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COUNCIL COMMITTEE OF THE WHOLE AGENDA JANUARY 26, 2016 - 6:00 P.M. CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA DOVER, DELAWARE PUBLIC COMMENTS ARE WELCOMED ON ANY ITEM AND WILL BE PERMITTED AT APPROPRIATE TIMES. WHEN POSSIBLE, PLEASE NOTIFY THE CITY CLERK (736-7008 OR E-MAIL AT CITYCLERK@DOVER.DE.US) SHOULD YOU WISH TO BE RECOGNIZED. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE AGENDA ADDITIONS/DELETIONS 1. PROPOSED ORDINANCE #2016-05 - AMENDING CHAPTER 106 - TRAFFIC AND VEHICLES, ARTICLE III - STOPPING, STANDING AND PARKING, DIVISION 2 - METERED PARKING, SECTION 106-164 - VIOLATIONS; PENALTIES (SPONSORS: HOSFELT AND HUTCHISON) (STAFF RECOMMENDS ADOPTION OF THE PROPOSED ORDINANCE) 2. REQUEST FOR WAIVER - APPENDIX B - ZONING, ARTICLE 5 - SUPPLEMENTARY REGULATIONS, SECTION 17 - EMERGENCY ACCESS REQUIREMENTS - WAIVER OF EMERGENCY REAR ACCESS REQUIREMENT FOR THE GRANDE, BUILDING 4: PLANNED NEIGHBORHOOD DESIGN - SENIOR CITIZEN HOUSING OPTION (APPLICATION C-15-04) (THE PLANNING COMMISSION RECOMMENDED APPROVAL OF THE WAIVER FOR THE ELIMINATION OF THE EMERGENCY REAR ACCESS) 3. BICYCLE AND PEDESTRIAN SUBCOMMITTEE REPORT (COMMITTEE ACTION NOT REQUIRED) 4. ADJOURNMENT UTILITY COMMITTEE THERE WILL BE NO UTILITY COMMITTEE MEETING HELD ON JANUARY 26, 2016. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE AGENDA ADDITIONS/DELETIONS 1. PERSIMMON PARK PLACE DRAINAGE PROJECT (STAFF RECOMMENDS AUTHORIZATION TO EXECUTE THE TWO (2) AGREEMENTS TO FULLY FUND THE PERSIMMON PARK PLACE DRAINAGE PROJECT. NO CITY OF DOVER MONEY WILL BE USED TO PAY FOR THE DESIGN PHASE OF THIS PROJECT.)

JANUARY 26, 2016 COUNCIL COMMITTEE OF THE WHOLE PAGE 2 LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE (CONTINUED) 2. PROPOSED ORDINANCE #2016-06 AMENDING CHAPTER 26 - BUSINESSES, ARTICLE II - LICENSES, SECTION 26-40 - LICENSE ISSUANCE, EXPIRATION AND FORM, AND SECTION 26-42 - PENALTY FOR LATE PAYMENT OF LICENSE FEE (SPONSORS: HOSFELT AND TOWNSHEND) (STAFF RECOMMENDS ADOPTION OF THE PROPOSED ORDINANCE) 3. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDING JUNE 30, 2015 (COMMITTEE ACTION NOT REQUIRED) 4. ADJOURNMENT /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\COMMITTEE-AGENDAS\2016\01-26-2016 CCW.WPD THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

CITY OF DOVER PROPOSED ORDINANCE #2016-05 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Chapter 106 - Traffic and Vehicles, Article III - Stopping, Standing and Parking, Division 2 - Metered 4 Parking, Section 106-164 - Violations; Penalties of the Dover Code be amended by deleting the text 5 indicated in red strikeout and inserting the bold, blue text, as follows: 6 Sec. 106-164. - Violations; penalties. 7 (a) Generally. Any person convicted of violating the provisions of this article or of aiding, abetting or 8 assisting in the violation of said provisions shall be sentenced to pay a fine as provided for in 9 Appendix F-Fees and Fines. 10 (b) Enhanced civil enforcement authority. If five three or more violations of this article have been 11 issued to a vehicle and those violations are more than 30 days past due, or if accumulated unpaid 12 violations of this article exceed more than $100.00, the vehicle shall be subject to enhanced civil 13 enforcement, as follows: 14 (1) Such vehicle found parked on any street in the city shall be immobilized by any police officer 15 or parking enforcement employee of this city in such manner as to prevent its operation. Any 16 vehicle so immobilized or impounded shall not be released to its lawful owner until all unpaid 17 violations and applicable administrative fees issued to such owner have been discharged by 18 payment in full, together with payment for the costs of immobilizing, releasing, and storing 19 such vehicle. The owner shall sign a receipt for such vehicle. Payment for any such towing 20 shall be in accordance with the towing costs outlined in the current agreement between the 21 police department and the towing operator. If the vehicle is a tractor-trailer combination, the 22 trailer may be released to an authorized agent if the tractor-trailer is immobilized pursuant to 23 this section. 24 (2) In any case involving immobilization of a vehicle pursuant to this section, the police officer 25 or parking enforcement employee shall place on such vehicle, in a conspicuous manner, notice 26 sufficient to warn any individual that such vehicle has been immobilized and that any attempt 27 to move such vehicle might result in damage to such vehicle. 28 (3) Any vehicle remaining immobilized and not released for 24 hours may be towed and 29 impounded at the direction of a police officer or parking enforcement employee. 30 (4) Any person who unlawfully removes a device for immobilization of a vehicle shall be fined 31 as provided for in Appendix F-Fees and Fines. 32 (5) Any person who tows or otherwise moves an immobilized vehicle without authorization by the 33 chief of police or his designee shall be fined as provided for in Appendix F-Fees and Fines. 34 (c) Cost. No cost will be assessed if payment of the penalty as hereinbefore imposed is voluntarily paid 35 without the necessity of a hearing before the proper official. 36 (Code 1968, § 31-77; Ord. of 8-25-1971, § 1; Code 1981, § 13-49; Ord. No. 2009-09, 6-22-2009; Ord. No. 37 2011-22, 9-26-2011; Ord. No. 2015-09, 6-8-2015)

Proposed Ordinance #2016-05 - Chapter 106 - Traffic and Vehicles, Article III - Stopping, Standing and Parking, Division 2 - Metered Parking, Section 106-164 - Violations; Penalties Page 2 38 ADOPTED: * 39 S:\ORDINANCES\2016\DRAFT\ORDINANCE #2016-05 CH 106, ART III, DIV 2, SEC 106-164 VIOLATIONS-PENALTIES\Ordinance #2016-05 Ch 106, Art III, Div 2, Sec 106-164 Violations-Penalties.wpd 40 SYNOPSIS 41 The amendment reduces the maximum number of past due or accumulated violations from 42 five to three in order for a vehicle to be subject to enhanced civil enforcement. 43 (SPONSORS: HOSFELT AND HUTCHISON) 44 Actions History 45 01/26/2016 - Scheduled for Introduction at Council Committee of the Whole/Safety Advisory and Transportation Committee

City of Dover PETITION TO WAIVE ZONING ORDINDANCE PROVISION: ELIMINATION OF EMERGENCY ACCESS REQUIEMENTS Before the City Council Safety Advisory & Transportation Committee January 26, 2016 Plan Title: The Grande, Building 4: Planned Neighborhood Design – Senior Citizen Housing Option (C-15-04) Plan Type: Conditional Use Site Plan for PND Property Location: West of Saulsbury Road and on the north side of Forrest Avenue Property Addresses: 101-405 Doveview Drive Site Area: 6.7326 ac. +/- Present Zoning: RG-5 (General Residence for Mid Rise Apartments Zone) COZ-1 (Corridor Overlay Zone) Present Use: 3 Apartment Buildings (Total 144 units) Proposed Use: Planned Neighborhood Design Senior Citizen Housing Option 4 Apartment Buildings (Total 192 units) PND Considerations: Alternative Design Standards for PND approved for: Average Lot Area per Dwelling Unit, Minimum Lot Area per Dwelling Unit, Off-Street Parking Reduction, Building Spacing, Building Height, Number of Stories, Lot Coverage, and Average Number of Dwelling Units Per Building Waiver Recommended: Zoning Ordinance Article 5 § 17.3 and 17.5(a) Elimination of the Emergency Rear Access PLAN SUMMARY This Conditional Use Site Plan is for The Grande, Building 4 to establish a Planned Neighborhood Design development of Senior Citizen Housing. The plan proposes construction of a four story 62,240 SF apartment building of 48 units (Building 4) and other associated site improvements at the existing apartment complex which consists of three apartment buildings known as The Grande. With this project, the complex will consist of a total of 192 apartment units of Senior Housing. The property is 6.7326 acres ± and is zoned RG-5 (General Residence Zone for Mid-Rise Apartments) and subject to the COZ-1 (Corridor Overlay Zone). The property is located on the north side of Forrest Avenue (Route 8) just west of the Saulsbury Road intersection. The owner of record is Doveview Investors, LLC. Property Addresses: 101-405 Doveview Drive. Tax Parcel: ED05-076.07-01-30.00-000. Plan of The Grande PND-SCHO Site This project proposes to develop 6.7326 acres +/- with a series of four (4) apartment buildings P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

