval. Site development plan approval in accordance with article 10, section 2 hereof shall be required prior to the issuance of building permits for the erection or enlargement of all structures and related accessory structures. Such approval shall also be required prior to the issuance of certificates of occupancy for a change of use.

Ordinance #2018-01 Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities; Page 11 Appendix B - Zoning, Article 3 - District Regulations, Section 8 - Manufactured Housing (MH) Zone; Appendix B - Zoning, Article 12 - Definitions; and Appendix F - Fees and Fines 8.81 For purposes of preparing a site development plan for approval by the planning commission, and all subsequent improvements, alterations or additions, the applicant shall conform to current submission requirements and site development standards as set forth by the National Fire Protection Association publication 501A,"Standard for Fire Safety Criteria for Manufactured Home Installations, Sites, and Communities." Where applicable, the approving authority shall be the fire marshal's office. 8.82 No site development plan proposing the siting of a manufactured home outside of a land lease community shall be approved unless the plan shows the manufactured home is to be permanently placed, as defined in the Dover Code of Ordinances, Chapter 66—Manufactured Homes, Mobile Homes, and Land Lease Communities. 8.9 Maximum density. The gross residential density in an MH zone shall not exceed six dwelling units per acre. 8.10 Signs. Signs shall meet the regulations found in Article 5—Supplementary Regulations, Section 4—Supplementary Sign Regulations. (Ord. No. 2016-16 , 8-8-2016) Footnotes: --- (2) --- Editor's note— Ord. No. 2016-16 , adopted August 8, 2016, in effect, repealed § 8 and enacted a new § 8 as set out herein. Former § 8 pertained to similiar subject matter and derived from Ord. of 10-13-1981; Ord. of 3-20-1983; Ord. of 3-24-1986; Ord. of 7-10-2000; Ord. of 2-12-2001; Ord. of 4-28-2008(2); and Ord. No. 2010-29, adopted January 10, 2011. BE IT FURTHER ORDAINED: That Appendix B - Zoning, Article 12 - Definitions, be amended by inserting the following definition in its correct alphabetical order: Permanently placed manufactured home means a manufactured home that has been placed upon a permanent, unmovable foundation. BE IT FURTHER ORDAINED: That Appendix B - Zoning, Article 12 - Definitions, be amended by replacing the definitions for manufactured home and mobile home as follows: Manufactured home means a factory-built, single-family dwelling: a. Transportable in one or more sections, which is either 8 body feet or more in width and 40 body feet or more in length, or, when erected on site, has more than 400 square feet in living area; and

Ordinance #2018-01 Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities; Page 12 Appendix B - Zoning, Article 3 - District Regulations, Section 8 - Manufactured Housing (MH) Zone; Appendix B - Zoning, Article 12 - Definitions; and Appendix F - Fees and Fines b. Designed to be used as a year-round dwelling when connected to the required utilities; and c. Manufactured after June 15, 1976, and built in accordance with manufactured home construction requirements promulgated by the federal Department of Housing and Urban Development (The HUD Code). Mobile home means a factory-built, single-family dwelling: a. Transportable in one or more sections, which is either 8 body feet or more in width and 40 body feet or more in length, or, when erected on site, has more than 400 square feet in living area; and b. Designed to be used as a year-round dwelling when connected to the required utilities; and c. Manufactured before June 15, 1976, and not built in accordance with manufactured home construction requirements promulgated by the federal Department of Housing and Urban Development (The HUD Code). Prior to the HUD code, mobile homes were not subject to uniform construction or safety standards. BE IT FURTHER ORDAINED: That Appendix F - Fees and Fines, Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities be amended to read as follows: Chapter 66. Manufactured Homes, Mobile Homes, and Land Lease Fees and Fines Communities Sec. 66-3. Manufactured and mobile homes $50.00 each one-time Subsec. (a) Required fee from homeowner placement permit $45.00 each license Subsec. (c) Required fee from homeowner annually Sec. 66-6 Enforcement and penalties A fine of not less Subsec. (a)(i) Failure to obtain manufactured home license than $25.00 A fine of not less than $25.00 in addition to any Subsec. (b)(i) Failure to fulfill maintenance requirements charges imposed to cover cost of maintenance by the City $75.00 per hour for such work that must Subsec. (b)(ii) Cost of maintenance by the city be done to render the property in

