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COUNCIL PACKET

City Council Meetings. Jan 28, 2019.

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REGULAR COUNCIL MEETING AGENDA JANUARY 28, 2019 - 7:30 P.M. CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA DOVER, DELAWARE OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.) THE “OPEN FORUM” SEGMENT IS PROVIDED TO EXTEND THE OPPORTUNITY TO THE GENERAL PUBLIC TO SHARE THEIR QUESTIONS, THOUGHTS, COMMENTS, CONCERNS, AND COMPLAINTS. DISCUSSION OF ANY ITEM APPEARING ON THE AGENDA AS A PUBLIC HEARING IS PROHIBITED DURING THE OPEN FORUM AS AN OPPORTUNITY WILL BE PROVIDED DURING CONSIDERATION OF THAT ITEM. CITIZEN COMMENTS ARE LIMITED TO THREE (3) MINUTES. COUNCIL IS PROHIBITED FROM TAKING ACTION SINCE THEY ARE NOT IN OFFICIAL SESSION; HOWEVER, THEY MAY SCHEDULE SUCH ITEMS AS REGULAR AGENDA ITEMS AND ACT UPON THEM IN THE FUTURE. INVOCATION BY BISHOP THOMAS L. HOLSEY PLEDGE OF ALLEGIANCE LED BY COUNCILMAN COLE 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 A. SPECIAL COUNCIL MEETING OF JANUARY 14, 2019 B. REGULAR COUNCIL MEETING OF JANUARY 14, 2019 2. PRESENTATIONS - RECOGNITION OF SERVICE A. THEODORE A. HENDERSON - DOVER HUMAN RELATIONS COMMISSION (MARCH 2014 - DECEMBER 2018) B. DEAN E. HOLDEN - SILVER LAKE COMMISSION (MAY 2004 - JANUARY 2019) AND PLANNING COMMISSION (JUNE 2012 - JANUARY 2019) 3. PROCLAMATION - BLACK HISTORY MONTH

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COUNCIL AGENDA - JANUARY 28, 2019 PAGE 2 * 4. COUNCIL COMMITTEE OF THE WHOLE REPORT - JANUARY 15, 2019 A. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE (1) PRESENTATION - INCLUSIVE PLAYGROUNDS (COMMITTEE RECOMMENDATION: REFERRING THE INCLUSIVE PLAYGROUNDS TO STAFF, WITH A POSITIVE RECOMMENDATION, AND THAT STAFF RETURN WITH A FEASIBILITY REPORT IN SIX (6) MONTHS) B. UTILITY COMMITTEE (1) EVALUATION OF PROPOSALS - TREE TRIMMING (COMMITTEE RECOMMENDATION: AWARD A CONTRACT TO ASPLUNDH TREE EXPERT LLC AS PER THE PROPOSAL SUBMITTED IN RESPONSE TO RFP #19-001EL) C. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE (1) REPORT OF INDEPENDENT PUBLIC ACCOUNTANTS FOR THE FISCAL YEAR ENDING JUNE 30, 2018 (COMMITTEE RECOMMENDATION: ACCEPTANCE OF THE REPORT) (2) COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) FOR THE FISCAL YEAR ENDING JUNE 30, 2018 (COMMITTEE RECOMMENDATION: ACCEPTANCE OF THE REPORT) (3) PROPOSED ORDINANCE #2019-02 - AMENDING CHAPTER 70 - OFFENSES AND MISCELLANEOUS PROVISIONS, SECTION 70-7 - REGISTERED SEXUAL OFFENDERS (COMMITTEE RECOMMENDATION: ADOPTION OF ORDINANCE #2019-02) (SEE ITEM #8-A) * 5. QUARTERLY REVENUE REPORT AS OF DECEMBER 31, 2018 (STAFF RECOMMENDATION: ACCEPTANCE OF THE REPORT) * 6. CONFIRMATION OF POLICE PENSION ELECTION - RETIRED SERGEANT STEVE ROGERS - THREE (3) YEAR TERM TO EXPIRE JANUARY 31, 2022 * 7. APPOINTMENT RECOMMENDED BY MAYOR CHRISTIANSEN - PLANNING COMMISSION - NICHOLAS A. ADAMS (TO FILL THE UNEXPIRED TERM OF DEAN E. HOLDEN - TERM TO EXPIRE JUNE 2021) 8. FIRST READING - PROPOSED ORDINANCE #2019-02 THE FIRST READING IS OFFERED ON THE PROPOSED ORDINANCE. FINAL ACTION BY COUNCIL WILL TAKE PLACE DURING THE SECOND READING ON FEBRUARY 11, 2019. THE ORDINANCE IS AVAILABLE AT THE ENTRANCE OF THE COUNCIL CHAMBERS, ON THE CITY'S WEBSITE AT WWW.CITYOFDOVER.COM UNDER "GOVERNMENT," OR BY CONTACTING THE CITY CLERK'S OFFICE AT 736-7008 OR CITYCLERK@DOVER.DE.US. A. AMENDING CHAPTER 70 - OFFENSES AND MISCELLANEOUS PROVISIONS, SECTION 70-7 - REGISTERED SEXUAL OFFENDERS (LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE)

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COUNCIL AGENDA - JANUARY 28, 2019 PAGE 3 9. FIRST READING - PROPOSED ORDINANCE #2019-04 - LAND DEVELOPMENT PLAN MAP AMENDMENT TO THE 2008 COMPREHENSIVE PLAN, AS AMENDED THE FIRST READING IS OFFERED ON THE FOLLOWING PROPOSED ORDINANCE. SINCE IT IS AN AMENDMENT TO THE COMPREHENSIVE PLAN, A PUBLIC HEARING IS REQUIRED. IT IS RECOMMENDED FOR REFERRAL TO THE PLANNING COMMISSION ON FEBRUARY 19, 2019 AND THAT A PUBLIC HEARING BE SET BEFORE CITY COUNCIL FOR MARCH 11, 2019 AT 7:30 P.M. AND THAT THE SECOND READING AND FINAL ACTION BY COUNCIL WILL TAKE PLACE AT THAT TIME. THE ORDINANCE IS AVAILABLE AT THE ENTRANCE OF THE COUNCIL CHAMBERS, ON THE CITY'S WEBSITE AT WWW.CITYOFDOVER.COM UNDER "GOVERNMENT," OR BY CONTACTING THE CITY CLERK'S OFFICE AT 736-7008 OR CITYCLERK@DOVER.DE.US. A. AMENDING THE CITY OF DOVER 2008 COMPREHENSIVE PLAN, AS AMENDED, BY AMENDING LAND DEVELOPMENT MAP 12-1 BY CHANGING THE LAND USE CLASSIFICATION FROM RESIDENTIAL HIGH DENSITY TO INDUSTRIAL AND PUBLIC UTILITIES ON PROPERTY LOCATED ON THE NORTHWEST SIDE OF COMMERCE WAY AND NORTH OF WEST NORTH STREET 10. REZONING REQUESTS - FIRST READINGS OF PROPOSED ORDINANCES THE FIRST READING IS OFFERED ON THE FOLLOWING PROPOSED ORDINANCES. THEY ARE RECOMMENDED FOR REFERRAL TO THE PLANNING COMMISSION FOR A PUBLIC HEARING ON FEBRUARY 19, 2019 AND THAT A PUBLIC HEARING BEFORE CITY COUNCIL BE SET FOR MARCH 11, 2019 AT 7:30 P.M., AT WHICH TIME THE FINAL READINGS AND COUNCIL ACTION WILL TAKE PLACE. THE ORDINANCES ARE AVAILABLE AT THE ENTRANCE OF THE COUNCIL CHAMBERS, ON THE CITY'S WEBSITE AT WWW.CITYOFDOVER.COM UNDER "GOVERNMENT," OR BY CONTACTING THE CITY CLERK'S OFFICE AT 736-7008 OR CITYCLERK@DOVER.DE.US. A. ORDINANCE #2019-05-PROPERTY LOCATED ON THE NORTHWEST SIDE OF COMMERCE WAY AND NORTH OF WEST NORTH STREET, CONSISTING OF A 22.967+/- ACRE PARCEL, OWNED BY H & M PROPERTIES, LLC. THE PROPERTY IS CURRENTLY ZONED RG-2 (GENERAL RESIDENCE) AND IPM (INDUSTRIAL PARK MANUFACTURING) AND THE PROPOSED ZONING IS IPM (INDUSTRIAL PARK MANUFACTURING) (TAX PARCEL: ED-05-076.10-02-07.03-000; PLANNING REFERENCES: Z-19-01 AND MI-19-02; COUNCIL DISTRICT: 1) B. ORDINANCE #2019-06-PROPERTY LOCATED AT 45 SOUTH STATE STREET AND SOUTH AMERICAN AVENUE, CONSISTING OF TWO (2) PARCELS OF LAND TOTALING 0.81+/- ACRES (0.32 +/- ACRES AND 0.49+/- ACRES) , OWNED BY WESLEY COLLEGE, INC. THE PROPERTIES ARE CURRENTLY ZONED RG-O (GENERAL RESIDENCE AND OFFICE), SUBJECT TO H (HISTORIC DISTRICT) AND THE PROPOSED ZONING IS IO (INSTITUTIONAL AND OFFICE), SUBJECT TO H (HISTORIC DISTRICT). (TAX PARCELS: ED-05-077.05-04-33.00-000 AND ED-05-077.05-04-36.00-000; PLANNING REFERENCE: Z-19-02; COUNCIL DISTRICT: 2) C. ORDINANCE #2019-07-PROPERTY LOCATED AT 157 ROOSEVELT AVENUE, CONSISTING OF 1.641 +/- ACRES, OWNED BY PAUL AND LINDA SCHREPPLER (EQUITABLE OWNER: MILLER INVESTMENTS, LLC.) THE PROPERTY IS CURRENTLY ZONED R-8 (ONE-FAMILY RESIDENCE) AND THE PROPOSED ZONING IS RG-2 (GENERAL RESIDENCE) (TAX PARCEL: ED-05-077.18-02-75.00-000; PLANNING REFERENCE: Z-19-03; COUNCIL DISTRICT: 2)

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COUNCIL AGENDA - JANUARY 28, 2019 PAGE 4 11. CITY MANAGER’S ANNOUNCEMENTS 12. COUNCIL MEMBERS’ ANNOUNCEMENTS 13. ADJOURNMENT /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\COUNCIL-AGENDAS\2019\01-28-2019 COUNCIL AGENDA.WPD EXECUTIVE SESSION PURSUANT TO: 29 DEL. C. §10004(B)(2) - PRELIMINARY DISCUSSIONS ON SITE ACQUISITIONS FOR ANY PUBLICLY FUNDED CAPITAL IMPROVEMENTS, OR SALES OR LEASES OF REAL PROPERTY; 29 DEL. C. §10004(B)(4) - STRATEGY SESSIONS, INCLUDING THOSE INVOLVING LEGAL ADVICE OR OPINION FROM AN ATTORNEY-AT-LAW, WITH RESPECT TO COLLECTIVE BARGAINING OR PENDING OR POTENTIAL LITIGATION, BUT ONLY WHEN AN OPEN MEETING WOULD HAVE AN ADVERSE EFFECT ON THE BARGAINING OR LITIGATION POSITION OF THE PUBLIC BODY; 29 DEL. C. §10004(B)(6) - DISCUSSION OF THE CONTENT OF DOCUMENTS, EXCLUDED FROM THE DEFINITION OF "PUBLIC RECORD" IN §10002 OF THIS TITLE WHERE SUCH DISCUSSION MAY DISCLOSE THE CONTENTS OF SUCH DOCUMENTS; 29 DEL. C. §10004(B)(9) - PERSONNEL MATTERS IN WHICH THE NAMES, COMPETENCY AND ABILITIES OF INDIVIDUAL EMPLOYEES ARE DISCUSSED, UNLESS THE EMPLOYEE REQUESTS THAT SUCH A MEETING BE OPEN THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. PURSUANT TO 29 DEL. C. §10004(E)(2), THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIME OF THE MEETING.