C-15-04 The Grande, Building 4: Planned Neighborhood Design – Senior Citizen Housing Option Petition to Waive a section of the Zoning Ordinance Planning Commission Report from December 16, 2015 Meeting Page 2 of 4 for the senior citizen community. There are three (3) existing apartment buildings on the project site constructed under Site Plan S-11-12. This continuation of The Grande project proposes the construction of a fourth apartment building as the housing unit style. Overall, this complex would provide 192 dwelling units and a site density of 28.5 dwelling units/acre. Site Layout: The apartment buildings are arranged a quad of buildings facing a central open space where the stormwater management pond is located. Surrounding the outside perimeter of the building quad are the parking lot areas. A series of sidewalks and walking paths around the pond link the buildings of the site. There are recreation areas at the northeast and southwest corners of the building quad. Entrance The Grande PND-SCHO site has two points of ingress and egress. The main entrance for the apartments is located off of Forrest Avenue and is known as Doveview Drive. This entrance is a shared entrance between the apartments, bank, pharmacy, and the vacant parcel of land to the west. The second entrance is located off of Saulsbury Road in the form of a drive aisle network providing cross access among several properties. Cross access to the Modern Maturity Center property to the west is shown as a wide walking path/golf cart path only. Waiver Request: Elimination of Emergency Rear Access Requirement for Apartment Building The Zoning Ordinance requires a 24 foot primary fire lane to provide emergency access to the rear of the four story apartment buildings (Article 5 §17.5(a)). The Ordinance provides for consideration of a waiver of the emergency access requirements; see Code citation as follows: Article 5 Section 17. - Emergency access requirements. (1) General purpose. The purpose of this section is to establish standards and requirements for the fire protection of structures and inhabitants by providing emergency vehicle access to structures that enable the City of Dover Bureau of Fire to approach and attack fires in such a way that there is a reduced threat to the lives and safety of citizens. (2) Waiver. Should the planning commission determine, after demonstration by an applicant, that alternative means of fire protection can be provided which are equivalent to or greater than the public safety protection provided by this ordinance, then the planning commission may recommend to [the] city council to waive certain provisions of this ordinance that are not required under other city or state laws. The plan currently does not provide this rear fire lane; the applicant is requesting a waiver for the elimination of this requirement. The building has fire protection requirements under the Fire Codes including the following: required the building to be sprinklered (wet and dry fire protection systems), fire alarms in the building and fire lane coverage of the building. The existing circulation layout provides a twenty-four (24) foot fire lane access drive across the front building main entry side (long side) of each building. Several buildings also are adjacent to the fire lane/access drive covering the end (short side) elevation. The Fire Marshal’s comments related to fire protection measures for the project are attached to this report. The requested waiver is further summarized in the following chart:

C-15-04 The Grande, Building 4: Planned Neighborhood Design – Senior Citizen Housing Option Petition to Waive a section of the Zoning Ordinance Planning Commission Report from December 16, 2015 Meeting Page 3 of 4 Zoning Ordinance Required Proposed Waiver Emergency Rear Access Twenty-four (24) foot primary None. The Elimination of for Four story and greater fire lane for rear access sidewalk the required rear apartment buildings network fire lane. internal to the site exists at rear of building. Staff Recommendation on Waiver Request for Elimination of Emergency Rear Access Requirement Planning Staff recommends approval of the Waiver Request to eliminate the 24 foot rear fire lane requirement. The existing apartment buildings and the proposed Building #4 are (or proposed to be) sprinklered and include fire alarm systems. The Fire Marshal’s Office has provided comments regarding compliance with fire protection regulations. Staff recommends approval of this waiver request finding that the building will be sprinklered and will include the other required fire lane coverage per NFPA and State Fire Prevention Regulations. Findings and Recommendations of the Dover Planning Commission A written waiver request for the elimination of the rear access requirement was submitted for consideration by the Planning Commission. Planning Commission formulated a recommendation as part of the review of the project. This Report with their recommendation is forwarded to the Safety Advisory and Transportation Committee and City Council who has the final authority to grant the request for the elimination of the emergency rear access for the apartments. The Planning Commission at its meeting on December 16, 2015 reviewed the proposed waiver request as part of its review of the Conditional Use Site Plan for The Grande, Building 4: Planned Neighborhood Design – Senior Citizen Housing Option.  The Planning Commission granted conditional approval of the Conditional Use Site Plan to establish The Grande PND: SCHO to consist a total of four (4) apartment buildings (192 units) for an age restricted senior citizen community. The Planning Commission noted that this will allow for the expansion of the existing apartment complex in an urban setting and provide a needed housing type.  The Planning Commission approved a series of PND Alternative Design Standards addressing bulk standards and a reduction of the parking requirement, the Active Recreation Plan, and reaffirmed that vehicle access is not desired between The Grande property and the adjacent Modern Maturity Center property.  The approval is subject to the Development Advisory Committee Report (with agency comments) and including adoption of the Staff Recommendations.  The Planning Commission recommends approval of the waiver for the Elimination of the Emergency Rear Access. Pursuant to Zoning Ordinance, Article 5 §17.5(a), the

C-15-04 The Grande, Building 4: Planned Neighborhood Design – Senior Citizen Housing Option Petition to Waive a section of the Zoning Ordinance Planning Commission Report from December 16, 2015 Meeting Page 4 of 4 Planning Commission recommended approval of the waiver for the elimination of the Emergency Rear Access requirement for a twenty-four (24) foot primary fire lane. They noted that the proposed building would be sprinklered and it will meet the fire protection codes.  The motion passed unanimously 6-0 of the members present. Attachments: Plan Sheets: F-100 Cover Sheet, F-103 Utilities Plan, L-100 Landscape Plan & Recreation Plan, and L-102 Signage and Striping Plan The Grande Project Narrative/Waiver Request of November 6, 2015 DAC Report Comments from the Fire Marshal’s Office Excerpt of Planning Commission Meeting Minutes of December 16, 2015 *The complete application file C-15-04 The Grande, Building 4: Planned Neighborhood Design – Senior Citizen Housing Option including complete plan set and full Development Advisory Committee (DAC) Report are available at the Planning Office.

The Grande Project Narrative / Waiver Request November 6, 2015 The original approved Site Plans for Doveview were prepared by Larson Engineering, Inc. in 2006. The Larson Plans were approved with 4 buildings utilizing the Senior Housing Option in place at that time, which required that the head of household must be at least 55 years of age. Those plans were superseded by the Becker Morgan Group and then Northpoint Engineering plans renamed The Grande. The plans proposed 3 buildings and were compliant with the current City of Dover Code at the time for apartments. There was no age restriction put on the site due to uncertainty in the housing market at the time. The Final Site Plan application for The Grande (S-11-12) was approved by the City of Dover Planning Commission on August 15, 2011. The site was constructed to those approved plans with 3 buildings compliant with the apartment regulations. The apartments are fully leased with a waiting list. A Declaration of Restrictions was recorded on July 29, 2015 to restrict the age of the residents of the units. The Declaration of Restrictions is revocable as it stands. Once construction was completed, the Site was finalized. Therefore any changes to the site – such as adding a 4th building – will require a new complete application and will follow the procedure for new plans in the City of Dover. A Conceptual Sketch Plan - Application MI-14-06 The Grande Planned Neighborhood Design – Senior Citizen Housing Option was submitted in 2014. Dwelling Units / Building and Building Height The three (3) existing buildings on the site are 4-story with 48 dwelling units / building. The buildings each have 3 elevators per building, with each elevator serving 4 dwelling units per floor. We hereby request an alternatives to Article 3 Section 24 – Planned Neighborhood Design (PND) Option and Article 4 – Zoning Bulk and Parking Regulations, requiring that the Maximum Building Height = 2 stories, and Maximum Dwelling Units per Building = 24. We propose to construct a 4th building on the site, 4 stories in height with 48 dwelling units, to be similar to existing Building #3 on the site, with 3 elevators in the building to serve 4 units per floor. Parking Parking for the Approved Plans in effect at this time require 2.25 spaces / dwelling unit (144 DU’s) = 325 spaces. There are currently 325 spaces provided on the site. We hereby request an alternatives to Article 3 Section 24 - Planned Neighborhood Design (PND) Option and Article 4 – Zoning Bulk and Parking Regulations, to provide 1.25 spaces / dwelling unit (192 DU’s) = 240 spaces. Our plan proposes 250 spaces on the site. The apartments are fully leased and 131 vehicles are registered to those residents at this time. Parking counts were conducted from October 31 thru November 2 and the results are as shown below. 102 Larch Circle, Suite 203 Newport, Delaware 19804 phone: 302-992-9881 fax: 302-658-0618

