COUNCIL Minutes

REGULAR COUNCIL MEETING The Regular Council Meeting was held on April 26, 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 Police Chief Hosfelt, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Fire Chief Christiansen, Mr. DePrima, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Carey was also present. OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action. There was no one present wishing to speak during the Open Forum. The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Mr. McGlumphy moved for approval of the agenda as presented, seconded by Mr. Salters and unanimously carried. Mr. Ruane requested that Item #4-C - Special Utility Committee Report of April 12, 2010 - Analysis of Proposed Recycling Legislation, be removed from the consent agenda. Mr. McGlumphy requested that Item #3-B(b-2) - Special Legislative, Finance, and Administration Committee Report of April 12, 2010 - Ordinance #2010-11 - Adoption of Business License Fee Schedule, be removed from the consent agenda. Mr. Leary moved for approval of the consent agenda as amended, seconded by Mrs. Russell and carried by a unanimous roll call vote. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF APRIL 12, 2010 The Minutes of the Regular Council Meeting of April 12, 2010 were unanimously approved by motion of Mr. McGlumphy, seconded by Mr. McGiffin and bore the written approval of Mayor Carey.

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 2 SPECIAL PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - APRIL 12, 2010 A Special Parks, Recreation, and Community Enhancement Committee Meeting was held on April 12, 2010 with Chairwoman Russell presiding. FY 2011 Five-Year Capital Investment Plan (CIP) Mr. Anthony DePrima, City Manager, advised members that staff is meeting with all standing committees to review proposed projects included in the FY 2011 Five-Year Capital Investment Plan (CIP) prior to its submission to Council. Mr. Zachery Carter, Parks and Recreation Director, reviewed the details of the projects included for the Parks and Recreation Department. As a follow-up to Mr. Lewis= questions, Mr. Ruane questioned the omission of funds in the CIP for acquiring additional lands as a result of the realignment of Wyoming Mill Road. Responding, Mr. Carter stated that the only funds required are for seeding and grading the land, and that $100,000 has been included in the FY 2014 CIP for this purpose. Mr. DePrima noted that the CIP was prepared prior to learning that the Wyoming Mill Road project would be expedited to FY 2012; therefore, there is a need to consider moving this project forward in the CIP. Proposed Amendments to Youth Advisory Committee Requirements/Resolution Mr. George Antoniou, Chairman of the Youth Advisory Committee, submitted and reviewed Proposed Amendments to Resolution #2008-11, which states requirements for the Youth Advisory Committee. Mr. Antoniou indicated that most of the suggested changes were minor in nature and that one of the Proposed Amendments includes changes to the Committee=s meeting attendance policy. Mr. Hogan questioned why members are not required to be City residents. He also relayed concern with the stipulation that members automatically vacate their seats due to lack of attendance at meetings. Responding, Mrs. Sherwanda Rachal-Speaks, Recreation Specialist and Youth Advisory Committee Member, indicated that the Committee has had a number of meetings when a quorum was not present. She noted that the proposed amendments establish a requirement that members contact staff if they are unable to attend the meeting and that this policy was developed in fairness to those members who attend regularly. Mr. Hogan suggested that the phrase "automatically vacated his seat" be replaced with "notice shall be given to the appointing group indicating that the member has failed to attend meetings and the member shall be recommended for removal". Mr. Ruane moved to recommend that the language regarding "automatically vacated his seat" be referred back to the Youth Advisory Committee for further review. The motion was seconded by Mr. Hogan and failed by a vote of two (2) yes and two (2) no (Mr. Lewis and Mrs. Russell). The Committee recommended adoption of Amendment #1 to Resolution #2008-11. By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation,

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 3 seconded by Mrs. Russell and, by a unanimous roll call vote, Council adopted the following Resolution: COUNCIL RESOLUTION NO. 2010-03 YOUTH ADVISORY COMMITTEE (YAC) COUNCIL RESOLUTION NO. 2008-11, WITH AMENDMENT NO. 1 WHEREAS, the City Council has determined that there is a need to create a Youth Advisory Committee for the City of Dover, Delaware; and WHEREAS, this Youth Advisory Committee will be created to operate as a liaison between the youth of the community, City Council, and the Parks, Recreation, and Community Enhancement Committee on issues affecting youth by involving them in social, cultural, recreational, and other drug-free and alcohol free activities and, when requested by the City Council, the Committee shall give advice and assistance on matters concerning the needs of youth; and WHEREAS, the City Council wishes the Youth Advisory Committee to consist of nine (9) members, or more if City Council chooses, between the ages of 14 and 18 years, two (2) adults, and one (1) liaison member who shall be chosen by the City Council to serve one (1) year terms, without compensation, and the City Council shall have the power at any time to alter the size of the Committee by expanding or reducing its membership. The liaison member shall receive and record all exhibits, petitions, documents, or other material presented to the Council in support of, or in opposition to, any question before the Committee, prepare and distribute agendas and packets; and WHEREAS, members of the Youth Advisory Committee shall be selected through an application process and shall be appointed by the City Council and take office upon being sworn on their oath to uphold the duties of the office and the Constitution of Delaware and the United States of America; and WHEREAS, the term of the office for each member shall be one (1) year, or until his/her successor is duly appointed and qualified, unless a vacancy occurs prior to the expiration of a term, in which case an appointment shall be made by the City Council for the remainder of the unexpired terms; and WHEREAS, the Committee shall elect from its membership a chairperson, vice-chairperson, and secretary for one-year terms of office commencing the first day of June of each year and a member shall be eligible for reelection to any of these offices as long as he or she remains on the Committee. The chairperson shall preside at all regular and special meetings, rule on all points of order and procedure during meetings, and provide recommendations to the liaison regarding agenda items. The vice chairperson shall assume all duties of the chairperson in his or her absence or disability. In the absence of both the chairperson and vice chairperson from any meeting, an acting chairperson shall be elected from among the members present; and

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 4 WHEREAS, the Committee shall hold meetings located in the City at times it may designate. All meetings of the Committee shall be held in accordance with the Freedom of Information Act and a notice of said meeting shall be posted at City Hall and on the website at www.cityofdover.com. The presence of a majority of the Committee members then in office shall be necessary and sufficient to constitute a quorum, and an affirmative vote of the majority of those present shall be necessary to pass upon pending questions, except that on tie votes, the vote of the chairman shall be determinative, the chairman in addition being entitled to vote on all questions. Minutes of meetings shall be kept and the record filed with the person performing the duty of secretary; and WHEREAS, in the performance of its function, the Committee is an advisory body authorized to make recommendations to the City Council on the following: 1. Policy matters affecting the youth of the community; 2.Planning, organizing, coordinating, and carrying out drug-free and alcohol- free social, cultural, recreational, educational, and other activities for the youth in the community 3.Establishing guidelines, rules, and procedures for participation in such activities; and 4.Entering into agreements with entertainers, concessionaires, and other third parties as may be deemed desirable by the Committee within available funds and in accordance with applicable state and city laws and procedures; and WHEREAS, by May 1st of each year, the Committee shall submit to the City Council a written report of its activities for the previous year and an annual plan of work for the ensuing year of which these documents shall be retained as a part of the official city records. Subject to the approval of the City Council, the facilities and personnel of the City shall be made available to assist the Committee in carrying out its functions; and WHEREAS, the Committee is authorized to amend its rules and procedures for the conduct of its authorized activities, subject to the approval of the City Council; and WHEREAS, Committee members are subject to the attendance policy and procedure adopted by the City Council and any member who misses two (2) meetings that are considered unexcused, where no phone call was made or e-mail was sent letting someone know, or whose overall attendance at regular meetings falls below seventy-five (75) percent, has automatically vacated his seat. The Committee shall at once notify the City Council that a vacancy exists. Vacancies shall be filled within thirty (30) days by appointment for the remainder of the term or at the discretion of City Council. NOW, THEREFORE, BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF DOVER HEREBY ESTABLISHES A YOUTH ADVISORY COMMITTEE ADOPTED: APRIL 26, 2010

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 5 Discussion - Consequences of Housing Foreclosures and Subdivision "Closures" - Requirements for Additional Bonding/Escrow When Site Plans Are Brought Forward Members were advised of concerns relayed by City Council regarding recent housing foreclosures and subdivision "closures", including contractors who have gone out of business, leaving incomplete subdivisions. Mr. Scott Koenig, Public Services Manager/Director of Public Works, stated that the Public Services Department has a long process in place regarding subdivision plan review, subdivision construction inspections, and final subdivision acceptance. He stated that, typically, when the first housing unit is occupied, the developer is required to provide a three (3) party agreement between the City of Dover, the developer, and the contractor that guarantees that the infrastructure will be completed. Mr. Koenig stated that the City previously has allowed a subdivision bond or a letter of credit to suffice as a guarantee of completion of the project. Mr. Koenig explained that a letter of credit requires the developer to place cash in an account at the bank and is, therefore, more stringent than a bonding requirement. For this reason, the City has gravitated towards requiring letters of credit for uncompleted subdivisions rather than subdivision bonds. He advised members that a letter of credit is obtained for 150% of the remaining construction costs at the time the first house is occupied. Mr. Koenig stated that most of the costs involved are associated with street and sidewalk construction. It was his understanding that recent concerns relayed by City Council members centered around the lack of a similar policy requiring guarantees for other improvements expected for a subdivision, such as private recreation space. Currently, the subdivision guarantee requirements do not cover these types of improvements. Mr. Koenig suggested two (2) possibilities that could be considered to address this issue: 1) expand the existing subdivision guarantee policy to encompass open space/active recreation requirements; 2) develop a separate document to address open space/active recreation requirements. Mr. Koenig noted that existing subdivision guarantees apply to public infrastructure, whereas open space/active recreation requirements typically affect improvements that are privately owned. He requested direction from members regarding which approach they would recommend. Responding to Mr. Ruane, Mr. Koenig stated that bonding requirements are a part of the subdivision requirements under the City=s manual of Specifications, Standards and Procedures for Public Works Construction and that, to his knowledge, the 150% completion guarantee is not specifically stated in the Dover Code of Ordinances. Rather than making a determination at this time, Mr. DePrima requested that members provide staff with a list of their concerns regarding establishing a guarantee policy, and staff could then determine the appropriate sections of the Dover Code and prepare the necessary ordinance. He recognized the need to guarantee active open space areas and suggested that maintenance of grass should be included.

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 6 Mr. Ruane felt that maintaining proper reserves for maintenance and repairs should be addressed, as well as notification requirements (noting that the City has not been officially notified of a developer who recently went bankrupt). He suggested that whenever a subdivision is in a distressed state of development, there should be some order of procedures obligating a developer and/or any successor to meet the current standards, eliminate any code enforcement issues, clean the property, provide for snow removal, deal with environmental and stormwater management issues, and establish homeowners associations, etc. Mr. Hogan suggested that guarantees for private and public projects be addressed separately and that the City should also address the problems that arise when facilities are partially completed and left vacant. Mr. Ruane suggested that a reference to the bank or financing institution be included, in order that the responsible bank is brought to bear as early in the process as possible when a problem occurs. He requested that a comprehensive ordinance or set of regulations be brought forward to the Committee that addresses all the issues the City is currently facing with the Nottingham Meadows development. Mr. DePrima advised members that this is a complicated subject which will require a great deal of research; therefore, this matter will be presented to members in phases over a one (1) year period. The Committee recommended that staff be tasked with the responsibility of examining all aspects of a distressed subdivision and, in those cases where there is a need for ordinances or regulations for remedy, to bring them forth to the Committee. By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote. Proposed Ordinance #2010-12 Amending Appendix B - Zoning, Article 3 - District Regulations, by Creating a Recreation and Open Space (ROS) Zone Mrs. Ann Marie Townshend, Director of Planning and Community Development, reminded members that the 2008 Comprehensive Plan calls for the development of an Open Space Zone that would be applied to both public and private open space areas identified in the Land Development Plan. As a result, staff reviewed the Land Development Plan and drafted an ordinance that meets the needs of the various areas identified in the Comprehensive Plan as Open Space, including City parks, protected natural areas, recorded open space in residential subdivisions, and Maple Dale Country Club. Members reviewed Proposed Ordinance #2010-12 amending Appendix B - Zoning, Article 3 - District Regulations, and Article 4 - Bulk and Parking Regulations of the Dover Code, by creating a Recreation and Open Space (ROS) Zone. Mrs. Townshend stated that the purpose of the Proposed Ordinance is to create a Recreation and Open Space Zone that would be applied to

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 7 City parks, protected open space, recreation areas within residential developments, and other areas identified as "Open Space" within the Land Development Plan.

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 8 Mrs. Townshend provided members with a City of Dover Open Space Map (attachment to the Committee minutes) for reference purposes only. She stated that the map provided is not necessarily a final map for Open Space, explaining that staff wanted to give members a sense of what the Comprehensive Plan reflects as Open Space. Staff recommended that Proposed Ordinance #2010-12 be referred to City Council for a First Reading during their Regular Meeting of April 26, 2010; that a public hearing be set before the Planning Commission on May 17, 2010; and that a Public Hearing and Final Action by City Council be scheduled for June 14, 2010. The Committee recommended adoption of Proposed Ordinance #2010-12, as recommended by staff. By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote. (The First Reading of the Proposed Ordinance will take place during the latter part of the meeting.) UPDATES Puncheon Run Watershed Action Team Report Mr. Scott Koenig, Public Services Manager/Director of Public Works, advised members that Kent County had applied to the Clean Water Advisory Council for $200,000 to fund improvements to the lower portion of Puncheon Run, adjacent to the new bridge. He stated that during the March 10, 2010 Advisory Council meeting, there was a positive recommendation to fund that project. Mr. Koenig noted that $50,000 has been approved for the first phase of the project for FY 2010-2011 and will be spent on planning flood plain improvements to land owned by Mr. Joseph Petrosky which is situated adjacent to the new Puncheon Run bridge. He noted that the Department of Natural Resources and Environmental Control (DNREC) will be meeting with the City of Dover and property owners to discuss this project. Responding to Mr. Ruane, Mr. Koenig assured members that the City will be pursuing re-mapping of the Puncheon Run flood plain. Mr. Koenig advised members that trapping of the beaver population north of the railroad tracks and disassembly of parts of an existing dam have eliminated the constriction of water flow. Planning and Funding for New Library Ms. Margery Cyr, Library Director, provided update information regarding the planning and funding for the new library. She noted that more than $200,000 has been received in private donations to date, and the public has been very receptive and supportive of the project. CDBG Program Mrs. Harvey, Community Development Manager, reviewed the Status of the FY 2008-09 CDBG

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 9 Program provided to members.

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 10 Housing and Recovery Act of 2008 Funds (Neighborhood Stabilization Fund) Due to time constraints, the Update for the Housing and Recovery Act of 2008 Funds (Neighborhood Stabilization Fund) was deferred. Comprehensive Plan Implementation Status Report Due to time constraints, the Update for the Comprehensive Plan Implementation Status Report was deferred. Skate Park Committee Due to time constraints, the Update for the Skate Park Committee was deferred. Youth Advisory Committee Due to time constraints, the Update for the Youth Advisory Committee was deferred. By consent agenda, Mr. Leary moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mrs. Russell and carried by a unanimous roll call vote. SPECIAL LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - APRIL 12, 2010 A Special Legislative, Finance, and Administration Committee Meeting was held on April 12, 2010 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. Part-Time, Temporary Inspector I - Code Enforcement Mrs. Ann Marie Townshend, Director of Planning and Community Development, reminded members that, during their meeting of March 8, 2010, she submitted a request for an Inspector I - Code Enforcement Officer. At that time, she advised members that, since the military deployment is not going to occur as anticipated, the request was no longer necessary and no further action was required. Mrs. Townshend advised members that, upon her return from vacation, she was notified that the employee (Mr. Ronald Coburn) has been deployed for active military duty for the next six (6) months. She also reminded members that another Inspector (Mr. Randy Speicher) recently retired. She reviewed the details regarding this request (attachment to Committee minutes).

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 11 At this time, Mrs. Townshend requested authorization to hire Mrs. Brenda Bradley to work on a part-time temporary basis (approximately 30 hours per week), until Mr. Coburn=s return in six (6) months. Since she was just made aware of the situation today, she was not able to obtain specific cost details; however, she estimated that the salary for Mrs. Bradley during this time period would cost approximately $6,000 and noted that there is $16,000 available. She explained the detrimental effects of not filling the position, particularly during this time of year when grass complaints increase. Responding to Mr. Salters, Mr. Anthony DePrima, City Manager, explained that the request is for authorization to hire the part-time, temporary employee for as long as the position is vacant. He noted that the position is budgeted for next year and when the permanent, full-time employee is not employed, there will actually be a cost savings, since the part-time, temporary employee would not be provided the same salary. Mrs. Townshend indicated that Mrs. Bradley retired from the City as an Inspector III and that she would be hired as an Inspector II. Due to her knowledge and experience, she assured members that Mrs. Bradley could begin assignments immediately. The Committee recommended approval of the request for permission to hire Mrs. Brenda Bradley as a temporary, part-time employee, as requested by staff. By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote. Proposed Ordinance #2010-02 - Adoption of 2009 ICC Codes (Building Codes) During their meeting of January 11, 2010, Committee members tabled Ordinance #2010-02 - Adoption of 2009 ICC Codes (Building Codes) to allow the development community time to review. Mr. Scott Koenig, Public Services Manager/Director of Public Works, reviewed the action form previously provided to members (attachment to Committee minutes). He explained that the City is currently operating under the 2003 ICC building codes and State law requires that municipalities adopt the 2009 International Plumbing Code. Staff has developed Proposed Ordinance #2010-02 to adopt the 2009 versions of the International Plumbing Code, International Building Code, International Residential Code, International Mechanical Code, International Fuel and Gas Code, and International Property Maintenance Code. In addition, staff is proposing adoption of the 2009 versions of the International Code Council Performance Code for Buildings and Facilities, International Existing Building Code, and International Energy Conservation Code. These new codes will allow flexibility in meeting code objectives. Mr. Koenig advised members that staff met with representatives of the development community. He stated that staff was made aware of the potential concerns related to very unique sections of the Code. After further discussion, he stated that it was determined that if there is a Code

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 12 conflict, the matter will be presented to the Construction Board of Appeals to determine a remedy, rather than trying to modify a very detailed Construction Code. Staff will either present a favorable recommendation or meet with the Board so that each side can present their opinions and the Board can make a determination. Mr. Koenig assured members that the representatives of the development community were satisfied with this remedy, since this is a very complicated series of amendments and no one can specifically determine how the Code will affect the design of a building until design is complete. Mr. Koenig noted that Proposed Ordinance #2010-02 would specifically not adopt the portion of the International Residential Code that would require installation of sprinkler systems in single-family homes, duplex homes, and townhomes as a part of the Building Code. However, he reminded members there is a performance measure in the design for certain types of townhouses that requires the potential installation of sprinkler systems in the Zoning Code. Responding to Mr. Ruane, Mr. Koenig stated that there is a minimum requirement in the Code for waterproofing the exterior walls of basements for new construction. He stated that water in basements has not been an issue for Dover, as it has for other areas in the nation; therefore, the City has not considered a modification of this requirement. The Committee recommended adoption of Proposed Ordinance #2010-02, as presented by staff. By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote. (The First Reading of the Proposed Ordinance will take place during the latter part of the meeting.) Proposed Ordinance #2010-11 - Adoption of Business License Fee Schedule Mr. Anthony DePrima, City Manager, presented Proposed Ordinance #2010-11 regarding the adoption of a business license fee schedule. He explained that, typically, the City=s business license fees remain unchanged for several years, and when fees are then raised, the increase is substantial. He reminded members that, at the Council Retreat held on January 29, 2010, Mr. Slavin suggested the establishment of an automatic fee escalation for business licenses based on an index. Mr. DePrima explained that Proposed Ordinance #2010-11would take the business license fee schedule and automatically update fees on July 1st of each year based on the published inflation rate for the previous calendar year. He stated that if the Proposed Ordinance is passed, there would be a 3.3% increase in business license revenues on July 1st, which equates to approximately $48,000 additional revenue to the City of Dover. Mr. DePrima advised members that there has not been an increase in business license fees since 2004. He reminded members that he has submitted previous requests for increasing these fees, in accordance with the City=s Revenue Manual, which indicates that the City should be updating the business license fees every three (3) years.

