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City Council Meetings. Sep 10, 2007.

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EXHIBIT #1 Regular Council Meeting of 09/10/2007 Good News E-Payments The Start of Something New

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Good News - E-Payments ƒ Last year, our web site visitors could view property tax information on-line. ƒ This year, they can pay their property taxes on-line. ƒ 30 tax bills were paid on–line.

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Good News - E-Payments

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Good News - E-Payments To participate 24 x 7 ƒ Sign-up on-line with your e-mail address ƒ Select the property ƒ Accept the convenience fee of $5 ƒ Pay with your credit card ƒ Print your receipt.

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Good News - E-Payments ƒ Use with Confidence: ƒ Payments are processed and appear on-line within a business day. ƒ Escrowed taxes are identified to prevent duplicate payment. ƒ Secured web site used (note padlock symbol) ƒ Credit card numbers are not stored on our computers.

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Good News - E-Payments ƒ This is our first service with an on-line payment option for our customers. ƒ More services and payment options will follow. ƒ This was a combined effort of I/T, Finance, and Customer Service personnel.

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EXHIBIT #2 Regular Council Meeting of 09/10/2007 PETITION TO AMEND ZONING DISTRICT Before the Dover City Council September 10, 2007 Applicants/Owners: Halpern Family Partnership One Property Addresses: 967 South Governors Avenue Tax Parcel ID #: ED-05-077.17-03-06.00-000 Size: 6,600 SF Present Zoning: R-8 (One Family Residence Zone) & C-PO (Commercial/Professional Office Zone) Proposed Zoning: C-PO (Commercial/Professional Office Zone) Present Use: Office Building & Single Family House Comprehensive Plan Designation: Commercial Proposed Use: Office Building to remain; House to remain; Parking lot to expand behind the house File Number: Z-07-09 Planning Commission Recommendation: Following a public hearing on August 20, 2007, Planning Commission recommended that the southern portion of the subject parcel be rezoned to C-PO (Commercial/Professional Office Development District).

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EXHIBIT #3 Regular Council Meeting of 09/10/2007 PETITION TO AMEND ZONING DISTRICT Before the Dover City Council September 10, 2007 Applicants/Owners: Bruce D. Fisher 33718 Wescoats Road, Suite A Lewes, DE 19958 Location: South side of Roosevelt Avenue, east of Route 13 (South DuPont Highway) Property Addresses: 118 & 122 Roosevelt Avenue Dover, DE 19901 Tax Parcels ID #: ED-05-077.18-02-83.00-000 & ED-05-077.18-02-84.00-000 Size: 0.5760 ± acres Present Zoning: R-8 (One Family Residence Zone) Proposed Zoning: C-4 (Highway Commercial Zone) Present Use: Residential Comprehensive Plan Designation: Commercial Proposed Use: Commercial - Business File Number: Z-07-08 Planning Commission Recommendation: Following a public hearing on August 20, 2007, Planning Commission recommended that the parcel be rezoned to C-1A (Limited Commercial Zone).

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This zoning change is being requested by the Dr. Bruce Fisher. The subject parcels are currently zoned R-8 (One Family Residence Zone). The applicant is requesting C-4 (Highway Commercial Zone) zoning. Tax Parcels: ED-05-077.18-02-83.00-000 & ED-05-077.18-02- 84.00-000. Existing Property: Each subject parcel currently has a house on them. Each address has an active Rental Dwelling permit as of June 28, 2007. Surrounding Land Uses: The land adjacent to the site to the north across Roosevelt Avenue, to the south and to the west is zoned C-4 (Highway Commercial Zone). The adjacent property south and west is currently used as an auto dealership. To the east, there is residential land zoned R-8 (One Family Residence Zone). To the north, across Roosevelt Avenue, there is a commercial parcel zoned C-1A (Limited Commercial Zone) between the C-4 (Highway Commercial Zone) and the residentially zoned parcels to the east. Comprehensive Plan: In the 2003 Comprehensive Plan Update, as amended May 2005, September 2006 and February 2007, the Land Development Plan recommends that this property be used for Commercial Use. The requested C-4 (Highway Commercial Zone) is consistent with this category of uses. Request for C-4 (Highway Commercial Zone) Article 3, Section 16. Highway commercial zone (C-4). 16.1Uses permitted. No building or premises shall be used and no building shall be erected which is arranged, intended, or designed to be used, in whole or in part, for purposes except the following: 16.11 Uses permitted in the service commercial zone (see section 15). 16.12 In addition, the following may be permitted: (a) Drive-in facilities designed primarily to provide goods and services to persons while they are in automobiles, including drive-in eating establishments. (b) Motels and eating establishments. (c) Outdoor recreational facilities. (d) Auction establishments, and roadside vegetable markets. (e) Theaters, clubhouses and places of worship. (f) Establishments selling trailers, and memorial stones. (g) Household moving firms and related storage facilities. (h) Trucking terminals, including service, storage and repair. (i) Building contractors, construction materials and related equipment storage, provided that storage areas shall be screened from public view. (j) Offices and retail establishments. (k) Bus terminals. (l) Adult entertainment establishments, subject to the provisions stated in article 5, section 13. 16.13 The following uses are permitted, conditional upon the approval of the planning commission in accordance with the procedures and subject to the general conditions set forth in section 10.1 and to any specified requirements set forth below: (a) Crematory, subject to the following requirements: (i) The building lot line upon which a crematory is to be established shall be located at least 100 feet from any residential zone. (ii) Where adjacent to residential zones. All landscape buffers shall be required. The buffer shall consist of a landscape screen no less than six and one half (6