Saturday - October 31, 2015 at 7:00 AM = 128 vehicles Saturday - October 31, 2015 at 7:00 PM = 115 vehicles Sunday - November 1, 2015 at 7:00 AM = 111 vehicles Sunday - November 1, 2015 at 7:00 PM = 133 vehicles Monday – November 2, 2015 at 7:00 AM = 129 vehicles Monday - November 2, 2015 at 11:00 AM = 121 vehicles Monday - November 2, 2015 at 7:00 PM = 121 vehicles Our plan proposes one additional building with 48 DU’s and will provide 250 parking spaces on the site. Active Recreation Area The current plans are already utilizing an exception to the Article 5 Section 10 – Open space and other public facilities, which requires 275 SF / dwelling unit (144 DU’s) = 39,600 SF active recreation area. The current plans require 150 SF / dwelling unit (144 DU’s) = 21,600 SF active recreation area. The actual active recreation area on the site is 21,975 SF. This plan proposes an additional 48 age-restricted dwelling units on the site. According to the calculations - 150 SF / dwelling unit (192 DU’s) = 28,800 SF, these plans require an additional 6,825 SF of active recreation area. With the proposed 4th building on the site, there is no area available to provide this additional area. In addition, as part of the each resident’s lease, the annual membership fee for the adjoining Modern Maturity Center is paid yearly. Waiver Request We are hereby requesting a waiver of the requirements of Article 5 Section 17 – Emergency access requirements, which requires a 24’ wide primary fire lane at the rear of the building. Attached is Sheet 1 of 4 of the Approved Fire Pump and Site Underground Plans as approved by the City of Dover Fire Marshal in 2008. The plans were approved for 4 buildings on the site. The site was constructed in accordance with the approved plans, with the exception of Building 4, which was not built. The existing buildings on site each have a wet fire protection system for floors 1, 2, 3, an4, and a dry system for the attic floor. The buildings are fully sprinklered. Smoke detectors are hard-wired and located in the kitchen, bathroom and hallways of each unit and in each elevator, per the National Electric Code. Each init and hallway also has horns and strobes for Fire Protection. There are 3 accesses to each building in the front and 3 in the rear. The fire protection system is fed by public water – City of Dover – and a Fire Pump located on site. Building #4 will be constructed in accordance with the approved plans and will have the same fire protection system as is currently installed in Buildings 1, 2, and 3.

C F I I C-15-04 T Y R E CITY OF DOVER O M DEVELOPMENT ADVISORY COMMITTEE F A R APPLICATION REVIEW COMMENTARY D S O H D.A.C. MEETING DATE: December 9, 2015 V A E L R APPLICATION: The Grande, Building 4: Planned Neighborhood Design-Senior Citizen Housing Option FILE #: C-15-04 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Matthew Brown, Deputy Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Proposed building is a 4 story Apartment building. Primary fire lanes are required to be 24 feet wide and cover the side of the building that has the primary entrance and exit. Fire lanes can be no closer than 10 feet to the building and no farther than 50 feet from the building. Fire lanes shall cover 35% of the proposed building. 2. Emergency access to rear building areas compliant with City of Dover Code (Article 5- Supplementary Regulations, Section 17); all four stories and greater buildings require 24ft fire lane at the rear. All two to three story apartment structures require an 18ft Secondary Fire Lane at the rear. All townhouses (3-8 units) with no fire protection require a 16ft alley at the rear. 3. The closest edge of fire lanes shall not be located further than 50ft from the exterior wall if one or two stories in height; 40ft if three or four stories in height; or 30ft if over four stories in height. 4. Building Access shall be no further than 50 feet from a primary entrance. Where buildings are provided with an automatic sprinkler system installed in accordance with NFPA 13, access shall be no further than 100 feet from the primary entrance. 5. Speed Reduction devices or any other like device used to reduce vehicle speed are prohibited per City of Dover Code of Ordinances. 6. Fire Lanes shall have an unobstructed vertical clearance of not less than 13ft 6in. 7. All Fire Lanes shall be marked in accordance with the adopted Delaware State Fire Prevention Regulations. All fire lane markings shall be in the color of “yellow”.

8. Perimeter access will be 75% and clearly shown on the plans. Perimeter Access minimum width shall be 15ft measured from the face of the building at grade with a maximum slope of 10%. Plantings and utility services shall be permitted within the perimeter access and shall not interfere with emergency services fire ground operations. 9. Address numbers of at least 12 inches in height must be placed on the street side of the building visible from the street. Label all suites if applicable. 10. Any natural or LP gas bottles, meters, values, regulators, etc., must have impact protection per City of Dover Code of Ordinances. 11. Full building and fire plan review is required. 12. Building cannot be occupied or construction or renovations started until completion of building and fire plan review. 13. All required means of egress shall have an exit discharge consisting of a non slip surface, and leading to and terminating at a public way. 14. Sprinkler system required. System is to be monitored by an approved Fire Alarm System. 15. Fire Department Connection is to be located within 50 feet of main entrance. Access to the Fire Department Connection must be clear unobstructed access as defined by the AHJ. 16. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 17. Fire Alarm System required per occupancy code requirements. 18. Knox Box required on all buildings. 19. Standpipes required. 20. Elevator cars to meet the interior dimensions set forth in the Delaware State Fire Prevention Code. 21. Buildings over 25,000 Sq. Ft are to have radio performance testing done by Delaware State Communications prior to Final CO. 22. Project to be completed per approved Site Plan. 23. Multiple Access Roads shall be provided when a fire department access road (fire lane) is determined by the Fire Marshal to be impaired by vehicle congestion, condition of terrain, climatic conditions, or other factors that could limit access such as placement of fire hose from fire equipment. ADDITIONAL / SPECIFIC REQUIREMENTS TO OBTAIN APPROVAL: 1. Impact protection required for Natural Gas Meters. Protection on existing buildings does not meet current City of Dover code.

2. Provide updated plans showing 35% Fire Lane coverage 3. Provide updated plans showing 75% Perimeter access. The 35% used for Fire Lane coverage can be used towards the perimeter access, leaving an additional 40% required. 4. Please provide waiver in regards to the Rear Emergency Access as defined by the City of Dover code. This office received no objection from the Dover Fire Department in regards to the waiver. Therefore, this office will consider a waiver when officially received. 5. Plans shall provide compliance as specified in the “City and State Code requirements” section of this document. Provide verbiage or show compliance for each specified area that applies. APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2012 NFPA Life Safety Code (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2012 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed.

Excerpt of Meeting Minutes for CITY OF DOVER PLANNING COMMISSION, December 16, 2015 The Regular Meeting of the City of Dover Planning Commission was held on Wednesday, December 16, 2015 at 7:00 PM with Chairman Mr. Tolbert presiding. Members present were Mr. Cregar, Colonel Welsh, Mr. Holt, Mr. Baldwin, Ms. Still and Mr. Tolbert. Mr. Holden, Dr. Jones and Mr. Ambruso were absent. Staff members present were Mrs. Townshend, Mr. Jason Lyon, Mrs. Dawn Melson-Williams, Mr. Bill Cook and Mrs. Mullaney. NEW DEVELOPMENT APPLICATIONS 1) C-15-04 The Grande, Building 4: Planned Neighborhood Design – Senior Citizen Housing Option – Public hearing and Review of a Conditional Use Site Plan to establish a Planned Neighborhood Design development of Senior Citizen Housing. The plan proposes construction of a four story 62,240 SF apartment building of 48 units (Building 4) and other associated site improvements at the existing apartment complex which consists of three apartment buildings known as The Grande. With this project, the complex will consist of a total of 192 apartment units of Senior Housing. The property is 6.7326 acres ± and is zoned RG-5 (General Residence Zone for Mid-Rise Apartments) and subject to COZ-1 (Corridor Overlay Zone). The property is located on the north side of Forrest Avenue (Route 8) just west of the Saulsbury Road intersection. The owner of record is Doveview Investors, LLC. Property Addresses: 101-405 Doveview Drive. Tax Parcel ED-05-076.07-01-30.00-000. Council District 1. Waiver Requests: Alternative Design Standards for Alternative Design Standards for Average and Minimum Lot Area, Building Spacing, Building Height & Number of Stories, Lot Coverage, Number Dwelling Units Per Building and Off-Street Parking; and the Elimination of Rear Emergency Access Requirements. Project includes review of an Active Recreation Plan. Representatives: Ms. Monika Sloan, Northpoint Engineering; Mr. Mark Prata, Doveview Investors Mrs. Melson-Williams stated that this is a Conditional Use Site Plan application that is for the project known as The Grande, Building 4. It’s seeking approval under the Planned Neighborhood Design Senior Citizen Housing option. The location map places this property on the north side of Route 8 just west of the intersection with Saulsbury Road. The property is currently zoned RG-5 (General Residence Zone for Mid-Rise Apartments) and is also subject to the COZ-1 (Corridor Overlay Zone). The project tonight proposes what is a fourth building. Currently, there are three (3) apartment buildings on the property. These were constructed with previous applications; most specifically and recently a Site Plan in 2011 for the construction of these three (3) buildings as apartments under the RG-5 (General Residence Zone for Mid-Rise Apartments) provisions. Looking at the site, this would be the building that is closest to the Route 8 Corridor. Currently, the area is a parking lot at the site as it stands today. The review process for a Planned Neighborhood Design is somewhat special. This is the presentation of the Conditional Use to the Planning Commission. With a Senior PND, there’s an opportunity for a variety of different housing types. They are choosing the apartment style of construction. What makes it a Senior Citizen Housing project is that the City’s Code requires that the head of household for each housing unit be at least 55 (fifty-five) years of age. That has to be proven to the City. The plan itself is a quad of buildings. Central to the project is the existing 1

