COUNCIL PACKET

REGULAR COUNCIL MEETING AGENDA September 27, 2010 - 7:30 P.M. - Council Chambers - City Hall - City of Dover OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.) INVOCATION BY CHAPLAIN WALLACE DIXON PLEDGE OF ALLEGIANCE LED BY COUNCILWOMAN WILLIAMS AGENDA ADDITIONS/DELETIONS * CONSENT AGENDA Those items on the Council Agenda which are considered routine and non-controversial shall be marked with an asterisk (*) and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. * 1. Adoption of Minutes - Regular Council Meeting of September 13, 2010 2. Presentations A. Recognition of Service a-1. Gerald Foss - Election Board (September 1991 - July 1994 and May 2000 - September 2010) a-2. Paul Fleming - Dover Human Relations Commission (March 2004 - August 2010) a-3. Mark Monroe - Dover Human Relations Commission (October 2008 - August 2010) B. Certificate of Achievement for Excellence in Financial Reporting - Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2009 C. Cry Out America - Dover Police Department 3. Presentation by Dover/Kent County MPO (Metropolitan Planning Organization) - Scope and Purpose of the Neighborhood Plan for the South Side of Downtown 4. Proclamation - Fire Prevention Week

Council Agenda - September 27, 2010 Page 2 * 5. Parks, Recreation, and Community Enhancement Committee Report - September 13, 2010 A. Proposed Ordinance #2010-25 - Amendment to Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 11 - Environmental Protections and Section 16 - Tree Planting and Preservation; and Article 12 - Definitions (See Item #10) (Committee Recommended Approval of Staff's Recommendation that Proposed Ordinance #2010-25, with the Recommended Adjustments Suggested by the Committee, Be Forwarded to City Council for a First Reading on September 27, 2010, Referred to the Planning Commission for Consideration on October 18, 2010, and that the Final Reading and Public Hearing Be Set Before City Council on November 8, 2010) B. Presentation - St. Jones River Stabilization (Committee Recommended Approval of the St. Jones River Stabilization Presentation) C. Fund Expenditure Guidelines - Youth Advisory Committee (Committee Recommended Acceptance of Finance Procedure #F358: “Youth Advisory Committee Spending,” as Recommended by Staff) D. Benchmarks Established for the Economic Development Office (Committee Recommended Acceptance of the Report Provided on the Benchmarks Established for the Economic Development Office) E. Updates e-1. Puncheon Run Watershed Action Team Update (Committee Action Not Required) e-2. Planning and Funding for New Library (Committee Recommended Acceptance of the Updates) * 6. Legislative, Finance, and Administration Committee Report - September 13, 2010 A. Review and Recommendation - Filling Critical Positions a-1. Librarian II (Committee Recommended Approval to Recruit for the Position of Library II: Head of Adult Services, as Requested by Staff) a-2. Motor Equipment Operator I (MEO I) (Streets) (Committee Recommended Approval to Immediately Recruit for the Position of Motor Equipment Operator I (MEO I) in the Streets Division) B. Presentation - Energy Savings Procurement Contracting - Ralph Nigro of Sustainable Energy Utility (SEU) (Committee Action Not Required) C. Disposition of City Owned Land - 45 S. State Street and Associated Parking Lot Property (Committee Recommended that Council Designate the Property as Excess Real Estate and Authorize the City Manager to Publicize the Pertinent Information Concerning the Surplus Parcel and its Availability for Purchase at Least Once a Week for Two (2) Weeks in a Local Newspaper, and Hold a Public Hearing Before Council to Allow Public Comment on the Proposed Sale) D. FY 2011 Budget Amendment - Project Budgets (See Item #11) (Committee Recommended Adoption of Proposed Ordinance #2010-26, Proposed Budget Amendment - Fiscal Year 2011, with the Recommendation to Transfer $1M to the Depreciation Reserve from the Electric Improvement & Extension (I & E) Fund, to Be Forwarded to City Council for a First Reading on September 27, 2010, as Recommended by Staff) E. Discussion - Public Notice for Planning Applications (Committee Action Not Required)

Council Agenda - September 27, 2010 Page 3 * 7. Monthly CIP Report - June 2010 8. Evaluation of Bids A. Substation Potential Transformers (PT) and Current Transformers (CT) Replacement B. Master Electrician Contract C. Electric System Modeling Software D. Replacement of 69 kV Breaker * 9. Appointment - Prevention Policy Board for GAMES Grant (Aid in Dover) 10. First Reading - Proposed Ordinance #2010-25 The First Reading is offered on the following proposed ordinance. Since it is an amendment to the Zoning Code, it is recommended for referral to the Planning Commission on October 18, 2010, and that a Public Hearing be set for November 8, 2010 at 7:30 p.m. and that the Second Reading and Final Action by Council take place at that time. Copies of all proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. A. Amendment to Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 11 - Environmental Protections and Section 16 - Tree Planting and Preservation; and Article 12 - Definitions (Parks, Recreation, and Community Enhancement Committee) 11. First Reading - Proposed Ordinance #2010-26 The First Reading is offered on the following proposed ordinance. Final action by Council will take place during the Second Reading of the ordinance on October 11, 2010. Copies of all proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. A. FY 2011 Budget Amendment - Project Budgets (Legislative, Finance, and Administration Committee) 12. Council Members Announcements /tm S:\AGENDAS & MINUTES\Council-Agendas\2010\09-27-2010.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

REGULAR COUNCIL MEETING The Regular Council Meeting was held on September 13, 2010 at 7:30 p.m. with Council President Hogan presiding. Council members present were Mr. Bonar, Mrs. Russell, Mr. McGlumphy, Mr. Leary, Mr. McGiffin, Mrs. Williams, Mr. Salters, and Mr. Ruane. Council staff members present were Police Chief Hosfelt, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, 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 Hogan declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action. Mrs. O’Brien, 632 N. West Street, referred to an adjacent property, 628 N. West Street, owned by the Valentines and thanked members for the positive action taken to improve the condition of the pool on the property. However, she advised members that there is another serious health concern related to poison ivy growing on the house, through the fence, and onto her property. She provided pictures depicting the growth (Exhibit #1) and advised members of health problems she has had due to the poison ivy. Mrs. O’Brien stated that the poison ivy had been eradicated and noted she was presenting this issue before Council to make it a part of the record and to prevent a recurrence. Ms. Andrea Pierce, 39 Par Haven Drive, reminded members that, during the Open Forum Segment of the Regular Council Meeting held on August 23, 2010, she questioned the City’s tax reassessment, the reassessment process, and the accuracy of assessed values. As a result, she received a response from the City; however, it was her feeling that the response contained inaccuracies. Ms. Pierce provided members with assessment data related to her concerns (Exhibit #2). Ms. Katrina Smith, 302 Eagles Nest Drive in Camden, advised members of concerns regarding a recent incident near a playground located at the southeast corner of Division and Kirkwood Streets. She stated that there is not a traffic signal at that location to allow children to cross the street safely. She stated that she witnessed a near accident involving a child being struck by a vehicle while attempting to cross Division Street. She requested that the City consider the installation of a traffic signal at this intersection to allow children to cross the streets safely. 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. Bonar and unanimously carried. Mr. Salters moved for approval of the consent agenda, seconded by Mrs. Williams and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 2 ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 23, 2010 By consent agenda, the Minutes of the Regular Council Meeting of August 23, 2010 were unanimously approved by motion of Mr. Salters, seconded by Mrs. Williams and bore the written approval of Mayor Carey. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - AUGUST 23, 2010 The Legislative, Finance, and Administration Committee met on August 23, 2010 with Chairman Leary 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. Motor Equipment Operator I (MEO I) - Sanitation Mr. Scott Koenig, Public Service Manager/Director of Public Works, reviewed a request to recruit for a Motor Equipment Operator I (MEO I) position in the Sanitation Division created by the recent termination of an employee. Responding to Mr. Shevock, Mr. Koenig indicated that this is an IUE/CWA union position; however, he stated that the union is only recognized internally. He assured members that a non-union applicant could apply for the position. In addition, Mr. Koenig stated that current City employees who belong to another union would be eligible to apply. In response to Dr. Jones, Mr. Koenig noted that, although the salary information provided does not reflect any overtime, $18,000 has been budgeted for overtime for the Sanitation Division. The Committee recommended approval to recruit for the position of Motor Equipment Operator I (MEO I) for the Sanitation Division. By consent agenda, Mr. Salters moved for approval of the Committee’s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote. Discussion - Criminal Investigation Fund - Police Department Police Chief James Hosfelt advised members that the Police Department has been managing a Criminal Investigation Fund, which is an equitable sharing fund or federal forfeiture that the City has participated in since 1997. He stated that participation is through a partnership with the Federal Drug Enforcement Administration involving seized assets. Chief Hosfelt explained that when a drug dealer is arrested, assets such as cars, cash, etc., are liquidated and the Federal Drug Enforcement Administration determines the percentage of money that will be disbursed to local law enforcement. He stated that the guidelines indicate that 80% of

CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 3 the money must be given back to local law enforcement and 20% is kept by the Federal Government; however, these funds are disbursed based on the local law enforcement’s participation in an investigation. Chief Hosfelt indicated that the disbursed money must be used for law enforcement purposes, such as the purchase of vehicles, weapons, forensic testing, etc., and that money is not spent without approval from the Chief of Police. Chief Hosfelt stated that the Criminal Investigation Fund has not been governed in accordance with the City’s policy, which states that all funds should be managed by the Finance Department. He assured members that the Police Department is working with the Finance Department to transfer all records and documentation to bring the Fund under the control of the Finance Department. Chief Hosfelt indicated that the expenditure of monies from the Criminal Investigation Fund has been within the City’s policy. At the request of Chairman Leary, Chief Hosfelt stated that, once all records and documents have been transferred to the Finance Department and an audit has been performed, an update will be provided to Committee members. The Committee recommended acceptance of the Criminal Investigation Fund Report, as delivered by the Police Chief, and that staff be directed to provide an update when the administrative adjustments have been completed. By consent agenda, Mr. Salters moved for approval of the Committee’s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote. By consent agenda, Mr. Salters moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mrs. Williams and carried by a unanimous roll call vote. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - AUGUST 25, 2010 The Safety Advisory and Transportation Committee met on August 25, 2010 with Chairwoman Williams presiding. Presentation - Clarence Street Extended Project Update (Century Engineering) Mr. Scott Koenig, Public Services Manager/Director of Public Works, reminded members that staff requested that Century Engineering provide an update on the Lincoln Park Center and Clarence Street Extended Project. He noted that these projects were part of the West Side Strategic Development Plan which was formulated many years ago and that the Clarence Street Extended Project has been ongoing for over 10 years. Mr. Anthony DePrima, City Manager, advised members that, several years ago, the Delaware Department of Transportation (DelDOT) agreed to pay for a study of the West Side of Dover. At that time, the Downtown Dover Development Corporation (DDDC) determined that the lack of a plan for the West Side of Dover would impede further development of the entire downtown area.

CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 4 As a result, a plan was developed and, over the past 10 years, several of the items included in the plan have come to fruition, including the acquisition of the Capital Scrap Yard property, which was cleaned up and sold for development, and the construction of buildings by Mr. Bob Duncan. Mr. DePrima stated that the plan also included the extension of Clarence Street in order to provide an additional north/south connector, which would assist in the future development of the older, industrial property in the area. He advised members that this idea was used to apply for a Federal Transportation Community Assistance Preservation Grant, which was received. He noted that Senator Carper later earmarked additional monies for the design of the Clarence Street Extension. Mr. Allen Martini and Ms. Christine Conway of Century Engineering reviewed large maps depicting the area surrounding Clarence Street. In reviewing the Clarence Street Extension Project, Mr. Martini stated that Century Engineering developed a concept plan for the project, including sidewalk sections and infrastructure internal to the center of the industrial park. One of the issues that was discovered was the need for a parking garage to accommodate commercial businesses in the area. The estimated cost was $20M - $24M; therefore, only the portion of the project related to the extension of Clarence Street was considered, particularly since there were federal monies involved and this portion of the project was specifically related to transportation. Mr. Martini reminded members that, since federal monies are involved, federal processes must be followed, in accordance with the National Environmental Policy Act (NEPA), which proscribes procedures related to wetlands, hazardous materials, historic issues, archeology, etc. Century Engineering has completed a base survey, including resolution of property lines, wetland delineation, utility coordination, etc. He noted that two (2) different alignments have been identified by Century Engineering for the extension of Clarence Street. Mr. Martini advised members that environmental assessments and relocation plans, including costs, impacts, etc., would be required for the alignments. Mr. Martini noted that, in addition to providing relief for some of the north/south traffic at surrounding intersections, there are many other benefits to this project. He stated that Century Engineering will continue to work on the federal processes, which will be completed in the spring of next year, and a public workshop is planned for later this year or early next year. Mr. Martini noted that archeology work will be conducted on the site within the next month. Responding to Mrs. Williams, Mr. Martini stated that 750 feet of roadway is involved and that a major cost item would be the installation of sidewalks, which are estimated at over $1M, including lighting, utility relocations, etc. To date, less than $400,000 has been spent on the project. Mr. Koenig explained that a total of $1.4M is available for this project. In response to Mr. Davis, Mr. Koenig stated that, as this project moves forward and the alignment is determined, it will be presented to developers; however, staff was given very strict instructions not to violate the federal process by discussing property values with landowners. He noted that staff will conduct very technical engineering work to determine the best alignment for the roadway. Mr. Koenig estimated a project completion date in the range of five (5) to seven (7) years.

CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 5 Mrs. Russell advised members that she has heard concerns from surrounding property owners and suggested community outreach to provide details regarding the project. Mrs. Williams noted that no action was required and thanked Century Engineering for providing the update to members. Letters in Support of Reallocation of the D Block to Develop a Nationwide Interoperable Network for Public Safety (Request of Mayor Carey) Mayor Carey advised members that the National League of Cities has requested that letters of support be sent from the City to U. S. Senators and Representatives relaying support of the reallocation of the D Block and HR 5081, Broadband for First Responders Act of 2010, which supports funding for interoperable highband radio systems. He explained that the desire is to provide a 700 MHz system that would “free up” some of the channels on the current 800 MHz system. Members were advised that, for many years, State and local first responders have sought to build a national interoperable communications network that allows real-time information sharing through high speed video and data. This would require an appropriate, dedicated band of spectrum that could accommodate the everyday needs of firefighters, police officers and emergency medical personnel, as well as provide excess capacity during emergencies. The 700 MHz D Block would provide this opportunity. Responding to Mr. Davis, Police Chief Hosfelt explained that the federal government is planning to auction off the 700 MHz band to Verizon, Sprint, or another private company; therefore, the draft letter to congressmen includes a request to oppose the auction of the D Block. He stated that it is a public safety goal for the federal government to dedicate the band for public safety use. The Committee recommended approval of the letters in support of the reallocation of the D Block to develop a Nationwide Interoperable Network for Public Safety. By consent agenda, Mr. Salters moved for approval of the letters in support of the D Block to develop a Nationwide Interoperable Network for Public Safety (Exhibits #3 and #4), as recommended by the Committee, seconded by Mrs. Williams and carried by a unanimous roll call vote. Discussion - State Capital Transportation Program Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members that, in the coming months, the Delaware Department of Transportation (DelDOT), the Dover Kent County Metropolitan Planning Organization (MPO), the Wilmington Area Planning Council (WILMAPCO), and Sussex County will be holding public hearings on the State’s Capital Transportation Program for the next fiscal year. She explained that these hearings will begin the process of preparing a capital program that will ultimately be approved as part of the Bond Bill in June 2011. Mrs. Townshend reminded members that each year, City Council ranks transportation projects in the City of Dover in order to share the City’s priorities with DelDOT. (The last ranking

CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 6 of priorities took place at the Safety Advisory and Transportation Meeting of September 30, 2009, and was approved by City Council on October 12, 2009.) Members were provided a copy of the previous year’s priority listing. Mrs. Townshend advised members that, shortly after the start of the new fiscal year, staff received a listing of the Capital Transportation Program for FY 2011 through FY 2016 for Kent County. She noted that, in reviewing this listing, it was discovered that the transportation improvements at the intersection of Roosevelt Avenue and U.S. Route 13 in Dover (total cost of $1,850,000) had been removed from the funding program. Mrs. Townshend explained that, although the project was not included in Council’s priorities, it had been listed in the Capital Transportation Program (CTP). She stated that this was the second consecutive year that the City has discovered the removal of a Dover project from the CTP. In addition, Mrs. Townshend noted that the Clarence Street Extension Project was also removed from the Program. She stated that DelDOT has conveyed that this was removed in error and will be corrected; however, an amendment has not been verified. To ensure that Council members are aware of projects currently funded in the CTP and in order for the City to advocate preserving the funding of these projects in future years, Mrs. Townshend provided members with a summary of projects funded in the FY 2011 through FY 2016 CTP. She advised members that the summary did not include the phase of the project for each year (such as preliminary design, engineering, right of way acquisition, construction), nor did it indicate the funding source (such as State or federal funding). Responding to Mrs. Williams, Mr. Koenig suggested that the City’s objective would be to include these projects in the CTP with zero dollars allocated. He noted that, once projects are excluded from the Program, it is very difficult to reincorporate them. Mr. Koenig explained that a compromise was reached with DelDOT during CTP discussions held last year whereby the City could retain projects in the Program with minimal or no funding. Mr. Bonar suggested that the Committee urge the Mayor and Council to send a letter to Mr. Ralph Reeb, Director of Planning, DelDOT, requesting his support of the City’s position. He also suggested that the Mayor, Mrs. Townshend, and Mr. George Wright, Executive Director of the Delaware League of Local Governments, monitor the status of transportation projects proposed to be included in the Bond Bill and also meet with Representative William Carson (Chair of the House Transportation Committee), Senator Harris McDowell, and Senator Nancy Cook well in advance so that they are aware of the City’s concerns. The Committee recommended that the Mayor and Mrs. Townshend finalize the list of City Capital Transportation Program priorities that will be ranked by members during their September meeting, provide this list to Mr. Ralph Reeb and other appropriate DelDOT officials and, following the November State elections, meet with legislators to obtain their support for these projects. Mr. Salters moved for approval of the Committee’s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 7 By consent agenda, Mr. Salters moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mrs. Williams and carried by a unanimous roll call vote. MONTHLY REPORTS - JULY 2010 By motion of Mr. Salters, seconded by Mrs. Williams and carried by a unanimous roll call vote, the following monthly reports were accepted by consent agenda: Budget Report Chief of Police Report City Assessor’s Report City Manager's Report City Planner’s Report Dover Fire Department Report AUTHORIZATION TO LEASE - ISERIES (AS400) SERVER REPLACEMENT Mr. Anthony DePrima, City Manager, advised members that the City currently processes all utility billing, parcel management, tax billing, licenses and permits, etc., on the existing IBM iSeries Model 525 server which is under a 36-month lease. He noted that the lease was scheduled to expire on September 11, 2010, at which time it would convert to a month-to-month lease with payments of $1,778. Mr. DePrima explained that this system is nearing the end of its useful life, and that the City has an opportunity to lease newer, larger, and faster technology which should provide reliable service for five (5) or more years for less than the current cost. He stated that the new system includes five (5) years of hardware and software support, even though the lease ends after three (3) years. At the end of three (3) years, the City would have a $1 buyout option. He noted that this would provide two (2) full years of service and support with no additional fees. Members were advised that SPS VAR is the only company that provides this service and is, therefore, the sole vendor. The total price, in the amount of $51,018.76, represents 36 monthly lease payments of $1,417.16, which includes $431.78 for the server, $301.09 for five (5) years of hardware/software support, $447.04 for software licenses (unlimited), $65.84 for backup tapes, and $171.41 for installation and migration services. It also includes the $1 buyout at the end of the lease. Staff recommended awarding a purchase order to SPS VAR /IBM Credit LLC for $1,417.16 per month to cover the first 12 months (totaling $17,005.92) of the 36-month lease. Mr. McGiffin moved for approval of staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. EVALUATION OF BIDS - REPAIRS TO UNITS 1, 2, AND 3 COOLING TOWERS Members were reminded that two (2) multi-year CIP projects associated with the cooling towers at the McKee Run Station were developed in 2009 to support the continued operation of the plant. The scope of work was prioritized, with the most critical work being scheduled for Fiscal Year 2011.

CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 8 Mr. Anthony DePrima, City Manager, advised members that a request for proposals was drafted to include a total price for procurement of all replacement materials, removal and disposal of all cooling tower structural members to be replaced, and replacement of structural members and mechanical equipment. The proposals were evaluated using the following criteria: cost, risk (including schedule, exceptions/exemptions, bidder experience), and conformance to bid instructions. Members were provided a summary of the evaluation scores. It was noted that the highest evaluated contractor, Cooling Tower Depot, Inc., was also the low bidder, in the amount of $366,301. Mr. DePrima advised members that there will be other components/services awarded under future proposals in subsequent years to complete the project; however, at this time, staff is confident this project will be under budget. Staff recommended awarding the contract to the low bidder, Cooling Tower Depot, Inc., for $314,625 for the firm price portion and $51,676 for the Time and Materials (T&M) portion of the work, for a total contract award of $366,301. Mr. DePrima stated that the proposed contract addresses the highest priority work requiring immediate attention which is planned for completion in the Fall of 2010. He indicated that this work, in combination with the work scheduled for the years 2012, 2013, and 2014, should extend the useful life of the cooling towers for up to 15 years. Responding to Mr. McGlumphy, Mr. Ken Beard, Assistant Plant Manager, stated that additional work will be necessary for the cooling towers; however, staff anticipates that all costs will be less than the $572,068 budgeted for this project. Mr. McGlumphy moved for approval of staff’s recommendation to award the contract to the low bidder, Cooling Tower Depot, Inc., in the amount of $314,625 for the firm price portion and $51,676 for the Time and Materials (T&M) portion of the work, for a total contract award of $366,301. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote. APPOINTMENT - HEALTH BENEFITS COMMITTEE - RICHARD HUDSON (RETIREE REPRESENTATIVE) During the Health Benefits Committee meeting of August 11, 2010, members recommended revising their membership to include a Retiree Representative. Members considered the appointment of Mr. Richard Hudson to serve on the Health Benefits Committee as the Retiree Representative. By consent agenda, Mr. Salters moved for approval of the appointment of Mr. Hudson to serve on the Health Benefits Committee as the Retiree Representative. The motion was seconded by Mrs. Williams and carried by a unanimous roll call vote. COUNCIL MEMBERS ANNOUNCEMENTS Mr. McGiffin reminded members to mark their calendar for June 26, 2011 for the next African American Festival. Mr. McGiffin also wished Council President Hogan a Happy Birthday.

CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 9 Mr. McGlumphy moved for adjournment, seconded by Mr. Leary and unanimously carried. Meeting Adjourned at 7:43 P.M. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of September 13, 2010, are hereby approved. CARLETON E. CAREY, SR. MAYOR /TM/jg S:\AGENDAS & MINUTES\Council-Minutes\2010\09-13-2010 Council.wpd Exhibits Attached to Original Minutes and File Copy Exhibit #1 - Pictures Depicting Poison Ivy Growth at 628 N. West Street Exhibit #2 - Tax Reassessment Data Exhibit #3 - Draft Letter to U.S. Senators - Support of Reallocation of the D Block to Develop a Nationwide Interoperable Network for Public Safety Exhibit #4 - Draft Letter to U.S. Representatives - Support of Reallocation of the D Block to Develop a Nationwide Interoperable Network for Public Safety

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT (Revised September 27, 2010) The Parks, Recreation, and Community Enhancement Committee meeting was held on September 13, 2010, at 12:00 noon with Chairwoman Russell presiding. Members present were Mr. Ruane, Mr. McGlumphy, Mrs. Horsey, and Mr. Lewis (departed at 1:11 p.m.). Councilman Leary was also present. AGENDA ADDITIONS/DELETIONS Mr. McGlumphy moved to amend the agenda by considering Item #2 - Proposed Ordinance #2010-25 first, seconded by Mrs. Horsey and unanimously carried. Mr. McGlumphy moved for approval of the agenda, as amended, seconded by Mrs. Horsey and unanimously carried. Proposed Ordinance #2010-25 - Amendment to Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 11 - Environmental Protections Mrs. Ann Marie Townshend, Director of Planning and Community Development, reminded members that the Implementation Chapter of the 2008 Comprehensive Plan includes a recommendation that the City update the environmental protection provisions within the Zoning Ordinance. In support of this action, she advised members that the Planning Office assembled a working group which included staff from the City and Department of Natural Resources and Environmental Control (DNREC), consulting engineers, the Kent Conservation District, the Sierra Club, and the Delaware Home Builders Association. Although the Kent County Association of Realtors was invited to participate, she stated that they did not attend any meetings. Mrs. Townshend indicated that the working group met monthly, beginning in January 2010, to discuss updates to the environmental protection section of the Zoning Ordinance. As a result of these discussions, the Planning Office drafted revisions to the Zoning Ordinance that were reviewed and discussed by the participants and ultimately finalized in late August. She stated that the Silver Lake Commission reviewed a draft of the proposed ordinance in August 2010. Members were provided with Proposed Ordinance #2010-25. Mrs. Townshend explained that the proposed amendments add clarity to the current requirements, include guidance for redevelopment within the 100-year flood plain, provide options for buffering water bodies, and grant the Silver Lake Commission the ability to review applications for Silver Lake prior to review by the Planning Commission. Staff recommended that the proposed ordinance be forwarded to City Council for a First Reading on September 27, 2010, referred to the Planning Commission for consideration on October 18, 2010, and that the Final Reading and public hearing be set before City Council on November 8, 2010. In response to Mr. Ruane, Mrs. Townshend indicated that the flood hazard area is defined as the 100-year flood plain, as depicted on the most recent maps adopted by the Federal Emergency Management Agency (FEMA). She stated that FEMA updates these maps every five (5) years and the last update was accomplished in 2005. Mr. Ruane noted that the City has been attempting to have flood plain maps in the Puncheon Run area revised for some time and reminded members that the City prohibits residents from constructing certain types of structures, such as patios, in these