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SPECIAL COUNCIL MEETING A Special Council Meeting was held on January 14, 2019 at 6:31 p.m. with Councilman Hare presiding in the absence of Council President Slavin. Members present were Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Polce, and Mr. Lindell. Mr. Anderson was absent. Mayor Christiansen was also absent. Council staff members present were Mrs. Mitchell and Mrs. McDowell. Other staff members present were Mr. James S. Robinson. Also present was Mr. Kirk Betts, Betts & Holt, LLP. ADOPTION OF AGENDA Mr. Neil moved for approval of the agenda, seconded by Mr. Lindell and unanimously carried. Mr. Lindell moved to recess into Executive Session pursuant to 29 Del. C. § 10004 (b)(6) - Discussion of the content of documents, excluded from the definition of "public record" in § 10002 of this title where such discussion may disclose the contents of such documents (§ 10002 (l)(2) trade secrets and commercial or financial information obtained from a person which is of a privileged or confidential nature). The motion was seconded by Mr. Neil and unanimously carried. The Special Council Meeting recessed into Executive Session at 6:32 p.m. The Executive Session adjourned at 6:42 p.m. ACTION RESULTING FROM THE EXECUTIVE SESSION During the executive session, members of Council considered preliminary proposals for energy and capacity. Mr. Neil moved to authorize the City Manager to proceed with the proposals for energy and capacity. The motion was seconded by Mr. Polce and unanimously carried. Mr. Neil moved for adjournment, seconded by Mr. Polce and unanimously carried. The Special Council Meeting adjourned at 6:43 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Special Meeting of January 14, 2019 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2019\01-14-2019 SPECIAL COUNCIL MEETING - ES ACTION (PUBLIC) - Proposals for Energy and Capacity.wpd

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REGULAR COUNCIL MEETING The Regular Council Meeting was held on January 14, 2019 at 7:30 p.m. with Councilman Hare presiding in the absence of Council President Slavin. Council members present were Mr. Anderson, Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Polce, Mr. Hare, and Mr. Lindell. Staff members present were Police Chief Mailey, Ms. Peddicord, Mrs. Mitchell, Mr. Hugg, Fire Chief Rhodes, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Christiansen was also present. OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Councilman Hare declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. Mr. Matt Davis and Mr. David Pierson, owners of 217-219 West Reed Street, were present to speak about the increased crime in that area. The invocation was given by Bishop Thomas L. Holsey, followed by a moment of silence for the passing of Mr. Charles “Terry” Jackson and the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Mr. Neil moved for approval of the agenda, seconded by Mr. Lindell and unanimously carried. Mr. Sudler moved for approval of the consent agenda, seconded by Mr. Neil and carried by a unanimous roll call vote (Slavin absent). ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF DECEMBER 10, 2018 The Minutes of the Special Council Meeting of December 10, 2018 were unanimously approved by motion of Mr. Sudler, seconded by Mr. Neil and bore the written approval of Mayor Christiansen. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 10, 2018 The Minutes of the Regular Council Meeting of December 10, 2018 were unanimously approved by motion of Mr. Sudler, seconded by Mr. Neil and bore the written approval of Mayor Christiansen. CERTIFICATE OF CONGRATULATIONS - THE LITTLE SCHOOL 65TH ANNIVERSARY The City Clerk read the following Certificate of Congratulations into the record: CERTIFICATE OF CONGRATULATIONS Presented to The Little School Since 1954, The Little School has been dedicated to serving families in Dover with a team approach and commitment to developing the whole child. Within an ever changing family

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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 2 dynamic, The Little School builds skills for a life of success and fulfillment by creating lasting, strong and positive relationships between the child, family and school. The City of Dover extends its sincere congratulations to The Little School for being the cornerstone for educating young children for the past 65 years. Congratulations on this special milestone; we wish you many more years of great success. January 14, 2019 On behalf of City Council, The Little School alumni, and the Citizens of the City of Dover, Mayor Christiansen presented the Certificate to Shannon Mercer, Lisa Ratliff, and the Little School staff. He noted that The Little School has molded many young men and women who have gone on to be leaders in our community, the state, and the nation. Ms. Ratliff thanked members for the recognition, noting that they were honored to be there. She recognized The Little School founders, Penny Fox, Hattye Mae Biddle, and Jane Richter, stating that they were incredible mentors, and their incredible staff and families. Ms. Ratliff advised that, as part of their 65th year, they were doing a community kindness campaign and a postcard campaign. RECOGNITION OF SERVICE - COURTNEY STEWART - DOVER HUMAN RELATIONS COMMISSION (MARCH 2014 - SEPTEMBER 2015), UTILITY COMMITTEE (MAY 2015 - MAY 2016), AND LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE (JUNE 2016 - OCTOBER 2018) On behalf of members of Council and the Citizens of Dover, Mayor Christiansen presented Dr. Courtney Stewart with a Dover Cup in recognition of her service on the Dover Human Relations Commission (March 2014 - September 2015), the Utility Committee (May 2015 - May 2016), and the Legislative, Finance, and Administration Committee (June 2016 - October 2018). Dr. Stewart thanked City Council for letting her participate on the various Committees throughout the year. She noted that she had really enjoyed her service and was only leaving because she moved out of the City limits. C O U NCI L CO MMI T T E E O F TH E WH O L E R E PO R T - DECEMBER 11, 2018 The Council Committee of the Whole met on December 11, 2018 at 6:00 p.m., with Council President Slavin presiding. Members of Council present were Mr. Anderson, Mr. Sudler, Mr. Neil (arrived at 6:02 p.m.), Mr. Lewis, Mr. Cole, Mr. Polce, Mr. Hare (arrived at 6:27 p.m.), and Mr. Lindell. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Caldwell and Dr. Warfield (Parks, Recreation, and Community Enhancement), Mr. Garfinkel and Mr. Shelton (Safety Advisory and Transportation), and Mrs. Doyle and Ms. Scarborough (Utility).

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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 3 PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Chairman Sudler presiding. Fourth District Total Expenditures for ADA/Walkway, Street Paving Projects and Miscellaneous Enhancements for 2015-2018 Mrs. Donna Mitchell, City Manager, reviewed a summary of the Fourth District Public Works ADA/Walkway and Street Paving Projects and Miscellaneous Enhancements for 2015 - 2018. She noted that the total expenditure was $2,381,825 and some of the projects had partial or total funding from Senator Bushweller and Representative Lynn. Criminal Statistics and Complaint Increase or Decrease for Fulton Deli Market - August - November 2017 vs. August - November 2018 Police Chief Marvin Mailey reviewed comparative statistics regarding complaints for the 300 block of Fulton Street, noting that there were less complaints between August and November 2018 than August and November 2017. Chief Mailey explained that “Self Initiated Complaints” were complaints initiated by a police officer and advised that there were 14 generated in 2017 versus seven (7) in 2018. He noted that the Fulton Street Deli was closed on August 2, 2018 due to a criminal investigation conducted by the Police Department in concert with the Department of Planning and Inspections. Mr. Anderson asked if, based on the volume of complaints, Chief Mailey thought there was a definite connection between the illegitimate disorderly operation of the Fulton Street Deli and the complaints in the area around it. Responding, Chief Mailey stated yes, the business which was investigated and subsequently closed down was a magnet for criminal activity in the area as well as narcotics, so it brought a lot of people to the area. He noted that, upon its closing, the Police Department saw a rapid decrease of criminal activity and associated complaints. Chief Mailey advised that the closure of the Fulton Street Deli allowed the Police Department to move resources elsewhere in the city and meet other issues. Mr. Anderson asked if Chief Mailey thought there needed to be any adjustments to the City’s ordinances related to safe communities and disorderly premises. He indicated that people had been suffering in some areas, such as the Hamlet, Kirkwood Street and Fulton Street, for years before the City was able to finally resolve the issues. Responding, Chief Mailey stated that he thought the laws in place were sufficient. He noted that he thought that the cooperation of the residents and people willing to report criminal activity helped in this situation. Chief Mailey advised that community outreach and cooperation go a long way toward helping the Police Department achieve its goals and as long as people are willing to work with them, they have plenty of tools to solve a lot of problems.

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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 4 Mr. Anderson expressed his appreciation for the great work done by the employees of the Dover Police Department. Mayor Christiansen also commended the employees of the Dover Police Department for the outstanding job they had done, noting that it was a great example of community policing. He advised members of the possibility of the deli reopening under new ownership and that the Police Department and community would continue to be vigilant. Mr. Lindell commended the Police Department for addressing this situation and asked if the Police Department would be redistributing resources on the outskirts of the city as well, noting that there had been an uptick in break-ins and other crimes in the First District. Responding, Chief Mailey advised that the Police Department constantly reviews criminal statistics and reevaluates enforcement efforts and tailors them to current crime trends. Mr. Sudler asked if the closing of the Elks Lodge on Kirkwood Street as well as the Fulton Deli had made a significant impact on crime, particularly prostitution, in that general area. In response, Chief Mailey informed members that, as a result of online dating, prostitution had taken on different forms and the Police Department monitored illicit websites for this type of activity. He stated that since those businesses had closed, the Police Department had definitely noticed a decrease in crime and criminal activity in those neighborhoods. Mr. Anderson noted that there was a particular liquor store downtown that seemed to be a magnet for disorderly conduct around it and stated his hope is that they would receive a message from some of these other closures and work to clear up their action as well. Responding, Chief Mailey advised that the Police Department was aware of the activity to which Mr. Anderson was referring and they had partnered with other organizations in an effort to investigate further. He noted that they had not detected any activity worthy of closing the business down; however, they were keeping an eye on that situation. Update on College Road Walkway Installation/Estimated Cost Mrs. Donna Mitchell, City Manager, advised members that the College Road walkway is ranked as project number 85 on the Delaware Department of Transportation (DelDOT) Proposed FY20 to FY25 Capital Transportation Program and preliminary engineering is scheduled to begin in FY23. She noted that the City did include this project as a priority on the request sent to DelDOT this year. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE The Safety Advisory and Transportation Committee met with Chairman Lewis presiding.

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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 5 Presentation - Smart911 Mr. Charles Kistler, Executive Director of Delaware Help Initiative, provided an overview of Smart911, explaining that the application was purchased by the State of Delaware and is a service that allows residents to create a free safety profile for their household that includes any information they want 911 and first responders to have in the event of an emergency. He stated that if someone from a household dials 911 from a phone associated with a safety profile, their profile will immediately display to the 911 call taker, providing additional information that can be used to facilitate the proper response to a proper location. Mr. Kistler noted that Smart911 provides details that could impact the response the second an emergency call is placed and saves 12 minutes in response time, which could be the difference between life and death. He stated that the application is available in all 50 States and people can create a profile at www.smart911.com to provide 911 valuable information regarding their entire household. Mr. Kistler advised that the service is private and secure, and individuals control the information that they provide. Mr. Kistler advised that he and his colleague, Mr. Harold Stafford, were trying to raise grant funds to address the Smart911 application within the Dover communities that they served with the Lights-On program and they would return with a proposal for implementation in the City once they secure the grant funding. He stated that this program would provide additional public safety which is the whole basis of what they're doing. Mr. Kistler noted that in every city that they go to, a simple light bulb on a front porch leads to an alleyway of solar-powered lights or the retrofitting of streetlights to LED lights. In response to Mr. Anderson, Mr. Kistler committed to providing an information packet regarding Smart911 subsequent to the meeting for inclusion in the Council meeting packet for January 14, 2019. He stated that, in addition to providing the information packet, he would also provide information for the Customer Service Department, so individuals who come into the Department will have access to the information as well. (City Clerk’s Office Note: Subsequent to the meeting, Mrs. Donna Mitchell, City Manager, provided members with additional information regarding Smart911). Responding to Mr. Shelton, Mr. Kistler advised that the data individuals provide is protected, explaining that it is stored on the Emergency Operations Center (EOC) platform. Mr. Neil stated that he looked forward to having the information packet, so that he and Mr. Cole could forward it to the Third District homeowners’ association presidents to circulate throughout their communities. Mr. Lewis thanked Mr. Kistler for the presentation and stated that, as a certified CPR basic first-aid instructor, he could attest that it is a phenomenal program. He implored Mr. Kistler to follow up and provide the information packet to

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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 6 Mrs. Donna Mitchell, City Manager, and Council President Slavin, since he would no longer be on Council. Evaluation of Proposals - Ambulance Service Contract Mrs. Donna Mitchell, City Manager, reviewed the background and analysis regarding the evaluation of proposals for the Ambulance Service Contract. She reminded members that the City issued an addendum to the request for proposals (RFP) for the Ambulance Service Contract on November 16, 2018 and stated that all four (4) original proposers responded to the addendum. Staff recommended authorizing the City Manager to execute a three-year contractual agreement with St. Francis Healthcare for BLS Ambulance Services to include two units, 24 hours, 7 days a week with 2 EMT’S in accordance with the terms included in RFP #19-0001CM, issued July 11, 2018, and subsequent addendum issued November 16, 2018. Responding to Mr. Neil, Mrs. Mitchell advised that the cost of the current contract was $245,000 and the proposal submitted by St. Francis Healthcare was less than the current amount. Mayor Christiansen commended Mrs. Mitchell for following through on looking into the facts and information that were available. Mr. Lindell indicated that he thought that when this contract comes up again Council should evaluate the previous contract and future needs prior to initiating the RFP process. He stated that he thought that staff did their due diligence but Council dropped the ball as far as communicating what they wanted. The Committee recommended authorizing the City Manager to execute a three-year contractual agreement with St. Francis Healthcare for BLS Ambulance Services to include two units, 24 hours, 7 days a week with 2 EMT’S in accordance with the terms included in RFP #19-0001CM, issued July 11, 2018, and subsequent addendum issued November 16, 2018, as recommended by staff. By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation, seconded by Mr. Neil and carried by a unanimous roll call vote (Slavin absent). UTILITY COMMITTEE The Utility Committee met with Chairman Cole presiding. Dover Downs International Speedway - Request for Well - Lot 18 Mrs. Donna Mitchell, City Manager, reviewed a request from Dover Downs International Speedway to drill a well on Lot 18. She advised members that Chapter 110 - Utilities, Section 110-67 - Private Wells of the Dover Code states that “It shall be unlawful and a nuisance for any person to dig, drill or otherwise excavate any well