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Z-07-08 Lands of FL&D, Inc. Report to City Council September 10, 2007 Page 3 1/2) feet high. All landscaping shall be properly maintained throughout the life of the use on lot. (iii) Loading operations shall be conducted within a completely enclosed building. Location of loading doors shall be at the side or rear of the building. (iv) The crematory shall comply with the Delaware Incinerator Regulations. A copy of the approved air pollution permit issued by the State of Delaware Department of Natural Resources and Environmental Control shall accompany the application for a certificate of occupancy. Article 4, Section 4.15. [C-3, C-4, R-C, IO zones.] Bulk and parking regulations for service commercial (C-3), highway commercial (C-4), recreation and commercial (R-C) and institutional and office (IO) zones [are as follows]: TABLE INSET: C-3 C-4 RC IO Minimum required: 5 Lot area acres 100 Lot width (ft.) 150 per building 250 50 100 Lot depth (ft.) 150 400 100 Front yard (ft.) 25 30 30 20 Side yard (ft.) 20 25 50 10 10 or equal to bldg. 15 or equal to Rear yard (ft.) 10 50 height bldg. height Side or rear yards which adjoin a 30 30 100 30 residence zone (ft.) Off-street parking Per 300 sq. ft. floor area or 1 1 1/2 1 1 Per employee (whichever is 1 1 1 greater) Maximum permitted: Building height Stories 2 4 10 10 Feet 30 45 130 130 Floor area ratio 0.5 2.0 4.0 4.0 Lot coverage 85% Recommendation of the Planning Staff: This request is to rezone land from R-8 (One Family Residence Zone) to C-4 (Highway Commercial Zone). The current residential zoning of the two parcels is inconsistent with the Comprehensive Plan, while the requested zoning is consistent with the Comprehensive Plan.

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Z-07-08 Lands of FL&D, Inc. Report to City Council September 10, 2007 Page 4 The lots meet the minimum lot depth requirement for the C-4 (Highway Commercial Zone), but they do not meet the minimum lot width either individually or combined (combined lot width of 120 feet). Applying C-4 (Highway Commercial Zone) would create both uses and lot widths that do not conform to the district requirements. Depending on the zoning classification for the properties, the properties would be subject to the Zoning Ordinance, Article 7 – Nonconforming Buildings and Use. While staff has some concern about C-4 (Highway Commercial Zone) zoning on land without frontage on the highway, the requested zoning is consistent with the Comprehensive Plan and the surrounding land uses and zones. The parcels are surrounded on three sides by lands zoned C-4 (Highway Commercial Zone). For this reason, staff would support the requested zone. If the C-4 (Highway Commercial Zone) is deemed inappropriate for the site, C-1A (Limited Commercial Zone) may be an appropriate zoning classification because there is land of this zoning classification near the subject parcels to the northeast. The staff recommendation was made prior to public hearing before the Planning Commission. Following a public hearing on August 20, 2007, the Planning Commission unanimously recommended C-1A (Limited Commercial Zone) zoning. The Planning Commission motion is as follows: Mr. von Reider moved to forward recommendation to City Council for Z-07-08 FL&D, Inc., 118- 122 Roosevelt Avenue to rezone the property to C1-A, seconded by Colonel Welsh and the motion was unanimously carried.

