Council Packet

REGULAR COUNCIL MEETING AGENDA March 14, 2005 - 7:30 P.M. - Council Chambers - City Hall - City of Dover OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.) INVOCATION BY CHAPLAIN WALLACE DIXON PLEDGE OF ALLEGIANCE AGENDA ADDITIONS/DELETIONS * CONSENT AGENDA Those items on the Council Agenda which are considered routine and non-controversial shall be marked with an asterisk (*) and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. * 1. Adoption of Minutes - Regular Council Meeting of March 7, 2005 (Rescheduled from February 28, 2005) 2. Presentation to Councilman Salters - GFWC Federation Guild - Mrs. Trisha Rodriguez 3. Presentation - Certificate of Achievement for Excellence in Financial Reporting - Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2003 4. State of the City Budget 5. Legislative, Finance, and Administration Committee Report - March 7, 2005 A. Comprehensive Annual Financial Report for Year Ended June 30, 2004 6. Parks, Recreation, and Community Enhancement Committee Report - March 1, 2005 * A. Civic Center Update B. Discussion - Ideas of Mayor Speed for Neighborhood Improvements: b-1. Extend 1st Time Home Buyer Transfer Tax Exemption to the Seller b-2. Real Estate Tax Abatement for Home Purchasers in the Target Area * b-3. Partnership to Create Reduced Cost Mortgages in Target Area b-4. Increase Community Development Downpayment Assistance * b-5. New Mixed Use Zone b-6. Eliminate Single to Multi-Family Conversions in RG-1 * b-7. Nuisance Property Enforcement * C. Community Report - Chairman Pitts

Council Agenda March 14, 2005 Page 2 * 7. Annual Report - Planning and Inspections Department 8. Evaluation of Bids A. Puncheon Run Interceptor Sewer Extension - Engineering Services Agreement (Design) B. Wellhead Redevelopment Program - Additional Work Request * 9. Human Relations Commission Appointments - Recommendation of Council President A. Mr. Gregory J. Bunkley - 3 Year Term Expiring 2/2008 (reappointment) B. Dr. Phyllis Edamatsu - 3 Year Term Expiring 2/2008 (reappointment) C. Ms. Prameela D. Kaza - 3 Year Term Expiring 2/2008 (reappointment) D. Ms. Audrey Daniels - 3 Year Term Expiring 2/2008 (to fill expired term of Dr. Peter A. Oldziey) * 10. Human Relations Commission Appointments - Recommendation of Mayor Speed A. Roy Sudler, Jr. - 3 Year Term Expiring 2/2008 (reappointment) 11. Final Reading - Proposed Ordinances The First Reading of the following proposed ordinances was accomplished during the Council Meeting of March 7, 2005. Copies of the proposed ordinances are available at the entrance of the Council Chambers . A. Chapter 7 - Fire Prevention and Protection, Article I - In General, Section 7-7 - Sprinkler Requirements 12. Council Members Comments /jg \\Dover_1\Cityclerk\ClerksOffice\Agendas&Minutes\Council-Agendas\2005\03-14-2005.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

REGULAR COUNCIL MEETING The Regular Council Meeting was held on March 7, 2004 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, and Mr. Ruane. Mr. Salters was absent. Council staff members present were Chief Horvath, Mr. Cooper, Mrs. Mitchell, Mr. Galvin, Third Assistant Fire Chief Christiansen, Mr. DePrima, City Solicitor Rodriguez, Mrs. Green, and Mayor Speed. OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action. There was no one present wishing to speak during the Open Forum. The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Mr. Carey moved for approval of the agenda as presented, seconded by Mr. Sadusky and unanimously carried. Mr. Hogan requested the removal of item #4A - Presentation of Pension Actuary Valuation as of July 1, 2004 from the consent agenda. Mr. Carey moved for approval of the consent agenda as amended, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Salters absent). ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF FEBRUARY 14, 2005 The Minutes of the Regular Council Meeting of February 14, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Sadusky and bore the written approval of Mayor Speed. PROCLAMATION - EMPLOYEE APPRECIATION DAY Mayor Speed read the following Proclamation into the record: WHEREAS, the City of Dover employees work diligently for all of our citizens; and WHEREAS, the employees of the City of Dover strive daily, through their dedication and hard work, to promote Community Excellence Through Quality Service; and WHEREAS, it is due to the high productivity and accomplished efforts of our employees that the citizens of Dover are able to enjoy some of the lowest utility and tax rates in this region; and

CITY COUNCIL MEETING OF MARCH 7, 2005 PAGE 2 WHEREAS, the City of Dover values its employees, recognizing that every member of the work force - from meter reader to engineer, laborer to policeman, dispatcher to secretary - is an integral part of the day-to-day operations of the City of Dover; and its success is due largely to the pride and efforts of its employees. NOW, THEREFORE, I, STEPHEN R. SPEED, MAYOR OF THE CITY OF DOVER, do hereby proclaim Friday, March 11, 2005, as CITY OF DOVER EMPLOYEE APPRECIATION DAY in recognition of the dedication and hard work of all City of Dover employees, and request that all citizens participate in this event by taking a moment to thank a City of Dover employee for their outstanding service to our community. PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - 20 S. GOVERNORS AVENUE (DORIS A. COOPER AND OTHERS) A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 20 South Governors Avenue, owned by Doris A. Cooper (Harry Driggus) and others. Mr. Pritchett, Chief Building Inspector, stated that the property was declared dangerous on March 25, 2004 and that it has been abandoned for more than three (3) months. Deterioration of the building is being accelerated by weather and lack of maintenance. The property consists of a two story frame single family house. Mr. Pritchett showed slides depicting the condition of the structure. Staff recommended that the property located at 20 S. Governors Avenue be: 1) declared as dangerous; 2) order the property repaired or demolished by March 24, 2005 by the owner or equity owner at their own risk; 3) order the building inspector to cause the repair or demolition of the structure if not completed by the owner or equity owner within the (10) days of the date set by Council; and 4) order the City Manager with the assistance of the City Solicitor to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax against the land upon which the building stands or to be recovered in a suit at law against the owner. Mr. Pritchett indicated that the demolition cost is estimated at $8,000 to $10,000. Council President Williams declared the public hearing open. There being no one present wishing to speak, Council President Williams declared the public hearing closed. It was noted that since this public hearing was originally scheduled for February 28, 2005, which was rescheduled for this time and place due to inclement weather, the date of March 24, 2005 should be extended to April 7, 2005 to provide for adequate time for the property owner or equity owner to respond. Mr. Pitts moved that the structure located at 20 S. Governors Avenue be declared a dangerous building and subject to demolition, as recommended by staff, stipulating that the date of the order be extended to April 7, 2005 for the repair or demolition by the owner or equity owner at their own risk. The motion was seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Salters absent).

CITY COUNCIL MEETING OF MARCH 7, 2005 PAGE 3 LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - FEBRUARY 14, 2005 The Legislative, Finance, and Administration Committee met on February 14, 2005 with Chairman Salters presiding. In the absence of Mr. Salters, the committee’s report was presented by Mr. Slavin. Presentation of Pension Actuary Valuation as of July 1, 2004 Members of the committee were provided with a Summary of the General Employees and Police Pension Plans Actuarial Valuation as of July 1, 2004, as well as a four (4) year investment performance of the plans, as prepared by Pike Associates. Based on this valuation, the recommended contribution for the General Employees Pension Plan is 23.59% of covered payroll. This is an increase of 2.07% over the prior year’s valuation of 21.52% of covered payroll. The principal reason for the increase is the recognition of a portion of the prior three (3) years’ investment losses. The recommended contribution for the Police Pension Plan is $533,486, a decrease from the prior year’s contribution of $538,271. It was noted that police officers that were hired after September 1, 1982 will retire from the State of Delaware Police Pension Plan. The committee recommended acceptance of the Pension Actuary Valuations as presented. Mr. Hogan expressed his concerns regarding the City’s struggle to address the unfunded pension liability. Although staff has been actively addressing the issue by developing new investment strategy, he suggested that the City needs to make an extra effort to do more in the way of reducing the unfunded pension liability further. Mr. Slavin moved for approval of the committee’s recommendation for acceptance of the Pension Actuary Valuations as presented by Pike Associates, seconded by Mr. Hogan and unanimously carried. Recommendation of Civilian Pension Board - Cost of Living Adjustment (COLA) Members considered a recommendation of the Civilian Pension Board (Meeting of January 26, 2005), that a 2% Cost of Living Adjustment (COLA) increase be given to retirees on July 1, 2005. The last COLA was provided on July 1, 2003 for those who retired on or before December 31, 2002 at the rate of 1.5%. It was noted that after the Pension Board Meeting, several members of the Board had indicated that the motion should have stipulated that the COLA would be given to those that retired prior to December 31, 2004. The committee recommended that a 2% Cost of Living Adjustment (COLA) be given to retirees on July 1, 2005 for those that retired prior to December 31, 2004. Responding to Mr. Hogan, Mrs. Mitchell advised members that the City’s Actuary has estimated an additional 0.49% of covered payroll as the impact of granting current retirees a 2% COLA, which staff would include in the 2006 Budget if approved. Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Carey and carried by a unanimous roll call vote (Mr. Salters absent).

CITY COUNCIL MEETING OF MARCH 7, 2005 PAGE 4 Investment Policy Review Mrs. Mitchell, Finance Director/Treasurer, presented a revision to the Investment Policy that would amend Section 7.10 by allowing for the City’s Post-Retirement Benefits Fund to be invested in the Delaware Local Government Retirement Investment Pool (DELRIP). The committee recommended adoption of the revision to Section 7.10 of the Investment Policy as recommended by staff. By consent agenda, Mr. Carey moved for approval of the committee’s recommendation, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Salters absent). Proposed Charter Changes - Reincorporation of City Charter The last reincorporation of Dover occurred in 1929 and since that date, the Charter has been amended a multitude of times, resulting in a legal researching nightmare in determining the most current provisions of the Charter. The reincorporation would result in a concise, single complete document from which to operate. In January 2003, members of Council adopted a Resolution requesting the General Assembly of the State of Delaware to reincorporate the City of Dover. H.B. 59 was introduced to the 142nd General Assembly; however, it was referred to a committee and never received final consideration. Members of City Council have continued to have discussions regarding additional amendments to the City Charter. Since no action was taken with regards to the City’s request for reincorporation, during a Special Meeting of the Legislative, Finance, and Administration Committee of November 9, 2004, members suggested that staff review the City Charter for the purposes of identifying any discrepancies or conflicts with existing State law or City policies and practices for a report back in 90 days. As requested, the City Clerk, City Manager, and Finance Director/Treasurer reviewed the Charter and consulted other department heads for possible amendments. Mrs. Green, City Clerk, presented draft Charter revisions (depicting proposed amendments by bold italics (blue) for inserts, (red) strike-outs for deletions, and bold (green) italics for notes and comments. Based on discussions during the Special Committee Meeting of November 9, 2004, the Deputy City Solicitor submitted a letter explaining his position on the elimination of the Alderman’s Court. It was noted that based on the direction of the committee, the proposed Charter revisions include the elimination of the Alderman’s Court. Mr. Ruane noted that according to Section 53, the police force shall be chosen and appointed by the Mayor. Although the Mayor appoints the Police Chief, he does not hire/fire police officers. He suggested that the Section be amended to coincide with the Code. As a result of concerns that the Charter is in conflict with the Police Officers’ Bill of Rights, it was suggested that the City Solicitor review Section 53 for possible amendments. Mr. Ruane advised members that there would be additional costs involved with the reactivation of the Alderman Court; therefore, he did not feel that this would be a solution to the problem. He suggested that in order to rectify any problems we may have with the Courts’ review of City Code violations, the City should visit and address these concerns with the magistrates of the courts.

CITY COUNCIL MEETING OF MARCH 7, 2005 PAGE 5 The committee recommended approval of the proposed Charter changes for the Reincorporation of the City Charter with the stipulation that Section 52, Alderman, remain intact to be further reviewed by the City Clerk and City Solicitor for possible amendments to be presented to Council. It was noted that approval of the committee’s recommendation will require adoption of the Resolution requesting the General Assembly to Reincorporate the City Charter as amended. As a result of the committee’s recommendation, members were provided revisions to the Charter relative to the amendment to Section 52, Alderman. Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Sadusky. Referring to Section 52, Mr. Ruane reminded members that the purpose of the reincorporation was to provide the opportunity for the Charter to be amended in areas were there were conflicts with existing State law or City policies and practices. In this recognition, the proposal submitted to the committee by staff eliminated Section 52, Alderman, which suggests that the City have an Alderman Court. Mr. Ruane noted that issues that would involve the Alderman Court is currently being handled through the Justice of the Peace Court; therefore, he felt that Section 52 should be eliminated from the City’s Charter otherwise, there would be a conflict with current laws and practices. Mr. Ruane explained that in developing their recommendation, the committee was not privy to information that has recently been received, as follows: 1) SB 228, signed by the Governor on June 24, 2004 to become effective one year from its enactment, re-emphasizes the redundancy of Section 52 of the Charter, stating that “all judges of this State or any of its subdivisions shall be appointed by the Governor by and with the consent of the majority of all members elected to the Senate for such terms as shall be fixed by the constitution or state law”. Should Council approve the committee’s recommendation by maintaining Section 52 as presented, Mr. Ruane stated that the City would, in effect, be countering what has been legislated in terms of appointments. Minimally, Council would be required to amend Section 52 if it is decided to be maintained. 2) There has been research done by groups which indicate that the continuation of Alderman Courts are, in effect, unconstitutional. Mr. Ruane advised members that as a result, the 142nd General Assembly passed a HR 41, which provides history of this issue. He indicated that the Resolution states that in 1999, a study of the Delaware Alderman Courts was undertaken by a subcommittee of the Long-range Courts Planning Committee, and the findings of that were that the constitutional authority of Alderman Courts under Article IV of the Delaware Constitution is subject to question. It was the opinion of this subcommittee that Alderman Courts are most likely unconstitutional. Following up in 1992, an additional study of the Alderman Courts was completed by the Alderman Study Subcommittee of the Long-range Courts Planning Committee and concurred with the 1990 study re-affirming the conclusion that the constitutional authority of Alderman Courts is extremely questionable and led to the Delaware Supreme