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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 7 more than 150 feet below the surface of the ground within the city, or one mile thereof, without the permission of the city council given by resolution. No permission shall be given for a well on any property where a potable water supply is available.” Mrs. Mitchell explained that the Code prohibits her from granting this request; however, Council can authorize it by adoption of a resolution. She informed members that, since it is not potable water, the Department of Public Works contacted the Department of Natural Resources and Environmental Control (DNREC) to ensure that the City would not be held liable. Mrs. Mitchell read DNREC’s response, as follows: “After discussion with our office of drinking water, the following requirements would be needed if the shower facility moved forward. Signage must be installed stating that the water is non-potable, shower use only, no sinks will be allowed. Tempering valves will be required and the shower and facility will have signage that states that filling bottles will not be allowed.” She explained that if the City moves forward with authorization of this facility, staff would need to make sure there is assurance that these conditions are met for DNREC’s purposes. Mr. Greg Moore, Becker Morgan Group, and Mr. Jim Hosfelt, Dover International Speedway, reviewed a map entitled “Master Plan Firefly.” Mr. Moore indicated that the end of the water line was over 5,000 feet from the proposed shower facility for the campers in this area and it was cost prohibitive to extend the water line for the purposes of the three (3) day Firefly Festival. He stated that their proposal was to drill a well which would provide the water service to the shower facility. Mr. Moore clarified that they were proposing lavatories to include sinks and showers and believed they needed a potable water supply. He stated that it was very usual for wells to be completely potable and they would go through all of the standard testing required by DNREC and the Department of Health and Social Services. Mr. Moore informed members that there are many potable systems throughout Kent County that provide drinking water safely, including the boy scout complex and Delaware Turf. He noted that until last year, Polytech High School had a well system that they operated on site. Mr. Moore advised that they would only use the system for the proposed shower system during the festival and then it would be shut down. Mr. Cole, noting the proximity of the Wild Meadows and Persimmon Tree Park communities, asked if there would be any impact on the area. Responding, Mr. Moore stated that there would be no impact in terms of the well, noting that DNREC would dictate which aquifer is safe and issue the permit for the well. Mr. Cole asked if Dover Downs would be in communication with the area residents regarding this matter. Responding, Mr. Hosfelt confirmed that Dover Downs would handle any communication the City feels is necessary. He noted that Mr. Michael Coco and Mr. Josh Moore from AEG Presents, as well as Mr. Terry Harmeson from Dover International Speedway, were also present. Mr. Hosfelt stated that the Speedway and AEG wanted to emphasize that the nationwide festival industry is very competitive now and in order to make the Firefly Festival viable, they need to keep it fresh. He noted that approximately 50,000 people camp during Firefly and they

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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 8 would like to increase the amenities in the campgrounds to make sure it is a place people want to come back to every year. Mr. Moore stated that, from a safety standpoint, it is very important for them to ensure they are providing quality drinking water. Mr. Neil stated that he thought that if the request is for potable water, the aesthetic value of showers cannot be emphasized more. He indicated his support for the well as long as it will not interfere with the Third District area, the water levels will remain consistent, and the separate potable water supply will meet the requirements of DNREC. Mr. Neil noted that he was delighted to have AEG coming in, explaining that he thought it would stabilize the entire operation, which is vital for the City. Responding to Mr. Sudler, Mrs. Mitchell explained that, based on the request the City received, staff believed the proposal was for showers only; however, based on Mr. Moore’s comments it seemed as though they were discussing a potable water supply with DNREC. She stated that this only creates a problem because the City Code does not allow wells with City limits; however, there is a provision for Council to grant permission. Mr. Moore stated that it was their fault for not making that clear. He explained that their primary goal is a large shower facility but they also want the campers to be able to brush their teeth, and they want the water at a level where they can allow that to happen safely. Mr. Moore noted that they want everyone to be safe and comfortable and do not want to have to install signs in the facility indicating there is an issue with the water. Responding to Mr. Anderson, Mr. Moore explained that they could not pursue the permitting process and testing until Council grants the exception to allow a well to be drilled. In response to Mr. Anderson, Mr. Slavin advised that the Committee could simply make a motion with a recommendation to Council to have a resolution prepared for the next meeting. He explained that Council could then consider the Committee’s recommendation, as well as a draft resolution authorizing the well, during its next meeting. The Committee recommended that the City move forward with the processes necessary to permit a well for this special purpose during the Firefly event, and instructing that a resolution be drafted for the next Council meeting. By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation, seconded by Mr. Neil and carried by a unanimous roll call vote (Slavin absent). (Adoption of the Resolution is scheduled to take place during the latter part of the meeting).

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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 9 Evaluation of Proposals - Water / Wastewater Rate Study Mrs. Donna Mitchell, City Manager, reviewed the background and analysis regarding the evaluation of proposals for the Water / Wastewater Rate Study. She noted that staff budgeted $60,000 for this project and the recommended bid rate was $44,500, which would result in a savings on this project. Staff recommended awarding the contract to Municipal & Financial Services to perform a Water / Wastewater Rate Study, Bid #19-0009PW, for the amount of $44,500. The Committee recommended awarding the contract to Municipal & Financial Services to perform a Water / Wastewater Rate Study, Bid #19-0009PW, for the amount of $44,500, as recommended by staff. By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation, seconded by Mr. Neil and carried by a unanimous roll call vote (Slavin absent). Evaluation of Proposals - GIS Inventory Survey of Roadway and Other Outdoor Lights Mr. James Robinson, Electric Director, reviewed the background and analysis regarding the evaluation of proposals for GIS Inventory Survey of Roadway and Other Outdoor Lights. Staff recommended awarding the contract to Citelum as per the proposal submitted in response to RFP #19-0010EL. Responding to Mr. Lewis, Mr. Robinson confirmed that the lowest bidder is from Dover and the price reflects the preference criteria for contract awards, however, the decision was based on experience. He advised that the lowest bidder has the ability to go out and identify objects to put on the database; however, they do not have the experience to identify the 14 different attributes the City requires. Mr. Robinson stated that staff wanted to ensure that the City has sufficient information to decide what lights are needed. Mr. Anderson stated that he leans toward the local company that scored a 90 and was in the top three (3) bidders. He asked Mr. Robinson to explain the differences between the top three (3) companies and why the City wouldn’t select the local company which is also a low bidder. In response, Mr. Robinson advised that staff looked very closely at the experience that each of the vendors have coming into this effort, noting that some of them have done hundreds of thousands of these types of audits, while others have only done a handful. He explained that some of the vendors have experience identifying the various types of information that the City is seeking, while others, although strong vendors, don't necessarily have that experience. Mr. Robinson noted that it was a tight ranking and a fair amount of preference was given to those experienced bidders.

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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 10 Mr. Polce noted that he was excited that this project would provide the City with a real opportunity for innovation, in terms of being a smart city, incorporating 4G and 5G on these light fixtures, and providing data analytic capability. He stated that, based on his research, Citelum is an international firm that had done hundreds of thousands of these types of audits, and asked if Mr. Robinson had full confidence that, for the minor price difference of $3,800, Citelum would be able to deliver a really great Phase I process that will lead the City into Phase II and ultimately to engage in larger conversations regarding smart city technology, etc. Responding, Mr. Robinson stated that the ability not necessarily to do this type of inventory but to do a comprehensive review, analysis, photometric studies, etc. to go to the smart city environment was one (1) of the strengths of this particular bidder and others. He noted that it is important to be able to utilize a firm who understands how all the pieces fit together. Mr. Robinson stated that the price difference is fairly small and the recommended bidder is not a Dover company, however, based on the criteria reviewed, staff felt this was the best choice. Mrs. Donna Mitchell, City Manager, informed members that this GIS audit would enable the City to convert to LED lights and it would also fix the City’s billing system. She explained that the current billing system is inaccurate and the audit will determine what lights the City should be billing. Mrs. Mitchell noted that the street lights are a General Fund expense, and this project will help the General Fund because the billing will be accurate, and energy charges will decrease once the LED lights are installed. She stated that the Electric Fund is paying for the project and the General Fund will hopefully reap the benefits from it. Mr. Sudler stated that he would like to see more business given to local companies and asked Mrs. Mitchell if she thought the local company would be able to achieve the City’s goal. Responding, Mrs. Mitchell advised that she could not answer his question because she did not review any of the proposals for this project. She explained that she turned this project over to the Electric Director and the determination was left to the expertise of him and his staff. Mr. Sudler asked if this was Mr. Robinson’s first project of this magnitude. In response, Mr. Robinson stated that he did a similar project in Massachusetts, however, it was smaller since they only had 1,800 street lights to inventory. Mr. Sudler asked if Mr. Robinson thought the local company would be able to perform the task and achieve the City’s goal even thought they had a few things missing. Responding, Mr. Robinson explained that the local company did not demonstrate that they could go out and get all of the information the City wants for each light. He stated that the needed to demonstrate that they had completed a sufficient number of these types of projects in the past for staff to be comfortable, explaining that they did not want to get in a position where the vendor only provides half of the information that they claim they will provide because staff is trying to keep the process moving along fairly quickly. Mr. Robinson stated that, based on his experience in Massachusetts, he found that it was important to have all the

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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 11 information to be able to effectively develop the next steps of the program. He indicated that information, like the light wattage, is not readily available to the untrained eye, and those who have done this for a long time can quickly identify the information. Mr. Sudler stated that he understood and appreciated the importance and urgency of the project; however, he wanted to ensure that the City did not overlook local companies that may be able to provide the same service and were just missing a few things. He noted that he thought it was very important for the City to invest in local companies as well as seek outside companies. Responding to Mr. Hare, Mr. Robinson explained that the local company may be able to do the job, however, they did not demonstrate that they have enough experience for staff to be comfortable that they will provide everything the City is requiring by the end of the 45 days. In response to Mr. Slavin, Mrs. Mitchell confirmed that the total was used for evaluation purposes and reflected the price with the 3% reduction for local companies. She noted that if the 3% were factored into the price, they would not have the lowest bid. Mrs. Mitchell explained that the vendor would pay the unit price based on the number of lights in the City’s system. Mr. Robinson noted that the unit price is the price the company actually quoted. Mr. Slavin suggested that the evaluation prices and the actual prices to be paid be presented in the future. In response to Mr. Lindell, Mr. Robinson advised that the overall project, including acquisition and installation of the light, would cost approximately $3M. Mr. Lindell noted that he believed that if staff thought there was a tie between the vendors, they would recommend the local vendor. He stated that, in this case, he trusted the recommendation of the City’s experts that these individuals would do the job and enable the City to complete this $3 million project without having to ask for more money to fix any potential mistakes that may occur. Mr. Polce moved to recommend awarding the contract to Citelum as per the proposal submitted in response to RFP #19-0010EL, as recommended by staff. The motion was seconded by Mr. Lindell. Responding to Mr. Sudler, Mr. Robinson stated that he did not have the information regarding the differences in vendor experience with him, however, he could provide that information. Mr. Sudler explained that he needed those kinds of figures to make decision. He noted that he was not questioning staff’s expertise, however, he thought members should be provided all the facts in the future. Mr. Sudler stated that he did not feel comfortable making a decision because he felt members were missing information that was vital to making an education decision.

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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 12 Mr. Hare noted that if he were provided all of the detailed information regarding GIS and lights, he would probably not understand half of it, therefore, he relied on Mr. Robinson’ knowledge and expertise and would support his recommendation. He indicated that the responsibility for the decision would be staff’s, since the recommendation came from staff. The Committee recommended awarding the contract to Citelum as per the proposal submitted in response to RFP #19-0010EL. By consent agenda, Mr. Sudler moved for approval of the Committee’s recommendation, seconded by Mr. Neil and carried by a unanimous roll call vote (Slavin absent). By consent agenda, Mr. Sudler moved for acceptance of the Council Committee of the Whole Report, seconded by Mr. Neil and carried by a unanimous roll call vote (Slavin absent). MONTHLY REPORTS - NOVEMBER 2018 By motion of Mr. Sudler, seconded by Mr. Neil, the following monthly reports were accepted by consent agenda: City Assessor's Report City Council’s Community Enhancement Fund Report City Manager's Report City Planner's Report Controller/Treasurer's Budget Report (October and November) Fire Chief's Report Police Chief's Report RESOLUTION NO. 2019-01 AUTHORIZING THE CONSTRUCTION OF A PRIVATE WELL ON THE GROUNDS OF DOVER INTERNATIONAL SPEEDWAY FOR THE SOLE PURPOSE OF A SHOWER FACILITY ON LOT 18 Mrs. Donna Mitchell, City Manager, advised that the Resolution would authorize Dover International Speedway to install a well on lot 18. She noted that the Office of Drinking Water suggested a few administrative changes and that they would be included in the final Resolution. By motion of Mr. Neil, seconded by Mr. Polce, Resolution No. 2019-01 was unanimously adopted, as follows: A RESOLUTION AUTHORIZING THE CONSTRUCTION OF A PRIVATE WELL ON THE GROUNDS OF DOVER INTERNATIONAL SPEEDWAY, INC. FOR THE SOLE PURPOSE OF A SHOWER FACILITY ON LOT 18 WHEREAS, pursuant to Chapter 110 - Utilities, Article III - Water, Section 67 - Private Wells of the City of Dover Municipal Code, a Request to construct a private well for the area known as Lot 18 belonging to Dover International Speedway, Inc. was submitted by the real property owners; and

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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 13 WHEREAS, in order to ensure the public health and safety, the well requirements contained in this Resolution shall apply to all wells located on property belonging to Dover International Speedway, Inc. or any version thereof and/or private wells utilized to provide potable water to any related events; and WHEREAS, pursuant to Chapter 110 - Utilities, Article III - Water, Section 67 - Private Wells, the City of Dover and the State of Delaware Department of Natural Resources and Environmental Control evaluated the request for a private well on Lot 18, zoned Recreational Commercial (RC), and identified required construction criteria and necessary development of an operation and maintenance plan; and WHEREAS, the property owners of Lot 18 will be required to complete the construction and all operations and maintenance in accordance with the requirements of the City of Dover Municipal Code, State of Delaware Code, and any related policies of the State of Delaware Department of Natural Resources and Environmental Control and the State of Delaware Division of Public Health prior to supplying water to the public and receiving a Certificate of Approval to Operate per event; and WHEREAS, Chapter 110 - Utilities, Article III - Water, Section 67 - Private Wells requires that it shall be unlawful and a nuisance for any person to dig, drill or otherwise excavate any well more than 150 feet below the surface of the ground within the city, or one mile thereof, without the permission of the city council given by resolution. NOW THEREFORE BE IT RESOLVED: 1. That the proposed well is considered in accordance with the zoning classification and any change in zoning will negate this Resolution; and 2. That all the property owners within the district are benefitted directly or indirectly by the proper and responsible construction, operation and maintenance of the well; and 3. That it is in the public interest that the well be constructed in accordance with the State of Delaware Code and any related policies of the State of Delaware Department of Natural Resources and Environmental Control; and 4. That in the interest of public health and safety that the infrastructure within Lot 18, exclusive of that within Delaware Department of Transportation/City of Dover right-of-way, shall be maintained in accordance with the Operation and Maintenance Plan developed by the owner which shall include, but not be limited to, providing a secure facility/well house to protect the wellhead and allow for potential treatment, providing a contingency plan for the provision of potable water, performing private testing to ensure adherence to federal/state drinking water standards, at the owner's expense, starting a minimum of two (2) weeks prior to utilization of the well and that maintenance shall include regular minor and major maintenance as well as emergency repairs as needed; and