Excerpt of Meeting Minutes CITY OF DOVER PLANNING COMMISSION DECEMBER 16, 2015 stormwater management pond; it’s ringed by the four apartment buildings all of which are four story. This is the submission for the fourth building which consists of forty-eight (48) units. The total number of units on the site would be one hundred ninety-two (192) apartment units which gives the project a density of 28.5 dwelling units per acre. That is something that the Planning Commission needs to determine that it is compatible with the development pattern in the surrounding area. It’s one of the provisions to be met with the use of the Planned Neighborhood Design option. With the Planned Neighborhood Design, there is the opportunity to consider Alternative Design Standards and this project is making that request in a number of areas. The report on page 4 provides a chart that actually outlines all of those requests. They are specifically asking for alternative standards in the following areas: the average lot area, the minimum lot area (those are calculations of lot area per dwelling unit), the off-street parking provisions, the building spacing (spacing between buildings), building height and the number of stories, overall lot coverage and then the average number of dwelling units per building. Those are detailed in the chart. This project as mentioned also falls within the Corridor Overlay Zone. There are a number of provisions related to design of the site and the building that are required in the Corridor Overlay Zone. The applicant is proposing to replicate the same architecture that exists on the property today which has kind of a detailed watertable that is done in a stone veneer and that stone veneer is carried vertically in several locations to mark main entrances to the building. The remaining wall surfaces are vinyl siding and it does have a pitched roof and other details are brought forth with the balconies and the other trim-work on this property. Some considerations related to the site to be aware of are the Delaware Route 8 Concept and Operation Study that they reference for any projects within this corridor. That was a study that identified circulation improvements along the Route 8 Corridor and presented a variety of alternatives to address traffic conditions in that corridor. The Study identifies a potential improvement related to this property specifically in the form of an interconnection between this property and the adjacent Modern Maturity Center to the west. With the parking, she wants to highlight that specifically as one of the design standards that they are considering an alternative for this evening. Based on the regular parking requirement for apartment units, this project with a total of one hundred ninety-two (192) dwelling units would be required to have four hundred thirty-two (432) parking spaces. The applicant is seeking a reduction to that and would like to utilize a parking rate of 1.25 parking spaces per dwelling unit and that brings down their proposed requirement to two hundred fifty (250) parking spaces to serve the facility. There are handicap spaces that are identified on the site as well as bicycle parking spaces that would serve each of the buildings. The plan also provides information on sidewalk networks, dumpsters and lighting. The other specific waiver request for this project is related to elimination of the rear emergency access requirement for apartment buildings. In this case, the Planning Commission will make a recommendation that then has to be forwarded on to a City Council Committee and ultimately to City Council for final action. The emergency rear access requirement for a four story apartment building is that the rear fire lane be provided that is twenty-four (24) feet in width across the rear of the building. As you can see, the plan design does not account for that. The applicant is seeking the relief noting that the building does have fire protection requirements in the form of that 2

Excerpt of Meeting Minutes CITY OF DOVER PLANNING COMMISSION DECEMBER 16, 2015 it’s sprinklered. There are fire alarms in the building and there is fire lane coverage on the front and the side of the buildings. As mentioned before, this project also has an Active Recreation Plan. That plan was reviewed by the Parks Recreation and Community Enhancement Committee earlier this week. There was a specific report on the Active Recreation Plan that was provided to the Commissioners and that Committee. The Committee actually considered the project and then recommended that the Active Recreation Area Plan be approved subject to the Staff recommendations as provided in that report. With the Active Recreation Area Plan, they are looking to utilize three areas that currently exist on the property. One is a shuffleboard area that’s in the northeast corner, the horseshoe area in the southwest corner and then the walking path network that exists around the stormwater management pond. With all of this, they are still actually deficit in the amount of active recreation area that is to be provided due to the increase in number of residential units; the area is based on the number of units that you have. They have identified that in order to solve that deficient that they would be looking to consider utilization of the cash in lieu payment process to satisfy that. The plan does identify the series of tree plantings that would be required and there are also some other landscape plantings related to compliance with the Corridor Overlay Zone provisions. Their recommendation report does include the plan item elements that need to be clarified. There are a number of Staff recommendations beginning on page 10 of the DAC Report. Staff has provided recommendations in regard to the waiver requests in regards to the alternative design standards that they are requesting and the reduction in parking. While they find that those requests fit the character and the conditions for parking that appear to be occurring at the project site, they also are recommending approval of the elimination of the rear emergency access requirement. Recommendation 3 outlines the notes regarding the Route 8 Study that deals with interconnections and actually the provisions with the Zoning Ordinance that recommend for cross access provisions as well. They do note that there is an existing pedestrian and a golf cart pathway at this linkage between this Doveview property and the Modern Maturity Center property. It is actually located within an existing cross access easement that has been recorded but they do have to note that the Study recommended a design of something much greater than that to accommodate vehicular access as well to address traffic circulation in the whole Route 8 Corridor. They do note in the Report that both the applicants and the Modern Maturity Center do oppose the provisions to upgrade that interconnection to vehicular access. There’s actually some letters that have been received in that regard. Of note on previous action that the Planning Commission has taken in regards to this matter, in 2011 as part of the consideration of the rezoning of this property when it was being rezoned to RG-5 (General Residence Zone for Mid-Rise Apartments) the Planning Commission voted to remove the requirement for vehicular access but retain the requirement that there should be pedestrian and golf cart access between these two properties. Staff’s fourth recommendation deals with the placement of mechanical equipment. The balance of the DAC Report includes comments that are provided by the City’s Public Works Office, the Electric Department, the Fire Marshal’s Office, DelDOT regarding to road access, the Kent Conservation District and the Dover Kent County MPO. Mr. Tolbert questioned if the applicant agreed with the overview and if they had any comments or statements to make at this time regarding the application? Responding to Mr. Tolbert, Ms. Monika Sloan stated that they were pretty much in agreement with everything. They did send a letter earlier this week to the Parks Recreation and Community Enhancement Committee requesting for the fee 3

Excerpt of Meeting Minutes CITY OF DOVER PLANNING COMMISSION DECEMBER 16, 2015 in lieu of (Active Recreation Area) because as you can see on the colored plans, there is a little bit of green area left that they might be able to squeeze in some active space but it’s always nice to have open grass areas on the site. The other thing she wants to address is traffic; she is in the process of setting up a meeting with DelDOT. When this plan came in originally there were four (4) buildings and the site was designed for four (4) buildings. Two (2) of the buildings were constructed, the economy tanked and the bank ended up buying the site. It was then purchased by Doveview Investors and when they went to go finish construction on the site, the bank said that they did not think it was feasible to have an over fifty-five (55) community. The site was redesigned at that time to just do three (3) buildings and that’s why that extra parking lot is there; that was to provide all of the parking spaces required for three (3) buildings. Now they are coming back with the fourth building because it is an over fifty-five (55) community, the site is fully leased and there is a waiting list on the apartments. The reason they have requested the waivers to reduce the parking and things like that are to add that fourth building. They have done parking counts on the site. There are one hundred thirty-one (131) cars registered to the apartments. There are one hundred forty-four (144) apartments and at the busiest time, the most cars in the parking lot at one time were one hundred thirty-three (133) cars. They are proposing to provide two hundred fifty (250) parking spaces. The only other thing that has come up and continues to come up is the cross-over. What she has heard from what Mrs. Melson-Williams just said that has been addressed; everybody does not want vehicular traffic going through there. There are people here from the Modern Maturity Center; there are petitions that were signed by the residents and they are all in opposition to that because of the safety. They are afraid that it will become a cut through. Mrs. Townshend stated that they would want the Planning Commission to specifically address that issue in the motion just to make that clear because we have the Corridor Overlay Zone and the Route 8 Study that specifically recommend it but you also have obviously both property owners with serious concerns about it and the pedestrian safety that would be associated with that. They have been doing site visits and parking counts and people are walking all over the place. Not everybody walks on the sidewalk. A lot of people have dogs and you will find them walking down the street through the parking areas or on the sidewalks crossing the lot. They are just really afraid that if that vehicular access was constructed that it would be a safety hazard to everyone. Density was brought up; Mrs. Melson-Williams gave her some information on a couple other developments in the area. They are proposing 28.5; Luther Towers has 32.5 and Luther Village has 15.6 so they are right in that ball park. Mr. Holt questioned the customer owned secondary conductors and transformers; some kind of house mirror socket that would be lever-operated by pass? Mrs. Townshend questioned which page this comment was on? Responding to Mrs. Townshend, Mr. Holt stated that it was in the Electric Department comments, page 4 of 5. Mrs. Townshend stated that it’s a technical comment related to the construction. Responding to Mrs. Townshend, Mr. Holt stated that it’s some kind of all house meter sockets that would be operated by by-pass. He didn’t know if the residents would do that. Mrs. Townshend stated that Mr. Mark Prata could address that on behalf of the applicant. 4