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF SEPTEMBER 13, 2010 PAGE 2 areas. Mrs. Townshend explained that the flood plain map identifies the boundary of the flood plain, as well as the flood elevation; therefore, if topographical information indicates that the actual flood plain is different from the map, this information is considered, provided there is supporting evidence. Mr. Michael Albert, Planner II, stated that there are provisions in the ordinance that specifically exempt existing homes in the area from the restrictions mentioned by Mr. Ruane. Mr. McGlumphy relayed concerns that the proposed ordinance contains topics that are embedded in different areas of the document, such as waivers. He suggested that changes in the ordinance be clearly identified, explaining that it is difficult for the layman to understand some of the provisions included. Responding to Mrs. Russell, Mrs. Townshend suggested that the synopsis be amended to include details which address the concerns relayed by Mr. McGlumphy. It was also suggested that staff issue a press release, advertising the public hearing, to alert property owners within a flood plain. Mr. McGlumphy moved to recommend approval of staff’s recommendation that Proposed Ordinance #2010-25, with the recommended adjustments suggested by the Committee (Attachment #1), be forwarded to City Council for a First Reading on September 27, 2010, referred to the Planning Commission for consideration on October 18, 2010, and that the Final Reading and public hearing be set before City Council on November 8, 2010. The motion was seconded by Mrs. Horsey and unanimously carried. Presentation - St. Jones River Stabilization Mr. Zachary Carter, Director of Parks and Recreation, introduced Mr. Dean Holden, Chairman of the Silver Lake Commission. Members were provided detailed information regarding the St. Jones River Stabilization Project. Mr. Holden advised members that the St. Jones River Stabilization Project will not only beautify the area but also improve water quality. He noted that public workshops were held and that the final construction documents were developed with consideration of public input. Mr. Lyle Jones, Program Manager, DNREC Watershed Assessment Division, reviewed the information provided to members regarding the St. Jones River Stabilization Project. Responding to Mr. Lewis, Mr. Jones indicated that, upon approval by the City, DNREC will move forward with the project. He advised members that DNREC is currently in the process of obtaining federal and State permits and, if the permits are granted, a meeting will be held with the Army Corps of Engineers to discuss plans for proceeding. With regards to Mirror Lake, Mr. Jones stated that there are complicated issues involving this area due to contaminated sediments, the need for dredging, and problems with grading. He advised

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF SEPTEMBER 13, 2010 PAGE 3 members that DNREC would make a presentation to the City, in the near future, outlining recommendations for improvement. In response to Mrs. Horsey’s concerns regarding debris, Mr. Jones stated that the State and the City share responsibility for maintaining the waterways in the Court Street Bridge area. He recommended the use of a youth corps to clean up these areas and maintain the buffers. Mrs. Russell suggested the possibility of consulting with the City’s Youth Advisory Committee on this project. With regards to the poison ivy which Mrs. Horsey indicated can be observed from the Court Street bridge, Mr. Carter stated that he would request the Grounds Department staff to investigate possible removal. Mr. Ruane commended the leadership of the Silver Lake Commission and DNREC for the work that has been accomplished over the years and their partnership with the City of Dover. Mr. Ruane moved to recommend approval of the St. Jones River Stabilization Presentation, seconded by Mr. McGlumphy and unanimously carried. Fund Expenditure Guidelines - Youth Advisory Committee Mr. Anthony DePrima, City Manager, reminded members that the City formed a Youth Advisory Committee in 2009 for the purpose of advising the City on youth activities and issues. He noted that this Committee has been given a budget of $1,000 annually. Mr. DePrima advised members that he, the City Clerk, and the Controller/Treasurer discussed the development of procedures to allow the Youth Advisory Committee to expend budgeted funds. As a result, Financial Procedure #F358 was developed and presented for the Committee’s review. Mr. DePrima stated that finance procedures are not required to be approved by City Council; however, staff requested Council’s concurrence in this instance due to the involvement of an advisory committee that reports to City Council. Staff recommended acceptance of Finance Procedure #F358: “Youth Advisory Committee Spending.” Mr. Lewis moved to recommend acceptance of Finance Procedure #F358: “Youth Advisory Committee Spending” (Attachment #2), as recommended by staff. The motion was seconded by Mrs. Horsey and unanimously carried. Benchmarks Established for the Economic Development Office Mr. William Neaton, Director of Economic Development, reviewed objectives and measures for the Economic Development Office, which included goals and accomplishments for the Downtown Dover Partnership (DDP), Downtown Dover business growth, and City-wide economic development. He also reviewed FY2009-2010 Strategic Accomplishments for the Economic Development Office.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF SEPTEMBER 13, 2010 PAGE 4 Mr. Neaton advised members that the following DDP accomplishments were not included in the benchmarks: 1. Sale of several properties to Mr. Robert Duncan (properties along Loockerman Street east of the Duncan Center) in the amount of $290,000. 2. Completion of property sales to Mr. Charlie Grimes on West Street in the amount of $225,000 (relocation of NAPA). 3. Purchase of C. Moore’s building at a sheriff’s sale for $225,000 (noting that the property requires asbestos abatement, which will begin in October), allowing the DDP to begin renovations or locate an interested developer. 4. Completion of a lease for the Dover Interfaith Mission. 5. Completion of an agreement for the Inner-City Cultural League to lease a second parcel of land immediately adjacent to the planned NAPA building location. 6. Utilization of a U.S. Department of Agriculture (USDA) grant in the amount of $44,000 by the DDP to host seven (7) business development workshops that provided information on marketing techniques, green business, and developing business plans. Mr. Neaton noted that there were 160 attendees and that these types of workshops will continue to be held. In response to Mr. Ruane regarding the development of the Dover Transit Center, Mr. Neaton stated that the total cost of the Transit Center was estimated to be $13M and that $5M in stimulus funds was allocated for the project, which would fund construction of the horizontal (ground) portion of the building. He noted that the DDP had been working with the Delaware Department of Transportation (DelDOT) on plans to construct the remainder of the building. He indicated that State transit operations will be housed in the Center, the Kent County Metropolitan Planning Organization (MPO) has committed to relocate to the building, and EZ Pass has made a tentative commitment. Mr. Neaton noted that DelDOT requested the DDP to join a public/private partnership to develop the 30,000 sq. ft. structure; however, the DDP declined to participate with DelDOT in this partnership. Instead, the DDP will look for private sector partners to build the transit center. Further clarifying, Mr. Anthony DePrima, City Manager, explained that it would be advantageous for the City to be involved in both the construction of the facility and the ownership/operation of the building. He stated that if the DDP joined the DelDOT public/private partnership, the DDP would be prohibited from competing with private developers when bids are submitted for the construction and development of the site. For this reason, the City declined the opportunity to join the partnership. However, the City would have the opportunity to participate in the design of the building through the process of Planning Commission review, etc. Mr. Neaton stated that the ground level portion of the structure is proposed to be completed by the end of the year and the second phase of the project would be completed through the work of the public/private partnership. He felt confident that plans for the Center would come to fruition.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF SEPTEMBER 13, 2010 PAGE 5 In regards to the Economic Development benchmarks report, Mr. McGlumphy requested that, in the future, staff provide specific information for the measurements, such as the inclusion of the survey mentioned under the measure “monitor downtown merchant and business owner satisfaction” and the names of new businesses as mentioned under the measure “monitor number of businesses opened in the Downtown Target Area.” In addition, he requested that members be provided with the number of jobs created from an opening business and the number lost from a closing business. Mr. McGlumphy relayed his concerns with the unfavorable appearance of the Route 13 corridor which serves as the “gateway” to the City. In response, Mr. Neaton advised members that Governor Jack Markell is interested in improving this area, as well as Downtown Dover. He advised members that he maintains a close relationship with the State Economic Development Director and intends to discuss these matters with him. Mr. Ruane expressed his appreciation for the progress that has been made by the City’s Economic Development Office. Mr. Ruane moved to recommend acceptance of the report provided on the Benchmarks Established for the Economic Development Office, seconded by Mr. McGlumphy and unanimously carried. UPDATES The following updates were provided: Puncheon Run Watershed Action Team Update Mr. Scott Koenig, Public Services Manager/Director of Public Works, advised members that the Kent Conservation District is working on contacting property owners near the new Governors Avenue bridge regarding a flood mitigation project that would create an overflow channel on the existing stream bed for larger storm events. He stated that the proposed project affects two (2) property owners and that both seem to be receptive to these improvements. Mr. Koenig stated that he has requested the incorporation of Puncheon Run flood plain mapping into this project. Planning and Funding for New Library Mr. Zachary Carter, Parks and Recreation Director, reviewed updated information regarding planning and funding for the new library. He reminded members that, although $2.5M was requested from the State of Delaware Bond Bill, a total of $3.2M was received. He stated that the State is committed to this program and the projected Library completion date is September 2012. Mrs. Donna Mitchell, Controller/Treasurer, noted that the additional funds mentioned by Mr. Carter were allocated funds that were received sooner than the City anticipated and did not represent an increase in funding. She reviewed the updated schedule of cost and funding sources for the Library project and indicated that the schedule outlines the fundraising dollars received to date by the Library Foundation (Attachment #3). Mrs. Mitchell assured members that the schedule was being updated regularly and is reviewed by herself, the City Manager, the Director of Parks and Recreation, and the Library Director.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF SEPTEMBER 13, 2010 PAGE 6 Mr. Anthony DePrima, City Manager, noted that the economic recession is affecting fundraising efforts for the Library and stated that the City is in discussion with project architects to find possible ways to cut expenses. He stated that several million dollars of contingencies were included in the Library budget and will be examined for reductions as construction approaches. In addition, he noted that the City could consider “phasing” completion of some projects; for example, outfitting the technology and multi-purpose rooms in the Library could be postponed if funding was not immediately available. He stated that updated estimates will be presented to the Legislative, Finance, and Administration Committee during their meeting scheduled for October 11, 2010 and the financing plans will be reviewed at that time. Mr. Ruane moved for acceptance of the Updates, seconded by Mr. McGlumphy and unanimously carried. Mr. Ruane moved for adjournment, seconded by Mr. McGlumphy and unanimously carried. Meeting Adjourned at 1:40 P.M. Respectfully submitted, Sophia R. Russell Chairwoman SRR/JS/jg/ac/tm/dd S:\AGENDAS & MINUTES\Committee-Minutes\2010\09-13-2010 PR&CE Revised.wpd Attachments Attachment #1 - Proposed Ordinance #2010-25 - Amendment to Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 11 - Environmental Protections Attachment #2 - Finance Procedure #F358: “Youth Advisory Committee Spending” Attachment #3 - Updated Schedule of Costs and Funding Sources for the Library Project

