Council Minutes

REGULAR COUNCIL MEETING The Regular Council Meeting was held on January 11, 2010 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters, and Mr. Ruane. Council staff members present were Captain Bernat, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Fire Chief Christiansen, Mr. DePrima, City Solicitor Rodriguez, Mrs. McDowell, and Mayor Carey. OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action. Mr. Eric O=Brien, 30 N. New Street, stated that the Police Department has been doing an excellent job addressing his prior concerns of loud noise, loitering, and prostitution on New Street. Mr. O=Brien advised members that he is responsible for the weekly maintenance of the vacant Southern States property. He noted that the next door neighbor, Terrapin Recycling, LLC, has been trespassing on the property for two (2) years and leaving stolen shopping carts which have been brought to their business. Mr. O=Brien requested the City to take necessary action to prevent the littering, trespassing, illegal dumping, and receipt and possession of stolen property at the Southern States property. He also provided photos and other documentation of the violation (as on file in the Office of the City Clerk). The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Mr. McGiffin moved for approval of the agenda, seconded by Mrs. Russell and unanimously carried. Mr. McGlumphy moved for approval of the Consent Agenda, seconded by Mr. Salters and carried by a unanimous roll call vote. ADOPTION OF MINUTES - COUNCIL WORKSHOP OF DECEMBER 7, 2009 The Minutes of the Council Workshop of December 7, 2009 were unanimously approved by motion of Mr. McGlumphy, seconded by Mr. Salters and bore the written approval of Mayor Carey. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF DECEMBER 14, 2009 The Minutes of the Regular Council Meeting of December 14, 2009 were unanimously approved by motion of Mr. McGlumphy, seconded by Mr. Salters and bore the written approval of Mayor Carey.

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 2 PRESENTATION - RECOGNITION OF SERVICE - WILLIAM J. DIMONDI - PLANNING COMMISSION (JUNE 1992 THROUGH NOVEMBER 2009) On behalf of members of Council, Mayor Carey presented Mr. DiMondi with a Dover Cup in recognition of his many years of service on the Planning Commission. Mr. DiMondi thanked members for the recognition. SNOW STORM AND SNOW REMOVAL EFFORTS At the request of Council President Williams, Mr. Anthony DePrima, City Manager, provided an update on the snow storm of December 18, 2009 and the snow removal effort. He noted that this was a very difficult storm and it had been six (6) years since the last major snow storm. Mr. DePrima advised members that there was a debriefing involving all departments on January 7, 2010 and Mayor Carey hosted a meeting with the State to discuss the cleanup. Mr. DePrima stated that many things could have gone better and he took full responsibility for the snow removal situation. He also noted that a lot of things went right, the employees did the best they could under the circumstances, and he was very proud of their efforts. Mr. DePrima advised members that a Snow Emergency Plan is published each year by the Public Services Director, Mr. Scott Koenig. He noted the following with regard to the Snow Emergency Plan: < Covers 100 miles of road, which is 10 additional miles since the 2003 storm, with the same amount of equipment and personnel. < Sets forth who monitors the forecasts and current conditions, who makes decision to invoke the plan and start the 12 hour plowing shifts. < Sets forth five (5) snow removal districts, and what equipment goes in the district < Emergency Snow Routes - Governors Avenue, State Street, and Route 8 - are given priority. < Contains Appendices that list: 1) What streets and alleys are to be cleared with loaders; 2) Priority sidewalks; 3) Personnel crew assignments with phone numbers; 4) Personnel lists with phone numbers; 5) Do not plow list; 6) Equipment lists; and 7) Public parking list. Mr. DePrima offered the following Timeline of Events: < 10:00 p.m. Friday, December 18, 2009 - Snow began falling. < 1:00 a.m. Saturday, December 19, 2009 - Supervisors arrived. < 4:00 a.m. Saturday - Salting and sanding operations began. < 4:00 a.m. Saturday - Snow Plan implemented, 12-12 plow crews and fleet maintenance began. < Saturday and Sunday - Emergency Management Coordinator and Public Services Director monitored operations all day. City Manager monitored operations partial days on Saturday and Sunday. < 12:00 Noon Saturday - Governor declared State of Emergency. < Saturday Morning - Cleared emergency snow routes and began local snow removal.

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 3 < 1:00 p.m. - 3:00 p.m. Saturday - White out conditions - plows directed to return to, and remain at, emergency snow routes because the snow was falling too fast to plow local streets (in accordance with the plan). < Saturday evening - Plows and loaders were directed to start local roads because the snow was starting to get too deep for the three (3) light plows; medium plows were working in tandem with the loaders because they were also getting stuck. < 3:00 p.m. Sunday - State of Emergency lifted. < Midnight Monday - Ended 12-12 crews, kept partial crews in place. < 7:00 a.m. Tuesday - Normal operations, clean up of piles begins and continues. < 7:30 - 11:30 p.m. Tuesday - Supervisors Wes Roan and Ron Swaggard return after hours and make special effort to clear State Street and Governors Avenue. Mr. DePrima provided a profile of the current staff and equipment, as follows: < Front line plowing crews consist of one (1) supervisor and 15 operators for plowing streets and public parking lots (police station, water plant). The same crew is responsible for Sanitation, Streets, and Water\Wastewater. The crew is currently short four (4) employees due to the hiring freeze. < Grounds crew consists of ten (10) employees responsible for pubic sidewalks, parking lots, and public building walkways. This crew is not impacted by the hiring freeze. < Electric crew consists of four (4) employees dedicated to clearing electric utility facilities. This crew is not impacted by the hiring freeze. < Operations monitored by the Emergency Management Coordinator (1) and the Public Services Manager (1). < Medium weight plows - six (6); light weight plows - three (3); loaders - three (3); backhoes - four (4) - used mainly to clear cul-de-sacs, parking lots, and intersections; Graders - one (1); numerous small pieces for sidewalks. The plows do not have down pressure, which means they ride over the snow. Mr. DePrima noted the following conditions that made this snowfall different and more difficult than previous storms: < 18+ inches of snow (not the largest). < Rapid accumulations in two successive waves. The first was powdery, the second wet. < Weekend before Christmas - a lot of traffic on the roads - Fire Department responded to 36 incidents, heavy traffic caused packing of snow on the roads, making it difficult to plow. < Governors State of Emergency was not abided by. < Rapid accumulations caught many people off guard, leading to the largest number of abandoned vehicles in memory. The abandoned vehicles became an impediment to plowing and drew resources to deal with abandoned vehicles. < Temperature fluctuated around the freezing temperature, causing the snow to

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 4 freeze and thaw, which led to the washboarding effect, which was most pronounced on Governors Avenue and State Street where four (4) inches of snow was heavily packed. The packed snow then became ice and it was impossible to plow. Required the use of the loader. < South Governors Avenue under construction - were not going to take a risk of damaging equipment. < Inexperienced staff - a great deal of turnover in the last few years, supervisors reported that, for a number of plow drivers, this was their first time in these conditions; they were more cautious and took more time. < Same size crews (except four (4) short); however, we have 10.5 more miles of local streets than in 2003. Mr. DePrima advised members of the following things that went wrong and what can be improved upon: < We did not trigger the Uniform Incident Command System (no central command set up). < Lack of communication between departments. < Did not utilize our public communication resources to the fullest (reverse 911) to plead for people to stay of the street, move vehicles in emergency routes, etc. < Two resources not deployed - grader (downtown) and one backhoe. < Did not discuss the use of private contractors, by the time we began to discuss the option it was too late. < Were fooled by warming temperatures on Monday and Tuesday. < Did not clear firehouse enough to the Chief=s satisfaction. < Assumed that State Street and Governors Avenue were also on the State=s plowing list when they were not. < Did not close Loockerman Street block by block, did not use the grader (experience) < Improperly advised people to call the State about some streets, not good customer service. Triggered unnecessary confusion in the papers. < Tuesday night after the traffic was gone, we deployed two loaders and a plow to clear State Street and Governors Avenue; however, it was too late, we should have done that Monday night. < Too conservative on the use of snow melt chemicals (concerned about cost). Mr. DePrima reported the following things that will be done or considered in the future: < Create a new section of the Emergency Snow Plan specific for large snow events that goes into more detail and memorializes what we learn. < Will discuss establishment of the Unified Command and setting up the emergency operations center upon forecast of eight (8) inches or more. < Plan for using contractors and have them pre-contracted. < Re-evaluate snow routes.