CITY COUNCIL MEETING OF MARCH 7, 2005 PAGE 6 Court’s decision State versus Wilson. In May 1994, the Commission on Delaware Courts 2000 issued a final report stating that the jurisdiction of the Alderman Courts should be transferred to the Justice of the Peace System and agreed that the constitutionality of the Alderman Courts is extremely questionable. Mr. Ruane questioned why, in light of this information, the City of Dover would want to continue including in its Charter, the Alderman. As such, he felt there is ample evidence to support an amendment to the committee’s recommendation. Mr. Ruane moved to delete Section 52 and related sections that suggest that the City of Dover has an Alderman’s Court of the City Charter from the Reincorporation Legislation that will be forwarded to the General Assembly for amending the City Charter. The motion was seconded by Mr. Hogan. Responding to Mr. Hogan, it was the opinion of the City Solicitor Rodriguez that an Alderman is considered a judge; therefore, if Section 52 were to remain in the City Charter, it would be necessary to amend it in order for the City to comply with State law. He reminded members that Deputy City Solicitor Pepper was very adamant about maintaining the Alderman in the City Charter. For clarification purposes, Mr. Hogan stated that although there is reference of an Alderman, there is no mention of an Alderman Court in the City’s Charter. If Section 52 was amended to comply with State law, Mr. Hogan questioned if the Alderman would have the necessary authority and if the Governor would even make such appointments. Responding, City Solicitor Rodriguez stated that the general consensus is that both the judiciary and General Assembly opposes the City having an Alderman Court. Mr. Ritter suggested that this matter be referred back to the committee for consideration of amending Section 52 to comply with State law. Mr. Ruane also noted concerns with comments regarding the Justices acting on behalf of the City of Dover and that he has requested historical information to substantiate these claims, which has not been provided to date. However, if there are problems, he explained that he City can approach the administrator of the Courts along with Representative Wagner, who has a keen interest in this matter and has indicated a willingness to assist the City with any concerns, and convene those magistrates in our jurisdiction and require them to be oriented, be more responsible, and more educated on the City’s Code so that the City is provided all due and proper service by that court. The motion to delete Section 52 and related sections that suggest that the City of Dover has an Alderman’s Court of the City Charter from the Reincorporation Legislation that will be forwarded to the General Assembly for amending the City Charter failed by a roll call vote of five (5) yes and three (3) no (Mr. Hogan, Mr. Ruane, and Mrs. Williams) (Mr. Salters absent).

CITY COUNCIL MEETING OF MARCH 7, 2005 PAGE 7 Mr. Slavin moved to withdraw his motion for the purpose of referring this matter back to the Legislative, Finance, and Administration Committee and requesting that Deputy City Solicitor Pepper attend the meeting to allow for due diligence in understanding this issue. The seconder, Mr. Sadusky concurred, and the motion was carried by a unanimous roll call vote (Mr. Salters absent). By consent agenda, Mr. Carey moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Salters absent). SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - FEBRUARY 16, 2005 The Safety Advisory and Transportation Committee met on February 16, 2005 with Chairman Ritter presiding. Update - DelDOT Projects (Gary Laing) Mr. Gary Laing, DelDOT Municipal Liaison, provided the committee with the following updates: Traffic Loop - Delaware State University/Dover Mall/Dover Downs There have been discussions of a traffic loop for Delaware State University, Dover Mall, and Dover Downs, including expansion plans of the involved parties. Discussions have also begun on how to alleviate traffic conditions, especially on Route 13. DelDOT has requested the owners of the Dover Mall to provide a proposal on how their expansion will incorporate ways of alleviating traffic conditions on Route 13. West Dover Connector Project A West Dover Connector working group meeting is scheduled for Wednesday, March 23, 2005 at 4:30 p.m. at the Modern Maturity Center. The group will discuss the information from the Workshop that was held in November 2004. Rodney Village Civic Association DelDOT will be represented at the meeting of the Rodney Village Civic Association being held next week. Leadership has changed within this organization and DelDOT is addressing the organization’s misconceptions of DelDOT projects and hopes to clarify matters at this meeting. Traffic Signalization Projects The Traffic Signalization Project is well underway. Walker Road Project Construction Construction on the Walker Road Project will resume in the spring. Mr. Ritter requested Mr. Laing to provide members with an update on the Traffic Studies - SR1/Route 8 and East Dover Housing Development Projects and South Governors Avenue at the March 16, 2005 meeting. Mr. Ruane requested that the committee also be given an update on the top three (3) transportation projects that were sent to Secretary Hayward on January 26, 2005.

CITY COUNCIL MEETING OF MARCH 7, 2005 PAGE 8 Proposed Ordinance Amendments - Section 7-7 - Fire Prevention (Sprinklers) During their meeting of January 12, 2005, the City’s Fire Marshal, Mr. Truax, provided a PowerPoint Presentation of recommended Code amendments related to fire suppression. As a result, Mr. Truax, presented proposed ordinance amendments to create a new Section 7-7 - Fire Prevention (Sprinklers) to the Dover Code. He advised members that the State Fire Marshal’s Office has reviewed and supports the proposed ordinance amendments. Also, the Chamber of Commerce participated in the development of the ordinance and supports the amendments. Due to the lack of a quorum, there was no recommendation forwarded by the committee. At the request of Mr. Ritter, Mr. Truax briefed members on the proposed ordinance amendment, explaining that it would create a new Section specifically to address sprinkler requirements. Mr. Ritter moved for approval of the proposed ordinance amending Section 7-7 of the Dover Code, seconded by Mr. Carey and unanimously carried. (The First Reading of the ordinance will take place during the latter part of the meeting). Resident Concerns - Loud Car Bass Music, Loitering, Noise, and Suspicious Rentals (Eric O’Brien) Mr. Eric O’Brien, 30 North New Street, discussed with members his concerns of the quality of life surrounding his residence. He noted problems of loitering, prostitution, and criminal activity that continues to go on after bringing this to the City’s attention for the past thirteen years. Mr. O’Brien read a letter to members and advised members that on April 29, 2004, a ninety page report was submitted to the Human Relations Commission and they continue to ignore his request. Mr. O’Brien requested that Mr. Ritter forward a copy of his Human Relations Commission Intake Form, with attached notes, to Mr. John Kotzun, Chairman of the Human Relations Commission. Mr. Ritter thanked Mr. O’Brien, and stated that the City of Dover is working diligently to make improvements; however, it does take time. He stated that a letter had been sent to the State of Delaware requesting that the General Assembly consider the passage of legislation to prohibit the installation of loud-sounding stereo systems and the committee recommended to Council that four new officers be hired for the Quality of Life Task Force. By consent agenda, Mr. Carey moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Salters absent). MONTHLY REPORTS - JANUARY 2005 By motion of Mr. Carey, seconded by Mr. Sadusky, the following monthly reports were accepted by consent agenda (Mr. Salters absent): Budget Report Chief of Police Report City Assessor Report City Clerk/Alderman Report (Fines)

CITY COUNCIL MEETING OF MARCH 7, 2005 PAGE 9 City Manager's Report Mayor's Report Planning and Inspections Report Robbins Hose Company No. 1 Report ANNUAL REPORTS - FIRE DEPARTMENT AND POLICE DEPARTMENT By consent agenda, Mr. Carey moved for acceptance of the Annual Reports of the Fire Department and the Police Department (as on file in the Office of the City Clerk), seconded by Mr. Sadusky and carried by a unanimous roll call vote (Mr. Salters absent). FIRST READING - PROPOSED ORDINANCE In accordance with Section 1-6 of the Dover Code, Council acknowledged the First Reading of the Rezoning Ordinance as read by the City Clerk, by title only, as follows: Chapter 7 - Fire Prevention and Protection, Article I - In General, Section 7-7 - Sprinkler Requirements (Safety Advisory and Transportation Committee) REZONING REQUEST/FIRST READING - 585 FOREST STREET, 111 SOUTH WEST STREET, AND 122 SOUTH KIRKWOOD STREET, OWNED BY ROBERT M. DUNCAN A request was received to rezone property located on the north side of Forest Street between South West Street and South Kirkwood Street, being 585 Forest Street, 111 South West Street, and 122 South Kirkwood Street, owned by Robert M. Duncan. The properties are currently zoned C-3 (Service Commercial) and C-2 (Central Commercial) and the requested zoning is C-1A (Limited Commercial). Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required. By motion of Carey, seconded by Sadusky, Council unanimously referred the request to the Planning Commission on March 21, 2005 and set a public hearing before City Council for April 11, 2005 at 7:30 p.m. The First Reading of the following proposed ordinance was accomplished by title only: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 585 FOREST STREET, 111 SOUTH WEST STREET, AND 122 SOUTH KIRKWOOD STREET. COUNCIL MEMBERS COMMENTS Mr. Ruane commended the City Chaplain, Reverend Wallace Dixon, who was recently presented with the AGAPE Award at a banquet held on March 5, 2005 at the Modern Maturity Center. He noted that such an award indicates the commitment of the recipient to family and community. Responding to Mr. Sadusky, Mr. DePrima stated that although he felt it was too early to provide an opinion on his new hybrid vehicle, it is currently achieving 21 miles to the gallon in town.

CITY COUNCIL MEETING OF MARCH 7, 2005 PAGE 10 Mr. Carey moved for adjournment, seconded by Mr. Sadusky, and unanimously carried. Meeting Adjourned at 8:21 P.M. JANICE C. GREEN CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of March 7, 2005, are hereby approved. STEPHEN R. SPEED MAYOR /JG S:\ClerksOffice\Agendas&Minutes\Council-Minutes\2005\03-07-2005.wpd

A Mid-Year Review of 2004/2005 City of Dover Budgets March 14, 2005 Anthony J. DePrima, City Manager Donna S. Mitchell, Finance Director Teresa A. Tieman, Admin. Services Director

Introduction The purpose of this report is to give City Council a mid-year picture of our operating expenses and revenues for all City budgets. This should be considered a proactive exercise so that Council can take necessary actions to adjust our budgetary behavior if necessary. This is the fourth State of the Budget Report given to City Council. It is a substitute for the “across the board” mid-year budget amendments that have been done in the past. Overall, the report projects that the General Fund Budget Balance will decrease by $11,403 to $2,192,963. This is due to lower than projected revenues in Beginning Balance, Permits and Other Licenses, and Civil Traffic Penalties. The fund balance meets the eight percent fund balance requirement. The combined Water/ Wastewater Fund Budget Balance is projected to decrease by $853,823 to $1,276,972. This decrease is primarily due to revenue estimates being revised downward to reflect actual results. The Electric Fund Budget Balance will also decrease by $455,200 to $3,466,290. The decrease in fund balance reflects an increased transfer to the Improvement and Extension Fund for increased costs associated with new construction developments. Our “Manage to the Budget” philosophy continues to be successful. The City Manager and Finance Director continue to monitor budgets closely. Operating expenditures that exceed budget line items are not being approved without internal budget amendments being done first. By internal budget amendments, we mean moving budgeted funds from one account to another within the department’s budget in accordance with the budget policy. If internal budget amendments cannot cover the additional expense, then inter-departmental transfers are considered. Finally if the increase is critical enough, the City Manager and Finance Director will propose amendments through this report. As would be expected, there are variances, both negative and positive, to our current budget. It is important to note that a conservative approach was used in determining these numbers. In general, negative impacts were over-compensated, while positive impacts were under-compensated. It should be noted that, overall, it has been necessary to increase gasoline expense budgets to reflect actual expenses throughout the City’s department budgets. Gasoline budgets were adjusted upward in the General, Water/Wastewater and Electric Funds by $51,591, $4,900 and $14,972 respectively. This is an additional $71,463 of expense collectively. The more notable revisions are explained in general below. Attached are the actual mid-year reports and footnotes that provide additional detail for your consideration. If acceptable, formal budget amendments have been attached for your approval. This will enable us to fund these items with a legal budget appropriation. 2

• The Beginning Balance for the General Fund Budget decreased by $141,107 to reflect year-end encumbrances. • Permits & Other Licenses were adjusted downward $100,000 to reflect revised projected revenue streams. • Transfer Tax revenue was revised upward $300,000 to reflect revised projected revenue. • Recreation grants were revised downward $110,000 to reflect revised projected receipts. There is a corresponding decrease in expenditures. • The new “Transfer from Civil Traffic Penalties” revenue has been adjusted down $300,000 to reflect revised projected revenue. • In general, many departments in the General Fund were able to revise their budgets downward or maintain them at budgeted expense levels. There are two exceptions: The Police department experienced higher vehicle maintenance costs due to repairs from accidents; and Administrative Services contractual services expense increased as a result of increased credit card processing fees. • Water, Wastewater, and Wastewater Adjustment Fees are being projected downward overall by $635,484. Impact Fee revenue is adjusted upward $335,000 to reflect revised projected revenue. At this time, our Kent County fee expenses are projected to come in as budgeted, but our deficit is increasing. We are transferring $253,371 in additional revenue to the Improvement & Extension fund to reserve for future projects. The Fund’s minimum reserve balance is maintained in aggregate. • At this time, Electric revenues are on target. The Electric Fund has seen significant increases in expenses due to the increase of new construction developments and contractual services expense - primarily legal fees. A $600,000 transfer to the Improvement & Extension Fund was made to cover the additional costs associated with new developments. Additional monies have been budgeted in Administration to cover the additional legal fees. The Duke Contract Revenue was $1,072,000 this year and will be transferred into a rate stabilization reserve. This fund meets its minimum reserve balance requirement. • Because of the lower than anticipated revenues in the General Fund and the Water/Wastewater fund, we are not recommending sweeping salary accounts into the post-retirement benefits reserve at this time. The City’s original appropriations of $600,000 (General Fund), $100,000 (Water/Wastewater Fund) and $200,000 (Electric Fund) have already been made. If additional revenues are realized or expenses are reduced in the remainder of the year, we propose doing it then. 3