ATTACHMENT #1 PR&CE Committee Meeting of 09/13/2010 FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2010-25 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Appendix B – Zoning, Article 5 – Supplementary Regulations, be amended by adding the 5 text shown in blue bold italics font and deleting the text shown in red bold strikethrough, as 6 follows: 7 8 Section 11. Environmental protection. 9 10 11.1 Purpose. The purpose of this section is to protect public health and safety by 11 ensuring that environmental standards for water, air, and soil in the City of Dover 12 adequately address current practices in the realm of environmental protection. 13 Further, it is the intent of this section to protect environmentally sensitive land as well 14 as the plants and animals that reside on that land. 15 16 11.1 11.2 Environmentally sensitive areas and scarce resources. All land areas which 17 contain one of the following natural features or combination of these features shall be 18 considered to be an environmentally sensitive area or an area of scarce resources subject 19 to specific requirements for environmental protection and conservation: flood hazard 20 areas, steep slopes, water bodies and wetlands, wet soils, woodlands, significant wildlife 21 habitats, prime agricultural soils and designated scenic areas. 22 23 11.11 11.21 Flood hazard areas. All flood hazard areas shall remain as 24 permanent natural open space, except for the construction of roads for which 25 design approval is obtained from the Delaware Department of Natural 26 Resources and Environmental Control and the Delaware Department of 27 Transportation authorized by the City of Dover and/or the Delaware 28 Department of Transportation. 29 30 a) For the purposes of this section, Natural Open Space is defined as an 31 area of land that excludes buildings, structures, and impervious 32 surface from being constructed on or located within the area. For 33 evaluating Flood Hazard Areas, patios, cement slabs, sidewalks, and 34 other similar constructs are considered to be structures and are 35 similarly prohibited. 36 37 11.211 Redevelopment. Existing uses or buildings located within a flood 38 hazard area are considered to be non-conforming structures and are 39 subject to the following requirements. 40 41 a) Non-residential uses existing in a flood hazard area seeking to 42 redevelop a property under the requirements of Article 10 are Page 1 of 7

43 required to reduce impervious surfaces for the property by 15% 44 from the pre-redevelopment conditions. 45 46 b) For projects where less than 33% of the total land area involved 47 is located within a flood hazard area, the planning commission 48 may waive or reduce the amount of required reduction in 49 impervious surfaces. For projects being reviewed under 50 administrative site plan review, the city planner may waive or 51 reduce the amount of required reduction in impervious cover for 52 projects where less than 33% of the total land area involved is 53 located within a flood hazard area. 54 55 c) New residential building construction or additions of impervious 56 surface are not permitted in pervious areas of the flood hazard 57 area. 58 59 11.12Slopes. In areas of steep slopes above eight percent, no more than 40 60 percent of the land shall be developed and/or regraded or stripped of 61 vegetation. 62 63 11.13 11.12 Water bodies and wetlands. Lakes, ponds, rivers, and streams 64 Water bodies and wetlands shall be left as permanent open space. No 65 development, filling, piping or diverting shall be permitted, except for required 66 roads, to be approved by the Delaware Department of Transportation United 67 States Army Corps of Engineers and/or the Delaware Department of Natural 68 Resources and Environmental Control. No structures, except stairs and ramps, 69 fences, open decks, patios or docks with a combined area of 200 square feet 70 or less are permitted to be constructed within 75 feet of the shore line of any 71 permanent fresh water lake over one-fourth acre in size or within 100 feet of 72 the mean high tide line for tidal and wetlands. No structures are permitted 73 within 50 feet of the centerline of permanent or intermittent streams or 74 within 25 feet beyond the limits of the floodplain, whichever is greater. 75 Within these same areas, the clearing or removal of natural ground cover or 76 vegetation, including the cultivation of the soil for agricultural purposes, is 77 prohibited. 78 79 11.121 For the purposes of this section, the following, as depicted on the 80 most recent USGS Topographic Maps, shall be defined as water bodies 81 for the purposes of this Section: Cahoon Branch, Dover Run, Fork 82 Branch, Little River, Maidstone Branch, McKee Run, Morgan Branch, 83 Muddy Branch, Puncheon Run, Silver Lake, St. Jones River,. 84 85 11.122 Setbacks. All buildings, structures, and impervious surfaces shall 86 be set back at least 100 feet from the top of bank from wetland areas 87 greater than 0.25 acres in size and from all water bodies. Patios, cement 88 slabs, sidewalks, and other similar constructs are considered to be 89 impervious surfaces. Within this 100 foot setback, vegetative ground 90 cover is required. This setback may be reduced under the conditions set 91 forth as follows: Page 2 of 7

92 93 Figure 11-1 94 (US Dept. of the Interior) 95 96 Aquatics Riparian Upland 97 Buffer 98 99 a) The setback may be reduced to 50 feet from the top of 100 bank provided that a riparian buffer is established in the 101 setback, consisting of native vegetation. (See figure 11-1) 102 103 b) The setback may be reduced to 30 feet from the top of 104 bank provided that a riparian buffer is established in the 105 setback, consisting of native vegetation and provided that 106 bank stabilization is implemented through the planting of 107 native species. (See figure 11-1) 108 109 c) Single family residential uses may reduce the setback 110 requirement to 75 feet of the top of bank. 111 112 d) Removal of buffer plantings without approval. The 113 removal of native vegetation or plantings required for the 114 purposes of riparian buffers for any purpose whatsoever, 115 except the establishment of pathways (not greater than 116 eight feet in width), shall be prohibited unless approved 117 by the planning commission through the site plan, 118 conditional use, or subdivision review process. 119 120 e) Plantings in a riparian buffer that are removed without 121 permission must be replaced with similar plantings within 122 30 days of removal. The City Planner may extend this 123 time frame where and if weather conditions necessitate a 124 delay. 125 Page 3 of 7