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 5 < Plan to use experienced retirees. < Housing plan for plowing crews (purchase cots). < Preseason training section for all staff, with special training for inexperienced plowmen. < Open a properly equipped centralized citizen complaint center. < Use of limited State of Emergency by Mayor to exercise greater control over roads. < Guidance on appropriate use of chemical de-icing treatment. < Consider assigning 4-wheel drive vehicles to Police Command staff, which then would be used as patrol vehicles during snow emergencies instead of borrowing from other departments. < Consider shutting down alternately State Street then Governors Avenue (to allow local and emergency traffic) so they can be cleared to the pavement without having traffic interfering or packing snow. < Consider expanding authority to declare buildings dangerous during emergencies so the Dover Fire Department does not have to wait for Inspections staff and Inspectors are not put at risk. < Dover Fire Department will be ordering larger chains for their vehicles. < Equipment to consider for purchase - two (2) Bobcats for parking areas, two (2) heavy dump trucks, a brine system, some V plows, fit out the existing Fire Marshal=s ATV for winter use, chains for some vehicles. < Consider a parking ban in cul-de-sacs during snow emergency - would require a change in ordinance. < Clarify when parking can resume in snow emergency. < Consider city-wide alternate side of street parking in snow emergency. < For salting efforts, create a salt shed and put doors on the truck barn so we can have a heated place for salt trucks (stops freezing in the bed of truck and in storage). < Speak to Wesley College about the use of the parking lots for citizens to keep cars off of Governors Avenue (suggestion received from the Blog site). Mr. DePrima reported on what went right, as follows: < Almost no electric outages - combination of 15 years of burying lines, plus wind conditions pushed snow off of trees and lines. < No water breaks, no building collapses, and temperature not that low. < Police towed early on emergency snow routes - 25 vehicles towed. < Moved ambulance to fire houses where the ambulance crews were treated with food and housing. < Transferred 4X4 vehicles from Utilities and Public Services for Police use. < Provided transport services for Bayhealth nurses and doctors. < No major equipment failures, garage kept vehicles going. < No accidents or damages, so far only one insurance claim. < Opened a central citizen complaint center on Monday. < Ordered the downtown sidewalk cleared.

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 6 < Dover Fire Department logged 836 volunteer hours by their fire fighters. < Productive meeting with the State of Delaware - there are city-wide agreements dating from 1962 and 1984 that make Dover responsible for snow plowing all state roads. The State plows most, but not all, State routes (State maintained roads) in Dover. Governors Avenue will be added to their plow route, as will State Street, "upon request". The City will assume plowing responsibility for Horsepond Road and Lafferty Lane. < The State has offered to assist us in evaluating a brine system. Mr. DePrima reported on the cost of the snow storm, as follows: < $10,000 on salt, sand, meals for crews, and parts for the vehicles < $22,000 in overtime Mr. DePrima thanked the management staff, Scott Koenig, Wes Roan, Ron Swaggard, and Wayne Hutchison; the Police, Fire, and Ambulance Services; all of the plowmen, grounds crews, utility crews, and volunteers who worked in the snow. He also thanked all of the people at City Hall who fielded many phone calls, including Carolee O=Neal, Jeremy Gibb, and the dispatch center staff. Responding to Mr. McGlumphy, Mr. DePrima stated that the front-end loaders are capable of scraping the road. He noted that they are currently capable of handling up to eight (8) inches of snow. Mr. DePrima stated that they would be considering larger dump trucks and 4-wheel drive vehicles when older vehicles are due for replacement. Responding to Mr. Leary, Mr. DePrima stated that he would not advocate trading in equipment that is still useful for heavier duty equipment based on the typical snowfall amount. Mr. Wes Roan, Public Services Operations Manager, recommended salting earlier and heavier, focusing on the emergency snow routes, and providing more staff training. Council President Williams requested the City Manager to contact retirees concerning working during future snowstorms. Mr. Hogan suggested advising residents to move their vehicles off of the streets when there is a snowstorm in the forecast. Mr. DePrima noted that they could also require residents to park on the odd-address side of the streets to make snow plowing easier. RESCHEDULING OF PUBLIC HEARING/FINAL READING - 1051 COLLEGE ROAD A public hearing was duly advertised for this time and place to consider rezoning of property located at 1051 College Road, owned by Lands of JNK, LLC, consisting of 4.32+/- acres, less a street right-of-way area consisting of 0.55+/- acres that divides the original tract into two pieces. These properties are currently zoned R-8 (One-family Residence) and the proposed zoning is RG- 2 (General Residence). Council President Williams advised members that, due to inclement weather, this item was not

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 7 considered by the Planning Commission on December 21, 2009. As a result, staff recommended referral to the Planning Commission on Tuesday, January 19, 2010 and that a Public Hearing before City Council be rescheduled for February 8, 2010. The First Reading of proposed Ordinance #2009-29 was accomplished during the Council Meeting of November 23, 2009. Mr. Hogan moved to refer the application to the Planning Commission on January 19, 2010 and to reschedule the public hearing/final reading for February 8, 2010 at 7:30 p.m. for the rezoning of property located at 1051 College Road, owned by Lands of JNK, LLC, consisting of 4.32+/- acres, less a street right-of-way area consisting of 0.55+/- acres that divides the original tract into two pieces. The motion was seconded by Mr. Salters and unanimously carried. SPECIAL SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - DECEMBER 7, 2009 A Special Safety Advisory and Transportation Committee met on December 7, 2009, with Councilman Hogan presiding in the absence of Chairman Slavin (arrived at 5:41 p.m.). Presentation - Overview of New Emergency Operations Plan Mr. Wayne Hutchison, Emergency Management Coordinator, reviewed a presentation entitled " City of Dover Emergency Operations Plan". Mr. Hutchison stated that the National Incident Management Systems (NIMS) passed the Post- Katrina Emergency Reform Act of 2006 to prepare nationally for NIMS compliance. He advised members that the City of Dover has an evacuation plan. Mr. Hutchison stated that the reverse 911 system has a defined area when making phone calls about emergencies and that any recorded messages left for residents will be specific. He further explained that the State of Delaware has an Emergency Notification System (DENS), where home, work, or cell phone numbers can be registered for notification in the event of an emergency in the area. (City Clerk=s Office Note: The phone number is 1-866-484-3264). Mr. Slavin stated that he felt that the description that is displayed on caller ID should be more specific, since some people do not answer the phone if they do not know who is calling. In response to Mr. Ruane, Mr. Hutchison stated that, should a warning need to be issued, it would be the responsibility of the Incident Commander. Mr. Anthony DePrima, City Manager, explained that Mrs. Kay Dietz-Sass, Public Affairs Coordinator, has been involved in training, some at the national level, to become certified in Emergency Management. Mr. DePrima recognized the efforts of Mr. Hutchison and Officer Paul Bernat regarding the new emergency operations plan. Proposed Ordinance #2009-28 - Appendix B - Zoning, Article 6 - Off-street Parking, Driveways and Loading Facilities, Section 5 - Supplementary Regulations for Parking and