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Z-07-08 The Lands of Bruce Fisher 118 & 122 Roosevet Avenue R-8 R-8 US R-8 R-8 LOT R-8 K DUP PAR EEN R-8 O NT EVE R-8 R-8 RG R C-4 R IS MOR R-8 R-8 C-4 ORCHARD R-8 MHP R-8 C-4 C-1A ROOSEVELT R-8 C-4 R-8 SITE RG-2 SC-2 T ON D UP C-4 R-20 Legend Dover_Parcels City of Dover Department of Planning 0 225 450 900 Feet ¯ Z-07-08 The Lands of Bruce Fisher Parcel IDs: ED-05-077.18-02-84.00-000 and ED-05-077.18-02-83.00-000 Acres: 0.576 +/- Total The material is for reference purposes only, Council District 2 and the City makes no warranty, representation, or guaranty as to the accuracy of the material. Current Zoning: R8 (One Family Residence Zone) The material is in the public domain and may be Proposed Zoning: C-4 (Highway Commercial Zone) copied without permission.

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Z-07-08 The Lands of Bruce Fisher 118 & 122 Roosevet Avenue R-8 EV R-8 ER G RE EN T C-4 PO N DU T PO N DU C-4 R-8 C-1A ROOSEVELT R-8 SITE C-4 RG-2 Legend Dover_Parcels City of Dover Department of Planning 0 90 180 R-20 360 Feet ¯ Z-07-08 The Lands of Bruce Fisher Parcel IDs: ED-05-077.18-02-84.00-000 and ED-05-077.18-02-83.00-000 Acres: 0.576 +/- Total The material is for reference purposes only, Council District 2 and the City makes no warranty, representation, or guaranty as to the accuracy of the material. Current Zoning: R8 (One Family Residence Zone) The material is in the public domain and may be Proposed Zoning: C-4 (Highway Commercial Zone) copied without permission.

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This zoning change is being requested by Halpern Family Partnership. The subject parcel is currently zoned C-PO (Commercial/Professional Office Zone) and R-8 (One Family Residence Zone). The applicant is requesting C-PO zoning for the entire parcel, with the exception of a portion that fronts South Bradford Street. Existing Property The subject parcel is the home of Halpern Eye Associates. The southern portion of the parcel is currently zoned R-8 (One Family Residence Zone) where a single family residential dwelling is located. Surrounding Land Uses: The remainder of the subject parcel to the north is zoned C-PO (Commercial/Professional Office Development District), the other adjacent parcels on Governors Avenue and Bradford Street are zoned R-8 (One Family Residence Zone) and are currently residential in use. Comprehensive Plan: In the 2003 Comprehensive Plan Update, as amended in May 2005, September 2006 and February 2007 the Land Development Plan recommends that this property be used for Commercial. The C-PO (Commercial and Professional Office Zone) is consistent with this land use category. The current R-8 (One Family Residence Zone) portion of the parcel is inconsistent with the category. Request for C-PO (Commercial/Professional Office Development District) The types of permitted uses in the C-PO (Commercial/Professional Office Development District) are outlined in Article 3 §26. 26.3Uses permitted. In a commercial/professional office development district, no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, or designed to be used, in whole or in part, for any purpose except the following: 26.31 Business, professional or governmental offices. 26.32 Banks, savings and loan associations, investment companies, credit bureaus, brokers and similar financial institutions. 26.33 Service agencies, such as real estate agencies, insurance agencies, computer services, [and] travel agencies. 26.34 Medical and dental offices including clinics and laboratories incidental to these uses. 26.35 Offices for philanthropic and eleemosynary institutions and organizations. 26.4Conditional uses. The following uses are permitted, conditioned upon the approval of the planning commission in accordance with the procedures and subject to the general conditions set forth in article 10, section 10.1 [1] (approval of conditional uses): 26.41 After a building complex in this zone has reached a gross floor area of 100,000 square feet, then the following uses shall be permitted as conditional uses:

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Z-07-09 Lands of Halpern Family Partnership One Report to City Council September 10, 2007 Page 3 (a) Cafeteria. (b) Restaurant. (c) Barbershop/beauty shop. (d) Copy center. (e) Office supply. (f) Retail store. (g) Newsstand. (h) Spa and health club. (i) Associated laboratories (other than those affiliated with permitted medical uses). 26.42 Drive-in facilities for any permitted use, designed primarily to provide services to persons while they are in automobiles. 26.43 Residential. Apartments, provided that no dwelling units shall be permitted on the first floor and at least two off-street parking spaces shall be provided in the area for each apartment. Recommendation of the Planning Staff: This request is to rezone land from R-8 (One Family Residence Zone) to C-PO (Commercial/Professional Office Development District). A portion of the subject parcel is currently zoned C-PO (Commercial/Professional Office Development District). The 2003 Comprehensive Plan Update initially showed this entire parcel and adjacent parcels south along Governors Avenue to Wyoming Avenue as Commercial on the Land Development Plan Map. When the Comprehensive Rezoning project (MI-05-02) was completed in 2005, the rezoning of a series of properties to R-8 to CPO was proposed in order for the zoning to be consistent with the Comprehensive Plan. In response to strong public objection to the proposed rezoning, the Planning Commission recommended against the rezoning and recommended the modification of the land use designation on all except the subject parcel to Residential Medium Density. City Council upheld this recommendation to maintain the current R-8 (One Family Residence Zone) zoning and to reflect the change in land use designation. The overall parcel at 967 South Governors Avenue retained the land use designation of Commercial. While staff is aware of the history of rezoning requests in this area and the concerns about expanding commercial zoning, the requested zoning cleans up a split zoning and is consistent with the Comprehensive Plan. Because this request is consistent with the Comprehensive Plan, staff supports the request for C- PO (Commercial/Professional Office Development District) zoning in this location. Staff recommends that the Planning Commission forward a recommendation to City Council to approve the request to expand the C-PO (Commercial/Professional Office Development District) zoning to the south property line of the subject parcel. The staff recommendation was made prior to public hearing before the Planning Commission. Following a public hearing on August 20, 2007, in which several neighbors of the property spoke in opposition to the proposed rezoning application, Planning Commission voted to recommend in favor of the rezoning to C-PO (Commercial/Professional Office Development District).

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Z-07-09 Lands of Halpern Family Partnership One Report to City Council September 10, 2007 Page 4 The following is a summary of public testimony before the Planning Commission, along with the Planning Commission deliberation and motion regarding the rezoning application: Toni Gillis – 1086 S. Bradford Street – Stated that the property that they are proposing to rezone partially or to combine is caddy corner behind her house and parking has been done here illegally for awhile and now they are proposing to put it legally behind her house and sandwiched between other residences. She is not in favor of this. Dr. Halpern has been given parking spaces at the Grange for his employees and she lives in this neighborhood and the widening of Governors Avenue has not deterred the building of residences across the street from Dr. Halpern and she does not feel that they should continue to take away the residential community. We live in that area partially because it is convenient. It is convenient for retirees, it is convenient for retirees when they cannot drive any longer, they are convenient to the hospital, and convenient to her church and place of work which is right on The Green. For her to consider going to areas outside of the City because the City keeps rezoning everything commercial is not an option for her. This infringes upon her privacy and the quite in her neighborhood and she is not in favor of it. Beatrice Kemp – Stated that she lives two doors from Dr. Halpern and it is just inconvenient with the cars parking right there and all of the noise and then on weekends there are cars in there and there is more noise. If they get this much, they will take the one next door. There is another house next door and Dr. Halpern has got it fenced off and he was using it illegally and now he is trying to get it zoned right. Mr. von Reider stated that he remembers that when they were looking at the property before for rezoning the tax parcel 03 that faces on Wyoming Avenue there was a lot of gravel in there. Responding to Mr. von Reider, Mrs. Townshend stated that this is all part of that; however, this is not part of the rezoning. The parking area is not in compliance with the Zoning Ordinance and Staff has been working on stopping it. The issue that Dr. Halpern is bringing forward is that e needs additional parking and we have been monitoring this area and there have not been cars parking in there during the business hours; however, we do want to get this cleaned up and restored to a lawn. Mr. von Reider further questioned what the hours of operation are? Responding to Mr. von Reider, Dr. Halpern stated that three days a week they are 8:00 AM to 8:00 PM, Saturdays 9:00 AM to 3:00 PM and the rest of the days 8:00 AM to 5:00 PM. Mrs. Townshend stated with regards to the issue on the driveway, currently, there is a gravel driveway that comes off of Wyoming Avenue that goes back to a gravel lot and this is the lot that has been of issue and never received Site Plan approval. The Zoning Ordinance prohibits having a driveway through a zone for a use that is not permitted in that zone. There are a number of reasons that this lot does not comply. This would be an expansion of the current lot on Governors Avenue and would take access off of Governors Avenue. By virtual of having approval through the Planning Commission, would be subject to the buffer and barrier requirements that the Zoning Ordinance has. This could mitigate some of the problems that are here now with the issues of the parking lot that is here now and should not be. Mr. von Reider further questioned that if they rezone this last piece what would be the buffering requirements? Responding to Mr. von Reider, Mrs. Townshend stated that buffering would be required because it is adjacent to residential it would require Site Plan approval. Mr. Tolbert questioned what would be the extraordinary noises that emanates from this facility? Responding to Mr. Tolbert, Mr. Halpern stated that to his knowledge there has not been any and maybe a question that you may want to ask the Dover Police Department to see if they have had any complaints because he does not believe that there have been any. Mr. von Reider stated that given the same logic that he just used to deny a C-4 zoning the reverse of that applies here. The fact that we have a piece of parcel that has split zoning and it would make sense to make it one zoning and that CPO is an appropriate zoning use of this area. We have often used CPO zoning to create a buffer between high intensity commercial or industrial and residential areas. He does hope that as part of this, the City will