Excerpt of Meeting Minutes CITY OF DOVER PLANNING COMMISSION DECEMBER 16, 2015 Mr. Prata stated that related to the three (3) buildings that were already built, the City of Dover sets a transformer. It is the contractor’s responsibility to pick the electric up at the transformer and run it to where the electric meters are located on the building. Each electric meter has to have its own disconnect switch that can be locked out for whatever reason. Mr. Cregar stated regarding the vehicular cross access, what Staff is really asking for the Commission to do if they are in agreement with no cross access to re-affirm the Planning Commission’s actions from 2011? Responding to Mr. Cregar, Mrs. Townshend stated yes. Mr. Tolbert opened a public hearing. Ms. Carolyn Fredericks – Modern Maturity Center 1121 Forrest Avenue Dover, DE 19901 Ms. Fredericks stated that she is the Executive Director for the Modern Maturity Center. She did receive notice of this meeting tonight. She is here to speak on behalf of The Grande apartments. She favors the additional construction because it is the fastest growing segment of our population and they have a waiting list and they are all waiting to come over to the Modern Maturity Center. However, she is here to speak against a vehicular access. Have you have been in the Modern Maturity Center’s parking lot? Can you imagine people driving through our parking lot now? If they connected the access there and the people would come right across, they would be going the wrong way, and they would be meeting on-coming traffic because the traffic behind the building goes the opposite direction. If they diverted to the left and went in front of the building that is where the buses drop off all of their clients and it is also the bus route for DART so there is a lot of heavy traffic already there. It is a major safety concern; people do walk their dogs from next door in their parking lot but there is a lot of pedestrian traffic and it would be unsafe. She is asking that the Commission re-affirm their previous decision to not connect for any vehicle traffic. They have a walking path there which is wide enough for a golf cart to get through to bring people back and forth. Mrs. Melson-Williams stated that they did receive a letter dated December 10, 2015 from the Modern Maturity Center signed by Ms. Fredericks and it reflects what she just shared with the Commission and it was provided to the Commission members on their desks this evening. Also on their desks is a copy of a petition that was received titled The Grande Apartments Pedestrian Walkway to Modern Maturity Center and it states: “We the below listed residents of The Grande Apartments in Dover do hear by register our opposition to the proposed conversion of the existing pedestrian walkway between The Grande and the Modern Maturity Center to a roadway for vehicles. We strongly believe that the vehicle traffic created by this roadway will be a tremendous threat to our safety.” There are four pages of signatures. Staff did not do any kind of double checking for proof of residency but the listing includes a printed name, a signature and then an apartment number. There are a total of one hundred twenty-seven (127) signatures on that document. Mr. Tolbert closed the public hearing. Mr. Cregar moved to approve C-15-04 The Grande, Building 4: Planned Neighborhood Design – Senior Citizen Housing Option and to include the waivers for the minimum lot area, building spacing, building height and stories count and lot coverage; these Alternative Design Standards as 5

Excerpt of Meeting Minutes CITY OF DOVER PLANNING COMMISSION DECEMBER 16, 2015 the Planning Staff has already indicated in their report allows for the expansion of an existing apartment complex in this urban setting and also a needed housing type within this area. Also, to include a waiver for parking to allow a minimum of 1.25 parking spaces (per dwelling unit); they did a parking study which supports this reduction. Also, recommending to City Council for the elimination of the emergency rear access because the building will be sprinklered and will meet the Fire Protection Code. Also, supporting the Recreation Plan and fee in lieu of Active Recreation Area. And to re-affirm that the Planning Commission does not want vehicular access between the Modern Maturity Center and The Grande, that they will leave it pedestrian and gold cart access, seconded by Colonel Welsh and the motion was unanimously carried 6-0 by roll call vote with Mr. Holden, Dr. Jones and Mr. Ambruso absent. Mr. Cregar voting yes, for all the reasons stated. Colonel Welsh voting yes, for all of the reasons previously stated and the fact that it’s a common sense continuation of the project. It’s been a godsend, he appreciates all of the hard work put into it and it’s a great addition to the community. Mr. Holt voting yes, for all of the reasons stated by Mr. Cregar and it’s definitely needed in the area. Mr. Baldwin voting yes, based on the comments stated in the motion. Ms. Still voting yes, in concurrence with all of the reasons stated in the motion. Mr. Tolbert voting yes, for all of the reasons stated in the motion and during the public hearing. We certainly have a need for senior citizen housing. Minutes Prepared by: Kristen Mullaney, Secretary 6

ACTION FORM PROCEEDING: Legislative, Finance and Administration Committee AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Works DATE SUBMITTED: 1/15/16 PREPARED BY: Sharon Duca, P.E., Public Works Director / City Engineer SUBJECT: Persimmon Park Place Drainage Project REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager, Controller EXHIBITS: Attachment A – 21st Century Fund Agreement, Attachment B – Community Transportation Fund (CTF) Agreement, Attachment C – URS Persimmon Park Place Drainage Engineering Proposal EXPENDITURE REQUIRED: $27,250 AMOUNT BUDGETED: $0 FUNDING SOURCE (Dept./Page in CIP & Budget): Delaware Department of Natural Resources (DNREC), Division of Watershed Stewardship, Delaware Department of Transportation (DelDOT) CTF Agreement TIME TABLE: Authorization to consultant will occur within thirty (30) days of executed agreements RECOMMENDED ACTION: Authorize staff to execute the two (2) agreements to fully fund the Persimmon Park Place Drainage Project. No City of Dover money will be used to pay for the design phase of this project. BACKGROUND AND ANALYSIS Following an initial evaluation of Persimmon Park Place drainage issues in March of 2015, it was found that the entire community does not have adequate infrastructure to convey stormwater from the subdivision. A specific area of drainage concerns exists in the southern portion of the development, which is categorized as wetlands. These drainage issues directly impact the rear lots of the properties as the conveyance system runs north toward Persimmon Tree Lane. City staff met with DNREC personnel, along with state representatives to discuss the findings on May 14, 2015. Following the meeting, DNREC staff stated that further design work can be initiated through the 21 st Century Fund, which would cover ninety-percent (90%) of the design cost. State representatives agreed to fund the remaining ten-percent (10%) through Community Transportation Funds. This design costs will be totally covered by non-City funds. The deliverables for this design will include a preliminary drainage plan, final drainage plan and creation of bid documents.

