REGULAR COUNCIL PACKET

REGULAR COUNCIL MEETING AGENDA M AY 28, 2019 - 7:30 P.M. CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA DOVER, DELAWARE OPEN FORUM - 15 M INUTES PRIOR TO OFFICIAL M EETING (7:15 P.M.) THE “OPEN F O RU M ” SEGM ENT IS PROVIDED TO EXTEND THE OPPORTUNITY TO THE GENERAL PUBLIC TO SHARE THEIR QUEST IO NS, THOUGHTS, COM M ENTS, CONCERNS, AND COM PLAINTS. DISCUSSION OF ANY ITEM APPEARING ON THE AGENDA AS A PUBLIC HEARING IS P RO H IBITED DURING THE O PEN FORUM AS AN OPPORTUNITY WILL BE PROVIDED DURING CONSIDERATION OF T H A T ITEM . CITIZEN CO M M EN T S ARE LIM ITED TO THREE (3) M INUTES. COUNCIL IS PROHIBITED FROM TAKING ACTION SINCE THEY ARE NOT IN OFFICIAL SESSION; HOWEVER, THEY M AY SCHEDULE SUCH ITEM S AS REG U LA R AGENDA ITEM S AND ACT UPON THEM IN THE FUTURE. INVOCATION BY BIS HOP THOMAS L. HOLS EY PLEDGE OF ALLEGIANCE LED BY COUNCILMAN NEIL ADOPTION OF AGENDA * CONS ENT AGENDA TH O SE ITEM S ON THE COUNCIL AGENDA WHICH ARE CONSIDERED ROUTINE AND NON- CONTROVERSIAL SHALL BE M ARKED WITH AN ASTERISK (*) A ND WILL BE ACTED UPON BY A SINGLE ROLL CALL VOTE OF THE COUNCIL. THERE WILL BE NO SEPARATE DISCUSSION OF THESE ITEM S UNLESS A M EM BER OF COUNCIL SO REQ U EST S, IN WHICH EVENT THE M ATTER SHALL BE REM OVED FROM THE CONSENT AGENDA AND CONSIDERED A SEPARATE ITEM . * 1. ADOPTION OF M INUTES A. SPECIAL COUNCIL M EETING OF M AY 6, 2019 B. SPECIAL COUNCIL M EETING OF M AY 8, 2019 C. ANNUAL COUNCIL M EETING OF M AY 13, 2019 D. SPECIAL COUNCIL M EETING OF M AY 13, 2019 2. CERTIFICATES OF CONGRATULATIONS A. CENTRAL M IDDLE SCHOOL GIRLS BAS KETBALL TEAM B. DOVER HIGH SCHOOL BOYS INDOOR TRACK TEAM C. ERIC D. GLAS S 3. PROCLAMATION - PIRATES PLUNDER ENTERTAINMENT 4. PRES ENTATION - FINAL REPORT OF THE M AYOR'S BLUE R IBBO N TAS K FORCE TO END HOMELES S NES S IN DOVER AND CERTIFICATE OF APPRECIATION

COUNCIL AGENDA - MAY 28, 2019 PAGE 2 5. ANNEXATIO N /R EZO N IN G OF PROPERTY LOCATED AT 2920 NORTH DUPONT HIGHWAY, OWNED BY NEWWIND PROPERTIES 2920 LLC (RECEIVED REQUES T TO POS TPONE - RECOMMEND THAT THE PUBLIC HEARING BE RES CHEDULED FOR M ONDAY, JULY 22, 2019) A. PUBLIC HEARING - ZONING CLAS S IFICATION PROPERTY LO CA T ED A T 2920 NORTH DUPONT HIGHWAY, CONSISTING OF 0.57 +/- ACRES, OWNED BY N EWWIND PROPERTIES 2920 LLC. THIS PROPERTY IS CURRENTLY ZONED BG (GENERAL BUSINESS)(KENT COUNTY ZONING CLASSIFICATION) AND THE PROPOSED ZONING IS C-4 (HIGHWAY COM M ERCIAL)(CITY OF DOVER ZONING CLASSIFICATION) (TAX PARCEL: ED-00-057.02-01-08.00-000; PLANNING REFERENCE: AX-19-01; COUNCIL DISTRICT : 3) B. ADOPTION OF ANNEXATION RES OLUTION NO . 2019-03 C. FINAL READING/ADOPTION OF REZONING ORDINANCE #2019-01 THE FIRST READING O F THE PROPOSED ORDINANCE WAS ACCOM PLISHED DURING THE COUNCIL MEETING OF JANUARY 14, 2019. THE ORDINANCE IS AVAILABLE AT THE EN T RA N CE O F T H E C O U N C I L C H A M B E R S, O N T H E C IT Y' S WEBSIT E A T WWW.CITYOFDOVER.COM UNDER "GOVERN M EN T ," OR BY CONTACTING THE CITY CLERK'S OFFICE AT 736-7008 OR CITYCLERK@DOVER.DE.US. (1) AN ORDINANCE AMENDING THE ZO N IN G ORDINANCE AND ZONING M AP OF THE CITY OF DOVER BY CHANGING THE ZONING DES IGNATION OF PRO PERTY LOCATED AT 2920 NORTH DUPONT HIGHWAY * 6. DOVER HUMAN RELATIONS COMMIS S ION REPORT - APRIL 18, 2019 A. PROPOS ED REVIS IONS TO DHRC BROCHURE B. DIS CUS S ION - OPEN FORUM FORMAT (COM M ISSION RECOM M ENDED DISCONTINUATION OF THE OPEN FORUM SEGM ENT OF THE DHRC M EETINGS) * 7. DOVER HUMAN RELATIONS COMMIS S ION REPORT - M AY 16, 2019 A. PROPOS ED REVIS IONS TO DHRC BROCHURE B. DIS CUS S ION TO UPDATE THE DHRC STRATEGIC PLAN * 8. 2019/2020 ANNUAL APPOINTMENTS (DEFERRED DU RIN G T H E AN NUAL MEETING OF MAY 13, 2019) A. COUNCIL COMMITTEE OF THE WHOLE SUBCOMMITTEES (1) LEGIS LATIVE, FINANCE, AND ADMINIS TRATION COMMITTEE (A) RECOMMENDED BY COUNCIL PRES IDENT HARE A-1. COUNCILM AN MATTHEW J. LINDELL, CHAIR A-2. DANIEL T. SHEVOCK (B) RECOMMENDED BY COMMITTEE CHAIR B-1. JONATHAN D. CONTANT (2) PARKS , RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE (A) RECOMMENDED BY COUNCIL PRES IDENT HARE A-1. COUNCILM AN DAVID L. ANDERSON, CHAIR A-2. M. MILFORD CALDWELL, JR. (B) RECOMMENDED BY COMMITTEE CHAIR B-1. THOM AS J. DIX

COUNCIL AGENDA - MAY 28, 2019 PAGE 3 * 8. 2019/2020 ANNUAL APPOINTMENTS (CONTINUED) (DEFERRED DURING THE ANN U A L M EETING OF MAY 13, 2019) A. COUNCIL COMMITTEE OF THE WHOLE SUBCOMMITTEES (CONTINUED) (3) SAFETY ADVIS ORY AND TRANS PORTATION COMMITTEE (A) RECOMMENDED BY COUNCIL PRES IDENT HARE A-1. COUNCILM AN RALPH L. TAYLOR, JR., CHAIR A-2. DANA SHELTON (4) UTILITY COMMITTEE (A) RECOMMENDED BY COUNCIL PRES IDENT HARE A-1. COUNCILM AN SCOTT W. COLE, CHAIR A-2. MARGARET A. HAASS (B) RECOMMENDED BY COMMITTEE CHAIR B-1. KATHLEEN DOYLE B. DOWNTOWN DOVER PARTNERS HIP BOARD OF DIRECTORS (1) CITY MANAGER, DONNA S. MITCHELL (EX- OFFICIO M EM BER) (2) CITY PLANNER, DAVID S. HUGG III (EX- OFFICIO M EM BER) (3) MAYOR ROBIN R. CHRISTIANSEN (EX-OFFICIO MEM BER) (4) COUNCILM AN FRED A. NEIL (5) COUNCILM AN TANNER WM . POLCE C. GENERAL EMPLOYEE PENS ION PLAN BOARD (1) CITY MANAGER, DONNA S. MITCHELL (EX- OFFICIO M EM BER) (2) CONTROLLER/TREASURER, LORI PEDDICORD (EX- OFFICIO M EM BER) (3) RECOMMENDED BY COUNCIL PRES IDENT HARE (A) COUNCILM AN DAVID L. ANDERSON (B) COUNCILM AN RALPH L. TAYLOR, JR. D. OTHER POS T-EMPLOYMENT BENEFITS (OPEB) BOARD (1) CITY MANAGER, DONNA S. MITCHELL (EX- OFFICIO M EM BER) (2) HUM AN RESOURCES DIRECTOR, KIM D. HAWKINS (EX- OFFICIO M EM BER) (3) CONTROLLER/TREASURER, LORI PEDDICORD (EX- OFFICIO M EM BER) (4) RECOMMENDED BY COUNCIL PRES IDENT HARE (A) COUNCILM AN DAVID L. ANDERSON (B) COUNCILM AN RALPH L. TAYLOR, JR. E. POLICE PENS ION PLAN - RETIREMENT COMMITTEE (1) CITY MANAGER, DONNA S. MITCHELL (EX- OFFICIO M EM BER) (2) MAJOR TIM OTHY STUM P (EX- OFFICIO M EM BER) (3) RECOMMENDED BY COUNCIL PRES IDENT HARE (A) COUNCILM AN DAVID L. ANDERSON (B) COUNCILM AN RALPH L. TAYLOR, JR. F. CITY/COUNTY COMMITTEE (LIAIS ON TO KENT COUNTY) - RECOMMENDED BY COUNCIL PRES IDENT HARE (1) MAYOR ROBIN R. CHRISTIANSEN (2) COUNCIL PRESIDENT HARE (3) COUNCILM AN FRED A. NEIL (4) COUNCILM AN TANNER WM . POLCE (5) COUNCILM AN TIM OTHY A. SLAVIN (6) DONNA S. MITCHELL, CITY MANAGER

COUNCIL AGENDA - MAY 28, 2019 PAGE 4 * 8. 2019/2020 ANNUAL APPOINTMENTS (CONTINUED) (DEFERRED DURING THE ANN U A L M EETING OF MAY 13, 2019) G. KENT COUNTY TOURIS M BOARD OF DIRECTORS (VOTING LIAIS ON) MEETS THE 3RD THURSDAY OF EACH M ONTH (EXCEPT AU G UST ) AT 7:30 A.M . AT THE KENT COUNTY TOURISM OFFICE, 435 NORTH DUPONT HIGHWAY (UNLESS M OVED TO ANOTHER LOCATION). (1) COUNCILM AN FRED A. NEIL H. KENT ECONOMIC PARTNERS HIP BOARD OF DIRECTORS (VOTING LIAIS ON M EMBER) MEETS THE 3RD TUESDAY OF EACH M ONTH AT 8:00 A.M . AT 555 BAY ROAD (1) COUNCILM AN DAVID L. ANDERSON * 9. ANNUAL APPOINTMENTS RECOMMENDED BY M AYOR CHRIS TIANS EN MAYOR CHRISTIANSEN REQUESTS THAT THESE A P P O INTM ENTS BE DEFERRED UNTIL JUNE 10, 2019 AND THAT M EM BERS CONTINUE TO SERVE UNTIL THE APPOINTM ENTS/REAPPOINTM ENTS HAVE BEEN M ADE. A. DOVER FOURTH OF JULY CELEBRATION COMMITTEE B. DOVER PUBLIC LIBRARY ADVIS ORY COMMIS S ION C. ELECTION BOARD D. SILVER LAKE COMMIS S ION * 10. R EAPPO IN TMEN T R EC O MMEN D ED BY CO UN C IL PRES IDENT H ARE - B IS HO P THOMAS L. HOLS EY - CITY CHAPLAIN (ANNUAL APPOINTMENT EXPIRES JUNE 2020) 11. CITY M ANAGER’S ANNOUNCEMENTS 12. COUNCIL M EMBERS ’ ANNOUNCEMENTS 13. ADJOURNMENT /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\COUNCIL-AGENDAS\2019\05-28-2019 REGULAR 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, COMPET ENCY AND ABILITIES OF INDIVIDUAL EMPLOYEES ARE DISCUSSED, UNLESS THE EMPLOYEE REQUESTS THAT SUCH A MEETING BE OPEN THE AGENDA ITEM S AS LISTED M AY 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 ITEM S, INCLUDING EXECUTIVE SESSIONS, WHICH ARISE AT THE TIM E OF THE M EETING.

SPECIAL COUNCIL MEETING A Special Council Meeting was held on May 6, 2019 at 6:08 p.m. with Council President Slavin presiding. Council members present were Mr. Anderson, Mr. Neil, Mr. Cole, Mr. Polce, and Mr. Hare. Mr. Sudler and Mr. Lindell were absent. Mayor Christiansen was also present. Council staff members present were Mrs. Mitchell, Mr. Hugg, Mrs. McDowell. ADOPTION OF AGENDA Mr. Neil moved for approval of the agenda, seconded by Mr. Cole and unanimously carried. PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - PROPERTY LOCATED AT 33 SOUTH QUEEN STREET, OWNED BY OLIVER COOPER IV AND OTHERS A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 33 South Queen Street, owned by Oliver Cooper IV and others. Mr. David Hugg, Director of Planning and Community Development, reviewed a presentation depicting the condition of the property (Exhibit #1). Staff recommended: 1) declaring this building and all accessory structures on this property dangerous; 2) ordering the property demolished by June 6, 2019 by the owner or equity owner at their own risk; 3) ordering the Building Inspector to cause the demolition of the structures if not completed by the owner within 10 days of the date established by City Council; 4) ordering the City Manager with the assistance of the City Solicitor to cause the cost of the demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner. Responding to Mr. Hare, Mr. Hugg confirmed that there was a newer home next door and the subject property was a blight on the neighborhood and in continuous violation. In response to Mr. Polce, Mayor Christiansen stated that he would provide him with statistics regarding the number of police responses to this property. Mr. Anderson asked when certified notifications were mailed and what responses were received. Responding, Mr. Hugg advised a lien search was ordered in January 2019, a first notice was sent to the owner and lien holders by certified and regular mail on March 18, 2019, and a notice was posted on the property. He noted that a copy of the notice was also provided to the City Clerk’s Office. Mr. Hugg stated that a follow up inspection was completed on April 4, 2019 and a date was set for the Council public hearing. He explained that this notice was sent to five (5) private parties in Kent County at their last known addresses. Mr. Slavin declared the public hearing open. Mr. Oliver Cooper, 6735 Yucca Street, Los Angeles, California, stated that he was speaking in regard to the notice he received earlier this year, noting that he was unaware of any of the previous

SPECIAL COUNCIL MEETING OF MAY 6, 2019 PAGE 2 statements. He explained that the house was built in 1920, belonged to his great-grandfather, and he and his uncle acquired the property from his grandparents as an estate. Mr. Cooper advised that the house was occupied as a rental property at one point, and after 2013 it was privately occupied by a family member. He stated that most of the violations listed date back to 2013 and had been rectified. Mr. Cooper noted that the foundation and roof do not show any issues, and he believed the photos were misleading because they made the walls appear slanted or dilapidated, which they are not. He explained that the windows and doors are not broken as indicated, noting that the house is boarded up to prevent vandalism. Mr. Cooper informed members that when he received the notification that the property was to be condemned, he spoke to someone in the building department to request a stay until he could come look at the property, since he lives in Los Angeles and is not able to travel to Delaware very often. He stated that the person he spoke to told him he had to wait to come to this hearing, which is why there was no direct response to the letter he received in March. Mr. Cooper advised members that since that time, he had hired a construction person to assess the damages and hopefully to some additions to the house. He stated that the house had been in his family for almost 100 years and requested more time to fix the problems. Mr. Cooper noted that he did not believe most of the issues rose to a level requiring demolition, for the simple fact that the cost of demolition far exceeds the repairs that are necessary to be completed. Mr. Anderson asked why Mr. Cooper did not make any effort to pay the $13,000 in back taxes and fees after he received the notice. Responding, Mr. Cooper stated that $7,000 was a recent vacant property fee which he received notification of within the last month. He explained that he came prepared to make the $5,000 payment, which he believed was for taxes, the prior year’s vacant property fee, as well as water and sewer bills. Mr. Cooper noted that he owns the property jointly with his uncle, and he believed his uncle was taking care of most of these things. He indicated that his uncle had now agreed to Quit Claim Deed the house to him so that he can make all the necessary repairs without any issues. Mr. Cooper informed members that they had consistently had the grass cut, and the debris and branches indicated had since been removed. Mr. Anderson asked how Mr. Cooper planned to make the repairs to the property within 30 days if he was not even prepared to pay all the fees. In response, Mr. Cooper stated that the plan with his contractor would take longer than 30 days because he is backed up and would not be able to begin until the end of June. He explained that his biggest issue with correcting the violations was being a co-owner of the property, not money, noting that he had been paying all the taxes for years. Mr. Cooper informed members that his uncle was the initial executor for the estate and he had to go through a legal proceeding to gain executorship, which ended in November 2014, to begin assessing all of the properties owned by his family. Responding to Mr. Anderson, Mr. Cooper stated that he had been executor since the end of 2014, the taxes had been paid until last year. He explained that the vacant building fee is approximately $4,000 per year which makes up most of the taxes; however the taxes were paid in 2014, 2015, and 2016. He stated that his grandmother died in 2011 and he had been paying the fees since then.

SPECIAL COUNCIL MEETING OF MAY 6, 2019 PAGE 3 Mr. Slavin stated that he thought that the amount for the taxes seemed very high. Mr. Anderson noted that even if Council gave Mr. Cooper time, he’s not even sure what repairs are needed or a time frame before summer. Responding, Mr. Cooper stated that there was a list of approximately 20 violations and many of the items date back to 2013 and are no longer valid. He noted that there are no structural issues with the home, the roof was repaired within the last five (5) years and does not leak, there are no drainage issues, there is a brand new water heater that hasn’t been utilized since 2015, and the floors and bathroom have been redone. Mr. Cooper stated that it is boarded to avoid someone breaking in and doing further damage to the interior of the home, explaining that it isn’t the nicest street in the neighborhood and there are issues with vandals. He noted that several homes on that block are boarded up. Mr. Polce stated that he shared Mr. Anderson’s sympathy for Mr. Cooper’s situation; however, it was completely unacceptable to have a home with 27 Code violations and utility shut-offs since February 7, 2016, and to owe approximately $15,000. He stated that, as Mr. Cooper alluded, it is not a good area, noting that he is there at least once a week handing out Narcan, which would mean that Mr. Cooper has all the better reason to be a good steward and not create an environment where squatting and loot activity could occur. Mr. Polce stated that he has always been up-front regarding his feeling that the City needs to quickly remedy vacant buildings and blighted buildings and hold people accountable at all costs. He advised that these issues not only depreciate home values around the neighborhood but major thoroughfares in the City, like this home on South Queen Street which is visible from one of the City’s major thoroughfares that he commutes on daily. Mr. Polce stated that he appreciates what Mr. Cooper is trying to do; however, in his opinion, it is a little too late. Mayor Christiansen stated that he appreciated Mr. Cooper’s allegiance to his family’s property, noting that there is no bigger supporter of individual property rights’ than himself because this country was founded on that. He explained that with property rights comes responsibility for your own property and those in and around your area. Mayor Christiansen stated that he thought it is incumbent on Mr. Cooper to make the difficult decision in the best interest of the greater good. He expressed his opinion that this property is a blight, is depreciating the property values in the community, and needs to go. He explained that it is a danger to the children, police officers, and firefighters in the community, noting that someone could start a fire there at any given time and a firefighter could lose their life. Mayor Christiansen indicated that he thought this property was a dangerous and hazardous building, and detriment to the community. He asked that Council follow through on the recommendation of staff. Mayor Christiansen stated that it is time that the City take a stand against dangerous buildings that are detracting from the property values of our fellow citizens. Mr. Cooper noted that there had never been police activity on his property, to his knowledge. He indicated his belief that tearing down the house was not the solution when correcting the few remaining issues would cost much less. Mr. Neil stated that the fines related to the vacant building code are progressive because Council is concerned and wants people to have the opportunity to fix violations. He indicated that the fees are designed as a warning for people to take action when they receive notification. Mr. Neil noted that the problem the City has experienced is that people always say they need more time. He expressed