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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 14 5. Construction of a well on Lot 18, property of Dover International Speedway, Inc. shall not exempt the property owner or developer from participation in a water utility should one be extended by the City of Dover, and signage will be installed to inform the public that the water is not City of Dover supplied water and 6. Any transfer of property, negates this resolution; and 7. That the City of Dover Council concurs with the installation of a well on Lot 18 - Dover International Speedway, Inc. ADOPTED: JANUARY 14, 2019 DELAWARE DEPARTMENT OF TRANSPORTATION (DELDOT) EASEMENTS FOR WHITE OAK ROAD Mrs. Donna Mitchell, City Manager, advised that the Delaware Department of Transportation (DelDOT) plans to perform work on White Oak Road and they need an easement across the road into the Garrison Farm property. She noted that one is a permanent easement for maintenance around the bridge that DelDOT will need to do in the future, and the other is a temporary easement for construction. Mr. Neil moved for approval of the easements, seconded by Mr. Cole and unanimously carried. APPOINTMENT OF DELAWARE MUNICIPAL ELECTRIC CORPORATION (DEMEC) DIRECTOR AND ALTERNATE DIRECTOR (DONNA S. MITCHELL, CITY MANAGER, AND JAMES S. ROBINSON, ELECTRIC DIRECTOR) By consent agenda, Mr. Sudler moved to appoint Mrs. Donna S. Mitchell and Mr. James S. Robinson to serve as Delaware Municipal Electric Corporation (DEMEC) Director and Alternate Director, respectively. The motion was seconded by Mr. Neil and carried by a unanimous roll call vote (Slavin absent). FINAL READING - PROPOSED ORDINANCE #2018-13 The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of December 10, 2018. Acting Chair Hare reminded members of the public that copies of the proposed ordinance were available at the entrance of the Council Chambers or on the City's website at www.cityofdover.com under "Government." Mr. Sudler moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Neil and unanimously carried. Mrs. Donna Mitchell, City Manager, advised that this was the first amendment to the budget necessary to cover the project carry forward balances for all of the multi-year capital improvement projects that were not completed. She stated that the Ordinance would carry forward those budget balances into the next year, as well as add $50,000 to the fleet maintenance division for the police cars and $50,000 to the human resources division for the diversity and inclusion study.

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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 15 By motion of Mr. Neil, seconded by Mr. Lindell, Council, by a unanimous roll call vote (Slavin absent), adopted Ordinance #2018-13 (Exhibit #1). ANNEXATION/REZONING REQUEST/FIRST READING OF PROPOSED ORDINANCE #2019-01 A request was received for annexation and rezoning of property located at 2920 North DuPont Highway (on the east side of North DuPont Highway and adjacent to the north side of Maxwell Street), consisting of 0.57 acres+/- acres, owned by NewWind Properties 2920 LLC. This property is currently zoned BG (General Business)(Kent County zoning classification) and the proposed zoning is C-4 (Highway Commercial)(City of Dover zoning classification). Staff recommended that the request be referred to the Utility Committee on January 29, 2019; the Planning Commission on February 19, 2019; and that a Public Hearing be set for March 11, 2019 at 7:30 p.m. (Tax Parcel: ED-00-057.02-01-08.00-000; Planning Reference: AX-19-01; Council District: 3rd) Mr. Neil moved for referral, as recommended, seconded by Mr. Cole and unanimously carried. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the proposed Ordinance as read by the City Clerk, by title only, as follows: ORDINANCE #2019-01 AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 2920 NORTH DUPONT HIGHWAY, OWNED BY NEWWIND PROPERTIES 2920 LLC. CITY MANAGER'S ANNOUNCEMENTS Mrs. Donna Mitchell, City Manager, advised that leaf collection ended on January 11th and that they were back to their normal street sweeping cycle. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Anderson invited everyone to the Annual Chili Cookoff at Maranatha Life Changing Church, 1235 East Division Street, on January 24th from 6:00 to 9:00 p.m. He noted that the event is to benefit Hopes and Dreams Incorporated and Maranatha Life Changing Church. The recommended donation is $10 for individuals and $20 per family. Mr. Anderson announced that Monday, January 21st would be the 33rd celebration of Dr. Martin Luther King’s birthday as a national holiday and Delaware State University would be holding a program 12:00 p.m. in the Education and Humanities Building theater with a reception afterwards. He noted that it was free and open to the public and he encouraged everyone to attend. Mr. Sudler announced that the Alpha Phi Alpha incorporated 1906 will be hosting the Martin Luther King, Jr. prayer breakfast at the Modern Maturity Center at 7:00 a.m. on January 21st and invited everyone to attend. Mr. Neil moved for adjournment, seconded by Mr. Cole and unanimously carried.

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CITY COUNCIL MEETING OF JANUARY 14, 2019 PAGE 16 Meeting adjourned at 7:48 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Regular Meeting of January 14, 2019, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR TM/jt S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2019\01-14-2019 Council Minutes.wpd Exhibits Exhibit #1 - Ordinance #2018-13 - 2018-2019 Budget Ordinances - First Amendment

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EXHIBIT #1 Regular Council Meeting of 01/14/2019 CITY OF DOVER ORDINANCE # 2018-13 2018-2019 BUDGET ORDINANCES - FIRST AMENDMENT BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating One Hundred Thousand dollars ($100,000) or so much thereof as may be necessary are hereby appropriated from prior year budget balance for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2018 and ending June 30, 2019: GENERAL FUND CASH RECEIPT SUMMARY FOR 2018-2019 2018/19 ADJUSTMENT TOTAL BEGINNING BALANCE & REVENUE $ 100,000 2018-2019 BUDGET ORDINANCES - FIRST AMENDMENT GENERAL FUND - EXPENDITURES AND BUDGET BALANCE FOR 2018-2019 2018/19 DEPARTMENT EXPENSES ADJUSTMENT FLEET MAINTENANCE 50,000 HUMAN RESOURCES 50,000 DEPARTMENT SUBTOTALS 100,000 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: JANUARY 14, 2019 1

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2018-2019 BUDGET ORDINANCES - FIRST AMENDMENT GOVERNMENTAL CAPITAL PROJECTS FUND REVENUES AND BUDGET FOR 2018-2019 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating One Million Ninety Two Thousand Two Hundred dollars ($1,092,200) or so much thereof as may be necessary are hereby appropriated from prior year budget balance for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2018 and ending June 30, 2019: REVENUES 2018/19 ADJUSTMENT BEGINNING BALANCE - PROJECTS $ 1,092,200 EXPENSE SUMMARY 2018/19 EXPENDITURES ADJUSTMENT GROUNDS 62,500 RECREATION 219,500 POLICE 90,300 STREETS 694,800 FACILITIES MANAGEMENT 25,100 DEPARTMENT SUBTOTAL 1,092,200 TOTAL EXPENDITURES 1,092,200 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: JANUARY 14, 2019 2

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2018-2019 BUDGET ORDINANCES - FIRST AMENDMENT WATER/WASTEWATER IMPROVEMENT & EXTENSION FUND CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Three Million Five Hundred Fifty One Thousand Nine Hundred dollars ($3,551,900) or so much thereof as may be necessary are hereby appropriated from prior year budget balance for the use by several departments of the Municipal Government for the fiscal year begining July 1, 2018 and ending June 30, 2019: CASH RECEIPTS 2018/19 ADJUSTMENT BEGINNING BALANCE - WATER $ 2,719,000 BEGINNING BALANCE - WASTEWATER 832,900 TOTAL BEGINNING BALANCES 3,551,900 EXPENSE SUMMARY 2018/19 EXPENSES ADJUSTMENT WATER $ 250,800 WASTEWATER 832,900 WATER TREATMENT PLANT 2,468,200 TOTAL EXPENSES 3,551,900 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: JANUARY 14, 2019 3

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2018-2019 BUDGET ORDINANCES - FIRST AMENDMENT ELECTRIC UTILITY IMPROVEMENT AND EXTENSION FUND CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating One Million Six Hundred Forty Eight Thousand dollars ($1,648,000) or so much thereof as may be necessary are hereby appropriated from prior year budget balance for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2018 and ending June 30, 2019: REVENUES 2018/19 ADJUSTMENT BEGINNING BALANCE $ 1,648,000 EXPENSE SUMMARY 2018/19 EXPENSES ADJUSTMENT ELECTRIC GENERATION 112,000 ELECTRICAL ENGINEERING 27,000 ERP SYSTEM 1,509,000 TOTAL EXPENSES 1,648,000 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: JANUARY 14, 2019 4

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2018-2019 BUDGET ORDINANCES - FIRST AMENDMENT COMMUNITY TRANSPORTATION IMPROVEMENT FUND CASH RECEIPTS/REVENUES AND BUDGET FOR 2018-2019 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: The amount hereinafter named aggregating Five Hundred Seventy Thousand Nine Hundred dollars ($179,900) or so much thereof as may be necessary are hereby appropriated from prior year budget balance for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2018 and ending June 30, 2019: OPERATING REVENUES 2018/19 REVISED PRIOR YEAR BALANCE $ 179,900 TOTALS $ 179,900 OPERATING EXPENSES 2018/19 REVISED PROGRAM EXP. GRANT RELATED $ 179,900 TOTALS $ 179,900 The City Manager is hereby authorized, without further approval of the City Council, to make interdepartmental transfers of up to five percent of the amount hereinafter appropriated to any department with the exception of any transfers prohibited by City Procedure #F306. ADOPTED: JANUARY 14, 2019 5

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COUNCIL COMMITTEE OF THE WHOLE The Council Committee of the Whole met on January 15, 2019 at 6:00 p.m. with Mr. Hare presiding in the absence of Council President Slavin. Members of Council present were Mr. Anderson (arrived at 6:03 p.m.), Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Polce (arrived at 6:02 p.m.), and Mr. Lindell. Mayor Christiansen was also present. Civilian members present for their Committee meetings were Mr. Caldwell (Parks, Recreation, and Community Enhancement), Mrs. Doyle (Utility), and Mr. Shevock (Legislative, Finance, and Administration). Dr. Warfield (Parks, Recreation, and Community Enhancement), and Mrs. Haass (Utility) were absent. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE The Parks, Recreation, and Community Enhancement Committee met with Chairman Sudler presiding. AGENDA ADDITIONS/DELETIONS Mr. Neil moved for approval of the agenda, seconded by Mr. Caldwell and unanimously carried. Presentation - Inclusive Playgrounds Mr. Tom Talley, a Rotarian with Brandywine-Naamans Club in Wilmington and Can-Do Playground Chair, and Ms. Deb Edwards, Assistant Governor for the five (5) local Rotary clubs, reviewed information regarding how the Rotary developed Can-Do Playgrounds near Wilmington, and in Milford and Middletown to accommodate children and families of all abilities. Mr. Talley noted that the projects required a lot of planning, expertise, and coordination between the State and municipalities. He stated that he and Ms. Edwards wanted to determine whether the City of Dover is interested in developing an all-inclusive playground, like the Can-Do Playgrounds, so they can explain the City’s interest to the local Rotary clubs. Mr. Anderson noted that he thought this was important because it would help serve members throughout the community, and asked if the local rotaries were interested. Responding, Ms. Edwards indicated that they had just learned about the City’s interest and were asked to come share information. She noted that she had sent a preliminary email to the presidents of the local rotary clubs, however, they needed to gather additional information regarding the expectations of the City that she could take back to the presidents and the hopefully begin a collaborative effort between all of the clubs. Mr. Neil stated that the Rotary Club was very much a part of the City, noting that they were sponsoring the Jolly Trolley for First Fridays. He advised that he spent 20 years in the state of Maryland in vocational rehabilitation and was very proud of what he was able to accomplish in terms of public affairs for the vocation. Mr. Neil stated that he thought the fact that the Rotary had developed a blueprint based on experience would make it much easier for the City. In response, Mr. Talley noted that there had been a number of publications which had recognized the Can-Do Playgrounds, and people from Pennsylvania, Maryland, and New Jersey have brought their

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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 15, 2019 PAGE 2 children to utilize the playgrounds. He stated that they have been able to change the lives of young people. Mr. Polce, referring to the $480,000 charitable contributions for the Wilmington project, asked who contributed and what the average contribution was from the surrounding community. He indicated that the City always loves the opportunity to partner with the community, especially in regarding to capital investment, however, he also likes to consider how much the City will be responsible for paying. In response, Mr. Talley stated that he did not know how much money the City would be responsible for or how much would have to be raised. He indicated that, in the past, they had divided up the fundraising initiative and worked with Parks and Recreation for the State because they contributed the land. Mr. Talley advised that some of the contributions were from foundations and various businesses within the community, noting that the Longwood Foundation was one of the largest contributors. He noted that the Rotary District also utilized its grant process and contributed more than $100,000. Responding to Mr. Polce in regard to the monetary contributions of Nemours, Mr. Talley stated that several physicians and the therapy departments at Nemours contributed to the project, one (1) of their nurses helped in the planning, and they refer patients’ families to the playground. Mr. Lindell noted that his family frequently visits the Milford Can-Do Playground and his five-year- old daughter loves it, and it provides her with an opportunity to interact with children she would not typically and new social skills. He noted that the information regarding the Milford playground stated that there was $850,000 in contributions, and asked if that was the total cost of the playground. In response, Mr. Talley explained that $850,000 was the total, including the value of the land which was supplied by the City of Milford. He noted that the cost of the playground equipment is only one aspect, explaining that the land, engineering, drainage, leveling, etc. were other elements that the State provided assistance within the past. Mr. Lindell stated that he is a fan of public/private partnerships and he thought that this seemed like a very noble project to undertake, however, he noted that it is easy to build something but maintaining it takes additional commitment which needs to be considered when making a decision to proceed. Responding, Mr. Talley advised that the Rotary entered into an agreement with the State which defined their roles, and the Rotarians agreed to provide volunteers to help the State maintain the playground. He stated that they also created an endowment fund to help with maintenance costs. Mr. Talley noted that they had just completed a 10-year anniversary celebration and had a second fundraiser to upgrade the playground, make repairs, and add an interpretive area. Mr. Caldwell stated that he was in favor of an inclusive playground for the City of Dover because it would benefit kids in the area; however, he thought that the City needed to determine who would be involved and what the financial impact would be. Mr. Sudler noted that individuals in the community had contacted him regarding this need and he was happy to hear that members share this vision for an inclusive playground. He advised that he had spoken with Senator Colin Bonini who is willing to provide financial assistance and wants to talk to the City about making a contribution. Mr. Sudler noted that there are also grass-roots initiatives outside of the City that can help make this a reality.

