Council Packet

ANNUAL COUNCIL MEETING REVISED AGENDA May 9, 2005 - 7:30 P.M. - Council Chambers - City Hall - City of Dover INVOCATION REVEREND P. WAYNE ZSCHECH PLEDGE OF ALLEGIANCE AGENDA ADDITIONS/DELETIONS * CONSENT AGENDA Those items on the Council Agenda which are considered routine and non-controversial shall be marked with an asterisk (*) and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. 1. Adoption of Minutes - Regular Council Meeting of April 25, 2005 2. Oaths of Office - Administered by The Honorable Henry DuPont Ridgely - Justice, Supreme Court Council - At-Large - Carleton E. Carey, Sr. Council - First District - Kenneth L. Hogan Council - Second District - Eugene B. Ruane Council - Third District - Robert G. Ritter, Jr. Council - Fourth District - Reuben Salters 3. Election of Council President/Vice-Mayor 4. Recess (for photographs) - Mayor and Council 5. State of the City Message - Mayor Stephen R. Speed * 6. Utility Committee Report - April 25, 2005 A. Water Master Plan * 7. Parks, Recreation, and Community Enhancement Committee Report - April 26, 2005 A. Open Space/Recreation Plan - Chestnut Grove * 8. Safety Advisory and Transportation Committee Report - April 27, 2005 A. Traffic Signal Timing and DelTrac System - Report by Traffic Management Center B. DART Bus Stop - Wild Meadows C. Updates - DelDOT Projects c-1. College Road Corridor Upgrade c-2. Crawford Carroll Drive c-3. West Dover Connector c-4. Walker Road Project Construction D. Poor Drainage on Whiteoak Road - Entrance to Oak Shadow (Simpson Log Homes) E. Discussion - Requirement for Fencing - Stormwater Retention Ponds (Mr. Simmons and Mr. Carey) F. Proposed Ordinance Amendment - Chapter 13, Motor Vehicles and Traffic - Section 13-30.2, Vehicle Parking Limited Where Carrying Capacity is in Excess of One Ton, and Trailer and Motor Home Parking

Annual Council Agenda May 9, 2005 Page 2 * 9. Special Legislative, Finance, and Administration Committee Report - May 2, 2005 A. Proposed Ordinance Amendment - Chapter 19.5 - Taxation, Section 19.5-52 - Tax Exemption for Senior Citizens (See Item #14) 10. Council Appointments - 2005/2006 A. City Solicitor B. Deputy City Solicitor C. Fire Marshal D. Treasurer/Finance Director E. City Clerk/Alderman F. Assistant City Clerk/Deputy Alderman G. Assistant Treasurers 11. Committee Appointments - Council A. Legislative, Finance, and Administration Committee B. Parks, Recreation, and Community Enhancement Committee C. Safety Advisory and Transportation Committee D. Utility Committee E. Civilian Pension Board F. Construction Code Board of Appeals G. Police Pension Board 12. Miscellaneous Appointments - Council President A. Chamber of Commerce & Greater Dover Committee Liaison Members B. City/County Liaison Committee C. Kent County Tourism 13. Committee Appointments - Mayor A. Dover 4th of July Celebration Committee B. Dover Public Library Advisory Commission C. Downtown Dover Development Corporation D. Election Board E. Housing Code Board of Appeals 14. First Reading - Proposed Ordinances The First Reading is offered on the following proposed ordinances. Final action by Council will take place during the Second Reading of the ordinances on May 23, 2005. Copies of all proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. PROPOSED ORDINANCE AMENDMENT - CHAPTER 19.5 - TAXATION , SECTION 19.5-52 - TAX EXEMPTION FOR SENIOR CITIZENS (Legislative, Finance, and Administration Committee) /jg S:\ClerksOffice\Agendas&Minutes\Council-Agendas\2005\05-09-2005-REVISED.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

REGULAR COUNCIL MEETING The Regular Council Meeting was held on April 25, 2005 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane. Council staff members present were Major Taraila , Mrs. Mitchell, Mr. Galvin, Deputy Fire Chief Osika, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, and Mayor Speed. OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action. Mr. Frank Wolfe, 108 Blue Beach Drive, expressed appreciation for the beautiful flower beds throughout the City. He advised members of a concern regarding the railroad and provided photographs depicting the neglect of these areas by the Railroad. The areas of concern are two (2) bridges over Puncheon Run, one located over New Burton Road and the other being the Railroad Bridge. Mr. Wolfe stated that there seems to be an encroachment issue with the railroad and New Burton Road. In addition to litter, he noted that there are abandoned railroad ties and rails. His main concern is with safety, explaining that railroad tank cars (LPG) are left on the bridge for long periods of time near combustible materials. Mr. Wolfe requested the City to contact the railroad company to resolve these concerns. The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Due to the absence of the City Assessor, Mr. Ruane requested the deletion of item #7, Retirement Resolution - Jerome Cooper, City Assessor. Since the Replacement of Heating and Cooling Units for the Dover Parks and Recreation Building was considered by Council during their last meeting, Mr. Ruane requested the deletion of item #10, Legislative, Finance, and Administration Committee Report of April 11, 2005. Mr. Carey requested the addition of item #11B, Evaluation of Design/Build Proposals - St. Jones River Pedestrian Bridge Replacement. Mr. Carey moved for approval of the agenda as amended, seconded by Mr. Salters and unanimously carried. Mr. Salters moved for approval of the consent agenda, seconded by Mr. Carey and carried by a unanimous roll call vote. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 11, 2005 The Minutes of the Regular Council Meeting of April 11, 2005 were unanimously approved by motion of Mr. Salters, seconded by Mr. Carey and bore the written approval of Mayor Speed.

CITY COUNCIL MEETING OF APRIL 25, 2005 PAGE 2 PROCLAMATION - ARBOR DAY The following Proclamation was read into the record by Mayor Speed and presented to Mr. Cooper, Grounds Superintendent: WHEREAS, in 1872 J. Sterling Morton proposed that a special day be set aside for the planting of trees and to recognize the importance of trees in our lives; and WHEREAS, this special day, called Arbor Day, is now observed throughout the nation and the world; and WHEREAS, the City of Dover was once again named a Tree City USA in 2004 for the sixteenth consecutive year by the National Arbor Day Foundation; and WHEREAS, to become a Tree City USA, a community must meet four standards: have a tree board or department, have a tree ordinance, have a comprehensive community forestry program, and conduct an Arbor Day observance; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, reduce heating and cooling costs, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and WHEREAS, trees in our City increase property values, expand the economic vitality of business areas, enhance the beauty of our community; and WHERAS, Dover’s tree planting program is a living memorial to our citizens’ concerns for the quality of life. NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, do hereby proclaim April 29, 2005, as ARBOR DAY in the City of Dover, and urge all citizens to support the efforts to care for our trees and woodlands. JEWISH LITERATURE GRANT PRESENTATION Ms. Sheila Anderson, Library Director, advised members that the Dover Public Library was awarded a $1,500 grant from Nextbook and the American Library Association to administer five book discussion sessions in the fall of 2005. Nextbook is an organization committed to educating the public about Jewish culture and the American Library Association is the oldest library association in the world. The Dover Public Library was one of 35 libraries nationwide to be awarded the grant. The book discussions will be lead by local scholar Dr. Edith Mroz, who taught at Delaware State University and Wesley College. Dr. Mroz leads book discussions throughout the Delmarva Peninsula. The book discussions will begin on September 6th at 2:00 p.m. and will be held every other Tuesday through November 1st. Mrs. Anderson and Dr. Mroz distributed a pamphlet to members which contained information regarding the reading and discussion series, as well as a matching bookmark.