SPECIAL COUNCIL MEETING OF MAY 6, 2019 PAGE 4 his opinion that Mr. Cooper had the time. He stated that someone had the responsibility, whether it was Mr. Cooper or his uncle, to do what was right and contact the City to let staff know what was happening and not let the issues go on for so long. Mr. Neil stated that he agreed with the comments expressed by Mr. Anderson and Mr. Polce. He explained that it’s not fair to say that “it’s my property, and I can do what I want with it” when it hurts other people, as this property does. There being no one else present wishing to speak, Mr. Slavin declared the public hearing closed. Mr. Cole moved to accept staff’s recommendation, seconded by Mr. Polce. Mr. Anderson stated that he was a believer in providing the property owner a specific time frame to repair or demolish the property when the property is not a danger to public health and safety, and since that was lacking from the staff recommendation, he could not support the motion. The motion to accept staff’s recommendation to: 1) declare this building and all accessory structures on this property dangerous; 2) order the property demolished by June 6, 2019 by the owners or equity owners at their own risk; 3) order the Building Inspector to cause the demolition of the structures if not completed by the owners within 10 days of the date established by City Council; 4) order the City Manager with the assistance of the City Solicitor to cause the cost of the demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owners was carried with Mr. Anderson voting no. PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - PROPERTY LOCATED AT 938 SHANK ROAD, OWNED BY HECTOR A. VILLA A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 938 Shank Road, owned by Hector A. Villa. Mr. David Hugg, Director of Planning and Community Development, advised that notification regarding the Council public hearing was sent on April 11, 2019 by regular and certified mail to Mr. Villa and any other parties who had a recognized interest, including Security Pacific Financial Services and the Kent County Tax Office. He stated that the Department of Planning and Inspections inspected the exterior of the dwelling on April 10, 2019 and found that no repairs had been made to correct the violations detailed in a previous letter to the owner, dated March 18, 2019. Mr. Hugg informed members that City staff conducted an inspection of the residence on September 13, 2007 and observed numerous code violations, including a lack of plumbing, damaged walls, and mold throughout the dwelling. He stated that, during that inspection, the dwelling was condemned as unfit for human habitation. Mr. Hugg reviewed a presentation depicting the condition of the property (Exhibit #2). Staff recommended: 1) declaring this building and all accessory structures on this property dangerous; 2) ordering the property demolished by June 6, 2019 by the owner or equity owner at their own risk; 3) ordering the Building Inspector to cause the demolition of the structures if not completed by the owner within 10 days of the date established by City Council; 4) ordering the City Manager with the assistance of the City Solicitor to cause the cost of the demolition to be charged

SPECIAL COUNCIL MEETING OF MAY 6, 2019 PAGE 5 against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner. Mr. Hare informed members that he is very familiar with this property because it is in his neighborhood. He stated that during the winter people sneak in and, as a result, it is disgusting on the inside and smells when the weather gets hot. Mr. Hare noted that nothing had been done with the property in two (2) years. He indicated his support of staff’s recommendation. Responding to Mr. Anderson, Mr. Hugg stated that all of the notices were sent both certified and general mail. He advised that the property file included returned unaccepted copies of the general mail notifications, as well as certification information that they were received. He advised that the most recent notification was received on April 15, 2019 according to the certified mail receipt. Mr. Hugg informed members that the first inspection occurred in September 2017. He stated that the property was posted and a lien search was ordered in 2017. Mr. Hugg advised that it was ordered for immediate hearing as an emergency project, and first notice was sent by certified and regular mail to the owner on March 18th, and to lien holders and copied to the Clerk’s Office on April 11th. He noted that the property was photographed for the presentation and the PowerPoint was presented on May 2nd, and it was confirmed that there were no active permits on the property in April 2019. Mr. Hare stated that the lien holders, including the banks, had been advised and had not done anything. He noted that the sewer had been clogged and backed up for almost two (2) years. Mr. Slavin declared the public hearing open. Ms. Mary Conrad, 932 Shank Road, stated that she lives next door to the subject property. She informed members that it stinks in the summertime, and she is constantly fighting snakes and the vegetation, including vines which are growing all over her fence. Ms. Conrad informed members that the house is terrible and the back porch is falling off. She noted that there is junk in the yard and it is collecting water, which will soon be breeding mosquitoes. Ms. Conrad stated that she wants the house gone, explaining that it is decreasing her property value and the aesthetics of the whole neighborhood. She advised that the front of the house doesn’t look as bad because the bushes are hiding it; however, the front porch is full of junk and the front porch is also falling off and tilted toward the neighbors house. Ms. Conrad noted that the only reason there are not more grass violations is because her other neighbor mows the grass. She stated that she had lived there for 23 years and was tired of dealing it, noting that it had been 23 years of people in and out constantly, and people going onto her property uninvited and unwanted. Ms. Conrad advised that there had been crime associated with people that have lived there as well. She stated that she wanted the house gone, so someone could build a nice house and bring the property value up again. Mr. Hare noted that Ms. Conrad was probably speaking for approximately 15 families on that block. Mr. Slavin asked if there was anyone present who was in agreement with Ms. Conrad who did not want to speak, to stand or raise their hand so members could see the level of support. Mr. Slavin noted that five (5) individuals stood.

SPECIAL COUNCIL MEETING OF MAY 6, 2019 PAGE 6 There being no one else present wishing to speak, Mr. Slavin declared the public hearing closed. Mr. Hare moved to accept staff’s recommendation, seconded by Mr. Neil. Mr. Anderson stated that he believed that the sewage and the plumbing situation created an imminent risk to public health, so he would support the motion without the demolish or repair stipulation. The motion to accept staff’s recommendation to: 1) declare this building and all accessory structures on this property dangerous; 2) order the property demolished by June 6, 2019 by the owner or equity owner at their own risk; 3) order the Building Inspector to cause the demolition of the structures if not completed by the owner within 10 days of the date established by City Council; 4) order the City Manager with the assistance of the City Solicitor to cause the cost of the demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner was unanimously carried. Mr. Neil moved for adjournment, seconded by Mr. Hare and unanimously carried. Meeting adjourned at 6:47 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Special Meeting of May 6, 2019, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2019\05-06-2019 SPECIAL COUNCIL MEETING VDBO MINUTES.wpd Exhibits Exhibit #1 - Presentation - Violation of Dangerous Building Ordinance - 33 South Queen Street Exhibit #2 - Presentation - Violation of Dangerous Building Ordinance - 938 Shank Road

EXHIBIT #1 Special Council Meeting of 05/06/2019 Violation of Dangerous Building Ordinance 33 S Queen Street Planning & Inspections Department Dover, Delaware May 6, 2019

33 S Queen Street Case History  27 code enforcement cases since 2013  Numerous interior code violations found during the last housing inspection which was in 2013.  Tall grass and weeds, junk and debris in yard  Vehicles parked in the yard  The utilities were terminated on February 7, 2016  Registered as vacant by the city on March 17, 2015  Condemned as unfit for human occupancy on July 9, 2013

33 S Queen Street Outstanding Fees  City taxes due of $5,566.97  VBO Registration Fees $7,500.00  Water/Sewer/Utilities $1,528.2

33 S Queen Street Interior code violations  From the housing inspection that in 2013.  Replace door/repair holes in walls  Install window glass/light fixtures  Replace missing smoke detectors  Repair the hot water heater  Clean interior through-out

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Dangerous Building Code – Chapter 22 Article XI, Sec. 22-381 (9) General Welfare. (10) Code Violations. (11) Unoccupied Buildings

Recommended Council Action  Declare this building and all accessory structures on this property dangerous.  Order the property demolished by June 6, 2019 by the owner or equity owner at their own risk.  Order the Building Inspector to cause the demolition of the structures if not completed by the owner within 10 days of the date established by City Council.  Order the City Manager with the assistance of the City Solicitor to cause the cost of demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner.

EXHIBIT #1 Special Council Meeting of 05/06/2019 Violation of Dangerous Building Ordinance 938 Shank Road Planning & Inspections Department Dover, Delaware May 6, 2019

938 Shank Road Case History  22 code enforcement cases since 2000  Numerous grass violations  Vehicles parked in the yard – unregistered & disabled Junk and Debris stored in yard  Was being operated as a rooming house  The utilities were terminated on October 10, 2018  Registered as vacant by the city on October 10. 2018.  Condemned as unfit for human occupancy on September 13, 2017.

938 Shank Road Outstanding Fees  City Taxes $858.56  County Taxes $2,000.12  1st Year VBO Registration Fee $375.00  $50.00 in current grass citations

938 Shank Road Current Condition  Extreme water damage through-out the home. With damage to walls, floors, carpets, furniture.  There is damage to the main sewer lateral which caused the sewage to back into the home. No working plumbing.

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Dangerous Building Code – Chapter 22 Article XI, Sec. 22-381 (9) General Welfare (10) Code Violations (11) Unoccupied Buildings

Recommended Council Action  Declare this building and all accessory structures on this property dangerous.  Order the property demolished by June 6, 2019 by the owner or equity owner at their own risk.  Order the Building Inspector to cause the demolition of the structures if not completed by the owner within 10 days of the date established by City Council.  Order the City Manager with the assistance of the City Solicitor to cause the cost of demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner.

SPECIAL COUNCIL MEETING A Special Council Meeting was held on May 8, 2019 at 5:31 p.m. with Council President Slavin presiding. Members present were Mr. Anderson, Mr. Neil, Mr. Polce, Mr. Hare, and Mr. Lindell. Mr. Sudler and Mr. Cole were absent. Mayor Christiansen was also present. Council staff members present were City Solicitor Rodriguez, Mrs. Mitchell, Mr. Hugg, and Mrs. McDowell. ADOPTION OF AGENDA Mr. Neil moved for approval of the agenda, seconded by Mr. Hare and unanimously carried. Mr. Hare moved to recess into 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. The motion was seconded by Mr. Lindell and unanimously carried. The Special Council Meeting recessed into Executive Session at 5:31 p.m. The Executive Session adjourned at 5:52 p.m. ACTION RESULTING FROM THE EXECUTIVE SESSION Potential Land Acquisition During the executive session, Mrs. Donna Mitchell, City Manager, reviewed the appraisal and other relevant information related to a potential property purchase. Mr. Neil moved to authorize the City Manager to continue to negotiate in the City’s best interest. The motion was seconded by Mr. Hare and unanimously carried. Mr. Hare moved for adjournment, seconded by Mr. Neil and unanimously carried. The Special Council Meeting adjourned at 5:55 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Special Meeting of May 8, 2019 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2019\05-08-2019 - SPECIAL COUNCIL MEETING - ES ACTION (PUBLIC) - Potential Land Acquisition.wpd

ANNUAL COUNCIL MEETING The Annual Council Meeting was held on May 13, 2019 at 7:30 p.m. with Mayor Christiansen presiding. Council members present were Mr. Sudler, Mr. Neil, Mr. Cole, Mr. Polce, Mr. Hare, Mr. Lindell and Mr. Slavin. Mr. Anderson was absent. Staff members present were Police Chief Mailey, Ms. Peddicord, Mrs. Mitchell, Mr. Hugg, Fire Chief Rhodes, City Solicitor Rodriguez, and Mrs. McDowell. The colors were presented by Dover High School Air Force Junior Reserve Officer Training Corps (AFJROTC), followed by the invocation given by Reverend Elmer N. Davis Sr., Whatcoat United Methodist Church and Dover Police Department Chaplain. The Pledge of Allegiance was led by St. John's Lutheran School students and the National Anthem was sung by Crystal Solomon of Dover High School. ADOPTION OF AGENDA Mr. Sudler moved for adoption of the agenda, seconded by Mr. Neil and unanimously carried. Mr. Neil moved for approval of the consent agenda, seconded by Mr. Lindell and carried by a unanimous roll call vote (Anderson absent). ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 22, 2019 The Minutes of the Regular Council Meeting of April 22, 2019 were unanimously approved by motion of Mr. Neil, seconded by Mr. Lindell and bore the written approval of Mayor Christiansen. OATHS OF OFFICE ADMINISTERED BY THE HONORABLE WILLIAM L. WITHAM, JR., RESIDENT JUDGE - SUPERIOR COURT, AND THE HONORABLE KENNETH S. CLARK, JR., JUDGE - SUSSEX COUNTY COURT OF COMMON PLEAS The Honorable William L. Witham, Jr., Resident Judge, Superior Court, and the Honorable Kenneth S. Clark, Jr., Judge, Sussex County Court of Common Pleas, administered the Oaths of Office, as follows: Mayor - Robin R. Christiansen Council - First District - Matthew J. Lindell Council - Second District - Ralph L. Taylor, Jr. Council - Third District - Scott W. Cole Council - Fourth District - Roy Sudler, Jr. ELECTION OF COUNCIL PRESIDENT/VICE-MAYOR Mayor Christiansen opened the floor for nominations for Council President/Vice-Mayor for 2019/2020. Mr. Polce moved to nominate Mr. Hare to serve as Council President/Vice-Mayor for 2019/2020, seconded by Mr. Neil. Mr. Lindell moved to close nominations, seconded by Mr. Neil and unanimously carried.

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 2 The motion to elect William F. Hare to serve as Council President/Vice-Mayor for 2019/2020 was unanimously carried. PROCLAMATION - COMMUNITY ACTION MONTH The City Clerk read the following Proclamation into the record: WHEREAS, for the past 53 years, First State Community Action Agency has improved the lives of scores of individuals and families throughout the City of Dover by promoting solutions to a broad range of challenges. The Agency strives to ignite economic growth and promote economic stability, which builds stronger communities, fosters self-sufficiency, and helps to ensure that all citizens are able to live in dignity; and WHEREAS, First State Community Action Agency has provided greater opportunities for those in need of assistance by creating pathways to prosperity through programs that offer benefits such as job training, affordable housing, and utility assistance for seniors; and WHEREAS, First State Community Action Agency offers innovative solutions that create a greater chance of success for everyone and continues to be a voice for the disenfranchised in our community. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim May 2019 as COMMUNITY ACTION MONTH in the City of Dover in recognition of the hard work and dedication of First State Community Action Agency. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Ms. Bernice Edwards, Executive Director, and Ms. Sade' Truiett, Public Relations Specialist of First State Community Action Agency. PROCLAMATION - PUBLIC WORKS WEEK The City Clerk read the following Proclamation into the record: WHEREAS, our public works professionals focus on infrastructure and services that are of vital importance to sustainable and resilient communities and to the public health, high quality of life and well-being of the people of the City of Dover; and WHEREAS, these infrastructure and services could not be provided without the dedicated efforts of public works professionals of the City of Dover Department of Public Works' Grounds, Sanitation, Streets, Water, Wastewater, Water Treatment and Production, Engineering and Inspections, and Administration Divisions, who are responsible for operating, maintaining, improving and protecting our City's properties and local environment, solid waste systems, rights-of-way, water supply, and water and wastewater systems which are essential for our citizens; and WHEREAS, it is in the public interest for the citizens, civic leaders and children of the City of Dover to gain and maintain knowledge and progressive interest regarding the importance of public works and public works programs in the community; and

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 3 WHEREAS, the American Public Works Association 2019 National Public Works Week theme, "It Starts Here," embraces the fact that citizens' quality of life starts with public works and represents the many facets of our modern community that grow out of the efforts of our public works professionals including infrastructure, growth and innovation, mobility, security, and a healthy community which are of vital importance to the City of Dover. NOW, THEREFORE, I, ROBIN R. CHRISTIANSEN, MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim May 19 - 25, 2019 as PUBLIC WORKS WEEK in the City of Dover, and urge all citizens and organizations to learn more about the topics involved in providing public works, and to recognize the contributions that the dedicated Department of Public Works' employees make every day to our health, safety, comfort, and quality of life. On behalf of the Mayor and Council, Mayor Christiansen presented the proclamation to Mrs. Sharon Duca, Director of Public Works. STATE OF THE CITY MESSAGE - MAYOR ROBIN R. CHRISTIANSEN Mayor Christiansen presented the State of the City address, as follows: “Good evening Mr. President, Honored Members of Council, Staff, and my fellow Doverians. It is again a great honor and extreme pleasure to be able to deliver the address on the State of the City of Dover. Never in my wildest dreams did I ever imagine many years age as a child, when I had the honor of meeting the late Mayor Crawford Carrol, that one day I would stand here as he did - to share with all of you the State of the City of Dover. As Mayor, I believe this is the best job that any public servant could ever have to make a positive difference in the lives of our citizens and in the future of our city. "Service to others" has always been my family's motto passed on to me from my mother and father. That is always the focus of my daily mission. While my father is no longer with us, my mother is - Thanks Mom. A big thank you to my wife Cindy, my children and grandchildren, who assist me with the struggles and celebrate the triumphs of being with me during this journey as Mayor. They do a great job, tolerating the many moods of Robin Christiansen. Thank you. To President Slavin and the Members of Council I salute you for your continued service and your commitment to the citizens of Dover. We may not always agree as a body politic on all of the issues, which we can debate in earnest, but our pledge remains the same to make Dover a better place to live, work and play - not just for one specific district, but also for all of our citizens today and in the future. I also want to recognize ALL City staff who work tirelessly to deliver "community excellence though quality service'. I want to thank our employees in every department for striving for that excellence each and every day.

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 4 Today, I must once again thank one individual who has been an integral part of the Dover Team. Chief Marvin Mailey has served his country, his state and his city for more than 25 years with dedication, integrity and distinction. Please join me in a round of applause for Chief Marvin Mailey who will be retiring at the end of the week. Good luck to the Chief and his family as he sets out on his next life's adventure. Today, we live in a safer city because of Chief Mailey and the men and women of the Dover Police Department. As we move forward with those efforts, we will continue to enlist the assistance from all of our citizens to help us make each and every neighborhood in our city safe and secure. Community policing is a partnership of trust that we must mutually build on each day. I would be remiss not to recognize the dedicated men and women of the Robbin's Hose Company No. 1 - the Dover Fire Department. They are the only all volunteer Fire Department protecting a state capitol city. Thank you all for your service and commitment to saving lives and protecting property. The volunteer firefighters truly are neighbors helping neighbors. Our efforts for Economic Development have and will continue to move forward vigorously. Through partnership with the Kent Economic Partnership, the Greater Kent Committee, our friends at Kent County Levy Court and other municipalities we now have a focused game plan to market Central Delaware as well as the City of Dover to bring jobs to the area so all of our citizens can share in the economic prosperity and the American dream. We likewise will continue to work with the institutions of higher education, Delaware State University, Delaware Technical Community College, University of Delaware, Wesley College and Wilmington University as well as our local school districts to prepare a highly qualified work force, tempered with a positive work ethic for the jobs and industries we hope will choose Central Delaware. We must continue to look for workable and realistic solutions to the issues of affordable housing and the issue of homelessness. The Mayor's Task Force works diligently to do just that and has come up with several recommendations to address this matter; A quick read of those proposals shows that the focus of that effort is to permanently house, counsel and empower people to change their circumstance rather than continue and prolong their unfortunate plight. The State of Delaware spends tens of millions of dollars to aid in the battle of homelessness a year. These are federal and state tax dollars, allocated to the State of Delaware to use as they see fit - this includes programming needs, education, emergency housing and sheltering, food assistance, long term housing solutions and more. No one has all of the answers, but between the efforts that the Mayor's Task Force has made and the dedication of the State of Delaware, we remain confident that this

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 5 most important issue of homelessness and rough sleeping will eventually be resolved. We continue to collaborate with Habitat for Humanity, NCALL and other organizations to build families and build affordable homes for all our citizens. Revitalizing our community - one home at a time. We meet monthly with the IMA (Interdenominational Ministers Association) for the betterment of all our community regardless of race, religion, color or national origin. This dialogue is led by myself, Reverend Ted Henderson and Reverend Rita Paige. This dialogue has developed programs for reentry after incarceration, expungements as well as pardons for people to reenter the main stream of society. Likewise, the IMA has sponsored job fairs to seek jobs for youth, the unemployed and the under employed, through the leadership of Mrs. Justina Brewington - Comer. Another partnership of the City of Dover and its citizens working together for the common good of all. Finally, I am asking Council to join with me and our able staff to end blight and abandoned houses and structures in our city. I am asking for changes in the laws that appear to make the city complacent with blight and its impact on the property values across our great city. I am asking Council to put more teeth in those regulations and ordinances, to streamline and expedite that process. I am asking that we hold private owners, banks and mortgage companies accountable for the conditions of their holdings. I am asking that we expedite this process. Instead of it taking years to months, it needs to be a matter of days to resolve these dangerous structures. I request your consideration to increase funding for demolition of properties that are uninhabitable and dangerous in our community. I am asking that in return, staff utilize the funds that are budgeted annually to move demolition of these buildings forward rapidly and that the Inspections Department be staffed as needed to that end. I would encourage an independent review board to handle the disposition of those properties. We need to show the citizens of Dover that we are truly committed to looking out for our community. This we must do and we must do in good faith and we must do this now. The City of Dover is a thriving community. Our City is filled with history, beauty and promise and has so much potential for each of us to share with others. Please join me in the next chapter of this great adventure called Dover. Three hundred and two years young and still growing strong - a city whose best days are ahead of us. I know some people tire of hearing this - but I believe in Dover ... and I hope you believe in Dover too.” COUNCIL COMMITTEE OF THE WHOLE REPORT - APRIL 23, 2019 The Council Committee of the Whole met on April 23, 2019 at 6:09 p.m. with Councilman Hare presiding until the arrival of Council President Slavin (arrived at 6:17 p.m.). Members of Council present were Mr. Anderson, Mr. Neil, and Mr. Polce. Mr. Sudler, Mr. Cole, and Mr. Lindell were absent. Mayor Christiansen was also present. Civilian members present for their Committee meetings were and

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 6 Mrs. Haass (Utility), and Mr. Shevock (Legislative, Finance, and Administration). Mrs. Doyle (Utility) was absent. By unanimous consent, the agenda was amended to reverse the order of the committees. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee met with Chairman Hare presiding. AGENDA ADDITIONS/DELETIONS Mr. Neil moved for approval of the agenda, seconded by Mr. Polce and unanimously carried. Proposed Resolution No. 2019-06 Authorizing the Issuance and Sale of up to $5,700,000 General Obligation Bond of the City of Dover to Refinance Certain Prior Debt and Authorizing All Necessary Action in Connection Therewith Ms. Lori Peddicord, Controller/Treasurer, reviewed proposed Resolution No. 2019-06 Authorizing the Issuance and Sale of up to $5,700,000 General Obligation Bond of the City of Dover to Refinance Certain Prior Debt and Authorizing All Necessary Action in Connection Therewith. Staff recommended adoption of Resolution No. 2019-06. Mr. Neil noted that a refinancing typically results in a savings and asked what kind of savings this refinancing would mean to the taxpayers. In response, Mrs. Peddicord stated that she did not have the savings broken out; however, since the assumption is that the rates are going to continuously increase and the 2014 bond is a variable rate bond, there would be a savings over the remaining life of the bond if the City can lock in the rate at 2.5%. Responding to Mr. Anderson, Mrs. Peddicord stated that she believed the rate for the 2012 bond was 2.6% and she thought the new rate would be close to that. In response to Mayor Christiansen, Mrs. Peddicord confirmed that no paper certificates of the bonds would be issued, they are all book entry. Mr. Polce stated that he appreciated staff’s due diligence regarding this matter, noting that he thought it would be advantageous to consolidate these bonds. The Committee recommended adoption of Resolution No. 2019-06, as recommended by staff. By consent agenda, Mr. Neil moved for approval of the Committee's recommendation, seconded by Mr. Lindell and carried by a unanimous roll call vote (Anderson absent).