Grant Agreement No.: K-2016-007 Attachment A PROJECT AGREEMENT PERSIMMON PARK PLACE CITY OF DOVER K-2016-007 TWENTY-FIRST CENTURY FUND RESOURCE CONSERVATION AND DEVELOPMENT PROJECT (FY16) KENT COUNTY, DELAWARE THIS GRANT AGREEMENT (“Agreement”) is made as of , 20 (“Effective Date”) by and between The State of Delaware, Delaware Department of Natural Resources, Division of Watershed Stewardship (“Grantor”), and City of Dover (“Grantee”). WITNESSETH: WHEREAS; Senate substitute #1 for Senate Bill 160 of the 148th General Assembly, appropriated funds from the Twenty-First Century Fund for Resource Conservation and Development Projects dedicated to improve the health of communities by addressing a variety of State-wide watershed and drainage issues consistent with the policies of the Cabinet Committee on State Planning Issues; and WHEREAS, said appropriations provide funds for projects located in Kent County; and WHEREAS, Senate substitute #1 for Senate Bill 160, Section 94 of the 148th General Assembly requires that monies appropriated from the Twenty-First Century Fund have a funding match of at least 10%; and WHEREAS, Resource Conservation and Development Projects have been approved by the Joint Legislative Committee on the Capital Improvements Program; and NOW THEREFORE, in consideration of the mutual promises contained herein and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. It is mutually agreed that the Persimmon Park Place Drainage Project (“Project”) shall be designed at an estimated cost of $27,250.00. 2. It is mutually agreed that the Project will utilize Twenty-First Century Funds and non Twenty-First Century Funds as shown in the table below: Page 1 of 8

Grant Agreement No.: K-2016-007 Attachment A Project Name Funds Provided by Funds Provided Description Resource, Conservation by Grantee & Development 21st Century Fund Persimmon Park Place Design and bid the Persimmon FY16 $24,525.00 $2,725.00 Drainage Project Park Place Drainage Project. 3. Obligation(s) of Grantee. (a) Grantee shall use the Grant Funds to carry out the Project described in the Attachments hereto as Appendix A: URS – Persimmon Park Place Proposal, URS Engineering Services Contract #14-0029PW. The aforementioned document is specifically incorporated into this Agreement and made a part hereof. (b) Upon incurring eligible expenses, Grantee shall submit to Grantor an Invoice describing the work completed, date of work completed, current invoice amount, amount spent to date and remaining funding balance. Invoice shall clearly note the project name and purchase order number in the “Bill to” section. (c) Grantee shall appoint a “Project Manager” or “Contact Person” who will oversee the completion of the Project and serve as a person of contact for Grantee in communications with Grantor. Grantee will notify Grantor of changes to the “Project Manager” or “Contact Person” within a reasonable time not to exceed thirty (30) days. (d) Grantee shall undertake to conduct and complete the Project in a professional and competent manner. Grantee shall take reasonable efforts to assure that the Project is in conformance with all pertinent federal, state, and local statues, codes, ordinances, resolutions and other applicable regulations. Grantee shall solely bear the costs of permits and other relevant costs required in the performance of the Project. (e) Grantee shall supply to Grantor documentation of the funds provided by the Grantee for the completion of this Project. The Grantee shall keep accurate records of the expenditure of all funds related to this Project. (f) Grantee shall provide the required matching funds in the amount of two thousand and seven hundred fifty dollars ($2,750.00) toward the cost of development of the project as described in Appendix A. (g) Grantee shall keep accurate records of the expenditures of the grant funds. Appropriate internal control procedures should be established by the Grantee. (h) Grantee request for reimbursement of eligible expenses may be made as the work progresses, but not more frequently than one reimbursement request per month. (i) All documentation supporting the claim for reimbursement must be kept readily available for examination by the State. The financial records, including all Page 2 of 8

Grant Agreement No.: K-2016-007 Attachment A documents to support entries on the accounting records and to substantiate charges for each project, shall be included as part of the required documentation. All such records shall be retained and available for inspection for a period of three years after final payment. (j) Upon completion of the project, Grantee shall provide to Grantor all final construction documents and associated electronic files. 4. Obligations of Grantor; Disbursement & Limitation of Grant Funds. (a) Grantor shall serve as administrator of the Grant Funds under this Agreement. Grantor shall furnish Grant Funds to Grantee on a reimbursable basis. Upon incurring eligible expenses, Grantee shall submit an Invoice to Grantor for payment. (b) Grantor shall reimburse Grantee within thirty (30) days of receipt of Invoice. If Grantor disputes a portion of the Invoice, Grantor agrees to pay the undisputed portion of the Invoice within thirty (30) days of receipt and to provide Grantee a detailed statement of Grantor’s position on the disputed portion of the Invoice within thirty (30) days of receipt. (c) Grantor shall not be obligated to reimburse Project costs incurred by Grantee on a date before a Purchase Order allocating the Grant Funds has been approved by the Delaware Department of Finance. Grantor shall notify Grantee within a reasonable time not to exceed fourteen (14) days of when the Purchase Order has been approved. Grantee shall be solely responsible for all costs and expenses incurred before a Purchase Order allocating the Grant Funds is approved. Grantor’s total liability that may become due under this Agreement is limited to the total maximum expenditure(s) authorized in Grantor’s Purchase Order. (d) Grantor’s obligation to reimburse Grantee will not exceed the total amount of Grant Funds ($24,525.00) awarded to Grantee from the Resource, Conservation & Development 21st Century Fund and authorized in the Purchase Order. Grantee is solely responsible for any and all costs or expenses incurred in excess of the Grant Funds awarded. Grantor is in no way liable for any such excess costs, fees or expenses. (e) Grantee shall submit its Final Invoice within Sixty (60) days of completing the Project. Any awarded Grant Funds remaining after Grantor has made its final reimbursement to Grantee shall be returned to the Resource, Conservation & Development 21st Century Fund. (f) Grantor reserves the right to withhold disbursement of Grant Funds if Grantor determines, in its sole discretion, that Grantee’ performance or completion of the Project is in violation of any federal, state, or local law or rule; or creates a risk to the public health, safety or environment. (g) Grantor is a sovereign entity, and shall not be liable for the payment of federal, state and local sales, use and excise taxes, including any interest and penalties from any Page 3 of 8

Grant Agreement No.: K-2016-007 Attachment A related deficiency, which may become due and payable as a consequence of this Agreement. 5. Term. This Agreement shall commence upon the execution of this Agreement by the parties, including the issuance of a Purchase Order allocating the Grant Funds, and shall continue until Grantor provides Grantee its final disbursement of Grant Funds due on Grantee’s Final Reimbursement Request Form; or for One (1) year from the Execution Date, whichever occurs first. The parties may agree, by writing, to extend this Agreement for a mutually agreeable term to be specified in the writing. 6. Independent Status. It is understood that Grantee is an independent entity, and is not an agent or employee of Grantor. Grantee shall complete the Project in its own manner and method. Grantee shall be solely responsible for, and shall indemnify, defend and save Grantor harmless from all matters relating to the payment of its employees, including compliance with social security, withholding and all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever. 7. Modifications. Grantee shall provide written notice to Grantor within a reasonable time not to exceed Thirty (30) days of planned changes or modifications which impact the scope, purpose, objectives, or nature of the Project for which the Grant Funds were awarded. If Grantor determines that the changes or modifications are of such significance as to no longer qualify the Project for Grant Funds, Grantor may terminate this Agreement in its discretion. 8. Assignment. Any attempt by Grantee to assign or otherwise transfer any interest in this Agreement without the prior written consent of Grantor shall be void. 9. Termination. (a) Grantor may, by written notice to Grantee, terminate this Agreement if it is found that gratuities (in the form of entertainment, gifts, or otherwise) were offered or given by Grantee or any agent or representative of Grantee to any officer or employee of the State of Delaware or Grantor with a view toward securing a contract or securing favorable treatment with respect to the awarding of Grant Funds or making of any determinations with respect to the performance of this Agreement. (b) If sufficient funds are not appropriated by the Delaware General Assembly, or other appropriate federal or state agency, to sustain in whole or in part Grantor’s performance under this Agreement; or if such appropriation is reduced such that the amount of the appropriation is insufficient to sustain said performance; this Agreement shall be null and void at the insistence of Grantor. Funds cannot be recalled or otherwise taken back once disbursed to Grantee. (c) Grantee acknowledges that Grantor has an obligation to ensure that public funds are not used to subsidize private discrimination. Grantee recognizes that if it refuses to hire or do business with an individual or company due to reasons of race, color, gender, ethnicity, disability, national origin, age, or any other protected status, Page 4 of 8

Grant Agreement No.: K-2016-007 Attachment A Grantor may declare Grantee in breach of this Agreement, terminate this Agreement, and designate Grantee as non-responsible. (d) Grantee warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, or a percentage, brokerage or contingent fee. For breach or violation of this warranty, Grantor shall have the right to terminate this Agreement. 10. Indemnification. Grantee shall indemnify and hold harmless Grantor, the State of Delaware, its agents and employees, from any and all liability, suits, actions or claims, together with all reasonable costs and expenses (including attorneys’ fees) directly arising out of (A) the negligence or other wrongful conduct of Grantee, its agents or employees, or (B) Grantee’s breach of any material provision of this Agreement not cured after due notice and opportunity to cure, provided as to (A) or (B) that (i) Grantee shall have been notified promptly in writing by Grantor of any notice of such claim; and (ii) Grantee shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise. 11. Insurance. (a) Grantee shall maintain the following insurance during the term of this Agreement or any extension thereto: 1. Worker’s Compensation and Employer’s Liability Insurance in accordance with applicable law, and 2. Comprehensive General Liability - $1,000,000.00 per occurrence/$3,000,000 general aggregate, and 3. Medical/Professional Liability - $1,000,000.00 per occurrence/$3,000,000 general aggregate; or 4. Miscellaneous Errors and Omissions - $1,000,000.00 per occurrence/$3,000,000 general aggregate, or 5. Product Liability - $1,000,000.00 per occurrence/$3,000,000 general aggregate, and 6. If required to transport state employees, Automotive Liability Insurance covering all automotive units used in the work with limits of not less than $100,000 each person and $300,000 each accident as to bodily injury and $25,000 as to property damage to others. (b) Grantee shall provide Forty-Five (45) days written notice of cancellation or material change of any policies. (c) Before any activity in furtherance of this Agreement is undertaken by Grantee, the Certificate of Insurance and/or copies of the insurance policies, referencing the Page 5 of 8