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 8 Loading Facilities, Subsection 5.5 - Race Weekend Parking Mr. Wayne Hutchison, Emergency Management Coordinator, advised members that NASCAR racing is a large sport that draws tens of thousands of people to Dover two weekends each year. Over the past five (5) years, the City has worked hard to improve the crowd management associated with this influx of visitors, as many race patrons camp in Dover in campgrounds owned and managed by Dover International Speedway. Mr. Hutchison stated that in recent years, many non- traditional campgrounds have emerged, including shopping center parking lots and property owners who allow race patrons to park on their property. In order to properly manage the influx of people, cars, and recreational vehicles, staff has proposed that the section of the Zoning Ordinance that addresses parking associated with auto racing events be amended to ensure that passenger vehicle parking areas and campground areas are managed in a way that preserves public health, safety, and welfare. The proposed changes would allow for the Fire Marshal=s Office, Police Department, Code Enforcement Division, and Fire Department to more effectively manage the influx of people and vehicles in the time surrounding the race events. Mr. Hutchison noted that, currently, property owners wishing to park passenger and/or recreational vehicles are not obligated to notify the City of their intention and, while there has been voluntary cooperation from many property owners, City emergency responders could potentially have no knowledge of a parking or camping location until after the fact or if an emergency occurs. Mr. Hutchison stated that having an ordinance that would require the property owner to obtain a permit from the City prior to parking passenger or recreational vehicles for race events would enable a review of the location and arrangement of such parking areas by the Fire Marshal=s Office and the Emergency Management Coordinator to ensure that means of egress, proper spacing between vehicles, emergency contact numbers, and site identification are provided. Responding to Mr. Hogan, Mr. Hutchison confirmed that all parking areas owned by Dover International Speedway have been mapped; however, there are several "mom and pop" parking areas that need to be mapped out as well to ensure access for emergency apparatus. In response to Mr. Harmon, Mr. Hutchison explained that there is a fee structure associated with the ordinance; however, there are no penalties at this time. Responding to Mr. Davis, Mr. Hutchison stated that Home Depot subcontracts the management of their parking lot to another party and that the City has a working relationship with that party. Mr. Mike Windows from the American Legion Walter L. Fox Post #2, 835 Bay Road, expressed concern about the cost to install crusher run in his parking lot to accommodate campers. Responding, Mr. David Truax, Fire Marshal, stated that weather conditions could impact the surface of the camping area and could create access issues for fire and emergency apparatus. He further stated that he would work with the owners of the parking areas on a case by case basis. In response to Mr. William Hare, 23 Woodburn Circle, Mrs. Ann Marie Townshend, Director of

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 9 Planning and Community Development, stated that the fee structure includes only RV=s, not cars; however, the ordinance addresses parking locations of vehicles. The Committee recommended adoption of Proposed Ordinance #2009-28 with SA#1. By consent agenda, Mr. McGlumphy moved for approval of the Committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. (The First Reading of the ordinance will take place during the latter part of the meeting). Briefing on City of Dover Projects Mr. Scott Koenig, Public Services Manager, provided a briefing on City of Dover Projects, as follows: Wyoming Mill Road Project Mr. Koenig indicated that the design engineering phase of the project continues and the Delaware Department of Transportation (DelDOT) has identified a number of areas where they would like to secure permanent easements. He noted that they would be meeting with property owners for discussion. Mr. Koenig advised members that DelDOT is working through requirements with the National Preservation Act with regards to federal funding on highway projects. He noted that there is a funding gap and advised members that he has asked Senator Thomas Carper to earmark $700,000 to $800,000, in addition to the $1,500,000 already earmarked for this project. The additional funds are needed due to increased construction costs and more federal requirements. Mr. Koenig stated that he assumes that the additional earmarked funds will be approved and the project should begin during the construction season of 2010. Mr. Koenig stated that several constituents have talked to State Representatives regarding safety corridor concerns, including traffic volumes. He further noted that the Wyoming Mill Road Project is the number one transportation priority for City staff. Briefing on Dover/Kent County Metropolitan Planning Organization (MPO) Projects Ms. Juanita Wieczoreck, Executive Director of the Dover/Kent County Metropolitan Planning Organization (MPO), stated that her organization will be working with the City Planning Staff regarding the City of Dover bicycle/pedestrian plan. Ms. Wieczoreck advised members that the MPO is working on a preliminary investigation of the feasibility of extending the service road from Scarborough Road to Leipsic Road down to White Oak Road to create more southern access to Route 1. By consent agenda, Mr. McGlumphy moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 10 PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - DECEMBER 14, 2009 The Parks, Recreation, and Community Enhancement Committee met on December 14, 2009, with Chairwoman Russell presiding. Authorization to Use Parkland Reserve Funds for Pitts Center Storage Room Addition Mr. Zachary Carter, Director of Parks and Recreation, explained that due to limited storage space, equipment needed for recreational programs offered at the John W. Pitts Recreation Center is currently being stored inside the gymnasium area, where it is taking up part of the indoor track area. Mr. Carter noted that this creates a safety concern and restricts use of the track by participants. He displayed a drawing of the Pitts Center and explained that staff is requesting permission to construct a one (1) story storage addition (18= x 30=) to be attached to the south side of the building, which will have direct access to the gymnasium. Mr. Carter explained that the addition would be constructed by Facilities Management staff; however, a few contracts for specialized work, such as concrete foundations and sprinklers, will be required. He noted that the estimated cost would be $40,000 and proposed that this be funded from the $219,911 that remains in the Parkland Reserve Account (as of the end of October), which was the source of funding for the construction of the Pitts Center. Responding to Mrs. Horsey, Mr. Anthony DePrima, City Manager, explained that the addition will be of block construction with a slanted, shed-type roof and will be painted similar to the existing building. In response to Mr. Hogan, Mr. Carter explained that the addition will not interfere with future expansion of the building, since the storage area will be constructed on the south side of the building and any future expansion of the building is projected to be to the north. Responding to Mr. Hogan, Mr. Carter explained that $3 million was budgeted from the Parkland Reserve Account for construction of the Pitts Center; however, the total cost of the building was $2,983,846, including expenditures for a security system, equipment, and supplies, which were purchased with funds remaining after building construction was completed. He stated that approximately $17,000 of the funds designated for the building remain and that the proposal is to combine this amount with additional funds in the Parkland Reserve account to finance construction of the storage area. He noted that the Parkland Reserve account is funded by contributions from neighborhood subdivisions and is earmarked to provide recreational facilities for City residents. (City Clerk=s Office Note: The actual amount remaining of the $3M for construction is $16,154.) Mr. DePrima noted that there have been no cash contributions made by developers to the Parkland Reserve Account since the construction of the Pitts Center and that most of the money in the account consists of interest that has accumulated. He noted that the next Capital Improvement Program (CIP) report will list uses of the fund other than the Pitts Center. Responding to Mr. Ruane, Mr. Carter stated that the total cost of the Pitts Center will be $3,023,846, including the projected cost of the storage area. Mr. Carter stated that, after this