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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 15, 2019 PAGE 3 Mr. Neil noted that there was a plan for Dover Park and he thought it would be beneficial to include this type of playground as an enhancement to that plan and the Rotary can play a role. He asked what the current status was for Dover Park. Responding, Mr. Sudler stated that he thought Dover Park would be a great staring point since the City was currently revitalizing that park. Mrs. Donna Mitchell, City Manager, stated that she would like to look at this option for Dover Park and would also like to look at the master plan for each of the City’s parks to determine if this would be feasible for all three (3) major City parks. Mr. Kirby Hudson, Director of Parks and Recreation, agreed that he thought the City should begin with Dover Park since there is a five-year master plan. He also thought the City should look at this concept for Schutte Park. Mr. Hudson stated that the concept is excellent and would be a draw that is desperately needed for all the City parks. He cautioned members to keep demographics in mind, explaining that he would not want the City to put all its resources into an area where they will not be utilized because there are not children in that area anymore. Mrs. Mitchell stated that the current master plan for Dover Park has a five-year implementation for affordability, explaining that the City will spend $130,000 a year over the five (5) years. She advised that there are optional suggestions in the plan for future years if the City can afford it and noted that if the City partners with a group such as the Rotary, she did not think it would take five (5) years to complete the plan. Mrs. Mitchell stated that since the City already had master plans for Schutte Park and Dover Park, she would prefer an opportunity to get the master plan for Silver Lake Park completed and work with the Rotary group and City staff to review the master plans and come back with a conceptual idea during the budget process. Mr. Anderson stated that he was curious to know if there is local interest from civic organizations in providing funding. In response, Mayor Christiansen stated that, as a Rotarian, he knew that if the City asked, the Rotary would do it. Mr. Hare, as a Rotarian, agreed with Mayor Christiansen, but noted that the five (5) Rotary Clubs in Dover do not have $400,000 and it would take time to get grant proposals in and determine the funding sources. Ms. Edwards indicated that, as a representative for the five (5) Rotary Clubs in the area, she will need to get confirmation from all the clubs that they are interested in this project. She explained that, in order to get their support, she will need to provide an idea of the City’s level of expectation for the Rotary’s involvement. Mr. Anderson moved to recommend referring the inclusive playgrounds to staff, with a positive recommendation, and that staff return with a feasibility report in six (6) months. The motion was seconded by Mr. Neil and unanimously carried. Mr. Lindell moved for adjournment of the Parks, Recreation, and Community Enhancement Committee meeting. The motion was seconded by Mr. Neil and unanimously carried. Meeting adjourned at 6:43 p.m.

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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 15, 2019 PAGE 4 UTILITY COMMITTEE The Utility Committee met with Chairman Cole presiding. AGENDA ADDITIONS/DELETIONS Mr. Sudler moved for approval of the agenda, seconded by Mr. Lindell and unanimously carried. Evaluation of Proposals - Tree Trimming Mr. James Robinson, Electric Director, reviewed the background and analysis regarding the evaluation of proposals for tree trimming. Mr. Polce noted that the City had two (2) arborists on staff and asked if a cost-benefit analysis had been done to determine whether hiring arborists internally would be more beneficial than contracting it out. Responding, Mr. Robinson stated that he was not aware that a cost-benefit analysis had been done; however, he thought it may have been considered in the past. He informed members that there is special training involved with putting people up in the power zone, and while arborists know the trees very well, they don’t necessarily know the electricity aspect. Additionally, the equipment has to be specially designed to work in the power zone. Mr. Robinson stated that, during his prior experience in Massachusetts, the electric department had its own forestry crew and they found that it was basically a tradeoff. He noted that one of the benefits for the City of Dover is being able to continue with a firm that knows the City very well, and that the City knows very well. Mr. Robinson advised that the City may want to consider other alternatives if it did not have that type of situation. Mr. Polce stated that he would not encourage the City to spend money on a cost-benefit analysis if it was not readily available. He noted that they were not talking about a large sum of money; however, since there are already two (2) arborists on staff, he wondered how much more it would cost for the additional work. Staff recommended awarding a contract to Asplundh Tree Expert LLC as per the proposal submitted in response to RFP #19-001EL. Mr. Hare moved to recommend approval of staff’s recommendation. The motion was seconded by Mr. Lindell and unanimously carried. Mr. Neil moved for adjournment of the Utility Committee meeting. The motion was seconded by Mr. Hare and unanimously carried. Meeting adjourned at 6:48 p.m. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Hare presiding.

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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 15, 2019 PAGE 5 AGENDA ADDITIONS/DELETIONS By unanimous consent, the agenda was approved. Report of Independent Public Accountants for the Fiscal Year Ending June 30, 2018 Mr. Remi Omisore, CliftonLarsonAllen LLP (CLA), reviewed a presentation entitled “City of Dover, Delaware Audit Results Year Ended June 30, 2018” (Attachment #1). Staff recommended acceptance of the report. Mr. Sudler noted that Mr. Omisore stated that no one had received any additional information from other auditors and that the City was very cooperative and professional. He asked if this was normal or if these types of situations happen quite often. Responding, Mr. Omisore advised that it does not happen quite often, which is why it is a required disclosure. He explained that he would have to disclose if anyone put any undue pressure on the auditors, so Council could perform any follow up and determine the course of action. In response to Mr. Polce, Mr. Omisore stated that CLA worked with approximately 2,000 other municipalities or jurisdictions across the country. He noted that CLA is a top 10 firm in the U.S., and the only firm in the top 10 that does not specialize in any SEC clients. Mr. Omisore stated that CLA’s only clients are governments, not for profits, and some privately held businesses, noting that CLA has more government clients than any other firm in the country. Mr. Polce expressed concern with the City’s capital asset sheet, explaining that he thought that the City was probably a bit over leveraged. He indicated that the City is continuing to look at its depreciative assets and what they are truly valued at, and are continuing to probably lose its financial footing. Mr. Polce asked if a majority of the municipalities or local jurisdictions CLA is working with are in similar situations. Responding, Mr. Omisore stated that it is a major concern, and it is difficult to summarize everything in one (1) key line item. He advised that the pressures of maintaining capital assets going through infrastructure is one of the main concerns, as well as finding applicable revenue streams for funding. He stated that, as Mr. Polce noted, the leverage model is to borrow today and pay for it tomorrow; however, he indicated that it would eventually need to be reconciled and is a heavy concern. Mr. Omisore stated that the Government Finance Officers Association (GFOA) published a study two (2) or three (3) years ago regarding what this problem and the appropriate source of funding it. He stated that he would send the study to Ms. Lori Peddicord, Controller/Treasurer, for distribution to members. Mr. Anderson moved to recommend acceptance of the report, as recommended by staff. The motion was seconded by Mr. Neil and unanimously carried. Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ending June 30, 2018 Ms. Lori Peddicord, Controller/Treasurer, reviewed a presentation entitled “City of Dover Comprehensive Annual Financial Report Fiscal Year Ended June 30, 2018” (Attachment #2). Staff recommended acceptance of the Comprehensive Annual Financial Report (CAFR) for the Fiscal Year Ending June 30, 2018.

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COUNCIL COMMITTEE OF THE WHOLE MEETING OF JANUARY 15, 2019 PAGE 6 Mr. Sudler moved to recommend approval of staff’s recommendation, seconded by Mr. Anderson and unanimously carried. Proposed Ordinance #2019-02 - Amending Chapter 70 - Offenses and Miscellaneous Provisions, Section 70-7 - Registered Sexual Offenders Mr. Hare explained that Proposed Ordinance #2019-02 would amend Chapter 70 - Offenses and Miscellaneous Provisions, Section 70-7 - Registered Sexual Offenders, to comply with recently adopted State legislation. Staff recommended adoption of the Ordinance. Mr. Neil expressed concern with lines 64 and 65 of the Proposed Ordinance, which state that it “is unlawful for a sexual offender to wear costumes for the primary purpose of entertaining, attracting or encouraging interaction with children.” He questioned whether it would be unconstitutional to ban convicted sex offenders from wearing any costume at any time, noting that he could imagine a defense attorney using intent as a means to exonerate the individual. In response, Mr. Hare explained that the Ordinance did not propose any amendments to lines 64 or 65. He indicated that Mrs. Traci McDowell, City Clerk, could research the State Code, explaining that he was hesitant to make any changes that were not in line with the State. Mr. Polce moved to recommend adoption of Ordinance #2019-02, as recommended by staff. The motion was seconded by Mr. Cole and unanimously carried. Mr. Neil moved for adjournment of the Legislative, Finance, and Administration Committee meeting. The motion was seconded by Mr. Shevock and unanimously carried. Meeting adjourned at 7:26 p.m. Mr. Sudler moved for adjournment of the Council Committee of the Whole meeting. The motion was seconded by Mr. Neil and unanimously carried. Meeting adjourned at 7:26 p.m. William F. Hare Acting Chair WFH/TM/dd/jt S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Committee-Minutes\2019\01-15-2019 CCW Minutes.wpd Attachments Attachment #1 - Presentation entitled “City of Dover, Delaware Audit Results Year Ended June 30, 2018” Attachment #2 - Presentation entitled “City of Dover Comprehensive Annual Financial Report Fiscal Year Ended June 30, 2018”

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ATTACHMENT #1 ©2019 CliftonLarsonAllen LLP City of Dover, Delaware Council Committee of the Whole Meeting of 01/15/2019 Audit Results Year Ended June 30, 2018 WEALTH ADVISORY | OUTSOURCING | AUDIT, TAX, AND CONSULTING Investment advisory services are offered through CliftonLarsonAllen Wealth Advisors, LLC, an SEC-registered investment advisor

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©2019 CliftonLarsonAllen LLP Agenda Scope and Responsibilities in a Financial Statement Audit Required Communications Accounting Estimates and Assumptions Financial Statement Summary GASB Update/Emerging Issues Questions Create Opportunities 2

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©2019 CliftonLarsonAllen LLP Scope and Responsibilities • Audit of the financial statements, Comprehensive Annual Financial Statement (CAFR) • Report on internal controls over financial reporting and compliance • Communications to those charged with governance on key components of the audit PHASE 4 PHASE 1 PHASE 2 PHASE 3 Reporting Planning Systems Testing & & Follow- & Strategy Evaluation Analysis Up Create Opportunities 3

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©2019 CliftonLarsonAllen LLP Auditors Required Communications • We have performed an audit of the financial statements in accordance with Generally Accepted Auditing Standards (GAAS) . • Purpose of an audit is to: – Obtain reasonable (not absolute) assurance about whether the financial Accounting Principles statements are free from material misstatement – Assess accounting principles used and significant estimates made by Other Auditors Accounting Estimates management Required – Evaluate the overall financial statement presentation Communications • Unmodified Opinion Audit Key Difficulties Disclosures • Significant Accounting Polices – City’s significant accounting policies are described in Note 2 to the Audit Adjustments financial statements and are in accordance with generally accepted accounting principles and consistent with industry practices and standards Create Opportunities 4

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©2019 CliftonLarsonAllen LLP Auditors Required Communication • Significant Disclosures – Deposits and Investments (Page 70-75) – Capitals Assets (Page 75-77) – Long Term Liabilities (page 78-82/90-99/100-118) – Fund Balance (Page 83) • Significant Management Judgments & Estimates – Allowance for uncollectible receivables – Useful lives of capital assets – Incurred but not reported claims – Pension and other post-employment benefits (OPEB) liabilities Create Opportunities 5

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©2019 CliftonLarsonAllen LLP Auditors Required Communication • Significant corrected or uncorrected misstatements included in governance communication • No disagreements with management • Management was very cooperative and professional during the audit process • Management did not consult with other accountants on the application of GAAP or GASB • No major issues were discussed with management prior to us being selected as the auditors Create Opportunities 6

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©2019 CliftonLarsonAllen LLP Key Assumptions Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were: ESTIMATE INPUT CURRENT RATE 1% DECREASE CURRENT 1% INCREASE Police Pension Liability Discount Rate 6.5% $6,775,556 $4,897,467 $3,297,647 General Employee Pension Liability Discount Rate 6.5% $27,391,639 $19,856,962 $13,587,496 OPEB Liability Discount Rate 6.5% $40,823,264 $31,759,477 $24,370,995 OPEB Liability Healthcare trend rate 8.50% $23,453,178 $31,759,477 $42,032,238 Create Opportunities 7