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 7 Downtown Dover Business Improvement District (BID) Budget and Assessment (Tax) Rates for Fiscal Year 2019-2020 Mrs. Cheryl Bundek, Tax Assessor, advised members that staff recommended deferring consideration of the Proposed Budget and Assessment (Tax) Rates for Fiscal Year 2019-20 until the next Council Committee of the Whole/Legislative, Finance, and Administration Committee meeting. Mr. Anderson noted his belief that the current rate was set to zero and asked to see that brought into the comparison when this matter is brought forward for consideration. The Committee deferred consideration of the Proposed Budget and Assessment (Tax) Rates for Fiscal Year 2019-20 until the next Council Committee of the Whole/Legislative, Finance, and Administration Committee meeting. Proposed Amendments to Employee Handbook - Part-Time Employment Hours and Benefit Eligibility Mrs. Kim Hawkins, Human Resources Director, reviewed the proposed amendments to the Employee Handbook regarding part-time employment hours and benefit eligibility. Staff recommended approval of the Personnel Handbook amendments to provide the ability for non-bargaining part-time positions to work up to 29 hours per week. Responding to Mr. Neil, Mrs. Hawkins explained that employees who currently work less than 40 hours per week are technically considered part-time. She advised that employees who work 20 hours per week are entitled to sick and vacation time and, if they take off a shift, the City has to backfill four (4) hours, so the City typically keeps part-time employees at 19 hours per week. In response to Mr. Hare, Mrs. Hawkins confirmed that employees working 29 hours per week would still not be eligible for health insurance, or sick or vacation leave. She stated that, by law, they would still be covered by worker’s compensation leave. Mr. Anderson stated that he thought this was a good proposal, noting that he thought it would help with staff coverage in certain critical divisions, like the Police Cadets. He explained that he thought this would provide more security for the people of the City, and it works well within the Federal standards. He asked that future consideration be given to grant part-time employees eligibility for bereavement leave, noting that it would not cost the City money like vacation time and is not something that accumulates. Mrs. Hawkins stated that she thought Mr. Anderson brought up an excellent point, and advised members that this amendment would affect the six (6) cadets currently budgeted for, as well as three (3) employees at the recreation center and three (3) employees at the Library.

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 8 Mr. Hare stated that he thought that this would be beneficial for those employees because they would be able to earn more money by being able to work 29 hours. He noted that although they would not have benefits, they did not have them before. In response, Mrs. Hawkins reminded members to keep in mind that these employees were hired with the assumption that they would be working 19 hours, so some of them may only want to work 19 hours; however, this amendment would give them the option to work up to 29 hours if they want to. She stated that she would not recommend terminating a current employee to find someone who wants to work 29 hours. Mayor Christiansen stated that he thought this amendment was a great idea and expressed his hope that Council would endorse it. He noted that during the recruitment process for cadets, they had found that some of them were interested in working more hours than the City would allow. Mayor Christiansen stated that this amendment would allow the cadets to work more hours, which would result in more coverage. The Committee recommended approval of the Personnel Handbook amendments to provide the ability for non-bargaining part-time positions to work up to 29 hours per week, as recommended by staff. By consent agenda, Mr. Neil moved for approval of the Committee's recommendation, seconded by Mr. Lindell and carried by a unanimous roll call vote (Anderson absent). UTILITY COMMITTEE The Utility Committee met with Council President Slavin presiding in the absence of Chairman Cole. Evaluation of Bids - Generator Maintenance Mrs. Sharon Duca, Public Works Director, reviewed the background and analysis for the evaluation of bids for generator maintenance. Staff recommended awarding a three (3) year contract with the option for two (2) one (1) year extensions to Roy's Electric, Inc. as per the bid submitted in response to ITB #19-0016COD. The Committee recommended approval of staff’s recommendation. By consent agenda, Mr. Neil moved for approval of the Committee's recommendation, seconded by Mr. Lindell and carried by a unanimous roll call vote (Anderson absent). By consent agenda, Mr. Neil moved for acceptance of the Council Committee of the Whole Report, seconded by Mr. Lindell and carried by a unanimous roll call vote (Anderson absent).

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 9 MONTHLY REPORTS - MARCH 2019 By motion of Mr. Neil, seconded by Mr. Lindell, 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 Fire Chief's Report Police Chief's Report QUARTERLY REVUE - CAPITAL INVESTMENT PLAN (CIP)(JANUARY, FEBRUARY, AND MARCH) Members were provided the Quarterly Capital Investment Plan (CIP) as of March 31, 2019. By consent agenda, Mr. Neil moved for acceptance of the Quarterly Capital Investment Plan (CIP) as of March 31, 2019. The motion was seconded by Mr. Lindell and carried by a unanimous roll call vote (Anderson absent). SETTING OF PUBLIC HEARING - ELECTRIC FUND BUDGET A public hearing on the Electric Revenue Fund Budget is required for compliance with the City of Dover Electric Revenue Bonds Resolution prior to adoption of the budget. Staff recommended that the public hearing be set for June 10, 2019 at 7:30 p.m. Mr. Neil moved to set a public hearing for June 10, 2019 at 7:30 p.m. for the 2019/2020 City of Dover Electric Fund Budget, seconded by Mr. Polce and unanimously carried. 2019/20 CITY COUNCIL ANNUAL STAFF APPOINTMENTS By consent agenda, Mr. Neil moved for approval of the Staff Appointments for 2019/2020, seconded by Mr. Lindell and, by a unanimous roll call vote (Anderson absent), the following appointments were made: City Assessor - Cheryl A. Bundek Building Inspector - David S. Hugg III City Clerk - Traci A. McDowell Assistant City Clerk - Denise L. Devine Controller/Treasurer - Lori Peddicord Assistant Controller/Treasurer - Kimberly A. Cruz Assistant Treasurers - Denise L. Devine - Traci A. McDowell Fire Marshal - Jason A. Osika City Solicitor - Nicholas H. Rodriguez Deputy City Solicitor - William W. Pepper, Sr.

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 10 2019/20 COUNCIL PRESIDENT ANNUAL APPOINTMENTS By motion of Mr. Hare, seconded by Mr. Cole, the 2019/2020 Council President Annual Appointments were unanimously deferred and current members were requested to continue serving until the appointments/reappointments are made. 2019/20 MAYORAL ANNUAL APPOINTMENTS By consent agenda, Mr. Neil moved to defer the 2019/20 Mayoral Annual Appointments until May 28, 2019. The motion was seconded by Mr. Lindell and carried by a unanimous roll call vote (Anderson absent). RESOLUTION NO. 2019-07 AUTHORIZING SIGNATURES FOR BANKING SERVICES ON BEHALF OF THE CITY OF DOVER, DELAWARE - CONTROLLER/TREASURER, ASSISTANT CONTROLLER/TREASURER, AND ASSISTANT TREASURERS By consent agenda, Mr. Neil moved for adoption of Resolution No. 2019-07. The motion was seconded by Mr. Lindell and, by a unanimous roll call vote (Anderson absent), Council adopted the following Resolution: A RESOLUTION APPROVING THE 2019 COMMUNITY DEVELOPMENT BLOCK GRANT ACTION PLAN WHEREAS, the City of Dover is entitled to $282,307 through the United States Department of Housing and Urban Development Community Development Block Grant program; and WHEREAS, the City of Dover has prepared the 2019 Action Plan, in accordance with the United States Department of Housing and Urban Development guidelines, that serves as the primary planning document for identifying and meeting the housing and community development needs for the low and moderate-income residents of Dover; and WHEREAS, the City of Dover is in favor of utilizing the Community Development Block Grant funds for the community development purposes in accordance with the National Community Development objectives of benefiting low and moderate income families, eliminating slums and blight, and meeting other community development objectives; and WHEREAS, the United States Department of Housing and Urban Development requires the City of Dover to submit a Consolidated Plan and an Action Plan for Application for Federal Assistance including the proposed use of funds and including certain certifications and policies to obtain its $282,307 entitlement; for eligible activities; and NOW, THEREFORE BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF DOVER APPROVE THE 2019 Community Development Block Grant Action Plan and application for Federal Assistance included in the Action Plan, along with certifications and policies attached and authorize its forwarding to the United States Department of Housing and Urban Development for consideration. ADOPTED: MAY 13, 2019

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 11 FINAL READING - PROPOSED ORDINANCE #2019-10 The First Reading of the Proposed Ordinance was accomplished during the Council Meeting of April 22, 2019. Council President 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. Neil moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Lindell and unanimously carried. By motion of Mr. Sudler, seconded by Mr. Neil, Council, by a unanimous roll call vote (Anderson absent), adopted Ordinance #2019-10, as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 90 - Solid Waste, of the Dover Code, be amended by inserting the text indicated in bold, blue, font and deleting the text indicated in red strikeout as follows: Chapter 90 - SOLID WASTE[1] Footnotes: --- (1) --- Charter reference – Power of city to legislate for health, safety and welfare of community, subpart A, §§ 2, 17. State Law reference – Refuse generally, 16 Del. C. § 1701 et seq. Sec. 90-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alley means any public way, generally of less width than a street, used for public utility purposes and right-of-way, and as an alternate secondary or emergency route for vehicle and pedestrian traffic, generally situated at the rear of or along side a tier of lots. Apartment means a suite or set of rooms, with necessary appurtenances, in a building occupied or suitable to be occupied as a dwelling unit. Apartment complex means an assemblage of large multiple dwelling unit buildings located in zones RG-2 and RG-4 as defined by appendix B to this Code pertaining to zoning. Apartment house means an owner-occupied dwelling unit with apartments, or a building, formerly a residence, converted into apartments. Automated Collection means the use of fully- or semi-automated mechanized lift collection vehicles with authorized containers.

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 12 Building code means the current edition of the city building code, adopted in article III of chapter 22. Bulk residential household waste means materials too bulky to fit in city issued solid waste containers permitted in Section 90-4. Bulk residential yard waste means yard waste material too bulky to fit in private yard waste containers permitted in Section 90-4. Commercial establishment means any structure intended or used for the purpose of conducting a commercial business enterprise. Container means a receptacle for the deposit of solid waste. Drive-in service means a service involving city sanitation department employees driving in or on private property to collect commercial accounts. Duplex means a structure intended for use and occupancy as two-family dwelling units. Dwelling unit means a dwelling unit as defined by the city's building code (article III of chapter 22). Food establishment means a café, restaurant, or other similar establishment serving food or food products, including quick service drive-ins where food is prepared or served. Garbage means solid waste consisting of putrescible animal and vegetable waste materials resulting from the handling, preparation, cooking and consumption of food, including waste materials from markets, storage facilities, handling and sale of produce and other food products. Health inspector means the head of the health department, or anyone authorized to act for him. Illegally dumped solid waste means any solid waste placed on properties, with or without the consent of the owner or person in control, where such waste constitutes a nuisance detrimental to the public health and welfare. Industrial solid waste means waste that is generated by businesses from an industrial or manufacturing process. Institution and institutional mean any church, church building or structure housing any charitable, philanthropic or eleemosynary undertaking, or any school, or any publicly owned or governmental building. Manager means the person in charge of real estate used for apartment, institutional or commercial purposes. Manual collection means the service rendered in collecting municipal solid waste from containers, when containers can be handled by persons picking up the containers as distinguished from automated collection.

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 13 Municipal solid waste and solid waste mean solid waste resulting from or incidental to municipal, community, trade, business, and recreational activities, including garbage, rubbish (or trash), and all other solid waste, other than industrial solid waste. Newsprint means a common and inexpensive machine-finished paper made chiefly from wood pulp, including, but not limited to, newspapers, magazines, periodicals, telephone books and catalogues. Occupant means the person residing in a dwelling unit, specifically the head of such household. Owner means the record title holder of real property. Permittee means any person licensed by the state solid waste authority to contract to collect, remove or dispose of solid waste. Property line means the peripheral boundary of real estate. Public easement means a right-of-way used or dedicated to be used by any public utility, including, but not limited to, services such as electricity, telephone, gas, solid waste collection, water, sewer and drainage. Public way means any street, alley, easement or other right-of-way. Recyclable Material or Recyclables means any material or group of materials that can be collected and sold or used for recycling as designated by the Delaware Solid Waste Authority and/or State of Delaware. Recycling means the process by which solid wastes are separated for use as raw materials, product or replacement of product. Residence means a structure intended for use and occupancy as a one-family dwelling unit. Rubbish and trash mean all waste or refuse of any kind, including garbage, either combustible or noncombustible in nature, having little or no value except as waste or refuse. Sanitary landfill means a method of disposing of municipal solid waste on land, without creating a nuisance or hazard to public health or safety, by utilizing the principles of engineering to confine the solid waste to the smallest practical area to reduce it to the smallest practical volume, and to cover it with a layer of earth at appropriate intervals. Street means any public thoroughfare for the passage of vehicle and pedestrian traffic. Vehicle means any wheeled conveyance. Yard waste means plant material residues resulting from lawn maintenance and other horticultural gardening and landscaping activities including grass, leaves, prunings, brush, shrubs and garden material provided that trunks and limbs do not exceed three inches in

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 14 diameter and are cut in lengths not to exceed four feet. Leaves are considered yard waste except during times leaf collection is provided as scheduled by the city manager or his/her designee. Yard waste may not be comingled with trash, garbage or any other non-yard waste material. (Code 1981, § 8-1; Ord. of 5-24-1982) Sec. 90-2. - Unlawful deposits. (a) On outside premises. It shall be unlawful for any person to place, deposit, discard, or otherwise cause to be put yard waste garbage, rubbish, or any other type of waste on any outside premises within the city, whether public or private, in such a manner as to cause unsanitary, unsightly, or unhealthy conditions, except at such places as are, have been, or shall be designated by the city manager, and except in accordance with other provisions of this chapter. For the purposes of this subsection, the term "outside premises" includes, but is not limited to, streets, alleys, sidewalks, ditches, yards, lots, fields, streams, and exterior portions of buildings. (b) Inspections; citations. The city code enforcement officer shall regularly inspect all outside premises to enforce the provisions of subsection (a) of this section. The city code enforcement officer shall issue citations for violations hereof and may abate such conditions pursuant to the provisions of the Charter and this Code. © Removal. The city reserves the right to remove waste determined by the code enforcement officer to cause unsanitary or unhealthy conditions or cause a public nuisance should the owner, occupant or person notified fail to remove the waste and address the public concern in an expedient fashion. In such cases the owner, occupant or person notified will be billed for the waste removal. (d) Prosecution; presumptions. In the prosecution of a violation of subsection (a) of this section, the following presumptions shall apply: (1) Owner, occupant. If the condition resulting from the violation was found on premises owned and/or occupied by the person to whom notice was given, then it shall be presumed that said owner and/or occupant was responsible for said condition. If the person to whom notice was given fails to notify the city code enforcement officer that he or she is not responsible for said condition within seven days of the sending of the notice, then it shall be presumed that the said person notified was in fact responsible for said conditions not being removed. The presumptions described above are rebuttable by the person charged and must be rebutted by a preponderance of the evidence in order for the person so charged to be exonerated. (2) Multiple dwelling units. If the condition resulting from the violation was found on the property whereon multiple dwelling units exist and the party actually committing the violation cannot with reasonable certainty be determined, then it shall be presumed that the owner or manager of the subject premises, upon being given notice, is the party responsible for ensuring that the condition is removed from the premises.

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 15 (Code 1981, § 8-2; Ord. of 5-24-1982) Sec. 90-3. - Litter, trash, or garbage falling from vehicles. It shall be unlawful for any person engaged in commercial or for-hire hauling to operate any truck or other vehicle within the limits of the city to transport litter, trash, or garbage unless said vehicle is covered to prevent its contents from blowing, dropping or falling off or otherwise departing from the vehicle. In addition, any person operating his own truck or other vehicle to transport litter, trash or garbage shall take reasonable steps to prevent its contents from blowing, dropping or falling off or otherwise departing from the vehicle, provided, no vehicle hauling predominately metallic material shall be required to be covered if it is loaded in a manner which will prevent such material from falling or dropping from the vehicle. (Code 1981, § 8-3; Ord. of 5-24-1982) Sec. 90-4. - Containers generally. (a) Duty to provide. Every person occupying a residence or duplex and every owner of an apartment shall provide such premises with city issued solid waste containers for automated collection unless such premises is otherwise designated by the city manager, or his/her designee, to be located in an area designated for manual collection. Solid waste containers placed out for collection shall be done so in such a manner as to not overload the capacity of the containers. Occupants of residences or duplexes and owners of apartments requesting yard waste collection shall provide their own containers for manual collection, not to exceed 35 gallons in size. A maximum of 5 yard waste containers may be placed for collection. Yard waste placed in plastic bags will not be collected. (b) Construction. Solid waste containers shall be watertight and constructed of a solid and durable grade of plastic material. Plastic bags may be used as solid waste containers, provided they conform to the requirements of subsection (h) of this section. © Weight. In the case of those containers which are manually emptied by the sanitation department employees of the city, the combined weight of the waste and container shall not exceed 75 pounds. Containers exceeding these requirements will not be collected. (d) Underground. Underground containers are prohibited for use in the city. (e) Handles; cover. All containers for manual collection, except plastic bags, shall be provided with suitable lifting handles on the outside and a close-fitting or other approved cover equipped with a handle, and shall not exceed 35 gallons. (f) Condition. Containers shall not contain any inside structures, such as bands or reinforcing angles, or anything within the container to prevent the free discharge of the contents. Containers that have deteriorated or that have become damaged to the extent that the covers therefor will not fit securely or that they have jagged or sharp edges capable of causing injury to sanitation department employees or other persons whose duty it is to handle such containers shall be condemned by the city. City issued solid waste containers

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 16 will be replaced by the city as required. Private yard waste containers must be replaced by the owner or user. If such containers are not replaced after notice to the owner or user, such containers will be removed along with the contents thereof. (g) Lid. The lid shall be close-fitting and shall remain in place, covering the container or receptacle at all times when there is any material in the container. (h) Plastic bags. Plastic bags shall be constructed of a material and in a manner sufficiently adequate in strength and weight to keep the contents from rupturing such bags. All plastic bags shall be secured at the top to prevent spillage. Plastic bags shall be used to place trash in solid waste containers and in designated manual collection areas. A maximum of 5 plastic bags may be placed for manual collection. Yard waste may not be placed out for collection in plastic bags. (Code 1981, § 8-4; Ord. of 5-24-1982) Sec. 90-5. - Removal of bulky materials, refuse, and leaves. (a) Bulky materials. Bulk residential household waste and bulk residential yard waste shall be collected on a schedule set forth by the city manager or his/her designee. Piles placed out for collection shall not exceed 4 feet wide by 4 feet tall by 8 feet long. Piles shall be placed at or just behind the face of the curbline. Piles shall not be placed directly under power lines or against buildings or fences which would prohibit and/or impede collection. Materials set out for collection that are not in accordance with the designated schedule or size parameters will not be collected without being first assessed, by the city manager or his/her designee, a charge appropriate to the cost of providing the service. (b) Refuse. (1) Depositing prohibited. It shall be unlawful and a nuisance for any person to throw, deposit or wash, or permit to be thrown, deposited or washed, any advertising matter, paper, rubbish, refuse, garbage, grass clippings, yard waste etc., or other offensive matter, upon any street or other public place or in or upon any private property, except as otherwise provided in subsection (b)(2) of this section. (2) Exception. The placing of leaves in the city streets is prohibited, except during leaf collection scheduled by the city manager. (3) Duty to remove. It shall be the duty of any person violating the provisions of this subsection (b) to immediately remove the unlawfully deposited rubbish, garbage, refuse, or other offensive matter upon notification by the city manager or his/her designee. (Code 1981, § 8-5; Ord. of 5-24-1982) Sec. 90-6. - Noncollectible items.