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 11 expenditure, the Pitts Center building will be complete, with the exception of air conditioning, which had been discussed at one time. He stated that venting fans are currently used in the gym to circulate the air. Mr. DePrima noted that he does not recommend air conditioning the facility since it is not common in this type of facility and would significantly increase operating costs. Responding to Mr. Ruane, Mr. DePrima noted that Kent County had previously indicated they would be constructing a number of similar recreational facilities in the Greater Dover Area and it was hoped that this would offset the demands on the Pitts Center; however, this has not occurred. Mr. Carter stated that he believed that Delaware State University has the only other public recreation facility in the Dover area. In response to a request from Mr. Ruane, Mr. Carter agreed to obtain statistics regarding the percentage of the Pitts Center=s users who are non-Dover residents. The Committee recommended approval of staff=s recommendation to spend $40,000 from the Parkland Reserve Account for a Pitts Center Storage room addition. By consent agenda, Mr. McGlumphy moved for approval of the Committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 12 Proposed Ordinance #2009-30 - Correction to Appendix B - Zoning, Article 6 - Off-Street Parking, Driveways and Loading Facilities Ms. Janelle Cornwell, Planner II, reminded members that several months ago the Planning Office brought forth a number of amendments to the off-street parking requirements in the Zoning Ordinance which were adopted by City Council on September 14, 2009. She stated that since then, the need to amend Appendix B to allow existing buildings within the C-2 (Central Commercial) Zoning District to fall back to the zoning in bulk standards has become apparent. She explained that if this amendment is adopted, newly constructed buildings would still be required to provide additional parking as outlined in the Zoning Ordinance; however, existing properties whose use is changed would not be required to increase parking. She noted that providing additional parking spaces is often difficult for existing buildings, especially in the Downtown Dover area, and that adhering to the existing ordinance could potentially inhibit development. She added that certain types of properties (e.g., churches, restaurants, and medical offices) have specific parking requirements according to code with which they would still have to comply. She noted that she believed the proposed ordinance amendment had been approved by the City Solicitor. Staff recommended that the Committee forward the proposed ordinance to City Council with a favorable recommendation. The Committee recommended adoption of Proposed Ordinance #2009-30, Correction to Appendix B - Zoning, Article 6 - Off-Street Parking, Driveways and Loading Facilities. By consent agenda, Mr. McGlumphy moved for approval of the Committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. (The First Reading of the ordinance will take place during the latter part of the meeting). Updates Members were provided the following updates: Puncheon Run Mr. Scott Koenig, Public Services Manager, stated that approximately three (3) weeks ago, Daisy Construction Company completed improvements around the Puncheon Run Pump Station to comply with a permit received from the Delaware Department of Natural Resources and Environmental Control (DNREC) approximately one year ago. He explained that during the week of December 7, 2009, the Kent Conservation District cleaned a portion of the stream between the new South Governors Avenue bridge and the box culvert under Route 13, hauling all of the brush to a central location where City sanitation and street crews disposed of it. Mr. Koenig explained that Senator Brian Bushweller, Representative Brad Bennett, and DNREC paid Kent County Conservation approximately $3,000-$5,000 to perform this work. Mr. Koenig mentioned that 2.9 inches of rain fell recently and it was verified that the new bridge is functioning as it was designed to. He did note, however, that there was heavy flooding in the northern part of the basin down Puncheon Run during the previous week and that pond and stream elevations continued to be higher than usual. He noted that at least two residences on

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 13 Lynnhaven Drive had water up to or inside their homes during this period. Mr. Koenig noted that he is still attempting to obtain a cost estimate for the full submission of a Letter of Map Revision (LOMAR) to the Federal Emergency Management Agency (FEMA). He indicated that Senator Bushweller and Representative Bennett have agreed to fund approximately $8,900 of the cost, and an agreement to this effect will be signed as soon as the cost estimate is obtained. Mr. Koenig stated that he has received an engineering proposal from URS Corporation to do some of the baseline work for the LOMAR. He also noted that DNREC has some flooding mitigation funds available and that he believes they will approach Mr. Petrosky, who resides immediately west of the new bridge, to suggest that he submit a proposal for a flood mitigation/channel modification project. Responding to Mr. Lewis, Mr. Koenig stated that clearing of brush similar to that recently performed along the Puncheon Run is not expected to occur annually; however, he did feel that scheduled vegetation control is needed, perhaps every two (2) to three (3) years. He noted that there has been no determination as to who is responsible for performing this service; however, both sides of the stream are in the County=s jurisdiction, so the City will not volunteer to maintain this area. In response to Mrs. Horsey, Mr. Koenig noted that there has been discussion for many years about performing channel modifications, including grading, to allow flooding of undeveloped portions of land adjacent to the area on a more regular basis and to allow these areas to hold more water during a rain event. In response to Mr. Ruane, Mr. Koenig stated that the feasibility of a Dover stormwater utility is being discussed at service meetings with the Kent Conservation District and with DNREC. However, he noted that most of the stormwater flowing through the City comes from areas outside of City boundaries; therefore, he indicated that this is a regional issue rather than just a City concern. Mr. Anthony DePrima, City Manager, added that he has been discussing this issue with Mr. Kyle Sonnenberg, the new City Manager in Newark, who came from a town with a stormwater utility, and is hoping to implement a similar project in Delaware. He stated that Mr. Sonnenberg has expressed an interest in examining a model utility in North Carolina to see if this could be applied to Delaware. Mr. DePrima noted that he will be monitoring the progress with this project. Mr. Ruane commended Mr. Koenig for his efforts on dealing with the Puncheon Run flooding problem, stating that getting the area cleaned out was a significant improvement which allowed water to pass through the area much quicker than in the past. Planning and Funding for the New Library Ms. Margery Cyr, Library Director, stated that the design and development phase of the building project has been completed and that Holzman Moss Architects will be meeting with City Council