CITY COUNCIL MEETING OF APRIL 25, 2005 PAGE 3 CERTIFICATE OF RECOGNITION - 30 YEAR ANNIVERSARY - DOVER POST The following Certificate of Recognition was read into the record by Mayor Speed and presented to Mr. and Mrs. Flood: WHEREAS, in 1969 Jim Flood Sr., part-owner of the Delaware Coast Press and several other beach publications, feeling that there was room for another paper in Dover pulled together about a dozen investors and founded the Dover Post; and WHEREAS, the first issue of the Dover Post went to area newsstands on April 30, 1975; and WHEREAS, in the early 1980’s the Flood family bought out the investors, expanded into a second building to house the newly purchased Heidelberg Harris Web Press; and WHEREAS, in 1975 the Post’s press run was about 2,000 and today more than 30,000 papers are printed with the majority delivered free every Wednesday to driveways and doorsteps in neighborhoods all across Kent County; and WHEREAS, the practice of free delivery started less than a year after the paper was founded with Mary Flood being among the first delivery persons along with local children; and WHEREAS, the Dover Post has always featured community news including local events, local children being honored along with education, arts, sports and classifieds; and WHEREAS, the Post’s newspaper family has grown to include several sister papers including the Smyrna/Clayton Sun Times, the Middletown Transcript, and the Milford Beacon. NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR, OF THE CITY OF DOVER, DELAWARE do hereby present this certificate to the Dover Post in recognition of its 30th Anniversary and urge all citizens to acknowledge the commitment made by the Flood family to provide our community with quality journalism and several outstanding publications. BONUS AWARDS - BREATHE PROGRAM AWARDS - SMOKING CESSATION Mr. DePrima, City Manager, advised members of employees that have recently participated in the City’s new Breathe Program (Smoking Cessation) and, as a result of being “smoke free” for three (3) months, awarded the following employees with frozen turkeys: > Ron Coburn, Department of Planning and Inspections > Tim Taraila, Department of Planning and Inspections > Scott Jones, Electric Department Mr. DePrima stated that Linda Sherman of the Central Services Department is also a recipient of this award; however, she was not able to attend this meeting. It is his hope that these accomplishments will benefit others in making a decision to improve their health.

CITY COUNCIL MEETING OF APRIL 25, 2005 PAGE 4 PRESENTATION OF CERTIFICATION - TRACI A. MCDOWELL, CERTIFIED MUNICIPAL CLERK Mayor Speed, along with Mr. Green, City Clerk, presented the Certified Municipal Clerk Certificate to Mrs. Traci McDowell, Assistant City Clerk, which has been awarded by the International Institute of Municipal Clerks, Inc. Not being familiar with other certificate requirements, Mrs. Green explained that becoming a Certified Municipal Clerk is granted only to those municipal clerks who complete demanding educational requirements and who have a record of significant contributions to their local government, their community, and state. Considering the speed and drastic nature of change these days, lifelong learning is not only desirable, it is necessary for all in local government to keep pace with the growing demands and changing needs of the citizens that we serve. Mrs. Green commended Mrs. McDowell with her educational accomplishments and achievement of earning the designation of Certified Municipal Clerk. PUBLIC HEARING - RECONSIDERATION OF REZONINGS - ONE YEAR LIMITATION EXPIRATION In accordance with Article 10, Section 5.183 of the Zoning Code, if construction has not started or a satisfactory explanation for the failure to commence construction has not been received within one year from the effective date of the amendment to the zoning map, an amendment to rezone the land to its prior classification shall be automatically placed on the agenda to be reconsidered by City Council. 135 S. Kirkwood Street - Robert M. Duncan Members were reminded that during their Regular Meeting of February 9, 2004, City Council approved the rezoning of property located at 135 S. Kirkwood Street, owned by Robert M. Duncan, from RG-1 (General Residence) to C-2 (Central Commercial). A letter has been received from Mr. Duncan requesting an extension of the C-2 zoning classification. Mr. Duncan advised members that the construction of the parking lot on Kirkwood Street has been delayed due to pending approval by Kent Conservation, which he has been advised is forthcoming. Staff recommended approval of the extension of the rezoning for property located at 135 S. Kirkwood Street for an additional year. Council President Williams declared the public hearing open. There being no one present wishing to speak, Council President Williams declared the public hearing closed. Mr. Salters moved for approval of the extension of the rezoning for property located at 135 S. Kirkwood Street for an additional year. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote. 114 and 118 S. Kirkwood Street - Robert M. Duncan Members were reminded that during their Regular Meeting of March 8, 2004, City Council approved the rezoning of properties located at 114 and 118 S. Kirkwood Street, owned by Robert M. Duncan, from RG-1 (General Residence) to C-2 (Central Commercial).

CITY COUNCIL MEETING OF APRIL 25, 2005 PAGE 5 A letter has been received from Mr. Duncan requesting an extension of the C-2 zoning classification. He indicated that the building permits for the warehouse/apartment have been in progress for over a year and assured members that it is his intention to proceed with the project as soon as the building permits are issued. Staff recommended approval of the extension of the rezoning for properties located at 114 and 118 S. Kirkwood Street for an additional year. Council President Williams declared the public hearing open. There being no one present wishing to speak, Council President Williams declared the public hearing closed. Mr. Carey moved for approval of the extension of the rezoning for property located at 114 and 118 S. Kirkwood Street for an additional year. The motion was seconded by Mr. Sadusky and carried by a unanimous roll call vote. Mr. Salters stated that there is a litter problem in this area near the church and that it must be cleaned up before services every Sunday morning. He requested that staff contact Mr. Duncan and advise him of this issue so that it may be resolved. 1001 West Forrest Avenue - William and Eleanor Paradee, 40 Saulsbury Road - Riverview Associates, LLC, 1017 Forrest Avenue - L.D. Shank, III, and 1035 Forrest Avenue - Dover Elks Lodge #1903 Members were reminded that during their Regular Meeting of March 8, 2004, City Council approved the rezoning of properties located at 1001 West Forrest Avenue, previously owned by William and Eleanor Paradee and zoned C-3 (Central Commercial); a portion of 40 Saulsbury Road, previously owned by Riverview Associates, LLC and zoned C-3; a portion of 1017 Forrest Avenue, previously owned by L.D. Shank, III and zoned I-O (Institutional and Office); and a portion of1035 Forrest Avenue, previously owned by Dover Elks Lodge #1903 and zoned I-O. These properties are currently zoned C-2A (Limited Central Commercial) and COZ-1 (Corridor Overlay Zone 1). Dover-Forrest, L.L.C. acquired the property located at 1001 West Forrest Avenue on October 15, 2004 and remains the equitable owner of the remaining parcels. A letter has been received from Mr. Philip Sanders of DRS Development requesting an extension of the C-2A and COZ-1 zoning classifications. He indicated that on March 4, 2005, the full civil engineering plans were submitted to the City for their review and that the Planning Commission approved the construction of a 14,820 square foot Walgreens Pharmacy on April 18, 2005. Mr. Sanders indicated that the entitlement phase of this project is nearing completion and that groundbreaking is anticipated in June or July 2005. Staff recommended approval of the extension of the rezoning for properties located at 1001 West Forrest Avenue, a portion of 40 Saulsbury Road, a portion of 1017 Forrest Avenue, and a portion of 1035 Forrest Avenue for an additional year. Council President Williams declared the public hearing open. There being no one present wishing to speak, Council President Williams declared the public hearing closed.