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©2019 CliftonLarsonAllen LLP Summary of Net Changes Fiduciary Funds Government Wide $12.1 million $9.7 million Government Business Type Activities Activities $6.9 million $5.2 million General Fund Non-major Funds Water/Wastewater Electric $1.8 million $.7 million $3.7 million $1.5 million Create Opportunities 8

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©2019 CliftonLarsonAllen LLP State and Local Government Industry Create Opportunities 9

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©2019 CliftonLarsonAllen LLP Governmental Accounting Standards Board Update Effective Dates • 2018 • Statement 75—Other postemployment benefits (OPEB) plan reporting-employers • Statement 80—Blending Requirements for Certain Component Units • Statement 81—Irrevocable Split-Interest Agreements • Statement 82—Pension Issues • Statement 85—Omnibus 2017 • Statement 86—Certain Debt Extinguishment Issues • 2019 • Statement 83—Asset Retirement Obligations • 2020 • Statement 84—Fiduciary Activities • Statement 88—Certain Disclosures Related to Debt, including Direct Borrowings and Direct Placements • Statement 90—Majority Equity Interests • 2021 • Statement 87—Leases • Statement 89—Accounting for Interest Cost Incurred before the End of a Construction Period Create Opportunities 10

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©2019 CliftonLarsonAllen LLP QUESTIONS? Create Opportunities 11

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©2019 CliftonLarsonAllen LLP CLAconnect.com Remi Omisore, CPA, MBA, CISA Principal Remi.Omisore.@CLAConnect.com (410)308-8157

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ATTACHMENT #2 Council Committee of the Whole Meeting of 01/15/2019 CITY OF DOVER Comprehensive Annual Financial Report Fiscal Year Ended June 30, 2018

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2 FY 2018 Financial Highlights The Government-wide change in Net position is inclusive of Pension & OPEB expense, actuarial adjustments, cost vs. market differences on investments and depreciation. Governmental Business Type Activities Activities Total Changes in Net Position $ 6,876,666 $ 5,229,691 $ 12,106,357 Net Position Beginning 10,552,059 176,041,558 186,593,617 Net Position Ending $ 17,428,725 $ 181,271,249 $ 198,699,974 The most significant activities that affected the changes in Net Position were: • A positive change in Net Position, in the amount of $6.9 million, for governmental activities due to an increase in revenue from charges for services, operating grants and contributions, property taxes and transfer taxes. • The positive change in Net Position, in the amount of $5.2 million, for business-type activities was attributable in part to increases in water, sewer, groundwater inflow adjustment and sewer treatment fees; and increases in usage, rent revenue and miscellaneous revenues.

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3 Capital Assets Capital Asset Summary information Water/Wastewater General Fund Fund Electric Fund Total Asset Beginning Balance $ 104,321,409 $ 94,820,249 $ 190,035,743 $ 389,177,401 New Assets 2,642,786 4,165,017 7,089,826 13,897,629 Disposed Assets (1,254,942) (2,005,972) (2,674,142) (5,935,056) Asset Ending Balance 105,709,253 (46,592,334) 96,979,294 194,451,427 397,139,974 Net Accumulated Depreciation (46,592,334) (37,763,788) (114,178,454) (198,534,576) Net Capital Assets $ 59,116,919 $ 59,215,506 $ 80,272,973 $ 198,605,398 Current Year Depreciation $ 3,496,182 $ 2,359,886 $ 4,772,651 $ 10,628,719 Major Assets added this fiscal year: • General Fund • Vehicles and related equipment totaling $0.3 million • Broadcast and production equipment for Council Chambers; and computer and facility equipment totaling $0.2 million • Various projects including Silver Lake dam improvements and street/paving/curb work in the amount of $2 million • Water/Wastewater Fund • Infrastructure and facility equipment in the amount of $0.1 million • Various projects including multiple pump station upgrades/replacements and water main replacements totaling $4 million • Electric Fund • Various projects including improvements to Town Point, Blue Hen Apts., Clearview in the amount of $4 million • VanSant Unit Upgrades $1.8 million • ERP system $1 million • Vehicles and equipment totaling $0.1 million

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4 Long-Term Debt Long-Term Debt is inclusive of Compensated absences, Bonds, OPEB Obligation and Net Pension Liability. Water/Wastewater General Fund Fund Electric Fund Total LT Debt Beginning Balance $ 57,693,393 $ 19,288,238 $ 31,783,052 $ 108,764,683 New Debt 1,562,248 125,586 273,088 1,960,922 Reduction of Debt (10,133,630) (2,095,365) (3,047,956) (15,276,951) LT Debt Ending Balance $ 49,122,011 $ 17,318,459 $ 29,008,184 $ 95,448,654 • General Fund change in long-term debt is due to: • $1.6 million increase, offset to zero by $1.6 million decrease, in compensated absences • $6.0 million decrease in Net OPEB Liability and $2.2 million decrease in Net Pension Liability No new • Scheduled decrease for principal payments bonds • Water/Wastewater Fund change in long-term debt is due to: were • $51,321 net increase to compensated absences issued • $1.0 million decrease for Net OPEB Liability and $0.2 million decrease or Net Pension Liability • Scheduled decrease for principal payments in FY • Electric Fund change in long-term debt is due to: 2018 • $85,163 net decrease in compensated absences • $1.6 million decrease for Net OPEB Liability and $0.4 million decrease for Net Pension Liability • Scheduled decrease for principal payments

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5 Governmental Statement of Revenues, Expenses and Transfers Total net change across all funds: Water/Wastewater General Fund Fund Electric Fund Total Revenues $ 24,826,447 $ 16,567,498 $ 84,888,495 $ 126,282,440 Expenses (37,199,544) (11,940,527) (73,385,775) (122,525,846) Net Transfers- Operating 14,220,407 (900,000) (10,000,000) 3,320,407 Net changes $ 1,847,310 $ 3,726,971 $ 1,502,720 $ 7,077,001 $613,090 General Fund Revenues General Fund Expenses $1,710,100 $619,000 $117,178 $150,000 $803,924 $274,930 $2,063,000 $1,680,176 $499,289 $302,258 $3,786,167 $762,860 $3,133,360 $263,930 $14,220,407 $4,637,145 $1,630,153 $821,613 $1,681,536 $20,743,903 $87,063 $13,103,164 $1,496,520 $584,822 Fines Library Revenue - General General Government Library services Library Revenue County Reimb. Licenses and Permits Public Safety Public Works Sanitation Fees and Rebates Miscellaneous Services Recreational Services Street/Sanitation Services Property Taxes Grants Received Engineering Services Financial Administration Garage and Stores Insurance Court of Chancery Fees Investment Income Retiree Health Care Employee Pension Approp Transfers Community & Economic Street Lights

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6 Business-type Statement of Revenues, Expenses and Transfers Electric Fund Revenues Electric Fund Expenses Distribution to Customers $6,337,115 Transfers Out $10,000,000 Interest Earned Interest & Fiscal Charges $848,204 $1,004,738 Retiree Healthcare $1,820,300 Depreciation $4,772,651 Utility Tax $1,255,094 Systems Operations $542,032 Mi s cellaneous Servi ces/Income, Metering $204,400 $1,131,942 Engineering $1,034,690 Cha rges for Transmission & Distr. $2,559,819 Servi ces, $82,749,450 Power Supply $47,221,198 General Administrative $5,957,816 Charges for Services Miscellaneous Services/Income Interest Earned $- $20,000,000 $40,000,000 $60,000,000 Water/Wastewater Fund Revenues Water/Wastewater Fund Expenses Interest Earned Transfers Out $900,000 Opera ting, $248,305 Interest & Fiscal Charges $322,027 Retirees Healthcare $242,200 Mi s cellaneous Servi ces/Income, Depreciation $2,359,886 $2,501,095 Cha rges for General Administrative $1,904,684 Servi ces, $13,810,690 Water/Wastewater Services $6,899,943 Charges for Services Miscellaneous Services/Income Interest Earned Operating $- $2,000,000 $4,000,000 $6,000,000 $8,000,000

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7 Original vs. Final Budgets – Major Operating Funds General Fund All Funds Original Budget Final Budget • Beginning Fund Balance adjusted to audited balance Revenues $ 42,931,000 $ 42,974,800 Expenditures/Expenses (42,861,000) (43,975,000) • Revenues adjusted to actual/trending amounts Net Change $ 70,000 $ (1,000,200) • Expenses adjusted for unanticipated expenses/project Beginning Fund Balance 4,597,100 6,072,200 carryforwards Ending Fund Balance $ 4,667,100 $ 5,072,000 General Fund • Fines & Police revenue increased $3,800 Water Fund • Transfer revenue from Police Grant funds increased $40,000 Original Budget Final Budget • With the exception of a $367.5K decrease in Other Revenues $ 6,573,200 $ 6,573,200 Employment expenses, increases and decreases to all other Expenses (6,328,500) (6,404,300) expense categories were comparatively minimal Net Change $ 244,700 $ 168,900 Beginning Fund Balance 1,330,900 1,680,500 Water & Wastewater Fund Ending Fund Balance $ 1,575,600 $ 1,849,400 • There were no revisions to revenue estimates • With the exception of a $144,800 increase to Appropriation to Wastewater Fund Pension Fund expense, increases and decreases to all other Original Budget Final Budget expenses were comparatively minimal Revenues $ 8,865,800 $ 8,865,800 Electric Fund Expenses (8,789,900) (8,858,900) • There were no revisions to revenue estimates Net Change $ 75,900 $ 6,900 Beginning Fund Balance 1,166,800 1,399,700 • With the exception of the below itemized expenses, increases Ending Fund Balance $ 1,242,700 $ 1,406,600 to all other expenses were comparatively minimal: • Hedged energy expense decreased by $250,000 • Transmission/Distribution expense increased by $90,700 Electric Fund Original Budget Final Budget • Contractual Services – Power Supply expense increased Revenues $ 75,697,500 $ 75,697,500 by $150,000 Expenses (86,183,600) (86,418,100) • Legal Expenses increased by $100,000 Net Change $ (10,486,100) $ (10,720,600) • Pension Trust Contribution increased by $234,500 Beginning Fund Balance 20,290,200 22,252,500 • Other Employment expenses decreased by $105,200 Ending Fund Balance $ 9,804,100 $ 11,531,900

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8 General Fund Budget General Fund General Fund Final Budget Actual Revenues $ 42,974,800 $ 44,141,619 Expenditures/Expenses (43,975,000) (41,974,390) Net Change $ (1,000,200) $ 2,167,229 General Beginning Fund Balance 6,072,200 6,072,201 Fund fund Ending Fund Balance $ 5,072,000 $ 8,239,430 balance • The General Fund is the primary operating fund and the largest source of day- to-day service delivery. increased • The budget balance in the fund was $8,239,430 and constitutes 18.6% of 2018 by general fund revenues. $2,167,229 • The overage will be allocated to unfunded retirement liabilities and/or capital infrastructure projects or as otherwise designated. to an Significant, favorable variances are as follows: ending Increase over budgeted revenues included: • $813,843 Transfer Tax balance of • $299,258 Permits & Other Licenses $8,239,430 • $146,250 Court of Chancery fees • $63,978 Interest Earnings • $52,960 Sanitation fees • $39,498 Property Taxes Decrease from budgeted expenses included: • $630,019 Police expense • $211,152 Streets expense • $156,063 Sanitation expense • $133,004 Public Inspections expense

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9 Governmental Governmental Capital Projects Fund Capital Projects Fleet Maintenance Fund Facilities Management Information Technology Ending fund balance was favorable by Sanitation $893,501. This entire Streets amount, all will be Recreation carried forward to Public Services - Administration the next fiscal year. Procurement and Inventory Projects that will be carried forward include: Police • Old PW2 Site Life Safety Improvements Library • Dover Park Master Grounds Maintenance Plan Fire • Police Roof Repair & City Clerk Impound Lot • Schutte Park Land $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 Improvements Actual Budget • FY18 Street & Alley Program

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10 Proprietary Funds – Water/Wastewater Budget Water Fund Wastewater Fund Wastewater Fund Final Budget Water Fund Actual Final Budget Actual Revenues $ 6,573,200 $ 7,080,500 $ 8,865,800 $ 9,237,461 Expenses (6,404,300) (6,848,127) (8,858,900) (9,584,130) Net Change $ 168,900 $ 232,373 $ 6,900 $ (346,669) Beginning Fund Balance 1,680,500 1,680,473 1,399,700 1,399,659 Ending Fund Balance $ 1,849,400 $ 1,912,846 $ 1,406,600 $ 1,052,990 Fund balance for the Water Utility at the end of the year was $1,912,846 which was a Water Fund favorable variance of $63,446: balance • Water Impact Fees revenue was over budget by $838,673 • Water department expenses came in under budget by $122,747 increased by Offset by: $232,373 • Water Fees revenue was under budget by $330,126 • Transfer to Water Impact Fee Reserve in the amount of $706,720 Fund balance for the Wastewater Utility at the end of the year was $1,052,990 which was an unfavorable variance of $353,610: • Sewer Impact Fees were over budget by $753,684 Wastewater Offset by: • Wastewater, Groundwater adjustment & Wastewater Treatment fees were Fund under budget by $394,383 balance • Kent County Treatment Fee expense was over budget by $59,433 decreased • Transfer to Wastewater Impact Fee Reserve in the amount of $770,094 by $346,669