General Fund Receipts: 1. Permits & Other Licenses – adjusted downward to correct revenue estimate and reflect current revenue streams 2. Transfer Taxes – increased based on a higher level of property transfers than budgeted 3. Recreation grants – adjusted to reflect actual receipts; There is a corresponding decrease to expenses. 4. Transfer from Civil Traffic Penalties – adjusted to reflect revised projected receipts Expenditures: 1. Grounds – increased to reflect tree planting grants of $13,000 2. Recreation – decreased to reflect grant projects not funded 3. Police – increased to reflect additional vehicle maintenance charges 4. Administrative Services – increased to reflect additional credit card fees 5. Provisions for Uncollectibles – to provide for uncollectible trash receipts 6. Transfer to Workers Compensation Fund – Monies have been set aside to supplement the Workers Compensation Fund. 4

CITY OF DOVER GENERAL FUND FISCAL YEAR 2005 MID-YEAR BUDGET REVIEW MARCH, 2005 Adjusted March Revised FY 2005 Budget FY 2005 RECEIPTS Budget Review/Revision Budget Beginning Balance $ 2,917,154 (141,107) $ 2,776,047 Fines & Police Revenue 571,020 - 571,020 911 Fee 64,000 - 64,000 Interest Transfers and Earnings 150,000 - 150,000 Library Revenues - General 33,700 - 33,700 Library Rev - County 297,000 - 297,000 Business Licenses 1,214,793 15,207 1,230,000 Permits & Other Licenses 1,040,580 (100,000) 940,580 Miscellaneous Revenues 75,850 - 75,850 Police Extra Duty Fees 377,720 - 377,720 Property Taxes 7,396,454 - 7,396,454 Recreation Revenue 92,700 - 92,700 Franchise Fee 360,000 - 360,000 Transfer Tax 1,400,000 300,000 1,700,000 Trash Fees 950,000 - 950,000 DSWA-Trash Fee Rebate 162,000 13,583 175,583 Rental Income - Garrison Farm 28,213 - 28,213 Court of Chancery Fees 480,000 40,000 520,000 Internet Service Revenue 26,460 (6,460) 20,000 Sale of Land - 16,750 16,750 Intrafund Service Receipts Water/Wastewater 1,025,270 (18,982) 1,006,288 Intrafund Service Receipts Electric 3,873,593 (66,663) 3,806,930 Grants: Recreation 130,000 (110,000) 20,000 Police Related 180,000 - 180,000 State Grant- Trail Maintenance - 1,200 1,200 Tree Planting Grant - 13,000 13,000 Transfer from Parkland Reserve - - - Transfer from Municipal Street Aid 780,000 12,000 792,000 Transfer from Civil Traffic Penalties 800,000 (300,000) 500,000 Transfer from Capital Asset Reserve - - - Transfer from Contingency Reserve 250,000 - 250,000 Transfer from Water/Wastewater 848,016 - 848,016 Transfer from Electric Fund 5,463,008 - 5,463,008 TOTALS $ 30,987,531 $ (331,472) $ 30,656,059 5

CITY OF DOVER GENERAL FUND FISCAL YEAR 2005 MID-YEAR BUDGET REVIEW MARCH, 2005 Adjusted March Revised FY 2005 Budget FY 2005 EXPENDITURES Budget Review/Revision Budget City Clerk $ 366,307 $ - $ 366,307 Council 148,387 (6,550) 141,837 Tax Assessor 251,212 (16,429) 234,783 Fire 924,434 900 925,334 Grounds 991,020 13,150 1,004,170 Library 953,388 (52,512) 900,876 Recreation 768,379 (105,778) 662,601 Planning 228,391 (27,249) 201,142 Public Inspections 953,251 (21,989) 931,262 Police 9,865,086 24,697 9,889,783 Police Extra Duty 452,280 - 452,280 Streets 1,234,130 (1,953) 1,232,177 Sanitation 1,992,928 (317) 1,992,611 City Manager 435,772 (28,820) 406,952 Information Technology 889,017 (54,017) 835,000 Finance 648,362 (35,292) 613,070 PW Administration 302,373 1,460 303,833 Facilities Management 1,083,532 (6,882) 1,076,650 Engineering 256,686 (1,062) 255,624 Central Services 788,146 (15,005) 773,141 Vehicle Maintenance 614,578 1,640 616,218 Administrative Services 1,059,118 24,957 1,084,075 Human Resources 327,208 (37,134) 290,074 Mayor 102,568 (1,884) 100,684 Provision for Uncollectibles - 10,000 10,000 Debt Service 440,372 - 440,372 Transfer to Post Retirement Benefit Reserves 600,000 - 600,000 Transfer to Workers Compensation Fund - 16,000 16,000 Insurance 574,643 - 574,643 Retirees Health Care 646,627 - 646,627 Street Lights 460,000 - 460,000 Transfer to Parkland/Recreation Reserve 374,970 - 374,970 Budget Balance - Working Capital 2,254,366 (11,403) 2,242,963 TOTALS $ 30,987,531 $ (331,472) $ 30,656,059 6

Water/Wastewater Fund Revenues: 1. Water/Wastewater/County Sewer Adjustment Fees – decreased based on year- to-date data 2. Impact Fees – increased based on additional construction Expenses: 1. Water – decreased to reflect reduced expenditures primarily electricity 2. Intrafund Service Fees – decreased to reflect reduced expenditures in the General Fund 3. Transfers to Water and Wastewater I&E – increased to reserve monies for future projects 7

CITY OF DOVER WATER/WASTEWATER FUND FISCAL YEAR 2005 MID-YEAR BUDGET REVIEW MARCH, 2005 Adjusted March Revised FY 2005 Budget FY 2005 REVENUES Budget Review/Revision Budget Beginning Bal - Water $ 1,634,541 $ (7,000) $ 1,627,541 Beginning Bal - Wastewater 644,223 (31,956) 612,267 Beginning Bal - County Adj (1,085,930) - (1,085,930) Water Fees 3,962,500 (226,432) 3,736,068 Wastewater Fees 2,931,810 (594,691) 2,337,119 Wastewater Adjustment Fees 2,788,875 185,639 2,974,514 Miscellaneous Service Fees 41,950 - 41,950 Water Tank Space Leasing 240,102 - 240,102 Interest Earnings 40,000 - 40,000 State Reimbursement/Grants 30,000 - 30,000 Transfer from Contingency 241,680 - 241,680 Impact Fees 665,000 335,000 1,000,000 TOTALS $12,134,751 ($339,440) $11,795,311 EXPENSES Construction $ 495,136 $ 637 $ 495,773 Water 880,103 (82,569) 797,534 Water Treatment Plant 639,106 (7,850) 631,256 Wastewater 758,196 (45,268) 712,928 Water Meter Reading 57,685 (2,604) 55,081 Kent County Fees 3,600,000 - 3,600,000 Retirees Health Care 96,330 - 96,330 Intrafund Service Fees 1,025,270 (18,982) 1,006,288 Debt Service - Arbitrage Rebate 34,390 - 34,390 Debt Service - Water 660,221 - 660,221 Debt Service - Wastewater 434,492 - 434,492 Transfer to Water I/E 227,151 147,776 374,927 Transfer to Wastewater I/E - 105,595 105,595 Transfer to Impact Fee Reserve 147,860 417,648 565,508 Transfer to General Fund - Water 424,008 - 424,008 Transfer to General Fund - WW 424,008 - 424,008 Post-Retirement Benefits Reserve 100,000 - 100,000 Budget Balance - Water 2,293,963 (279,627) 2,014,336 Budget Balance - WW 1,344,727 (370,675) 974,052 Budget Balance - Kent County Fees (1,507,895) (203,521) (1,711,416) TOTALS $ 12,134,751 $ (339,440) $ 11,795,311 8

Water/Wastewater Improvement & Extension Fund Revenues: 1. Beginning Balance - Wastewater – increased due to year-end adjustments 2. Bond Issue Proceeds Series 2005 – decreased and will not be issued 3. Miscellaneous – increased to reflect receipt from Calvary Baptist Church for water system improvements Expenses: 1. Water – increased to reflect change in Wellhead Redevelopment Program 2. Wastewater – decreased to reflect change in work program 9

CITY OF DOVER WATER/WASTEWATER IMPROVEMENT & EXTENSION FUND FISCAL YEAR 2005 MID-YEAR BUDGET REVIEW MARCH, 2005 Adjusted March Revised FY 2005 Budget FY 2005 REVENUES Budget Review/Revision Budget Beginning Balance - Water $ 342,930 $ - $ 342,930 Beginning Balance - Wastewater 499,917 119,661 619,578 Beginning Balance - Bond Proceeds -Water 542,214 - 542,214 Beginning Balance - Bond Proceeds - Wastewater 903,455 - 903,455 Bond Issue Proceeds Series 2005 1,175,000 (1,175,000) - Interest Earned - - - Miscellaneous - 50,000 50,000 Transfer from Water WW for Water 227,151 147,776 374,927 Transfer from Water WW for Wastewater - 105,595 105,595 Transfer from Impact Fee Reserve 460,000 (185,000) 275,000 TOTALS $ 4,150,667 $ (936,968) $ 3,213,699 EXPENSES Water $ 1,048,453 $ 77,391 $ 1,125,844 Wastewater 2,460,624 (1,010,590) 1,450,034 Water Construction 107,364 (101) 107,263 Budget Balance - Water- Working Capital 10,160 120,435 130,595 Budget Balance - Wastewater - Working Capital 24,066 375,897 399,963 Budget Balance - Bond Proceeds - 2005 500,000 (500,000) - TOTALS $ 4,150,667 $ (936,968) $ 3,213,699 10

Electric Revenue Fund Revenues: 1. Sales to Customers – no change at this time as revenues appear to be on target 2. Duke Contract Revenue – has been received and budgeted Expenses: 1. Purchased Power - DLD – no change at this time as expenses appear to be on target 2. Electrical Engineering – increased due to gasoline and contractual expenses 3. Transfer to Workers Compensation Fund – Monies have been set aside to supplement the Workers Compensation Fund. 4. Interest on Deposits – increased to reflect revised projected expenses 5. Intrafund Service Fees – decreased to reflect reduced expenditures in the General Fund 6. Improvement/Extension – increased for expense associated with new con- struction developments 7. Debt Service – increased to reflect revised projected expenses 8. Debt Service - Arbitrage Compliance – calculation came back with zero due 9. Inventory Reserve – decreased to reflect needed reserve 10. Rate Stabilization Reserve – increased to reflect transfer of actual rebate 11

CITY OF DOVER ELECTRIC REVENUE FUND FISCAL YEAR 2005 MID-YEAR BUDGET REVIEW MARCH, 2005 Adjusted March Revised FY 2005 Budget FY 2005 REVENUES Budget Review/Revision Budget Beginning Balance $ 3,842,665 $ (6,286) $ 3,836,379 Sales to Customers 55,633,802 - 55,633,802 Power Cost Adjustment 4,934,544 - 4,934,544 Utility Tax 1,182,367 - 1,182,367 Miscellaneous Revenue 496,000 - 496,000 Interest Earnings 120,000 - 120,000 Rental Income - Weyandt Hall 170,885 - 170,885 Duke Contract Revenue - 1,072,000 1,072,000 TOTALS $ 66,380,263 $ 1,065,714 $ 67,445,977 EXPENSES Purchased Power - DLD $ 40,555,237 $ - $ 40,555,237 Transmission/Distribution 2,963,771 5,750 2,969,521 Electrical Engineering 1,668,692 16,708 1,685,400 Administration 806,659 63,890 870,549 Meter Reading 281,577 (8,732) 272,845 Utility Tax 1,182,367 - 1,182,367 Provision for uncollectible 125,000 - 125,000 Retirees Health Care 456,656 - 456,656 Post retirement benefits reserve 200,000 - 200,000 Transfer to Workers Compensation Fund - 8,000 8,000 Interest on Deposits 15,000 10,000 25,000 Intrafund Service Fees 3,873,593 (66,663) 3,806,930 Other Appropriations: Improvement/Extension - 600,000 600,000 Future Capacity 2,000,000 - 2,000,000 Contingency 22,000 - 22,000 General Fund 5,463,008 - 5,463,008 Street Light - - - Debt Service 2,170,213 494,961 2,665,174 Debt Service - Arbitrage Compliance 50,000 (50,000) - Inventory Reserve 125,000 (125,000) - Rate Stabilization Reserve 500,000 572,000 1,072,000 Budget Balance - Working Capital 3,921,490 (455,200) 3,466,290 TOTALS $ 66,380,263 $ 1,065,714 $ 67,445,977 12

Electric Improvement & Extension Fund Revenues: 1. Beginning Balance – reduced to reflect accrual of estimated AT&T bill 2. Transfer from Electric Revenue Fund – increased for expense associated with new construction developments Expenses: 1. Transmission/Distribution – increased for expense associated with new con- struction developments 2. Electrical Engineering – increased for expense associated with new construction developments. 13

CITY OF DOVER ELECTRIC IMPROVEMENT & EXTENSION FUND FISCAL YEAR 2005 MID-YEAR BUDGET REVIEW MARCH, 2005 Adjusted March Revised FY 2005 Budget FY 2005 REVENUES Budget Review/Revision Budget Beginning Balance $ 5,795,917 $ (650,000) $ 5,145,917 Trsfr from Electric Rev Fund - 600,000 600,000 Interest Earnings 75,000 - 75,000 TOTALS $ 5,870,917 $ (50,000) $ 5,820,917 EXPENSES Transmission/Distribution $ 981,114 $ 651,952 $ 1,633,066 Electrical Engineering 3,106,604 (51,952) 3,054,652 Transfer to Rate Stabilization Fund 910,824 - 910,824 Budget Balance - Working Capital 872,375 (650,000) 222,375 TOTALS $5,870,917 ($50,000) $5,820,917 14

LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee meeting was held on March 7, 2005, at 6:15 p.m. with Councilman Slavin presiding in the absence of Chairman Salters. Members present were Mr. Hogan and Mr. Shelton. Mr. Shevock was absent. Members of Council present were Mr. Carey, Mr. Pitts, Mr. Sadusky, Mr. Ritter, Mr. Ruane, and Council President Williams. Mayor Speed was also present. AGENDA ADDITIONS/DELETIONS Mr. Hogan moved for approval of the agenda as presented, seconded by Mr. Shelton and unanimously carried. Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2004 In accordance with Section 46 of the City Charter, the City's financial books are audited by independent auditors each year. The Finance Director/Treasurer, Mrs. Mitchell, submitted the Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 2004. It was noted that all financial transactions were audited by the selected C.P.A. firm of Faw Casson & Company, whose opinion has been included in the report. The City has received the Award of Excellence in Financial Reporting from the Governmental Finance Officers Association of the United States and Canada (GFOA) for the last 19 years. Mrs. Mitchell gave a Power Point Presentation which highlighted the key points of this year’s CAFR. Mr. Frank Tenusak, 880 Schoolhouse Lane, noted that there would be a significant budget impact in 2008 due to the post-retirement (medical) benefits and requested staff to quantify the range of significance and questioned if there is any ability to create an anticipated reserve at this time so that the impact in 2008 would be less significant. Responding, Mrs. Mitchell explained that the City has taken a pro-active approach to address the post-retirement (medical) benefits. She reiterated that for the year ended June 30, 2004, $1.4 million has been appropriated to the post-retirement benefits fund and that an additional $900,000 is being budgeted for 2005. To quantify the liability, Mrs. Mitchell stated that in accordance with the preliminary analysis, the impact is estimated at $23 million. Since two (2) members of the committee were absent, Mr. Slavin suggested that this matter be forwarded to City Council for action. Mr. Hogan moved for adjournment, seconded by Mr. Shelton and unanimously carried. Meeting Adjourned at 6:35 P.M. Respectfully submitted, Timothy A. Slavin Acting Chairman TS/jg S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2005\03-07-2005-LF&A.wpd

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT The Parks, Recreation, and Community Enhancement Committee Meeting was held on March 1, 2005, at 12:04 p.m. with Chairman Pitts presiding. Members present were Mr. Hogan, Mr. Ruane, and Mr. Truitt. Mr. Anderson was absent. Mayor Speed was also present. AGENDA ADDITIONS/DELETIONS Mayor Speed requested the addition of item #1 - “Brief Discussion of the Proposed Civic Center”. Mr. Pitts requested the addition of item #3 - “Community Report”. Mr. Truitt moved for approval of the agenda, as amended, seconded by Mr. Ruane and unanimously carried. Civic Center Update Last year, at the request of the State Bond Bill Committee, the Delaware Civic Center Corporation commissioned C. H. Johnson to perform a Civic Center Economic Impact Study. Mayor Speed reviewed the information provided in the study. He stated that the proposed Civic Center, which would be located in the vicinity of Sam’s Club and Scraborough Road, is a partnership project between the Civic Center Association and Delaware State University. He also noted that no other Civic Center projects are being proposed in Delaware. Responding to Mr. Ruane, Mayor Speed stated that this is a “Statewide” project and that the City’s anticipated contribution is the land that has already been donated and the relocation of the electric substation, which Council approved for inclusion in the CIP. Mayor Speed noted that the City would benefit from the Civic Center being a significant water, electric, and sewer customer. Another positive impact from this project is an estimated 501 new jobs and approximately $20 million in associated personal income. Mayor Speed stated that the Legislature has not yet voted on the Bond Bill. Discussion - Ideas of Mayor Speed for Neighborhood Improvements During the Council Retreat held on January 21, 2005, Mayor Speed proposed consideration of a Homeownership Initiative for the Downtown area, including: monetary incentives; zoning changes to include a new, mixed-use Downtown Zone as specified in the Comprehensive Plan; nuisance property enforcement; transfer tax elimination for first time home buyers; real estate tax abatement in the target area; and, elimination of conversion from Single to Multi-family homes. Mayor Speed provided a map of the targeted area, from Mary Street to Loockerman Street and Governor’s Avenue to West Street, which he suggested should be concentrated on at this time, and provided information on the following: A. Monetary Incentives: 1. Extend 1st Time Home Buyer Transfer Tax Exemption to the Seller Mayor Speed stated that most municipalities currently have a first time home buyer transfer tax exemption in place for the seller and he would like to implement a similar exemption Citywide, for the following reasons: 1) the City of Dover is below the national average Citywide in home ownership; and 2) it would prevent

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF MARCH 1, 2005 PAGE 2 problem areas from surfacing in other areas of the City. Had this program been in place in June 2004, the approximate cost would have been $122,000. Mr. Ruane stated tax exemption for the seller seems like a reward for moving out of the City. Responding, Mayor Speed stated that the loss of revenue assumes a static situation and assumes that the process has no effect. An increase in home ownership within the City will result in increased property values, which will increase tax revenues every three (3) years when the reassessment is completed. Mayor Speed advised members that although he would prefer that such an incentive be implemented Citywide, rather than having the incentive concept discarded, he would agree to implement it in the target area initially and then have it extended Citywide. Mr. Ruane moved to recommend extending the first time home buyer transfer tax exemption to the seller in the target area, defined as Mary Street to Loockerman Street and Governors Avenue to West Street, seconded by Mr. Hogan and unanimously carried. 2. Real Estate Tax Abatement for Home Purchasers in the Target Area Mayor Speed proposed implementing a real estate tax abatement program for anyone purchasing homes in the target area. This could be accomplished by waiving the property taxes the first year and gradually increasing the percentage of the tax due until the property owner is paying 100% of their tax bill. Responding to Mr. Hogan, Mayor Speed stated that this would include the purchase of homes in the target area and would not be limited to rental properties. Mr. Hogan moved to recommend that staff prepare an ordinance which would phase in tax abatement over a period of time, as follows: No taxes in the first year; 25% in the second year; 50% in the third year; 75% in the fourth year; and 100% the fifth year, with the stipulation that the program only be open for five years, after which time it will automatically expire; it was also stipulated that the homeowner would be required to occupy the home until they are paying 100% of the taxes or that they rebate any taxes that they were exempt from and that the area of exemption be defined as being from Mary Street to Loockerman Street and Governors Avenue to West Street. The motion was seconded by Mr. Ruane and unanimously carried. 3. Partnership to Create Reduced Cost Mortgages in Target Area Mayor Speed advised members that the Downtown Dover Development Corporation (DDDC) has suggested the creation of a partnership with a mortgage company that would provide for reduced cost mortgages in the target area in an effort to reduce barriers to home ownership, such as qualifying for mortgages. No further action was taken by the committee at this time.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF MARCH 1, 2005 PAGE 3 4. Increase Community Development Downpayment Assistance Mayor Speed stated that the increase in Community Development downpayment assistance has been implemented. Mr. Ruane moved to recommended that Council support priority use of the Community Block Development Grant (CDBG) money in its five year goal plan with the focus being: 1) the Community Development Downpayment Assistance Program; and 2) Rehabilitation. The motion was seconded by Mr. Hogan and unanimously carried. B. Zoning Changes: 1. New Mixed Use Zone Mayor Speed explained that the City’s Comprehensive Plan, which was originally adopted in 1996 and updated in 2003, states that the City of Dover will have a mixed use zone. The idea of this is to deconcentrate rental properties. It was noted that the Planning and Inspections Department is planning to include the new zoning classification in the Implementation Chapter of the Comprehensive Plan and will be considered by City Council at that time. 2. Eliminate Single to Multi-Family Conversions in RG-1 Mayor Speed stated that the City’s largest concentration of RG-1 zoning, where conversion from single family homes to multi-family homes is permitted, is located in the downtown area. He suggested eliminating conversion in RG-1 only, not RG-2, in order to prevent correcting a problem in one area only to have it move to another area. Mr. Ruane moved to recommend that staff prepare an ordinance to eliminate single-family to multi-family conversion in the RG-1 area. The motion was seconded by Mr. Hogan and unanimously carried. C. Nuisance Property Enforcement: Mayor Speed advised members that staff is researching State legislation regarding the handling of nuisance properties, such as those with repeated or continued drug, violence, gambling and prostitution activity. No further action was taken by the committee at this time. Community Report - Chairman Pitts Mr. Pitts provided members some history of downtown Dover, explaining that although the City has made great improvements over the years, there are still more improvements to be made. Ms. Lori James, representing Senator Thomas Carper, advised the committee that approximately two (2) years ago Senator Carper initiated a pilot housing initiative program, which is managed by the

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF MARCH 1, 2005 PAGE 4 Dover Housing Authority. She noted that although Delaware has a very good home ownership rate nationwide, Kent County has a 52% home ownership rate. Mr. Pitts noted that there are approximately twenty (20) lots, some vacant and some with houses, in the target area that will either be rehabilitated or demolished. It was noted that the Downtown Merchant’s Association recently submitted a request that the City consider the adoption of an ordinance to address vacant buildings in the downtown area. Members felt that vacant buildings are a problem throughout the City. Mr. Ruane moved to recommend that during the next committee meeting, members have a discussion regarding vacant buildings and that the Downtown Merchants Association be invited to participate. The motion was seconded by Mr. Hogan and unanimously carried. Mr. Truitt moved for adjournment, seconded by Mr. Ruane and unanimously carried. Meeting Adjourned at 1:35 P.M. Respectfully submitted, John W. Pitts Chairman JWP/rfm S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2005\03-01-2005-PR&CE revised.wpd

City of Dover, Delaware Department of Planning and Inspections Annnnuuaall R 22000044 A Reeppoorrtt Planning * Inspections * Fire Marshal Community Development James J. Galvin, Jr., AICP, Director

March 9, 2005 The Honorable Stephen Speed, Mayor, Ms. Beverly Williams, Council President And Members of City Council Dover City Hall 15 East Loockerman Street Dover, Delaware 19901 Dear Mayor, President and Council Members: On behalf of the entire staff, I respectfully submit the 2004 Department of Planning and Inspections Annual Report for your review. This report is a combination of statistical data, narratives and anecdotal information on our activities and accomplishments. It reflects the efforts of the staff of the Department of Planning and Inspections to continue the good work for the City of Dover. As we all know, this past year was the first in several not to include key personnel changes. Through the year, staff maintained the level of service required to meet the needs of the community. I believe the Department began the year with commitment to provide the services for which they are responsible and ended the year with a renewed ability to concentrate on those responsibilities to improve the overall quality of life for the Citizens of Dover. The Annual Report is broken into five sections. Part I will introduce the activities for the Department of Planning and Inspections in 2004. Part II is a listing of highlighted accomplishments for the year and division reports for Community Development, Fire Marshal's Office, Building Inspections and Code Enforcement, and Planning. Part III provides a summary of the projects and activities of the Department. Part IV provides a short synopsis of the activities of the various Boards and Commissions that the Department staffed and assisted during 2004. Part V is a short analysis of revenues generated by the Department as well as the development activity in 2004. And finally, Part VI lists the specifics of the applications reviewed by the appointed Boards and Commissions. The level of service represented in this report represents the commitment and dedication to the City of Dover by the staff of the Department of Planning and Inspections and the Citizen members of the various Boards, Commissions, and Committees. Our mutual goal has been to maintain the unique quality of life in the City of Dover during the continued growth we have experienced. On a personal note, I am proud to work with such a talented, thoughtful crew that we have in the Department. I hope I have assisted them as much as they have assisted me. Thank you for your consideration of this report. Should you have any questions or comments concerning the following, please do not hesitate to contact me. Sincerely, James J. Galvin, Jr. AICP Director, Planning & Inspections

2004 Annual Report Department of Planning and Inspections Page i I. INTRODUCTION 3 II. DIVISION REPORTS 5 Personnel 5 Building Permits and Licensing Staff 5 Planning Division 6 Community Development Division 7 Fire Marshal’s Office 8 Inspections 9 III. INITIATIVES AND ACCOMPLISHMENTS 13 Comprehensive Plan Implementation 13 Strategic Plan for the Development of Downtown Dover’s West Side 14 Demolitions/Buildings Declared Dangerous by City Council 15 Business License and Application Fee Increases 15 Race Weekend Vendor License Accommodations 16 IV. 2004 COMMITTEE REPORTS 17 Board of Adjustment 17 Downtown Dover Development Corporation 17 Historic District Commission 18 Parking Authority 18 Planning Commission 19 IV. ANALYSIS OF 2003 REVENUE 20 V. COMMISSION ACTIVITY 22 Board of Adjustment 22 Historic District Commission 23 Planning Commission Site Plan Applications 24

2004 Annual Report Department of Planning and Inspections Page ii Conditional Uses 26 Rezoning Applications 27 Miscellaneous Planning Applications 28 Annexations 30 Subdivisions 31