126 f) Exceptions to the setback requirements. Stairs, ramps, 127 open decks, patios, and decks necessary for access to 128 natural features with a combined total of 200 square feet 129 in size are exempt from the setback restrictions. Paved 130 trails and sidewalks of up to 6 feet in width or less are 131 exempt from the setback restrictions as defined in this 132 section. 133 134 11.14 11.13 Wet soils. No construction shall be permitted where the seasonally 135 high water table is within 2 1/2 feet of the surface unless crawl space, piles or slab 136 on grade with provisions to prevent water seepage will be used to prevent water 137 damage to the building. The proposed construction techniques must be approved 138 by the building inspector in accordance with City of Dover Building Code and 139 must meet or exceed the standards of the Federal Housing Administration. 140 141 No basements or cellars shall be permitted to be constructed at a depth greater 142 than two feet above below the seasonal high water table, unless special measures 143 are taken to prevent water damage to the building. Such measures must be 144 approved by the building inspector and must meet or exceed the standards of the 145 Federal Housing Administration. 146 147 11.131 Requirements for development applications. Site development 148 applications appearing before the planning commission must include 149 either a wetland delineation prepared by a licensed/registered soil 150 scientist, wetlands scientist, or professional engineer in accordance with 151 US Army Corps of Engineers standards; or provide a statement from the 152 design professional that no wetlands are present on the site. 153 154 11.132 Requirements for major subdivision applications. Subdivision 155 plans must identify the seasonal high water table on each lot if 156 basements are proposed for those lots. A licensed Class D Soil Scientist 157 is required to determine the seasonal high water table and this 158 information must be displayed on the subdivision plat. This information 159 must also be present in the deed and plot plan for each property. 160 Basements may be prohibited where severe groundwater conditions 161 exist. 162 163 a) A lot specific study may be substituted for the recorded seasonal 164 high water table as per the subdivision plan. 165 166 11.15 11.14 Significant wildlife habitat. Natural features that constitute 167 significant wildlife habitats are considered to be environmentally sensitive 168 features and a scarce resource deserving of protection. The natural features that 169 typically provide significant wildlife habitat include wetlands and marsh areas 170 that provide nesting and breeding grounds for water fowl and support a wide 171 variety of aquatic life; wooded areas in general, but most especially the edges of 172 the wooded areas adjacent to open fields and along stream corridors; freshwater 173 marsh and wetland areas, old fields and hedgerows; and natural areas of grasses 174 and shrubs along the edges of open fields, drainage channels and wetlands. Page 4 of 7

175 Applications for subdivision plan and site development plan approval shall 176 include the identification of all areas and features which constitute significant 177 wildlife habitat as part of the documentation of existing site conditions. The 178 protection and preservation of wildlife habitat shall be considered to be an 179 important factor in the approval or disapproval of proposed developments by 180 the planning commission in development review. 181 182 11.16 Prime agricultural land. All land areas consisting of class I soils, as 183 defined by the United States Department of Agriculture Natural Resources 184 Conservation Service publication "Soil Survey, Kent County, Delaware," are 185 hereby classified as prime agricultural lands because of their productive 186 capabilities as cropland. Undeveloped prime agricultural land is considered 187 to be a scarce resource locally and nationally and its conversion to urban 188 land use is strongly discouraged. Applications for subdivision plan or site 189 development plan approval shall include the identification of the presence of 190 an extent of prime agricultural land as part of the documentation of [the] 191 existing site condition. The protection and preservation of the prime 192 agricultural lands on the site to the maximum extent possible shall be 193 considered to be an important factor in the approval or disapproval of 194 proposed developments by the planning commission. 195 196 11.17 11.15 Scenic resources. Scenic resources shall consist of the following: 197 mature woodlands and most especially the edges of wooded areas adjacent to 198 open fields, wetlands or urbanized areas; other areas of mature natural vegetation 199 such as marsh grasses; the historic district and areas listed on the National 200 Register of Historic Places the Victorian district; [and] freestanding historic 201 buildings and sites and other buildings or districts of the city exhibiting particular 202 architectural or visual merit buildings and places of special public or cultural 203 significance, and significant views and view corridors to buildings or places of 204 architectural, visual, public or cultural value and to attractive natural areas. 205 Application for subdivision plan or site development plan approval shall include, 206 as a part of the documentation of existing site conditions, the presence of and 207 location of all scenic resources. The preservation and enhancement of the scenic 208 resources potentially affected by the proposed development shall be considered as 209 an important factor in the approval or disapproval of the proposed 210 development by the planning commission in development review. 211 212 11.151 Silver Lake. All Site Plan, Conditional Use Site Plan, or 213 Subdivision applications for parcels where any boundary of the parcel is 214 abutting Silver Lake is required to go before the Silver Lake 215 Commission prior to appearing before planning commission. The Silver 216 Lake Commission shall provide advisory comments for the planning 217 commission on such applications. 218 219 11.18 11.16 Combinations of environmentally sensitive features and scarce 220 resources. Wherever more than one environmentally sensitive feature or scarce 221 resource is present on a site in combination, special care shall be taken in both the 222 documentation of existing conditions on a site being considered for development Page 5 of 7

223 and in the planning commission's review of a specific subdivision plan or site 224 development plan application. 225 226 In general, the use of available development options such as planned residential 227 developments, cluster developments and rural residential cluster developments is 228 strongly encouraged to take advantage of the design and the planning feasibility in 229 new development projects afforded by these options to preserve and protect 230 environmentally sensitive features and the natural processes associated with these 231 features to the maximum extent possible. 232 233 11.2 11.3 Stormwater management. All developments over one acre in size shall be 234 required to limit the rate of stormwater runoff so that no greater rate of runoff is 235 permitted than that of the site in its predevelopment condition. Where farm field or 236 disturbed earth is the predevelopment condition, meadow shall be used as the 237 starting base for such calculations instead of the actual predevelopment condition. 238 The method for such calculations shall be that contained in the United States 239 Department of Agriculture, Natural Resources Conservation "Engineering Field 240 Manual Notice TR-55," as amended. For all developments over five acres in size, a 241 stormwater management plan prepared by a registered engineer or registered 242 landscape architect shall be required as a part of the site development plan 243 submission to the City of Dover, including calculations for increased runoff and the 244 sizing of all pipes and channels and stormwater retention or detention ponds and 245 other stormwater management structures or facilities. All development must be 246 designed, constructed, and maintained in accordance with State of Delaware Sediment 247 and Stormwater regulations. The planning commission may require stormwater 248 management in excess of the minimum regulations in areas with documented drainage 249 problems upon concurrence with the Kent Conservation District, State of Delaware, or 250 the City Engineer. 251 252 11.3 Soil erosion and sedimentation control. All developments shall protect streams, 253 lakes and ponds, marshes and wetlands from sedimentation damage and shall 254 control erosion in accordance with the Delaware State Soil Erosion and 255 Sedimentation Control Act (7 Del. C. § 4001 et seq.), adopted by and administered 256 by the City of Dover. Erosion control measures such as minimizing the area of 257 exposed soil, mulching, building silt catchment basins, and planting temporary 258 ground cover shall be instituted as necessary. 259 260 For all developments over one acre in size, a soil erosion and sedimentation control 261 plan prepared by a registered engineer or registered landscape architect shall be 262 required as part of the site development plan submission to the City of Dover. 263 264 BE IT FURTHER ORDAINED THAT: Appendix B – Zoning, Article 12 – Definitions, be 265 amended by adding the definitions in blue bold italics font in the proper alphabetical order of this 266 article, as follows: 267 268 Vegetative Ground Cover: Grass and a combination of shrubs and/or trees planted or 269 naturally occurring that occupies a portion of a property for the purpose of maintaining or 270 improving water quality or natural conditions of the land. 271 Page 6 of 7