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 17 (a) Generally. The scope of the service rendered by the city's sanitation department in the collection and removal of solid waste materials is intended, in general, to serve the needs of dwelling units and their directly related activities, operating businesses, and commercial establishments, except as exempted from the provisions of this chapter. It is considered to be beyond the scope of such service to collect or remove solid waste materials generated by clearing, construction, demolition and other such solid waste materials resulting from an activity beyond the scope described above. (b) Enumerated. The following solid wastes shall not be collected and removed by the sanitation department as a regular service: (1) Construction wastes, etc. Rock, scrap building materials or other trash resulting from construction, remodeling or destruction by fire, the elements, acts of God or other causes resulting from a general cleanup of vacant or improved property or trees, yard waste and/or debris cleared from the property in preparation for construction or occupancy, and such materials shall be properly removed at the expense of the owner or developer. (2) Industrial wastes. Industrial wastes resulting from manufacturing or processing operations, including waste from food and vegetable produce houses, poultry dressing establishments, meat processing and meat packing plants, and such wastes must be properly disposed of by the owner or occupant of the building, business or premises where such wastes originate in the manner prescribed by state law and any other applicable ordinance. The city manager shall determine what wastes fall within this industrial classification. (Code 1981, § 8-6; Ord. of 5-24-1982) Sec. 90-7. - Collection schedule. Except as provided in section 90-10, the city manager shall, in his/her discretion, divide the city into districts and shall schedule the collection of solid waste in those districts on the day or days and at the time or times that shall be most efficient and convenient. Adequate notice of the collection schedules shall be given to the residents of the city. (Code 1981, § 8-7; Ord. of 5-24-1982) Sec. 90-8. - Collection from residences, duplexes, and apartment houses. (a) City or contractor. All collection of solid waste materials from residences, duplexes or apartment houses shall be by city sanitation department crews or contractors hired or contracted by the city, and such service shall not be performed through any other person. (b) Placing container generally. It shall be unlawful for any person to place any solid waste container within any alley or any public utility easement or public way, except on

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 18 designated collections days at or just behind the face of the curbline, or rear lot line if serviced by an alley. Clear space of 3 feet shall be provided around each container. © Fences. In the event a fence is constructed with an inset space for the placement of solid waste containers outside the fence, but inside the lot line, containers placed therein shall be protected from overturn or spillage by a rack. (d) Container at or behind curbline. Where a residence, duplex or apartment house is not served by an alley, public utility easement or other public way in the rear or alongside thereof, all containers shall be placed at or just behind the face of the curbline of the street abutting such property, but shall not be placed where the containers will interfere with vehicular or pedestrian traffic. (e) When containers placed. Where solid waste is collected from the front or side street, containers shall be placed no earlier than 7:00 p.m. the evening before collection day and shall be removed to a point at the side or rear of the structure not later than 8:00 p.m. of the day of collection. The city manager can modify the hours when special conditions exist. (f) Placement approved by city manager. Solid waste containers shall be placed at locations and under such conditions approved by the city manager for collection service by the sanitation department. (Code 1981, § 8-8; Ord. of 5-24-1982; Ord. of 10-9-1995) Sec. 90-9. - Collection of rubbish, trash or yard waste from residences, duplexes, and apartment houses. (a) Where placed generally. Rubbish, trash or yard waste normally shall be collected from residences, duplexes and apartment houses from the alley, when it is paved, and from the street, when the alley is not paved or when no alley exists or it is not serviceable. (b) Property line. Where rubbish, trash or yard waste is collected from the alley, public utility easement or public way and not from the street, all rubbish, trash or yard waste shall be placed at the property line, but shall not be placed inside the alley, easement or public way in such a manner as to obstruct or interfere with vehicular or pedestrian traffic. © Collection from street. Where rubbish, trash or yard waste is not collected from the alley, public utility easement or other public way, but is collected from the street, it shall be placed at or just behind the face of the curbline of the street abutting the premises, but shall not be placed in the street or on the sidewalk in such a manner as to obstruct or interfere with vehicular or pedestrian traffic. (d) Excessive yard waste. Where the quantity of yard waste set out for collection is excessive, the city manager shall determine the amount of yard waste to be collected at any one time, the day of its collection and any other matters pertaining to yard waste collection in order not to disrupt normal service to other premises.

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 19 (e) Small, loose items. Rubbish or trash consisting of small, loose items shall be placed in an approved container. (f) Boxes, cartons. All boxes and cartons must be broken down and bundled, and no bundle shall exceed 50 pounds in weight for recycling collection by the city. Bundles must be placed along the curbline and may not be placed next to solid waste or recycling containers. (g) Charge for collection. The city manager shall set a charge appropriate to the cost of providing the service where the quantity or type of trash, rubbish or yard waste is determined to be excessive or not within the definition of the terms "garbage" and "rubbish" as set forth in section 90-1. (Code 1981, § 8-9; Ord. of 5-24-1982; Ord. of 10-9-1995) Sec. 90-10. - Collection from apartment complexes, institutions and commercial establishments. The manual collection and removal of solid waste materials from apartment complexes, institutions and commercial establishments shall be performed by city sanitation department crews only where the containers conform to the requirements of containers for residential, duplex or apartment house collection service. Apartment complexes, institutions and commercial establishment will be provided a maximum of 2, 90 gallon solid waste containers and 2, 90 gallon recycling containers. Where larger or additional waste containers are required, the owner or occupant of the premises must dispose of solid waste materials through his own efforts and at his own expense, or may contract with persons who are permitted to collect and remove solid waste materials. The placement of containers for collection from apartment houses, institutions, and commercial establishments in the city shall be as approved by the city manager or his/her designee. (Code 1981, § 8-10; Ord. of 5-24-1982) Sec. 90-11. - Collection from downtown areas. (a) Containers; time of placement, removal. The collection of solid waste materials from the downtown area as described in subsection (d) of this section shall be governed by all the provisions of this chapter pertaining to apartments, institutions, and commercial establishments, except as follows. For locations receiving automated collection, no solid waste materials or containers of any kind shall be placed for collection on the public streets, sidewalks, alleys or easements of the city prior to 6:00 a.m. on the day of collection. For locations receiving manual collection, no solid waste materials or containers of any kind shall be placed for collection on public streets, sidewalks, alleys or easements prior to 5:00 p.m. on the day of collection. (b) Application of chapter. Where collection service is furnished by the city to these premises, all provisions of this chapter which are applicable to residences and duplexes shall apply.

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 20 © Placement in public way. At any of the establishments in the downtown area where there is insufficient space between any structure and the alley property line, the easement property line, or street property line to permit the placing of waste containers as required by the provisions of this chapter relating to residences and duplexes, the containers may be placed in such public way at the very boundary thereof so as to permit the passage of pedestrian and vehicular traffic, or at a time other than as set out in subsection (a) of this section, subject to the approval of the city manager. (d) Boundaries. The downtown business area shall include that area bounded by the Loockerman Street Bridge on the east, and the Delmarva Central (nfa Norfolk Southern) Railroad on the west, North Street on the south and Reed Street on the north. (Code 1981, § 8-11; Ord. of 5-24-1982) Sec. 90-12. - Automated collection. (a) Application of chapter. This section shall apply only to automated collection provided by the city sanitation department. All other sections of this chapter shall remain in force and effect, unless inconsistent with the provisions of this section. (b) Containers required. The city shall provide 90 gallon containers for this type of refuse collection. Use of any other type container than provided by the city is prohibited. Items piled against the container, as well as the container, will not be picked up, nor will containers not provided by the city. © Container ownership. Solid waste containers for automated collection shall be provided free of charge and shall be owned by the city at all times. (d) Lost, stolen or damaged containers. Customers shall be required to care for each container as if it were their own and to protect it against damage or loss. All lost containers must be replaced at the expense of the property owner, or customer at the expense of the same. Stolen containers shall be replaced by the city, without charge, if such theft is reported to the police department and verified by the police department as being a stolen container, provided that the city manager, at his/her discretion, may refuse to replace stolen containers where it appears that the customer did not protect the same or where the customer has turned in more than one recent complaint of theft of the container. Damaged containers shall be replaced by the city unless the damage is due to negligence, abuse or failure to care for the container by the customer and the decision of the city manager in this regard shall be binding. Containers damaged by the negligence, abuse or failure of care of the customer shall be replaced at the expense of the customer. The customer is responsible for keeping the container clean at all times and the city may decline pickup for failure to have the container clean. The city will not replace containers relating to cleanliness or odor concerns. (e) Permitted refuse in solid waste containers. The following refuse may be placed in the container:

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 21 (1) Normal household trash. (2) Normal garbage. (f) Prohibited refuse in solid waste containers. The following refuse may not be placed in the containers: (1) Large limbs, grass, leaves, small hedge and brush trimmings and yard waste of any kind. (2) Hot ashes. (3) Flammable items. (4) Chemicals. (5) Corrosive solvents. (6) Paint. (7) Construction, demolition or remodeling debris. (8) Concrete, dirt or plaster. (9) Appliances or furniture which will not allow the container lid to close. (10) Any items of any nature whatsoever that do not allow the container lid to close. (g) Permitted material in recycling containers. The following material may be placed in the container: (1) Newsprint, paper board boxes, corrugated cardboard, telephone books, junk mail, office paper. (2) Rigid plastic, and plastic bottles and containers. (3) Aluminum and metal cans. (4) Glass bottles and jars. (5) Materials as directed by the State of Delaware. (h) Prohibited material in recycling containers. The following materials may not be placed in the containers: (1) Large limbs, grass, leaves, small hedge and brush trimmings and yard waste of any kind.

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 22 (2) Normal household trash, garbage and food waste. (3) Styrofoam, ceramics, window glass, mirrors, clothing, textiles and electronics. (4) Hot ashes. (5) Flammable items. (6) Chemicals and chemical containers. (7) Corrosive solvents and containers. (8) Paint and containers. (9) Construction, demolition or remodeling debris. (10) Concrete, dirt or plaster. (11) Any items of any nature whatsoever that do not allow the container lid to close. (I) Container placement for pickup on streets. After 7:00 p.m. of the evening before the day of collection or before 7:00 a.m. on the day of collection, the container must be placed at or just behind the face of the curbline or edge of the street in front of the house. It must be placed so that clear space of 3 feet shall be provided around each container so it will be clear of all parked vehicles, trees or other obstructions. The handle and wheels must be pointed away from the street (toward the curbline). After the container has been emptied, it must be moved back to its storage place not later than 8:00 p.m. on the day of collection. (j) Container placement for pickup in alleys. Containers authorized for alley pickup shall be placed at the property line along the edge of the alley, easement or public way and shall be at the normal alley ground level. The handle and wheels must be pointed away from the alley. (k) Container placement for pickup during periods of heavy snow. During periods of heavy snow, the container must be placed so that the collection vehicle can have clear access to the container, unobstructed by snow banks, unplowed or unshoveled snow, etc. In the event trash collection is suspended by the city manager, containers must be removed from the street or alley. (Code 1981, § 8-11.1; Ord. of 12-28-1987; Ord. of 10-9-1995) Sec. 90-13. - Rules and regulations. The city manager is hereby authorized to make additional reasonable rules and regulations for the administration of the solid waste collection for services of all types performed in the city, provided that no such regulations and rules contravene the specific provisions of this chapter and are in no way inconsistent with the established policies of the city council.

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 23 (Code 1981, § 8-13; Ord. of 5-24-1982) Sec. 90-14. - Nonresident refuse deposits. It shall be unlawful and a nuisance for any nonresident of the city to deposit, place or abandon any advertising material, paper, rubbish, refuse, garbage, grass clippings, yard waste, etc., or other offensive matter within the limits of the city for trash collection by the city or otherwise. (Code 1981, § 8-14; Ord. of 8-23-1982) Sec. 90-15. – Rates and Billing Procedures. (a) Rates. The city council shall designate certain reasonable rates to be paid for the collection of refuse in certain areas, which rates shall be set each year at the time of establishing the annual budget, and which rates shall apply for that year and for the area designated by the council. The city manager shall bill residents in accordance with the rates established by the council and shall be in charge of collecting these charges. In case of delinquencies, the delinquent amount shall become a lien in accordance with state law. (b) Billing Procedures. All in-city customers of residences, duplexes and apartment houses with active utility accounts must have sanitation services included in the list of active services for the account. (Code 1981, § 8-16; Ord. of 3-13-1989) Sec. 90-16. - Violations; penalties. Any person convicted of violating any provision of this chapter shall be fined in an amount as provided for in Appendix F—Fees and Fines, and if the violation amounts to an unlawful deposit of rubbish, refuse or other offensive matter in the corporate limits of the city, he shall be directed to remove the same, and in the event of his failure to do so, the offensive matter shall be removed by the city at the expense of the violator. Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. (Code 1981, § 8-15; Ord. of 8-23-1982; Ord. of 9-22-2003; Ord. No. 2009-09, 6-22-2009) ADOPTED: MAY 13, 2019 CITY MANAGER'S ANNOUNCEMENTS Mrs. Donna Mitchell, City Manager, expressed her appreciation for the Public Works Department during National Public Works Week. COUNCIL MEMBERS' ANNOUNCEMENTS Mr. Lindell thanked his family for their support throughout his service on City Council. He also advised that the past week was Teacher Appreciation Week and noted that he thought they could all thank a teacher for them being there. Mr. Lindell recognized two of his teachers in the First District from Smyrna High School, Mr. Michael Myers, his criminal justice teacher his junior year of high

ANNUAL CITY COUNCIL MEETING OF MAY 13, 2019 PAGE 24 school and Ms. Marge Schuman, his freshman year geography teacher. He also mentioned his 11th grade pre-calculus teacher who is in her 50th year of teaching at Smyrna High, Ms. Meek. Mr. Lindell thanked Councilman Slavin for his service as Council President. He noted that, coming in as a new member, he was always supportive and sat down and gave him the lay of the land. Mr. Lindell stated that he appreciates the way Mr. Slavin ran meetings in a good, fair, and firm way. Mr. Cole announced that the 7th Annual Bike Tour and bike to work would take place on May 15th beginning with a ceremony at 7:30 a.m. at the Dover Public Library. Mr. Cole, having two school-aged children, advised that City of Dover Parks and Recreation, Wesley College, Del Tech, and Kent County Parks and Recreation have an awesome array of affordable summer camps available. Mr. Taylor thanked Mr. Hare for his tutelage over the years, his Lord and Savior Jesus Christ for all of the blessings, and his wife who has tolerated him and his political aspirations. He also congratulated Chief Mailey on his retirement. Mrs. Mitchell, City Manager, introduced the new Assistant City Manager, Mr. Matt Harline. Mr. Sudler moved for adjournment, seconded by Mr. Neil and unanimously carried. Meeting adjourned at 8:16 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Annual Meeting of May 13, 2019, are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2019\05-13-2019 ANNUAL Council Minutes.wpd

SPECIAL COUNCIL MEETING A Special Council Meeting was held on May 13, 2019 at 8:21 p.m. with Council President Hare presiding. Members present were Mr. Sudler, Mr. Neil, Mr. Slavin, Mr. Cole, Mr. Polce, Mr. Taylor, and Mr. Lindell. Mr. Anderson was absent. Mayor Christiansen was also present. Council staff members present were Mr. Rodriguez, Mrs. Mitchell, Mr. Hugg, and Mrs. McDowell. ADOPTION OF AGENDA Mr. Lindell moved for approval of the agenda, seconded by Mr. Cole and unanimously carried. Mr. Sudler moved to recess into 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. The motion was seconded by Mr. Lindell and unanimously carried. The Special Council Meeting recessed into Executive Session at 8:21 p.m. The Executive Session adjourned at 8:37 p.m. ACTION RESULTING FROM THE EXECUTIVE SESSION Potential Land Acquisition During the executive session, Mrs. Donna Mitchell, City Manager, reviewed the information provided during the May 8, 2019 Executive Session related to the potential land acquisition. Mr. Slavin moved to approve the actions recommended by the City Manager regarding the potential land acquisition, all of which are contingent upon the successful completion of the due diligence. The motion was seconded by Mr. Cole and unanimously carried. Mr. Sudler moved for adjournment, seconded by Mr. Neil and unanimously carried. The Special Council Meeting adjourned at 8:39 p.m. TRACI A. McDOWELL CITY CLERK All ordinances, resolutions, motions, and orders adopted by City Council during their Special Meeting of May 13, 2019 are hereby approved. ROBIN R. CHRISTIANSEN MAYOR /TM S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2019\05-13-2019 - SPECIAL COUNCIL MEETING - ES ACTION (PUBLIC) - Potential Land Acquisition.wpd

CERTIFICATE OF CONGRATULATIONS presented to The Central Middle School Girls Basketball Team on being the winner of the Capital Classic Tournament. Through their passion and dedication they finished with an undefeated season. We commend the following student- athletes for their outstanding performance: Pfavers Brianna Beard Breanna Drummond Laci Jacobs Sara Benson AzaEdmunds Azareya Kilgoe Arian Brock Brenly George Heaven Robinson D 'Jona Brooks-Combs AnyeHardy Amya Rosario Managers Syarah DuPont Ky 'aira Hardy Akyah Mosley The entire team and Coaches Ken Brock, Charles Mumford and Kenny Roach are applauded for their remarkable achievement. Good luck next season! May 28, 2019 ~ Mayor William F. Hare Council President

CERTIFICATE OF CONGRATULATIONS presented to The Dover High School Boys Indoor Track Team on being the 2019 Delaware Interscholastic Athletic Association (DIAA) Boys Indoor Track Team Champions. We commend the following student-athletes for their outstanding performance: Hezakiah Ali-Bentley Nathanael Guy OnyekachiNwogbaga Bradly Anyanwu Ric Johnson JavonPeace Charles Anyanwu Dante Jones, Jr. Tylis Randall Matthew Bieker Tyjhir Joyner Travon Towson Abdul-Rahim Bracey James Kilby Kwama Veal Dazhmier Brooks Landon Lewicki Anthony Wallace Za 'Kess Brown Jordan Magee Tahj Ward Tamir Caldwell Darrell Muchison Javontae Wayman Samuel Courtney Victor Negron Erick Woods The entire team and Coaches James Kilby, Roger Lilly and James Solomon are applauded for their remarkable achievement. We enjoyed cheering you on and look forward to next season. May 28, 2019 tJ~. ~Tf!f Mayor William F. Hare Council President

CERTIFICATE OF CONGRATULATIONS presented to Eric D. Glass upon his acceptance to the prestigious United States Air Force Academy. The City ofDover extends its sincere congratulations on this exceptional honor and accomplishment. We wish you many years ofgreat success. May 28, 2019 Robin R. Christiansen William F. Hare Mayor Council President

PROCLAMATION presented to Pirates Plunder Entertainment In recognition of the faithful service of all Pirates Plunder Entertainment members, L Robin R. Christiansen, Mayor of the City ofDover, do hereby proclaim Tuesday, May 28, 2019 as PIRATES' DAY in the City ofDover. Thank you for protecting our City I Robin R. Christiansen Mayor

Final Report from Mayor’s Blue Ribbon Task Force on Homelessness: May 2019 Due to the size of the Task Force and the varied aspects of homelessness identified as among those which needed to be addressed, active members formed three working groups: 1. Emergency shelter 2. Daytime services for the homeless 3. Affordable housing and shelter The work, recommendations, and progress achieved by these groups are combined in this report. The working groups met separately on a routine basis and reported on their efforts at each Task Force meeting, resulting in regular input and discussion about efforts of each group. This report will outline both the results or outcomes of the work of the Task Force and the unanimous recommendations of its members for future actions. Results 1. A map of Dover shelters and services was prepared, funded, and distributed to Task Force members, to local agencies serving the homeless (including the Dover Public Library,) and to homeless individuals in need of services. This concept was based on a successful model used with considerable interest in Wilmington, and funding was secured from Levy Court. 1,500 maps were produced in a sturdy paper folded format similar to a folding road map. 2. A successful Code Purple effort was carried out over the winter with regular reporting to the Task Force. 3. A coordinated community-wide food effort was initiated, with information managed and distributed by Code Purple Kent County. Several agencies and churches provide a hot meal to the unsheltered homeless on a daily basis. A calendar is assembled monthly and distributed widely with the objective of ensuring that homeless individuals know where to access food each day. In some cases, a hot meal is supplemented with a “brown bag” of nonperishable items prepared by local faith communities and volunteers. 4. Information about hours and services provided at both the Dover Interfaith Resource Center and Hopes&Dreams was shared and regularly updated. Dover Interfaith added part-time health services at the Resource Center along with lockers available to the unsheltered homeless. A presentation from the Community Health Worker and the closer relationship built with Bayhealth and other providers was shared with the Task Force. Efforts to maintain this health program are being pursued. 5. The Task Force explored potential benefits of a US Air Force Reserves program called Innovative Readiness Training. This has two facets: One is a short-term medical program in which medical and dental personnel provide an intensive multi-day set of services in the community. A facility to host such an endeavor in the summer of 2020 is being pursued along with local school districts, which may provide a facility for use. The second facet is the construction or assembly of a building—such as a shelter—for an organization that has a site and necessary infrastructure as well as plans and purchased materials. The earliest construction activity for which an application can be submitted is 2021. 6. Reports made from both the Whatcoat Shelter at People’s Place and the Dover Interfaith shelter indicated a reduction in available beds due to the implementation of Dover’s fire code.