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 14 in January to discuss the plans and budget for the project. She stated that it is hoped that some site work, including relocating utilities at the back of the property, can begin this winter. She explained that plans are being developed for a road at the rear of the site connecting the parking lot with Innovation Way. Ms. Cyr stated that the projected cost of the building has been reduced to below $22 million without compromising services or function. She added that the capital campaign will become very active after January 1, 2010, that all contributions will go to the Dover Library Foundation, and that accounts are being set up to receive cash, checks, stocks, bonds, and annuities. CDBG Program Mr. Scott Koenig, Public Services Manager, reviewed the Status of FY-08-09 CDBG Projects and the Status of FY-08-09 Program Funds Spent. Mr. Hogan requested clarification regarding the reports provided to members. He noted that the Status of Program Funds Spent Report stated that funds were rolled over to FY 2009; however, no statement of funds was provided for FY 2009. He also noted that under the Housing Rehabilitation Program, the report indicated two homes were completed and one was 80% complete; however, a large balance of $61,890 remained unencumbered. Mr. Hogan stated that some projects were shown to be "underway" yet funds appeared to be unencumbered. Referring to the Status of CDBG Projects Report, he noted that the report indicates that "All sub-recipient contracts have been signed and projects are underway"; however, information regarding recipients and amount of funds expended were not included. He found the reports confusing and requested that information be presented in a clearer and more detailed format. Housing and Recovery Act of 2008 Funds (Neighborhood Stabilization Fund) Mr. Scott Koenig, Public Services Manager, indicated that Mrs. Ann Marie Townshend, Director of Planning and Community Development, had sent an email to City Council stating that she and Mrs. Donna Mitchell, Controller/Treasurer, were working out some issues related to the administration of funding for the Neighborhood Stabilization Program (NSP). He indicated that Mrs. Townshend had since met with Mrs. Mitchell to discuss the Memorandum of Understanding (MOU) between the City of Dover and the Dover Community Partnership. He noted that Mrs. Townshend expects to have these issues resolved and will report the outcome to the Committee and to Council. During the City Council meeting of March 23, 2009, City Council approved the submission of a non- binding letter of intent to partner with other Neighborhood Stabilization Program (NSP) participants in an effort to leverage additional funds through the New Market Tax Credits (NMTC) Program. Mr. Ruane requested that staff determine if any participants benefitted from the NMTC program or if it was abandoned. He stated his understanding that the City was proceeding with the Neighborhood Stabilization Program and requested information as to whether the program is meeting its objectives of returning foreclosed properties to the marketplace, including specific details regarding how many properties have been impacted, the timeline for completion, and whether benchmarks have been set and are being met.

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 15 By consent agenda, Mr. McGlumphy moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote. UTILITY COMMITTEE REPORT - DECEMBER 14, 2009 The Utility Committee met on December 14, 2009, with Chairman Ruane presiding. Dedication of Rights-of-Way and Infrastructure - Seskinore Mr. Scott Koenig, Public Services Director, stated that the developer of the Seskinore Subdivision, Fox Hall Plantation Company, has requested that all public infrastructure improvements related to this subdivision be dedicated to the City of Dover for permanent ownership and maintenance. Mr. Koenig noted that the total construction value of the public improvements is $406,645 and that all the improvements have been constructed in accordance with City standards and specifications. He noted that after construction was completed, City staff inspected the public improvements and provided the developer with a list of repairs to be made to meet the City of Dover Standards and Specifications for Public Works Construction. As of this date, all work related to the public infrastructure has been completed by the developer. Mr. Koenig noted that a one (1) year Maintenance Agreement, Letter of Credit, and a Release of Liabilities have been submitted by the developer as part of the dedication process and as-built drawings of the infrastructure have also been submitted to the City. He explained that Seskinore is located off McKee Road, adjacent to The Meadows, and will consist of 18 units, four (4) of which have been constructed. Staff recommended that the subdivision and infrastructure be dedicated so that routine maintenance services, such as street sweeping and snow plowing, can be performed. The Committee recommended approval of the dedication of the rights-of-way and infrastructure for the Seskinore Development. By consent agenda, Mr. McGlumphy moved for approval of the Committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. Review of Utility Related CIP=s (Electric and Water/Wastewater) Members were provided with the Capital Investment Plan Project Tracking Report (as of October 31, 2009) and Major CIP Project Reports for the General Fund, Community Transportation and General Fund Street Funds, Water/Wastewater Improvement and Extension Fund, and Electric Improvement and Extension Fund. Mrs. Donna Mitchell, Controller/Treasurer, explained that the format of the CIP report was revised to create uniformity with other reports used by the Finance Department and that a cover sheet was added to reflect project funding sources. She noted that carry forward balances from last year were included in the report and that a budget amendment will be submitted to Council in January to make these carry forward balances official.

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 16 Mr. Anthony DePrima, City Manager, stated that, in the future, the Committee would receive only the Water/Wastewater and Electric CIP reports, as these pertain to the Utility Committee. He noted that "Status" and "Comments" columns have been added to the report, stating that, typically, the "Status" of a project will be listed as "started", "completed", or "delayed", and the "Comment" column will give details on the phase of the project. Mr. DePrima mentioned that occasionally reports will state that a project has begun; however, there will be no indication that funds have been expended. He explained that this occurs when a project is in the design phase or when bid specifications are being developed. At the request of Mr. Ruane, Mr. DePrima agreed to provide members with the Community Transportation and General Fund Street Funds CIP report in the future, in addition to utility reports. Responding to Mr. Ruane, Mr. DePrima explained that several CIP projects have experienced delays. He noted that projects that require the City to negotiate for property or obtain easements or permits take additional time, citing the Route 13 East Sanitary Sewer Interceptor Project, which required obtaining multiple easements, as an example. Similarly, he stated that the Piney Point Well and Elevated Water Storage Tank projects have experienced delays while sites are being sought and tested to determine whether they are appropriate. He noted that design and land acquisition processes can be time consuming. In addition, Mr. DePrima indicated that several projects have been put on hold pending delays in receiving State funding. Mr. Ron Lunt, Public Utilities Director, noted that the State Office of Drinking Water is awaiting a funding commitment from the federal government for revolving loans for planned water projects. He noted that he was told funding would be available this fall; however, this was subsequently extended to sometime in December. Mrs. Mitchell stated that she received a recent email stating that loan commitment papers for the water projects should be received by the week of December 21, 2009, and that these documents would be presented to City Council in January. In response to Mr. Ruane, Mr. DePrima noted that a number of pump stations worked overtime to process rainwater that entered the sewer system during recent storms, and a tanker truck was needed to pump effluent and sewage and transport it to the McKee station. He was concerned that recent precipitation could cause the groundwater level to rise, stating that when the water level is higher than pipes, there is constant infiltration into the system. Mr. Ruane requested that the Committee be kept informed of unanticipated wastewater costs related to this issue. The Committee recommended acceptance of the report. By consent agenda, Mr. McGlumphy moved for approval of the Committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. PACE/NAES Monthly Report (October) Members were provided the PACE/NAES Monthly Report for October. The report was provided to allow members the opportunity to monitor what is being sold in electric and the

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 17 revenues received, which will give members a better understanding of any fluctuations and make improvements if deemed necessary. Although it was not staff=s intention to make a presentation of the report, they welcomed any questions. Mr. Anthony DePrima, City Manager, stated that the City budgeted for emissions sales based on last year=s low numbers. However, since emissions sales prices on the market were nearly twice the amount budgeted, it was decided to sell the amount of credits needed to meet the budget and to hold the remaining credits in the hope that the emissions market will continue to rise. As a result, the City had to sell only half the credits anticipated to be sold and still managed to exceed the budget. Responding to Mr. Ruane, Mr. DePrima noted that (as indicated on Page 39 of the report) approximately $250,000 per year will be saved by switching from #6 fuel (which requires heat to maintain its liquid state) to #2 fuel(which is a more liquid type of petroleum base). As a result, heating equipment is no longer necessary and has been removed. Mr. Ron Lunt, Public Utilities Director, added that installing an atomizer, which uses compressed air to send the fuel into the burners rather than using natural gas to start with, allowed the fixed gas reservation on the pipeline to be dropped, resulting in a reduction of fuel costs. In response to Mr. Ruane, Mr. Lunt stated that the $2,789,442.40 (listed on Page 37 of the report) for the cost of the McKee Run Pollution Remediation Project is an ongoing expense since there is work that remains, primarily removal of the Cyclone Separators. Mr. DePrima noted that the City and the State Department of Natural Resources and Environmental Control are satisfied with the operating goals for the McKee Run Plant and the progress made toward benchmarks established for the remediation project. He noted that final testing and permitting has been resolved and that the plant is fully operational and is burning #2 fuel. Mr. Ruane requested that rate payers be informed of the status of this project. In response to Mr. Ruane, Mr. McGiffin explained that the term "contango" (page 4 of the report) refers to " a condition in which distant delivery prices for futures exceed spot prices, often due to the cost of storing and insuring the underlying commodity. It is the opposite of backwardation." The Committee recommended acceptance of the report. By consent agenda, Mr. McGlumphy moved for approval of the Committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. By consent agenda, Mr. McGlumphy moved for acceptance of the Utility Committee