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 13 Mr. DePrima noted that there are three (3) classes of businesses that the Proposed Ordinance would not effect in terms of an automatic increase, as follows: 1) merchants; 2) manufacturers; and 3) contractors. He explained that the business license fees for these businesses is based on their sales or product bought, which would include a natural inflation factor. Staff recommended adoption of Proposed Ordinance #2010-11. In response to Mr. Leary, Mr. DePrima indicated that, although the Proposed Ordinance does not allow for a decrease in the current business license fee for a particular business, it includes a cap so that a fee increase could not exceed 5%. Responding to Mr. Shevock=s inquiry regarding the manner in which the State bases their fees, Mr. DePrima stated that, to his knowledge, there has never been a desire for all business license fees to be based on their gross receipts, with the exception of merchants, manufacturers, or contractors. Council President Williams relayed concern with instituting an increase during this period of economic decline. The Committee recommended approval of staff=s recommendation for adoption of Proposed Ordinance #2010-11. Council President Williams noted that this item is also listed for consideration as Item #12C - First Reading of Proposed Ordinance #2010-11. She also advised members of correspondence received from Ms. Carol Kisner, on behalf of the Kent County Association of REALTORS®, regarding this Proposed Ordinance (Exhibit #1). Mr. McGlumphy noted that, since this matter was discussed by the Legislative, Finance, and Administration Committee on April 12, 2010, a number of individuals have informed Council that they were not provided an opportunity to speak at the Committee meeting to voice concerns regarding the Proposed Ordinance. Mrs. Russell moved to suspend the rules and allow for public testimony regarding this issue, seconded by Mr. McGlumphy and carried by a roll call vote of seven (7) yes and two (2) no (Mr. Salters and Mr. Ruane). Mrs. Judy Diogo, Central Delaware Chamber of Commerce, representing businesses in Dover, requested that the Ordinance be referred back to the Legislative, Finance, and Administration Committee for further discussion. She relayed concern with increasing any fees at this time for the business community and felt that the Proposed Ordinance would create a compounding program for licensing fees. Mr. Ruane explained his opposition to allowing further public testimony was due to his understanding that the Central Delaware Chamber of Commerce was provided a copy of the

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 14 Proposed Ordinance and made aware of the Committee meeting when the issue was scheduled for discussion two (2) weeks prior. Responding, Mrs. Diogo confirmed receipt of the Ordinance for review; however, she was not provided the date when the matter would be discussed by the Committee. Mr. DePrima reminded Mrs. Diogo that he had advised her of the date and that she had informed him that the Legislative Committee of the Central Delaware Chamber of Commerce would not convene until after the Legislative, Finance, and Administration Committee=s scheduled meeting.

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 15 Mr. Philip McGinnis, McGinnis Commercial Real Estate, requested that members defeat the Proposed Ordinance or refer the matter back to the Committee to allow for further discussion. He stated that he was provided a copy of the Proposed Ordinance through the Chamber of Commerce; however, the Committee meeting date was not provided and the meeting was held without advance knowledge of the real estate community or other businesses. He urged members to refer the matter back to the Committee to allow the opportunity to express opposition. In response to Mr. McGinnis, Mr. Ruane reminded the public that the City provides a free subscription service that provides all Council and Committee agendas and related packet information for matters that are scheduled to be considered by the City. Mr. DePrima noted that, since there are many businesses in the City, the point of contact for disseminating information to the business community has always been through the Chamber of Commerce. He advised members that business licenses are mailed on June 1st; therefore, if the matter is referred back to the Committee, members would either miss the opportunity to increase fees for this fiscal year or members would defer the business licensing schedule, which has been done in prior years but only for one (1) to two (2) weeks. Mr. DePrima reminded members that, whenever such an increase has been proposed, both the Chamber of Commerce and real estate professionals have indicated their opposition to the fee increases. It was his feeling that a 3% increase is modest and reminded members that the City is facing a very difficult budget year. Mr. McGlumphy relayed concern regarding the inclusion of an automatic escalator clause that provides for an increase in the fees in the Ordinance, and lack of a provision for reversal of such an increase. He stated that the Proposed Ordinance is not business friendly and requested that members refer the matter back to the Committee to allow for public discussion. Mr. McGlumphy moved to refer proposed Ordinance #2010-11 back to the Legislative, Finance, and Administration Committee, seconded by Mrs. Russell. Responding to Mr. McGiffin, Mrs. Traci McDowell, City Clerk, stated that, in order to meet the June 1st mailing date for business licenses, the matter could be considered by the Committee and immediately considered by Council on the same date to allow for a Final Reading on May 24th. As an alternative, Mr. Salters indicated the possibility of calling Special Meetings to allow consideration of the Proposed Ordinance to be resolved prior to the June 1st mailing date. In response to Mr. Hogan, Council President Williams confirmed that the First Reading (Item #12C) of the Proposed Ordinance is scheduled to take place during the latter part of the meeting. As a compromise, Mr. Slavin suggested that the First Reading could be conducted later in this meeting, as scheduled, and would allow for a Final Reading to take place on May 24th. Mr. Leary indicated his feeling that the proposed fee increases are reasonable; however, he had no objection to referring the matter back to the Committee to allow further discussion, providing

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 16 the matter could be resolved in order to meet the June 1st mailing date. Relaying his objections to referring the matter back to the Committee, Mr. Ruane stated that staff had followed proper procedures and that due public notice regarding the matter was provided. The motion to refer proposed Ordinance #2010-11 back to the Legislative, Finance, and Administration Committee, with the understanding that the Ordinance will be presented to City Council on the same date for a Final Reading if approved, was carried by a roll call vote of eight (8) yes and one (1) no (Mr. Ruane). Proposed Ordinance #2010-13 - Furloughs and Pension Plan Closings Mr. Anthony DePrima, City Manager, reminded members that when the furlough program was introduced, he requested that the program be structured in such a way that if an employee retired during a period of time when furloughs were in effect, it would not permanently impact pension payments. He explained that an employee=s pension is calculated based on the actual salary earned. After much research, staff has developed a system that would rectify such situations. Mrs. Kimberly Hawkins, Human Resources Director, advised members that the action form was originally developed to address the furlough issue and then it was decided that, since amendments are being presented to the Pension Ordinance, staff should take the opportunity to update language in the Ordinance to make it more applicable to the work environment. She provided members a summary of the proposed changes included in Proposed Ordinance #2010-13 (noted in red font). Mandatory Furloughs Mrs. Hawkins reminded members that all City employees were subject to mandatory unpaid leave during FY 2010. Full-time employees are being furloughed eight (8) hours each month for nine (9) months of the year. A primary concern among the employees was the effect that the unpaid leave would have on the calculation of their pension. The calculation for members of the Defined Benefit Pension plan is based upon the highest 36 consecutive months within the last ten (10) years of employment. Mrs. Hawkins advised members that five (5) employees have been negatively affected by furloughs to date. The furloughs resulted in a reduced benefit in the range of $6 - $14.25 per month. She indicated that staff has proposed that the dollar value of the mandatory furloughs be considered in the calculations of the employee=s retirement if the mandatory furloughs occur within the highest 36 consecutive months within the last ten (10) years of employment. The required employee and City pension contribution would be paid into the plan by the City. This proposal mirrors House Bill 218 of the State of Delaware and affects City police officers. Mrs. Hawkins indicated that a primary concern among the employees of the 401 Defined Contribution plan was the lost contributions due to furloughs. Staff recommended that the City make up lost employee and City contributions to the affected employees. There are 82 affected employees who are members of the 401 plan. The cost for these contributions would be

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 17 approximately $16,000. She assured members that staff has received confirmation from the 401 Plan Administrator that the City would be able to make these contributions if Council adopts this recommendation.

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 18 Ordinance Updates In regards to the updates to the General Employees Pension Plan, Mrs. Hawkins explained that the recommended language changes are intended to provide clarity in administrating the plan or enhancements to the plan. References to the Defined Contribution Plan have been eliminated. She noted that the ordinance for the Defined Contribution Plan will be updated and presented for consideration at a later date. Mrs. Hawkins stated that the language within the General Employees Pension Plan has been updated or inserted to address the following situations: 1) closure of the plan; 2) leave of absence for a worker=s compensation injury and mandatory furloughs; 3) timing of benefit payments; 4) providing the ability to request verification from surviving spouse; 5) adding a benefit for dependents up to age 22 who are full-time students; 6) interest rate for refund of contributions and timing of distribution; 7) repayment of previously distributed contributions; 8) providing better guidance in administrating disability pensions, as well as pension calculations; and 9) ability of laid-off employees to re-enter the plan upon recall. Mr. Hogan relayed concern that the language included in Lines 99-100 conflicts with Lines 106-110, since Lines 99-100 close the defined benefit plan and, therefore, eliminate the option for employees to join said plan. After much discussion, Mrs. Hawkins assured members that she would review these sections for a possible revision for clarification. Responding to Mr. Shevock regarding Lines 218-220, Mrs. Hawkins indicated that the issue regarding birth children, step-children, or adopted children has never been discussed, nor has such a situation arisen. She requested any suggestions members may have regarding this issue. Mrs. Donna Mitchell, Controller/Treasurer, felt that the Ordinance should not be changed to include any children except biological children, since this would affect the City=s costs. Dr. Jones felt there could be legitimate reasons why a spouse may not have been living with the retired employee who just passed. Responding, Mrs. Hawkins indicated that there have been extenuating circumstances when a retired employee was in a nursing home; however, she explained she encountered one situation when a surviving spouse signed the required affidavit and then staff was advised that the retired employee and the surviving spouse had not lived together for many years. She suggested that requiring a utility bill from the surviving spouse to prove residency may prove beneficial in this regard. Dr. Jones suggested that, in addition to residence in a nursing home, there may be extenuating circumstances that required the retired employee to reside with an adult child, and that a ruling of some sort would be necessary in this situation. She advised members of her desire for more specifics and suggested additional deliberation in this regard. Dr. Jones also relayed concerns regarding the benefits of surviving children and explained that if, in fact, a retired employee has legal responsibility for a step-child, that child should be given the same consideration as a biological child. Responding, Mrs. Hawkins noted that specifics regarding surviving children have not been included in the Proposed Ordinance and welcomed any suggestions members may have regarding this matter.

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 19 Concurring with Dr. Jones, Council President Williams suggested that, rather than basing proposed amendments on past experiences, staff consult other municipalities and have the amendments reviewed by the City Solicitor. She felt that if these actions were taken, it would exclude any subjectivity. Responding, Mrs. Hawkins advised members that, although specific questions were not raised, Deputy City Solicitor Pepper has reviewed the Proposed Ordinance. Mr. Leary suggested the elimination of the reference to living arrangements, explaining that in the private sector, the beneficiary listed on documents is the recipient of benefits. Mr. DePrima requested that "and who was not domiciled apart from the participant at the date of his death;" be deleted from line 218 and "and place of residence" be deleted from line 219. Mr. McGlumphy requested that the Proposed Ordinance be brought back to the Committee prior to its final submission to Council for adoption. With reference to Lines 276-277, Mrs. Hawkins explained that it was recommended for deletion due to the requirement included in the Employee Handbook, which is in conflict with the wording in the Code. With reference to lines 280-285, she explained that it was recommended for deletion due to the fact that these requirements were already in the Employee Handbook, and she did not feel it was necessary to include them in the Dover Code. Responding, Mr. McGlumphy suggested that, even though an issue is addressed in the Employee Handbook, it should remain in the Dover Code and, if necessary, an amendment should be presented to members to correct the conflict. At the request of Mr. Ruane, Mrs. Hawkins indicated that staff will assure that there are no conflicts between the Employee Handbook and the pension plan ordinances. For clarification, Mr. DePrima stated that the Employee Handbook has the same "weight" of law as the Dover Code since the Handbook is adopted by Code. He advised members that staff is not permitted to make changes to the Employee Handbook without Council approval. He stated that there should never be a conflict between the Employee Handbook and the Dover Code. Referring to Lines 362-363, Mr. Salters questioned if an employee could be re-hired after being off a day, a week, a month, etc., after the 180 days. Responding, Mrs. Hawkins indicated that there are no specifics recommended at this time. After much discussion, Mr. DePrima suggested that since the proposed amendments are being brought back to the Committee, staff will include language to address this issue. With regards to the issue regarding step-children, Mrs. Mitchell advised members that if children other than biological children are included, the benefits are reduced per child. If the step-child is not living with the retired employee upon the employee=s death (though they may have "visitation" rights, etc.), the biological child=s benefit would be reduced. Mr. McGlumphy noted that no further action was required at this time. He stated that staff will

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 20 be making additional amendments based on the Committee=s discussion and that this matter will be brought back to the Committee for further review and recommendation to City Council. Summary of Pay for Performance (PFP) Employee Meetings During their meeting of March 22, 2010, members were provided a Presentation of the Summary of Pay for Performance (PFP) Employee Meetings. The Committee tabled this matter until their next meeting to allow for further discussion. During that meeting, members were reminded that when the MAG overview of recommendations was presented to the Committee during their meeting of November 23, 2009, staff was requested to schedule meetings to discuss the document with employees to assure their understanding and provide them the opportunity to comment before its presentation to Council. Further discussion of the MAG Study was tabled until the meetings were held with employees (Committee=s recommendations approved by Council during their Regular Meeting of December 14, 2009). Referring to the Presentation provided during their last meeting (included as Attachment #1 to the Legislative, Finance, and Administration Committee Minutes of March 22, 2010), Mr. Anthony DePrima, City Manager, noted that the employees= concerns regarding the "Quarterly Reviews" (Slide 2) had already been addressed in the MAG Overview of Recommendations (see next agenda item). Referring to the "Goal Setting" (Slide 3), he advised members that the first bullet concern was made by only one (1) employee. Although the second and third bullet concerns were made by a few departments, he advised members that the Human Resources Manager is requiring department heads to be specific and meet "SMART" goals. With regards to the "Pay Increases" (Slide 4), Mr. DePrima stated that the first bullet, which refers to "across the board" measures, was in response to Council=s "across the board" salary increases. He stated that he could not find any record in the minutes regarding employee=s concerns regarding executive decisions being made without the awareness/knowledge of Council. Referring to the "Hiring Promises" (Slide 5), Mr. DePrima confirmed that the issue regarding the ability to "catch up" has been addressed in the MAG Overview of Recommendations. He stated the remaining comments included in the Presentation are not supported and noted that the concerns were relayed by only one (1) employee.Responding to Mr. McGlumphy regarding the email provided by Ms. Carolyn Long, MAG Consultant, Mr. DePrima noted that the second bullet included in the "conclusion" (Slide 12) of the Presentation provided to members during their last meeting suggested the "elimination of organizational level in the classification system". He stated that when the organizational value is considered, it veers away from pay-for-performance. He advised members that the email provides an explanation of how the organization level is utilized to conduct a final reconciliation of the pay scales recommended with the scores. Mr. DePrima suggested, rather than eliminating the organizational score, revising it so that all positions have some score that makes sense. After reviewing the minutes of the employee meetings, Mr. DePrima stated that there were no comments that required significant changes to the policy, with the exception of the Quarterly Reviews and Pay-for-Performance, rewarding employees for performance.

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 21 Since no further action was required regarding this matter, Mr. DePrima noted that the discussion would continue with the next agenda item, MAG Overview of Recommendations.