272 Wetlands: Lands that are inundated or saturated by surface or ground water at a frequency 273 and duration sufficient to support, and that under normal circumstances do support, a 274 prevalence of vegetation typically adapted for life in saturated soils conditions. 275 276 SYNOPSIS 277 The proposed ordinance updates the provisions of the Zoning Ordinance 278 relating to environmental protections by: 279 • Clarifying that paving is prohibited within flood hazard areas (100-year flood 280 plain). 281 • Setting forth standards for redevelopment within flood hazard areas. 282 • Removing the 25-foot setback requirement from flood hazard areas. 283 • Creating a variable buffer requirement from waterways, with variation based 284 on planting and bank stabilization. 285 • Identifying exceptions to the buffer requirement, based on amenities that are 286 necessary intrusions (such as decks, patios and docks) for enjoyment of the 287 waterway. 288 • Identifying by name the water bodies to which the buffer requirements apply. 289 • Requiring that a wetland delineation or “statement of no wetlands” be 290 included in all development applications. 291 • Creating a requirement to identify seasonal high water table on lots in 292 residential subdivisions and prohibiting basements below the season high 293 water table. 294 • Giving the Silver Lake Commission a role in reviewing and making advisory 295 comments to the Planning Commission on projects abutting Silver Lake. 296 • Defining “Vegetative Ground Cover” and “Wetlands.” 297 298 299 ADOPTED: * 300 301 Actions History: 302 September 27, 2010 – Proposed First Reading - Council 303 September 13, 2010 – Parks, Recreation and Community Enhancement Committee 304 Page 7 of 7

ATTACHMENT #2 PR&CE Committee Meeting of 09/13/2010 CITY OF DOVER DEPARTMENT OF FINANCE PROCEDURE MANUAL TITLE: YOUTH ADVISORY COMMITTEE SPENDING PROCEDURE # F358 DATE: AUGUST 5, 2010 PURPOSE & SCOPE Establishes the procedures and guidelines for the Youth Advisory Committee to expend City of Dover budgeted funds. The procedure applies to actions of the Youth Advisory Committee and any persons advising the Committee. PROCEDURE ARTICLES 1. Funds shall be budgeted annually by the City Clerk in the City Council’s budget within the “Other Expenses” Line Item Act 110-1200-512-30-37. 2. Total expenditures shall not exceed the total amount approved by the City Council. 3. Expenditures shall not be limited to expenses normally charged to “Other Expenses” or expenses typically charged to other accounts, for example: Office Supplies, Printing, and Travel. 4. All expenditures must be approved by a vote of the Youth Advisory Committee. 5. The Youth Advisory Committee can approve a specific expenditure for a specific purpose or approve expenditures within a general budget that outlines committee plans for the coming fiscal year. 6. All expenditures must follow all other policies and procedures of the City of Dover. Some specific policies that the Committee should adhere to are: a. Community Leader and Organization Recognition Policy b. Hospitality and Civic Function Policy c. Travel Policy d. Purchasing Policy e. All policies and procedures can be found at \\Dover_1\public docs\Policies & Procedures 7. Once the expenditure is approved by the Committee, an advisor will follow the necessary steps to procure the items or services. 8. During the annual October meeting of the Youth Advisory Committee, the Controller shall meet with the Committee to discuss their fiscal responsibility, this procedure, and other city policies that may be relevant to the activities of the Committee. Distribution: Finance Procedure Manual City Clerk’s Office Youth Advisory Committee

ATTACHMENT #3 PR&CE Committee Meeting of 09/13/10 City of Dover Finance Department PO Box 475 Dover DE 19903-0475 Phone: (302-736-7018 FAX: (302) 736-7177 E-Mail: dmitchell @dover.de.us MEMORANDUM To: Chairwoman Sophia Russell Parks & Recreation Committee From: Donna Mitchell, Controller/Treasurer Copy: Tony DePrima, Zachary Carter, & Margery Cyr Date: September 3, 2010 Subject: Library Project Projections As discussed, attached for the Committee’s review and discussion is an updated schedule of cost and funding sources for the Library project. Page two of the schedule will provide you with the fund raising dollars received to date by the Library Foundation. The schedule is being updated regularly and reviewed by myself, the City Manager, Community Services Director, and Library Director.

Page 2 of 3 City of Dover Library Project Schedule of Projected Cost & Funding Sources As of July 31, 2010 SCHEDULED To Date FISCAL YEAR 2010 FY11 WORK DESCRIPTION COST Expenses May-10 Jun-10 Jul-10 Totals Sitework & Landscaping $865,896 $0 $0 $0 $0 $0 Concrete $429,290 $0 $0 $0 $0 $0 Masonry $2,378,968 $0 $0 $0 $0 $0 Structural Steel & Misc.Metals $1,432,450 $0 $0 $0 $0 $0 Timber Roof Decking $168,267 $0 $0 $0 $0 $0 Roofing $444,402 $0 $0 $0 $0 $0 Carpentry & Millwork $474,891 $0 $0 $0 $0 $0 Aluminum Windows/Entrances $1,003,795 $0 $0 $0 $0 $0 CF Metal Framing & Drywall $1,008,442 $0 $0 $0 $0 $0 Finishes $936,673 $0 $0 $0 $0 $0 Specialties $145,681 $0 $0 $0 $0 $0 Raised Floor System $436,562 $0 $0 $0 $0 $0 Conveying Systems $81,000 $0 $0 $0 $0 $0 HVAC & Plumbing Systems $1,874,800 $0 $0 $0 $0 $0 Geothermal Well Field $330,000 $0 $0 $0 $0 $0 Fire Protection System $286,136 $0 $0 $0 $0 $0 Electrical System $1,324,750 $0 $0 $0 $0 $0 Specialty Systems(V/D, Security, Fire Alarm, & PV) $122,820 $0 $0 $0 $0 $0 SUBTOTAL $13,744,823 $0 $0 $0 $0 $0 General Conditions $383,652 $0 $0 $0 $0 $0 Field Supervision Incl. $0 $0 $0 $0 $0 Pre Construction Fee $53,711 $0 $0 $0 $0 $0 Reimbursable Labor $667,432 $0 $0 $0 $0 $0 Builder's Risk/Liability Insurance $41,946 $0 $0 $0 $0 $0 Construction Manager Fee $736,613 $29,813 $0 $0 $0 $29,813 Bldg & Fire Marshal Permit $0 $0 $0 $0 $0 $0 City of Dover Impact Fees (sanitary) $50,000 $0 $0 $0 $0 $0 Subcontractor Bonds $206,172 $0 $0 $0 $0 $0 Inspection, Survey & Testing Fees $175,000 $0 $0 $0 $0 $0 Cost Escalation (2%) $349,089 $0 $0 $0 $0 $0 Bidding & Construction Contingency $1,395,099 $0 $0 $0 $0 $0 SUBTOTAL $4,058,714 $29,813 $0 $0 $0 $29,813 Architect/Engineer/Civil Fee $1,780,354 $976,097 $0 $248,530 $0 $1,224,627 Special Consultants $271,080 $26,200 $0 $3,795 $0 $29,995 Interior/FF&E Design $100,000 $0 $0 $0 $0 $0 Reimburable Expenses $100,000 $50,827 $0 $2,258 $0 $53,085 Commissioning Fee $100,000 $0 $0 $0 $0 $0 Furniture Fixtures & Equipment $1,467,360 $0 $0 $0 $0 $0 Kent Co. Conservation Dist. Fee $5,000 $0 $0 $0 $0 $0 Moving Expenses $25,000 $0 $0 $0 $0 $0 Owner's Contingency $216,523 $0 $0 $0 $0 $0 SUBTOTAL $4,065,318 $1,053,124 $0 $254,583 $0 $1,307,708 SUBTOTAL CONSTRUCTION COST $21,868,855 $1,082,937 $0 $254,583 $0 $1,337,521 Horizon Philanthropic - Fundraising $316,252 $74,159 $10,183 $6,528 $4,281 $95,151 Other Expenses - Foundation & Reserve $3,748 $6,648 $1,960 $1,299 $885 $10,792 SUBTOTAL $320,000 $80,807 $12,143 $7,827 $5,166 $105,943 TOTAL PROJECT COST $22,188,855 $1,163,744 $12,143 $262,410 $5,166 $1,443,464 CUMULATIVE BILLINGS $1,163,744 $1,175,887 $1,438,297 $1,443,463