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 18 Report, seconded by Mr. Salters and carried by a unanimous roll call vote. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - DECEMBER 14, 2009 The Legislative, Finance, and Administration Committee met on December 14, 2009, with Chairman McGlumphy presiding. Review and Recommendation - Filling of Critical Positions During their meeting of February 23, 2009, members recommended approval of the Hiring Freeze for Fiscal Year 2008-2009, but to allow the hiring of critical positions through the review and approval of the Legislative, Finance, and Administration Committee and City Council. It was suggested that there be a "standing" agenda item to consider the filling of critical positions and, if there are no positions to consider, the item could be removed. Police Officer Police Chief Jeffrey Horvath explained that with the recent retirement of Sgt. William Kent, a new vacancy was created. He reminded members that the Police Department=s authorized strength is currently 91 officers and that the vacant position would need to be filled in order for the City of Dover to remain compliant with the staffing provisions of the Community Oriented Policing Services (COPS) grant that was approved by Council on September 14, 2009. Filling this position would allow the Police Department to maintain 91 officers on duty and explained its necessity in order for the City to continue to provide security and safety for the citizens of Dover. The Committee recommended that staff be granted permission to recruit for the position of a Police Officer, as requested. By consent agenda, Mr. McGlumphy moved for approval of the Committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. Assignment of Economic Development Division to Public Services During their meeting of November 23, 2009, members considered a request for approval of a "Proposed Organizational Chart" which shows the City Assessor and City Planner Departments reporting directly to City Council and moves the Economic Development Office to Public Services. Since there was much confusion, the committee tabled the matter to allow for further discussion at the next committee meeting. Mr. Anthony DePrima, City Manager, reminded members that City Council recently approved code amendments removing the City Manager from administrative oversight of the City Planner and City Assessor. Mr. DePrima recommended that, at this time, the Economic Development Office be retained within the Public Services Department under his administration. He also recommended approval of the "Proposed Organizational Chart" provided to members. Mr. DePrima explained that this change would allow for the continuation of the traditional role of the City Manager and bring his many years of experience to bear. This is also true for the Public Services Manager. Most importantly, he stated that it would ensure that the other departments under the City Manager would be synchronized with the economic development efforts, particularly with the utilities. Lastly, while the Planning and Community Development Department has an excellent record of objectivity; the proposed change would reduce any

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 19 perceived "conflict of interest" that may arise when the City=s planning staff makes recommendations to the Planning Commission or City Council regarding projects submitted or promoted by the Economic Development Office. The Committee recommended approval of the "Proposed Organizational Chart" which shows the City Assessor and City Planner Departments reporting directly to City Council and moves the Economic Development Office to Public Services. By consent agenda, Mr. McGlumphy moved for approval of the Committee's recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. Elimination of Medicare Part B Reimbursement During their meeting of July 13, 2009, the committee was advised that the Governmental Accounting Standards Board (GASB) passed accounting standards which require governmental entities to recognize the cost of retirement health care during the term of the employee=s employment and not "pay as you go" after the employee retires. Members were provided four (4) alternatives, as completed by the Actuary, to incorporate all other persons not currently in a union. It was noted that the alternatives could stand alone or be combined. Due to the complexity of this issue, it was suggested that staff only address Alternative #1, and that Alternatives #2, #3, and #4 be tabled until receipt of the Consultant=s Report. During the meeting of July 27, 2009, Council approved the following Legislative, Finance and Administration Committee=s recommendations: 1) approval of Alternative #1, which would provide no (Medicare Part B) reimbursement to all future retirees to be effective upon approval by Council, noting that this alternative refers specifically and only to new hires. Alternatives #2, #3, & #4 were tabled until receipt of consultants report (Note: the pending report reason was not applicable, as the consultant report was not related to the Medicare B alternative action items); and 2) authorization to solicit a Request for Proposal for a Health Care Consultant to assist the City with options for managing its health care costs. Mrs. Donna Mitchell, Controller/Treasurer, advised members that it was staff=s intention for the second recommended action to engage a Health Care Consultant that can run cost calculations for Health Care Premiums, not to complete a study. These calculations would be based on alternatives to the City=s health care plans submitted by a Benefit Committee. She stated that it was not staff=s intention that the first action be tied to the second action. Mrs. Mitchell reminded members that the Governmental Accounting Standards Board (GASB) passed an accounting standard which requires governmental entities to implement GASB 45, which requires recognition of medical benefits for retirees like pension benefits. She explained that the concept is to match expenses when earned with revenues in that same year. For example, when an employee is working, they are earning their retirement medical benefits the same as their pension benefits (earning these benefits while working hours). Rather than a "pay as you go" after an employee retires, Mrs. Mitchell stated that the new accounting standards require entities to recognize the cost of retirement health care during the term of the employee=s employment. Also, a trust fund would be established to pay out the benefits during the employee=s retirement. She explained that the accounting requirements have changed by requiring entities to set aside the monies today for the promises made to their employees.

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 20 Mrs. Mitchell stated that this matter was presented to Council, as well as the City=s three (3) unions, and all of the unions have agreed to eliminate the Medicare Part B premium reimbursement. An Actuary was contacted to determine the City=s liability based on benefits as of July 1, 2008. Members were again provided a Presentation - GASB 45 Results for 2008/09, previously provided in January 2009 by Mr. Randy Gomez with Alliance Benefit Group. Referring to pages 9 and 10 of the Presentation, Mrs. Mitchell noted that the City=s total liability is reflected as $64,297,000, of which $4,080,000 was for the Medicare Part B reimbursement. In an attempt to begin to control this cost, staff elected to begin with Medicare Part B and the unions were approached requesting relief. She also explained the income statement impact, noting that the expenses can be amortized and that the amount necessary for the City would be $4,377,000 annually. She advised members that these new GASB 45 requirements had to be accomplished for Fiscal Year 2009 and that they have been included in the Comprehensive Annual Financial Report (CAFR) for the City of Dover. With reference to the authorization to solicit a Request for Proposal for a Health Care Consultant to assist the City with options for managing its health care costs, Mrs. Mitchell explained that when she contacted the Actuary regarding the Health Care Consultant, it was suggested that the City first obtain a legal opinion, as this matter relates to the City=s Employee Handbook and Contracts. She advised members that the legal opinion has been obtained and it indicated that the City could cap the Medicare and that Council could eliminate the Medicare Part B reimbursement for non-bargaining employees. Before any further action is taken, it was felt that this matter should be brought before Council to determine what action, if any, should be taken. During the meeting of November 9, 2009, Council approved the Legislative, Finance and Administrative Committee=s recommendation for obtaining a legal opinion, prior to moving forward with hiring the Health Care Consultant in assisting the City with health care options. Mrs. Mitchell reminded members that the City=s OPEB Actuary, Mr. Randy Gomez, has recommended that the City obtain a sound legal opinion regarding what the City can do within the realm of its current personnel handbook and collective bargaining agreements prior to moving forward with hiring additional consultants to review options for controlling retirement health care cost. This approach would enable the City to focus on options that can legally be addressed. Staff recommended the following actions in order to move forward with hiring a Health Care Consultant: 1. Parity with the Unions. Eliminate the Medicare Part B reimbursement for Non-Bargaining employees retired after June 30, 2010; 2. Place a cap on the Medicare Part B reimbursement effective July 1, 2010 for all current and future recipients; currently $96.40 per month. Mr. McGlumphy noted the receipt of several letters received regarding this issue.