Whatcoat was reduced to 26 beds from 48 and Dover Interfaith now has 34 instead of 36. These changes resulted in the inability of both shelters to take in additional persons in need of shelter and contributed to pressure on Code Purple this winter. In the longer term, it was agreed that more shelter space is required to meet local demand. 7. A new housing development corporation called the Central Delaware Housing Collaborative was created, with board members representing different organizations concerned with homelessness in the Greater Dover area. Considerable progress has been made as follows: a. Two houses have been leased by the Collaborative, with rooms rented to individuals moving from homelessness to self-reliant living. b. A standard application was created for use by the Collaborative and approved by Task Force members. It permits any local agency or employer to recommend a person for residence. Residents agree to a set of rules that includes participation in regular case management, with most case management currently provided by Dover Interfaith. c. The Collaborative has interacted extensively with the Delaware State Housing Authority (DSHA) to participate in available training programs and to become familiar with sources of funds available. d. AID In Dover—a former youth shelter—has agreed to sell the property known as “801” West Division Street to the Collaborative. The acquisition will include the assumption of a long-term, no-interest loan from DSHA that is also forgivable if the property is used for shelter. The Collaborative plans to implement a program of shelter for women and is seeking grants and financing to make this possible. A partnership with the Dover Interfaith Mission for Housing will provide case management services to residents until sufficient funds are acquired to provide all services directly. e. Greater cooperation with several local realtors have opened opportunities for additional properties to be leased for shared housing. f. Applications for funding have been and are being submitted to several foundations and program sources. Collaborative board members continue to explore funding opportunities. g. The Central Delaware Housing Collaborative has secured tax-exempt 501(c)3 status and meets monthly, with additional committee meetings more frequent. h. Additional properties continue to be explored for future development, such as the Milford Armory. Recommendations 1. Create more shelter space sufficient to meet the demand for men, women, and children. One step is to develop a new shelter for men for the Dover Interfaith Mission for Housing along with a daytime Resource Center due to the loss of their lease in two years’ time. 2. Develop more highly-affordable supportive housing that includes housing for families as well as shared housing for single adults. 3. Include case management for all residents of shelters and supportive housing. 4. Develop an Emergency Housing Plan for homeless persons in bad weather, incorporating involvement from City, County, and DEMA officials. 5. Encourage interaction and sharing information about initiatives and concerns with local and state officials and with corporate leadership in order to inform them and to elicit support.

6. Pursue opportunities available through Innovative Readiness Training. 7. Continue to support established initiatives, including Dover map of homeless services, monthly meal calendar, and efforts of Central Delaware Housing Collaborative. 8. Pursue continued cooperation with Bayhealth to expand health care and health education to the homeless. 9. Increase community volunteers in order to extend hours of daytime resources such as Dover Interfaith Resource Center and Hopes&Dreams along with community outreach. 10. Explore ways that Task Force and Collaborative initiatives might be promoted more effectively through Central Delaware events, websites, social media, and press coverage. 11. Seek to assure city and county compliance with the Fair Housing Act in zoning and code enforcement. 12. Explore sources of funding for a revolving fund or other mechanisms to finance housing development and leasing to benefit homeless individuals and families. 13. Investigate creative housing options to meet the needs and financial capacity of the homeless, including tiny houses, innovative construction techniques, and other housing alternatives. Adopted unanimously by the Mayor’s Task Force on Homelessness at its meeting of May 8, 2019 Prepared by Jeanine Kleimo, Task Force Chair

CERTIFICATE OF APPRECIATION presented to The Mayor's Blue Ribbon Task Force to End Homelessness in Dover The Mayor and Council extend their deepest gratitude to the members of the Task Force for their concern and dedication. As the Task Force ends their work and we move to the next phase of meeting the challenge of ending homelessness and rough sleeping among the less fortunate of our City, we must develop meaningful partnerships with the State and County to implement their recommendations. We will continue to move forward. May 28, 2019 &=?;&-?~~ Robin R7?f!tristiansen William F. Hare Mayor Council President

From: Windham To: Devine, Denise Cc: City Clerks Office; Diaz, Eddie; Melson-Williams, Dawn; ddconstructionmanager@gmail.com; mnatterman@gmail.com Subject: RE: Request to Postpone Annexation Request - 2920 North DuPont Highway Date: Friday, May 17, 2019 4:05:37 PM I concur. Troy W. Windham From: Devine, Denise [mailto:ddevine@dover.de.us] Sent: Wednesday, May 15, 2019 7:56 AM To: 'Windham' Cc: City Clerks Office; Diaz, Eddie; Melson-Williams, Dawn; ddconstructionmanager@gmail.com; 'mnatterman@gmail.com' Subject: Request to Postpone Annexation Request - 2920 North DuPont Highway Mr. Windham: We are in receipt of the attached request to postpone consideration of your application for annexation/rezoning of property located at 2920 North DuPont Highway until July 2019. As the owner of record for the property, will you please confirm your concurrence with this request to postpone? Thank you, Denise L. Devine, MMC Assistant City Clerk City of Dover e-mail: ddevine@dover.de.us (302) 736-7008 phone (302) 736-5068 fax From: Mark Natterman <mnatterman@gmail.com> Sent: Tuesday, April 30, 2019 2:44 PM To: Melson-Williams, Dawn <DMelson@dover.de.us>; Diaz, Eddie <ediaz@dover.de.us>; Nick Nistazos <nnistazos@aol.com> Subject: 2920 N. DuPont Hwy Dawn, Please see attached letter requesting postponement Regards, Mark Natterman Construction Project Manager Franchise Management Services, Inc.

9919 Golf Course Rd. Ocean City, MD 21842 Cell: 302-500-3338 Office: 410-520-0176 Fax; 410-520-0199 ************************************************************* This e-mail message, including any attachments, is for the sole use of the addressee(s) to whom it has been sent, and may contain information that is confidential or legally protected. If you are not the intended recipient or have received this message in error, you are not authorized to copy, distribute, or otherwise use this message or its attachments. Please notify the sender immediately by return e-mail and permanently delete this message and any attachments.

~ DUNKIN• ~) DONUTS® AMERICA ltUHS ON DUNKIN' Ms. Dawn Melson City of Dover Dept. of Planning 15 Loockerman Plaza Dover, DE 1990 I April 30, 2019 Re: 2920 N. Dupont Hwy Dawn, We request that the City Council defer action on our request for annexation scheduled for May 28, 2019. Circumstances surrounding our lease and utility permit to require us to delay yet again. We respectfully ask that 5the Council postpone hearings on our request until the July 2019 meeting. Thank you for your consideration. Regards, Mark Natterman Construction Manager Franchise Management Services, Inc. 302-500-3338 mnatterman@gmail.com ] Franchise Management Services, Inc. 9919 Golf Course Rd. Ocean City, MD 21842 Tel 410-520-0176 Fax 410-520-0199

PETITION TO ANNEX AND REZONE PROPERTY Public Hearing Before the City Council on March 11, 2019 Recommendation from Planning Commission Meeting of February 19, 2019 with Staff and Development Advisory Committee Review File Number: AX-19-01 Ordinance Number: 2019-01 Applicants: New Wind Properties 2920 LLC Franchise Management Services, Inc. Owner of Record: New Wind Properties 2920 LLC Property Address: 2920 North DuPont Highway, Dover DE Tax Parcel ID #: ED-00-057.02-01-08.00-000 Lot Size: 0.57 acres Present Zoning: BG (General Business Zone) Proposed Zoning: C-4 (Highway Commercial Zone) Comprehensive Plan Category 1: High Priority Annexation Areas Designation: Comprehensive Plan Commercial Land Use Designation: Present Use: Vacant Commercial Building Proposed Use: Restaurant with drive-thru (Dunkin’ Donuts per proposed redevelopment plan submitted to Kent County) Utility Availability: Electric: 2920 North Dupont Highway is currently served by City of Dover Electric. Water and Sanitary Sewer: 2920 North DuPont Highway is not currently served by City of Dover Water or Sanitary Sewer. Currently, the property is served by an on-site well and septic system. Water and Sanitary Sewer are only available on the opposite side of Route 13, this property is situated on the eastern

AX-19-01 Lands of NewWind Properties 2920 LLC at 2920 N. DuPont Highway Planning Commission Recommendation Report of February 19, 2019 Page 2 of 7 side of the road. Staff has discussed the utility situation with the Applicant. The developer understands that they will have to obtain DelDOT / City of Dover approval to connect the sanitary sewer on the opposite side of Route 13. This is critical as utility crossings of Route 13 are strongly discouraged by DelDOT and only approved with special approval by District Public Works. The City will allow the property to continue to operate the existing well until it fails, at that point, they will be required to connect to the City’s water distribution system. The property owner would be responsible for the costs associated with tapping the sanitary sewer and/or water mains, extending services to the property, payment of impact fees, and obtaining permits. Planning Commission Recommendation: Following a public hearing on February 19, 2019, where no members of the public spoke regarding the proposed annexation and rezoning, the Planning Commission voted in favor of the annexation with the proposed C-4 zoning with eight (8) votes in favor and no votes in opposition (one member absent). Summary This application is for the Annexation and Rezoning of the property at 2920 N. DuPont Highway, Dover. It is a parcel of land totaling 0.57 acres +/- (25,000 SF). The owner of record is NewWind Properties 2920 LLC. Tax Parcel: ED-00-057.02-01-08.00-000. Existing Property The property is located on the east side of North DuPont Highway and adjacent to the north side of Maxwell Street. The boundary of the City of Dover is currently across North DuPont Highway. This annexation will include the adjoining right-of-way of North DuPont Highway equal to the property’s frontage width to connect the property to the existing City boundary on the west side of North DuPont Highway. The property includes an existing one story building likely constructed originally as a gasoline service station. The property is currently zoned BG (General Business District) in Kent County. The building most recently was utilized as offices; however, it is currently vacant. A potential new occupant of the building has been working through the site/building renovation process in Kent County to establish a new use of the building as a drive-thru restaurant (Dunkin’ Donuts). There is a designated exit onto Route 13 and entrance/exit to Maxwell Street. There is part of a sidewalk system along the highway frontage. Surrounding Land Uses Immediately surrounding uses on this east side of North DuPont Highway (Route 13) include other commercial businesses such as offices, service establishments, and retail establishments. To the east of the parcels fronting Route 13, is a residential area consisting of single family dwellings and a mobile home/manufactured home park. These properties are in Kent County. On this east side of Route 13, the closest properties within the City limits are as follows: to the

AX-19-01 Lands of NewWind Properties 2920 LLC at 2920 N. DuPont Highway Planning Commission Recommendation Report of February 19, 2019 Page 3 of 7 south the WAWA at the intersection with Rustic Lane and to the north are the property at 3074 N. DuPont Highway (Annexed in 2018) and the campus of Wilmington University. The west side of Route 13 is within the City of Dover boundaries and includes the Dover Town Center with multiple retailers, the Outback Restaurant, the Bob Evans Restaurant, a hotel, and the Delaware State University Learning & Living Commons facility. Comprehensive Plan In the 2008 Comprehensive Plan (as amended), the Potential Annexation Areas (Map 13 -1) identifies the property in the Category 1: High Priority Annexation Areas. The Growth and Annexation Plan Chapter (Chapter 13) notes that “Lands in this category are primarily enclaves of unincorporated territory mostly surrounded by the City of Dover. In all or most of these cases, the City provides these parcels with one or more essential service (sewer, water, police, fire, trash).” For Category 1: High Priority Annexation Areas, it notes in the Recommendation that “the City will not extend sewer and/or water infrastructure to Category 1 areas unless the property owners annex into the City” with consideration given for issues of health, safety and welfare. The Comprehensive Plan also sets the review criteria for the review of zoning for parcels being proposed for annexation. Chapter 13, pages 170-171 note that the Zoning Review may include: • Proposed zoning be in compliance with the land use category shown on Map 13-2 and used in conjunction with Table 12-1: Land Use and Zoning Matrix; • Character and compatibility of the surrounding land uses and properties; • The street type and capacity serving the property; • Environmental concerns and conditions that may influence land use and zoning; • Market concerns and conditions; • The compatibility with the overall goals of the Comprehensive Plan. Map 13-2: Potential Land Use for Annexation Areas identifies the Land Use for this property to be Commercial. The Land Development Plan Chapter (Chapter 12) makes the following recommendation for Commercial Land Use in this Route 13 area of the City: US Route 13/113 Corridor The US Route 13/113 corridor is dominated by highway commercial development. For the most part, the Comprehensive Land Development Plan proposes to continue US Route 13/113 as the major commercial corridor in Central Delaware. Few vacant developable parcels exist within this area. However, potential exists for the redevelopment of older retail stores and strip shopping centers. The Comprehensive Plan encourages the renovation and adaptive reuse of older structures within the highway corridor as means of restoring property value, preventing blight and demolition by neglect, and enhancing the overall image of the highway environment. In some cases the demolition of older structures may be beneficial, and should be supported, to enable redevelopment to occur within the corridor. As part of the Land Development Plan, Table 12-1: Land Use and Zoning Matrix specifies that the following zones are compatible with this land use classification of Commercial. C-1 (Neighborhood Commercial) C-1A (Limited Commercial)

AX-19-01 Lands of NewWind Properties 2920 LLC at 2920 N. DuPont Highway Planning Commission Recommendation Report of February 19, 2019 Page 4 of 7 C-2 (Central Commercial) C-2A (Limited Central Commercial) C-3 (Service Commercial) C-4 (Highway Commercial) SC-1 (Shopping Center Commercial) SC-2 (Shopping Center Commercial) SC-3 (Shopping Center Commercial) RC (Recreational and Commercial) RGO (General Residence and Office) CPO (Commercial/Professional Office) IO (Institutional and Office) Request for C-4 (Highway Commercial Zone) The applicant has requested the zoning of C-4 (Highway Commercial Zone). The types of permitted uses in the C-4 (Highway Commercial Zone) are given in Article 3 §16 of the Zoning Ordinance. See the following Code excerpt: Article 3, Section 16. - Highway commercial zone (C-4). 16.1 Uses permitted. In a highway commercial zone (C-4), no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any purpose, except the following: (a) Retail stores. (b) Business, professional or governmental offices. (c) Restaurants. (d) Personal service establishments. (e) Service establishments. (f) Hotels and motels. (g) Places of public assembly. (h) Bus terminal. (i) Wholesale, storage, warehousing, and distribution establishments. (j) Indoor or outdoor recreation and amusement establishments. (k) Hospitals and medical centers. (l) Drive-throughs. (m) Motor vehicle, boat, or farm equipment sales or service: (1) The minimum lot size for such establishments shall be 20,000 square feet, and the minimum street frontage shall be 150 feet. (2) Entrance and exit driveways shall have an unrestricted width of not less than 16 feet, shall be located not nearer than ten feet from any property line and shall be so laid out as to avoid the necessity of any vehicle leaving the property to back out across any public right -of-way or portion thereof. (3) Vehicle lifts or pits, dismantled and disabled automobiles, and all parts or supplies shall be located within a building enclosed on all sides. (4) All service or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building fully enclosed on all sides. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times. (5) The storage of gasoline or flammable oils in bulk shall be located fully underground in accordance with applicable provisions of the National Fire Protection Association Code. (6) No fuel pumps shall be located nearer than 15 feet to any street line.

AX-19-01 Lands of NewWind Properties 2920 LLC at 2920 N. DuPont Highway Planning Commission Recommendation Report of February 19, 2019 Page 5 of 7 (7) Fuel pumps shall not be permitted closer than 100 feet from a property line of any school, day care, church, hospital, nursing home, or place of public assembly designed for the simultaneous use and occupancy by more than 100 persons. (n) Manufacturing, assembling, converting, altering, finishing, cleaning, or any other processing of products for sale on or off the premises, provided that not more than 25 persons shall be engaged in such activity; and provided further, that any such use shall be subject to the performance standards procedure as set forth in article 5, section 8. (o) Mini-storage facilities, subject to the following regulations: (1) No unit shall be placed within 30 feet of a residential property line. (2) No outside storage, except for recreational vehicles, boats, or personal automobiles when completely parked in specifically approved locations. Parking for these vehicles shall not count toward the required parking set forth in subsection (e) below. (3) No individual unit may be used for retail, garage sale, or any other commercial activities. (4) No storage of flammable, explosive, corrosive, or other hazardous products may occur in the individual unit. (5) Parking must be provided at a ratio of one space for each 25 rental units, plus a minimum of three spaces for an office. (p) Adult entertainment establishments, subject to the provisions stated in article 5, section 13. 16.2 Conditional uses. 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 article 10, section 1: (a) Apartments and multi-family dwellings. (b) Crematory, subject to the following requirements: (1) The building lot line upon which a crematory is to be established shall be located at least 100 feet from any residential zone. (2) 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 feet high. All landscaping shall be properly maintained throughout the life of the use on lot. (3) Loading operations shall be conducted within a completely enclosed building. Location of loading doors shall be at the side or rear of the building. (4) 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. 16.3 Enclosed buildings. All permitted uses and all storage accessory thereto, other than offstreet parking, shall be carried on in buildings fully enclosed on all sides, except for outdoor eating areas associated with restaurants and outdoor sales areas approved by the city planner. 16.4 Performance standards. All uses are subject to performance standards as set forth in article 5, section 8.1. 16.5 Site development plan approval. Site development plan approval in accordance with article 10, section 2 hereof shall be required prior to the issuance of building permits for the erection or enlargement of all structures and prior to the issuance of certificates of occupancy for any change of use. Recommendation of Planning Staff: Staff recommends the annexation of the property at 2920 N. DuPont Highway and its rezoning to C-4 (Highway Commercial Zone) be approved as submitted. The subject property is in the City’s

AX-19-01 Lands of NewWind Properties 2920 LLC at 2920 N. DuPont Highway Planning Commission Recommendation Report of February 19, 2019 Page 6 of 7 Annexation Plan of the 2008 Comprehensive Plan as Category 1: High Priority Annexation Areas with a Land Use Designation as Commercial. The C-4 zoning is consistent with the development in the area and is consistent with the Land Use Designation of Commercial. Recommendation of Planning Commission The application was represented by Mr. Brock Parker of Parker and Associates, an engineering design firm working with the project developer. Following a public hearing on February 19, 2019, where no members of the public spoke regarding the proposed annexation and rezoning, the Planning Commission voted in favor of the annexation with the proposed R-8 zoning (One Family Residence Zone) with eight (8) votes in favor and no votes in opposition (one member absent). The Development Advisory Committee Report and Comments on the Application were provided to the Planning Commission for consideration. The questions from the Planning Commission focused on the existing well on the property and the potential to connect to City water. See the included Excerpt of the DRAFT Meeting Minutes of the February 19, 2019 Planning Commission meeting. Submission of Plan of Services As required by 22 Delaware Code §101, a Plan of Services has been submitted to the Office of State Planning Coordination. A copy of the Plan of Services form and Attachment List is included. A copy of the full Plan of Services submission with all attachments is on file with the Planning Office. ADVISORY COMMENTS TO THE APPLICANT 1) From the agency comments received, it appears that ability to provide City water or sanitary sewer service to this property may be challenging due to the location of existing City infrastructure in the area. The applicant has been working with the Department of Public Works, other utility providers, DNREC, and DelDOT regarding access to sanitary sewer serv ice. 2) Upon annexation into the City of Dover, the property will be subject to the provisions of the Dover Code of Ordinances. This includes procedures such as review processes for plans and permits for construction activities, the City of Dover Business Licenses, etc. 3) Prior to establishing any use or commencing with any construction on the subject property, including within the existing building, the applicant shall contact the Planning Office so that the appropriate review process can be determined and coordinated with other reviewing entities including the Fire Marshal’s Office, Public Works/Utilities, and the Chief Building Inspector. 4) The applicant shall be aware that approval of any Annexation & Rezoning application does not represent Site Development Plan or Record Plan approval. A separate Site Development Plan must be submitted and approved if development activities are proposed to establish a use on the property. A separate Record Plan must be submitted and approved if changes to existing property lines are proposed.