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 22 Management Advisory Group (MAG) Overview of Recommendations (Tabled by Committee on November 23, 2009 Pending Conclusion of Meetings with Employees) During their meeting of November 23, 2009, Committee members continued their review of the Management Advisory Group (MAG) Recommendations. After completing their review, Mr. McGlumphy requested that staff schedule meetings to discuss the document with employees to assure their understanding and provide them the opportunity to comment before its presentation to Council (see previous agenda item). As a result, members tabled discussion of the MAG study until the meetings were held with employees. Mr. DePrima advised members that there have been no further changes to the MAG Recommendations and that members were provided a table of 21 recommendations, along with a companion policy. Staff recommended approval of the recommendations which will provide for an improved policy. Referring to the 21 recommendations, Mr. Hogan noted that two (2) were eliminated, since Recommendation #8 was rejected by the Committee and it had been determined that Recommendation #17 was a duplication; therefore, there were only 19 recommendations to be considered. Responding, Mr. DePrima confirmed that there were 19 recommendations; however, staff was not recommending that action be taken on the table provided. He stated that staff recommends the adoption of the policy changes. In response to Mr. Ruane, Mr. DePrima explained that the Consumer Price Index - All Urban Consumers (CPI-U) is an inflation rate which is published on a monthly basis. Mr. Leary further explained that the CPI-U is a national figure provided by the Federal Government and is generally accepted in many economic and business circles as a benchmark. Referring to the Presentation again, Mr. DePrima noted that, with the exception of the first bullet, the remainder of the items relate to the compensation plan. It was his hope that members would move forward with the policy and staff could come back to the Committee to discuss the compensation plan. The Committee recommended adoption of the MAG Overview of Recommendations, as presented by staff (attachment to the Committee minutes). By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote. Presentation - Comprehensive Annual Financial Report - Fiscal Year Ended June 30, 2009 During their meeting of March 22, 2010, members deferred the Presentation of the Comprehensive Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 2009, due to time constraints. Mrs. Donna Mitchell, Controller/Treasurer, provided a Presentation of the Comprehensive

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 23 Annual Financial Report (CAFR) for Fiscal Year Ended June 30, 2009 (attachment to Committee minutes). (City Clerk=s Office Note: The Controller/Treasurer requested that this item be placed on the next Legislative, Finance and Administration Committee agenda in order to complete her review.) The Committee recommended acceptance of the Comprehensive Annual Financial Report. By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote. FY 2011 Five-Year Capital Investment Plan (CIP) (Deferred by Committee on March 22, 2010 Due to Time Constraints) Due to time constraints, the Committee deferred consideration of the FY 2011 Five-Year Capital Investment Plan (CIP). Mr. McGlumphy requested the City Clerk to include this as one of the first items on the next agenda for consideration. Mr. McGlumphy moved for acceptance of the Legislative, Finance, and Administration Committee Report, as amended, seconded by Mr. Leary and unanimously carried. SPECIAL UTILITY COMMITTEE REPORT - APRIL 12, 2010 A Special Utility Committee Meeting was held on April 12, 2010 with Chairman Ruane presiding. Electric Service Handbook Revisions Mr. Ronald Lunt, Public Utilities Director, advised members that the City of Dover Public Utilities Department had identified a need for a "user-friendly" Electric Service Handbook to make it easier for customers, contractors, developers, and staff to find pertinent information related to the Electric Department=s rules and regulations. He explained that the existing handbook was revised to incorporate current information and to improve the format. He noted that the updated handbook is divided into four (4) sections with descriptive sub-sections. Mr. Lunt advised members that substantive changes were outlined in the "Major Changes" document which was provided to members and reviewed; however, he indicated other passages in the Handbook were modified to clarify the intent of the applicable section. Responding to Mr. Ruane regarding Item #10 - Customer Service Procedures, Mr. Lunt stated that this section of the handbook was provided to the appropriate department for review and that it was his understanding that no major changes were suggested. Mr. Anthony DePrima, City Manager, assured members that Mrs. Teresa Tieman, Senior City Administrator, would be made available to respond to any concerns at a later time. Referring to Section 4, Customer Services, Sub-Section IX, Transferring Service, on page 36 of the handbook, Mr. Hogan noted that electric service cannot be provided until the property actually changes ownership (after settlement). He questioned how electric service could be provided to individuals purchasing a property when settlement occurs late in the day. Responding, Mr. DePrima suggested that the Customer Service sections of the handbook remain

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 24 with the Committee for further review at their next meeting, when Mrs. Tieman would be available to answer specific questions and concerns. Mr. Ruane suggested that Mrs. Tieman provide members with current customer service pamphlets at the next meeting to ensure that any changes being made to the City=s policies and procedures are being relayed to customers. Mr. McGiffin advised members of his interest in electric service transfer policies that affect victims of domestic violence who sometimes need a service transfer in an emergency situation. He stated that the City has dealt satisfactorily with these parties in the past; however, he noted that related policies and procedures are not included in the handbook. He requested that this matter also be discussed with Mrs. Tieman at the next meeting with the goal of "institutionalizing" a policy to handle this type of situation. The Committee recommended approval of the Electric Service Handbook, stipulating that "Customer Service Revisions" be presented at the next Utility Committee Meeting. By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation (Exhibit #2), seconded by Mrs. Russell and carried by a unanimous roll call vote. Wastewater Master Plan Review Mr. Brian Turner, Civil Engineer, Public Utilities Department, reviewed a Presentation entitled "Wastewater Master Plan Update" (attachment to Committee minutes). Members were also provided the Wastewater System Master Plan Update report submitted by Braun Engineering and Surveying (BE&S) dated May 2009. Responding to Mr. McGiffin, Mr. Turner indicated that all of the projects included in the Wastewater Master Plan Update are included in the Capital Improvement Plan (CIP). The Committee recommended acceptance of the Wastewater Master Plan Update. By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation (Exhibit #3), seconded by Mrs. Russell and carried by a unanimous roll call vote. Analysis of Proposed Recycling Legislation During their meeting of March 22, 2010, members authorized the extension of the City=s recycling contract with the Delaware Solid Waste Authority (DSWA). Members were also advised that Governor Jack Markell had recently announced his intention to propose legislation that would mandate recycling in Delaware and require municipalities to operate under the new legislation by September 2011. Mr. Anthony DePrima, City Manager, provided a summary of Senate Bill 234 - Universal Recycling (attachment to Committee minutes) and summarized a discussion that occurred between municipalities and Department of Environmental Resources and Environmental Control (DNREC) officials on this subject. He advised members that on March 30, 2010, representatives of Delaware municipalities met with DNREC and provided a list of concerns and clarifications needed regarding the March 17, 2010 version of the Proposed Universal Recycling Legislation.

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 25 Mr. DePrima stated that DNREC officials assured municipal representatives that DNREC would accommodate those concerns that they considered to be reasonable. Mr. DePrima advised members that the concerns relayed by the municipalities were as follows: 1. Minimum container size restrictions should be removed. 2. The legislation should clearly provide that DSWA will not charge for recyclable waste brought to DSWA centers. 3. Restrictions on increasing the charges for recycling should be removed, regardless of whether or not municipal grant applications are pending. 4. Consideration should be given to providing municipalities a rebate of the money placed in the Delaware Recycling Fund, rather than offering a start-up grant/loan program, particularly for communities that are already recycling. 5. There should be some flexibility provided for multiple-unit residences (apartments) where there is not adequate space available for additional containers. 6. Municipalities must be consulted on the closure of any DSWA drop-off recycling sites. Mr. DePrima noted that, as a result of the meeting, language was incorporated in Senate Bill 234 that addresses five (5) of the six (6) concerns raised, as follows: 1. The minimum size restriction was eliminated; however, wheeled containers are required. 2. Wording was included that appears to provide that municipalities will not be charged for recycled waste brought to DSWA "unless legislated otherwise"; however, Mr. DePrima stated that this is not completely clear in the legislation. He noted that, currently, this provision is dependent upon a determination that adequate private facilities are not available. 3. The legislation allows DNREC to create a rebate program, but guidelines are not provided. Mr. DePrima noted that a reference to rebates is included in Section 6054 of the proposed bill; however, he felt that it should be made clear that this is an important component of the Delaware Recycling Fund and perhaps a set percentage of the fund should be designated for rebates for municipalities with existing recycling programs. 4. An appeal process was established for multiple-unit residences where it is believed that providing the service would be impractical. 5. A provision was included for consultation with municipalities when DSWA drop-off centers are closed. Mr. DePrima advised members that the only matter that was not acknowledged or accommodated was the prohibition of municipal rate changes during the grant application process and after grant approval. In conclusion, Mr. DePrima suggested that the City adopt the following approach: 1. Continue to seek a "hands-off= approach from the State regarding municipal rate increases. It was Mr. DePrima=s feeling that the restricted language in the legislation is intended for private haulers, rather than municipalities, who are held accountable by voters. 2. Request legislators to provide stronger assurances for a rebate program which rewards

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 26 communities that have already started recycling programs and are seeing high rates of participation. 3. Request the incorporation of "retroactive" reimbursement for start-ups that occur prior to passage of the legislation. Mr. DePrima reiterated the need for stronger language and clarification that the DSWA will not charge for recyclable waste brought to DSWA centers. Responding to Mr. Ruane, Mr. DePrima assured members that he would verify that the "match" requirements have been eliminated from the proposed legislation. The Committee recommended endorsement of the changes to the Proposed Recycling Legislation, as presented by staff. Mr. Ruane moved to authorize the City Manager to continue to support SB 234 and to continue the City=s efforts to have amendments filed with the Bill that would incorporate those changes which were endorsed by the Utility Committee at its meeting of April 12, 2010, seconded by Mr. Leary and unanimously carried. Mr. Salters moved for acceptance of the Utility Committee Report, as amended, seconded by Mr. Ruane and unanimously carried. CIP MONTHLY REPORT - FEBRUARY 2010 By consent agenda, Mr. Leary moved for approval of the CIP Monthly Report for February 2010, seconded by Mrs. Russell and carried by a unanimous roll call vote. SEMI-ANNUAL INSPECTION BY CITY MANAGER - ROBBINS HOSE COMPANY In accordance with Section 46-43 of the City Code, Mr. Anthony DePrima, City Manager, performed an inspection of the Robbins Hose Company on April 14, 2010. Members were provided a report on the Semi-Annual Inspection, as submitted by Mr. DePrima. By consent agenda, Mr. Leary moved for acceptance of the report of the Semi-Annual Robbins Hose Company Inspection, as submitted by the City Manager, seconded by Mrs. Russell and carried by a unanimous roll call vote. ELECTION TO FILL VACANCY - ROBBINS HOSE COMPANY - THIRD ASSISTANT FIRE CHIEF - PATRICK WEST A Special Election for the Robbins Hose Company was held on April 19, 2010. Members were provided the results from the April 19, 2010 Robbins Hose Company Special Election for consideration as follows: Third Assistant Fire Chief - Patrick West

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 27 By consent agenda, Mr. Leary moved for acceptance of the Election of Patrick West to serve as Third Assistant Fire Chief for Robbins Hose Company No. 1 for the Year 2010, as submitted. The motion was seconded by Mrs. Russell and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 28 ELECTION RESULTS - 2010 MUNICIPAL ELECTION Mrs. Traci McDowell, City Clerk, reported the results of the 2010 Municipal Election held on April 20, 2010, as certified by the Election Board, as follows: MAYOR Carleton E. Carey, Sr. 1,507 (51.56%) William H. Daisey 553 (18.92%) Nancy H. Wagner 863 (29.52%) Total Votes Cast 2,923 (15.01%) Total Registered Voters 19,478 FIRST DISTRICT COUNCIL SECOND DISTRICT James A. Stewart 359 (40.07%) COUNCIL Beverly C. Williams 537 (59.93%) William P. McGlumphy 391 (48.88%) Adam M. Perza 309 (38.63%) Total Votes Cast 896 (13.95%) Karlton H. Schmidt 100 (12.50%) Total Registered Voters 6,423 Total Votes Cast 800 (15.07%) Total Registered Voters 5,308 THIRD DISTRICT COUNCIL FOURTH DISTRICT COUNCIL David L. Bonar 447 (55.46%) Mark D. Harmon 137 (39.26%) Robin R. Christiansen 359 (44.54%) Sophia R. Russell 212 (60.74%) Total Votes Cast 806 (13.76%) Total Votes Cast 349 (9.11%) Total Registered Voters 5,856 Total Registered Voters 3,831 Referring to the low turnout for the Election (15%) and noting that there were fewer votes cast for Council than for Mayor, Mr. Hogan urged the residents of Dover to become involved with the City=s election and vote for their representatives. Mr. Salters moved for approval of the Election Results as reported by the City Clerk. The motion was seconded by Mr. Hogan and unanimously carried. QUARTERLY REVENUE REPORT/PROJECTED REVENUES FOR FY 2010 Mrs. Donna Mitchell, Controller/Treasurer, reviewed the Quarterly Revenue Report/Projected Revenues as of March 31, 2010. She advised members that the Revenue Forecast now includes FY 2011 projections and does not include potential rate increases that may result from the budget hearings. She noted that the amount of $491,524, listed as the March YTD Receipts for Transfer from Civil Traffic Penalties Fund, should be $548,000; therefore, it comprises 78% of budget versus the 70% reported. Mrs. Mitchell indicated that consumption is down for both Water/Wastewater and Electric, which has resulted in reduced revenues. In response to Mr. Ruane, Mrs. Mitchell stated that the report reflects staff=s review of the revenue forecast model and has been revised from the report provided previously. With regards

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 29 to questions relating to the First Reading of the FY 2010 Budget Amendments, Mrs. Mitchell indicated that there is no correlation and explained that the amounts will be tied to the revised budget presented during the budget hearings. Responding, Mr. Ruane relayed his reluctance to conduct a First Reading and ultimately adopt an ordinance that contains amounts that have changed since the budget amendments were initially presented. Mr. McGlumphy relayed concerns regarding the revenue shortfall in the amount of $6.4M for all funds. Responding, Mrs. Mitchell confirmed that it will be necessary for the City to either increase fees or reduce expenses. She reiterated that consumption has decreased, and stated that the model previously reflected flat growth, however, currently reflects a decrease in growth. Mr. Slavin indicated concerns with the revenue projections for the General Fund, particularly with transfer tax. He reminded members that volatility in revenue sources was discussed during the Council Retreat held on January 29, 2010, and that one strategy mentioned at that time was to base such expenditures on the previous year=s income level, rather than budgeting a figure for the current year. He stated that using this would allow the City 12 months to adjust to changes in revenue and suggested that this approach be considered during the budget review. With reference to the concerns relayed by Mr. McGlumphy regarding the $6.4M reduction, Mr. Slavin noted that when consumption is reduced, there is also a reduction in the City=s expenses, particularly with electricity. Responding, Mrs. Mitchell confirmed that this holds true with electric consumption, but not necessarily with water/wastewater, due to the Inflow & Infiltration problem. Mr. Ruane requested an assurance that the current budget is being maintained by staff within the projected revenue amount. Responding, Mrs. Mitchell explained that the purpose of budget balancing policies is to provide the City time to take corrective action, if necessary. Mr. Hogan moved for acceptance of the Quarterly Revenue Report as of March 31, 2010, seconded by Mr. McGiffin and unanimously carried. APPOINTMENT RECOMMENDED BY MAYOR CAREY - HISTORIC DISTRICT COMMISSION - GEORGE M. FISHER, IV (TO FILL THE UNEXPIRED TERM OF JAMES D. MCNAIR, II - TERM TO EXPIRE JULY 2011) Mayor Carey recommended the appointment of Mr. George M. Fisher, IV, to serve on the Historic District Commission for a term to expire July 2011 (to fill the unexpired term of James D. McNair, II). By consent agenda, Mr. Leary moved for approval of the appointment of Mr. George M. Fisher, IV, to the Historic District Commission for a term to expire July 2011, as recommended by Mayor Carey. The motion was seconded by Mrs. Russell and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 30 FIRST READING - PROPOSED ZONING ORDINANCE #2010-12 Council President Williams reminded the public that copies of Proposed Ordinance #2010-12 are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. The Ordinance was referred by the Parks, Recreation, and Community Enhancement Committee. Since the Ordinance is an amendment to the Zoning Code, a public hearing is required. Staff recommended referral of the amendments to the Planning Commission on May 17, 2010 and that a public hearing be scheduled to take place during the Council Meeting of June 14, 2010, at 7:30 p.m., at which time final action by Council will take place. Mr. Hogan moved to refer the amendments to the Planning Commission and set a public hearing before City Council for June 14, 2010 at 7:30 p.m., as suggested by staff. The motion was seconded by Mr. Leary and unanimously carried. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendments as read by the City Clerk, by title only, as follows: ORDINANCE #2010-12 - APPENDIX B - ZONING, ARTICLE 3 - DISTRICT REGULATIONS, SECTION 30 - RECREATIONAL AND OPEN SPACE ZONE FIRST READING - PROPOSED ORDINANCES Council President Williams reminded the public that copies of the Proposed Ordinance are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. These Ordinances were referred by the Legislative, Finance, and Administration Committee. Final action by Council on the Proposed Prdinances will take place during the Council Meeting of May 10, 2010. Council President Williams noted the receipt of correspondence received from Ms. Carol Kisner, on behalf of the Kent County Association of REALTORS® (See Exhibit #1) and the response submitted by Mr. Anthony DePrima, City Manager (Exhibit #4) relative to Ordinance #2010-11. Mr. Ruane moved to table Ordinance #2010-14 - FY 2010 Budget Amendments, seconded by Mr. McGlumphy and failed by a roll call vote of seven (7) no and two (2) yes (Mr. McGlumphy and Mr. Ruane). In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Proposed Ordinances as read by the City Clerk, by title only, as follows: < ORDINANCE #2010-14 - FY 2010 BUDGET AMENDMENTS < ORDINANCE #2010-02 - ADOPTION OF 2009 ICC (BUILDING) CODES < ORDINANCE #2010-11 - ADOPTION OF BUSINESS LICENSE FEE SCHEDULE COUNCIL MEMBERS ANNOUNCEMENTS Mr. McGiffin reminded members to mark their calendar for June 26, 2010 for the next African

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 31 American Festival.

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 32 Mr. McGiffin reminded members of the heroic and tragic struggle of Ethan Max Williams, who succumbed to cancer in January of this year. He advised members that, in memory of Ethan, the Dover Fire Department is sponsoring the 3rd Annual Alex=s Lemonade Stand to take place during Old Dover Days on May 1st and distributed a flyer that provided additional information (Exhibit #5). Mr. Ruane thanked the Election Board and workers at the polling places and particularly the City Clerk=s Office for another well run, organized, and error-free election. He noted that the City has earned reputation of running Council and Mayoral elections in a very effective way and noted this past election continued this high standard. Mr. Salters announced a theater production by Mr. Don Blakey, Africa - Our Friend, to be held at the Kirkwood Community Center, the weekends of April 29th and May 6, 2010 (Thursday, Friday, and Saturday), beginning at 7:00 p.m. He stated that the tickets are on sale for $20 and the proceeds will be used to construct a cultural center on the west side of Downtown Dover where the old scrapyard was located. Mayor Carey reminded members that Old Dover Days will begin this upcoming weekend, May 1, 2010. Mr. Slavin moved for adjournment, seconded by Mr. McGiffin and unanimously carried. Meeting Adjourned at 8:26 P.M. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of April 26, 2010, are hereby approved. CARLETON E. CAREY, SR. MAYOR /TM/jg mag3A5B.wpd Exhibits Attached to Original Minutes and File Copy Exhibit #1 - Letter Dated April 16, 2010 from Ms. Carol Kisner, on behalf of the Kent County Association of REALTORS® Exhibit #2 - Electric Service Handbook Exhibit #3 - Wastewater Master Plan Update Exhibit #4 - Letter Dated April 19, 2010 submitted by Mr. Anthony DePrima, City Manager

CITY COUNCIL MEETING OF APRIL 26, 2010 PAGE 33 Exhibit #5 - Flyer - 3rd Annual Alex=s Lemonade Stand

EXHIBIT #1 Regular Council Meeting of 04/26/2010

EXHIBIT #2 Regular Council Meeting of 04/26/2010 CITY OF DOVER ELECTRIC SERVICE HANDBOOK Revised 1/21/2010

CITY OF DOVER PUBLIC UTILITIES DEPARTMENT 860 BUTTNER PLACE DOVER, DE 19901 ELECTRIC SERVICE HANDBOOK Please contact the following for typical services noted: CUSTOMER SERVICE Customer contact to obtain information regarding rates, billing 5 East Reed Street questions, deposits, credit information, application for service, and Dover, DE 19901 applying for security lights. 302‐736‐7035 ELECTRICAL ENGINEERING Electricians, contractors, and builders should contact this division City of Dover Public Utilities regarding initiation of electric services, applications, service requirements 860 Buttner Place and procedures and tentative time schedules. Dover, DE 19904 302‐736‐7070 EMERGENCY REPAIR Customer outage, voltage problems, street or security light outage, or 24/7 Service other electrical related problem or concern. 302‐736‐7086

STATE APPROVED INSPECTION AGENCIES This list was the agencies available at the time of publication and only listed for information, others may be available. AMERICAN INSPECTION AGENCY FIRST STATE INSPECTION 3106 Polly Drummond Office Park 111 S. Race St Newark, DE 19711 Georgetown, DE 19947 877‐242‐1300 800‐468‐7338 BUILDING INSPECTION MIDDLE DEPARTMENT UNDERWRITERS, INC. 2024 DUCAN RD Suite 1‐C Liberty Plaza Wilmington, DE 19802 Newark, DE 19711 800‐222‐6342 800‐732‐2551 302‐266‐9057 UNITED INSPECTION AGENCY NATIONAL CODE INSPECTION 180 Main St 14514 Oak Rd Ambler PA 19002 Greenwood, DE 19950 215‐542‐9977 302‐349‐9493 CALL MISS UTILITY AT 811 OR 800‐282‐8555 TO LOCATE THE UNDERGROUND FACILITIES (ALL UTILITIES MAY NOT BE MEMBERS OF THIS ORGANIZATION). FOR THOSE WHO ARE ABOUT TO DIG ANYWHERE ON THE DELMARVA PENINSULA, THIS ONE CALL ENABLES YOU TO MAKE ONE TOLL FREE TELEPHONE CALL TO HAVE THE MEMBER COMPANIES' FACILITIES LOCATED. TO CHECK ON THE STATUS OF A LOCATE TICKET, GO TO www.managetickets.com PRIVATELY OWNED UTILITIES WILL NOT BE LOCATED BY THE MEMBERS OF THIS ORGIZATION.