I. INTRODUCTION The City of Dover Planning and Inspections Department is a collection of professional and dedicated persons with interconnected responsibilities working toward the common goal of maintaining and improving the quality of life for the residents, businesses, and visitors of the City of Dover. We work toward this goal by affecting the nature of new development, assessing and maintaining the status of existing development and providing appropriate services to neighborhoods and individuals that require assistance in meeting the standards established by the community. In addition, the staff has accepted the responsibility of providing ancillary services to the City of Dover that is compatible with these primary responsibilities. In 2004, as in the past, the Department was organized into four major divisions coordinated by the Director of Planning and Inspections with the common support of the permit staff. The Divisions are responsible for the three major areas defined above and interact accordingly. For this reason, the Department is effectively one unit that uses the talents of each member of the staff to implement the policies and practices we have established to meet the community’s needs. The Department met the demands presented to it throughout 2004 with renewed stabilization of the office. There was loss of an Assistant Planner that was replaced in August and the only staff change. Under the guidance of the new Director, Jim Galvin, the Department was able to deal with the business at hand and with anticipated full staffing, we expect the Department to stabilize and be able to once again offer some focus for the future of the City of Dover. Section II of this report deals with the organization of the Divisions, their personnel and their interrelationships with members of other Divisions. No one division was at anytime more important than the other when it comes to the overall mission of the Department. The responsibilities of each Division are carried out by the persons assigned the task. The divisions are then reported in the continuum in which they affect the development of the City. First, the Planners develop and implement the policies that direct the quality of development. Building Inspections and the Fire Marshal’s Office implement their respective codes as properties are developed. Property Maintenance implements those codes for the previously built portion of the community. Community Development provided funding for a number of projects designed to enhance the quality of life for people of low and moderate income through development and services. Last, but as important as any other component of the Department, are the permit staff. They were and are the key to the efficient operation and coordination of all of these duties, as well as providing direct services to all that have business with the Department. The whole office functions as one unit a sum of its parts. Section II will detail each of the functions of the Office for the year 2004. Section III of this report highlights the initiatives and accomplishments of the Department during the year. These projects include: Implementation of the 2003 Comprehensive Plan Update and several components included in the document, the West Side Development Plan, actions on the demolition of 2004 Annual Report Department of Planning and Inspections Page 3

buildings declared dangerous by City Council, business license, application and permit fee increases, and a new initiative to accommodate race weekend vendors in cooperation with Home Depot. Section IV provides a synopsis of the various Boards and Committees that this Department staffs and supports. This section includes a summary of the applications to the City of Dover Board of Adjustment, the Historic District Commission, and the City Planning Commission. This section also details the support this Department provided to the DDDC and the Parking Authority. Section V documents the revenue generated by this office as well as the permits and licenses issued by this office. This section provides more detail on the number of inspections performed by this office during 2004. The final segment of this report provides a listing of each individual application to the various boards and commissions referenced in Section V. 2004 Annual Report Department of Planning and Inspections Page 4

II. Division Reports Personnel The staff members of the Department of Planning and Inspections are the critical elements that provide the actual services to the community. It is their dedication and professionalism that allows them to successfully interact with the residents of our City and support continued community improvement. 2004 began with another transition, but became a year of relative stability compared with recent years for individuals and for the Department as a whole. The process offered challenges for the short term, but provided opportunities for the staff to concentrate on their core responsibilities. The major changes were as follows: ƒ In January, Jim Galvin, AICP was appointed as the Director of Planning and Inspections. ƒ In February, Steve Lee announced his departure to become Director Planning and Inspections in Smyrna, Delaware. ƒ In August, Bruce Sherman was hired as a Planner to replace Mr. Lee to assist with physical planning and special projects. Mr. Sherman is a recent graduate from the University of Buffalo and had experience working in the Auburn, New York Office of Planning and Economic Development. Building Permits and Licenses The Permit Staff is the first connection with the Department most residents have and, therefore, the first represented in this report. They present our standard of prompt, courteous service whenever possible and connect the customer with the appropriate Department Staff member. The quality of the interaction an applicant enjoys with this staff determines their approach to future interaction. The staff is under the direction of Diane Metsch (Administrative Assistant) and consists of Maretta Mason (Secretary II), Mae Moten and Candy Peer both Building Permits Issued in CY 2004 Clerk Typists II’s. This staff is responsible for the receipt and ADDITION processing of the 2,337 Permits, RENOVATION MISC. PERMITS, PERMITS, 581 3980 Business Licenses, and 366 2600 Occupancy Permits for BUILDING PERMITS PLUMBING ISSUED, 252 2004. In addition, the Permit PERMITS, 665 FIRE PREVENTION Staff provides support to the MECHANICAL PERMITS, 91 various Commissions and Board PERMITS, 382 staffed by the Department 2004 Annual Report Department of Planning and Inspections Page 5

including minutes of monthly (or more often as needed) meetings for the Planning Commission, Historic District Commission, Parking Authority, and Board Licenses Issued During CY 2004 of Adjustment. The myriad of daily phone calls and counter MOBILE HOMES CONSTRUCTION, inquiries regarding complaints, MERCHANTS, 410 356 permits, business licenses, CONTRACTORS , RENTAL countless zoning and building 1145 DWELLINGS, 2262 permit questions, and PUBLIC scheduling of appointments BUSINESS OCCUPANCIES, and inspections. The charts 283 LICENSES, 2069 LODGING HOUSE, included above are examples of 55 the important work begun by this staff. Planning Division The Planning Division consists of the following employees: James Galvin, Jr. AICP, Director of the Department; Dawn Melson, AICP (Senior Planner); and Bruce Sherman, (Planner). Randy Speicher (Eng. Services & System Operations Support) also provides staff support to this Division and other city departments for mapping and graphics. The major projects for the Planning Office in 2004 focused on items outlined in the Implementation Chapter of the Comprehensive Plan Update 2003. These projects focused on the development and adoption (adopted 11/8/2004) of the ordinance creating the Traditional Neighborhood Design zone (TND); revisions to the development application fee schedule; and amendments to the Street design standards of the Land Subdivision Regulations (adopted 2/14/2005). With changes in Delaware Code related to land use planning activities, the Planning Division drafted the Memorandum of Understanding between the City and the Office of State Planning Coordination for the Preliminary Land Use Services (PLUS) to identify the types of development applications which must complete this state advisory review process prior to beginning the City’s review process. Activities also involved the development of Plan of Services documents and utilization of the Cost-Revenue Analysis Model tool (created by Kise Straw & Kolodner and Urban Partners) to provide information for five annexation applications. With the approval of these annexations, approximately 142 acres of land became part of the City of Dover in 2004. A total of 115 planning applications were processed by the Planning Division for the Board of Adjustment, the Historic District Commission, and the Planning Commission. As staff to these Boards and Commissions, the Planning Staff fields zoning and code compliance inquiries, conducts meetings with developers and design professionals, manages the application filing and review process, completes plan review, writes reports on each application, and presents information in public forums. In addition, the Planning Division extends technical expertise and support to the Community Development Division, 2004 Annual Report Department of Planning and Inspections Page 6

Building Inspections and Code Enforcement sections of the Planning and Inspections Office, Main Street Dover, DDDC, Dover Parking Authority, City Council, Dover/Kent County MPO, and various other state and local land use organizations. Community Development Division The Community Development Division began the year under the direction of Tracy Harvey to continue to provide assistance to the low to moderate-income residents and neighborhoods of the City of Dover. The Department as a whole supports the goals and objectives of the City’s Community Development program through ongoing activities. Particularly the Inspections and Planning Divisions expend considerable human resources supporting the actions and programs associated with this division. The following projects were started or completed in 2004. Community Policing City of Dover Department of Police supplied the following statistics for 2004 on their Community Policing Program in Downtown Dover. 1 Officer on foot patrol: Total hours coverage: 345; Citizen Contacts: 2,062; Total number of arrests: 60. Two Officers on T.A.C. Patrol: Total hours coverage: 93; Citizen Contacts: 434; Total number of arrests: 74 NCALL Downpayment and Settlement Assistance In addition to the one-on-one client counseling sessions, each month introductory Pre-Purchase Workshops were held at the NCALL Office in Dover. These workshop where attended by families to receive training and meet with their counselor for their one-on-one homeownership counseling. Throughout the year a total of seventeen (17) families closed on homes using the Dover First Start Program. Direct Homeownership Program In June 2004 the home on 41 South New Street that was donated to the City and rehabilitated was sold for $55,000 on June 18th. Housing Rehabilitation Program Three (3) housing rehabilitation projects were completed in the City of Dover in 2004, all occurring between the months of January and April. Eight (8) housing rehabilitations where being planned and out for bid in December. Whatcoat Social Service Agency In January 2004 the Board of Directors for the Whatcoat Social Service Agency appointed a committee to plan the construction of ten (10) transitional housing units acquired with CDBG funds in January 2003. In June 2004 a grant for $500,000 was approved for the Whatcoat Social Service Agency to build the additional transitional housing units. The preliminary plans are underway for the construction. 2004 Annual Report Department of Planning and Inspections Page 7

Main Street Dover: Misco Enterprise Program This program started to receive funding in August 2004. In the last six months of 2004 thirteen (13) clients were counseled to set up a business in the Downtown area. Nine (9) referrals were made to the Innovative Bank for technical assistance. During the months of September and October workshops to provide technical assistance were held for eleven (11) downtown merchants. From August 04 to December 04 seven (7) jobs were gained, one business was gained and two (2) businesses were lost in Downtown Dover. Community Revitalization Infrastructure In March 2004 the 1st Phase of reconstruction of the streets and curbs began on the north side of the “Target Area.” Fair Housing Task Force In November 2004 Community Development Staff Attended the bi-monthly Delaware Fair Housing Task Force meeting held at the Appoquinimink State Service Center in Middletown. The City is working with other State Agencies to initiate a fair housing media campaign throughout the State of Delaware. Fire Marshal’s Office For the year 2004 the Fire Marshal’s Office recorded 1082 Life Safety Inspections, 1025 Code Inspections, and 175 New Construction Inspections for a total of 2446 inspections. As a result of the 2446 inspections 1817 deficiencies were found and corrected. There were 583 more life safety inspections conducted in 2004 then in 2003. In 2003 552 deficiencies were found and corrected. In 2004 1817 deficiencies were found and 2003 Fire Loss Amount corrected. The rise in Life Safety Inspections and deficiencies found and Undetermined corrected is a direct result of the addition , $52,000 of Wayne Hutchison to the office with Accidental, primary duties of fire inspections. $525,000 Incendiary, Fire investigations for 2004 were $804,000 as follows: Accidental 36; Incendiary 4; Undetermined 7; Under Investigation 1; Other calls 47 for a total of 95 responses. Average response time for a Fire Marshal is 15 minutes. Fire loss for 2004 is: Accidental causes $158,000.00; Incendiary causes $25,000.00 and Undetermined causes $95,000.00 for a total fire loss of $278,000.00. This is $1,110,000.00 less then in 2003. In October of 2004 the Fire Marshal’s office along with the Inspections Department, City Electric, and Dover Police conducted a safety display at the Dover Mall. Two thousand two hundred and fifty people stopped by to see the display. We hope to do the same in November of 2005. As a result of fires we were having in properties owned by Dover Housing Authority, we conducted fire safety talks at each of their 2004 Annual Report Department of Planning and Inspections Page 8

properties with good results. Contact was made with about 200 residents. These two events were the Fire Marshals office’s first try in extending fire safety education aimed at the adult population. We hope to expand and carry on this educations process in 2004. All Fire Marshals are now certified as first responders and can give basic medical care to include the use of the AED. This training was taken as Fire Marshals are on the road and in the public eye each day in marked cars and should be able to give basic medical care should the public needed it. Fire Marshals are around the race track during the NASCAR races and with 140,000 people in town a medical emergency can happen at any time. The Fire Marshal’s Office is made up of the Fire Marshal and two Deputy Fire Marshals with the responsibility for conducting inspections annually and semi-annually in Apartments, Assembly, Daycares, Health care, Industrial, Mercantile, Schools, Hotels & Motels, and Business occupancies. The Fire Marshals Office handles complaints with regard to over crowding, locked means of egress, fire lanes, and impaired fire protection. The review of sprinkler, fire alarm, hood suppression, and other forms of fire protection are reviewed and tested by the Fire Marshals Office. The office is responsible for the investigation into origin and cause of fires and explosions within the City of Dover. Each Fire Marshal takes a week on call every third week. All Fire Marshal’s are on call 24-7 should their services be needed. The office takes an active role in the NASCAR race, First Night, and July 4th. Fire prevention is a new area for the office, but an important one. It is just as important to prevent the fire as it is to know how and why it started. Inspections Staffing: The Department of Inspections is currently staffed by seven inspectors. They are: Grant Prichard, the Chief Building Inspector and plans reviewer, Mike McGregor, Building Inspector, Chris Scott, Plumbing Inspector and three Property Maintenance Inspectors, Ron Coburn, Inspector II, Tim Taraila and Greg Akers, both Inspectors I. Mr. Prichard’s responsibilities include the supervision of the inspections staff, review of all construction documents for permitting and meeting with design professionals concerning new construction projects to be undertaken in the city. Mr. McGregor’s and Mr. Scott’s primary responsibility is construction inspections. Mr. Coburn’s, Mr. Taraila’s and Mr. Above: Construction Inspectors Aker’s primary responsibility is property Chris Scott, Inspector I: Plumbing Inspector maintenance inspections with a secondary Mike McGregor Inspector 1: Building Inspector responsibility to provide assistance when needed in construction inspections. This secondary responsibility has grown as the number and complexity of construction projects increase. The following are the staff and activities of the elements of the Inspections Division. 2004 Annual Report Department of Planning and Inspections Page 9

Activity: In 2004 there were 2337 Building Permits issued. New Construction accounted for 1199, Fire Prevention and Life Safety for 91, and Plumbing and Mechanical for 1047. These permits required 4905 inspections in 2004, which represents an increase of 1154 construction related inspections in 2004 than completed in 2003. Left:: Property Maintenance Inspectors (L to R) Tim Taraila (Inspector I), Ron Coburn (Inspector II), and Greg Akers (Inspector I) Construction Permits Issued 1999-2004 2500 2000 1500 New Construction Plumbing and Mechanical 1000 Fire Prevention and Life Safety 500 0 1999 2000 2001 2002 2003 2004 1999 2000 2001 2002 2003 2004 Fire Prevention&Life Safety 283 193 158 96 94 91 Plumbing and Mechanical 595 595 789 853 889 1047 New Construction 1594 1282 1335 1043 1118 1199 The Property Maintenance and Code Enforcement Inspectors performed a total of 7495 inspections. Of these inspections 5660 involved property maintenance issues; 703 rental dwelling inspections; 1414 high grass and weed inspections; and 758 license and code enforcement inspections. The Inspectors responded to 1808 complaints, 2466 permit inspections, and 2988 inspector observed violations. A further breakdown of the types of inspections performed is represented in the chart below. 2004 Annual Report Department of Planning and Inspections Page 10