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11 Proprietary Funds – Water/Wastewater I & E Fund • Ending fund balance was favorable by $4,457,879. Of this amount, $3,551,900 for incomplete projects, will be carried forward to the next fiscal year. Water/Wastewater Capital Outlay • Some of the projects that will be carried forward $2,483,400 $3,000,000 include: $2,624,300 • Puncheon Run Pump Station Improvements $2,500,000 • Wesley College Inflow & Infiltration $2,000,000 • Rodney Village Inflow & Infiltration $1,652,000 $1,507,198 $1,500,000 • N State St Water Main Replacement • WTP Process Improvements $1,000,000 $795,947 • There continues to be large budget balances due to $500,000 delay of projects and various other issues like: $15,113 • Land acquisition $- Water Wastewater Water Treatment • Bid prices over budget – going out to re-bid Plant • Awaiting final invoices on completed projects Budget Actual • Awaiting delivery of materials • Project Engineering & Design not ready • Emergency repairs taking precedence

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12 Proprietary Funds – Electric Fund Budget Electric Fund Electric Fund Final Budget Actual Revenues $ 75,697,500 $ 77,410,949 Expenses (86,418,100) (83,638,145) Net Change $ (10,720,600) $ (6,227,196) Beginning Fund Balance 22,252,500 22,252,513 Ending Fund Balance $ 11,531,900 $ 16,025,317 The Electric Fund balance for the Electric Utility at the end of the year was $16,025,317 which was a favorable variance of $4,493,417 primarily due to the following favorable Fund fund variances: balance has • Direct Base sales $1,838,356 a favorable • Power Supply and Generation $1,896,472 • Administration $260,041 - attributable mainly to vacancies within the variance of department and lower costs for city building maintenance supplies $4,493,417 • Electrical Engineering $158,962 – attributable mainly to vacancies within the department and lower environmental expenses and materials and supplies expense • Transmission/Distribution attributable to vacancies within the department $283,635 • Reduced Interfund Service Fees $120,525 Offset by unfavorable variances as follows: • Distribution of Earnings – PCA Credit $160,415

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13 Proprietary Funds – Electric I & E Fund • Electric I & E Budgeted Fund balance has increased by $2,129,000. This is due to an increase in beginning fund Electric Capital Outlay balance for projects that were not $2,816,600 $3,000,000 completed in the prior year and were re- $2,441,700 budgeted in current year and $2,500,000 $2,150,352 subsequently are still in CIP as follows: $2,000,000 $1,597,800 $1,612,800 • Purchase of ERP System $1,500,000 $956,760 $932,631 $1,000,000 $655,508 $8,500 $36,000 • The ending fund balance was favorable $500,000 $35,986 $- by $3,791,789. Some of the projects in $- this fund have not been completed and the balances, in the amount of $1,818,100, are being carried forward to the next fiscal year. Some of the larger projects are as follows: • Substation Relay Upgrade Budget Actual • McKee Run Plant Alternate Power

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14 Worker’s Compensation and Grants Summary Revenue, Expense and Net Change of Worker’s compensation and Grants Worker’s Worker's Compensation Compensation Grants Fund balance Revenues $ 858,105 $ 5,154,735 Expenses (574,583) (1,176,297) increased by Transfers out - (3,320,407) $283,522 Net Change $ 283,522 $ 658,031 Beginning Fund Balance 1,259,284 302,488 Ending Fund Balance $ 1,542,806 $ 960,519 Workers Compensation • Claims payable decreased by $253,629 from prior year • Claims paid decreased by $189,760 from prior year Grants Grants ending fund • Includes Police, Library, Municipal Street Aid, CDBG Housing & Neighborhood balances Stabilization Program, State DOT, Substance Abuse Prevention, Electronic Red-Light Safety Program (ERLSP) & Realty Transfer grants increased by • Grants revenue increased $1,198,882 from prior year in all of the Grant funds $658,031 except the following: • Police • Municipal Street Aid

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CITY OF DOVER City Council Meeting Jan 28, 2019 FISCAL YEAR JULY 1, 2018 TO JUNE 30, 2019 1 of 2 QUARTERLY REVENUE REPORT As of December 31, 2018 50.0% FY19 YTD % BUDGET FY17 FY18 GENERAL FUND BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES 1 Property Taxes $ 12,822,100 $ 12,860,400 100.3% $ 12,524,200 $ 12,714,400 2 Payment In Lieu of Taxes 452,300 475,500 105.1% $428,700 from the Office of the Secretary 371,400 350,700 3 Transfer from Electric Fund 10,000,000 5,000,000 50.0% 10,000,000 10,000,000 4 Intrafund Service Receipts Electric 3,875,500 1,611,100 41.6% 3,425,000 3,539,600 5 Transfer from Transfer Tax Fund 1,459,300 742,000 50.8% 1,633,600 2,023,100 6 Business Licenses 1,470,000 1,414,600 96.2% 1,462,400 1,473,300 7 Intrafund Service Receipts Water/Wastewater 1,764,600 776,000 44.0% 1,583,000 1,672,900 8 Sanitation Fees 3,095,400 1,532,000 49.5% 2,514,600 3,133,400 9 Permits & Other Licenses 1,969,000 585,100 29.7% 2,069,700 2,255,300 10 Transfer from Municipal Street Aid Fund 665,300 402,800 60.5% 673,400 666,100 11 Fines & Police Revenue 751,600 289,000 38.5% 679,100 613,100 12 Police Extra Duty Fees 510,000 167,300 32.8% 497,200 517,800 13 Transfer from Police Grant Funds 90,000 13,600 15.1% 239,800 123,100 14 Court of Chancery Fees 1,439,500 624,600 43.4% December fees not yet received 1,343,000 1,496,500 15 Transfer from Water/Wastewater Fund 1,000,000 500,000 50.0% 875,000 900,000 16 Transfer from Civil Traffic Penalties Fund 497,000 218,100 43.9% December ERLSP not yet received 463,600 508,000 17 Library Revenues & County Reciprocal Pymt 400,000 197,300 49.3% 380,500 392,100 18 Franchise Fees 685,600 162,000 23.6% Q2 franchise fees not yet received 690,800 656,300 19 General Fund Grant Receipts 589,500 253,300 43.0% 556,000 584,800 20 Recreation Revenue 150,000 80,100 53.4% 169,000 137,900 21 Other Miscellaneous Receipts 154,900 101,600 65.6% 212,900 181,200 22 Interest Income 137,900 46,800 33.9% 154,500 202,000 TOTALS $ 43,979,500 $ 28,053,200 63.8% $ 42,518,700 $ 44,141,600 Final Budget $ 42,304,100 $ 42,974,800

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CITY OF DOVER City Council Meeting Jan 28, 2019 FISCAL YEAR JULY 1, 2018 TO JUNE 30, 2019 2 of 2 QUARTERLY REVENUE REPORT As of December 31, 2018 50.0% FY19 YTD % BUDGET FY17 FY18 WATER/WASTEWATER FUND BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES 1 Water Fees $ 5,897,400 $ 2,994,500 50.8% $ 5,776,100 $ 5,584,500 2 Wastewater Fees 3,620,600 1,928,300 53.3% 3,718,700 3,612,200 3 Wastewater Adjustment Fees - County Trtmt 2,819,300 1,511,500 53.6% 2,912,700 2,813,900 4 Groundwater Inflow Adjustment 1,813,100 967,600 53.4% 1,863,200 1,800,200 5 Water Impact Fees 450,000 417,200 92.7% 672,100 1,069,700 6 Wastewater Impact Fees 420,000 383,500 91.3% 611,800 962,700 7 Water Tank Space Leasing 400,600 173,500 43.3% Timing of rent payments 376,200 390,600 8 Interest Income 15,200 22,100 145.4% 15,700 38,600 9 Other Miscellaneous Revenues 54,400 10,900 20.0% 86,100 45,500 TOTALS $ 15,490,600 $ 8,409,100 54.3% $ 16,032,600 $ 16,317,900 Final Budget $ 15,467,200 $ 15,439,000 50.0% FY19 YTD % BUDGET FY17 FY18 ELECTRIC REVENUE FUND BUDGET REVENUES RECEIVED COMMENTS REVENUES REVENUES 1 Sales to Customers $ 81,192,600 $ 43,168,200 53.2% $ 80,624,300 $ 81,494,300 2 Distribution of Earnings (2,877,400) (1,531,000) 53.2% (1,845,900) (6,337,100) 3 Utility Tax 1,299,100 676,300 52.1% 1,322,000 1,255,100 4 Miscellaneous Revenue 756,200 458,600 60.6% 921,900 780,000 5 Interest Income 195,000 95,200 48.8% 218,000 218,700 TOTALS $ 80,565,500 $ 42,867,300 53.2% $ 81,240,300 $ 77,411,000 Final Budget $ 79,428,600 $ 75,697,500

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DEPARTMENT OF POLICE Marvin C. Mailey 400 South Queen Street Chief of Police Dover, Delaware 19904 302-736-7111 Fax: 302-672-1842 January 28, 2019 Ms. Traci McDowell City Clerk Dover City Hall P.O. Box 475 Dover, DE 19903 Dear Ms. McDowell: The Police Pension Plan Retirement Committee Board term of Retired Sergeant Steve Rogers will expire on January 31, 2019. Pursuant to Section 18-47 of the pension plan, a request for nominations was posted with an announcement of election to fill the vacancy on December 18, 2018. One nomination was received, therefore, no election will be held I hereby nominate Retired Sergeant Steve Rogers to serve a three-year term on the Pension Board, commencing February 1, 2019 and ending January 31, 2022, subject to confirmation of a voting majority of City Council. If you need additional information, please call me at (302) 736-7100. Sincerely, Marvin C. Mailey Chief of Police

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FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2019-02 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Chapter 70 - Offenses and Miscellaneous Provisions, Section 70-7 - Registered Sexual Offenders of 4 the Dover Code be amended by deleting the text indicated in red strikeout and inserting the bold, blue text, 5 as follows: 6 Sec. 70-7. - Registered sexual offenders. 7 (a) Registration required. Sex offenders, as defined under the provisions of 11 Del. C., c. 41, § 8 4120A, shall register their places of residence and employment as required under the 9 provisions of 11 Del. C., c. 41, § 4120. 10 (b) Prohibition on residency and employments. 11 (1) Sex offenders assigned as Risk Assessment Tier II or Tier III under the provisions of 11 12 Del. C., c. 41, § 4120, shall be prohibited from residence or employment within 500 feet 13 of a day care center as defined in Appendix B-Zoning, Article 12-Definitions, of the 14 Dover Code. 15 (2) Any sex offender assigned as Risk Assessment Tier II or Tier III who maintained a 16 residence or was employed within 500 feet of a day care center on April 9, 2012, the date 17 of adoption of this section, shall be permitted to maintain that residence or employment. 18 Any subsequent change of residence or employment would be subject to the prohibitions 19 of section (b)(1). 20 (3) Any sex offender who is under 18 years of age and resides with a parent or legal guardian 21 shall be exempt from the provision of subsection (b)(1) of this section. 22 (c) Prohibition on rentals and leaseholds. 23 (1) It is unlawful for a property owner to knowingly and intentionally with actual knowledge 24 and after being made aware the person is a sexual offender let or rent any place, structure, 25 or part thereof, to a sexual offender, with the knowledge that it will be used as a 26 permanent or temporary residence, if such place, structure or part thereof, is located 27 within 500 feet of any day care center. In any prosecution for a violation of this section 28 it must be shown: 29 a. That the property owner knowingly and intentionally with actual knowledge and 30 after being made aware the person is a sexual offender let or rented the premises 31 to a person who was a registered sexual offender; and 32 b. The property owner had actual knowledge that the place, structure, or part thereof 33 would be used by the registered sexual offender as a permanent or temporary 34 residence of property located within the residential zoning classification.

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Proposed Ordinance #2019-02 - Chapter 70, Section 70-7 Page 2 35 Nothing herein shall be deemed to require the property owner to make any independent 36 determination whether the person is a sexual offender. 37 (2) Exclusions. A sexual offender abiding, lodging, or residing in a permanent or temporary 38 residence within 500 feet of any day care center does not commit a violation of this 39 section provided the sexual offender is in full compliance with probation, parole, or 40 conditional release, and does not commit another sexual offense, and is in compliance 41 with the residency restrictions, if any of the following: 42 a. The sexual offender was a minor when committing the offense causing the 43 designation as a sexual offender and was not sentenced as an adult for that 44 offense. 45 b. The sexual offender is under the age of 18. 46 c. The day care center was opened or established after the sexual offender 47 established the permanent residence; and the residence was reported and 48 registered. 49 It is not the intent of this article to impair valid, existing and bona fide contract rights, 50 provided however that the provisions of this article shall apply upon final termination. 51 Extensions or renewals of any leasehold relationship is prohibited. When a person who 52 is the subject of this article changes residences, this article shall fully apply to such 53 persons. 54 (d) Measurement of distance. For purposes of measuring separation of a residence from a day care 55 center, all distances shall be measured from the entrances and exits of the residence or place 56 of employment running in a direct line to the outermost entrances and exits of the day care 57 center. 58 (e b) Prohibited activities for sexual offenders. 59 (1) It is unlawful for any sexual offender to participate in a holiday event or practice 60 involving children under 18 years of age, such as distributing candy or other items to 61 children on Valentine's Day, Halloween, Christmas, or any other holiday or event. 62 Participation is to be defined as attendance at, or taking part of, or cooperation with an 63 event. 64 (2) It is unlawful for any sexual offender to wear costumes for the primary purpose of 65 entertaining, attracting, or encouraging interaction with children. 66 (3) Any person designated a sexual offender shall be required on October thirty-first of each 67 year or any other day upon which Halloween is celebrated to: 68 a. Avoid all Halloween related contact with children; 69 b. Post a sign at his/her residence stating, "No candy or treats at this residence." Such 70 signs shall be in letters at least two inches high and shall be legible from the street 71 or road adjacent to the residence;