TABLE OF CONTENTS 1. GENERAL I. GENERAL INFORMATION 1  DEFINITIONS 3  SUPPLY VOLTAGES 5  CLASS OF SERVICE 5  INSPECTIONS 5 II. SERVICES AND EXTENSIONS  EXTENSIONS 6  SERVICES 7  MOBILE HOME PARKS 7 III. LIGHTING  Security Lights 7  Street Lights 8 IV. MOTOR PROTECTIVE DEVICES 8 V. GENERATORS 9 VI. POWER FACTOR CORRECTION 9 VII. CUSTOMER OWNED TRANSFORMER 9 VIII. SUBSTATIONS 9 IX. SENSITIVE ELECTRONIC EQUIPMENT 9 X. PRIMARY CUSTOMER 9 XI. TEMPORARY ELECTRIC SERVICE 10  Overhead 10  Underground 11 XII. RIGHTS OF WAY 11 XIII. ACCESS 11 XIV. CONTINUITY OF ELECTRIC SERVICE LIABILITY & NOTICE 11 XV. CITY’S RIGHT TO DISCONTINUE SERVICE & NOTICES 12 I

XVI. SUSPENSION OF ELECTRIC SERVICE CONTRACT 13 XVII. RELOCATION OF ELECTRIC FACILITIES 13 XVIII. RIGHT TO REMOVE CITY’S EQUIPMENT 13 XIX. CITY’S RIGHT TO INSPECT 13 XX. DEFECTIVE INSTALLATIONS 14 XXI. SERVICE DISCONNECTED DUE TO FIRE, WATER STRUCTURAL OR SIMILAR INCIDENT 14 2. ELECTRIC METERS I. CITY RESPONSIBILITY 15 II. CUSTOMER RESPONSIBILITY 15 III. ELECTRIC SERVICE CONTRACT 15 IV. METER LOCATION 15 V. METER SOCKET REQUIREMENTS 15 VI. 480 VOLTAGE SPECIFICATIONS 17 VII. METER SOCKET MOUNTING 17 VIII. METER AND METER SOCKET ACCESSIBILITY 17 IX. METER SOCKET IDENTIFICATION 17 X. METER TAMPERING 17 XI. INACTIVE METERS/METERS REMOVED FOR CAUSE 18 XII. TERMINATION WITH NOTICE 18 XIII. TERMINATION WITHOUT NOTICE 18 XIV. METER TESTING 18 XV. METER ADJUSTMENTS 18 XVI. CHANGE OF INSTALLATION 19 XVII. FEES / CHARGES 19 XVIII. INSPECTIONS AND ENTERING PRIVATE PROPERTY 20 XIX. RIGHT TO REMOVE CITY’S EQUIPMENT 20 II

3. TECHNICAL CONSIDERATIONS COVERING PARALLEL OPERATIONS OF CUSTOMER OWNED GENERATION I. PURPOSE 22 II. APPLICABILITY 22 III. DEFINITIONS 22 IV. INTERCONNECTION APPLICATION 24 V. DESIGNATION OF COMPANY CONTACT PERSONS FOR MATTERS RELATING TO DISTRIBUTED 24 GENERATION CONNECTION VI. PRE‐INTERCONNECTION STUDIES 24  Completion of Pre‐Interconnection Study 24  Pre‐interconnection Study Fee 24 VII. NETWORK INTERCONNECTION OF DISTR. GENERATION 24 VIII. PRE‐APPROVAL OF GENERATION UNITS, DEVICES & SYST. 24 IX. CONNECTION APPROVAL 24 X. INTERCONNECTED GENERATION SITE WARNING LABEL 25 XI. DISCONNECTION AND RECONNECTION 25  Application Termination 25  Non Compliance 25  In Case of a System Emergency Outage 25 Of the Company’s Primary Electrical Sources  For Routine Maintenance and Repairs 25 XII. TERMINATION 25 XIII. PRIVILEGED COMMUNICATIONS CONCERNING PROPOSED DISTRIBUTED GENERATION PROJECTS 26 XIV. TECHNICAL GUIDELINES FOR PARALLEL OPERATION OF ON‐SITE DISTRIBUTED GENERATION UNITS 26  General Interconnection & Protection Requirements 26  Prevention of Generator Owner Generation Interference with Company System 28  Voltage 28  Flicker 29 III

 Frequency 29  Harmonics 29  Power Factor 30  Current 30  Fault & Line Clearing 30  Automatic Reclosing 31  Control, Protection & Safety Equipment Requirements Specific To Generators 31 of 500 kW or less  Control, Protection & Safety Requirement Specific to Three Phase Synchronous 31 Generators, Induction Generators & Inverter Systems  Three Phase Synchronous Generators 31  Three Phase Induction Generators & Inverter Systems 32  Requirements Specific to Generators Paralleling For 0.1 second or less 33  Inverter Type 33  Inspection & Start‐Up Testing 33  Site Testing & Commissioning 33  Metering 33  Dedicated Transformer 33  Suggested References 34 4. CUSTOMER SERVICE 35 I. APPLICATION AND CONTRACT FOR SERVICE 35 II. ELECTRIC SERVICE CONTRACT 35 III. ELECTRIC SERVICE RATES 35 IV. NO PREJUDICE OF RIGHTS 35 V. CITY’S RIGHT TO REJECT APPLICATION 35 VI. SERVICE CHARGE FOR APPLICATION OF SERVICE 35 VII. MOBILE HOME PARKS 36 VIII. SERVICE DEPOSIT 36 IV

IX. TRANSFERRING SERVICE 36 X. DISCONTINUE ELECTRIC SERVICE BY CUSTOMER NOTICE 36 XI. SUSPENSION OF ELECTRIC SERVICE CONTRACT 37 XII. BILLING PERIOD 37 XIII. ESTIMATED BILLING 37 XIV. EQUALIZED PAYMENT PLAN 37 XV. FINAL BILLING 37 XVI. OPTIONS IN BILL PAYMENTS 37 XVII. CREDIT POLICY 37 XVIII. RETURNED CHECKS & RETURNED ELECTRIC FUNDS TRANSFERS 38 XIX. MEDICAL HARDSHIP POLICY 38 XX. ELECTRIC SERVICE RE‐CONNECTION; FEE; ARREARAGE 38 XXI. COMPLIANCE 39 XXII. METER READINGS 39 XXIII. BILLING CHANGES 39 XXIV. CHOICE OF SERVICE CLASSIFICATIONS 39 XXV. CHANGING SERVICE CLASSIFICATIONS 39 XXVI. CITY ASSISTANCE 39 V

CITY OF DOVER PUBLIC UTILITIES DEPARTMENT ELECTRIC SERVICE HANDBOOK 1. GENERAL I. GENERAL INFORMATION 1. This Handbook is issued as a reference and contains the rules and regulations regarding the requirements, policies, and procedures between customers, contractors, architects, engineers, and the City of Dover Public Utilities Department. The City has the right to change, modify, or charge for services not normally performed to protect the interest of the City and the rate payers. 2. There shall be an Electric Division under the general supervision and authority of the City Manager who shall superintend and have authority over the Electric plant, Electric Distribution System and their appurtenances. 3. The City will endeavor to cooperate in every way in completing service connections as promptly as possible and will give special attention to unusual problems which may confront the customer, contractor, architect or engineer. The City reserves the right to change service requirements where non‐standard circumstances exist. 4. Observance of the requirements contained herein will enable the City to render prompt and satisfactory service. Assistance in the interpretation or clarification of these requirements may be obtained by contacting the City at 302‐736‐ 7070. 5. These requirements do not replace, but are supplemental to, the ordinances adopted by the Dover City Council, your elected officials which set the policy for the City of Dover Public Utilities. 6. The City shall not be liable for damages resulting from the presence of electric current associated with the City's equipment on the customer's premises, or from the use of electric service of the City by the customer. 7. The City may from time to time supplement, alter or otherwise change the policies contained herein as may be necessitated by changing conditions, for the protection of the interest of the customer, the City or the general public. It will be the responsibility of the contractor, electrician, developer, etc., to obtain and keep current their copy of this handbook. 8. The standard electric service supplied by the City is alternating current with a nominal frequency of 60 hertz (cycles per second). 9. As the voltage, number of phases and type of metering which can be supplied depends upon the City's facilities available at or near the customer's location, the CUSTOMER SHALL CONSULT THE CITY ELECTRICAL ENGINEERING DIVISION before proceeding with the purchase or installation of wiring or equipment. 10. THE CITY DOES NOT GUARANTEE CONTINUOUS ELECTRIC SERVICE AND WILL NOT BE LIABLE FOR ANY LOSS, COST, DAMAGE OR EXPENSE TO ANY CUSTOMER OCCASIONED BY AN INTERRUPTION, LOSS OF PHASE OR PHASE REVERSAL IF DUE TO ANY CAUSE BEYOND THE REASONABLE CONTROL OF THE CITY. ­1‐

11. When it becomes necessary to make repairs to or changes in the City's electric system the City may suspend the delivery of service for such periods as may be reasonably necessary without incurring any liability because of such service interruption. However, when possible the City will make every reasonable effort to schedule such repairs and changes with its customers. 12. The customer is responsible for trimming trees on private property to provide necessary clearance for electric service drops. This should only be done by qualified persons familiar with this type of work. The City will assist removing tree limbs which have broken and are lying on the service drop upon request. 13. In all cases where new installations or alterations or additions to existing installation are to be made, the City Electric Engineering Division must also be consulted with regard to the size and character of the anticipated electric load so that Engineering may advise the customer about the electric facilities available at their specific location. These consultations are distinctly advantageous to the customer or representatives so that errors in equipment ratings and any deficiency in electric service capacity available at a given location may be avoided. Advance consultation may also avoid unnecessary additional expense or delays on the part of the customer or their contractor. 14. Furnishing electric service to a prospective customer is necessarily dependent upon the ability to obtain adequate rights‐of‐way and/or easements for this purpose from the customer. 15. Service entrance, meter and wiring on temporary installations shall be installed in the same manner as for permanent installations. ­2‐

DEFINITIONS Terms used in this document shall have the following meanings: 1. APPROVED, when referring to an customers electrical installation, shall have met the requirements of an authorized inspection agency. "Approved" when referring to equipment or material, shall have met the standards of a recognized laboratory, or a standard/design recognized by the City of Dover. 2. CITY, as used throughout this handbook refers to the City of Dover Public Utilities Department – Electric Division. 3. CONDUCTOR – SERVICE, shall mean overhead or underground electric conductors and appurtenances located between the last pole or underground terminal of the City's electric power conveyance system and the point of connection with the customer's electric wiring. 4. CUSTOMER, is used to designate either the present or the prospective user of the City's electric service. 5. ELECTRIC APPARATUS shall mean any condenser, conductor, transformer, adapter, electrical generator, electrical appliance or any article through which or by means of which electricity is carried, consumed or created. 6. ELECTRIC DEPARTMENT shall mean that Department of the City of Dover authorized by Section 25 of the Dover Charter (1961) that supplies electric power to the City and its inhabitants and certain other customers. 7. ELECTRIC WIRING shall mean any wiring which, at any time, is used to conduct electric current or energy. 8. GENERAL MASTER ELECTRICIAN, shall mean a person engaged in the business of, or holding himself out to the public as engaged in the business of installing, erecting and repairing, or contracting to install, erect or repair, electric wire or conductors to be used for the transmission of electric current for electric light, heat or power purposes, or moldings, ducts, raceways or conduits for the reception or protection of those wires or conductors, or to electrical machinery, apparatus, devices or fixtures to be used for electric light, heat or power purposes, or planning, estimating or laying out and supervising that electrical work as licensed by the State of Delaware. 9. GROUP METERING, refers to those meter installations at multiple occupancy buildings where the individual meters for the several customers are arranged in a bank or grouping in the same area, and are energized from the same service point. 10. INSPECTION AGENCY means the person or agency duly authorized by the City of Dover and licensed by the State of Delaware to make such inspections. The City will render service only after receipt by the City of a notice of approval issued by a recognized inspection agency. 11. MASTER ELECTRICIAN LIMITED, typically shall mean any person engaged in house wiring, limited to no more than four (4) family dwelling as licensed by the State of Delaware; however, please refer to the State of Delaware for current definition. 12. NATIONAL ELECTRICAL CODE (N.E.C.) ‐ Latest Edition shall mean the National Electrical Code suggested for adoption by the National Fire Protection Association. 13. NATIONAL ELECTRICAL SAFETY CODE (N.E.S.C.) ‐ Latest Edition, shall mean the National Electrical Safety Code approved by the American National Standards Institute (ANSI). ­3‐

14. NON‐RESIDENTIAL, shall mean a place of business, public service, utility service, private service, lighting service, apartment home, apartment building, condominiums and any other service not installed to feed an individual residence. All services shall be individually metered. 15. PRIMARY SERVICE, defined as conductors and equipment rated for voltages greater than 750 volts. 16. RESIDENTIAL, shall mean a structure, dwelling or home in which one (1) electrical service is run to feed an individual customer. 17. SEASONAL ELECTRICAL SERVICE shall mean electric service required for a period of less than one (1) year at a permanent location or at the same location annually for a season of the year. 18. SERVICE, has several meanings, depending upon its contextual use. a. It may be used as a general reference to the supply of energy by the City for the use by the customer. b. It may refer to the conductors which physically connect the utility lines and the customer's electric facilities. These may be primary or secondary voltage, and overhead or underground. When underground, the service is generally called an "Underground Service". When overhead, the service is generally called an "Overhead Service". c. It may mean the actual physical tie, or the act of making that physical tie between the City's distribution or service conductors and the customer's electric facilities. This is more generally known as a "Service Connection". 19. SERVICE ENTRANCE, refers to the customer owned cable/equipment (generally conductors, overhead and underground conduit, and meter socket) which is located between their service connection and the service receiving equipment (main switch, distribution panel, load center, etc.). 20. STARTING CURRENT, when this term is applied to a motor or other electrical device, means the maximum current per phase drawn by the motor or device. 21. UNDERWRITERS OR MIDDLE DEPARTMENT shall mean the Middle Department Association of Fire Underwriters. 22. UNDERWRITERS LABORATORIES, INC., shall mean the Underwriters Laboratories, Inc., 207 East Ohio Street, Chicago, Illinois 60611. ­4‐

SUPPLY VOLTAGES 1. In this Handbook, all references to voltages are standards or nominal voltages and actual voltages supplied may vary above or below these values within the limits prescribed by accepted good practice and the regulatory authorities having jurisdiction. Generally, voltage should stay within plus or minus ten percent of nominal voltage. The City may specify the voltage and the minimum and maximum load that it will supply at any particular voltage. The Customer is responsible for using appliances of the correct voltage rating (240V motors are not to be used with 208Y/120 volt). 2. Not all types of electric service listed below are available at all locations. Subject to limitations, the class of secondary electric service available, with the nominal voltages are: CLASS OF SERVICE Single‐phase 3 wire 120/240 volts Three‐phase 3 wire 480 volts Three‐phase 4 wire 208Y/120 volts Three‐phase 4 wire 480Y/277 volts 3. Existing 120/240 volt Three Phase services will be maintained until such time the service is upgraded, changed or disconnected. 4. Primary electric service also may be available at 12470/7200 volt dependent upon location and size or type the load to be served. Such electric service may be made available under suitable contractual arrangements, as determined by the City under the applicable electric service ordinances, rules and regulations, and electric tariffs approved by City Council. INSPECTIONS 1. All new wiring and equipment, or changes in wiring and equipment, must be installed in accordance with the latest edition of the National Electrical Code (N.E.C.) and the City's requirements in order to be approved for connection to the City's electric system. 2. The City will render electric service from its distribution system to the new facilities of a customer only after receipt by the City of a notice of approval issued by a State of Delaware recognized electrical inspection agency. 3. Any changes in or additions to, the original wiring and equipment of the customer shall be subject to the requirements stated above. 4. The City may refuse to render service to a customer where it has knowledge of, or reason to believe, that the customer's wiring or equipment does not comply with recognized requirements. The City shall be under no obligation to inspect the wiring and equipment of any customer. 5. Inspections, when made by the City, are to insure compliance with its own requirements and to cooperate with customers, contractors, architects and engineers. The City does not assume the responsibility for the customer's wiring or ­5‐

equipment or for any loss, injury, or damage that may result from any defects that may exist in the customer's wiring or equipment. 6. The City will issue an inspection wavier only for an existing service and will only be issued to the owner or approved licensed electrician. Waivers will only be issued when the City determines the connection is an emergency. Waivers must be cleared through a follow up inspection within 15 calendar days. If the wavier is not cleared within 15 calendar days, the service will be disconnected. II. SERVICES AND EXTENSIONS EXTENSIONS The City of Dover will extend and maintain the service to a point of connection determined within the service classification. Extension materials will be provided only by the City of Dover. 1. Residential Overhead ‐ The city will extend its system to the service mast or service drop attachment; 2. Residential Underground ‐ The city will extend its system to the meter enclosure; 3. Commercial Overhead ‐ The customer will be responsible for the service to the nearest point of connection, generally at or near the property line; 4. Commercial Underground ‐ The customer will be responsible for the service to the nearest point of connection, generally at or near the property line. EXTENSIONS – RESIDENTIAL AND NON‐RESIDENTIAL Extensions underground & overhead (overhead only allowed under special circumstances with final determination and approval, solely determined by the City) will be designed by the Engineering department to the point of ownership designated in the service classification. Service point locations will be determined by the City and the City will extend the service to the designated point of connection. Non‐residential – The owner/developer shall supply and install all conduits per City of Dover design and standards. The Owner/Developer will be responsible to pick up and install all below grade equipment, pads and pedestals per the City of Dover specifications. The owner/developer will be responsible for 100% of the material/equipment cost; however, the City will continue to own and maintain this equipment. The City will not accept or install any materials supplied by the contractor or customer. Residential developments having more than one home will have a set fee determined annually based on 100% material costs for a City determined average development. The Developer will be responsible to supply and install all conduits per City of Dover design and standards. The developer will be responsible to pick up and install all below grade equipment, pads and pedestals per the City of Dover specifications. Current fee for developments having more than one (1) home is $1100.00 per lot. Single residential homes not part of a group development shall supply and install all conduits per City of Dover design and standards. The Owner/Developer will be responsible to pick up and install all below grade equipment, pads and pedestals per the City of Dover specifications. The owner/developer will be responsible for 100% of the material/equipment cost. ­6‐