Code Enforcement Inspections – 2004 Misc 249 Liscense/Permit Code Inspection 969 Abandoned Motor Vehicle 491 Zoning Code 504 Property Maintanance(Other) 2055 Rental Inspection 703 High Grass And Weed 1414 55 Dangerous Building/ Demolition 0 500 1000 1500 2000 2500 Inspections Staff Training and Accomplishments On January 13, 2004 Maretta Mason, Mae Moten and Candy Peer attended a Career Track Seminar titled “How to Deliver Exception Customer Service”. The workshop provided information on how to deal with different range of customers and situations and how to handle each situation. In February 2004 the Department of Housing and Urban Development (HUD) sponsored a four day training workshop in New Castle County for basic and advanced training in IDIS. Tracey Harvey and Maretta Mason attended the training from February 17th-19th The Integrated Disbursement Information System (IDIS) is a program developed to disburse funds from the federal treasury and to report to HUD on program accomplishments. . Ron Coburn and Tim Taraila successfully completed the U.S. Fire Administration’s National Fire Academy seminar course R220: Principles of Fire Inspection held in Emmitsburg, Maryland. Ron attended in February and Tim in October. The two week course provides participants with the knowledge, skills, and attitudes to effectively and confidently conduct basic fire safety inspections. These skills assist in building plans review and inspections for fire and life safety code compliance. In March Ron Coburn (Inspector II), Mike McGregor (Inspector I), Dawn Melson (Planner), Grant Prichard (Chief Building Inspector), Chris Scott (Inspector I), Dave Truax (Fire Marshal/ Inspector III) attended a seminar entitled “ICC Performing Non-Structural Plan Reviews” sponsored by the Delaware Building Officials Association:. The two day seminar provided participants with the procedures to review construction documents based on the International Building Code. These skills assist in plan review for building, fire-resistant-rated construction, fire protection systems, and means of egress requirements. 2004 Annual Report Department of Planning and Inspections Page 11

On April 8, 2003, seven Inspectors attended the Trus Joist University Course hosted by the New Castle County Department of Land Use and Trus Joist – a Weyerhaeuser Business. The workshop provided a better understanding of engineered lumber and Trus Joist products. Dawn Melson (Planner) attended the American Planning Association’s 2004 National Planning Conference in Washington, DC from April 24 – April 28, 2004. Conference activities offered a variety of general sessions, exhibits, mobile workshops, and workshops on planning topics. Diane Metsch and Candy Peer on July 8, 2004 attended a Career Track Seminar at the Dover Sheraton Hotel. The topic was “Microsoft Applications”. This class included working on applications with Excel, Word, Power Point and Office documents. In August Mike McGregor, Chris Scott, Tim Taraila, Ron Coburn, Grant Prichard, Dave Truax, Wayne Hutchison and Sam Gonzalez attended a State Department of Health, Health Systems Protection, training seminar entitled “Workshop on Food Safety Requirements for Food Establishments”. This seminar was designed to provide background information for the Inspectors so that during the course of a city inspection of a Food Establishment they might recognize areas that would be considered a Health Hazard and alert the State Department of Health inspectors. Diane Metsch (Administrative Assistant) attended a Career Track Seminar at the Dover Sheraton Hotel on August 24, 2004. The topic was “How to Become a More Effective Supervisor.” The workshop provided valuable information on the different aspects of the workplace and the new role of stepping into a Supervisory position. On September 23, 2004, Jim Galvin, Dawn Melson and Bruce Sherman attended the Better Models for Development in Delaware presentation at the Schwartz Center. Guest speaker was Ed McMahon, a Fellow with the Urban Land Institute and author of the book by that name. In October Mike McGregor and Ron Coburn attended an ICC Seminar providing updates contained within the 2003 International Residential Code. Accomplishments and Certifications During 2004 Grant Prichard completed the examinations, as administered by the National Certification Program for Construction Code Inspectors, necessary to renew his certifications as Residential Building Inspector, Commercial Building Inspector and Building Plans Examiner and received a new certification as Property Maintenance and Housing Inspector. Greg Akers completed the examinations, as administered by the National Certification Program for Construction Code Inspectors, to become certified as a Property Maintenance, a Housing Inspector and a Residential Building Inspector. 2004 Annual Report Department of Planning and Inspections Page 12

III. INITIATIVES AND ACCOMPLISHMENTS The following are described as major accomplishments and projects of staff in 2004. Comprehensive Plan Implementation The Comprehensive Plan Update completed in 2003 was a major project for the office. With the approval of the Update in October, 2003, the staff began implementing the many projects and activities that were prescribed in the document. Primary among them was the Annexation Study. Annexation Study The City of Dover contracted with Kise, Straw and Kolodner and Urban Partners to develop a mechanism to determine the costs compared to the potential revenues from the annexation of a particular parcel or area adjacent to the City. The consultant team worked with City staff beginning in 2003 and through 2004 to develop a model of standard expenses for residential and commercial uses, including police coverage, fire service, electric service, trash service, sewer and water services and general administrative expenses. They also calculated the income from the development including electric fees, sewer and water fees, property and transfer taxes and building permits. They evaluated each of the areas identified on the Annexation Plan Map as either Lands to be Annexed to Rationalize Boundaries (the enclaves), Lands Desirable for Annexation (the adjacent parcels) and Lands for Further Study (potential annexations of they make sense). The model they developed evaluated each of the groups of parcels identified in the Annexation Plan and determined the cost/revenue balance. The findings of the consultant study have contributed to the anticipated amendment to the Comprehensive Plan Update, Chapter 12 Annexation Plan to be reviewed by the State Preliminary Land Use Services group, the Planning Commission and the City Council in 2005. Traditional Neighborhood Design Ordinance The City identified that a Traditional Neighborhood design Ordinance was necessary to further the objectives of creating a mixed commercial residential neighborhood with the look and feel of the older portions of Dover. The City and the Delaware Department of Transportation worked with John Beckman from Wallace, Roberts and Todd from Philadelphia to develop the framework for the ordinance. The process included the consultant, representatives from the development community, professionals, both private sector and public sector, in the field and City staff. Once the draft ordinance was developed, the Planning Commission and the City Council worked closely with the staff to solicit comments from the public. The process ultimately resulted in an ordinance that offered the potential for quality urban development in Dover that respects urban design, mixed use neighborhoods, pedestrian friendly streets and the feel and look of Old Dover. It was approved by City Council on November 8, 2004. The first implementation of the ordinance will be for the Plan for Eden Hill Farm. 2004 Annual Report Department of Planning and Inspections Page 13

Eden Hill Farm Property As a result of studies that were commissioned for the property over 2002 and 2003, the property owners of Eden Hill Farm determined their preference was for a mixed use development that reflected a traditional neighborhood design. After consideration of alternatives, the prospective mechanism to accomplish the desired outcomes was the Traditional Neighborhood Design component to the City of Dover Zoning Ordinance. The large group interested in the development of this significant and historic space adjacent to Downtown Dover participated in the development of the TND ordinance and has since begun the process of requesting rezoning the property to TND. A Rezoning request is expected in 2005. Memorandum of Understanding A component of the Comprehensive Plan Implementation was to establish the types of projects that the City could and should review on our own and those that the State felt would require their input. The staff of the Department worked with that of the Office of State Planning Coordination to develop a Memorandum of Understanding (MOU) to prescribe the State participation and recommendations. The MOU was crafted to allow the City the greatest autonomy, while allowing the State to make recommendations on issues that involve more than the City. It made the distinction between relatively minor changes in the Plans and those that really require State comment. The MOU was approved by the City Council on February 9, 2004. Amendments to the Subdivision Regulations: Street Widths There had been long standing interest in developing new regulations for determining the widths of streets in new subdivisions. It was included in the Comprehensive Plan as an item to be a project for the end of the five year Plan period. It became obvious that with the number of Departments with an interest in the development of the ordinance, that it should be created in 2004. The staffs of the Department of Planning and Inspections, the Department of Public Works and Robbins Hose Company worked to developed a new set of standards that accommodated accessibility for emergency vehicles, on street parking, pedestrian friendly neighborhoods, and a rational hierarchy of streets. The proposed Ordinance was presented to the Planning Commission in November and to the Utility Committee of City Council in December, 2004. Strategic Plan for the Development of Downtown Dover’s West Side Public and private interest groups continued to be involved in projects on Dover’s West Side thus beginning the implementation of the Strategic Plan for that area. The Downtown Dover Development Corporation worked to obtain a series of parcels for redevelopment at the intersection of Loockerman and Slaughter Streets. 2004 Annual Report Department of Planning and Inspections Page 14

During 2004 construction was completed on the shell of the new office building adjacent to the railroad station at the west end of Loockerman Street. Several of the tenant spaces were completed and over 40 percent of the available office space has been leased. The proposed development parcel was identified by the West Side Plan as a key redevelopment site. During 2004, the Downtown Dover Development Corporation acquired the Chesapeake Supply property on Railroad Street to add to the one acre parcel it already owned. The agency negotiated with the owner of the Capital Scrap Yard on West Street to acquire it for clean up. The DDDC also initiated an application with DNREC for funding for the clean up of the Brownfield site. The property that had been assembled at the corner of Slaughter Street and West Loockerman Street was actively being marketed by the end of 2004. All of these activities were to further the West Dover Plan Demolitions/Buildings Declared Dangerous by City Council 122 West Division Street was declared dangerous by the City Council in March 2004. It was demolished in August 2004. 223 McKee Road Business License and Application Fee Increases The Department of Planning and Inspections worked with the City Manager to develop a new schedule of license and permit fees to more accurately reflect the demand on the City. Staff presented proposed increases to the Chamber of Commerce, the Home Builders Association, the Central Delaware Economic Development Corporation and provided presentations to the Planning Commission and the City Council. The increases were in general 10% or lower, reflecting the ten year period from the last increase. The fees were ultimately approved in June, 2004 . Race Weekend Vendor License Accommodations The Department, led by the Fire Marshal’s Office, developed a proposal to provide near site processing of vendor licenses for vendors attending the September 2004 NASCAR 2004 Annual Report Department of Planning and Inspections Page 15

Weekend at the Dover International Speedway. This would allow the Inspectors to refer the vendors to a central point rather than accepting application and fees themselves in their rounds of the track area. The staff presented the idea of a processing location within Home Depot to meet the vendors in the area. Home Depot graciously agreed to allow staff to set a table and connect to their phone line to connect to the City’s system for the processing. Collections at the Home Depot exceeded $7,000. It was the first race that the Department established the policy of requiring one vendor license for each vendor location in the area, despite common ownership. 2004 Annual Report Department of Planning and Inspections Page 16

IV. 2003 COMMITTEE REPORTS Board of Adjustment The Board heard seventeen requests for variances from the Zoning Ordinance during 2004. This number of applications is a new trend of increased requests. Many of the requests were for additional sign area. Of the seventeen requests, only nine were approved. The requests approved included proposals for the redevelopment of houses on lots in the older portions of Dover that do not meet current standards. Board of Adjustment Applications 1996-2004 25 20 15 10 5 0 1996 1997 1998 1999 2000 2001 2002 2003 2004 Applications Approved Downtown Dover Development Corporation Recommendations The Downtown Dover Development Corporation (DDDC) continued to play a lead role in the •Parking activities of the Downtown Dover area as the entity •Restaurants most able to make significant changes. They are •West End Project part of a continuum of efforts for downtown •Housing •Heritage/Cultural improvements that includes the Main Street •Acme Redevelopment organization and the interests of the business •Division St Streetscape owners. Their contribution is in the form of land •Capitol Cleaners assemblage and appropriate transfer, coordination •Mirror Lake among interest groups, and long-range planning. During 2004, the Downtown Dover Development DDDC Long Range Plan Corporation negotiated and purchased the former 2004 Annual Report Department of Planning and Inspections Page 17

Frear Dairy site, now known as the Chesapeake Supply property on Railroad Ave. The property was inspected by DNREC for potential contamination late in the year. The agency agreed to negotiated with the owner of the Capital Scrap Yard on West Street and to take ownership to facilitate clean up and adaptive reuse. To accomplish this, the Corporation also requested and received Brownfield funding from DNREC to begin the clean up. The property at the corner of Slaughter Street and West Loockerman Street. is actively being marketed and enjoyed some interest. In working with other interest groups the DDDC also heard monthly reports from the City Police Department and Main Street Dover on the relevant issues in which they had participated. Historic District Commission The Historic District Commission reviewed seven (7) applications for Architectural Review Certificates in 2004. Projects ranged from exterior improvement projects such a window replacement and wood trim work repair to proposals for the construction of new buildings or building additions within the Historic District. These new construction projects involved a new mixed-use building at 135 South Kirkwood Street and the two story building addition on the South Governors Avenue elevation of Fire Station 1 of the Robbins Hose Company. The Historic District Commission also approved an Historic Properties Tax Credit award to assist with the project costs of replacing an existing metal roof with a new metal roof at 33 South State Street. Parking Authority During its monthly meetings the Parking Authority reviewed financial and parking permit reports. The primary activity for 2004 was the presentation of the a parking study for the Downtown area South of Division Street prepared by Kise, Straw and Kolodner (KSK). The Authority arranged the opportunity for the Council and Public to hear the results of the study. Since that time, they have taken steps to implement the recommendations of the study, including the manufacture of new signs for the downtown parking lots and the decision to purchase equipment for the metering of the Bradford Street lot. The Authority also began a new study of the area north of Division Street around Wesley College. KSK agreed to take on the additional study area and was under contract to do so late in 2004. In October, the Parking Authority conducted its annual walking tour to visit and examine existing parking facilities under their management. Authority members observed that most of the designated permit spaces are occupied while the vast majority of the two- hour and free customer spaces are usually unused. Some speculate that this is due to a lack of publicity of the free spaces. 2004 Annual Report Department of Planning and Inspections Page 18

Planning Commission In 2004, a high volume of development applications continued to be reviewed by the Planning Commission and/or the Planning staff surpassing the number from 2003. The City of Dover Planning Commission and staff reviewed over 91 separate development applications including 33 site plans, nine rezoning requests, five annexations, nine conditional uses, 10 subdivisions, and 25 Miscellaneous requests. Planning Commission Applications 2004 Annexations, 5 Miscellaneous, 25 Conditional Uses, 9 Subdivisions, 10 Site Plans, 33 Rezonings, 9 2004 Annual Report Department of Planning and Inspections Page 19