AX-19-01 Lands of NewWind Properties 2920 LLC at 2920 N. DuPont Highway Planning Commission Recommendation Report of February 19, 2019 Page 7 of 7 5) The applicant shall be aware that approval of any Annexation & Rezoning application does not represent a Building Permit or other construction activity permit approval. A separate application submission showing all improvements is required before issuance of permits by the City of Dover. 6) All businesses operating in the City of Dover are required to obtain a City of Dover Business Licenses from the Licensing and Permitting Division located in City Hall. Certain types of uses also require a Public Occupancy permit. Attachments: • Zoning Map Exhibit AX-19-01 • Map Exhibit of Property • DAC Comments: Electric Department, Department of Public Works, Office of the Fire Marshal, DelDOT, and Kent Conservation District • Excerpt of Draft Minutes from February 19, 2019 Planning Commission Meeting • Municipal Annexation Plan of Services Form with Attachment List

City of Dover Application No.: AX-19-01 Department of Planning & Inspections Dr e ha s ar C Ce d C-4 Site C-2A Bl C-4 vd KW C-4 IO RC C ra wf o rd IO Ca Du r ro po ll A nt ve Hw Ln y Ru stic C-4 Title: Lands of NewWind Properties 2920 LLC Legend Address: 2920 North DuPont Highway Dover Boundary Parcel ID: ED-00-057.02-01-08.00-000 Proposed Zoning: C-4 (Highway Commercial Zone) Zoning Owner: New Wind Properties 2920 LLC Dover Parcels Date: 12/21/2018 Kent County Parcels Subject Property « 0 200 400 800 Feet 2012 Buildings

MASTER LEGEND IRON PIPE FOUND PROPOSED ROAD SIGN EXISTING ROAD SIGN SITE EXISTING INLET DE STATE PLAIN NAD 83 PROPOSED LANDSCAPING W EXISTING WELL PROPOSED LIGHT POLE ELEV=XX' EXISTING SPOT ELEVATION ELEV=XX' PROPOSED SPOT ELEVATION SITE 3 8 PROPOSED STABILIZED N AD SCE CONSTRUCTION ENTRNACE IN LA P E EXISTING PROPERTY LINE AT ST 50 EXISTING CONTOUR EXISTING CURB LINE DE VICINITY MAP SCALE: 1"=1200' EXISTING CURB LINE TO BE REMOVED PROPOSED CURB LINE EXISTING ROAD/PARKING STRIPE EXISTING ROAD/PARKING STRIPE TO BE REMOVED EXISTING HIGHWAY STRIPE W VICINITY MAP SCALE: 1"=400' PROPOSED ROAD/PARKING STRIPE N/F EXISTING ROAD CENTERLINE CARL F. MCNATT D0033/0129 EXISTING BUILDING SETBACK LINE 2-00-05702-01-0900-00001 ZONING:GENERAL > EXISTING CENTER LINE DITCH BUSSINESS GENERAL NOTES x x PROPOSED FENCE LINE 1. THE OWNER OF THE PROPERTY SHOWN HEREON IS: RIGHT OF WAY LINE NEWWIND PROPERTIES 2920 LLC 20.08 PROPOSED WHITE CROSSWALK / EXISTING PRIVATE DRIVEWAY ' 435 S, DUPONT HWY ROAD STRIPING DOVER, DE 19901 PROPOSED DRIVE THRU SIGN EXISTING SIDEWALK S47°09'01"E PROPOSED WALK-IN FREEZER 200.00' TO BE PURCHASED & DEVELOPED BY: EXISTING SIDEWALK TO BE REMOVED PROPOSED DUMPSTER FRANCHISE MANAGEMENT SERVICES INC 15.00' EX. T EX. T EX. T EX. T EX. T EX. T EX. T ENCLOSED ON 4EX. T SIDES EX. T 9919 GOLF COURSE RD R10.00' EX. T ' EX. T .00 PROPOSED SIDEWALK PROPOSED MENU PROPOSED PARKING EX. T R20 EX. T OCEAN CITY, MD 21842 BOARD BUMPER (TYP.) EX. TTO BE ABANDONED EXISTING SEPTIC AREA 15' PARKING SETBACK EX. T EXISTING PROPOSED PAVEMENT TO BE MAXWELL STREET- LOCAL PAVEMENT x SS EX.SS EX.SS EX. T DRIVE R2 2. LOT AREA = 25,000 sf. (0.57 acres) 11.00' REMOVED EX . EX. T 33.25' 5. THRU 40' BSL 20' BSL 00 3. PARCEL ID: 2-00-05702-01-0800-00001 ' EXISTING PAVEMENT EXISTING LUMBER LIQUIDATORS EX. T ONLY 4. NUMBER OF EXISTING PERMANENT MONUMENTS FOUND:1 N42°50'59"E RETAIL CENTER x EX.SS 5. NUMBER OF PERMANENT MONUMENTS TO BE SET:3 EX. T 4' PROPOSED PAVEMENT PROPOSED STREET OVERLAY EX.SS TO BE ADDED 6. SITE SLOPE : 1.34% 25 MPH POSTED SPEED LIMIT 38.69' PROPOSED PAVEMENT 7. PLAT REFERENCE: 2794/0090 125.00' 4' DRIVE THRU x EX R3.00 ' 8. ZONING: BG - GENERAL BUSINESS (KENT COUNTY) .T D MIN. LOT AREA: NO RESTRICTION 20.00' 60' BSL S EX. 8 6 5 3 MAX. LOT AREA: NO RESTRICTION S 7 4 2 1 60' ROW x 12 .00 75' BSL .00 AVERAGE LOT AREA: NOT LISTED ' ' 9.00' R3 MAX. SLOPE FOR PARCEL:15% 13.73' EX. T . 9. EXISTING BUILDING IS NON-CORNFORMING TO BG-GENERAL R3.00' 24 EX. EXISTING BUILDING 29 ' EXISTING WELL x SS TO BE CONVERTED TO BUSINESS ZONING SETBACK REQUIREMENTS. 125.00' W DUNKIN DONUTS ' N/F EX. 1,333 s.f. PROPOSED STRIPING FOR ACCESSIBLE 5.00 10. LOCATED IN KENT COUNTY, DELAWARE ; GROWTH ZONE. LUMBER LIQUIDATORS W R2 N/F FF=43.90 N PARKING SPACE & LOADING ZONE 11. ACREAGE OF PROPERTY WITHIN RT.13 RIGHT OF WAY=.06 AC D.L. SHAHAN LLC VA 9 LOADING WORLD TRANSMISSION T&T PROPERTY D3488/0340 x ZONE 12. ACREAGE OF PROPERTY WITHIN ACTIVE RECREATION S42°50'59"W 2-00-05702-01-0700-00001 MANAGEMENT LLC ZONING: GENERAL PROPOSED PICK UP 10 17.67' D5474/0264 D0392/0264 AREA/OPEN SPACE=0 AC BUSINESS PROPOSED 6' VINYL WINDOW EXISTING STRIPING TO REMAIN 15.90' R3 .07 2-00-05702-01-1000-00001 13. ACREAGE OF PROPERTY WITHIN PASSIVE OPEN SPACE=0 AC FENCE BUFFER x PR ' PROPOSED 2" ZONING: GENERAL 14. ACREAGE OF PROPERTY WITHIN STORM WATER .6'' 11 SAW CUT EXISTING PAVING TO BUSINESS 35.00' R20.00' SS TYPE C, PG 70-22 MANAGEMENT AREA=0 AC 7' CREATE GREEN SPACE AND PAVEMENT 9.0 EXISTING PARKING TO DEPRESSION FOR DRAINAGE OVERLAY 15. PARCEL IS NOT LOCATED WITHIN ANY DELAWARE REGULATED ' x .14 TIDAL WETLANDS BOUNDARIES 20 PR REMAIN, BE RE-STRIPED .6'' PROPOSED GRINDER PUMP SS 20.28' 16. PARCEL IS NOT LOCATED WITHIN ANY DELAWARE WOODLAND R3. STATION; START OF BORE 00' PRESERVATION AREAS. .0 15' PARKING SETBACK 24 9.00' x 0' 17. EXISTING USE: 1 PERMANENT STRUCTURE- RETAIL/OFFICE ~ PR .6'' 0' 1,333 SF 0.0 20.00' SS 0' R5 PROPOSED USED: 1 PERMANENT STRUCTURE-RESTAURANT/ R1 0.0 5 12 13 14 15 16 17 18 19 20 27.2 3.65' x ' PR.12''SD COFFEE SHOP ~ 1,333 SF. PR 18. TOTAL LIMIT OF DISTURBANCE = 4,781 sf ≈.11 ± AC 20.00' .6'' > EX.12''S SS D PR.6''SS PR.6''SS PR.6''SS 19. EXISTING IMPERVIOUS COVERAGE≈65% EX.UGE > PROPOSED IMPERVIOUS COVERAGE≈74% 0 20 30 40 EXISTING SIDEWALK EX.12'' EX.UGE EX.UGE 200.00' EX.UGE EX.UGE EX.UGE EX.UGE EX.UGE EX.UGE EX.UGE EX.UGE EX.UGE SD 20. EXISTING PARKING=18 SPACES 54.69' TO EXISTING ENTRANCE .0 EX.UGE EX.UGE R5 0' > N47°09'01"W > > > > > > > PROPOSED PARKING=16 SPACES EX.1 21. WATER AND SEWER TO BE PROVIDED BY EXISTING ON-SITE ' 2''SD GRAPHIC SCALE 8.06' .00 20' EASEMENT DEDICATED TO THE STATE PR WELL AND SEPTIC. NO PUBLIC UTILITIES AVAILABLE. 1 inch = 20 feet R3 .1 EX. OF DELAWARE FOR PUBLIC USE 4 1/ 22. EXISTING ELEVATIONS ARE BASED ON THE FOLLOWING ' ''F .87 M R47 PROPOSED DATUMMS: 10.86' PROPERTY LINE 23. HORIZONTAL: NAD 83 DELAWARE VERTICAL: NAVD 88 SHEET 1 11. ON 3/15/2018 A VARIANCE WAS GRANTED BY THE KENT ROUTE 13 "NORTH DUPONT HIGHWAY" ANNEX SITE PLAN 10.86' PR COUNTY DEPARTMENT OF PLANNING SERVICES ALLOWING .1 1/ INIT. 4'' FM KC 2 - 45 MPH POSTED SPEED LIMIT FOR A DRIVE THRU LANE TO BE LOCATED WITHIN THE 15' REVISIONS PARKING SETBACK LINE AS SHOWN ON THIS PLAN. 140' ROW ~ PRINCIPAL ARTERIAL 12. ALL FIRE LANES, FIRE HYDRANTS AND FIRE DEPARTMENT 10.93' ANNEXATION SITE PLAN DATE EXISTING KENT COUNTY 24" PR 10.78' .1 4'' DWG. FORCEMAIN AT 5' DEEP FM 1/ 05702 01-0800-00001 FM FM FM FM FM FM FM FM FM FM FM FM FM FM .1 PR FM 4'' 1/ EX. T EX. T EX. T EX. T EX. T EX. T EX. T EX. T EX. T EX. T GRID EX. T EX. T EX. T EX. T > > 2.00 . PR 11 /4 TAX MAP ''F PARCEL M Road Name: Maxwell Street 7/12/2018 PR .1 1/ For: Franchise Management Services 4'' TJS DUNKIN DONUTS ~ MAXWELL ST. FM EXISTING GAS LINE DRAFTSMAN EX.G > EX.G > EX.G > EX.G >EX.G > > EX.G EX.G > DATE Kent County, Delaware > > EX.G EX.G EX.G EX.G EX.G EX.G EX.G EX.G EX.G S2242 - DUNKIN DONUTS MAXWELL EX.W EX.W EX.W EX.W EX.W EX.W EX.W EX.W EX.W EX.W EX.W EX.W EX.W EX.W EX.W EX.W EX.10''SS EX.10''SS EX.10''SS EX.10''SS EX.10''SS EX.10''SS EX.10''SS EX.10''SS EX.10''SS EX.10''SS EX.10''SS EX.10''SS EXISTING WATER LINE TV 1"=20' ENGINEER'S CERTIFICATION DEVELOPERS CERTIFICATION IT IS HEREBY CERTIFIED THAT I AM A REGISTERED ENGINEER IN THE STATE OF IT IS HEREBY CERTIFIED THAT I AM THE OWNER OF THE PROPERTY DESCRIBED DELAWARE, THAT THE INFORMATION SHOWN HEREON HAS BEEN PREPARED UNDER SCALE JOB NO. PERVIOUS AREA = .17 acres +/- AND SHOWN ON THIS PLAN. THE PLAN WAS MADE AT MY DIRECTION, AND THAT I MY SUPERVISION AND TO MY BEST KNOWLEDGE AND BELIEF REPRESENTS GOOD LIMIT OF DISTURBANCE = 4,980 sf ≈.11 +/- ac. ACKNOWLEDGE THE SAME TO BE MY ACT. IT IS MY DESIRE TO HAVE THE PLAN ENGINEERING PRACTICES AS REQUIRED BY THE APPLICABLE LAWS OF THE STATE OF DEVELOPED AS SHOWN AND IN ACCORDANCE WITH ALL APPLICABLE LAWS AND DELAWARE. SURVEYING FORESTRY REGULATIONS. K PARKING SUMMARY AR ER Dec 05, 2018-12:04pm CODE: RESTAURANT ____________________________________________________________ ______________________________________________________________ P 1 SPACE PER EVERY 100 sf MIN. Franchise Management Sevices, Inc. DATE Brock E. Parker P.E., R.L.S. Date SALISBURY, 9919 Golf Course Rd 528 Riverside Drive ESTABLISHED MARYLAND 410-749-1023 PROPOSED: Ocean City, MD 21842 Salisbury, Maryland 21801 1977 DUNKIN DONUTS = 1,333 / 100 ft2 =14 Nick Nistazos 410-258-6993 (410) 749-1023 fax: (410) 749-1012 TOTAL SPACES REQUIRED = 14 SPACES MIN. & email: brock@parkerandassociates.org S TOTAL SPACES PROVIDED = 20 SPACES (1 HANDICAPPED) A E S S T CIVIL OC IA SITE ENGINEERING INC. PLANNING

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JANUARY 30, 2019 APPLICATION: LANDS OF NEW WIND PROPERTIES 2920 LLC AT 2920 N. DUPONT HIGHWAY FILE #: AX-19-01 REVIEWING AGENCY: City of Dover Electric and Public Works Departments CONTACT PERSON: Paul Waddell - Electric Jason A. Lyon, P.E. – Public Works CONTACT PHONE #: Electric - 302-736-7070 Public Works – 302-736-7025 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC / STORMWATER / SANITATION / STREETS / GROUNDS 1. Our office has no objections to the proposed annexation of tax parcel ED-00-057.02-01-08.00-000. WATER / WASTEWATER 1. Our office has no objections to the proposed annexation of tax parcel ED-00-057.02-01-08.00-000. The City of Dover Department of Public Works does not allow dog house manhole connections per our Water / Wastewater Handbook; therefore a drop connection will be required if the lateral is connected to a manhole. If the manhole is five foot (5') diameter, the drop can be inside, if the manhole is four foot (4') diameter, the drop must be outside. If the connection is not to a manhole, it must be connected to the main through a wye connection. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS 1. None ADVISORY COMMENTS TO THE APPLICANT ELECTRIC / WATER / WASTEWATER 1. As per the Petition to Annex and Rezone Property, as heard by the Council Committee of the Whole, January 29, 2019, please find the following: a. 2920 North Dupont Highway is located on the east side of Route 13 and is currently served by City of Dover Electric. It is not served by City of Dover Water or Sanitary Sewer. Currently, the property is served by an on-site well and septic system. Water and Sanitary Sewer are only available on the opposite side of Route 13, this property is situated on the eastern side of the road. Staff has discussed the utility situation with the Applicant. The developer understands that they will have to obtain DelDOT / City of Dover approval to connect the sanitary sewer on the opposite side of Route 13. This is critical as utility crossings of Route 13 are strongly discouraged by DelDOT and only approved with special approval by District Public Works. The City will allow the property to continue to operate the existing well until it fails, at that point, they will be required to connect to the City’s water distribution system. The property owner would be responsible for the costs associated with tapping the sanitary sewer and/or water mains, extending services to the property, payment of impact fees, and obtaining permits. The Developer will need to obtain necessary approvals from DelDOT and DNREC prior to construction. The Office of Drinking Water will

Lands of New Wind Properties 2920 LLC at 2920 North DuPont Highway File #: AX-19-01 January 30, 2019 Page 2 of 2 need to approve the use of the well, and the applicant will need to abide by any Federal, State and Local laws for water quality. SANITATION 1. Every commercial customer shall provide such premises with a sufficient number of solid waste containers to provide adequate capacity for the solid waste placed out for collection without overloading the capacity of the containers. The City of Dover shall provide commercial customers with a maximum of two (2), 90-gallon trash containers and two (2) 90-gallon recycling containers. 2. Any commercial customer requiring more containers, or larger containers, than provided above, must utilize private service. If front loading solid waste removal is required, the customer shall utilize private service. STORMWATER / STREETS / GROUNDS 1. None. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

C F AX-19-01 I I T R CITY OF DOVER Y E DEVELOPMENT ADVISORY COMMITTEE O M F A APPLICATION REVIEW COMMENTARY R D.A.C. MEETING DATE: 01/30/19 D S O H V A APPLICATION: Lands of New Wind Properties 2920 LLC at 2920 N DuPont Hwy E L R FILE #: AX-19-01 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: Jason Osika, Fire Marshal PHONE #: (302) 736-4457 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. This is an annexation and rezoning request. This office has no objections to the annexation and rezoning. The current building is vacant and would need to be registered as such with the City of Dover Code Enforcement Office. Building permits/plans submission to the Chief Building Inspector would be required. ADDITIONAL / SPECIFIC REQUIREMENTS AFTER ANNEXATION AND REZONING: The following comments are being provided in reference to the proposed restaurant: 1. Proposed building is restaurant. 2. Building Access shall be no further than 50 feet from a primary entrance Where buildings are provided with an automatic sprinkler system installed in accordance with NFPA 13, access shall be no further than 100 feet from the primary entrance. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3) 3. Parking shall be prohibited in front of the primary entrance for a width of not less than 1.5 times the width of the door(s) or for 10 feet, whichever is greater. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.2) 4. Perimeter access shall be TBD (additional information needed, type of occupancy) and clearly shown on the plans. Perimeter Access minimum width shall be 15 feet measured from the face of the building at grade with a maximum slope of ten percent (10%). Plantings and utility services (includes condenser units, transformers, etc.) shall be permitted within the perimeter access, and shall not interfere with emergency services fire ground operations. If a physical barrier (fence, pond, steep slope, etc) prevents access, that portion of the building perimeter shall not be included in the calculation of Percent of Perimeter Access. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 3)