SERVICES – RESIDENTIAL AND COMMERCIAL All new services will be installed underground to the City’s designated point of connection. Any upgrades, alterations, or changes being made to an existing overhead service may require the owner at their expense to bury the overhead lines to underground. NO service shall be tampered with in anyway. Customers may request to have the service disconnected or request to have the meter seal removed by a qualified electrician to make repairs on the customer owned facility. Any changes or repairs that require the neutral of the service to be broken will require an electrical inspection. All services must be in accordance with latest version of NEC and NESC. Should an existing service require a service mast, the following will apply. Service masts of galvanized steel conduit or other metal masts of equivalent strength may be used. Minimum size acceptable is 2 inch galvanized rigid conduit and shall normally be limited to a height of 3 feet above the roof without guying, for up to a 200 amp service. The attachment for the overhead service shall be supplied by the customer/contractor. Service drop wires should be installed over buildings and roofs as per N.E.C. No service drop will be installed over a swimming pool. MOBILE HOME PARKS All applicable provisions of this Article shall apply to electric service in mobile home parks. Mobile home park operators shall comply with this handbook. Since July 1, 1982, all mobile home parks shall not be installed under a “single meter” service classification which means they are prohibited from reselling electric power. All mobile homes must also conform to the N.E.C. regulations for mobile homes, and any changes necessary will be at the expense of the owner. The mobile home park operator is responsible for contacting the City for the design of the electrical distribution system at the mobile home park so as to permit the delivery of energy through individual meters to each mobile home tenant. The City will supply all facilities as required up to and including the meter socket pedestals. The location of the meter sockets will be determined by the City Electric Engineering Department. For the purpose of calculating fees, mobile homes will be classified as primary extensions – non‐residential and will be billed at 100% material costs. III. LIGHTING SECURITY LIGHTS Un‐metered security lighting will be installed by the City and billed at the appropriate tariff rate. Such lighting will be installed on existing City poles or lighting service poles may be installed on public or private property by the City as per the City's lighting policy. Pole and light type will comply with the current City policy. Customers who apply to have a security light installed accept a two (2) year minimum contract with the City of Dover. If at any time the contract shall be terminated within the two (2) year contract, the complete installation and removal cost of the light will be billed to the customer. Decorative and roadway poles are optional for security lighting in residential areas at the appropriate tariff rate. Decorative and roadway poles require a five (5) year minimum contract. If at any time the contract shall be terminated within the five (5) year contract period, the complete installation and removal cost of the light will be billed to the customer. ­7‐

Lighting types and styles may be changed without notice. If the current type/style is no longer a City standard a suitable replacement of similar size and style will be installed by the City and the appropriate rate will apply. STREET LIGHTS 1. Existing City maintained or Annexed Streets a. City residents must submit a request for street lighting to the Electrical Engineering Department. b. A determination is made of the amount of lights required, the cost of installation and operations, and a decision is made concerning the need for street lighting based on standards for roadway lighting. 2. New Developments (Streets) a. The Electrical Engineering Department designs and furnishes to the developer the layout plans and specifications for the lights. The plans will be submitted to the developer along with the electrical extension plans. b. The developer is responsible for the installation of these lights and conduits according to the plans and specifications, and guarantees their operation or the City will install the lights for a set cost. The cost will be routinely re‐evaluated and changed to cover 100% of the material cost. 3. Developments Outside of City or Private Streets a. Residents must submit a request for street lighting to the Kent County Engineering Department or the State of Delaware Department of Transportation. b. A determination is made of the amount of lights required; and both parties shall agree to the design before construction begins. The same tariffs apply as security lighting with minimum two (2) year or five (5) year minimum contract based on the style of light. IV. MOTOR PROTECTIVE DEVICES All motor protection devices shall be installed and maintained by the customer. All motors, single or three‐phase, shall contain devices that will protect the motor and circuit against overload or short circuit. Refer to the N.E.C. for motor protection details. Motors equipped with reduced voltage starters than cannot be safely subjected to full voltage at starting shall contain a device to insure that, on the failure of the supply voltage, the motor will be disconnected from the line and the starter returned to the "off" position. To prevent unnecessary shutdowns, it is recommended that this starter be equipped with time delay feature to prevent the starter from dropping out and to permit the motor to continue to operate during a momentary voltage change. The direction phase rotation and the continuity of all three phases of the alternating current supply are carefully maintained; however, the City cannot guarantee against accidental or temporary change or failure thereof. Therefore, motors or other apparatus requiring unchanged phase rotation or continuity of three‐phase supply shall be equipped, by the customer, with suitable three‐phase protection against reversal or phase failure. ­8‐

V. GENERATORS The City must always be consulted concerning the installation of any emergency electric generating equipment. IN ALL CASES OF EMERGENCY STANDBY GENERATION (NON‐COGENERATION) A DOUBLE THROW SWITCH SHALL BE INSTALLED BETWEEN THE GENERATOR AND THE CITY'S SUPPLY AS PER N.E.C. Cogeneration equipment is subject to the rules and regulations contained in the Interconnection Agreement. VI. POWER FACTOR CORRECTION Attention is called to the desirability and importance of maintaining the power factor of any load as near unity as possible. The maintenance of a high power factor will increase the capacity of conductors and equipment, increase overall efficiency, and will decrease operating costs for those customers whose rates contain a Power Factor Clause (see applicable Electric Tariff). Where large motors are to be installed, consideration should be given to the use of capacitors to improve the power factor. VII. CUSTOMER‐OWNED TRANSFORMER Where a customer is to receive primary metered service and the transformers and protective equipment are customer owned; such transformers and protective equipment shall comply in all respects with the N.E.C., City specifications and any other applicable standard/regulation. Maintenance and operation are the responsibility of the customer. VIII. SUBSTATIONS The City shall always be consulted and the City shall approve the facilities prior to the completion of the plans. For example this approval may include the design, location and construction of customer‐owned substations. Any expense related to the interconnection of the substation shall be borne by the substation owner. IX. SENSITIVE ELECTRONIC EQUIPMENT Sensitive electronic equipment (computers, industrial process controller, etc.) should be protected from electrical noise, power surges, and related disturbances through the customer installed equipment. X. PRIMARY CUSTOMER A primary customer is one who owns and maintains all primary cables, wires, transformer(s), secondary cables, and all associated equipment on the load side of the metering point. The City will provide and install all metering equipment at the customer’s expense. The exact location will be determined by the City. 1. Overhead: The metering installation will be located at or near the property line (metering point). The point of attachment (demarcation point) is defined as the load side of CT; the City will make this connection. 2. Underground: The metering installation will be located on a riser pole, or underground metering cabinet, at or near the customer's property line (metering point). The City shall determine the type of installation. On pole mounted metering installations, the point of attachment (demarcation point) is defined as the load side of CT and the City will make this connection. On underground, the point of attachment (demarcation point) will be the elbow inserts and the customer will install and terminate the customer owned cables. ­9‐

XI. TEMPORARY ELECTRIC SERVICE Temporary installations, temporary metering, or other service of short duration shall be made at the expense of the customer with charges based on the materials, labor, and equipment required to install and remove the City supplied electrical equipment. A deposit in advance, sufficient to cover estimated construction and removal expenses and energy used, may be required. 1. Temporary service is service ordinarily not recurrent in nature, required for temporary structures or locations for a period of normally less than one year. 2. Temporary service will be rendered only when and where the City has the necessary facilities available to render the service applied for, without detriment to the service of other customers. 3. If extensions are required by the City, a credit will be issued for material returned in first class, usable condition as determined by the City. 4. All temporary service locations will be designated by a City representative. 5. No temporary service installation shall be moved while the City's service is attached. 6. Service wire, meters and other City equipment shall not be connected or disconnected by persons other than employees of the City. 7. A State of Delaware electrical inspection shall be required prior to the City energizing the service. 8. All equipment, except the meter, shall be furnished and installed by the customer/contractor. OVERHEAD 1. A pole or timber to which the City attaches a temporary overhead service for supplying a service shall be supplied and erected by the customer/contractor and shall meet the City's minimum requirements as outlined below. 2. If the City's service will cross a public street or highway, the support must be a treated pole of Class 6 or larger (Class 6 pole has a minimum circumference around the top of 17 inches) and meet minimum road clearances as required by the N.E.C. If the service will not cross a public street or highway, the support may be either a treated pole or timber. If a timber is used it shall be structural grade fir or pine with a cross section not less than nominal 6 inches x 6 inches. Three (3) 2 x 6's are acceptable. The service shall meet the minimum height requirements as per N.E.C. 3. The pole or timber shall have inherent strength or be adequately guided to support the service conductor. Braces ( as a minimum, are to be 2 inch x 4 inch lumber well spiked to the pole or timber at least ten (10) feet above ground and to solidly driven 2 inch x 4 inch stakes. 4. Temporary services will normally be three‐wire, 120/240 volts and limited to one span not more than 100 feet provided proper clearance can be maintained. ­ 10 ‐

UNDERGROUND When a customer requires a temporary service from an underground distribution system, the pole or timber with service equipment, shall be installed by the customer/contractor and shall meet the requirements in Sections 1 thru 6 below. 1. The support shall be a treated pole or structural timber with a cross section of not less than (nominal) 4" x 6" or 2" x 12". 2. The pole or timber must be of sufficient length to be installed in the ground far enough to make the support sturdy against accidental damage‐approximately 30 inches. 3. The pole or timber must be at a location specified or approved by the City and will normally be located from five(5) to ten (10) feet from an existing pad mounted transformer, secondary pedestal, or splice box. 4. The contractor will provide conduit down the pole or timber from the meter socket to a distance approximately eight (8) inches below grade and enough underground cable to reach the City's transformer or splice box. The contractor must dig the trench from the support to within three (3) feet of the City's facility at a minimum depth of 24 inches. 5. Underground conductors shall have sufficient length to make connections to terminals in the secondary compartment of the transformer or pedestal. Minimum cable size will be #2 Aluminum. 6. Temporary services will normally be three‐wire, 120/240 volts. XII. RIGHTS‐OF‐WAY Any applicant requesting electric service agrees to furnish, without expense to the City, a satisfactory right‐of‐way necessary for the erection, maintenance and operation of electric facilities, including the right to trim trees, bush or shrubs, or clear undergrowth as deemed necessary by the City. This right‐of‐way includes cables and equipment that may be installed for the service of contiguous or noncontiguous properties. The right‐of‐way shall remain in effect until the City agrees to abandon the right‐of‐way. XIII. ACCESS City employees have the right to enter the property at any time to inspect or repair the electric facilities; determine electric loads, and metering equipment. XIV. CONTINUITY OF ELECTRIC SERVICE LIABILITY AND NOTICE 1. CITY LIABILITY. The City does not guarantee continuous and uninterrupted electric service and shall not be liable for any loss, cost, damage or expense to any customer occasioned by any interruption, phase reversal or phase loss if due to any cause beyond the reasonable control of the City. 2. NOTICE OF TROUBLE. The customer shall promptly notify the City of any defect in electric service or of any trouble or irregularity to the electric supply. 3. PRE‐ARRANGED INTERRUPTION OF SERVICE. Whenever electric service is interrupted for work on lines or equipment, the work shall be done, as far as practicable, at a time that shall cause the least inconvenience to the customer. The customer to be affected by the interruption shall, if practicable, be notified in advance. ­ 11 ‐

4. RESALE OF ELECTRICITY PROHIBITED. The customer shall not directly or indirectly sell, sublet, assigned or otherwise dispose of any electric energy without the written consent of the City Manager. Purchase of electric energy in bulk for use by tenants located on the customer's property, when the cost to the tenant of the energy is included in the normal rental charge or occupancy of the premises, shall not be considered a resale. 5. ELECTRIC USE LIMITED TO CONTRACT PLACE AND PURPOSE. The City's electric service shall not be used for any purpose or in any place other than that stipulated in the customer's contract for electric service, except as written consent of the City Manager. 6. CAUSING ELECTRIC FLUCTUATIONS PROHIBITED; REMEDIES. Electric service shall not be used by the customer in a manner which shall cause unusual fluctuations or disturbances in the City's electric supply system. Should fluctuation or disturbance be caused by the customer, the City may discontinue the electric service and require the customer to modify the installation or install approved controlling devices, or both. 7. DUTY TO REPAIR OR REMOVE COMMUNICATION INTERFERENCE DEVICE. It shall be unlawful and a nuisance for any person to operate any motor or other electrical device which shall cause interference with communication reception more than ten (10) days after receiving notice from the City Manger, or designee, of the interference. 8. CUSTOMER LIABLE FOR ELECTRIC WIRE AND APPLIANCE DAMAGE TO PERSONS AND PROPERTY. The City assumes no responsibility for any damage done by, or resulting from, any defect in the electric wiring, apparatus, fixtures or appliances of the customer. In the event that any loss or damage to City property or any accident or injury to persons or property is caused by or results from the negligence or wrongful act of the customer, their agents or employees, the cost of the necessary repairs to or replacement of City property shall be paid by the customer to the City any liability otherwise resulting shall be assumed by the customer. 9. CITY LIABILITY LIMITED. The City shall not be liable for damages resulting from the presence of electric energy on the customer's premises, or from the use of the City electric service by the customer. XV. CITY'S RIGHT TO DISCONTINUE ELECTRIC SERVICE AND NOTICES The City reserves the right to discontinue electric service without notice for the following reasons: 1. Without Notice. The City may discontinue electric service without notice for the following reasons: a. Supply Emergency. For regional or local shortages or interruptions in the City's source of electric supply or in other cases of emergency. b. Unsafe Conditions. Whenever an unsafe condition is found to exist on the customer's premise that is related to or would be affected by the presence of electric energy. i. Fraud or Abuse. To protect the City from fraud or abuse. ii. Canceled Electric Contracts. Upon the cancellation of electric service agreements. iii. Overloading conditions of the City owned transmission/distribution network or other emergencies. ­ 12 ‐

c. With Notice for Failure to Repair, Violation of Article, or Non‐payment. The City may discontinue service to a customer upon a determination by the City Manager, or designee, that the Notice of Termination is correct or that the customer has waived his right to dispute the Notice of Termination for the following reasons. i. Failure to Repair. Failure to repair conditions having a detrimental effect on the City electric service or safety of the customer or public. ii. Violation of Article. For violation or noncompliance with this Electric service handbook, Federal, State, or Local rules and regulations, the appropriate service classification or an electric service contract. iii. Non‐payment. The City may discontinue service to a customer for nonpayment of electric bill upon a determination by the City Manager, or designee, following the regulation as adopted by the City which may follow the guidelines as adopted by the Public Service commission of the State of Delaware. XVI. SUSPENSION OF ELECTRIC SERVICE CONTRACT If, by reason of any act, neglect or default of a customer, the City's electric service is suspended or the City is prevented from supplying electric service in accordance with the terms of any electric service contract it shall have entered into, the minimum charge for the unexpired portion of the electric service contract term shall become due and payable immediately as liquidated damages in lieu of the anticipated returns from the electric contract. XVII. RELOCATION OF ELECTRIC FACILITIES Any alterations, changes or relocations of the City‐owned electric facilities, when requested by the Customer, shall be made by the City and the cost paid by the Customer. Customer participation may be required. In the event the City shall be required by any Public Authority, or at the City’s discretion, to place underground or relocate any portion of the City's facilities, the City at their expense shall make the necessary changes in the location of the point of delivery. XVIII. RIGHT TO REMOVE CITY'S EQUIPMENT All meters, instrument transformers or other service equipment supplied by the City shall remain its exclusive property. The City shall have the right to remove all its property from the premises of the Customer at any time after the termination of service, regardless of the reason for such termination. XIX. CITY'S RIGHT TO INSPECT The City shall have the right, but shall not be obliged, to inspect any installation before electricity is provided or at any later time. The City reserves the right to reject any wiring or appliances not in accordance with the City's standard requirements; but such inspection, or failure to inspect, or to reject, shall not render the City liable or responsible for any loss or damage, resulting from defects in the installation, wiring, or appliances, or from violation of City Rules, or from accidents which may occur at the Customer premises. ­ 13 ‐

XX. DEFECTIVE INSTALLATIONS If at any time the wiring, fixtures or appliances of the Customer are found to be defective or dangerous by a City's Representative, service may be refused or discontinued until the Customer has the condition corrected. The City's undertaking extends only to the supply of service at the point of delivery. XXI. SERVICE DISCONNECTED DUE TO FIRE, WATER, STRUCTURAL OR SIMILAR INCIDENT When a meter has been removed from a service by the fire department, first responder, or other authorized parties, the owner must provide an electrical inspection from a State of Delaware electrical inspection agency stating that the service is acceptable for use before the City will reconnect the service. ­ 14 ‐