CITY COUNCIL MEETING OF APRIL 25, 2005 PAGE 6 Mr. Salters moved for approval of the extension of the rezoning for property located at 1001 West Forrest Avenue, a portion of 40 Saulsbury Road, a portion of 1017 Forrest Avenue, and a portion of 1035 Forrest Avenue. The motion was seconded by Mr. Pitts and carried by a unanimous roll call vote. Route 13, Adjacent to Cedar Chase Drive - Bramble Charitable Foundation Members were reminded that during their Regular Meeting of April 12, 2005, City Council approved the rezoning of property located on Route 13, adjacent to Cedar Chase Drive, from RG-2 (General Residence) to C-4 (Highway Commercial), owned by Bramble Charitable Foundation. A letter has been received from Mr. Marcel Mileo of Dawood Associates, Inc., Project Manager, requesting an extension of the C-4 zoning classification. He explained that the initial meeting with the Planning Department was held in August 2004, at which time more information regarding tree mitigation, wetlands, and other issues were requested prior to having the required Pre-Application Meeting. The Pre-Application Meeting was held in January 2005, and subsequently a PLUS meeting was held in March 2005. Due to a possible issue involving the existence of wetlands on this site, a Well Monitoring Study has been requested to determine if underground detention was feasible, which is preferred to save trees. The Study is scheduled to take place in the Spring. Members were assured that all involved parties are still very excited and wish to proceed with the project. It is anticipated that plans will be submitted to the City in May or June 2005, with a goal to build an attractive high-end hotel to improve the quality of life and infrastructure of the City of Dover. Staff recommended approval of the extension of the rezoning for property located on Route 13, adjacent to Cedar Chase Drive for an additional year. Council President Williams declared the public hearing open. There being no one present wishing to speak, Council President Williams declared the public hearing closed. Mr. Carey moved for approval of the extension of the rezoning for property located on Route 13, adjacent to cedar Chase Drive for an additional year. The motion was seconded by Mr. Sadusky and carried by a unanimous roll call vote. CITY MANAGER REPORT - EXISTING AND POTENTIAL PUBLIC EMERGENCY NOTIFICATION SYSTEMS During their meeting of December 13, 2004, City Council directed staff to provide a report that outlines and describes the best and most effective uses of various public notification systems. As directed, Mr. DePrima, City Manager, submitted a report outlining the existing and potential public emergency notification systems for the City of Dover (as on file in the Office of the City Clerk). The report contained details regarding the existing notification systems, as follows: Reverse 911 - Delaware Emergency Notification System; America’s Missing Broadcast Emergency Response (AMBER) Alert; Sexual Offender Notification - Megan’s Law; and Electric Outage Notification. The report also contained details regarding the potential systems for the City, as follows: Reverse 911 - City Owned; Door-to-Door Notification; E-Mail Notification; and Portable Electronic Message Sign Notification.

CITY COUNCIL MEETING OF APRIL 25, 2005 PAGE 7 Mr. Slavin relayed appreciation for the report and requested that, during budget review, members support inclusion of such notification systems for the City of Dover in an effort to provide additional safety measures for our citizens. No further action was taken at this time. UTILITY COMMITTEE REPORT - APRIL 11, 2005 The Utility Committee met on April 11, 2005 with Chairman Carey presiding. Differential Disposal Fee Agreement - Delaware Solid Waste Authority Members were advised that on August 31, 2001, the City of Dover entered into a formal agreement known as the Differential Disposal Fees Agreement, with the Delaware Solid Waste Authority. This agreement set the disposal rate for municipal solid waste at $58.50 per ton and the bulk or dry waste rate at $40.00 per ton. The current agreement expires on June 30, 2005. The proposed agreement covers the period from July 1, 2005 through June 30, 2010 and sets the solid waste rate at $61.50 per ton and the bulk or dry waste rate at $42.00 per ton (maximum) for the duration of the agreement. Based on the current solid waste tonnage projections of 21,900 tons, it is anticipated to impact the sanitation budget in the amount of $62,666.50 (increase). Mr. DePrima stated that the trash fee and rebates should cover the City’s landfill fees. He indicated that no other considerations have been given for off-setting the additional costs and that it is anticipated that a trash fee increase will be necessary. In response to members concerns during the committee meeting, Mr. DePrima stated that he would contact the Delaware Solid Waste Authority to determine what affect recycling would have on the agreement and if they would be agreeable to including a clause to allow for reconsideration of the agreement should recycling legislation be enacted. This information could be obtained prior to the next Council meeting when the Agreement is scheduled to be presented to members for final approval. The committee recommended forwarding the Differential Disposal Fee Agreement with the Delaware Solid Waste Authority to Council for approval with the understanding that the City Manager will determine what, if any, affect the recycling legislation would have on the agreement and the possibility of the agreement including an “opener clause” to allow negotiations of costs should the recycling legislation be enacted. Mr. DePrima reported that he met with Mr. Houska, Chief of Administration at the Delaware Solid Waste Authority, to discuss the impact of mandatory curbside recycling on the proposed contract, and provided a summary of the comments made by Mr. Houska, as follows: 1. The contract is independent of any mandatory curbside recycling programs that would be enacted. Cost in the tipping fee associated with the existing recycling program would remain. 2. Some of the recycling cost and programs included in the tipping fee, specifically as they pertain to electronic goods, batteries and oil, would remain.

CITY COUNCIL MEETING OF APRIL 25, 2005 PAGE 8 3. Cost now associated with funding the recycling igloos would be shifted to operating the recycling facility, if one is ever built by the DSWA. 4. The DSWA is not willing to include any openers in the proposed contract. The City of Dover is the last municipality to sign the agreement. Mr. Carey moved to authorize the City Manager to execute the Differential Disposal Fee Agreement with the Delaware Solid Waste Authority to provide municipal solid waste disposal services for the City of Dover from July 1, 2005 through June 30, 2010 at the rates as set forth in the agreement. The motion was seconded by Sadusky and carried by a unanimous roll call vote. Evaluation of Design/Build Proposals - St. Jones River Pedestrian Bridge Replacement During the committee meeting held earlier in the evening, members were provided information regarding the design/build cost proposals solicited by the Department of Public Works to replace an existing pedestrian bridge which crosses the St. Jones River immediately south of the Silver Lake Dam. The intent of this project is to replace an existing wooden pedestrian bridge with a pre- fabricated metal bridge and associated concrete approaches to facilitate the crossing of the river and meet all ADA accessibility issues. Staff recommended awarding the contract for the St. Jones River Pedestrian Bridge Replacement to the low bidder, George & Lynch, Inc., in the amount of $135,000 and that staff be authorized to transfer $15,000 from the Richardson Park Fence Replacement Project to cover the funding shortfall. During the committee meeting, several members relayed concern with delaying the Richardson Park Fence Replacement Project and urged staff to obtain the necessary funding to complete the project. The committee recommended approval of staff’s recommendation. Mr. Carey moved to award the contract for the St. Jones River Pedestrian Bridge Replacement to the low bidder, George & Lynch, Inc., in the amount of $135,000 and authorize staff to transfer $15,000 from the Richardson Park Fence Replacement Project to cover the funding shortfall. The motion was seconded by Mr. Sadusky and carried by a unanimous roll call vote. Mr. Carey moved for acceptance of the Utility Committee Report, seconded by Mr. Pitts and unanimously carried. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - APRIL 12, 2005 The Parks, Recreation, and Community Enhancement Committee met on April 12, 2005 with Chairman Pitts presiding. Open Space/Recreation Plan - College Road Garden Apartments In accordance with Article 5, Section 10, Subsection 10.16 of the Zoning Code, all residential developments shall provide recreational areas in a size equal to 275 square feet per dwelling unit, or one-half acre of land, whichever is greater. However, in no case shall the City require more than