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 21 Mr. Scott Koenig, Public Services Manager, indicated that he was speaking on his own behalf and not as a representative of other employees. He stated his only interest was with the Medicare Part B reimbursement and its effect on himself, as well as other non-bargaining employees. He noted that on page 42 of the City=s Budget, under critical success factors, there is an explanation for the City=s success being the result of the work of the City=s employees, which is based on employee satisfaction. Mr. Koenig advised members that the union employees of either the Police, IBEW, or IUE did not give the Medicare Part B benefit away but rather negotiated in lieu of something else. He stated that those units collectively voted to give up this benefit for other types of benefits such as salary, vacations, or a combination including promotions or buy-back of retiree health care. He explained that employees of the unions received something in return for the action they took in voting to eliminate the Medicare Part B benefit. The value to this issue is $65,000 annually to accommodate this benefit for current employees and the retired employees who have yet to reach the age when they would be eligible for this benefit. Mr. Koenig reminded members that action has been taken to eliminate this benefit for new hires; therefore, any new employee who accepts a position with the City understands that this is not a benefit. He further stated that union employees who gave up this benefit, although they may not be happy with their decision, received something for that decision. Referring to page 66 of the Employee Handbook, Mr. Koenig relayed an understanding regarding the value and merit of the legal opinion; however, he explained that there can be different interpretations. He questioned if the legal opinion was obtained based on a review for saving money for the City or by placing a value on the good faith and satisfaction of employees. Although he understands the goal of parity with the unions, he noted that there is not across-the-board parity from contract to contract to the non- bargaining employees. An example is that with the Police contract, employees are provided extra pay for having advanced degrees. This was proposed for the non-bargaining employees under the parity perspective and was voted down by the Council. Mr. Koenig stated that during his 192 years with the City, he feels that he has earned a portion of this benefit and, considering that he would be eligible for retirement at 25 years of service, he has earned more than half of the benefit. He stated that due to his age, he would not be eligible to retire should Council eliminate this benefit. He stated that the City has been a good employer and offers a lot for those employees who are willing to, at times, do difficult jobs. Mr. Koenig requested that Council and members of the committee consider the goodwill that is generated by this benefit. He noted that there is a cost for businesses to provide goodwill and, at times, to do business fairly and ethically. He requested that members reject the proposal to withdraw this benefit for employees hired prior to this date and those who may be retiring in the near future but have not yet received the benefit. Responding to Mr. Ruane, Mr. Koenig stated that he was not prepared to present an alternative and, although he is aware of the costs involved, his statements are strictly to plead to maintain a benefit and relayed his reluctance in stating its equivalence.

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 22 Mr. Les Blakeman, City of Dover Retiree, 209 Thomas Way, stated that his concerns are similar to Mr. Koenig=s. He stated that he had worked for 33 years assuming he would go into retirement with his healthcare paid for, which played an important role in determining when to retire. He stated one of the attractions with retiring from the City of Dover was that the employee=s healthcare would be fully paid. Mr. Blakeman indicated his surprise that there would be any consideration for the elimination of this benefit for those employees who have already retired, since they have no means to bargain. He stated that retirees came to work for the City expecting to receive a benefit that was promised and then, after working 33 years to obtain the benefit, he questioned why there would be discussion of its elimination or for a cap being placed. He advised members that there are several retirees (64) whose pension is less than $10,000 (a total of 119 receiving less than $20,000) and that if a cap is placed on the Part B coverage, their pension may become non-existent. Mr. Blakeman reminded members that this benefit is currently listed in the City=s Handbook, as well as in the 1984 and 1971 handbooks, when he began employment with the City. He stated that this benefit was a promise made by previous Councils who expected all future Councils to abide by this promise. Although he understands that it is an expense, he stated it is one that enticed him to come to the City for employment and remain for 33 years. Ms. Donna Mills, Dover Police Department, stated that she submitted a letter and reiterated her concerns that, with having 23+ years of service with the City, she does not have enough time to save to pay for this part of healthcare. She stated that this is one of the benefits she expected upon her retirement and, although she was offered positions elsewhere, she chose to remain employed with the City because of the benefits. She considers herself a loyal employee and urged members not to take away a benefit she has earned after 23 years with the City of Dover. Mr. Zachary Carter, Director of Parks and Recreation, stated his concurrence with the statements made by Mr. Koenig. He stated that he has been employed with the City for over 21 years and that, upon employment, the benefits were explained. He advised members of opportunities to gain employment elsewhere over the years; however, he chose to remain with the City because he enjoyed working for the City and providing services to the citizens of the City and also due to the benefit package offered by the City. Now that he is approaching retirement age, he explained the difficulty to "make up" for the loss of the benefit that he thought he would be provided and that he earned through his years of service with the City. Mr. Carter expressed his support for the employees and requested that members take into consideration some of the promises that these employees thought would always be there for them. Mr. Chappy Lucas, City of Dover Retiree, felt that there was a group in the retirement community that had not been discussed, that being those retirees that are already drawing this benefit. Most of these retirees no longer have the ability to obtain full-time employment or receive more pay raises. These employees spent their careers working for the City and when they retired 5, 10, 15, etc. years ago, this was a benefit they knew they would be provided. He advised members that he has served on the Pension Board for several years and realizes that, due to the unfunded liability, the chances of any substantial or regular cost of living increases from

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 23 the pension fund is unlikely. Therefore, he stated that the only way the retirees would receive a cost of living increase is if the City were to fund it and, noting the current economic condition, he felt that such an increase was not probable. Mr. Lucas stated that if staff=s recommendations are implemented, these retirees would actually be realizing a negative cost of living increase. He noted that since this benefit was eliminated for new employees, time will eliminate those that are and will be receiving the benefit; therefore, this problem will eventually go away. With reference to the recommendations submitted by staff, Mr. Lucas requested that members allow for this benefit to remain and that the caps on the Medicare Part B Reimbursement not be instituted. Mrs. Frances Hettinger, City of Dover Retiree, 63 Sackarackin Avenue, relayed appreciation for the statements that have been made by employees and retirees. She noted that there is $96 per month that is taken from medicare checks and that it is her understanding that this will increase to between $100 and $110 beginning January 2010. She stated that she was advised that those currently receiving the benefit would not have it taken away, although it could be capped, and relayed her concern for this benefit being taken away from those who have not reached the age of 65. Mrs. Hettinger stated that these were hard working employees who were good to the City and that the City was good to these employees and hoped that this benefit would continue to be provided. Mr. McGlumphy advised members that he requested information from the Finance Office in relation to the Medicare Part B Reimbursement benefit. According to the information provided, he stated that there are four (4) quarterly payments for the medicare reimbursement. There are 84 individuals currently receiving the benefit and approximately another 100-125 people eligible for this benefit in the future. He noted that the total for calendar year 2009 paid for this benefit was $94,761. For clarification, Mrs. Mitchell stated that the $94,761 represents the "pay as you go" which is the amount paid by the City to reimburse individuals for their Medicare premium. She stated that the $65,000 referred to is the actuary accrued liability that the City would be required to amortize over so many years. The Committee recommended denial of staff=s recommendation #1: Parity with the Unions - Eliminate the Medicare B reimbursement for Non-Bargaining employees retired after June 30, 2010.