2. ELECTRIC METERS All electric meters are owned, installed and maintained by the City of Dover. Only City installed sealing/locking devices may be used to secure meter sockets, metering cabinets, transformers, or any City owned equipment. In no case, will a locking device be installed by the customer to prevent access to meter sockets or City owned equipment. The use of jumpers is forbidden. I. CITY RESPONSIBILITY The responsibility of the City of Dover will be the supply of a kilowatt hour/kvar/kw meter (as determined by the City), all associated instrument metering equipment, and determine the location of said equipment. II. CUSTOMER RESPONSIBILITY The customer will be responsible for all wire ways, weather heads, disconnects, entrance cable, conductors, meter sockets, enclosures, connectors, conduits and all associated equipment.  On overhead installations the customer is responsible to and including the service wire attachment (City’s service) weather head, service cable, meter socket, and all associated equipment.  On underground installations the customer is responsive for the conduit, meter socket, and all associated equipment. The customer must allow access to any City employee, or representative, at any and all times. III. ELECTRIC SERVICE CONTRACT A service contract is required in order to receive electric service from the City. An application form must be completed and approved to engage in a contract for service. This Handbook and any Rules and Regulations adopted by the City shall be part of every contract for electric service and shall govern all classes of service unless otherwise stated by a service classification. IV. METER LOCATION The preferred location (the City reserves the final determination) for new meter installations will be on the outside of the building and will be at a point that is accessible at all times. Meter must be located on the individual’s property and comply with the NEC. Older metering installations that are inside a building or enclosure must be in a clean, well lit, safe, unobstructed location free from vibration, the locations shall be accessible from the outside for meter reading, meter testing, maintenance, and inspection purposes. If the access point is locked, codes, combinations or a minimum of two (2) keys to locks must be provided (one for the Metering Department and one for the Meter Reading Department). ALL METER LOCATIONS MUST BE APPROVED BY THE CITY. V. METER SOCKET REQUIREMENTS All meter sockets will accept blade type meters; bolted type meter sockets are not acceptable. In all cases the meter socket and required metering equipment will be supplied by the applicant. ­ 15 ‐

Sockets must be installed so that the top of the meter will not be more than six (6) feet nor less than four (4) feet above the finished grade. It will be the responsibility of the contractor/owner to determine finished grade. A minimum horizontal clearance of three (3) feet, a vertical clearance of eight (8) feet and a minimum depth of three (3) feet will be provided in front of the meter socket/enclosure, and in no case will the clearances be less than required to fully open doors/covers of meter sockets and/or instrument cabinets. In cases of group metering, the contractor will supply multiple meter socket devices in any combination. However, they must be installed so that the height of the lowest meter centerline cannot be less than 40” and the highest meter centerline cannot be higher than 72” above final grade. The multi‐ meter devices will be at a location and type approved by the City. The contractor will install the meter mounting devices and underground conduits, or overhead mast if applicable. If access to the base of the metering unit is restricted because of concrete or other covering material, the conduit will be extended to a point outside the covering material at no expense to the City. Group metering having services greater than 400 amp self contained sockets must have a means of disconnect for each individual service. The meter socket for Residential services will be placed on the side of the house that is nearest to the City supply point. The meter socket will be placed on the front or on the side of the house within ten (10) feet of the front corner of the house. Multi‐dwelling homes with individual property ownership shall have the meter installed on the customer’s property. When home structure design does not allow for electrical facilities to comply with NEC requirements, individual meter sockets on pedestals’ may be acceptable; prior approval from the Electric Engineering Department is required. These meter sockets will be provided, installed, and maintained by the customer. The customer will, in all cases, furnish and completely install suitable wiring within the meter socket to permit the City to install the meter without any additional materials other than the meter. Replacement of the meter socket is required if the locking mechanism or if the meter socket is no longer functional or safe. ** The meter socket for Small and Medium Commercial services, service size up to 400 amp Wye ‐ 400 amp Delta, single phase or three phase, will be located on an outside wall agreeable to the City and the customer. These meter sockets must have a lever type bypass and will be provided, installed, and maintained by the customer. The customer will, in all cases, furnish and completely install suitable wiring within the meter socket to permit the City to install the meter without any additional materials other than the meter. Replacement of the meter socket is required if the locking mechanism or if the meter socket is no longer functional or safe. ** For Large Commercial services, greater than 400 amp Wye ‐ 400 amp Delta, single phase or three phase, a CT metering installation is required. The City will supply all metering equipment (CT’s, meter socket, CT cabinet, metering conductor conduit) and the customers will be responsible for this expense. If the metering installation is mounted on the building, the customer will be responsible for the mounting of the meter socket(s), CT cabinet, and installation of any necessary meter conductor conduit. An overhead installation may be mounted on a pole located at or near the property line and the City will install all the metering equipment at this point. Metering equipment for underground services will be installed either on the building, on the transformer, or other City approved locations. ** On Primary services, single phase or three phase, the City will provide and install the meter socket and the customer will be responsible for this expense. ­ 16 ‐

** On any existing service where any type of changes are being made to the building, such as but not limited to, renovations, building additions, or a service upgrade or downgrade and if the metering is currently located inside the building, it must be moved to a point outside the building if physically possible. If any type of construction will be erected, concreted, or paved that would enclose or somehow block access to the meter, the meter must be relocated to an accessible location. VI. 480 VOLT SPECIFICATIONS Due to safety concerns, all new or existing services reassigned to the City for maintenance, will have a disconnect installed at a point before the meter socket. If the service is customer owned and there is no disconnecting means to ensure the safety of personnel, an outage must be scheduled to perform work on the meter. It is the owner/customer/ electricians responsibility to schedule/coordinate the outage with the customers and with the City. The City requests 24 hours notice when possible to assist with the outage. A disconnect must then be installed before the service is re‐energized. VII. METER SOCKET MOUNTING It is necessary that the meter socket is carefully and rigidly attached to the customer’s structure or building also ensuring that it is plumb and level. For safety reasons, this attachment must be maintained by the customer. It is the customer’s responsibility to keep the meter socket firmly attached to the mounting surface. VIII. METER AND METER SOCKET ACCESSIBILITY This location will not be inhibited by any type of foliage, trash, wood, or other materials. See "METER SOCKET REQUIREMENTS" for clearances. IX. METER SOCKET IDENTIFICATION Any building that has more than one meter the customer/contractor must identify the individual meter sockets. A permanent marking must be made both on the inside and outside of the meter socket. A magic marker, piece of tape, sticky notes, pencil marking, etc. are not acceptable for identification. Examples of identifications are as follows: Apt. A, Apt. B, Apt. C; Unit 1, Unit 2, Unit 3; 101, 102, 103; upstairs, downstairs. Meters will not be set unless the permanent marking has been done. It is not the City’s obligation or responsibility to confirm this marking. X. METER TAMPERING TAMPERING WITH CITY ELECTRIC EQUIPMENT PROHIBITED; LIABILITY. Tampering Prohibited. It is unlawful for any person except a duly authorized representative of the City to make any temporary or permanent connection or disconnection between the electric service load and the City’s distribution system. Additionally, it is unlawful to set, change, remove, tamper, or interfere with or make any modifications to the City’s meter. The City is not liable for any injury or damage as a result of this unlawful activity. Customer's Liability for Tampering. In the event that the City's meters or other property are tampered or interfered with, the customer receiving service through that equipment shall pay the amount which the City estimates is due for ­ 17 ‐

electric service, but not registered on the City's meter, for any repairs or replacements required, and for changes in the customer's installation that the City may require. The City may file Criminal or Civil charges against the responsible party and the customer is subject to arrest for tampering and/or theft of service. Before the service can be re‐energized, all repairs must be made with inspections obtained and full payment for all monies owed the City must be made, including any additional security deposits that may be required. In cases where it cannot be determined who was being supplied, the owner of the property may be held responsible for the tampering/theft. In some instances, the meter seal and customer service entrance equipment may be disconnected only by licensed electrical contractors and only with PRIOR APPROVAL FROM THE CITY. If approval is not previously obtained, the established service charge will be charged to the contractor for cutting the meter seal and entering the service equipment without permission. Any additional instances may result in loss of City licensing and/or arrest for tampering. XI. INACTIVE METERS/METERS REMOVED FOR CAUSE Meters will be removed after being inactive for six (6) months. All services that have been de‐energized for more than six months will be inspected by a State of Delaware recognized electrical inspection agency prior to re‐ energizing. XII. TERMINATION WITH NOTICE When a condition is discovered by the City that is in violation of the articles contained in this Handbook, the customer will be notified in writing allowing him/her a reasonable amount of time to correct the condition. Some, but not all, of these conditions can include a loose meter socket, a rusted meter socket, an unattached entrance cable, nonfunctional locking mechanism, or any condition that exists whereby the customer can safely receive electric service. XIII. TERMINATION WITHOUT NOTICE When a condition is discovered by the City that in its opinion is unsafe/hazardous to people or property, electric service will be terminated without prior notice until the hazard is corrected. Examples of these hazards can include: a broken or cracked lug in the meter socket, evidence of arcing, frayed wiring or damage to electrical apparatus owned by the customer. XIV. METER TESTING All electric meters should be routinely tested by the City every 10 years. Should a customer desire to have their meter tested before its next scheduled test date and the meter is found to be correct within established tolerance as identified in this Handbook, the customer will be charged the established service fee. XV. METER ADJUSTMENTS A billing adjustment will be made when any of the following condition(s) exists:  A meter is tested and found to be in excess of four (4) percent fast/slow ­ 18 ‐

o A meter that tests fast – the City will either credit or refund the customer any amount equal to the excess kWh usage for a period not to exceed the three (3) previous monthly billing periods unless the time at which the error first developed or occurred can be definitively identified. In this case, the estimated kWh overcharged will be based on that date but will in no case be retroactive beyond a twelve (12) month period. In cases of a demand meter, kW will be adjusted in the same manner. o For a meter that tests slow – the customer may be charged any amount equal to the under‐registered kWh usage for a period not to exceed the three (3) previous monthly billing periods unless the time at which the error first developed or occurred can be definitively identified. In this case, the estimated kWh under‐ charged will be based on that date but will in no case be retroactive beyond a twelve (12) month period. In cases of a demand meter, kW will be adjusted in the same manner.  Stopped/jammed meter – for stopped meters, jammed registers or non‐functioning electronic meters, the customer’s consumption will be estimated based on the customer’s usage during similar periods. The estimate will cover only the period subsequent to the last recorded meter consumption.  Meter tampering and/or theft of service – the usage will be based on the recorded registration of the meter if it is determined that all illegal usage went through the meter. If the usage was not recorded through the meter, the usage will be estimated based on the consumption during similar periods. In cases that only part of the kWh usage passed through the meter, both metered and estimated usages will be used to calculate the total kWh.  Unauthorized overload – usages for unauthorized overloads will be for kWh/kW calculated on the equipment connected to the service. The cost of any City equipment damaged and personnel expenses to repair the installation will be billed to the customer. An additional charge may be assessed to upgrade the installation.  Inactive phase(s) polyphase meter – when a polyphase meter has been operating with an inactive element(s), failures that could be caused from lightning, failure, tampering, unauthorized overload, or other type damage, and has not registered the full consumption for any or all kWh/kVarh/kW, the City will estimate the usage for the unregistered energy. Back billing will be for a period not to exceed the three (3) previous monthly billing cycles unless the time at which the error first developed or occurred can be definitely identified. In this case, the estimated kWh/kVarh/kW undercharge will be based on that date but will in no case be retroactive beyond a twelve (12) month period. XVI. CHANGE OF INSTALLATION The customer will give immediate written notice to the City of any proposed substantial increase or decrease in, or change of purpose or location of the customer’s installation. The service connection, transformers, meters, and equipment supplied by the City for each customer have a maximum capacity and no additions to the equipment or load connected will be permitted except by the written consent of the City. Failure to give notice to additions or changes in load or location will render the customer liable for any damage to the City’s equipment. XVII. FEES/CHARGES Bills are due upon receipt. ­ 19 ‐

XVIII. INSPECTIONS AND ENTERING PRIVATE PROPERTY The City Manager, Building Inspectors, City employees, or their authorized representatives, shall have access at all times to the customer electric facilities for the purpose of inspecting, removing, repairing or changing any City property situated therein. XIX. RIGHT TO REMOVE CITY’S EQUIPMENT All electrical equipment maintained by the City will remain its exclusive property. The City shall have the right to remove all its property from the premises of the customer at any time after the termination of service regardless of the reason for the termination. ­ 20 ‐

3. TECHNICAL CONSIDERATIONS COVERING PARALLEL OPERATIONS Technical Considerations Covering Parallel Operations of Customer Owned Generation Of 500 Kilowatts or Less And Interconnected with the City of Dover System Effective January 1, 2008 Technical Considerations Covering Parallel Operations Of Customer Owned Generation of 500 Kilowatts or less and Interconnected with the City of Dover Delivery System ­ 21 ‐

Prerequisite – The customer must be in compliance with the tariff rules and regulations and the applicable tariff classification and rates. The terms and conditions contained herein are in addition to, but do not modify nor negate, the terms of the tariff. I. Purpose – This section was developed to clearly state the terms and conditions that govern the interconnection and parallel operation of on‐site distributed generation, in order to: A. Establish technical requirements which will promote the safe and reliable parallel operation of distributed generation resources; B. Enhance the reliability of electric service; C. facilitate the implementation and use of distributed resources technologies; D. Enhance economic efficiency in the production and consumption of electricity and other energy; and E. Promote the use of distributed resources in order to provide electric system benefits during periods of capacity constraint. II. Applicability ‐ Unless otherwise provided, these guidelines apply to all customer generation operating below 501 kilowatts which is interconnected at 34.5kV or below and operated in parallel with the City’s power delivery system. The technical requirements of Section XIV and subsequent sections of this document do not apply to NEM Rider Tariff generators using inverter technology, as requirements for these installations are already covered in the applicable codes, IEEE Standard 519, Recommended Practices and Requirements for Harmonic Control in Electrical Power Systems, IEEE Standard 929, Recommended Practice for Utility Interface of Photovoltaic (PV) Systems, NEC 690, Solar Photovoltaic Systems, UL 1703, Standard for Safety Flat‐Plate Photovoltaic Modules and Panels, and UL 1741, Underwriters Laboratories Subject 1741‐1999, Standards for Static Inverters and Charge Controllers for use in Photovoltaic Power Systems. III. Definitions A. Account – An account is one metered or un‐metered rate or service classification which normally has one electric delivery point of service. Each account shall have only one electric service supplier providing full electric supply requirements for that account. A premises may have more than one account. B. Company – City of Dover C. Customer – Any adult person, partnership, association, corporation, or other entity: (i) in whose name a service account is listed, (ii) who occupies or is the ratepayer for a premises, building, structure, etc., and (iii) who is primarily responsible for payment of bills. A customer includes anyone taking Delivery Service or combined Electric Supply & Delivery Service from the Company under one service classification for one account, premises or site. Multiple premises or sites under the same name are considered multiple Customers. D. Distributed Generation or On‐Site Distributed Generation – An electrical generating unit of less than or equal to 500 kW which may be connected in parallel operation to the Company’s system. E. Generator Owner – The owner of the generating system that is interconnected to the Company. ­ 22 ‐

F. Grid – The interconnected arrangement of lines and transformers that make up the Company’s electric power system. G. IEEE Standard 929 – IEEE Standard entitled Recommended Practice for Utility Interface of Photovoltaic (PV) Systems, P929 Draft 11, dated July, 1999, or subsequent approved revision thereof. H. Interconnection – the physical connection of distributed generation to the Company’s system in accordance with these guidelines so that parallel operation can occur. I. Interconnection Application – The standard form of application which must be submitted by the Generation Owner to the Company for permission to interconnect with the Company system. The approved Interconnection Application sets forth the contractual conditions under which the Company and Generator Owner agree that one or more generating units whose aggregate generation at the Point of Common Coupling is less than or equal to 500 kW may be interconnected at 34.5 kV or less with the Company’s system. J. Inverter – A static power converter with control, protection and filtering functions that converts Direct Current input to Alternating Current output. Inverters must be of the non‐islanding type. K. Island – A portion of the utility system which contains both load and distributed generation and is isolated from the remainder of the utility system. L. Parallel Operation – Any electrical connection between the Company’s system and the Generator Owner’s generating source. M. Point of Common Coupling – The point where the electrical conductors of the Company system are connected to the Customer’s conductors and where any transfer of electric power between the Generator Owner and the Company System takes place (such as switchgear near the meter). N. Pre‐Approved Equipment – Specific generating and protective equipment system or systems that have been approved by the Company as meeting the applicable parts of this document. O. Pre‐Interconnection Study – A study or studies which may be undertaken by the Company in response to its receipt of a completed application for parallel operation with the Company’s system submitted on the Interconnected Application form prescribed by these guidelines. Pre‐Interconnection Studies may include, but are not limited to service studies, coordination studies and facilities impact studies. P. Qualifying Facility (QF) – An electric generation facility which is a qualifying facility under Subpart B, Section 201 of the Federal Energy Regulatory Commission’s regulations per the Public Utility Regulatory Policies Act of 1978. Q. Stabilized – The Company’s system following a disturbance which returns to the normal range of voltage and frequency for at least 5 minutes or longer as coordinated with the Company. The Company may require a longer period upon a reasonable showing that the reconnection after 5 minutes will adversely affect the safety and reliability of the electric system. R. Unit – A distributed generation facility. ­ 23 ‐

S. Utility System or Electric Distribution Facility – Company’s distribution system operating at 34.5 kilovolts or below to which the generation equipment is interconnected. IV. Interconnection Application – A proposed Generator Owner will make a formal application to the Company for the interconnection of a generator to the Company system. The application will be made on an Application Form provided by the Company. V. Designation of Company Contact Persons for Matters Relating to Distributed Generation Interconnection – The Company’s Electric Engineering Department will be the designated point of contact for all matters related to interconnected generation. The Company will maintain records concerning applications received for interconnection and parallel operation of distributed generation. Such records will include the date of receipt of each such application, documents generated in the course of processing such applications, correspondence regarding such applications and the final disposition of such application. VI. Pre‐Interconnection Studies – In many instances the Company will wish to conduct a service study, coordination study, or facilities impact study prior to interconnection of a distributed generation unit. In instances where such studies are deemed necessary the scope of such studies shall be based on the characteristics of the particular distributed generation unit to be interconnected and the proposed point of interconnection. A. Completion of Pre‐interconnection Study – Upon completion of the interconnection study, the Company will notify the Generator Owner that his application has been approved or denied, if denied sufficient details will be provided on why the application cannot be approved. In no event shall the interconnection study take longer than 4 weeks to complete (after receipt of signed customer application and customer submittal of all required data). B. Pre‐interconnection Study Fee – The Company will do a pre‐interconnection study without charge for the typical and customary installation. If the cost to the Company is expected to exceed this typical and customary amount, or if multiple submittals by the Generator Owner are necessary, the Company will advise the Generator Owner of the expected cost of such study work by the Company before such work begins. The Generator Owner will be responsible for payment of all costs above the typical and customary amount. VII. Network Interconnection of Distributed Generation – Where generation is to be connected to a network system and capable of exporting power to the Grid, the interconnection study may result in more stringent interconnection requirements. VIII. Pre‐approval of Generation units, Devices and Systems – Upon approval by the Company that certain generating unit’s protective devices and/or system(s) meet the standards set out in these guidelines, such approval shall be made available to the appropriate manufacturer upon written request. For subsequent applications using some or all of the identical generating unit’s protective devices and/or systems, the manufacturer may submit a copy of the approval with the application as proof that its equipment has already been approved for use on the Company’s system. Use of pre‐approved equipment will not eliminate any applicable requirement for a pre‐interconnection study to determine the suitability of the equipment for each application, given the unique arrangements and characteristics of both the Generator Owner and Company systems at the point of the interconnection. IX. Connection Approval – The Generator Owner can connect their generation to the Company system only after the Interconnection Application has been approved and the Generation Owner has received approval notification. The ­ 24 ‐