CITY COUNCIL MEETING OF APRIL 25, 2005 PAGE 9 10% of the gross area of the development be so dedicated or reserved when the gross area is greater than five (5) acres. College Road Garden Apartments consists of approximately 4.51+/- acres of land, situated on the north side of College Road, west of the McKee Road intersection. Mr. Eric Sturm, Pennoni Associates Inc., presented the Active Recreation Plan for College Road Garden Apartments Staff recommended approval of the Open Space/Recreation Plan with the following: 1. Increase width of center court concrete walking paths to a width of six (6) feet. 2. Provide seating within the gazebo. 3. Provide sidewalk and marked cross walk from center court walking path to the west sidewalk of the Topaz Circle Stub Street. 4. Provide continuation of the sidewalk from the main entrance of the east building traveling to the north to connect to the sidewalk segment, across drive aisle, and connect to perimeter walking path. 5. Smooth (round) corner turn transitions at the northwest and northeast corners of the perimeter walking path. 6. The applicant should be aware of the requirements for construction phasing of the recreation area as associated with the development of the residential units, as follows: Article 5 §10.6 Construction Phasing. The recreation and open space areas shall be completed in a proportion equal to or greater than the proportion of residential dwelling units completed, except that one hundred (100) percent of the recreation and open space areas shall be completed prior to issuing building permits for the final twenty (20) percent of the dwelling units proposed. Building permits shall not be issued for dwelling units unless the requirements of this section are met. 7. There shall be provisions which insure that the common open space land including the active recreation areas shall continue as such and be properly managed and maintained. These provisions shall be in a form acceptable to the City of Dover. The developer shall either retain ownership and responsibility for maintenance of such open land; or provide for and establish one (1) or more organizations for the ownership and maintenance of all common open space i.e. a Homeowners Association. The organization shall be responsible for maintenance, insurance and taxes on common open space and recreation facilities.

CITY COUNCIL MEETING OF APRIL 25, 2005 PAGE 10 The committee recommended approval of staff’s recommendation. By consent agenda, Mr. Salters moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote. By consent agenda, Mr. Salters moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Carey and carried by a unanimous roll call vote. MONTHLY REPORTS - MARCH 2005 By motion of Mr. Salters, seconded by Mr. Carey, the following monthly reports were accepted by consent agenda: Budget Report Chief of Police Report City Clerk/Alderman Report (Fines) City Manager's Report Mayor's Report Planning and Inspections Report Robbins Hose Company No. 1 Report CITY MANAGER’S SEMI-ANNUAL INSPECTION - ROBBINS HOSE COMPANY Members reviewed the Semi-Annual Robbins Hose Company Inspection Report by the City Manager, Mr. DePrima. The inspection is required in accordance with Section 7-18 of the Dover Code. By consent agenda, Mr. Salters moved for acceptance of the City Manager’s Semi-Annual Inspection of the Robbins Hose Company. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote. ELECTION RESULTS - 2005 MUNICIPAL ELECTION Mrs. Green, City Clerk/Alderman, reported the results of the 2005 Municipal Election held on April 19, 2005, as follows: TOTAL VOTES CAST - 2,040 TOTAL REGISTERED VOTERS - 19,151 FIRST DISTRICT COUNCIL SECOND DISTRICT COUNCIL Kenneth L. Hogan 362 Eugene B. Ruane 479 David A. Lewis, Jr. 145 Richard D. Senato 190 Total District Votes Cast 507 Total District Votes Cast 669 Total Registered Voters 5,630 Total Registered Voters 4,802 Voting Percentage 9% Voting Percentage 14%

CITY COUNCIL MEETING OF APRIL 25, 2005 PAGE 11 THIRD DISTRICT COUNCIL FOURTH DISTRICT COUNCIL Javan Davis 43 Sophia R. Russell 72 Robert G. Ritter, Jr. 611 Reuben Salters 138 Total District Votes Cast 654 Total District Votes Cast 210 Total Registered Voters 5,231 Total Registered Voters 3,488 Voting Percentage 13% Voting Percentage 6% In accordance with Title 15 Del.C. §7502, when there is only one official candidate for each office, the official candidate may assume office without the holding of a formal election. Therefore, since the At-Large position was unopposed, the following will be sworn into office for a two (2) year term: AT-LARGE COUNCIL Carleton E. Carey, Sr. Mr. Slavin moved for approval of the Election Results as reported by the City Clerk/Alderman, seconded by Mr. Salters and unanimously carried. SETTING OF PROPERTY ASSESSMENT APPEALS AND APPOINTMENT OF ASSESSMENT APPEALS COMMITTEE As a result of the recent reassessment of property, it is anticipated that there will be numerous property assessment appeals received. To be prepared, Assistant City Assessor Russell requested that the 2005 Property Assessment Appeals be scheduled for May 16, 2005 through June 3, 2005, between the hours of 9:00 a.m. and 5:00 p.m. She assured members that the scheduling of the appeals will be done in a coordinated effort with the City Clerk’s Office. Council President Williams requested that Mr. Salters, Mr. Sadusky, and Mr. Ruane, be appointed to the Assessment Appeals Committee, with Mr. Pitts serving as an alternate. Mr. Carey moved for approval of the appointment of the assessment appeals committee as recommended by Council President Williams. The motion was seconded by Mr. Hogan and unanimously carried. APPOINTMENTS - DOWNTOWN DOVER DEVELOPMENT CORPORATION (RECOMMENDED BY MAYOR SPEED) Mayor Speed recommended the following appointments to the Downtown Dover Development Corporation for three (3) year terms, as follows: Ms. Arden Bardol, Private Citizen Representative (reappointment) Mr. James McGinnis, Private Citizen Representative (to fill expired term of Ms. S. Renee Smith) Mr. Ed Perez, Business Representative (reappointment)

CITY COUNCIL MEETING OF APRIL 25, 2005 PAGE 12 COUNCIL MEMBERS COMMENTS Mr. Hogan advised members that out of town guests had talked with Miss McCabe “Miss Jackie” at the Dover Public Library and that they were very impressed. He requested that the compliment be relayed to the Library Director, Ms. Anderson, and Miss McCabe. Mr. Hogan also apologized for his demeanor during the previous Council Meeting. Mr. Slavin relayed appreciation for the response received from the Police and Fire Departments to a recent fire alarm at the Biggs Museum. Each of those elected during the Municipal Election held on April 19th relayed their appreciation to the voters for participating in this year’s election. Mr. Slavin moved for adjournment, seconded by Mr. Hogan and unanimously carried. Meeting Adjourned at 8:57 P.M. JANICE C. GREEN CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of April 25, 2005, are hereby approved. STEPHEN R. SPEED MAYOR /JG S:\ClerksOffice\Agendas&Minutes\Council-Minutes\2005\04-25-2005 Council.wpd