Grant Agreement No.: K-2016-007 Attachment A Agreement Number stated herein, shall be filed with the State. The certificate holder is as follows: DNREC, Division of Watershed Stewardship. (d) In no event shall the State of Delaware be named as an additional insured on any policy required under this Agreement. 12. Notices. All notices, reports or other written communication required or permitted herein shall be given in writing to the addresses set forth below: If to Grantor: DNREC Drainage Program Attn: Lara Jennings 21309 Berlin Rd, Unit 6 Georgetown, DE 19947 Phone: 302-855-1930 If to Grantee: City of Dover Department of Public Works Attn: Jason Lyons P.O. Box 475 Dover, DE 19903 13. Force Majeure. Neither party shall be liable for any delays or failures in performance due to circumstances beyond its reasonable control. 14. Entire Agreement; No Oral Modification. This Agreement constitutes the entire agreement pertaining to the subject matter hereof between Grantor and Grantee. Neither this Agreement nor any Appendix may be modified or amended except by the mutual written agreement of the parties. The provisions of this Agreement supersede all prior oral and written applications, quotations, communications, agreements and understandings of the parties with respect to the subject matter of this Agreement. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by the party against which it is sought to be enforced. 15. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, except where Federal Law has precedence. Grantee consents to jurisdiction and venue in the State of Delaware. 16. Severability. If any term or provision of this Agreement shall be held illegal, invalid or unenforceable by a Court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. Such term or provision held invalid shall be deemed modified to the extent necessary in the Court’s opinion to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements of the parties herein set forth. Page 6 of 8

Grant Agreement No.: K-2016-007 Attachment A 17. Captions. The captions in this Agreement are inserted only for the purpose of convenient reference and shall not be construed to define, limit or prescribe the scope or intent of this Agreement or any part thereof. 18. Surviving Clauses. The following clauses survive the termination of this Agreement: Section 5 “Indemnification;” Section 10 “Governing Law.” 19. Miscellaneous Provisions. (a) The rights and remedies of Grantor provided for in this Agreement are in addition to any other rights and remedies provided by law. Grantor and the State of Delaware do not waive its sovereign immunity by entering into this contract and fully retain all immunities and defenses provided by law with regard to any action based on this Agreement. (b) Grantee will not use the State of Delaware’s name or the Great Seal of the State of Delaware, either expressly or impliedly, in any of its advertising or soliciting materials without the State of Delaware’s express written consent. (c) Grantee certifies that the information reported herein is true, accurate and complete to the best of Grantee’s knowledge based upon reasonable diligence of individuals with material knowledge of the Project. Grantee understands that these representations are made in support of claims for government funds. [This section left intentionally blank, signatures follow] Page 7 of 8

Grant Agreement No.: K-2016-007 Attachment A IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the date and year first above written. GRANTOR STATE OF DELAWARE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL Witness: Name: Title: Date: Date: GRANTEE CITY OF DOVER Witness: Name: Title: Date: Date: Page 8 of 8

Attachment B

Attachment B

Attachment B

Attachment C

Attachment C

Attachment C

CITY OF DOVER PROPOSED ORDINANCE #2016-06 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Chapter 26 - Businesses, Article II - Licenses, Section 26-40 - License Issuance, Expiration and Form 4 of the Dover Code be amended by deleting the text indicated in red strikeout and inserting the bold, blue 5 text, as follows: 6 Sec. 26-40. - License issuance, expiration and form. 7 Upon proper application and payment of the prescribed fee, a license shall be issued to each such applicant, 8 and shall be signed by the license officer, the city clerk, the fire marshal and the executive officer of the 9 board of health. Each such license shall be valid and effective from July August 1 of each year or the date 10 of issuance to June 30 July 31 of the following year. A record of all licenses issued and licensee fees paid 11 shall be maintained at the city hall. Each such license shall be upon a form provided by the clerk of the 12 council department of planning and inspections , which shall set forth the following information: 13 (1) The name and business address of the licensee; 14 (2) The trade, business or occupation for which the license is granted; 15 (3) The date of issuance of the license; 16 (4) The amount of the license fee paid to the city. 17 (Code 1968, § 18-20; Ord. of 3-12-1973, § 1(3)(b); Code 1981, § 11-9) 18 BE IT FURTHER ORDAINED: 19 That Chapter 26 - Businesses, Article II - Licenses, Section 26-42 - Penalty for Late Payment of License Fee 20 of the Dover Code be amended by deleting the text indicated in red strikeout and inserting the bold, blue 21 text, as follows: 22 Sec. 26-42. - Penalty for late payment of license fee. 23 In the event that the license fee set forth herein is not paid on or before July August 31 of each year, then 24 the licensee shall incur a penalty fee as provided for in Appendix F-Fees and Fines until the same is paid. 25 (Ord. of 3-12-1973, § 1(9); Code 1981, § 11-11; Ord. of 2-23-1998; Ord. No. 2009-09, 6-22-2009) 26 ADOPTED: * 27 S:\ORDINANCES\2016\DRAFT\ORDINANCE #2016-06 CH 26-BUSINESS, ART II-LICENSES, SEC 26-40 LICENSE ISSUANCE\Ordinance #2016-06 CH 26, ART II, SEC 26-40 LICENSE ISSUANCE 28 AND 26-42 PENALTY.wpd 29 SYNOPSIS 30 The amendments would bring the license renewal process in line with the fiscal year end. 31 (SPONSORS: HOSFELT AND TOWNSHEND) 32 Actions History 33 01/26/2016 - Scheduled for Introduction at Council Committee of the Whole/Legislative, Finance, and Administration 34 Committee meeting

CITY OF DOVER Comprehensive Annual Financial Report Fiscal Year Ended June 30, 2015

2 Financial Statements • Government-wide Statement of Net Position (Page 5) – Includes all capital assets and liabilities. Does not include full-reporting of OPEB (Other Post Employment Benefits) liabilities as currently not required by GAAP (Generally Accepted Accounting Principles). Two columns are shown. • First column for governmental activities which includes General Fund, Governmental Capital Project Fund, All Special Revenue (Grant) Funds. Worker’s Compensation Fund assets & liabilities are included. • Second column for business-type activities (Proprietary Funds). This column includes all activities related to the Water/Wastewater Utility and the Electric Utility. • Government-wide Statement of Activities (Page 6) – All activities (financial transactions) are reported on a GAAP basis. First column for city-wide expenses by function/program, second column is adjustment for allocation of indirect expenses, next three columns for program revenues and grants, far right three columns represent net program income/(expense) by fund type. • Governmental Fund Statements (Page 7, 8 & 9) – All General Fund and Grant Fund activities reported on a modified basis of accounting. No capital assets and no long-term liabilities. Considered, spendable resources within a year. Unassigned Fund Balance is adjusted for Unavailable revenue, prepaid items, and inventory. • Statement of Net Position and Statement of Revenues, Expenses and Changes in Fund Net Position – Proprietary Funds (Pages 10 & 11) – All activities of the Water/Wastewater and Electric Funds. • Statement of Net Position and Changes in Net Position – Fiduciary Funds – All activities of the Pension and OPEB Trust Funds as required by GAAP. Not included in the previous statements mentioned as they have been established as separate Trust for retirement benefits (CAFR Page 50). • The audit opinion is based on these Financial Statements.

3 Deferred Outflows/Inflows of Resources • Government Accounting Standards Board issued Statement 63 – Financial Reporting of Deferred Outflows of Resources, Deferred Inflows of Resources and Net Position • Definitions – • Net Position – The residual of all other financial statement elements presented in a statement of financial position. (Previously, Net Assets) • Deferred Outflows of Resources – the item meets the definition of an outflow of resources, but relates to a future period. An example would be a grant provided to a grantee before the grantee has met the related time requirements. • Deferred Inflows of Resources – Governmental funds defer recognition of revenue until amounts are considered to be available to liquidate the liabilities for the current period. Therefore, any past due revenues from prior periods must be eliminated and reported as unavailable revenue. • Unearned Revenue – Resources that are received for a future period prior to meeting eligibility requirements. Examples are property taxes and business licenses received in June for the following fiscal year.