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 24 Responding to Mr. Ruane and referring to page 8 of the Presentation, Mrs. Mitchell stated that the Actuary Presentation was as of a date and time; therefore, as of July 1, 2008, based on the current membership of the plan, the liability for future retirees is $524,000 and for current retirees it is $3,556,000 for Part B, for a total of $4,080,000 over the 30 years required to be amortized. Also in response to Mr. Ruane, Mrs. Mitchell stated that there has been discussion of lowering the age to 55 for eligibility of Medicare. She is not aware of the impact this could have on the City. Mr. McGlumphy moved for approval of the Committee=s recommendation to deny staff=s recommendation #1: Parity with the Unions - Eliminate the Medicare B reimbursement for Non-Bargaining employees retired after June 30, 2010. The motion was seconded by Mr. Leary and carried by a roll call vote of eight (8) yes and one (1) no (Mr. McGlumphy). Responding to Mr. Ruane, City Solicitor Rodriguez stated that he has forwarded an Ordinance to the Controller/Treasurer, for consideration by Council, which would memorialize Council=s actions regarding Medicare Part B Reimbursements. The Committee recommended denial of staff=s recommendation #2: Place a cap on the Medicare B reimbursement effective July 1, 2010 for all current and future recipients; currently $96.40 per month. Mr. McGlumphy moved for approval of the Committee=s recommendation to deny staff=s recommendation #2: Place a cap on the Medicare B reimbursement effective July 1, 2010 for all current and future recipients; currently $96.40 per month. The motion was seconded by Mr. Leary. Responding to Mr. Ruane, Mrs. Mitchell, Controller/Treasurer, stated that the actuary recommended a cap of $100 in order to save the annual set-aside cost of $151,000. The motion for approval of the Committee=s recommendation to deny staff=s recommendation #2: Place a cap on the Medicare B reimbursement effective July 1, 2010 for all current and future recipients; currently $96.40 per month was carried by a roll call vote of seven (7) yes and two (2) no (Mr. McGlumphy and Mr. Ruane). Mr. McGlumphy explained that he voted against denial of the recommendation to cap the Medicare Part B Reimbursement because the OPEB liability is currently $64M, of which $4M is for reimbursing retirees receiving social security, but most importantly, it is for employee fairness. He reminded members that a large group of employees gave this reimbursement up and will likely come forward to negotiate it back. Mr. McGlumphy suggested that they should be looking at every means to reduce costs. Mr. McGlumphy moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 25

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 26 MONTHLY REPORTS - NOVEMBER 2009 By motion of Mr. McGlumphy, seconded by Mr. Salters, the following monthly reports were accepted by consent agenda: Budget Report Chief of Police Report City Assessor Report City Manager=s Report City Planner=s Report Dover Fire Department Report CIP Report EVALUATION OF BIDS - DOVER AIR FORCE BASE 69KV REPLACEMENT The Public Utilities, Electric Division, has a 69 kV breaker at the Dover Air Force Base substation that controls the capacitors for the 69 kV system. This breaker has reached the end of its life and requires replacement. The existing breaker was purchased in 1999 and uses an ABB single pole breaker designed specifically for the operation of the capacitor bank. Staff recommends the purchase of a new, identical unit to minimize installation efforts. Any other manufacturer would require out-sourcing of the engineering diagrams needed to retrofit a different manufacturer's product. Additionally, by purchasing the ABB breaker, staff will be able to reduce installation time, as all existing wiring, foundations, and terminal connections will be the same. ABB Breakers must be purchased through WESCO of Richmond, Virginia since ABB has an exclusive territory agreement with this firm. The exclusive territory verification and quotation have been provided. Staff recommended purchasing one (1) ABB 69 kV breaker for $47,425 from WESCO of Richmond, Virginia. Mr. Ruane moved for approval of staff=s recommendation, with the understanding that the additional $7,425 would be transferred from another line item in the CIP. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote. FIRST READING - PROPOSED ZONING TEXT AMENDMENTS Council President Williams reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Since the ordinances are amendments to the Zoning Code, a public hearing is required. Staff recommended referral of the amendments to the Planning Commission on Tuesday, February 16, 2010, and that a Public Hearing be set for Monday, March 8, 2010 at 7:30 p.m. and that the Second Reading and Final Action by Council take place at that time. Mr. McGlumphy moved to refer Proposed Ordinance #2009-28 with SA#1 and to set a public hearing before City Council for March 8, 2010 at 7:30 p.m., as recommended by

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 27 staff. The motion was seconded by Mr. Salters and unanimously carried. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of Proposed Ordinance #2009-28 with SA#1 as read by the City Clerk, by title only, as follows: > PROPOSED ORDINANCE #2009-28 WITH SA#1 - APPENDIX B - ZONING, ARTICLE 6 - OFF-STREET PARKING, DRIVEWAYS AND LOADING FACILITIES, SECTION 5 - SUPPLEMENTARY REGULATIONS FOR PARKING AND LOADING FACILITIES, SUBSECTION 5.5 - RACE WEEKEND PARKING (Safety Advisory and Transportation Committee) Mr. Salters moved to refer Proposed Ordinance #2009-30 and to set a public hearing before City Council for March 8, 2010 at 7:30 p.m., as recommended by staff. The motion was seconded by Mrs. Russell and unanimously carried. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of Proposed Ordinance #2009-30 as read by the City Clerk, by title only, as follows: > ORDINANCE #2009-30 - CORRECTION TO APPENDIX B - ZONING, ARTICLE 6 - OFF-STREET PARKING, DRIVEWAYS AND LOADING FACILITIES (Parks, Recreation, and Community Enhancement Committee) COUNCIL MEMBERS ANNOUNCEMENTS Mr. McGiffin announced that the Inner City Cultural League would be sponsoring a Martin Luther King National Holiday Program - "Remember! A Day On: Not a Day Off" - on Monday, January 18, 2010 at Noon at the Mt. Zion AME Church, 101 N Queen Street. The public is invited to join in this Holiday celebration commemorating the Birthday of Dr. King. The featured speaker is Mrs. Bettye McLeod, Educator and Civil Rights Activist from Bowie, Maryland. There will be Poetry, Dance, and Song and a fellowship meal will follow the program, which is free and open to the public. Mr. Leary moved for adjournment, seconded by Mr. McGiffin and unanimously carried. Meeting Adjourned at 8:50 P.M. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of January 11, 2010, are hereby approved.

CITY COUNCIL MEETING OF JANUARY 11, 2010 PAGE 28 CARLETON E. CAREY, SR. MAYOR /TM S:\ClerksOffice\Agendas&Minutes\Council-Minutes\2005\08-22-2005 Council.wpd