UTILITY COMMITTEE The Utility Committee Meeting was held on April 25, 2005, at 5:30 p.m. with Chairman Carey presiding. Members present were Mr. Ruane, Mr. Sadusky, Mr. Cregar, and Mr. Snaman. Members of Council present were Mr. Slavin, Mr. Ritter, Mr. Hogan (arrived at 6:12 p.m.), Mr. Salters (arrived at 6:26 p.m.) , and Council President Williams (arrived at 5:54 p.m.) . Mayor Speed was also present. AGENDA ADDITIONS/DELETIONS Mr. Sadusky moved for approval of the agenda, seconded by Mr. Snaman and unanimously carried. Evaluation of Design/Build Proposals - St. Jones River Pedestrian Bridge Replacement Members were provided information regarding the design/build cost proposals solicited by the Department of Public Works to replace an existing pedestrian bridge which crosses the St. Jones River immediately south of the Silver Lake Dam. The intent of this project is to replace an existing wooden pedestrian bridge with a pre-fabricated metal bridge and associated concrete approaches to facilitate the crossing of the river and to meet all ADA accessibility issues. The low bid was received from George & Lynch, Inc. in the amount of $135,000. The amount budgeted for this project was $117,000. Staff re-evaluated the need for a new fence in Richardson Park, located on the northwest corner of the intersection of Walker Road and North State Street, and felt that the bridge project should be given a higher funding priority at this time; therefore, staff recommended that $15,000 be transferred from the Richardson Park Fence Replacement Project for the St. Jones River Pedestrian Bridge Replacement. It was noted that the remaining $3,000 in funds would be made up from interest earnings in the grant fund. Staff recommended awarding the contract for the St. Jones River Pedestrian Bridge Replacement to the low bidder, George & Lynch, Inc., in the amount of $135,000 and that staff be authorized to transfer $15,000 from the Richardson Park Fence Replacement Project to cover the funding shortfall. Due to time constraints, staff requested that this matter be considered during the Council Meeting later this evening for final approval. Several members relayed concern with delaying the Richardson Park Fence Replacement Project and urged staff to obtain the necessary funding to complete the project. Mr. Ruane moved to recommend approval of staff’s recommendation and that this matter be forwarded to Council later this evening for final approval, seconded by Mr. Sadusky and unanimously carried. Water System Master Plan Mr. Koenig, Director of Public Works, introduced Mr. Andrew Cooper with Whitman, Requardt and Associates, and gave a Power Point Presentation on the Water System Master Plan (Attachment #1). He noted that this presentation is the second of a series and that the information will be used for the Capital Investments Plan and for budgetary purposes.

UTILITY COMMITTEE MEETING OF APRIL 25, 2005 PAGE 2 Mr. DePrima explained that due to the complexity of the issues involved, although staff has budgeted funds for upgrades, the exact uses will not be known until the completed study is received. He requested that members realize that the Plan addresses issues that will not be considered anytime in the near future. There was no further action taken. Mr. Ruane moved to recess into executive session to discuss legal matters, seconded by Mr. Snaman and unanimously carried. Meeting Recessed at 6:27 P.M. and Reconvened at 7:21 P.M. Mr. Snaman moved for adjournment, seconded by Mr. Cregar and unanimously carried. Meeting Adjourned at 7:21 P.M. Respectfully submitted, Carleton E. Carey, Sr. Chairman CEC/jg S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2005\04-25-2005 Utility.wpd Attachments (to Original Minutes and File Copy) Attachment #1 - W ater System Master Plan Presentation

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT The Parks, Recreation, and Community Enhancement Committee meeting was held on April 26, 2005, at 12:03 p.m. with Chairman Pitts presiding. Members present were Mr. Ruane, Mr. Hogan, and Mr. Truitt. Mr. Anderson was absent. AGENDA ADDITIONS/DELETIONS Mr. Hogan moved for approval of the agenda, seconded by Mr. Truitt and unanimously carried. Open Space/Recreation Plan - Chestnut Grove Farms In accordance with Article 5, Section 10, Subsection 10.16 of the Zoning Code, all residential developments shall provide recreational areas in a size equal to 275 square feet per dwelling unit, or one-half acre of land, whichever is greater. However, in no case shall the City require more than 10% of the gross area of the development be so dedicated or reserved when the gross area is greater than five (5) acres. Chestnut Grove Farms consists of approximately 50.86+/- acres of land, situated on the south side of Chestnut Grove Road, west of Sweetgum Drive. Based on the number of dwelling units proposed (189), this subdivision requires 1.19+/- acres of land for active open space. Ms. Dawn Melson of the Planning and Inspections Department presented the Active Recreation Plan for Chestnut Grove Farms, which proposes a total of two (2) recreation areas, all directly adjacent to the street or sidewalk. Included are a modular play system, walking path, welcome/safety sign, access ramp, and benches. The total investment for the above-mentioned items is $55,000. Staff recommended approval of the Open Space/Recreation Plan with the following: 1. Changing the surface material of the Area 1 walking path to play structure to a hard surface material (i.e. concrete or bituminous). 2. Provide a hard surface path to access the first bench near the path west of the play structure in Area 1. 3. Consider relocation of several of the benches or proposed tree plantings in the vicinity of the play structure to achieve placement of benches within shady areas. 4. Provide construction details for the walking path construction. 5. The open lawn areas should be established and maintained in conditions suitable for recreation and pedestrian use. These areas should be appropriately graded and seeded with turf grasses as necessary. 6. The applicant should be aware of the requirements for construction phasing of the recreation area as associated with the development of the residential units. Article 5 §10.6 Construction Phasing. The recreation and open space areas shall be completed in a proportion equal to or greater than the proportion of residential dwelling units completed, except that one hundred (100) percent of the recreation and open space areas shall be completed prior to issuing building permits for the final twenty (20) percent of the dwelling units proposed. Building permits shall not be issued for dwelling units unless the requirements of this section are met.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF APRIL 26, 2005 PAGE 2 7. There shall be provisions which insure that the common open space land, including the active recreation areas, shall continue as such and be properly managed and maintained. These provisions shall be in a form acceptable to the City of Dover. The developer shall either retain ownership and responsibility for maintenance of such open land; or provide for and establish one (1) or more organizations for the ownership and maintenance of all common open space, i.e. a Homeowners Association. The organization shall be responsible for maintenance, insurance, and taxes on common open space and recreation facilities. Mr. Tom Burns, representing the applicant, stated that they were in complete agreement with all of staff’s recommendations. He also noted that staff provided them with excellent guidance prior to their submission. Mr. Hogan suggested realigning the bottom portion of the walking path near lot 66 in order to provide more open space in the area and to make it more accessible. Mr. Greg Scott of Scott Engineering stated that, although he intended to provide sufficient distance between the walking path and the houses, he could realign the walkway as suggested. Mr. Ruane re-emphasized that according to Article 5, Section 10.6 - Construction Phasing, the recreation and open space areas shall be completed in a proportion equal to or greater than the proportion of residential dwelling units completed, except that one hundred (100) percent of the recreation and open space areas shall be completed prior to issuing building permits for the final twenty (20) percent of the dwelling units proposed. Mr. DePrima advised members that he has received complaints from citizens who did not realize that the play areas were to be owned by the homeowners until after they purchased their properties. He suggested that the developer install signage during the construction phase indicating that the open space and recreation areas would be maintained by a homeowner’s association. Mr. Burns stated that he would include that information when marketing the development. Mr. Ruane moved to recommend approval of the Open Space/Recreation Plan for Chestnut Grove Farms, with the understanding that the applicant will incorporate the changes verbalized by the committee, as well as the staff recommendations contained in the report. The motion was seconded by Mr. Hogan and unanimously carried. Mr. Hogan moved for adjournment, seconded by Mr. Ruane and unanimously carried. Meeting Adjourned at 12:28 P.M. Respectfully submitted, John W. Pitts Chairman JWP/tm S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2005\04-26-2005 PR&CE.wpd