Company will provide notification within four weeks after the receipt of the Interconnection Application and all required data. X. Interconnected Generation Site Warning Label – The Generator Owner will install a warning label in a conspicuous place on their electric meter or meter box to notify the Company personnel that there is a generator source installed on the load side of the meter. The warning label shall not be placed in a location that would not interfere with the ability of Company personnel to read the electric meter. The Company will provide the warning label to the Generator Owner. The warning label must be placed before the generation can be interconnected. XI. Disconnection and Reconnection The Company may disconnect a distributed generation unit under the following conditions: A. Application Termination – Upon termination of the approved Interconnection Application. B. Non Compliance – For non‐compliance with the technical guidelines specified in this document or other requirements contained in the applicable Customer Tariff, provided that the Company has given notice to the Generator Owner and provided the Generator Owner reasonable time (consistent with the condition) to correct such non‐compliance. The Company will reconnect the unit only upon receipt of certification from the Generator Owner and verification by the Company that the unit is in compliance. The Company will provide verification within a reasonable time period. C. In Case of a system emergency outage of the Company’s Primary Electrical Sources – The Generator Owner’s generation equipment must be installed and configured so that parallel operation must automatically cease immediately and automatically during outages or loss of the Company’s electric source in accordance with these guidelines. The Generation Owner must also cease parallel operation upon notification by the Company of a system emergency, abnormal condition or in cases where such operation is determined to be unsafe, interferes with the supply of service to other customers or interferes with the Company’s system maintenance or operation. In addition, the Company may disconnect the generator from the system for system emergencies without notice. However, the Company will use reasonable efforts to notify the Generation Owner prior to disconnecting. D. For Routine Maintenance and Repairs – The Company may disconnect a Customer/Generation Owner for routine maintenance and repairs on the Company’s system consistent with applicable tariffs and agreements. The Company will make reasonable efforts to provide advance notice to the Customer/Generation Owner of service interruptions resulting from routine maintenance. The Company will reconnect the Customer/Generation Owner as quickly as possible under reasonable operations constraints following any such service interruption. XII. Termination – The Generation Owner may terminate the approved Interconnection Application at any time upon thirty (30) days of providing written notice to the Company. The Company may terminate the Interconnection Application for cause after 60 days written notice to the Generator Owner of a material violation of the terms of the approved Interconnection Application and after the Generator Owner has had a reasonable opportunity to remedy the violation. The Generator Owner must give the Company notice that it intends to permanently shut down his generation. ­ 25 ‐

XIII. Privileged Communications Concerning Proposed Distributed Generation Projects – In the course of processing applications for parallel operation and in the conduct of pre‐interconnection studies, the Generation Owner shall provide the Company with detailed information concerning the proposed distributed generation project. The Company shall not use such knowledge of proposed distributed generator projects submitted to it for review to prepare competing proposals to the Generator Owner whereby the Company, or its affiliate, offers either discounted rates in return for not installing the distributed generation, or offers competing distributed generation projects. XIV. Technical Guidelines for Parallel Operation of On‐site Distributed Generation Units – This subsection describes minimum requirements and procedures for safe and effective connection and operation of distributed generation. A Generator Owner may operate 60 Hertz, three phase or single phase generating equipment, whether a QF or non‐ QF, in parallel with the Company’s system pursuant to an approved Interconnection Application provided that the equipment and Generator Owner meet or exceed the requirements of these guidelines or the NEM Rider Tariff requirements and that the Company has approved the Generator Owner’s application to interconnect. This subsection describes typical interconnection requirements. Certain specific interconnection locations and conditions may require the installation of additional protective hardware or special protection settings, especially when exporting power to the system. If the Company excludes that an application for parallel operation requires additional protective hardware or special protection settings, the Company shall make those requirements known to the Generator Owner within 14 days after all pertinent studies are completed. Approval to connect to the Company system indicates only that the minimum requirements for a safe proper interconnection have been satisfied. Such approval does not imply that the Generator Owner’s facility meets all federal, state and local standards or regulations. A. General Interconnection and Protection Requirements. 1. The Generator Owner’s generation and interconnection installation must meet all applicable national, state, and local construction and safety codes. 2. The Generator Owner’s generator shall be equipped with protective hardware and software designed to prevent the generator from energizing one of the Company’s de‐energized circuits. The Generator Owner’s generator must automatically disconnect from the Company’s system if the Grid source is lost, irrespectively of connect loads or other generators. 3. The generator shall be equipped with the necessary protective hardware and software designed to prevent sustained parallel operation of the generating equipment with the Company’s system unless the system service voltage and frequency are within acceptable magnitudes as defined in Section XIV.B. 4. Pre‐approved equipment shall be accepted as part of an interconnection proposal without the need to re‐review the equipment itself. However, the application, design and setting of pre‐approved units and/or equipment must be reviewed and coordinated according to the unique needs of the specific location of the proposed installation. Where a complete unit or system has been pre‐ approved, only location‐specific issues will typically need to be reviewed. 5. The Generator Owner will be responsible for protecting its own generating and interconnection equipment in such a manner so that Company system outages, short circuits, single phasing ­ 26 ‐

conditions or other disturbances including zero sequence currents and ferroresonant over‐voltages do not damage the Generator Owner’s generating equipment. The protective equipment shall also prevent excessive or unnecessary tripping that would adversely affect the Company’s service reliability to other Generator Owners and Customers. 6. The generator and interface protection schemes shall be continuously monitored and functioning and the generator shall immediately disconnect from the Company’s system for any condition that would make the protection scheme inoperable. 7. The operating power required for the protection and control schemes for the generator and the control power used to disconnect the generator from the Company must not be dependent on local Company grid power. 8. Where multiple generators are connected to the system through a single point of common coupling, the sum of the ratings of the generators will be used to determine the applicability of these guidelines. Protection scheme performance with one or more units off line will have to be considered. 9. Applicable circuit breakers or other interrupting devices at the Generator Owner’s facility must be capable of interrupting the maximum available local utility Company fault current at the site, including any contribution from the Owner’s generator(s). 10. The Generator Owner will furnish and install a manual disconnect device which, when opened, will have the effect of isolating the generator from the Company’s system. The disconnect device shall have a visible break (a disconnect switch, a draw‐out circuit breaker, fuse block, etc. as appropriate to the voltage level), will at all times be accessible to the Company’s personnel, and shall be capable of being locked in the open position via a Company padlock. The Company shall use reasonable efforts to utilize padlocks of a size consistent with typical manufacture’s specifications. The Generator Owner shall follow the Company’s switching, clearance and tagging procedures which the Company shall provide and attach the Warning Label noted in Section X. 11. The design, procurement, installation, and maintenance of the equipment at the Generator Owner’s site are the responsibility of the Generator Owner and at the Generator Owner’s expense. 12. Any necessary enhancements or improvements needed within the Company’s system and/or at the Customer site(s) to accommodate the parallel interconnection of the Generator Owner’s generation will be at the Generator Owner’s expense. 13. The Generator Owner has full responsibility and liability for the safe and proper operation of their equipment and the power originating from their generator. The Generator Owner is also responsible for synchronizing their generator(s) with the Company’s system and maintaining synchronous operation. 14. The Generator Owner must immediately cease parallel operation upon notification by the Company if such operation is determined to be unsafe, interferes with the supply of service to other customers, or interferes with the Company’s system maintenance or operation. ­ 27 ‐

15. The Company reserves the right to specify the type of transformer connection (e.g. delta‐delta, wye‐ delta, wye‐wye) that will be employed for all multiphase interface transformers consistent, where reasonable, with the Generator Owner’s power system. B. Prevention of Generator Owner Generation Interference with Company System. To eliminate undesirable interference caused by operation of the Generator Owner’s generating equipment, the Generator Owner’s generator shall meet the following criteria: 1. Voltage – The generating equipment will be operated in such a manner that the voltage levels on the Company’s system are in the same range as if the generating equipment were not connected to the Company’s system. The Generator Owner shall provide an automatic method of initiating a disconnect sequence of his generating equipment from the Company system with set points noted in the table below. Generating Systems Generating Systems with Non‐Inverter or Rotating with Inverters Greater than Machine Generating Inverters Up to 50kW 50kW Systems  Trip in 0.1 second for  Trip in 0.1 Second for  Trip in 0.1 second for V<50% V <50% V < 50% or V ≥115%  Trip in 2 second for  Trip within 0.1 to 30  Trip within 0.1 to 30 50%≤V<88% seconds for seconds for V>110% or  Trip in 2 seconds for 50%≤V<88% V<90% 106%<V<137%  Trip within 0.1 to 30 (Specific voltage and time  Trip in 0.03 second seconds for delay set points will be for 137%≤V determined for each 106%<V<137% installation.) (Above times and voltages taken directly from IEEE  Trip in 0.03 second for 929) 137%≤V (Specific voltage and time delay set points will be determined for each installation.) Note: Trip time refers to the time between when the abnormal voltage condition occurs and the generator being completely disconnected from the utility Company. On three phase generator installations, full three phase voltage sensing should be employed. Voltages must be sensed on the high side of any interface transformer if the transformer high voltage winding is ungrounded. ­ 28 ‐

The Generator Owner may reconnect to the grid when the system voltage returns to normal range and is stabilized as defined in Section III, Definitions. 2. Flicker – The Generator Owner shall not cause excessive voltage flicker on the Company’s system. This flicker shall not exceed the “Borderline of Irritation” curve, Fig. 10.3, as define in IEEE Std 519‐ 1992, Recommended Practices and Requirements for Harmonic Control in Electric Power Systems. Lower levels of flicker may be required in areas where equipment such as computers and instrumentation are impacted. 3. Frequency – The operating frequency of the generating equipment shall not deviate more than the values noted in the table below. Generating Generating Systems with Non‐Inverter or Rotating Systems with Inverters Greater than 50kW Machine Generating Systems Inverters Up to 50kW  Trip in 0.1  Trip in 0.1 second for F<59.3  Trip in 0.1 second for second for Hz F<59.3 Hz F<59.3 Hz  Trip in 0.1 second for F>60.5  Trip in 0.1 second for  Trip in 0.1 Hz. F>60.5 Hz. second for (Other frequency and time delay set (Other frequency and time delay F>60.5 Hz. points may be necessary for a set points may be necessary for a (Set points taken specific installation.) specific installation.) from IEEE 929) Note: Trip time refers to the time between when the abnormal frequency condition occurs and the generator being completely disconnected from the utility Company. The Generator Owner may reconnect when the system frequency returns to normal range and is stabilized as defined in Section III, Definitions. Harmonics – Non‐linear circuit elements such as inverter can produce harmonics. Per IEEE std 519, Recommended Practices and Requirements for Harmonic Control in Electric Power Systems, Table 11.1, the total harmonic distortion (THD) voltage shall not exceed 5% of the fundamental 60 Hz frequency nor 3% of the fundamental for any individual harmonic as measured at the location where the customer interfaces with the Company’s system (Point of Common Coupling). In addition, the level of harmonic current that the customer is allowed to inject into the Company’s system shall not exceed that specified in Table 10.3 in IEEE Std 519. Furthermore, any communication notch should be limited as defined by Table 10.2 in IEEE Std 519. The preceding requirements apply to all types of generation systems. ­ 29 ‐

The Generator Owner is responsible for the installation of any necessary controls or hardware to limit the voltage and current harmonics generated by his equipment to defined levels. 4. Power Factor – The generator must not adversely impact the power factor of the Generator Owner site. Most inverters are designed to operate close to unity power factor. The operating power factor of the generator shall be contained within the limits defined in the table below. Generating Generating Systems with Non‐Inverter or Rotating Systems with Inverters Greater than 50kW Machine Generating Inverters Up to Systems 50kW 0.95 Lagging or 0.95 Lagging or Leading 0.95 Lagging or Leading Leading when When output exceeds 10% output exceeds 10% of inverter of inverter rating. rating. (From IEEE 929‐ 1999) However, to the extent that a Generator Owner’s power factor at the Point of Common Coupling falls below 0.95 lagging as a direct result of the installation of the generating unit(s), the Generator Owner must obtain, install and maintain, at his expense, corrective apparatus that compensates for the drop in power factor caused by the installation of the generator. Penalties will be assessed for power factors that fall below 0.95 lagging or leading. 5. Current – In some cases, directional over‐current protection may be required to limit fault current flowing onto the Grid in the event of a line fault. DC inverters that are incapable of producing fault current do not require directional over‐current protection. Inverter systems should not inject DC current greater than 0.5% of rated inverter output into the AC interface point under either normal or abnormal conditions. 6. Fault and Line Clearing – The Generator Owner shall automatically disconnect from the Company’s system during electrical faults on the Company’s electrical system and upon loss of the Company’s electric source. The Generator Owner may reconnect when the system voltage and frequency return to normal range and is stabilized as defined in Section III, Definitions. Detection of the loss of the Company’s primary electric system, where the Generator Owner is operating in an island with other customer load, becomes increasingly difficult as the level of distributed generation on a feeder approaches the connected load. For generating units 50kW and below, the over/under voltage and over/under frequency settings described previously along with the anti‐islanding provisions of IEEE 929/UL 1746 inverters, should be sufficient to satisfy this provision. ­ 30 ‐

7. Automatic Reclosing – The Generator Owner is responsible for protecting his equipment from the effects of switching or automatic reclosing of the Company’s feeder circuit. The Generator Owner may request the Company to delay high speed reclosing on the Company’s feeder to allow the interconnected generator sufficient time to remove itself from an islanding or de‐energized feeder prior to automatic reclose. Since delaying the automatic reclose time degrades the level of service provided to other customers on the circuit, the Company will limit the automatic reclose time delays to a few seconds or less. The Generator Owner may also request that a direct transfer trip scheme be added to remove the interconnected Generator from service prior to automatic reclosing by using communications equipment between the generator site and the Company. Similarly the Generation Owner may request that a synchronizing check, or reclose blocking scheme be installed on the Company’s feeder to prevent out of phase reclosing. The Generation Owner is responsible for all costs associated with the installation and maintenance of these requested modifications. C. Control, Protection and Safety Equipment Requirements Specific to Generators of 500 kW or less. All Generator Owners 500 kW or less can be single phase. Customer owned generators greater than 10 kW must be evaluated by the Company to determine if it can be single phase. The following table describes necessary control, protection and safety equipment specific to generator of 500 kW or less connected to Secondary or Primary Voltage Systems: Generator Size 500 kW or less Over‐Current Trip X Over‐Voltage Trip X Under Voltage Trip X Over/Under Frequency Trip X Synchronizing Check2 Manual or Automatic Notes: 1. Exporting to the Company system many require additional operational/protection devices. 2. For synchronous and other type of generators with stand‐alone capability. D. Control, Protection and Safety Requirement Specific to Three Phase Synchronous Generators, Induction Generators, and Inverter Systems. Generators greater than 50 kW must be three phase generators connected to three phase circuits. 1. Three Phase Synchronous Generators. Generator circuit breakers shall be three phase devices with electronic or electromechanical control. The Generation Owner is solely responsible for properly synchronizing his generator with the Company’s system. For a synchronous generator, the excitation system response ratio shall not be less than 0.5 (five‐tenths). The generator’s excitation system(s) shall conform, as closely as reasonably achievable, to the field voltage vs. time criteria specified in American National ­ 31 ‐

Standards Institute Standard C50.13‐1989 in order to permit adequate field forcing during transient conditions. 2. Three Phase Induction Generators and Inverter Systems. Induction generation may be connected and brought up to synchronous speed (as an induction motor) if it can be demonstrated that the initial voltage drop measured on the Company’s side at the point of common coupling is within the visible flicker limits stated in Section XIV.B.2. Otherwise, the Generator Owner may be required to install hardware use other techniques to bring voltage fluctuations to acceptable levels. Line‐commutated inverters do not require synchronizing equipment. Self‐commutated inverters whether of the utility‐interactive type or stand‐alone type shall be used in parallel with the Company system only with synchronizing equipment. Requirement for the Control, Protection and Safety Equipment1 Greater than 25kW and Less than 500kW, Three Phase Connected to Primary System Generator Disconnect Device X Over‐Voltage Trip X Under Voltage Trip X Over‐Current Trip X Over/Under Frequency Trip X Ground Over‐Voltage Trip2 OR Ground Over‐Current Trip2 X Synchronizing Check3 Manual or Automatic Power Direction4 X Transfer Trip/Reclose Blocking5 X Notes: 1. Exporting to the Company’s system may require additional operating/protection devices and will require coordination of operations with the Company. 2. Selection depends on grounding system, if required by the Company. 3. For synchronous and other types of generators with stand‐alone capability. 4. Required only if generator size is greater than Generator Owner’s minimum load and thus capable of exporting. The relay will operate if the power flow from the generator into the Grid exceeds a predetermined level. A time delay will have to be incorporated into this relaying scheme to prevent it from operating during synchronous swings. ­ 32 ‐