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Z-07-09 Lands of Halpern Family Partnership One Report to City Council September 10, 2007 Page 5 vigorously pursue the stoppage of all illegal parking and a drive through from parcel to parcel behind Ms. Kemps house and this area. Mr. von Reider moved to forward recommendation to City Council for approval of Z-07-09 Lands of Halpern Family Partnership to CPO zoning classification, seconded by Mr. Tolbert and the motion was unanimously carried. Colonel Welsh stated that he would like clarification on tax parcel 03 is owned by Mr. Halpern and this is what the people are using now to transit. Can we make it a condition of approval upon Mr. Halpern that he stop the traffic? Responding to Colonel Welsh, Dr. Halpern stated that there is currently no traffic there it has been shut down. Mrs. Townshend stated that you could not condition a rezoning; however, we will be talking to Dr. Halpern and his team to remedy the situation. Dr. Halpern stated that he refenced and cleaned out this whole back so that the neighbors on Bradford Street are looking at a fence and they really cannot see cars. The entranceway is a driveway from the other house. Mr. Friedman stated that he would abstain from the vote as he has a business located on Bradford Street and he has parking issues as well.

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Z-07-09 The Lands of Halpern Family Partnership One 967 South Governors Avenue RGO R-8 R-8 R-8 R-8 C-1A C-1A C-1A R-8 RGO WAPLES R-8 R-8 C-1A RGO R-8 GOVERNORS MONROE BRADFORD R-8 R-8 R-8 R-8 RGO C-1A R-8 CPO R-8 RGO SITE R-8 IO WYOMING AVE R-8 STATE R-8 RG-1 RGO RGO R-8 WYOMING R-8 C-PO R-8 C-2A R-8 C-1 C-3 ¯ JEFFERSON C-4 C-1A RGO R-8 C-1A Legend R-8 R-8 R-10 Dover_Parcels C-2A SC-2 0 145 290 580 Feet City of Dover Department of Planning Z-07-09 The Lands of Halpern Family Partnership One Parcel ID: ED-05-077.17-03-06.00-000 Acres: 0.4545 +/- Total The material is for reference purposes only, Council District 2 and the City makes no warranty, representation, or guaranty as to the accuracy of the material. Current Zoning: CPO (Commercial/Professional Office) The material is in the public domain and may be R8 (One Family Residence Zone) copied without permission. Proposed Zoning: CPO (Commercial/Professional Office)

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Z-07-09 The Lands of Halpern Family Partnership One 967 South Governors Avenue C-1A R-8 RGO R-8 CPO GOVERNORS R-8 BRADFORD R-8 R-8 SITE WYOMING AVE RGO WYOMING ¯ R-8 C-1 C-PO Legend C-2A C-3 Dover_Parcels C-1A RGO 0 75 150 300 Feet City of Dover Department of Planning Z-07-09 The Lands of Halpern Family Partnership One Parcel ID: ED-05-077.17-03-06.00-000 Acres: 0.4545 +/- Total The material is for reference purposes only, Council District 2 and the City makes no warranty, representation, or guaranty as to the accuracy of the material. Current Zoning: CPO (Commercial/Professional Office) The material is in the public domain and may be R8 (One Family Residence Zone) copied without permission. Proposed Zoning: CPO (Commercial/Professional Office)

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