5. Speed Reduction Devices must be approved, please see City of Dover Ordinance Chapter 98-10 in reference to this process. 6. Fire Alarm System required per occupancy code requirements (additional information needed (occupant load) to determine if this is required). Fire alarm in place of assembly. Fire alarm required. Any new occupancy or new portion of an occupancy determined to be a place of assembly by the fire marshal, and is capable of receiving an occupant load of 75 persons or greater, shall be required to install a fire alarm in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Fire alarm system required. Any existing occupancy or portion of an existing occupancy determined to be a place of assembly by the fire marshal, and is undergoing renovations in excess of 50 percent of the assessed value of the building and is capable of receiving an occupant load 75 persons or greater or is being enlarged to receive an occupant load of 75 persons or greater, shall be required to install a complete fire alarm system in accordance with NFPA codes governing the installation of fire alarms and the National Electrical Code. Public mode audible requirements. To ensure that audible public mode signals are clearly heard by occupants of a structure, they shall have a sound level at least 15 decibels (dB) above the average ambient sound level or five decibels (dB) above the maximum sound level having a duration of at least 60 seconds, whichever is greater, measured five feet (1.5m) above the floor in the area required to be served by the system using the A-weighted scale dBA. In the event the stated requirement cannot be met a shunt trip relay/switches shall be the approved method of meeting the intent of this section of the Code. (City Code of Ordinances 46-171) 7. Sprinkler system required (additional information needed to determine if this is required). System is to be monitored by an approved Fire Alarm System. This chapter shall apply to all buildings, structures, marine vessels, premises, and conditions which are modified by more than 50% after the effective date of these Regulations. The 50% figure shall be calculated utilizing the gross square footage of the building, structure, marine vessel, premises and conditions as to arrive at the correct application. Any proposal that is presented to the Office of the State Fire Marshal for review and approval for a building rehabilitation as defined in the 101 Life Safety Code, for less than 50% of the gross square footage of a non-sprinklered building, may not have another such project for the same building submitted for review and approval any sooner than three (3) years after the date of the final inspection unless sprinkler projection is provided throughout the entire building. In all buildings exceeding 10,000 square feet of aggregate, gross floor area. In all buildings in excess of 40 feet in height or more than four (4) stories in height. In all buildings or areas thereof used for the storage, fabricating, assembling, manufacturing, processing, display or sale of combustible goods, wares, merchandise, products, or materials when more than two (2) stories or 25 feet in height. In all basement areas exceeding 2,500 square feet floor area. In residential occupancies when of: Type V (0,0,0) or Type III (2,0,0) construction and exceeding two (2) stories or 25 feet in height. Type V (1,1,1) and Type III (2,1,1) or Type IV (2,H,H) construction exceeding three (3) stories or 3In all residential apartment buildings storage areas except individual unit closets that are located within individual residential living units. In all buildings used as health care occupancies as defined in the Life Safety Code, NFPA 101, as adopted and/or modified by these Regulations. In all buildings or areas classified as "high

hazard" under the Life Safety Code, NFPA 101, or "extra hazard" under the Standard for the Installation of Sprinkler Systems, NFPA 13, as adopted and/or modified by these Regulations. All buildings used as dormitories, in whole or in part, to house students at a public or private school or public or private institution of higher education. (16 Del.C. Ch. 88) This applies to all such dormitories regardless if new or existing. (2015 State of Delaware fire Prevention Regulations, 702, Chapter 4) Places of assembly shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 150 persons or greater. Any interior renovations of 50 percent or more to an existing place of assembly with an occupant load greater than 150 persons. Any additions or increase in interior size to an existing place of assembly that would create an occupant load of 150 persons or greater. Places of assembly where alcohol is served for consumption on the premises shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13 when the following apply: All new indoor places of assembly with an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. Any interior renovation of 50 percent or more to an existing place of assembly with an occupant load greater than 100 persons and where alcohol will be served for consumption on the premises. Any additions or increase in interior size to an existing place of assembly which would create an occupant load of 100 persons or greater and where alcohol will be served for consumption on the premises. New educational occupancies of 5,000 square feet or greater shall be sprinklered throughout in accordance with the most recently adopted edition of NFPA 13. (City of Dover Code of Ordinances 46-162) 8. Fire Department Connection is to be a 5-inch stortz connection on a 30 degree elbow located within 50 feet of main entrance. Access to the Fire Department Connection must be clear unobstructed access as defined by the AHJ. 9. Parking and/or obstructions shall be prohibited in front of fire department connections for a distance measuring from the center line and extending four feet on both sides. (2015 Delaware State Fire Prevention Regulations, 705, Chapter 5, 6.3.4) 10. Fire Department Connection to be located within 300 feet of fire hydrant, measured as hose would come off the fire equipment. 11. The installation of natural gas and LP gas meters, regulators, valves, and LP gas bottles shall be protected from impact damage by impact protection. Natural gas and LP gas meters, regulators, and valves located inside structures shall have impact protection, except when located in separate protected utility rooms. Dimensions of bollards. Bollards shall be a minimum of six-inch diameter filled with concrete. The bollard shall be set into the ground at a depth of at least 36 inches (three ft.) embedded in

concrete at a minimum of 18 inches surrounding the bollard. The bollards must be a least 48 inches (four ft.) in height above the finish grade elevation. Any deviation of the stated requirements must be approved by the fire marshal and/or chief building inspector. The above dimensions shall serve as the requirement for installation; however, the fire marshal and/or chief building inspector shall have the authority to require more stringent dimensions to fit the needs of devices warranting impact protection. Color of bollards. Bollards should be of the following colors; yellow, amber or orange. All colors shall be of fluorescent or have a reflective coating. Any deviation of the stated requirements must be approved by the fire marshal and/chief building inspector. (City of Dover Code of Ordinances, 46-4) 12. Every house, building or structure used or intended for use as living quarters or as a place for conducting business, and having any wall facing or abutting any public or private street or alley, shall have displayed on that wall, in legible, easily read characters which are of contrasting color to the background, the proper street number for such house, building, or structure in accordance with the following: One-family and two-family residential structures, height, the number shall measure a minimum of four inches in height, location, the number shall be placed on the house above or to the left or right of the front entrance, color, the number shall be contrasting to the background color, Arabic numerals, all numbers shall be Arabic numerals. Multiple-family dwellings, measurements, the number shall measure a minimum of six inches when identifying individual apartments with exterior doors, and 12 inches when identifying buildings with apartment complexes where there are two or more buildings not assigned street addresses. Individual buildings with street addresses shall have numbers measuring six inches, location, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, color, numbers shall be contrasting to the background color, Arabic numerals, all numbers used shall be Arabic numerals. Commercial, industrial and office buildings, height, the numbers shall measure a minimum of 12 inches in height, location generally, numbers shall be placed either in the center of the building or on the street end of the building so as to be visible from either the public or private street or from the parking lot, property line or driveway, should the building be located far enough from a public or private road so that the numbers are not clearly visible from the street, then the street address shall also be posted on the property at or near the property line or driveway to said building, color; each building, numbers shall be contrasting to the background color and shall be placed on each building in the complex, Arabic numerals, all numbers used shall be Arabic numerals, Shopping centers. Shopping centers consisting of two or more stores shall have a tenant or suite number affixed to the front of the tenant space and on the outside of the rear door which corresponds with that tenant space. Numbers shall measure six inches in height. (City of Dover Code of Ordinances, 98-344)

13. (Only required if a fire alarm system is required) A lock box (Knox) containing any and all means necessary for fire department access shall be provided at the following occupancies: any occupancy that contains a fire alarm signaling system that is monitored off-site, or any occupancy that contains an automatic sprinkler system. (2015 Delaware State Fire Prevention Regulations 705, Chapter 5, 2.4) Secured key systems. When required; exemption. A secured key system shall be required for any new or existing building where a fire alarm or sprinkler system is being installed. It shall be the responsibility of the owner or occupant to keep a set of keys in the secured key box that are current to the locks of the protected occupancy. Buildings with 24-hour staffing or guard service shall be exempt from this subsection. Location. The secured key system shall be located as close to the main entrance as possible. Should the building design not allow the secured key system to be located by the main entrance, the fire marshal and fire chief shall come to an agreement as to an alternate location for the key box. A secured key system, once installed, shall not be obstructed from view or obstructed by any means that would delay the fire department access to the box. Required keys. Keys to be secured in the key box shall include keys to all points of ingress or egress, whether on the interior or exterior of the building, and keys to locked mechanical rooms, electrical rooms, elevator rooms, fire alarm and sprinkler controls and any area protected by automatic fire detection. Keys to individual residential apartment units are not required. Ordering responsibility. It shall be the responsibility of the general contractor to order the key box for new buildings. It shall be the responsibility of the owner or tenant to order the key box for existing buildings. Installation before testing. No acceptance test for sprinklers or fire alarms shall be conducted before the installation of a key box. (City Code of Ordinances 46-127) Knox Box to be mounted 6 feet above ground level. 14. All required means of egress shall have an exit discharge consisting of a non-slip surface, and leading to and terminating at a public way. 15. Project to be completed per approved Site Plan. 16. Full building and fire plan review is required. 17. Separate building permits/plans submission will be required for each building and/or tenant fit out. If the permit submission is for a “shell” a Certificate of Occupancy will not be issued. Separate plans and permits submissions will be required for each “tenant fit out” at which time a Certificate of Occupancy will be issued upon compliance/completion of each “tenant fit out”. Each “shell” will require a fire permit for sprinkler and fire alarm if applicable. Those systems (for the “shell”) must be accepted into service prior to any “tenant fit out” fire permits being issued. 18. Construction or renovations cannot be started until building plans are approved. 19. Fire alarm systems, fire suppression systems, hoods, and hood suppression systems require a fire permit from the Fire marshal’s Office. This work cannot be started until the permit is approved.

20. Building cannot be occupied by the public until a Certificate of Occupancy is obtained. APPLICABLE CODES LISTED BELOW (NOT LIMITED TO): 2015 NFPA 1 Fire Code (NFPA; National Fire Protection Association) 2015 NFPA 101 Life Safety Code (NFPA; National Fire Protection Association) 2013 NFPA 72 National Fire Alarm and Signaling Code (NFPA; National Fire Protection Association) 2013 NFPA 13 Installation of Sprinkler Systems (NFPA; National Fire Protection Association) 2009 IBC (International Building Code) Latest editions of all other NFPA Codes as defined by the Delaware State Fire Prevention Regulations 2015 Delaware State Fire Prevention Regulations City of Dover Code of Ordinances *If you have any questions or need to discuss any of the above comments, please call the above contact person listed.

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: January 30, 2019 T =============================================================== APPLICATION: Lands of New Wind Properties 2920 LLC FILE#: AX-19-01 REVIEWING AGENCY: DelDOT CONTACT PERSON: Joshua Schwartz PHONE#: 302-760-2768 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. No Objection to the annexation and rezoning. Property Inbound access shall be from Maxwell Street 2. The plan is currently being reviewed by DelDOT.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY January 2018 APPLICATION: Lands of New Wind Properties FILE #: AX-19-01 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: Jessica L. Verchick, EIT PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: Source: 2019 Delaware Sediment and Stormwater Regulations CITY AND STATE CODE REQUIREMENTS: 1. Kent Conservation District has no objection to the annexation of the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: 1. If at any time expansion or earth disturbing activity (clearing, grubbing tree clearing etc.) takes place and exceeds 5000 square feet; a detailed Sediment and Stormwater Management Plan must be submitted and approved to the Kent Conversation District.

CITY OF DOVER PLANNING COMMISSION February 19, 2019 Excerpt from Meeting Minutes – Draft The Regular Meeting of the City of Dover Planning Commission was held on Tuesday, February 19, 2019 at 7:00 PM in the City Hall Council Chambers with Chairman Mr. Tolbert presiding. Members present were Mr. Adams, Mr. Roach, Ms. Edwards, Mr. Holt, Mr. Baldwin, Dr. Jones, Ms. Maucher and Mr. Tolbert. Mrs. Welsh was absent. Staff members present were Mr. Dave Hugg, Mrs. Dawn Melson-Williams, Mr. Jason Lyon, Mr. Julian Swierczek, Mr. Eddie Diaz and Mrs. Kristen Mullaney. AX-19-01 Lands of New Wind Properties 2920 LLC at 2920 N. DuPont Highway – Public Hearing and Review for Recommendation to City Council of an Annexation Request and Rezoning Request for a parcel of land totaling 0.57 acres +/- (25,000 SF) located at 2920 North DuPont Highway, Dover. The property is currently zoned BG (General Business Zone) in Kent County. The proposed zoning is C-4 (Highway Commercial Zone). The property is located on the east side of North DuPont Highway and adjacent to the north side of Maxwell Street. The annexation category according to Dover’s 2008 Comprehensive Plan is Category 1: High Priority Annexation Areas and the land use designation is Commercial. The owner of New Wind Properties 2920 LLC. Property Address: 2920 N. DuPont Highway. Tax Parcel: ED-00-057.02- 01-08.00-000. Proposed Council District 3. Ordinance #2019-01. The First Reading of this Annexation Request was completed on January 14, 2019. Final Reading/Public Hearing is scheduled before City Council for March 11, 2019. Representatives: Mr. Brock Parker, Parker and Associates Mrs. Melson-Williams stated that this is a request for Annexation. The applicants are the owner of record which is New Wind Properties 2920 LLC and also Franchise Management Services Inc. who is the potential redeveloper of the site. The property is 0.57 acres and located on the east side of North DuPont Highway and is adjacent to Maxwell Street. This is the area of the City that is up across from what was the old Dover Sheraton, the North Dover Lowes, north of Wawa and near the Dover Towne Center project that has the Outback Steakhouse Restaurant in the front. Currently, the property in the County is zoned BG (General Business Zone). They are requesting annexation into the City with a proposed zoning classification of C-4 (Highway Commercial Zone). With any Annexation, we have to look to the City’s Comprehensive Plan and in there we find that this area is designated as Category 1: High Priority for Annexation and has a land use designation of Commercial. On the property, there is currently a vacant commercial building and the potential development has been working through some of the review process with Kent County to redevelop that building into a restaurant with drive-through for that site. Tonight, the Planning Commission will be making a recommendation on the Annexation and a recommendation in regards to the zoning of the property. In doing so, our Comprehensive Plan calls for our zoning to be in compliance with the land use category that is outlined in the Excerpt of Planning Commission Meeting of February 19, 2019 Page 1 of 3

Comprehensive Plan. With a land use category of Commercial, the proposed zoning of C-4 (Highway Commercial Zone) does comply with that. Also, to be considered should be the character and compatibility of the surrounding land uses, the adjacent street types and the general environment that the property is located in. The DAC Report does include a listing of the types of uses that are allowed in the C-4 (Highway Commercial Zone). It allows for a variety of retail, office, restaurants and service type of establishments. It also allows for hotels, places of public assembly, some other service needs and some manufacturing type activities. There are also a number of conditional uses that could be reviewed in the C-4 (Highway Commercial Zone). It is the recommendation of Planning Staff that the Annexation occur and that the zoning of the property be C-4 (Highway Commercial Zone). Staff finds that the subject property is within the City’s Annexation Plan as a High Priority Annexation Area and that the C-4 (Highway Commercial Zone) zoning is consistent with the development along the highway corridor and is also consistent with the land use category of Commercial. In the DAC Report, a number of the participating agencies have provided comments. Basically, they have no objections to the Annexation of the parcel. They do provide a series of Advisory Comments related to redevelopment of the site. Specifically, the Public Works Office has noted that water and sanitary sewer is located on the west side of North DuPont Highway and the applicant is pursuing the ability to connect to City sewer through that office. The property already is served by City of Dover Electric. Likewise, the Fire Marshal’s Office has provided some advisory information related to fire protection needs of the site and the building should it become part of the City of Dover. DelDOT and the Kent Conservation District likewise have no objection to Annexation. Mr. Parker stated that they are the Civil Engineers and Surveyors representing the developers of the property. They take no exception to any of the comments in the Staff Report. The Advisory Comments are all things that we know and things that we are prepared to overcome. As you know, the property has been through the County portion of the planning process. It was at the conclusion of that planning process that they went in to get their septic system replaced. Once they started throwing in all of their arcs from all of their adjacent wells and septics, it just got too small for their feasible use for a Dunkin Donuts Store. They approached Dover and they said that there is sewer on the other side; so, their current plan is to tie that building into the sewer that is on the other side of the highway through a small lift station force main. Mr. Diaz (Mr. Jason Lyon) and his group have been very accommodating and helpful to them in trying to get that plan work together. They have met with DelDOT and they seem agreeable to letting them get across their road. The proposed zoning that is suggested by the City does fit their needs and their ultimate use. They take no exception to any of the comments in the DAC Report. Mr. Tolbert questioned if they will continue to work cooperatively with Planning Staff regarding this application? Responding to Mr. Tolbert, Mr. Parker stated yes. Mr. Tolbert opened a public hearing and after seeing no one wishing to speak, closed the public hearing. Ms. Maucher questioned if they were planning to connect to City water immediately or wait until the well fails? Responding to Ms. Maucher, Mr. Parker stated that they are going to wait until the well fails. DNREC is now reviewing the existing well to make sure that it’s sufficient for their Excerpt of Planning Commission Meeting of February 19, 2019 Page 2 of 3

use. Mr. Holt moved to recommend approval to City Council for application AX-19-01 to C-4 (Highway Commercial Zone). Ms. Edwards questioned if the motion should also include the Annexation of the property? Responding to Ms. Edwards, Mr. Tolbert stated absolutely. Mr. Holt moved to recommend approval to City Council for application AX-19-01 for annexation of the property and for the zoning of C-4 (Highway Commercial Zone), seconded by Dr. Jones and the motion was carried 8-0 by roll call vote. Mr. Holt voting yes; he thinks that it’s a good extension on the City Plan and should be a good fit for Dover. Mr. Baldwin voting yes. Dr. Jones voting yes. Ms. Maucher voting yes; based on Staff recommendations. Mr. Adams voting yes. Mr. Roach voting yes; you can never have too many Dunkin Donuts. Ms. Edwards voting yes. Mr. Tolbert voting yes; there are no problems with this application. Excerpt of Planning Commission Meeting of February 19, 2019 Page 3 of 3

Municipal Annexation Plan of Services Pursuant to Title 22, Delaware Code, §101, any city or town proposing to extend its boundaries, irrespective of any municipal charter provisions, whether such extension is proposed by action of the General Assembly or pursuant to the provisions of a home rule charter, must submit a Plan of Services to the Office of State Planning Coordination. The Plan of Services must be received by our office for review and acceptance at least 20 working days prior to the final discretionary action taken by the municipal legislative body. Please review your charter to identify the final discretionary action for your particular jurisdiction. For example, in some municipalities, the act of voting to hold a special election obligates the jurisdiction to annex the property in advance, pending the outcome of the election. For your information, provisions of the Delaware Code applicable to annexations are attached at the end of the Plan of Services. ● If you complete the form electronically, the template will expand as you type. You must also send a signed original form through the regular mail. To submit attachments electronically, place your cursor in the area indicated at the end of the document and use the Insert function on your toolbar. ● A completed Plan of Services demonstrates the ability of your municipality to provide utilities and public services to the area proposed for annexation. We welcome the inclusion of supplemental materials that illustrate the character of the site, any proposed development, and the impact the proposed annexation will have on your community. ● The form and all attachments must be fully completed at the time of submission. The Plan of Services will not be reviewed unless all attachments have been provided. You can use the list below to be sure all attachments have been included with the Plan of Services. Attachment Checklist Locator map attached Annexation map from comprehensive plan attached Water facilities plan attached on file with OSPC Water provider letter attached not applicable Wastewater facilities plan attached on file with OSPC Wastewater provider letter attached not applicable Electric provider letter attached not applicable Police, Fire, EMS letters attached Current municipal budget attached on file with OSPC Current municipal audit attached on file with OSPC Annexation agreements attached not applicable Planning or Annexation Committee report attached Signatures of Mayor and Town Engineer attached NOTES: )RUWKH:DWHUIDFLOLWLHVSODQDQGWKH:DVWHZDWHUIDFLOLWLHVSODQWKH&LW\RI'RYHU'HSDUWPHQWRI 3XEOLF:RUNVFDQPDNHDYDLODEOHIRUYLHZLQJWKH:DWHU0DVWHU3ODQDQGWKH:DVWHZDWHU 0DVWHU3ODQ7KHVHGRFXPHQWVDUHXQDYDLODEOHLQDQHOHFWURQLFIRUPDWWRHPDLO&RQWDFWWKH 'HSDUWPHQWDWIRU-DVRQ/\RQ:DWHU:DVWHZDWHU0DQDJHU 1

MUNICIPAL ANNEXATION PLAN OF SERVICES 1. Property Information 1.1 Property name/description: Lands of New Wind Properties 2920 LLC (AX-19-01) 1.2 Tax parcel identification number(s): ED-00-57.02-01-08.00-000 1.3 Address: 2920 North DuPont Highway City : Dover State: DE Zip code: 19901 1.4 Total acreage: 0.57 acres 1.5 Locator map which clearly shows the parcel(s) and demonstrates contiguity attached. 1.6 Annexation map from the certified municipal comprehensive plan which clearly indicates the location of the parcel(s) attached. 1.7 Name of petitioner for annexation: New Wind Properties 2920 LLC Address: 435 S. DuPont Highway City : Dover State: DE Zip code: 19901 1.8 Municipality name: Dover Contact person: Dawn Melson-Williams Address: P.O. Box 475 City : Dover State: DE Zip code: 19903 Phone: 736-7196 E-Mail: dmelson@dover.de.us $OVR&RQWDFW'DYLG6+XJJ,,,'LUHFWRURI3ODQQLQJ ,QVSHFWLRQVGKXJJ#GRYHUGHXV 2. Planning Information 2.1 Is the property developed? Yes No 5HXVHRUUHGHYHORSPHQWRIWKHH[LVWLQJEXLOGLQJPD\RFFXU 2.2 How is the property identified in the certified municipal annexation plan? Annexation area Short-term annexation area Long-term annexation area Other (define): Category 1: High Priority Annexation Area 2.3 What is the land-use designation in the certified municipal annexation plan? Commerical 2.4 Current use: Commercial (Vacant Building) Current county zoning: BG (General Business) 2.5 Proposed use: Restaurant w/drive-thru Proposed municipal zoning: C-4 +LJKZD\&RPPHUFLDO=RQH 2.6 Proposed density: N/A Maximum allowable density: FAR 4.0 2.7 EDUs within current municipal boundaries: Vacant acreage within current municipal boundaries: 2.8 Utility/Service: Provider: Water Existing on-site well; future by City of Dover Wastewater transmission potential City of Dover Wastewater treatment Kent County Electricity City of Dover (current customer) Police City of Dover Fire Dover Fire Department EMS Kent County Road maintenance and repair State of Delaware/DelDOT Other: 7KHZDWHUDQGVDQLWDU\VHZHULVDYDLODEOHRQWKHZHVWVLGHRI5RXWHZKLFKZRXOGUHTXLUHDXWLOLW\FURVVLQJRI5RXWH W\SLFDOO\ GLVFRXUDJHGE\'HO'27 7KHGHYHORSHULVSXUVXLQJWKHVDQLWDU\VHZHUFRQQHFWLRQWRWKH&LW\DQGLVLQGLVFXVVLRQZLWKWKH 'HSDUWPHQWRI3XEOLF:RUNVDQG'HO'27IRUGHVLJQRIWKLVVHUYLFHFRQQHFWLRQWRUHSODFHWKHH[LVWLQJRQVLWHVHSWLFV\VWHP 2