5. May be required as part of any necessary transfer tripping/reclose blocking protection scheme. E. Requirements Specific to Generators paralleling for 0.1 second or less (Closed Transition Switching) Control, Protection and Safety Equipment requirement for generators less than 500 kW which parallel with the Company’s system for 0.1 second or less such as during source or load transfers. Over‐Voltage Trip X Under Voltage Trip X Synchronizing Check1 Manual or Automatic Excessive Closed Time Trip2 X Notes: 1. For synchronous and other types of generators with stand‐alone capability. 2. Scheme will trip generator if closed transition parallel mode remains in effect longer than 0.1 second. F. Inverter Type – DC Generation installations using inverters for interconnection with the Company must use non‐ islanding type inverters as defined in IEEE 519, Recommended Practices and Requirements for Harmonic Control in Electrical Power Systems, IEEE 929, IEEE Recommended Practices for Utility Interface of Photovoltaic (PV) Systems (including Annex B, D, E & G) and UL Subject 1741, May 1999, Standard for Static Inverters and Charge Controllers for use in Photovoltaic Power Systems. G. Inspection and Start‐Up Testing – the Generator Owner shall provide the Company with reasonable prior notice at least 2 weeks before the initial energizing and start‐up testing of the Generator Owner’s generating equipment and the Company, at its discretion, shall witness the testing of any equipment and protective systems associated with the interconnection. The Generator Owner shall revise and re‐submit the application information for any proposed modification that may affect the safe and reliable operation of the Company’s system. The generator may be reconnected to the Company system only after the modified application has been reviewed, testing has been confirmed and the Company has given approval to reconnect. H. Site Testing and Commissioning ‐ Testing of protection systems shall include procedures to functionally test all protective elements of the installation up to and including tripping of the generator and interconnection point. Testing and testing intervals should be in accordance with manufacturers’ and industry recommendations. Testing will verify all protective set points and relay/breaker trip timing. The Company may witness the testing of installed switchgear, protection systems, and generator. The Generator Owner is responsible for all maintenance of the generator, control and protective equipment. The Generator Owner will maintain records of such maintenance activities which the Company may review at reasonable times. I. Metering ‐ Metering requirements will be reviewed on each specific installation. J. Dedicated Transformer – A dedicated transformer will be required where the generating Generator Owner is served from the same transformer secondary as another Company customer and inverter‐based technology not meeting IEEE 929‐1999 and IEEE 519‐1992 specifications is used. In addition, a dedicated transformer or other ­ 33 ‐

current‐limiting device is needed for any type of generator installation where the increase in available short circuit current could adversely impact other Company customers on the same secondary circuit. K. Suggested References The following references can supply technical support and insight into the safe, reliable interconnection of distributed generation with the Company’s systems. These references should be reviewed by those individuals or firms contemplating parallel operation of generation with the Company. IEEE C37.95‐1989 ‐ IEEE Guide for Protective Relaying of Utility‐Consumer Interconnections IEEE Std 1001 (1988) ‐ IEEE Guide for Interfacing Dispersed Storage and Generation Facilities with Electric Utility Systems IEEE Std 929 ‐ IEEE Recommended Practices for Utility Interface of Photovoltaic (PV) Systems IEEE Std 1021 (1988) ‐ IEEE Recommended Practices for Utility Interconnection of Small Wind Energy Conversion Systems IEEE Std 519 ‐1992 ‐ IEEE Recommended Practices and Requirements for Harmonic Control In Electrical Power System NEC 690 ‐ Solar Photovoltaic Systems UL 1703 ‐ Standard for Safety Flat‐Plate Photovoltaic Modules and Panels UL 1741 ‐ Standards for Static Inverters and Charge Controllers for use in Photovoltaic Power Systems ­ 34 ‐

4. CUSTOMER SERVICE I. APPLICATION AND CONTRACT FOR SERVICE A service contract is required in order to receive electric service from the City. In order to receive electric service, each customer is required to apply at the Customer Service Department and if approved the customer shall implicitly enter into a contract with the City for electric services. This Handbook, terms of applicable service classifications, and any Rules and Regulations adopted by the City shall be part of every contract for electric service and shall govern all classes of service. Any prior outstanding debts to the City of Dover will result in service not being granted until the debt is paid in full. When requesting a service connection, individuals need to complete an application for utility service at least twenty four hours (24) or one business day before the requested service date. The City requires a signed lease agreement or proof of ownership, a Social Security card, and one form of photo identification. The City will obtain credit reports to determine the amount of a deposit, if required. Charges for electric service shall begin at the time electric service is made available to the Customer. II. ELECTRIC SERVICE CONTRACT The City Manager is empowered to create and enforce all rules and regulations in order to maintain and operate the City electric plant, and electrical distribution system. The City Manager, or designee, is authorized to review every contract for electric service that governs all classes of service, unless otherwise stated by a service classification. Additional information regarding policies and regulations may be obtained by contacting the City of Dover’s Customer Service Department. III. ELECTRIC SERVICE RATES Copies of the Electric Service Tariffs and all rules and regulations adopted by City Council are available for the public review at the Customer Service Center, Public Utilities and on the City of Dover website. The rules and regulations apply to every customer or applicant for utility service. Revisions and amendments may occur from time to time, and customers are encouraged to contact the City for updates. IV. NO PREJUDICE OF RIGHTS The failure by the City of Dover to enforce any of the provisions of the Tariffs shall not be deemed a waiver of its right to do so. V. CITY’S RIGHT TO REJECT APPLICATION The City may reject any application for service if the applicant does not meet all the requirements of the City. VI. SERVICE CHARGE FOR APPLICATION OF SERVICE The City does not charge a service fee to establish or discontinue service. However, the City reserves the right to charge a service fee to process changes or cancelations to any type of work order requests. An individual requesting to ­ 35 ‐

establish service without providing the required notice shall be subject to a service fee according to the published connect and disconnect service fees. VII. MOBILE HOME PARKS Each mobile home electric customer shall make a suitable deposit when connected; however, the mobile home park operator may make a suitable deposit and guarantee the accounts for individual tenants. If this arrangement is elected, connections and disconnections of service may be handled by mobile home park operator via telephone to the City. All applicable Rules and Regulations, in addition to those listed above, shall apply to service to Mobile Home Parks. VIII. SERVICE DEPOSIT The City may require a service deposit for all utility (electric, water and/or wastewater) accounts. This amount varies depending on the customer’s credit rating. The requested deposit can be as much as three times the average monthly bill at the residence in question or as little as zero. Service deposits are held in an interest bearing account. Interest is paid on the deposit at a rate set by the City Council. When the customer account is terminated the deposit will be applied to the final bill. Any credit remaining on the account after the final bill is satisfied will be refunded to the customer once it has been determined that the customer has no other outstanding balances with the City of Dover. As long as residential customer (owner or renter) maintains a good credit standing, they will never be asked for an additional deposit. A customer who fails to pay their bill and has services disconnected or who has a returned check, and either occurs twice in a twelve month period, will be charged an additional deposit. Additional deposits may be required for any reason the City may deem appropriate. IX. TRANSFERRING SERVICE When requesting a service transfer, we require individuals to apply at Customer Service and complete an application for utility service. We require a signed lease document or proof of ownership, a Social Security card, and one form of photo identification. Electric service to a customer at a new location or to transfer electric service to a new location shall be rendered only when all City of Dover outstanding debts are paid in full. Any delinquent balance must be paid in full and the account must be brought current in order to have service established at another location. At this time, the deposit for both locations will be reviewed. Any deposits will be transferred an additional deposit may be required. The final bill is due and payable when rendered. X. DISCONTINUE ELECTRIC SERVICE BY CUSTOMER NOTICE The customer shall give the city at least (1) business day, or twenty‐four (24) hours, written notice to discontinue electric service unless otherwise agreed upon and shall be liable for electric service used until the meter is disconnected or final reading is recorded. Notice prior to the expiration of any electric service contract term shall not relieve any minimum guaranteed payment under any electric service classification. ­ 36 ‐

XI. SUSPENSION OF ELECTRIC SERVICE CONTRACT If, by reason of any act, neglect or default of a customer, the City’s electric service is suspended or the City is prevented from supplying electric service in accordance with the terms of any electric service contract it shall have entered into, the minimum charge for the unexpired portion of the electric service contract term shall become due and payable immediately as liquidated damages in lieu of the anticipated returns from the electric contract. XII. BILLING PERIOD Meter readings are obtained by the City’s meter reading staff on a monthly basis on a pre‐determined route. The area of the service address determines the date the meter is read, billed and due and requests for specific billing date cannot be accommodated. The electric bill shall be due and payable within twenty‐one (21) days after the electric bill is dated. XIII. ESTIMATED BILLING When the City’s meter reader is, at any regular meter reading date unable to gain access to the customer’s premises the City may render an estimated utility bill based on prior usage. XIV. EQUALIZED PAYMENT PLAN An equalized payment plan will be permitted for residential customers meeting these requirements. Monthly payments for the service address will be based on estimated cost of total consumption for the eleven month period October through August, with additional billing being made in the remaining one (1) month. Adjustments in monthly payments may be made after each quarterly review, and may indicate that the original estimate consumption was too high or too low. Additional information can be obtained by contacting Customer Service. XV. FINAL BILLING When terminating services, the customer must make a request to the City (1) one business day, or twenty‐four (24) hours, prior to the termination date. The final bill will be due and payable when rendered. Any service deposit on file will be applied to the final bill. If unpaid, the City may refer the account to a collection agency. The customer will be responsible for any fees, penalties, legal expenses and attorney fees incurred during the collection process. XVI. OPTIONS IN BILL PAYMENTS To better serve our customers the City of Dover offers a variety of payment options. Cash, checks, money orders, cashier’s check, certified checks, credit cards, and bank drafting are some accepted forms of payment. Payments can be mailed, brought to the office during normal business hours (8:30 AM to 5:00 PM, Monday through Friday), or placed in the drop box located at Customer Service. Cash payments cannot be accepted in the drop box. For complete details on payment options, please contact Customer Service. XVII. CREDIT POLICY It is important to maintain a good payment record. Payment is due (21) twenty‐one days from the billing date indicated on the bill. Before disconnecting electric service for nonpayment a disconnection notice shall be mailed to ­ 37 ‐

the customer giving additional (14) days to make the payment, or arrangements with Customer Service, if the customer meets eligibility requirements. Delinquent balances are subject to penalties at the percentage approved by City Council. More details on the City’s credit policy are available by contacting Customer Service. XVIII. RETURNED CHECKS AND RETURNED ELECTRIC FUNDS TRANSFERS The City will charge an established service fee for any check or electric funds transfer returned unpaid for any reason from the bank. In the event the item returned was used for the payment of reconnection of electric service the City may terminate the electric service, without written notice, until the matter is resolved. All returned check payments must be made in cash or money order at Customer Service, during normal business hours. If the returned check resulted in electric service interruption, an additional service fee will apply. To be reconnected, after hours contact the City of Dover Dispatch Center. Only money orders or cashier’s checks will be accepted. XIX. MEDICAL HARDSHIP POLICY The State of Delaware has made provisions for occupants of any dwelling that may require the use of a medical device that requires electric current. The customer must register this medical hardship with Customer Service. A letter from the patient’s physician indicating the medical condition, medical device and amount of amps required to operate the device is required. The letter will remain on file for 120 days, after which if the medical condition still exists another letter will be required from the attending physician. While this provision prevents the termination of electric service, customers that maintain a delinquent balance and would be subject to disconnection for non‐ payment, will be issued a notice affixed to the door of the service address notifying the customer that they have 24 hours to make payment of the delinquent amount or face further action. The City of Dover reserves the right to place a load restrictive devise on any account which has a medical seal and maintains a delinquent account balance. This load restrictive device is normally placed 48 hours after the 24 hours notice. The load restrictive device allows only enough electricity to a dwelling to operate needed medical equipment. The customer will be notified prior to the installation of the device. Delaware State Statue: 26 Del.C. ‫ ى‬117(d) provides: “In no event shall such termination occur if any occupant of any dwelling unit shall be so ill that the termination of such sale or physician of this State or any accredited Christian Science practitioner and received by any employee or officer of such persons engaging in the distribution of sale of gas, water or electricity. Signed statements from a licensed physician or accredited Christian Science practitioner obtained pursuant to this section are effective for 120 days. Signed statements may be renewed by means of a new signed statement to prevent termination.” XX. ELECTRIC SERVICE RE‐CONNECTION; FEE; ARREARAGE Electric service may be disconnected by the City pursuant to this handbook and shall be reconnected only upon advance payment of published service fees in addition to all arrearage due under the customer's utility service contract, except when it has been necessary to remove service wires to discontinue the electric service. In the latter case electric service shall be restored only upon payment to the City of the cost of discontinuance and restoration. ­ 38 ‐

XXI. COMPLIANCE Electric service may be refused by the City of Dover until the customer is in compliance with all established standards of safe and efficient wiring. XXII. METER READINGS All meters must be read at least once every three (3) months, by City personnel, during normal working hours. Failure to have meter accessible for this purpose could result in termination of service in accordance with Rules and Regulations Section. XXIII. BILLING CHANGES When demands are reassessed or power factors re‐computed or re‐measured, or the customer is found to be on an improper Service Classification, as the result of an investigation made at the customer's request or by routine inspection when it is found that the customer has been miss‐billed for any reason, the City has the option to render corrected bills to the customer. The corrections will begin with the month when it is established the error occurred, but will not exceed twelve (12) billings. XXIV. CHOICE OF SERVICE CLASSIFICATIONS When two or more Service Classifications are available for the same class or service, the customer shall select the Service Classification to be applied. XXV. CHANGING SERVICE CLASSIFICATIONS When a customer has selected a service classification, this classification shall remain in effect for the contract term. Changes may be allowed if the customer makes a change in the installation, in the character of service, or quantity of energy use. If a customer on the primary service classification wishes to switch to another classification, and they are eligible for the new classification, the customer may do so at the customer's choice. If such a change occurs, the City will make a determination on a case‐by‐case basis which portion, if any, of the customer‐owned electrical equipment will be maintained or accepted by the City; however, any equipment transferred to City ownership will be so transferred at no cost to the City. If the equipment is not accepted by the City the “New Extension” policy will be applied to the upgrade prior to the transfer. XXVI. CITY ASSISTANCE The City, upon request, may assist the customer in the selection of the most advantageous Service Classification, but the duty and responsibility of making the selection shall at all times rest with the customer. ­ 39 ‐

EXHIBIT #3 Regular Council Meeting of 04/26/2010 City of Dover Wastewater Master Plan Update March 8, 2010 EXHIBIT #3 Brian Turner, E.I.T Civil Engineer II 1 Regular Council Meeting of 04/26/2010

City of Dover Wastewater Master Plan Update SYSTEM BACKGROUND The City of Dover’s wastewater system includes an estimated 185 miles of pipe and 42 pumping stations. Wastewater is discharged to the County at 6 different locations. Wastewater is transported to the Kent County Treatment Plant in Frederica for treatment and disposal. For FY 2007, an average daily flow of 4.6 MGD passed through the City’s system. 2

City of Dover Wastewater Master Plan Update PURPOSE OF MASTER PLAN Develop an updated computer model of the wastewater system to be used by City staff. Perform analysis of the key wastewater infrastructure. Verify currently planned Capital Investment Plan (CIP) projects based upon existing conditions and growth scenarios. Identify future CIPs based upon growth scenarios through 2030. 3

City of Dover Wastewater Master Plan Update COMPUTER MODEL The computer model d l eveloped in the 1999 Wastewater Facilities Master Plan was updated using SewerGEMS software. The model includes data collected from field survey’s of the City’s existing pump stations and major gravity interceptors. Unlike the water system, which is pressurized, an overall system model can only be d l eveloped over time as considerably more data is required. 4

City of Dover Wastewater Master Plan Update ANALYSIS The Wastewater Master Plan p Update built p upon the Pump Station Basin Study that was performed the previous year. The Pump Station Basin Study analyzed the 42 existing pump stations, their respective incoming gravity mains and their immediate downstream infrastructure. The computer model was and will be utilized to represent the collection and transport of existing and future flows. 5

City of Dover Wastewater Master Plan Update ANALYSIS (CON.) Demand analysis utilized in the Wastewater Master Plan was based upon that which was established within the Water Master Plan. The model analyzed the system for deficiencies and required improvements at 5 year intervals through 2030. Future developments and other scenarios can be added to the model to determine the impacts on the system and identify required improvements. 6

City of Dover Wastewater Master Plan Update MODEL ANALYSIS RESULTS & RECOMMENDATIONS Hazlettville Road Interceptor – Existing Deficiency: 2 sections of the 15” interceptor, in the vicinity of Procter & Gamble, were identified as having little or no slope and therefore regularly flow full. Replace 1,100 feet of 15” gravity interceptor and 7 manholes. Due to an existing drop manhole, adequate depth is available to correct the slope issue. Engineering/design is scheduled to be completed in 2013, construction in 2014. 7

City of Dover Wastewater Master Plan Update MODEL ANALYSIS RESULTS & RECOMMENDATIONS (CON.) South Little Creek Road – Existing Deficiency: 1 section of 8” main, at the discharge point for the Dover East Pump Station, was identified as routinely flowing full. It is a bottleneck in an 18” line. Maintenance problems have not been reported due to high flow volumes, although backups could occur. As the Dover East Pump Station is to be abandoned and flow rerouted to the Rojan Meadows in the near future, no improvements are proposed. 8

City of Dover Wastewater Master Plan Update MODEL ANALYSIS RESULTS & RECOMMENDATIONS (CON.) Walker Road – Existing Deficiency: 1 section of 8” main, at the discharge point for the Walker Woods Pump Station, was identified as routinely flowing full. It is a bottleneck in an 10” line. Maintenance problems have not been reported due to high flow volumes. The model may overestimate pump station flows due to low head conditions at this location. No improvements are proposed to this portion of the system at this time. 9

City of Dover Wastewater Master Plan Update MODEL ANALYSIS RESULTS & RECOMMENDATIONS (CON.) Tar Ditch Interceptor – Existing Deficiency: 515 l.f. of 15” main, between S. State Street and PW2, was identified as routinely flowing full, causing a surcharge in h upstream i t piping. M i t aintenance problems and overflows have occurred in this area. Replace the sections of main and manholes to allow for proper capacity to handle current flow as well as to allow for growth. The project calls for the installation of 24” pipe and is scheduled to be completed in FY 2011. 10

City of Dover Wastewater Master Plan Update MODEL ANALYSIS RESULTS & RECOMMENDATIONS (CON.) System Analysis – 2015: Based on the City of Dover’s 2009‐2013 Capital Investments Plan, the Public Utilities Department has planned to upgrade or replace 13 pump stations, reroute/redirect 4 force mains and install a new sewer interceptor. The analysis for the year 2015 showed no additional deficiencies as long as the improvements identified in the CIP plan are completed within the identified period. 11

City of Dover Wastewater Master Plan Update MODEL ANALYSIS RESULTS & RECOMMENDATIONS (CON.) System Analysis – 2020: Deficiencies due to flow in the County’s Central Transmission Bypass: U.S. 13 East Pump Station Garrison Oak Pump Station Rojan Meadows Pump Station White Oak Road Pump Station ‐ Insufficient capacity for proposed Bay Village development flows. Station and force main must be upgraded. 12

City of Dover Wastewater Master Plan Update MODEL ANALYSIS RESULTS & RECOMMENDATIONS (CON.) System Analysis – 2025 & 2030: No additional deficiencies were identified for 2025 and 2030. The CIP improvements to be performed in earlier years as well as future development was taken into account in the model runs. 13

City of Dover Wastewater Master Plan Update CONCLUSION Based on the completed analysis, it is the opinion of Braun Engineering & Surveying that, with the completion of the CIP projects identified in the City’s current Capital Investments Plan as well as those identified in the W tastewater Master Plan U d pdate that the City of Dover’s Wastewater System will have the required capacity to operate in accordance with the accepted wastewater utility standards throughout the study period. However, new facilities could affect and change the available capacity but City staff now has the computer model to analyze and address the future impacts. 14

EXHIBIT #4 Regular Council Meeting of 04/26/2010

EXHIBIT #5 Regular Council Meeting of 04/26/2010