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE The Safety Advisory and Transportation Committee Meeting was held on April 27, 2005, at 7:04 p.m. with Chairman Ritter presiding. Members present were Mr. Carey, Mr. Pitts, and Mr. Lakeman. Mr. Simmons was absent. Members of Council present were Mr. Sadusky and Mr. Ruane. The invocation was given by Chairman Ritter, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Mr. Carey moved for approval of the agenda, seconded by Mr. Lakeman and unanimously carried. Poor Drainage on Whiteoak Road - Entrance to Oak Shadows (Simpson Log Homes) Mr. Ritter advised members that there has been an ongoing drainage problem at the Oak Shadows development, located off of Whiteoak Road. He noted that the development is located within the City; however, the drainage ditch, which, due to its elevation, is causing ponding on the road and residential lots below it, is located outside of the City limits. Due to its location, there is some uncertainty as to whether the ditch is under the jurisdiction of Kent County government or Kent Conservation. Mr. Ritter also noted that the ponding is presenting a road hazzard. Mr. Terry Sealund, 5 Meadowlark Lane, President of Oak Shadows, advised members that the poor drainage has caused his wife to have asthma problems. He noted that the water backs up from the end of Mourning Dove Lane and Whiteoak Road and it sits three (3) to four (4) inches deep for months at a time. Mr. Sealund stated that the culvert is not graded toward the large tax ditch near the bridge over Route 1. It was his feeling that re-grading would improve the situation. Mr. Ritter stated that Mr. Vasuki Hirasaeve, Central District Engineer, had been to the site and indicated that the tax ditch needed to be cleaned out or a culvert needed to be installed past the high point on the ditch and then fill in the ditch. This would also provide a shoulder for the road. Mr. Craig Burkett, 104 Mourning Dove Lane, stated that he has spoken with several people regarding the problem, including Kenneth Conway, an environment scientist with the Army Corp of Engineers. He noted that Mr. Conway visited his property and indicated that his property is draining onto 102 Mourning Dove Lane. Mr. Burkett stated that the culvert on the City side of Whiteoak Road are sometimes six (6) to eight (8) inches above the grade of the ditch with no drainage. He stated that he currently has a foot of standing water in his yard. Mr. Burkett indicated that there were some environmental concerns with disturbing the ditch, since it runs through the salvage yard. Mr. DePrima, City Manager, recalled that the blockage was closer to the road than the salvage yard. Mr. Lakeman moved to recommend that the Mayor and Council President send a letter to the State of Delaware, Kent County, and Kent Conservation, requesting them to evaluate the drainage situation (Attachment #1). The motion was seconded by Mr. Carey and unanimously carried.

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF APRIL 27, 2005 PAGE 2 Traffic Signal Timing and DelTrac System - Report by Traffic Management Center Mr. Gary Laing, DelDOT Municipal Liaison, advised members that a recent report grading states on their traffic management indicated that Delaware is addressing its traffic needs with the DelTrac system. He noted that DelTrac is operated from the Traffic Management Center, which is adjacent to the Delaware Emergency Management Agency (DEMA). Mr. Laing noted that the traffic engineers are able to monitor traffic conditions throughout the state via computers and cameras. He stated that adjustments are made to the signals as traffic conditions warrant or demand. Mr. Laing stated that parallel, one-way streets could be timed in such a way that motorists have all green lights; however, multi-lane, two-way streets with varying speeds cannot be timed in that manner. He noted that the signals are timed to provide good traffic flow, eliminate extreme traffic backups, and reduce emissions by limiting idling time. Mr. DePrima advised members that $4M had been committed to upgrading the 18 lights located within the City of Dover in order for them to become a part of the DelTrac system. He noted that conversion would begin on Division Street this year. Mr. Ritter suggested that it may be beneficial for the committee to tour the DelTrac facility. Mr. Laing stated that he would make arrangements for a tour once a date was selected. Responding to Mr. Ritter, Mr. Laing stated that the timing of the left-hand turn signal at Division Street and Route 13 had been adjusted to allow more vehicles through. He noted that this is a difficult area to improve due to limited space. DART Bus Stop - Wild Meadows Mr. Ritter recently attended a Wild Meadows civic association meeting where members expressed a desire to have a DART bus stop. He also informed members that the president of the Persimmon Park Place Civic Association advised him that the DART bus stop at Persimmon Park Place had been eliminated and the residents would like to see it reinstated. Mr. Ritter suggested that the route include both Persimmon Park Place and Wild Meadows. Mr. Laing stated that decisions to vary the bus routes were based on ridership numbers. He noted that residents can call DART 24 hours in advance to arrange for the bus to pick them up and take them to a central stop. Mr. Laing stated that he could provide literature to Wild Meadows regarding the bus services available. Updates - DelDOT Projects College Road Corridor Upgrade Mr. DePrima advised members that this project has been delayed and is now included in either the FY2008 or FY2009 CIP. Crawford Carroll Drive

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF APRIL 27, 2005 PAGE 3 Mr. Laing advised members that this project was delayed for several reasons; however, construction has resumed. Mr. DePrima indicated that it was scheduled for completion by the end of the year. West Dover Connector Mr. Laing advised members that there was a working group meeting three (3) weeks ago, at which time members eliminated some of the proposed conceptual plans from further study. Mr. Laing stated that, during the March working group meeting, the Rodney Village Civic Association and the engineering firm presented concepts for consideration. The information gathered from the meeting will be presented at the next working group meeting scheduled for May 25, 2005 at 5:30 p.m. at the Modern Maturity Center. Walker Road Project Construction Mr. Laing stated that this project appears to be nearing completion. Discussion - Requirement for Fencing - Stormwater Retention Ponds (Mr. Simmons and Mr. Carey) Mr. Carey advised members that concerns had been brought to his attention regarding the stormwater management ponds throughout the City. It has been suggested that the City consider requiring that the ponds be fenced. Mr. James Galvin, Director of Planning and Inspections, stated that Appendix B, Article 5, Section 11.2 of the Dover Code references abiding by the Engineering Field Manual for the USDA and applying those calculations and regulations to retention ponds, which is what the Kent Conservation District does. No pond should be greater than three (3) feet deep and each pond has a reverse bench built into it so that the slope steps down gradually. He noted that the Kent Conservation District also participates with the City in evaluating any proposals with a disturbance area greater than 5,000 square feet. Mr. Galvin stated that the Delaware Code does not require fencing around stormwater facilities. Mr. Galvin cautioned members that fences tend to collect garbage and it is easier for children to get over fences than adults, making it more difficult for a casual rescuer to reach a child in the pond. Responding to Mr. Lakeman, Mr. DePrima stated that the Planning Commission evaluates the stormwater ponds and makes recommendations based on their location. He noted that they have recommended planting thorn bushes around ponds and, in some instances, the developer chooses to have their pond fenced. Mr. DePrima suggested contacting the building community for their insight in this matter. Mr. Galvin noted that underground storage tanks could be used as an alternative to ponds. Responding to Mrs. Bettylou Bargo, 1125 Yearsley Drive, Mr. Galvin explained that retention ponds have a gentler slope and are not as deep as swimming pools and; therefore, are not required to be fenced. Mr. DePrima also noted that some swimming pools, depending on their depth, do not require fences. Mr. Ruane stated that the retention pond on Eden Hill Farm appears to be