4 Schedules & Combining Statements Schedules are budgetary reports prepared on a non-GAAP basis. For example, the City does not budget depreciation expense or compensated absence expense.  The General Fund Budget to Actual report for June 30, 2015 is located in Required Supplementary Information section of the CAFR, which follows the Notes to the Financial Statements (pages 109 & 110). All other individual fund Budget to Actual Reports are located in the Supplementary Information section of the CAFR (pages 121 – 142). These schedules are not required and therefore not audited. We include these schedules and the auditor’s do review them as they include budgets adopted by City Council.  The Supplementary Information section also includes combining statements. These are financial statements that combines the individual fund statements. For example, the Special Revenue Combining Statement of Net Position. This statement combines all the grant funds and the total is reported in the audited Financial Statement Section – Part C of the CAFR under the column heading Total Non-major Funds or Other Governmental Funds.

5

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8 Fund Balances (Note 7) – June 30, 2015

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12 Changes in Net Assets - FY15 as compared to FY14 Governmental Activities June 30, 2015 Governmental Activities (General Fund & Grant Funds) • Governmental net position decreased by $20.1 million primarily a result of the accounting for the City’s net pension liability as recorded in this fiscal year. In the past, the pension expense was the amount of the employer contribution. Current reporting provides a more comprehensive measure of pension expense which is more reflective of the amounts employees earned during the year. • Total revenues of $25.4 million were less than the prior year by $0.9 million. The reduction in revenues is primarily due to a large decrease in receipts for Capital Grants for State highway resurfacing projects in the amount of $0.9 million. Other decreases were in charges for services for licenses and permits, library and recreation fees and public works, Community and Economic Development, CDBG and Library and Recreation programs. The aforementioned decreases were offset by increases in Operating Grants across the Public Safety, Public Works, Library and Recreation functions as well as increases in property tax and transfer taxes. • Total expenses in the amount of $33.9 million reflect an overall decrease of $2.2 million from the prior year. Public works cost decreased by $2.7 million due to capitalizing the completed street and infrastructure for the Garrison Oak Technical Park. The indirect cost allocation to the enterprise funds decreased by $0.2 million which further reduced total expenses in the Governmental Activities. • Other Post-Employment Benefits decreased by $1.4 million in the current year and is no longer reported as a separate line item; the expense is now spread across its respective functions. The aforementioned decreases were offset by an increase in Public safety cost of $2.1 million as a result of recording the net pension liability to this function.

13 Changes in Net Assets Business Type Activities June 30, 2015 Business-Type Activities (Water/Wastewater & Electric) • The business-type activities saw a positive change in net position of $7.3 million. Both the water/wastewater and electric utilities experienced an increase in charges for services of $1.6 million and $0.3 million respectively. Capital grants and contributions for the utilities increased by $1.1 million. Similarly the expense for both the water/wastewater and the electric utility both decreased which resulted in a combined net decrease of $7.0 million. Transfers out to the General Fund increased by $2.0 million due to a change in policy adopted by City Council. • In the past, the pension expense was the amount of the employer contribution. Current reporting provides a more comprehensive measure of pension expense which is more reflective of the amounts employees earned during the year. • The water/wastewater utility had a positive change in net position of $4.7 million. The utility experienced an increase in operating income of $1.6 million from the previous year. The increase in operating income was primarily due to an increase in water, sewer and ground water adjustment fees as well as, impact fees for both water and sewer. An increase in capital grants and contributions of $1.1 million was related to the dedication of infrastructure in new developments. The utilities operating expenses remained consistent at $11.1 million. Earnings on investments decreased $0.1 million. • The electric utility realized a positive change in net position of $2.7 million. The revenues increased slightly by $0.3 million attributed to flat consumption, and no change to electric rates. Expenses in the Electric Fund decreased in total by $6.8 million. The decreases were attributed to the following: $7.2 million for power supply and generation costs and $0.3 million for Transmission/Distribution. These decreases were offset by increases of $0.5 million in general administration and $0.2 million in depreciation. This image cannot currently be displayed.

14 General Fund Budget Highlights – Fiscal Year 2015 • The Final General Fund Budget incorporated the following changes to the Original Budget. The Budget Balance carried forward from the prior fiscal year was higher by $1.0 million than was projected. Receipts had a net increase of approximately $0.9 million. The most significant increases were attributed to intrafund service receipts related to the accounting change for pensions, transfer taxes, Court of Chancery fees, and building permits. The most significant reductions of revenue were Police extra duty fees and civil traffic penalties. • Expenditures were revised to reflect an aggregate increase of $1.3 million. Increased employer contributions to the Police and Employee Pension funds, an increase in Debt Service expense and appropriations to the Contingency, Capital Asset, and Parkland reserves accounted for most of the increased budgeted expense with a slight increase in Police department to cover the grievance payout. The increases were offset by slight decreases in Sanitation services and insurance expense. The net result of these changes was a $0.6 million increase in the revised budget balance over the Original Budget Balance (on a non-GAAP basis). • Actual revenues and other financing sources received were over the final budgeted amounts in the General Fund by $0.3 million for the current fiscal year. The more significant positive variances were in permits and other licenses, police revenues, Court of Chancery fees, transfer taxes and the police pension grant. These revenue increases were offset with lower revenues for library revenues – county reimbursement, business licenses, and intrafund service receipts. Expenditures were approximately $0.5 million under budget as a result of several operating departments experiencing personnel savings through attrition. The General Fund budget balance carry forward was $0.8 million higher than budgeted as a result of the above variances.

15 Other Post Employment Benefits (OPEB) The accounting and reporting for OPEB will change with the implementation of GASB 75. This change will result in reporting the liability in the financial statements rather than footnote disclosures only. Much like we did for GASB 68 on pensions this year. GASB 75 is required to be implemented in FY18 for the City of Dover. (OPEB continued on next page)

16 OPEB continued The City was following a 10 year funding plan to phase in the full required contributions. FY15 was the seventh year of the plan. The actuary has advised that we discontinue the phase in plan and fully fund the actuarial required contribution as our current appropriations are now at the fully funding level. The $19.2 reduction in the liability is a result of the following items –  Due to the discontinuation of the 10 year phase in the interest rate assumption went from 4.9% to 6.5%.  A significant decrease in the post-65 premiums from 7/1/12 – 7/1/14, along with other changes in the healthcare trends.  DOE employees who retire on or after 6/1/13 will pay 15% of the total premium.  The investment return assumption was decreased from 7.0% to 6.5% resulting in an increase to the liability. Note – This valuation is not reflective of the FY16 premium increase (16.8%) and any potential FY17 increase (7.7%).

17 Pension Plans – Defined Benefit Pension Contributions - • Total City Contributions $4,174,512 (payroll & Lump sum from prior year personnel savings). • Total State contributions from State grants to the City $629,910 (Police only) • Total Contributions as reported in Budget Reports $4,804,422

18 Pension Expense - Financial Reporting Purposes

19 Material Commitments & New Accounting Standards Material Commitments – Note 11  Commitments for payments on fire apparatus currently for Ladder 1 - $145,614  Five year contract with The Energy Authority (TEA)  Extended contract with North American Energy Services (NAES)  Guarantor loans held by Downtown Dover Partnership. Secured by real estate. New Pronouncements – Note 2 C • GASB Statement No. 72, “Fair Value Measurement and Application”, was issued in February 2015 and is effective for periods beginning after June 15, 2015. This statement requires disclosures to be made about fair value measurements, the level of fair value hierarchy and valuation techniques. The statement also clarifies the definition of “fair value”. • GASB Statement No. 74, “Financial Reporting for Postemployment Benefit Plans Other Than Pension Plans”, was issued in June 2015 and is effective for periods beginning after June 15, 2016. The objective of this statement is to provide guidance for improving the usefulness of information about defined benefit OPEB plans that are administered through trusts that meet the specified criteria; this Statement requires two financial statements – a statement of fiduciary net position and a statement of changes in fiduciary net positon. This statement also replaces statements No. 43 as amended and statement No. 57. • GASB Statement No. 75, “Accounting and Financial Reporting for Postemployment Benefits Other Than Pensions” was issued in June 2015 and is effective for periods beginning after June 15, 2017. This statement’s objectives are to improve information provided by state and local governmental employers about financial support for OPEB that is provided by other entities. It also replaces statements No. 45 and No. 57 and establishes new accounting and financial reporting requirements for OPEB plans. • GASB Statement No. 76, “The Hierarchy of Generally Accepted Accounting Principles for State and Local Governments”, was issued in June 2015 and is effective for periods beginning after June 15, 2015. The objective of this statement is to identify in the context of the current governmental financial reporting environment – the sources of accounting principles used to prepare financial statements of state and local governmental entities in conformity with general accepted accounting principles (GAAP) and the framework for selecting those principles. • GASB Statement No. 77, “Tax Abatement Disclosures” was issued in August 2015 and is effective for periods beginning after December 15, 2015. The objective of this statement is to assist the users of financial statements in determining how tax abatements affect the financial position and results of operations, including its ability to raise resources in the future.