Ordinance #2018-01 Chapter 66 - Manufactured Homes, Mobile Homes, and Land Lease Communities; Page 13 Appendix B - Zoning, Article 3 - District Regulations, Section 8 - Manufactured Housing (MH) Zone; Appendix B - Zoning, Article 12 - Definitions; and Appendix F - Fees and Fines compliance with Chapter 66 Sec. 66-4, plus a 15% administrative charge A fine of not less than $25.00 and a penalty fee of ten percent per month Subsec. (c)(i) Failure to provide homeowner record shall accrue for each m o n t h t h e homeowner record is not provided. A fine of not less than $25.00; the fine Subsec. (c)(ii) Failure to provide contact for residents may be applied cumulatively or per violation instance A fine of not less than $25.00; the fine Subsec. (c)(iii) Failure to provide receipt may be applied cumulatively or per violation instance (Ord. No. 2016-16, 8-8-2016) ADOPTED: SEPTEMBER 24, 2018 SYNOPSIS The proposed ordinance reorganizes and clarifies a portion of the updates to the Dover Code made in August 2016 through Ordinance #2016-16. The proposed ordinance also brings the updates into compliance with provisions of the Delaware Code related to manufactured housing and rental housing, particularly Title 25, Chapters 53, 55, 70, and 71. The updates affected include requirements for placing and licensing manufactured homes, standards for management and maintenance of land lease communities, taxation, and code enforcement. A distinction is also made between manufactured homes and permanently placed manufactured homes in the Zoning Ordinance. (Sponsors: Neil and Hugg) Actions History 09/24/2018 - Public Hearing/Final Reading - City Council 09/10/2018 - Ordinance #2018-01 Lifted from the Table/Scheduled Public Hearing/Final Reading of Staff Substitute #1 with Planning Commission Amendment #1 for September 24, 2018 – City Council 04/09/2018 - Tabled by City Council 03/19/2018 - Tabled by Planning Commission 02/26/2018 - First Reading - City Council 02/13/2018 - Introduced - Council Committee of the Whole/Legislative, Finance, and Administration Committee S:\ORDINANCES\2018\ADOPTED\ORDINANCE #2018-01 CH 66, APPX B-ARTS 3 AND 12 AND APPX F\ORDINANCE #2018-01 CH 66, APPX B-ARTS 3 AND 12 AND APPX F - ADOPTED 09-24-2018.wpd

EXHIBIT #2 City of Dover Regular Council Meeting of 09/24/2018 Information Request Department of Planning & Inspections C-3 e C-3 C-3 C-1A RG- RG- RG-1 Ridg C-2A nS t 1 1 RGO D ivisio RG-1 ly St C- RG-1 C-2 RGO RG-1 St C-2 2A RG- R eed 1Kirkw C-2 Brad C-1A C-3 C-2 S ood ford C- C-3 St t 1A IO RG-1 St RG-1 Minor RG-1 C-3 For C-2A RG-1 es t St C-2 Lincoln St C-2 C-2 C-2 C-2 C-2 St Cherry St C-3 v erman RG-1 ad A Loock er no C-3ilro Go v RG-3 Ra ocker n C-2 C-2 C-2 ma Lo salem Vine St IO S rs Av e C- t Jeru Da vis Cir RGO 2 C-2 IO e RG-1 IO RG-1 RGO C-2 RG-1 Site Wa y C-2A ter St en S IO S laugh Clare RG- Qu e Ne w h St IO 1 N o rt C- t St RG-1 nce S t C-3 2A k Ln Ban Shot C- Min im C- a St RG-4 2A gun 2A Aly Bann IO C-1A C-2A i ng S Wes t rS t Wate t TND St IO IO IO C-1A CPO C-3 C-3 t th S So u Title: Lands of Robert Duncan Legend Address: 500 West Loockerman Street Parcel IDs: ED-05-076.12-04-11.00-000 Subject Property Zoning: IO, H, & SWPOZ-3 Dover Parcels Owner: Robert Duncan Date: 9/21/2018 Zoning 2012 Buildings Kent County Parcels « Dover Boundary 0 250 500 1,000 Feet SWPOZ Tier 1 Historic District