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF APRIL 27, 2005 PAGE 4 deeper than three (3) feet. Mr. DePrima stated that the depth was dependent on the grade of the slope and was not necessarily an indication of what the depth of the water would be. He noted that many of the ponds would not fill to capacity. Mrs. Bargo reminded members that many children are not yet three (3) feet tall. She stated that she would like to see thorn bushes planted as a deterrent for the children. Mr. Carey moved to recommended referring the matter back to staff in order to research options and to confer with members of the community and other agencies to obtain their input and report back to the committee. The motion was seconded by Mr. Pitts and unanimously carried. Mr. DePrima noted that he and Mr. Galvin were currently finishing goals projected for completion this year and would schedule this project for sometime in July 2005. Proposed Ordinance Amendment - Chapter 13, Motor Vehicles and Traffic - Section 13-30.2, Vehicle Parking Limited Where Carrying Capacity is in Excess of One Ton, and Trailer and Motor Home Parking Members reviewed a proposed ordinance amendment to Chapter 13, Motor Vehicles and Traffic, which would impose a time limit of twenty-four (24) consecutive hours for parking a boat trailer on residential streets. Currently, parking of boat trailers on residential streets is limited to two (2) hours. Mr. Carey advised members that he had been contacted by a constituent regarding concerns with the time limit for parking boat trailers on the street. They advised him that the limit prohibits them from parking their boat at home the night before a fishing trip in order to leave early in the morning. Mrs. Bargo stated that the time limit is also too short when it is necessary to make repairs to a motor home. Mr. Galvin noted that nonresidents are exempt from the mobile home restrictions for a period of seven (7) days. He suggested implementing an exemption for residents as well. Mr. DePrima cautioned that a resident could park a motor home for seven (7) days, move it for a few hours, then bring it back for another seven (7) days. Members suggested including language that would limit the 24-hour parking limit to only 24 hours per week. Mr. Lakeman suggested including language that would address repair and loading issues. Responding to Mr. Lakeman, Mr. Carey stated that he had only received a complaint from one (1) citizen; however, they have been expressing this concern for some time. He stated that the citizen was willing to come to the next meeting to present his case for the committee. Mr. Carey moved to defer the matter until the next meeting in order to have the citizen present to provide members additional information, seconded by Mr. Lakeman and unanimously carried. Mr. Carey moved for adjournment, seconded by Mr. Lakeman and unanimously carried.

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF APRIL 27, 2005 PAGE 5 Meeting Adjourned at 8:45 P.M. Respectfully submitted, Robert G. Ritter, Jr. Chairman RGR/tm S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2005\04-27-2005 SA&T.wpd Attachment Attachment #1 - Whiteoak Road Drainage Ditch Correspondence

SPECIAL LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE A Special Legislative, Finance, and Administration Committee meeting was held on May 2, 2005, at 5:02 p.m. with Chairman Salters presiding. Members present were Mr. Hogan, Mr. Slavin, Mr. Shevock, and Mr. Shelton (arrived at 5:03 p.m.). Members of Council present were Mr. Sadusky, Mr. Ritter, and Mr. Ruane. Mayor Speed was also present. AGENDA ADDITIONS/DELETIONS Mr. Slavin moved for approval of the agenda, seconded by Mr. Shevock and unanimously carried. Proposed Ordinance Amendment - Chapter 19.5 - Taxation, Section 19.5-52 - Tax Exemption for Senior Citizens Section 19.5-52(b) of the Dover Code provides for a tax reduction in the amount of $25,000 for real property owners 65 years of age or over. The $25,000 was set when taxes were based on 60% of value. When the property tax base was increased to 100%, the Assessor’s Office increased the tax reduction amount accordingly, which totaled an amount of $41,700 ($25,000 divided by .6); however, Section 19.5-52(b) had not been amended to reflect this change. Members were provided a proposed ordinance amendment that would bring the Code in line with the City’s current practice. Staff recommended adoption of the proposed amendments to Section 19.5-52(b) of the Dover Code. Members were provided historical information regarding the Over 65 Tax Exemption and correspondence received from Mr. and Mrs. Stephen R. Alexander, 140 Sweetgum Drive, requesting that the Senior Citizens Tax Exemption formula be reevaluated. Noting that the figures were not realistic since they had not been changed in seven (7) years, Mr. Hogan felt the exemption amount and the property owner income amounts (both single and married) should be increased to provide greater relief to the senior citizens. Concurring, Mr. Slavin noted that the cost of living has increased significantly for senior citizens in the last few years, including health insurance, the cost of prescription drugs, and a wide variety of costs that impact citizens on fixed incomes. Mr. Slavin stated that more and more people are retiring before age 65 and suggested that the age limit be decreased to 60 or 62 years of age. He also questioned why railroad pensions were not considered income. Mr. Salters stated that he objected to lowering the age since many people 65 years of age and older still receive income. Mr. Ruane advised members that, currently, there are 263 property owners with a property value of $10M that are eligible to take advantage of the senior citizen discount. He noted that the City’s tax income is being reduced by $44,710 as a result of those exemptions based on the current limits. Mr. Hogan suggested that the first $41,700 of assessed valuation be increased to $50,000, that individual income be increased from $10,400 to $15,000, and that the income for married couples be increased from $18,000 to $21,000. Mr. Ritter suggested that the ordinance also include verbiage directing Council to revisit the figures at the completion of each reassessment.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE SPECIAL MEETING OF MAY 2, 2005 PAGE 2 Mr. Hogan moved to recommend that Chapter 19.5 - Taxation, Section 19.5-52 - Tax Exemption for Senior Citizens, be amended, as follows: 1) replace “twenty-five thousand dollars ($25,000.00)” with “fifty thousand dollars ($50,000)” in Subsection (b); 2) replace “ten thousand four hundred dollars ($10,400.00)” with “fifteen thousand dollars ($15,000)” in paragraph (1) of Subsection (b); 3) replace “eighteen thousand dollars ($18,000.00)” with “twenty-one thousand dollars ($21,000)” in paragraph (2) of Subsection (b); and by adding a new paragraph (14) to read “City Council will review these numbers at the conclusion of each reassessment.” (Attachment #1). The motion was seconded by Mr. Slavin and unanimously carried. Mr. Slavin moved for adjournment, seconded by Mr. Shevock and unanimously carried. Meeting Adjourned at 5:22 P.M. Respectfully submitted, Reuben Salters Chairman RS/tm S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2005\05-02-2005 Special LF&A.wpd Attachments Attachment #1 - Proposed Ordinance Amendment - Section 19.5-52