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Proposed Ordinance #2019-02 - Chapter 70, Section 70-7 Page 3 72 c. Except for lighting provided on a year round basis by a sexual offender or the owner 73 or manager of a multi-family residential unit for the purpose of security or walkway 74 or hallway illumination, all outside residential lighting shall be off during the evening 75 hours after 5:00 p.m., and no exterior holiday decorations shall be exhibited on the 76 sexual offender's residence or on the property upon which the residence is located. 77 (4) Holiday events or practices in which the sexual offender is the parent or guardian of the 78 child or children involved, and where no non-familial children are present, are exempt 79 from this section. 80 (f) Penalties. Any person who violates this section shall be fined in accordance with Appendix 81 F-Fees and Fines, section 70-7. Every day that a violation occurs shall constitute a separate 82 offense. 83 (Ord. No. 2012-08, 4-9-2012; Ord. No. 2013-08, 7-8-2013) 84 ADOPTED: * 85 S:\ORDINANCES\2019\DRAFT\ORDINANCE #2019-02-CHPT 70-OFFENSES AND MISCELLANEOUS PROVISIONS\Ordinance #2019-02-Chpt 70-Offenses, Sec. 70-7-Registered sexual offenders-First 86 Reading.wpd 87 SYNOPSIS 88 The amendment will bring the Dover Code into compliance with recently adopted State legislation. 89 (SPONSORS: HARE AND MCDOWELL) 90 Actions History 91 01/28/2019 - Scheduled for First Reading - City Council 92 01/14/2019 - Introduction - Council Committee of the Whole/Legislative, Finance, and Administration Committee

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PROPOSED AMENDMENT TO THE 2008 COMPREHENSIVE PLAN First Reading before the Dover City Council January 28, 2019 Proposed Amendment to the 2008 Comprehensive Plan: A. Review of an Amendment to the 2008 Comprehensive Plan, as amended. The Amendment is for Consideration of Amendment to Map 12-1: Land Development Plan Map. The Request for a 22.967-acre parcel located on the north side of Commerce Way is to revise the Land Use Classification from Residential High Density to Industrial and Public Utilities. The area to be revised consists of 13.967 acres as the remaining area of 9.00 acres currently has the Land Use Classification of Industrial and Public Utilities. The property owner is H&M Properties, LLC c/o Jack Melvin. Property Address: 22.967 Acres on Commerce Way. Tax Parcel: ED-05- 076.10-02-07.03-000. This is associated with Rezoning Application Z-19-01. Ordinance Number: #2019-04 File Number: MI-19-02

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City of Dover Department of Planning & Inspections Comprehensive Plan Amendment 2019 Current Designation Proposed Designation St St gt S Farmview Dr gt on S Farmview Dr on Be nn i n Be nn i n odm ill Dr odm ill Dr Wo Wo Industrial Industrial Site Site Residential High Density Com me rce Wa y Com merce W a y d d lin R l in R Mi ff Mi ff W North St W North St Legend « Plan Title: Lands of H & M Properties LLC Location: Northwest side of Commerce Way north of North Street Dover Boundary DoverAFB Residential High Density Plan Type: Comprehensive Plan Amendment Dover Parcels Industrial and Public Utilities Residential Low Density Tax Parcel: ED-05-076.10-02-07.03-000 Current Land Use: Residential High Density and Industrial Land Use Classifications Institutional Residential Medium Density Proposed Land Use: Industrial Active Agriculture Mixed Use Train Track Owners: H & M Properties LLC Date: 12/28/2018 Commercial Office Water 0 175 350 700 Feet Open Space, Conservation, Recreation

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FIRST READING City of Dover CITY OF DOVER PROPOSED ORDINANCE #2019-04 1 AN ORDINANCE AMENDING THE CITY OF DOVER 2008 COMPREHENSIVE PLAN, AS 2 AMENDED, BY AMENDING LAND DEVELOPMENT MAP 12-1 BY CHANGING THE LAND 3 USE CLASSIFICATION FROM RESIDENTIAL HIGH DENSITY TO INDUSTRIAL AND PUBLIC 4 UTILITIES ON PROPERTY LOCATED ON THE NORTHWEST SIDE OF COMMERCE WAY 5 AND NORTH OF WEST NORTH STREET 6 WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies within the 7 City of Dover; and 8 WHEREAS, it is deemed in the best interest of zoning and planning to change the land use classification 9 of property described below from Residential High Density to Institutional and Public Utilities. 10 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 11 DOVER, IN COUNCIL MET: 12 1) That from and after the passage and approval of this ordinance the Land Development Plan Map of 13 the City of Dover has been amended by changing the land use classification from Residential High 14 Density to Industrial and Public Utilities on a 13.967+/- acre portion of a 22.967+/- acre parcel located 15 on the northwest side of Commerce Way and north of West North Street, owned by H & M 16 Properties, LLC 17 (Tax Parcel: ED-05-076.10-02-07.03-000; Planning References: MI-19-02 and Z-19-01; Council District: 1) 18 ADOPTED: * 19 S:\ORDINANCES\2019\DRAFT\ORDINANCE #2019-04-COMP PLAN AMEND COMMERCE WAY\ORDINANCE #2019-04 - COMPREHENSIVE PLAN AMEND-FIRST READING.wpd 20 Actions History 21 01/28/2019 - Scheduled for First Reading - City Council

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PETITION TO AMEND ZONING DISTRICT First Reading before the Dover City Council January 28, 2019 Owners: H & M Properties, LLC Address: 22.967 Acres on Commerce Way Location: Northwest side of Commerce Way and north of West North Street, as part of Enterprise Business Park Tax Parcel: ED-05-076.10-02-07.03-000 Size: Parcel: 22.967 acres Area of Rezoning: 13.967 acres Present Use: Vacant Proposed Use: Future development Comprehensive Plan Designations: Residential High Density and Industrial and Public Utilities Proposed Comprehensive Plan Designation: Industrial and Public Utilities Present Zoning: RG-2 (General Residence Zone) IPM (Industrial Park Manufacturing Zone) Proposed Zoning: IPM (Industrial Park Manufacturing Zone) Reason for Request: To rezone entire parcel to IPM zoning district to allow full use of the property within the industrial zoning classification. A previously proposed residential project on the RG-2 portion of the property by an equitable interest was never realized. File Number: Z-19-01 Ordinance Number: 2019-05

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FIRST READING City of Dover PROPOSED ORDINANCE #2019-05 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY 2 OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE 3 NORTHWEST SIDE OF COMMERCE WAY AND NORTH OF WEST NORTH STREET 4 5 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the 6 limits of the City of Dover; and 7 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property 8 described below from RG-2 (General Residence Zone) and IPM (Industrial Park Manufacturing Zone) to 9 IPM (Industrial Park Manufacturing Zone). 10 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 11 DOVER, IN COUNCIL MET: 12 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 13 Ordinance of the City of Dover have been amended by changing the zoning designation from RG-2 14 (General Residence Zone) and IPM (Industrial Park Manufacturing Zone) to IPM (Industrial Park 15 Manufacturing Zone) on a 22.967+/- acre parcel of land located on the northwest side of Commerce 16 Way and north of West North Street, owned by H & M Properties, LLC 17 (Tax Parcel: ED-05-076.10-02-07.03-000; Planning References: Z-19-01 and MI-19-02; Council District 1) 18 ADOPTED: * 19 S:\ORDINANCES\2019\DRAFT\ORDINANCE #2019-05-REZONING-COMMERCE WAY\ORDINANCE #2019-05-COMMERCE WAY REZONING-FIRST 20 READING.wpd 21 Actions History 22 01/28/2019 - Scheduled for First Reading - City Council

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PETITION TO AMEND ZONING DISTRICT First Reading before the Dover City Council January 28, 2019 Owners: Wesley College, Inc. Address: 45 South State Street and Parcel on South American Avenue Location: Located between South State Street and South American Avenue, north of Reed Street Tax Parcels: ED-05-077.05-04-33.00-000 ED-05-077.05-04-36.00-000 Size: Parcel 1: 0.32 acres Parcel 2: 0.49 acres TOTAL: 0.81 acres Present Use: Previous Dover Public Library building, Carriage House buildings, and parking lot Proposed Use: College classrooms and meeting spaces with parking lot Comprehensive Plan Designation: Mixed Use Present Zoning: RG-O (General Residence and Office Zone) H (Historic District Zone) Proposed Zoning: IO (Institutional and Office Zone) Reason for Request: Converting the old Dover Public Library into flexible classrooms and meeting spaces for Wesley College’s expanding Occupational Therapy Program File Number: Z-19-02 Ordinance Number: 2019-06

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City of Dover Application No.: Z-19-02 Department of Planning & Inspections N Am RG-1 RGO n Av n St erica visio IO RGO t E Di ate S N St Ave e IO Penn RGO IO n St ivisio WD R-10 RGO S Am RGO n Av erica y Hw RGO e Kin gs RG-2 RGO RG-1 Site S St t ate S C-2A IO S Br RG-1 t rd S ed St adfo E Re ed St W Re C-2A S St C-2A ate S RGO C-2 treet C-2 Aly Title: Lands of Wesley College Ordinance #: 2019-06 Address: 45 South State Street Parcel IDs: ED-05-077.05-04-33.00-000 Legend ED-05-077.05-04-36.00-000 Existing Zoning: RG-O General Residence and Office zone 2012 Buildings H Historic District zone Zoning Proposed Zoning: IO Institutional and Office zone H Historic District zone Dover Parcels « Owner: Wesley College, Inc. Subject Property Date: 1/18/2019 0 100 200 400 Feet

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FIRST READING City of Dover PROPOSED ORDINANCE #2019-06 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY 2 OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 45 3 SOUTH STATE STREET AND SOUTH AMERICAN AVENUE 4 5 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the 6 limits of the City of Dover; and 7 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property 8 described below from RG-O (General Residence and Office zone), subject to H (Historic District zone) to 9 IO (Institutional and Office zone), subject to (Historic District zone). 10 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 11 DOVER, IN COUNCIL MET: 12 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 13 Ordinance of the City of Dover have been amended by changing the zoning designation from RG-O 14 (General Residence and Office), subject to H (Historic District) to IO (Institutional and Office), 15 subject to (Historic District) on that property located at 45 South State Street and South American 16 Avenue, consisting of two (2) parcels of land (0.32+/- acres and 0.49+/- acres) totaling 0.81+/- acres, 17 owned by Wesley College, Inc. 18 (Tax Parcels: ED-05-077.05-04-33.00-000 and ED-05-077.05-04-36.00-000; Planning Reference: Z-19-02; and 19 Council District: 2) 20 21 ADOPTED: * 22 S:\ORDINANCES\2019\DRAFT\ORDINANCE #2019-06-REZONING-45 SOUTH STATE STREET\ORDINANCE #2019-06-45 SOUTH STATE 23 STREET-1ST RDG.wpd 24 Actions History 25 01/28/2019 - Scheduled for First Reading - City Council

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PETITION TO AMEND AND ZONING DISTRICT First Reading before the Dover City Council January 28, 2019 Owners: Linda B. and Paul F. Schreppler Equitable Owner/Applicant: Miller Investments LLC Address: 157 Roosevelt Avenue Location: North side of Roosevelt Avenue east of South DuPont Highway Tax Parcel: ED-05-077.18-02-75.00-000 Size: 1.67 acres Present Use: Vacant Proposed Use: Apartment building Comprehensive Plan Designation: Residential Medium Density Present Zoning: R-8 (One Family Residence Zone) Proposed Zoning: RG-2 (General Residence Zone) Reason for Request: To allow development of a 22-unit garden apartment building under the zoning File Number: Z-19-03 Ordinance Number: 2019-07

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City of Dover Application No.: Z-19-03 Department of Planning & Inspections C- 4 R-8 IO SD upo nt H C-4 wy Ev erg reen R-8 Dr Ev er gr ee n Ci C-4 r MH ROS C- 1 RG-2 R-8 Site Roosevelt Ave River Chase Dr R-8 RG-2 C-4 o r Connect Punc heon Run ROS Title: Lands of Linda & Paul Schreppler Ordinance #: 2019-07 Address: 157 Roosevelt Avenue Parcel ID: ED-05-077.18-02-75.00-000 Legend Existing Zoning: R-8 One Family Residence zone 2012 Buildings Proposed Zoning: RG-2 General Residence zone Owner: Linda B. and Paul F. Schreppler Zoning Date: 1/16/2019 Dover Parcels 0 150 300 600 Feet « Subject Property

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FIRST READING City of Dover PROPOSED ORDINANCE #2019-07 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY 2 OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 3 157 ROOSEVELT AVENUE 4 5 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the 6 limits of the City of Dover; and 7 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property 8 described below from R-8 (One-family Residence) to RG-2 (General Residence). 9 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 10 DOVER, IN COUNCIL MET: 11 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 12 Ordinance of the City of Dover have been amended by changing the zoning designation from R-8 13 (One-family Residence) to RG-2 (General Residence) on that property located at 157 Roosevelt 14 Avenue, consisting of 1.641+/- acres, owned by Paul and Linda Schreppler (Equitable Owner: Miller 15 Investments, LLC). 16 (Tax Parcel: ED-05-077.18-02-75.00-000; Planning Reference: Z-19-03; and Council District: 2) 17 18 ADOPTED: * 19 S:\ORDINANCES\2019\DRAFT\ORDINANCE #2019-07-REZONING-157 ROOSEVELT AVENUE\ORDINANCE #2019-07-157 ROOSEVELT 20 AVENUE-FIRST READING.wpd 21 Actions History 22 01/28/2019 - Scheduled for First Reading - City Council

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