V. Analysis of 2004 Revenue The Department of Planning Permit Income by Type CY 2004 and Inspections has experienced some unanticipated Total $484,869 PLUMBING drop in permit revenues for the MISC. PERMITS, PERMITS, $11,384.50 period. Even with a change to MECHANICAL $30,738.00 PERMITS, ADDITION the fees applied to the permit $42,045.50 RENOVATION types, the income has not kept PERMITS, pace with the 2003 income. FIRE $136,190.00 PREVENTION 2003 was a record year for total PERMITS, BUILDING permit income, but that $24,420.00 PERMITS ISSUED, included significant projects $240,091.00 being permitted during the year, such as the BayHealth Permit Income by Type 1998-2004 Medical Center expansion. In 2004, New Construction $800,000 permits generated $240,000 in revenue, down from the nearly $600,000 $400,000 in 2003. The total Dollars $400,000 fees collected for the year was almost $500,000. The total $200,000 amount collected is a 32 $0 percent decrease from 2003. It 1998 1999 2000 2001 2002 2003 2004 is, though, nearly equal to the previous high in 2000. While Construction Fire Prevention Plumbing & Mechanical the income was decreased, the number of permits has increased. The number of Permit Value By Year 1998-2004 residential permits required of the contractors that are now $120,000,000 building on the lots that have $100,000,000 been approved over the past $80,000,000 Dollars several years is the primary $60,000,000 component of the new permits. $40,000,000 $20,000,000 The City now has almost 4000 $0 units in approved and open 1998 1999 2000 2001 2002 2003 2004 residential subdivisions and other housing projects (such as Permit Value Luther Towers that have been permitted). The valuation of the permits that were processed during 2004 indicates a clear decrease in the value of the developments. This is attributabled to the greater proportion of residential permits being requested and the 2004 Annual Report Department of Planning and Inspections Page 20

relative fewer commercial or major permits. In 2004, the value of the development permitted was approximately 50% of the value of the 2003 permits, but higher than in 2002. The Department of Planning and Income From Licenses CY 2004 Inspections also distributed MOBILE HOMES RENTAL business licenses for the City of CONSTRUCTION, DWELLINGS, Dover as well. The City $15,588.75 $276,930.00 PUBLIC increased the fees for Business MERCHANTS, $294,304.55 OCCUPANCIES, Licenses in June, 2004, which $8,413.75 was reflected in all of the LODGING renewals in response to our CONTRACTORS , $373,718.20 BUSINESS HOUSE, statements sent in July. The LICENSES, $17,107.50 value of all Business Licenses $590,131.42 for 2004 was $1,576,194. This is a 14% increase over the income from 2003. The chart above includes all fees related to public occupancies and rental units, as well as the fees directly associated with business activity. The licenses are located with the Department to allow coordination with the Inspection staff to efficiently verify possession of a license as they encounter businesses in the field. The total income that may be attributed to the Department of Planning and Inspections is the sum of the various Building Permits, Occupancy Permits, Application Fees for Reviews, and the various License Fees. In 2004, these totaled over $2,080,000. The number of Business Licenses was higher than in Major Income Sources CY 2004 2003. The rental dwelling Total: $2,083,373 licenses are where they should Applications, be due to the diligence of the $22,310 Building Permits, property maintenance inspection $484,869 Business staff. Similarly, the number of Licenses, business licenses has increased. $1,273,743 Public The Department reviews the Occupancy & licenses we have issued to Rental Licenses, $302,451 confirm complete compliance. The income attributable to the Department is a significant contribution to the General Fund for the City of Dover. The contribution of the staff to the quality of life for our residents exceeds the costs of the services. The following pages represent detailed information on the activities of the Department over the period. 2004 Annual Report Department of Planning and Inspections Page 21

VI. Commission Activity Board of Adjustment Bldg Sq. FILE# PLAN NAME LOCATION TYPE Footage/ ACTION DATE ACREAGE V-04-01 Country Homes, LLC 144 Holmes Street Setbacks N/A Denied 2/18/2004 V-04-02 Monster Racing K.C. Aeropark Lot 16 Front Setback N/A Approved 2/18/2004 V-04-03 James & Jeanne Persinger 400 N. Bradford Street Front Yard Setback N/A Approved 2/18/2004 12 Sq. V-04-04 The People's Church of Dover 46 S. Bradford Street Signage Ft. Denied 3/17/2004 230 N. Governors Addition-Lot 360 Sq. V-04-05 Wayne & Joanne Hutchison Avenue Coverage Ft. Withdrawn 3/17/2004 5.05 V-04-06 Seskinore Senior Apartments McKee Road Flood Plan Acres Approval 3/17/2004 V-04-07 Brian & Elaine Scanlon 6 Meadow Lark Lane Storage Shed Setbacks N/A Tabled 3/17/2004 V-04-08 William & Eleanor Paradee 1001 Forrest Avenue Setback & Parking N/A Approved 4/21/2004 V-04-09 Four Season Development Lot 27 Rear Setback N/A Denied 4/21/2004 120 S. Governors # of Children V-04-10 K.C. Community Action Agency Avenue allowed N/A Approved 5/19/2004 V-04-11 Four Season Development Lot 28 Front Setback N/A Denied 5/19/2004 Front & Side V-04-12 Central Habitat for Humanity 200 N. Kirkwood Street Setback N/A Approved 8/18/2004 Dover First Seventh Day Adventist 35.87 V-04-13 Church 647 Wyoming Avenue Signage Sq.Ft Denied 9/15/2004 Approved- V-04-14 Tom & Kathy English 35 S. Queen Street Side Yard Setback N/A Stipulations 10/20/2004 Communications Tower 1159 S. DuPont Height V-04-15 Mark L. Lloyd-S. State St. at Rt. 13 Highway Requirements N/A Denied 10/20/2004 2004 Annual Report Department of Planning and Inspections Page 22

V-04-16 Whatcoat Social Service 381 College Road Parking/lot coverage N/A Pending 11/17/2004 State St. Inn, V-04-17 J. Michael & Yvonne Hall 228 N. State Street Signage 12 Sq. Ft. Approved 12/15/2004 Historic District Commission FILE# PLAN NAME LOCATION TYPE BLDG. ACTION DATE SQ. FT. Roberta Schmittinger Window H-04-1 Residence 2 Kings Highway Replacement N/A Approved 2/19/2004 Façade H-04-2 Margaret O'Neill Building 410 Federal Street Renovation N/A Approved 2/19/2004 Recommend Building (Storage, Office, Proposed 4 Story 2,976 Approval with H-04-3 Apartmnt) 135 S. Kirkwood Street building SF Conditions 4/15/2004 Delaware State Housing Parking lot 0.6345 Recommend H-04-4 Authority 24-26 The Green Improvements Acres Approval 4/15/2004 New Jerusalem Baptist Info Presentation/No H-04-5 Church 25 Slaughter Street Addition 5,500 Action on Application N/A Robbins Hose Company 103 S. Governors Addition 17,065 Recommend H-04-6 Avenue /Demolition SF Approval 8/19/2004 Doors/Windows/ Information Admin. H-04-7 Old State House 56 The Green Shutters N/A Presentation Review 2004 Annual Report Department of Planning and Inspections Page 23

Planning Commission Site Plan Applications PLANNING FILE# PLAN NAME LOCATION TYPE BLDG. DATE COMMISION SQ.FT. ACTION Bennie Smith Office S-04-01 Buildings/Business Occupancy 870 Forrest Street Office Buildings 32,532 s.f. Approved 1/20/2004 Truck Loading Dock S-04-02 Proctor and Gamble 1340 W. North Street Addition 1,590 s.f. Approved 6/21/2004 Parking Lot Addition for Duncan Approved w/ S-04-03 Depot W. side of S. Kirkwood Street Parking Lot addition 12,922 s.f. Conditions 6/21/2004 St. Andrews Evangelical Lutheran Approved w/ S-04-04 Church Addition 425 N. Dupont Highway Addition 8,540 s.f. Conditions 2/17/2004 Approved w/ S-04-05 Dover Haslet Armory 122 William Penn Street Office Building 5,469 s.f. Conditions 2/17/2004 Administrative S-04-06 Longmar II, Inc. Site 122 N. Dupont Highway Building Renovation 14,400 s.f. Review 2/12/2004 Administrative S-04-07 Enterprise Rent-a-car 580 Bay Road Building Renovation 2,856 s.f. Review 3/19/2004 S-04-08 Enterprise Business Park Lots 4 & 5 S. side of Beiser Boulevard Office Buildings 18,056 s.f. Approved 3/15/2004 Administrative S-04-09 CATO Development Forrest Avenue Building 4 (lot 1) 4,572 s.f. Review Pending Storage/Office/ 0.6345 Approved w/ S-04-10 Building at 135 S. Kirkwood Street 135 S. Kirkwood Street Apartments Acres Conditions 6/21/2004 Approved w/ S-04-11 Bryan Business Park Lot 2 & 4 Maggies Way Commercial Buildings 14,800 s.f. Conditions 4/19/2004 Restaurant/Commercial S-04-12 Fast Food Restaurant / Car Wash 1481 N. Dupont Highway Building 3,648 s.f Withdrawn 6/21/2004 Approved w/ S-04-13 Marriott Courtyard - Hotel 600 Jefferic Boulevard Hotel 77,748 s.f. Conditions 4/19/2004 Blue Hen Corp. Center - 645 Administrative S-04-14 Jakes Hamburger's Bay Road Building Renovation 39,927 s.f. Review 3/25/2004 North Site Plan & Administrative S-04-15 Kent County Administration Building 555 Bay Road Landscape Plan N/A Review 4/19/2004 Parking Lot 0.6345 Approved w/ S-04-16 Delaware State Housing Authority 24-26 The Green Improvements Acres Conditions 5/17/2004 2004 Annual Report Department of Planning and Inspections Page 24

Approved w/ S-04-17 Commerce Bank 758 N. DuPont Highway Bank with Drive-thru 4,099 s.f. Conditions 5/17/2004 Armory Trash Administrative S-04-18 Armory Trash Compactor Relocation East Water Street Compactor Relocation 1,343 s.f. Review 12/8/2004 Commercial/Residential 9.282 Approved w/ S-04-19 Creekstone Center 1200 S. Governors Avenue Complex Acres Conditions 6/21/2004 18 Unit Residential Age Restricted 5.047 Approved S-04-20 Seskinore Development McKee Road Condominiums Acres w/Conditions 6/21/2004 800 Bay Road Site Improvements/ 122.82 S-04-21 DelDOT Public Safety/DMV Building Additions Acres Approved 6/21/2004 Stadium Visitor 0.896 Administrative S-04-22 Delaware State University 1200 N. DuPont Highway Bleachers Project Acres Review 6/22/2004 Back Stretch Wall Administrative S-04-23 Dover Downs 1131 N. DuPont Highway Replacement N/A Review 6/25/2004 Administrative S-04-24 Wesley College Football Field Clara Street Turf/Bleacher Project N/A Review 9/24/2004 After Care/Cashier Approved S-04-25 Prime Shine Car Wash 226 N. Dupont Highway Building/Reno 6,275 s.f. w/Conditions 9/20/2004 S-04-26 Kohl's Department Store 299 N. Dupont Highway Commercial Building 95,566 s.f. Approved 9/20/2004 West Willow Development: Wawa Retail Building w/Gas Approved w/ S-04-27 Bay Court Plaza 650 Bay Road Pumps 5,773 s.f. Conditions 11/15/2004 Administrative S-04-28 Leone Properties, LLC 46 S. State Street Office Building 12,447 s.f. Review Pending Robbins Hose Company: Office Approved w/ S-04-29 Addition 103 S. Governors Avenue Addition/Service Bays 12,900 s.f. Conditions 11/15/2004 Mobile Office/ Approved w/ S-04-30 Tidewater Utilities 1100 S. Little Creek Road Storage Shed 1,440 s.f. Conditions 11/9/2004 Office Building - Phase S-04-31 Cardiology Consultants-CAWP, LLC 1100 Forrest Avenue II 16,000 s.f. Approved 12/20/2004 Office/Maintenance/ Approved w/ S-04-32 George & Lynch Lafferty Lane Storage Buildings 35,135 s.f. Conditions 12/20/2004 Chestnut Grove Road and Garden Apartments/ Approved w/ S-04-33 Tall Pines Condominiums Kenton Road Residential Condos 47,616 s.f. Conditions 12/20/2004 2004 Annual Report Department of Planning and Inspections Page 25

Conditional Uses Planning BLDG. SQ. Commission DATE FILE# PLAN NAME LOCATION TYPE FT. ACTION Between N. Little Creek Road PND - Conceptual 88.2647 Approved w/ C-04-01 Clearview Meadow - PND & South Little Creek Road Plan Acres conditions 4/19/2004 Kent County Community 120 S. Governors Approved w/ C-04-02 Action Agency, Inc Avenue Daycare Center 77,101.2 SF conditions 4/19/2004 Withdrawn by C-04-03 Creative Art & Company 31 W. Loockerman St. Barbershop 1,300 SF Applicant 7/8/2004 PND - Senior Withdrawn by C-04-04 Zimmerhause II 2 American Avenue Housing Option 12,000 SF Applicant 8/16/2004 0.3047 Withdrawn by C-04-05 ABC Club Child Care Center 30 Hazel Road Daycare Center Acres Applicant 9/20/2004 0.2066 10/18/200 C-04-06 Tender Years Daycare 407 Worchester Drive Daycare Center Acres Approved 4 Seventh Day Adventist 3.9923 Approved w/ 11/15/200 C-04-07 Church 647 Wyoming Avenue Daycare Center acres conditions 4 870 Forest Street, Bldg 11/15/200 C-04-08 William & Jennifer Schick #2 Daycare Center 32,532 SF Approved 4 White Oak & Long Point PND-Senior C-04-09 Bay Village - PND Road Housing 224 Acres Pending PENDING 2004 Annual Report Department of Planning and Inspections Page 26