CITY OF DOVER 2005 ANNUAL MEETING APPOINTMENTS COUNCIL ELECTIONS INCUMBENTS A. City Solicitor Nicholas H. Rodriguez B. Deputy City Solicitor William Pepper C. Fire Marshal David J. Truax D. Treasurer/Finance Director Donna S. Mitchell E. City Clerk/Alderman Janice C. Green F. Assistant City Clerk/Deputy Alderman Traci A. McDowell G. Assistant Treasurers Janice C. Green Traci A. McDowell S:\ClerksOffice\Packet\2005\Council Packets\05-09-2005\Incumbents-Staff-2005.wpd Prepared by: City Clerk's Office/jg

ANNUAL MEETING MAYORAL APPOINTMENTS - 2005/2006 I. COMMITTEE APPOINTMENTS - MAYOR - During the Annual Meeting, the Mayor will present Committee Appointments for Council confirmation. A. DOVER 4TH OF JULY CELEBRATION COMMITTEE - Shall consist of not less than five (5) members and not more than nine (9) members who shall be appointed annually upon the recommendation of the Mayor and approval of City Council. The initial Board of Directors shall serve until the City’s 2005 Annual Meeting and then be appointed at the Annual Meeting each year thereafter. The membership shall include the Mayor of Dover, who shall serve in an ex- officio capacity as Chairman of the Board. Other officers shall include a President/Vice Chairman, Vice President, Secretary, and Treasurer. (At the request of Mayor Hutchison, in 2004, Mr. Carter, Director of Parks and Recreation, and Mrs. Mitchell, Finance Director/Treasurer, served as staff liaison members). 1. John J. Friedman, President 2. Ron Poliquin, Vice-President & COO 3. Donna Mitchell, Treasurer 4. Dick Bundy, Military Liaison 5. Tim Slavin 6. Elaine Brenchley 7. Jim Flood, Jr. 8. Ron Shomo, Musical Director 9. Steve Speed, Chairman (ex-officio member) B. DOVER PUBLIC LIBRARY ADVISORY COMMISSION - Shall consist of five (5) members, with staggered five-year terms expiring June 16th, to be appointed by the Mayor and confirmed by Council. One (1) member of Council shall be appointed during the Annual Meeting to serve as a liaison member. 1. Councilman Eugene B. Ruane

2005 ANNUAL MEETING - MAYORAL APPOINTMENTS PAGE 2 C. DOWNTOWN DOVER DEVELOPMENT CORPORATION - Shall consist of fifteen (15) members appointed from three (3) categories: 1) Five (5) members, either elected or from within the government of the City of Dover, to be appointed by the Mayor and confirmed by Council and shall remain as members so long as deemed appropriate by the Mayor and City Council, and so long as they continue to be either elected or appointed officials within the government of the City of Dover (Mayor shall serve as an ex-officio member); 2) One (1) member appointed from within the State government, to be appointed by the Governor and shall remain so long as deemed appropriate by the Governor, and so long as he/she continues to be in State government; and 3) Nine (9) members from the private sector (these members should not hold full-time elected or appointed public office), with staggered three-year terms, to be appointed by the Mayor and confirmed by Council. 1. Councilman John W. Pitts 2. Councilman Rueben Salters 3. Councilman Timothy A. Slavin 4. Anthony DePrima, City Manager 5. James Galvin, City Planner D. ELECTION BOARD - Shall consist of five (5) members, with staggered three-year terms, to be appointed by the Mayor and confirmed by Council during the Annual Meeting. One member appointed from each of the four council districts and one appointed from at-large. The Board shall consist of a non-elected body (or relative of), must be a citizen of U.S., a registered voter of the City, and have resided in the City for one year prior to the appointment. 1. William Garfinkel At-Large (5/08) E. HOUSING CODE BOARD OF APPEALS - Shall consist of three (3) members, one (1) being a resident generally selected as a representative of homeowners, one (1) representative of the local real estate industry association, and one (1) member shall be the City Manager. 1. Rexene Ornauer (Representative of Homeowners) 2. Charles Martin (Representative of Local Real Estate) F. SILVER LAKE COMMISSION - Shall consist of seven (7) members to be appointed by the Mayor and confirmed by Council at the Annual Meeting. Recommended appointments forthcoming FORMS ANNLMTG.MYR Prepared by: City Clerk's Office/jg S:\ClerksOffice\Packet\2005\Council Packets\05-09-2005\Annual Appointments 2005-Mayor.wpd

FIRST READING Sec. 19.5-52. Tax exemption for senior citizens. (a) This section is adopted to implement Title 22, Chapter 10 of the Delaware Code, as amended, granting exemptions from municipal taxation on real property for persons sixty-five (65) years of age or over. Compliance must be made with Chapter 10 and this section in order to qualify for such exemption. (b) The exemption shall be for real property owners sixty-five (65) years of age or over. If qualified, their real property shall be exempt from municipal taxation to the extent of the first twenty-five thousand dollars ($25,000.00) fifty thousand dollars ($50,000) of assessed valuation. This exemption shall be subject to the following qualifications: (1) If the income of a property owner who resides alone exceeds the sum of ten thousand four hundred dollars ($10,400.00) fifteen thousand dollars ($15,000) for the income tax year immediately preceding the date of making an application for the exemption, then the exemption shall not be granted. (2) If the income of a property owner and spouse who reside together exceeds the sum of eighteen thousand dollars ($18,000.00) twenty-one thousand dollars ($21,000) for the income tax year immediately preceding the date of making an application for the exemption, then the exemption shall not be granted. (3) In computing income of the property owner in order to determine entitlement for the deduction, social security benefits and railroad pensions shall not be considered as income. (4) The real property must be located within the limits of the city and must be used exclusively for residential purposes. (5) The real property must be the legal residence of, and be occupied in whole or in part by, the property owner. (6) The property owner must be the owner of record of said real property as of December 31 of the calendar year immediately preceding the date of making application for the exemption. (7) The property owner must have attained the age of sixty-five (65) by March 1 of the year in which the exemption application is filed. (8) Applications for exemption shall be filed in accordance with regulations adopted by the city council and for cause shown. The city assessor may accept and act upon applications received after any established application filing date.

(9) The city assessor is empowered to refund taxes paid by a qualified applicant who is entitled to an exemption and successfully files for same. (10) The city assessor's office shall be authorized to require any applicant to submit evidence substantiating income reported for receipt of the exemption. The city assessor may deny applications where requested income verification is not submitted by the applicant. (11) Appeals from denial of exemptions by the city assessor and any other complaints regarding the exemption process may be appealed by the taxpayer directly to the tax appeals committee established annually in April to hear taxpayer appeals. The tax appeals committee shall have the power to affirm, overrule or remand the decision of the city assessor. (12) Qualified senior citizens who fail to exercise their property tax exemption shall not be entitled to any interest payments on said exemption amount; nor shall unexercised property tax exemptions be retroactive beyond the current tax year. (13) Penalties, assessed to delinquent property tax accounts that are eligible for a senior citizen exemption that has not been exercised shall not be excused. (Ord. of 3-12-01) (14) City Council will review these numbers at the conclusion of each reassessment. ADOPTED: *