3. Abbreviated Plan of Services Indicate if any of the following conditions apply to the proposed annexation area and proceed to Section 9. If none apply, proceed to Section 4. The property is an enclave1 of five (5) acres or less. The property is ten (10) acres or less and more than 50% is within municipal boundaries. The property has been subdivided and fully developed and utilities and services are currently provided by the municipality. The property has been subdivided and fully developed and utilities/services are provided by the municipality or another public utility. The public utility must supply a letter of concurrence describing their ability to provide necessary services to the proposed annexation area. 4. Water System 4.1 Check here if the municipality will provide water to the proposed annexation area, attach relevant sections of the most recent water facilities plan and complete Items 4.2 through 4.7. If not, proceed to Item 4.8. 'HYHORSHUKRSHVWRXVHH[LVWLQJRQVLWHZHOO&LW\LVDIXWXUHSRWHQWLDOVHUYLFHSURYLGHULIZHOOIDLOV 4.2 Current municipal system capacity (maximum gpd without capital expenditure): 10,500,000gpd 4.3 Average municipal water usage (gpd): 4,819,100 gpd 4.4 DNREC permit #: 87-00180RAM3, 87-0018brm1, 92-00021 0 DNREC permit allocation (gpd): JSG 4.5 Estimated future water demand (gpd) within current municipal boundaries based on approved EDUs and full build-out of vacant acreage under current zoning: 3,125,000 gpd 4.6 Estimated future water demand for the proposed annexation area (gpd) based on EDUs for proposed density or maximum allowable density under the proposed zoning: unknown 4.7 If the current infrastructure cannot meet the estimated demand of the proposed annexation area, indicate how this will be addressed: Developer is responsible for all costs associated with extending DQGSURYLGLQJ 4.8 If the municipality does not provide water, attach statement(s) from the water provider indicating VHUYLFHV their ability to serve the proposed annexation area and briefly describing system capacity and capital improvements needed to support either the proposed density or maximum allowable density under the proposed zoning. The provider should detail specific phasing plans or other special arrangements needed to supply service to the annexation area. letter attached 5. Wastewater System 5.1 Check here if the proposed annexation area will be served by a public wastewater system and complete Items 5.2 through 5.8. If not, complete Items 5.8 and 5.9. 6HHQRWHRQSDJH&LW\LVSRWHQWLDOSURYLGHU 5.2 Check here if the municipality will transmit and treat wastewater from the proposed annexation area, attach relevant sections of the wastewater facilities plan, and complete Items 5.3 through 5.8. Check here if the municipality will transmit wastewater to another treatment operator and proceed to Item 5.9. &LW\WUDQVPLWVWR.HQW&RXQW\IRUWUHDWPHQW Check here if wastewater will be transmitted and treated by another treatment operator and proceed to Item 5.9. 5.3 Current municipal treatment capacity (daily maximum gpd without capital expenditure): 5.4 Current municipal average wastewater flow (gpd): 5.5 DNREC permitted discharge (gpd): 5.6 Estimated future wastewater demand (gpd) within current municipal boundaries based on approved EDUs and full build-out of vacant acreage under current zoning: 3

5.7 Estimated future wastewater demand for proposed annexation area (gpd) based on EDUs under the proposed density or maximum allowable density under the proposed zoning: unknown 5.8 Describe any municipal or developer funded infrastructure improvements necessary to transmit and/or treat waste from the proposed annexation area. 5.9 If the municipality does not provide wastewater transmission and/or treatment, attach statement(s) from the wastewater service provider and/or treatment operator indicating their ability to serve the proposed annexation area and briefly describing system capacity and capital improvements needed to support either the proposed density or maximum allowable density under the proposed zoning. The provider should detail specific phasing plans or other special arrangements needed to supply service to the annexation area. letter attached 6. Electricity 6.1 Check here if the municipality will provide electric service to the proposed annexation area and complete Items 6.2 and 6.3. If not, proceed to Item 6.4. 3URSHUW\LVFXUUHQW&LW\(OHFWULFFXVWRPHU 6.2 Date of the most recent municipal electrical facilities plan: unknown 6.3 Describe electrical upgrades underway or planned within the next 5 years for the proposed annexation area: City-wide system upgrades explained in the Budget documents. 6.4 If electrical service is to be provided by another jurisdiction or a public utility regulated by the Delaware Public Service Commission, attach a statement from the provider indicating their ability to serve the proposed annexation area and briefly describing phasing plans or special arrangements needed to support either the proposed density or maximum allowable density under the proposed zoning. letter attached 7. Public Safety 7.1 Public safety and other non-municipal authorities are obligated to serve their territories and are to be notified of proposed annexations. Attach copies of notification letters and any responses to and from non-municipal police, fire, EMS, county or other authorities having jurisdiction in the proposed annexation area. letters attached 8. Fiscal Information 8.1 Attach a copy of the municipality’s current fiscal year budget. /LQNWR)<%XGJHWSURYLGHG budget attached budget on file with Office of State Planning Coordination budget not available; the fiscal management practices of the municipality are described as follows : /LQNWR&RPSUHKHQVLYH$QQXDO)LQDQFLDO5HSRUWIRU\HDUHQGLQJ 8.2 Attach a copy of the most recent audit prepared for the municipality. ,QFOXGHVDXGLWLQIRUPDWLRQ audit attached audit on file with Office of State Planning Coordination audit not available 8.3 If applicable, attach copies of any annexation agreement(s) with owners, potential buyers or developers, and/or service providers pertaining to the proposed annexation area. agreement(s) attached not applicable 8.4 If applicable, use the following table to indicate the source of funds to construct infrastructure necessary to develop the annexation area to either the proposed density or maximum allowable density under the proposed zoning. not applicable 4

Impact Fees or Capital Other Municipal Annexation Fees from Infrastructure Improvements D Funds 181 Developer or Public Utility - Water system ~ r6d Wastewater transmission ~~ ru Wastewater treatment il _J Electrical system - 2SI Public streets D ~ 8.5 If applicable, use the following table to Indicate the source of funds to maintain the annexation area when cQtoped to either the proposed density or maximum allowable density under the proposed zoning. D not applicable Homeowner Public Utility Operating or Fees or Other Municipal and Condominium Enterprise Funds Maintenance Costs Association Funds 2 Waters stem Wastewater transmission Wastewater treatment Electrical s stem Public streets 9. Certifications The undersigned certify that the information provided in this Plan of Services is complete and accurate to the r xtent practicable and that all letters required from service and utility providers are attached. ~~r~-- di/1 \; 1 11 JL' / Place your cursor below this line and use the Insert function on your tool bar to attach documents electronically. 5

Municipal Annexation Plan of Services Summary of Attachments City of Dover, DE Annexation of 2920 N. DuPont Highway, Dover DE Attachments: • Location map: Zoning Map Exhibit AX-19-01 • Annexation map from Comprehensive Plan: o Map 13-1 Potential Annexation Areas o Map 13-2 Potential Land Use for Annexation Areas • Wastewater provider letter: o Letter to Kent County Department of Public Works o Letter from Kent County Department of Public Works of February 27, 2019 • Email regarding Electric Service • Police, Fire, and EMS Letters: o Email Set Requesting Information o Letter to Dover Police Department and Email Response o Letter to Dover Fire Department o Letter to Kent County Emergency Medical Services • Report to Utility Committee on AX-19-01 Lands of New Wind Properties 2920 LLC at 2920 N. DuPont Highway • Development Advisory Committee (DAC) Report on AX-19-01 Lands of New Wind Properties 2920 LLC at 2920 N. DuPont Highway forwarded to Planning Commission for meeting of February 19, 2019 Other Reference Links: • City of Dover FY2018-2019 Budget https://www.cityofdover.com/public-documents • City of Dover Comprehensive Annual Financial Report (CAFR) for Year Ending June 30, 2018. Page 21 includes Audit information as Report of Independent Public Accountants https://www.cityofdover.com/public-documents-finance

City of Dover MAYOR AND COUNCIL PROPOSED COUNCIL RESOLUTION NO. 2019-03 1 A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE 2 CITY OF DOVER. 3 WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City 4 in accordance with Title 22, Chapter 1, Section 101 of the Delaware Code (22 Del.C.§ 101); and 5 WHEREAS, the Mayor and Council deem it to be in the best interest of the City of Dover to include an area 6 contiguous to the present City limits, and hereinafter more particularly described, within the limits of the 7 City of Dover; and 8 WHEREAS, the Charter of the City of Dover provides that if an annexation is petitioned by all owners of 9 all property considered for annexation, no election shall be required. For an annexation petition not 10 requiring an election, such petition shall be processed in accordance with procedures established for 11 amendments to the zoning map, specified in Dover Code, Appendix B - Zoning. All annexation petitions 12 shall be processed concurrently with the rezoning of the property considered for annexation and shall be 13 subject to public hearing before City Council. Public notice shall be completed in accordance with the 14 provisions of the Dover Code relating to amendment of the zoning map. 15 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, 16 IN COUNCIL MET: 17 1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, 18 along with all adjacent paths, sidewalks, roadways, and rights-of-way in their entirety, shall be annexed to 19 and included within the limits of the City of Dover: 20 ALL those certain lot, piece or parcel of land with the improvements thereon erected situated 21 in East Dover Hundred, Kent County, and State of Delaware, lying on the northeast 22 intersection of Maxwell Street and U.S. Route #13, being bounded on the west by Route #13, 23 on the north by lands of Lee F. Slaughter, Jr. on the east by lands of Carl F. McNatt and on 24 the south by Maxwell Street and being more particularly described in accordance with a 25 survey by Earl D. Smith, Professional Land Surveyor, dated November 4, 1991, amended 26 November 15, 1991, as follows, to-wit: 27 BEGINNING at a pipe found at the intersection of the north line of Maxwell Street with the 28 east line of U.S. Route #13; thence running from said point of Beginning with the east line 29 of U.S. Route #13 North 40 deg. 00 min. West 200.00 feet to a concrete monument at a 30 comer for this lot and for lands of Lee F. Slaughter, Jr.; thence running with said lands of 31 Lee F. Slaughter, Jr. North 50 deg. 00 min. East 125.00 feet to a P.K. nail at a comer for this P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service

City of Dover MAYOR AND COUNCIL 32 lot and lands of Carl F. McNatt; thence running with said lands of Carl F. McNatt South 33 40 deg. 00 min. East 200.00 feet to an electric pole in the north line of Maxwell Street; 34 thence running with said north line of Maxwell Street South 50 deg. 00 min. West 125.00 35 feet to the point and place of Beginning and containing 25,000 square feet of land be the 36 same more or less. 37 TOGETHER with all of the party of the first part’s right, title and interest, if any, in and to 38 (i) any improvements thereupon, and (ii) any rights, alleys, ways, waters, privileges, 39 appurtenances and advantages to the same, belonging or in any way appertaining 40 (collectively, the “Real Estate”). 41 The Real Estate is conveyed subject to all easements, conditions, restrictions, agreements and 42 out-conveyances of record that lawfully apply to the Real Estate or any part thereof. 43 BEING the same lands and premises which CKI, LLC, a Delaware limited liability company, 44 by Deed dated March 18, 2003 and recorded May 8, 2003 in the Office of the Recorder of 45 Deeds in and for Kent County, State of Delaware in Deed Book 537, Page 285, did grant and 46 convey unto Realty Income Corporation, a Maryland corporation, in fee. 47 2. That the above described property shall be annexed into the City of Dover with a zoning 48 classification as set by City Council and in accordance with the zoning map and environs then in force, 49 effective upon such lands being included within the limits of the City of Dover. 50 3. That the certified copy of this resolution of annexation, together with a plot of the area annexed, shall 51 be filed for record with the Recorder of Deeds of Kent County. 52 4. That the effective date of this resolution shall be the 29th day of May, 2019 at 12:01 a.m. 53 ADOPTED: * 54 S:\RESOLUTIONS-PROCLAMATIONS-TRIBUTES\2019\DRAFT\RESOLUTION NO 2019-03 ANNEXATION 2920 NORTH DUPONT HIGHWAY\RESOLUTION NO 2019-03 ANNEXATION-2920 NORTH 55 DUPONT HIGHWAY 05-28-2019.wpd 56 57 ROBIN R. CHRISTIANSEN TIMOTHY A. SLAVIN 58 MAYOR COUNCIL PRESIDENT 59 Actions History 60 05/28/2019 - Scheduled for Introduction - City Council 61 04/22/2019 - Introduction Postponed until May 28, 2019 - City Council 62 03/11/2019 - Introduction Postponed until April 22, 2019 - City Council P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service

FINAL READING CITY OF DOVER PROPOSED ORDINANCE #2019-01 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 2920 NORTH DUPONT HIGHWAY 4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the 5 limits of the City of Dover; and 6 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property 7 described below from BG - General Business (Kent County zoning classification) to C-4 - Highway 8 Commercial (City of Dover zoning classification). 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 BG - 13 General Business (Kent County zoning classification) to C-4 - Highway Commercial (City of Dover 14 zoning classification) on that property located at 2920 North DuPont Highway (on the east side of 15 North DuPont Highway and adjacent to the north side of Maxwell Street), consisting of 0.57+/- acres 16 (25,000 S.F.), owned by NewWind Properties 2920 LLC. 17 (TAX PARCEL: ED-00-057.02-01-08.00-000; PLANNING REFERENCE: AX-19-01; COUNCIL DISTRICT: 3) 18 ADOPTED: * 19 S:\ORDINANCES\2019\DRAFT\ORDINANCE #2019-01-REZONING-ANNEXATION-2920 NORTH DUPONT HWY\Annexation-Rezoning Ordinance - Final Reading 05-28-2019.wpd 20 Actions History 21 May 28, 2019 - Scheduled for Public Hearing/Final Reading - City Council 22 April 22, 2019 - Public Hearing/Final Reading Postponed until May 28, 2019 - City Council 23 March 11, 2019 - Public Hearing/Final Reading Postponed until April 22, 2019 - City Council 24 February 19, 2019 - Public Hearing - Planning Commission 25 January 14, 2019 - First Reading - City Council

DOVER HUMAN RELATIONS COMMISSION The Dover Human Relations Commission (DHRC) met on April 18, 2019 at 6:10 p.m. with Chairman Gaddis presiding. Members present were Mr. Fleming, Mr. Rocha, and Ms. Mullen. Mrs. Mishoe Paige, and Mrs. Herbert were absent. OPEN FORUM The Open Forum was held at 6:00 p.m., prior to the commencement of the Official Commission Meeting. Mr. Gaddis declared the Open Forum in session and reminded those present that the Commission was not in official session and could not take formal action. There was no one present wishing to speak during the Open Forum. AGENDA ADDITIONS/DELETIONS Mr. Fleming moved for approval of the agenda, seconded by Mr. Rocha and unanimously carried. Proposed Revisions to DHRC Brochure Members discussed the DHRC Brochure, noting that they each had different versions. Mr. Fleming suggested revising the “Mission Statement” and “What We Do” portions of the brochure to read, as follows: The Commission works with City Council and City administration, and other community organizations, to strengthen intergroup relationships and eliminate discrimination, and to anticipate, prepare for, and resolve incidents of intergroup conflicts and disputes within the city. We build on it’s partnership with Dover P.D., identify additional human relations approaches and lessons that can be integrated into Delaware Police Department community relations strategy. Mr. Gaddis stated that he thought the DHRC was supposed to foster positive relationships; however, he did not believe the DHRC was supposed to be involved in any conflicts. Mr. Gaddis requested that Mr. Fleming email his suggested revisions to the City Clerk’s Office for members’ consideration at the next meeting. Discussion - Open Forum Format Members discussed whether or not to continue the Open Forum segment of the DHRC meetings. Mr. Fleming moved to recommend the discontinuation of the Open Forum segment of the DHRC meetings, seconded by Ms. Mullen.

DOVER HUMAN RELATIONS COMMISSION MEETING OF APRIL 18, 2019 PAGE 2 Responding to Mr. Rocha, Mr. Gaddis explained that if the Open Forum segment is discontinued, a person wishing to speak would need to contact a member of the Commission or the City Clerk’s Office to request that the Chair place their item on the agenda for consideration. Ms. Denise Devine, Assistant City Clerk, noted that Chapter 58 - Human Relations of the Dover Code allows the chair or three (3) members of the Commission to call a special meeting. The motion to recommend the discontinuation of the Open Forum segment of the DHRC meetings was unanimously carried. Mr. Rocha noted that the DHRC Strategic Plan had expired and requested that members begin the process of updating it for another three (3) years. Members agreed to review the Strategic Plan during their next meeting. Mr. Rocha moved for adjournment, seconded by Fleming and unanimously carried. Meeting adjourned at 6:39 p.m. Alan P. Gaddis Chair TAH/DD/jt S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Misc-Minutes\DHRC\2019\04-18-2019 DHRC Minutes.wpd

DOVER HUMAN RELATIONS COMMISSION The Dover Human Relations Commission (DHRC) met on May 16, 2019 at 6:00 p.m. with Chairman Gaddis presiding. Members present were Mr. Fleming, Mrs. Herbert, and Mr. Rocha. Ms. Mullen and Ms. Mishoe Paige were absent. ADOPTION OF AGENDA Mr. Fleming moved for approval of the agenda, seconded by Mr. Rocha and unanimously carried. Proposed Revisions to DHRC Brochure Responding to Mr. Gaddis regarding the revisions Mr. Fleming suggested during the DHRC meeting of April 18, 2019, Mr. Fleming stated that he thought the brochure was okay as approved by Council. Mr. Fleming noted that he did not have any significant changes to the brochure. Discussion to Update the DHRC Strategic Plan Members reviewed the City of Dover Human Relations Commission Strategic Plan 2015-2018. Mr. Gaddis noted that he believed the third paragraph of Section II. Mission of the plan regarding resolving incidents of intergroup conflicts and disputes within the City, was problematic because it falls under the purview of the State Human Relations Commission. Mrs. Herbert stated that she thought the first paragraph is a very good mission statement, but the second half of it is basically how it’s going to be done, which is not really part of the mission statement. She stated that they don’t want to have a statement that is open to interpretation. Mrs. Herbert noted that they want to make sure it’s very clear what the DHRC will do, and that members can’t clarify what the DHRC will do until they look at the City Code and pick out what three (3) or four (4) things they are going to do. She indicated that she thought that they needed to make things as simple as possible. Mr. Rocha stated that he agreed with Mrs. Herbert. Mr. Rocha noted that whether or not they need to rework the first paragraph, he thought that members should be able to communicate their mission to the public. He stated that he thought having a mission statement consisting of three (3) paragraphs becomes difficult to convey. Mr. Rocha moved to recommend that the DHRC refresh the mission statement for the Strategic Plan, seconded by Mrs. Herbert. Responding to Mr. Rocha, Ms. Denise Devine, Assistant City Clerk, stated that members would not be able to email each other to gain opinions on the mission statement before they meet next month. She explained that would be a serial meeting, but if he wanted to draft something and provide it to the City Clerk’s Office, it could be included in the packet for next month, that way everybody would have a chance to review it and it would still be a public document. Ms. Devine noted that development of a strategic plan is not required by the Code. She stated that it was something that the former members wanted to do.

DOVER HUMAN RELATIONS COMMISSION MEETING OF MAY 16, 2019 PAGE 2 Mr. Rocha withdrew the motion to recommend that the DHRC refresh the mission statement for the Strategic Plan. Mr. Rocha moved to recommend that the DHRC hold a Workshop, seconded by Mrs. Herbert and unanimously carried. Mrs. Herbert moved to recommend that the DHRC hold a Workshop on June 20, 2019 at 6:00 p.m. to begin working on their goals and objectives. The motion was seconded by Mr. Rocha and unanimously carried. Mr. Rocha stated that he brings a binder with him to each meeting and plans to include Chapter 58 of the Code, the DHRC Strategic Plan, and meeting agendas and minutes for reference. He proposed that, once the Commission builds a process, members prepare a binder for their own use, which they will leave for their replacements upon their departure from the Commission. Mrs. Herbert stated that she agreed with Mr. Rocha. Mr. Fleming moved for adjournment, seconded by Mrs. Herbert and unanimously carried. Meeting adjourned at 6:37 p.m. Alan P. Gaddis Chair APG/jt/dd S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Misc-Minutes\DHRC\2019\05-16-2019 DHRC Minutes.wpd