Rezoning Applications APPROVAL FILE# APPLICANT LOCATION FROM/TO BY CITY ACRES COUNCIL RG-1 & H and Z-04-01 Lands of Robert M. Duncan 135 S. Kirkwood Street C-2 & H 2/9/2004 7,500 S.F. RG-1/C-2 Z-04-02 Lands of Robert M. Duncan 114-118 S. Kirkwood Street 3/8/2004 12,922 S.F. C-3 & IO and Z-04-03 Lands of Paradee 1001 Forrest Avenue C-2A, COZ1 3/8/2004 1.47 Acres Lands of Bramble Charitable RG-2/ C-4 5.8581 Z-04-04 Foundation Near US Rt 13 & Cedar Chase Dr. 4/12/2004 Acres R-8/ CPO Z-04-05 Lands of Mary E. McKee 1021 College Rd Withdrawn 5.7 Acres C-3 & C-2A/IO & Z-04-06 Lands of Riverview Associates 40 N. Saulsbury Rd COZ-1 Pending 2.20 Acres Lands of Robino BayCourt Plaza Z-04-07 LLC Baycourt Plaza-650 Bay Rd SC-2 / C-4 7/12/2004 3.4 Acres R-10/ IO Z-04-08 Lands of Rebecca & Joseph Gates 605 S. State Street 9/13/2004 3.6 Acres Z-04-09 Carl Moore Properties 190 Old Leipsic Road R-10/ C1A 10/18/2004 0.83 Acres 2004 Annual Report Department of Planning and Inspections Page 27

Miscellaneous Planning Applications BLDG. FILE# PLAN NAME LOCATION TYPE SQ. FT. ACTION DATE PLUS Review MI-04-01 Memorandum of Understanding N/A Process N/A City Council 2/9/2004 Lands of John & Rosemarie Van Admin. MI-04-02 Dorpe 47 Elm Terrace Minor Lot Line Adjst N/A Review 2/9/2004 Ordinance MI-04-03 Handicapped Signage Proposed N/A Amendment N/A City Council Land Use MI-04-04 Comprehensive Plan Amendment N/A Categories N/A N/A Withdrawn Admin. MI-04-05 Lands of Joseph Marango 46 N. Halsey Road Minor Lot Line Adjst N/A Review 5/5/2004 Admin. MI-04-06 Lands of John R and Norma Collins American Avenue Minor Lot Line Adjst N/A Review 6/2/2004 Land Development Planning Recommend MI-04-07 Lands of Mary Mckee 1021 College Road Plan Amendment N/A Commission Denial MI-04-08 Text Amendments: Application Fees N/A Application Fees N/A City Council 7/13/2004 White Oak Rd/Long 20 City Council MI-04-09 Bay Village Veteran's Home Project Point Presentation of Idea Acres Information 383 N. Dupont Property Boundary Admin. Pending MI-04-10 Kent Budget Motel Highway Clara. N/A Review Information Boundary/Wetland Admin. Pending MI-04-11 Delaware Industrial Enterprises Bay Road Delin. N/A Review Information 10/7/2004 MI-04-12 Lands of Clifton & Marie Hutton Kenton Rd/Foxhall Drive Comp. Plan Amend. N/A City Council Denied Comp. Plans MI-04-13 Lands of Carl Moore Old Leipsic Road Amend. N/A City Council 10/14/2004 Admin. MI-04-14 Eden Hill Farm North Street Minor Lot Line Adjst N/A Review 11/16/2004 Traditional Neighborhood Design City Council MI-04-15 Zone N/A Text Amendment N/A Action 11/8/2004 2004 Annual Report Department of Planning and Inspections Page 28

MI-04-16 Text Amendment N/A Street Width N/A City Council 2/14/2005 White Oak Rd/Long Point 224 Concept Plan MI-04-17 Bay Village Rd PND Acres to City Council 9/27/2004 Admin. MI-04-18 Simpson Industrial Park Lafferty Lane Minor Lot Line Adjst N/A Review 10/22/2004 Land Deve. Plan MI-04-19 Lands of Carl Moore Old Leipsic Road Amndm N/A Restricted 4.32 Concept Plan MI-04-20 PND - Senior Citizen Housing Option College Road Condominium Acres to City Council MI-04-21 State Route 8 N/A Traffic Impact Study N/A Information File Admin. MI-04-22 The Overlook on Silver Lake Overlook Place Minor Lot Line Adjst. N/A Review 11/29/2004 Kent County Levy Court & OTAC S Little Creek Rd/Route Admin. MI-04-23 Delaware Property 113 Minor Lot Line Adjst. N/A Review 1/11/2004 Lands of Halpern Admin.Revie MI-04-24 Family Property Investment South Governors Ave. Minor Lot Line Adjst. N/A w 12/29/2004 Whatcoat Social Services Agency, College Road Admin. MI-04-25 Inc. Minor Lot Line Adjst. N/A Review 1/6/2005 2004 Annual Report Department of Planning and Inspections Page 29

Annexations PLANNING COUNCIL COUNTY CITY ACREAGE FILE# APPLICANT COMMISSION ACTION LOCATION ZONING ZONING RECOMMENDATION APPROVAL Lands of Sadusky - 2521, 2507 Chestnut AX-04-01 Woodbrook Development Grove Road AR RG-2 2.647 5/17/2004 8/9/2004 Lands of Shirley Bush and William G Bush IV North Side of Denny's AX-04-02 (Bush Farm) Road along McKee Rd. RS-1 RM-1 133.46 7/19/2004 8/23/2004 Lands of Leonard & Catherine CPO AX-04-03 Moore 1076 Forrest Avenue RS-1 &COZ-1 2 10/18/2004 11/8/2004 Lands of Clifton and Marie Kenton Road & Foxhall 11/8/2004- AX-04-04 Hutton Drive RS-1 N/A 1.45 10/18/2004 Denied 1462 N. Little Creek BN & RG-2 & AX-04-05 Lands of Richard Devincentis Rd. RMH AEOZ 4.173 11/15/2004 12/13/2004 Lands of Traci McDowell & AX-04-06 Greg Gahm 80 Nixon Lane RS-1 R-20 1.0044 PENDING PENDING 2004 Annual Report Department of Planning and Inspections Page 30

Subdivisions PLANNING TYPE OF OF LOTS/ COMMISISON DATE FILE# APPLICANT LOCATION APPLICATION ACRES ACTION Conceptual Approved SB-04-01C Nottingham Meadows 5096 Hazlettville Road Subdivision 212 Lots w/ Conditions 1/20/2004 Lands of Maple Dale Entrance of Maple Dale Minor SB-04-02 Country Club Country Club Subdivision 0.4938 Acres Approved 5/17/2004 Minor SB-04-03 Lands of Michael Bloom S. Side of Lafferty Lane Subdivision 116.9548 Acres Approved 5/17/2004 Preliminary Approved SB-04-01P Nottingham Meadows 5096 Hazelettville Road Subdivision 212 Lots w/ Conditions 7/19/2004 Between North and South Preliminary Approved SB-04-04P Clearview Meadow - PND Little Creek Road Subdivision Plan 88.2647 Acres w/ Conditions 9/20/2004 Lands of Robino – Minor Approved SB-04-05 Bay Court Plaza, LLC West side of Bay Road 113 Subdivision 19.6785 Acres w/ Conditions 10/18/2004 Minor Approved SB-04-06 Lands of Mary McKee 1021 W. State College Road Subdivision 6.1163 Acres w/ Conditions 9/20/2004 Conceptual Approved SB-04-07C Chestnut Grove Farms Chestnut Grove Road Subdivision 50.86 Acres w/ Conditions 10/18/2004 Minor SB-04-08 Lands of L. Gene McFann 2289 White Oak Road Subdivision 1.0795 Acres Approved 11/15/2004 Bush Farm- Lands of Wm West Denny's Road Conceptual Approved SB-04-09C & Shirley Bush and McKee Road Subdivision 134.43 Acres w/ Conditions 11/16/2004 Conceptual Approved SB-04-10C Somerset Park McKee Road Subdivision 12.5733 Acres w/ Conditions 12/20/2004 2004 Annual Report Department of Planning and Inspections Page 31

ACTION FORM PROCEEDING: Council AGENDA ITEM: 03-14-05 – 9A DEPARTMENT OF ORIGIN: Public Works DATE SUBMITTED: 03-02-2005 PREPARED BY: Scott D. Koenig, P.E., Director of Public Works SUBJECT: Puncheon Run Interceptor Sewer Extension – Engineering Services Agreement (Design) REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager, Finance Director EXHIBITS: Exhibit A – Proposed 2006-2010 CIP page regarding this project; Exhibit B – Pennoni’s Proposal for Professional Design Services EXPENDITURE REQUIRED: $150,000 ($75,000 in FY-2005 & $75,000 in FY-2006). AMOUNT BUDGETED: $150,000 FUNDING SOURCE (Dept./Page in CIP & Budget): Page 191 of the 2005-2009 CIP & Page 343 (Acct. 40-35) of the 2005 Annual Operating Budget. Funds for the design of the improvements are to be transferred from the Impact Fee Reserve Fund to the Operating Budget. This transfer will be documented in the mid-year review budget ordinance. TIMETABLE: Design to begin immediately upon Council approval Final design to be complete by September 30, 2005 per proposal. RECOMMENDED ACTION: Award engineering services agreement to Pennoni Associates, Inc. in the amount of $150,000 to plan and design all improvements necessary to extend the Puncheon Run Interceptor Sewer in a westerly direction to the farthest extend possible. All funds to cover the costs of the agreement will be transferred from the Impact Fee Reserve Fund as documented in the mid-year review budget ordinance. BACKGROUND AND ANALYSIS In the late summer of 2004, the Department of Public Works issued a Request for Qualifications for water & wastewater engineering services. Based on the review of the submission from various engineering firms, the Department of Public Works requested a cost proposal from Pennoni Associates, Inc. to provide professional engineering services for the design of the Puncheon Run Sanitary Sewer Interceptor Extension. This project involves the planning and design of approximately 8,000 linear feet of a large diameter sanitary sewer interceptor line from the confluence of the branches of Puncheon Run, adjacent to New Burton Road, to Pump Station #34 on Hazlettville Road. It is proposed that Pennoni conduct topographic and aerial surveys of the area, apply for DNREC permitting, prepare easement documentation for acquisition of easements from DelDOT, design and detail the interceptor with associated improvements, prepare bid documents and attend two (2) design meetings with the City. Bidding and construction coordination services are not being requested at this time from the City since construction of the improvements is not proposed to begin until after FY-2006.

ACTION FORM PROCEEDING: Council AGENDA ITEM: 03-14-05 – 9B DEPARTMENT OF ORIGIN: Public Works DATE SUBMITTED: 03-07-2005 PREPARED BY: Scott Koenig, P.E, Director of Public Works SUBJECT: Wellhead Redevelopment Program (Project #WS0505) – Additional Work Request REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager, Finance Director EXHIBITS: Exhibit A – Quote from A.C. Schultes dated January 24, 2005 EXPENDITURE REQUIRED: $ 145,000 for the revised FY-2005 Program Budget AMOUNT BUDGETED: $ 35,000 in FY-2005 & $40,000 from FY-2004. Requesting amendment of $70,000 to increase total project budget in FY-2005 to $145,000. FUNDING SOURCE (Dept./Page in CIP & Budget): Water Improvement & Extension Fund TIMETABLE: Well #6 motor & pump replacement will begin immediately and be completed within 60 days. RECOMMENDED ACTION: Approve the additional work request in the amount of $45,000 to include a new 100 hp VHS motor & pump assembly for Well #6. In addition, authorize staff to expand the program scope and budget to include the referenced improvements for a total FY-2005 program budget of $145,000. The request, if approved, will be included in the mid-year review budget ordinance. BACKGROUND AND ANALYSIS A.C. Schultes of Delaware, Inc. has completed the mechanical redevelopment and post development testing of Well #6 as requested by City staff. Based on the test result and pump design confirmation by Liz Brown, P.G., our consultant for the program, the contractor has proposed the following pump assembly and motor replacement: - One new IDP 10H75-9 stage bowl unit - 300’ of new 8” column assembly - One new 100 hp VHS motor - Stainless steel line shafts - Labor to install unit and perform start up testing - Estimated cost of listed improvements to be contracted = $42,904.00 Staff has anticipated some additional expenses related to the electrical system that have increased the overall cost estimate by $45,000. City staff will install the items that are related to the additional expenses. Funding for these expenses requires an additional transfer from the water operating budget. The budget line item 417-6800-568-10-31 is requested to be revised with the Mid-Year Review from $195,130 to $241,130 ($45,000 for this project and $1,000 for the Meter Reader Technology Program).

FINAL READING BE IT ORDAINED BY THE MAYOR IN COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 7 - Fire Prevention and Protection, Article I - In General, of the Dover Code be amended by creating a new Section 7-7, Sprinkler Requirements, as follows: Sec. 7-7. Sprinkler Requirements (a) Places of assembly shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: (1) All new indoor places of assembly with an occupant load of 150 persons or greater. (2) Any interior renovations of 50% or more to an existing place of assembly with an occupant load greater than 150 persons. (3) Any additions or increase in interior size to an existing place of assembly that would create an occupant load of 150 persons or greater. (b) Places of assembly where alcohol is served for consumption on the premises shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: (1) All new indoor places of assembly with an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. (2) Any interior renovation of 50% or more to an existing place of assembly with an occupant load greater than 100 persons and where alcohol will be served for consumption on the premises. (3) Any additions or increase in interior size to an existing place of assembly which would create an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. (c) New educational occupancies of 5,000 square feet or greater shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13. (d) Three (3) feet of unobstructed clear width shall be designed, designated, and maintained around sprinkler risers for access by firefighters and for maintenance. The three (3) feet shall be measured from the outer most components of the sprinkler riser and all related support equipment. ADOPTED: *