Page 3 of 3 City of Dover Library Project Schedule of Projected Cost & Funding Sources As of July 31, 2010 Jul-10 To Date To Date FISCAL YEAR 2010 FY11 Likely Funding Sources: Budget Committed Receipts May-10 Jun-10 Jul-10 Totals State Grant $10,164,300 $8,448,657 $586,658 $21,951 $15,825 $0 $624,434 Federal Grants $1,500,000 $0 $0 $0 $0 $0 $0 City Reserve Contributions $3,700,000 $3,592,457 $556,029 $0 $0 $0 $556,029 City Reserve Interest $179,000 $424,858 $413,304 $11,554 $8,808 ($1,373) $432,293 Library Foundation $3,000,000 $933,462 $66,061 $318,489 $155,694 $5,118 $545,362 Sale of 45 S. State St. $1,200,000 $0 $0 $0 $0 $0 $0 Green Energy Grants $215,000 $0 $0 $0 $0 $0 $0 Stimulus Grants $120,000 $0 $0 $0 $0 $0 $0 Friends of the Library $200,000 $0 $0 $0 $0 $0 $0 Community Transp. $100,000 $0 $0 $0 $0 $0 $0 Debt issues Green Energy Bonds $1,500,000 $0 $0 $0 $0 $0 $0 Temp Financing $0 $0 $0 $0 $0 $0 $0 Total Funding Sources $21,878,300 $13,399,434 $1,622,052 $351,994 $180,327 $3,745 $2,158,118 Net Monthly Cash Flow $339,851 ($82,083) ($1,421) Net Cum. Cash Flow ($310,555) $458,308 $798,159 $716,076 $714,655 Cash Balance - Reserve $3,451,049 $3,462,603 $3,471,411 $3,200,701 Cash Balance - Foundation (Includes Xfr from Reserve in 7/10) $48,858 $355,703 $505,192 $773,060 Pledges Actually Received are recorded in funding sources; Outstanding Pledges are included in Committed Column and will be recognized when received; $388,100 Library Foundation Interest is included in the Foundation receipts

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee meeting was held on September 13, 2010 at 6:00 p.m. with Chairman Leary presiding. Members present were Mr. McGiffin, Mr. Salters, Dr. Jones, and Mr. Shevock. Council members present were Council President Hogan, Mr. Bonar, and Mr. Ruane. Mayor Carey was also present. AGENDA ADDITIONS/DELETIONS Mr. Salters moved for approval of the agenda, seconded by Mr. Shevock and unanimously carried. 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 for 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 but if there are no positions to consider, the item could be removed. Librarian II Ms. Marjorie Cyr, Library Director, reviewed a request to recruit for a Librarian II position. She reminded members that, during the Regular Council meeting of December 14, 2009, the Library was granted permission to recruit to fill the Librarian II: Head of Adult Services position. Ms. Cyr explained that an in-house candidate (Librarian I) was promoted in April 2010 to fill this position; however, due to personal matters, this employee is unable to continue employment with the Dover Public Library. She further stated that in May 2010, the City advertised for the position of Librarian I and is requesting that the current vacancy (Librarian II) be filled utilizing the pool of candidates who applied for the Librarian I position. Ms. Cyr assured members that there were several qualified candidates interviewed in August 2010. Mr. Salters moved to recommend approval to recruit for the position of Library II: Head of Adult Services, as requested by staff. The motion was seconded by Mr. McGiffin and unanimously carried. Motor Equipment Operator I (MEO I) - Streets Mr. Scott Koenig, Public Services Manager/Director of Public Works, reviewed a request to recruit for a Motor Equipment Operator I (MEO I) vacancy created by the recent termination of an employee in the Streets Division. Responding to Mr. Shevock regarding the approval of an MEO I in the Sanitation Division on August 23, 2010, Mr. Koenig indicated that the Committee’s recommendation to recruit for that position would be considered by Council during their Regular Meeting being held later in the evening. He stated that, if approved by Council, the position would be advertised as an MEO I in the Sanitation Department; therefore, individuals with experience in sanitation would apply. Mr. Koenig felt that candidates would not equate the position in the Streets Division with openings in the Sanitation Division, and if the two (2) openings were not advertised separately, the pool of qualified applicants would be reduced.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 13, 2010 PAGE 2 Mr. Salters moved to recommend approval to immediately recruit for the position of Motor Equipment Operator I (MEO I) in the Streets Division. The motion was seconded by Mr. McGiffin and unanimously carried. Presentation - Energy Savings Procurement Contracting - Ralph Nigro of Sustainable Energy Utility (SEU) Mr. Anthony DePrima, City Manager, advised members that, several years ago, he became interested in exploring energy procurement contracting for the City. He explained that this concept would involve hiring a company to assess how the City could make existing City-owned buildings more energy efficient, project the cost of making energy-related improvements, determine energy cost savings, and finance the improvements with the City paying the finances back through the energy savings realized. The State of Delaware has created a new agency, Sustainable Energy Utility (SEU), responsible for coordinating and working on energy procurement contracting. Mr. DePrima introduced Mr. Ralph Nigro, Contract Administrator for Delaware Sustainable Energy Utility, and explained that the purpose of bringing this matter to members is to determine the Committee’s and Council’s interest in the idea. Mr. Nigro reviewed the Power Point presentation “Sustainable Energy Utility Performance Contracting.” Responding to Mr. Shevock, Mr. Nigro explained that one of the performance contractors would provide engineering staff to evaluate the facilities and, at the conclusion of this process, a detailed report would be provided. The report would include findings, recommendations for improvement, and associated costs and savings. Mr. Nigro indicated that the City would be aware of the costs and benefits before a contract was negotiated and before committing any money. Assuming the City moved forward with the recommendations, the cost of the assessment would be included in the financing. Mr. Nigro indicated that the performance contractor would do the work “at risk,” bearing the cost necessary to conduct the assessment, and would be paid when the financing closed or, if the City chose not to proceed with the recommendations, the City would only pay for the performance contractor evaluation. He advised members that some of the performance contractors are well established, citing Johnson Controls, Honeywell, Semans, Pepco Energy Services, Constellation Energy Services, Noresco, Amerisco, etc. Mr. Nigro stated that the approximate costs associated with assessment are highly dependent upon the number of facilities evaluated and the complexity of the assessment; however, a “rule of thumb” would be that the assessment would be conducted at a cost of 0.10¢ to 0.15¢ per square foot. Responding to Dr. Jones, Mr. Nigro indicated that performance contractors target at least a 20% overall savings in order for a project to be considered worthwhile; however, it is common for contractors to discover savings of up to 40%-50%.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 13, 2010 PAGE 3 In response to Mr. Ruane, Mr. Nigro stated that consideration of this type of program for new construction falls into a “gray area.” Although he stated this would be possible, parameters have not yet been determined. Mr. Ruane urged the exploration of this possibility, noting that the City has a new project that is being designed and that SEU bonding would assist with the financing of this project. Mr. Nigro assured members that it is not the State’s intention to focus only on existing buildings and noted that the SEU would pursue this matter further, although he indicated that financing related to new construction is more complex. Mr. DePrima stated that, if there were no objections, staff would include the cost of the energy audit in next year’s budget. He indicated that the City would “piggyback” with the SEU by consolidating with other organizations, and then the City would move forward from there. He advised members that City buildings that would be considered include City Hall, the Warehouse, the Recreation Center on Whiteoak Road, and the Public Utilities/Administrative Offices at 5 East Reed Street. No further action was taken by members. Disposition of City Owned Land - 45 S. State Street and Associated Parking Lot Property Mr. Anthony DePrima, City Manager, reminded members that funds from the sale of the current Dover Public Library Building and the associated parking area are anticipated for use in the construction of the new library building. He stated that there have been at least two (2) inquiries from parties interested in purchasing the property. Given the time table for the new library, Mr. DePrima indicated that it was time to begin the process of disposing of the current library building. In accordance with the City of Dover Procedure for Sale and Disposition of Real Property, Mr. DePrima stated that staff has evaluated the property and determined that no City departments have a need for it. Staff has also determined that the current zoning of RGO (Residential and General Office) is not appropriate, and that changing the zoning would enhance the value of the lot. He noted that, in order to prepare the site for sale, it will be necessary to prepare a minor subdivision\lot line adjustment to place the library and parking lot on one (1) parcel and annex the Carriage House to the 5 East Reed Street Property. Mr. DePrima indicated that variances may be needed and advised members that there is a paper alley running through the property that must be abandoned. Members were advised that the City of Dover Procedure for Sale and Disposition of Real Property is a three (3) step process, as follows: 1) Obtain a recommendation from the Legislative, Finance, and Administration Committee to dispose of the property. 2) After accepting the Committee’s recommendation, City Council would advertise the intent to dispose of the property and the pertinent information in a local paper once a week for two (2) weeks. As a result, any correspondence on the sale of the property would be part of the public record. City Council would then hold a public hearing for the purpose of taking public comment on the sale.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 13, 2010 PAGE 4 3) After considering public comments and the public record, City Council would determine whether it is in the best interest of the City to sell the property as well as the method of sale and level of advertising. Staff recommended that Council designate the property as excess real estate and authorize the City Manager to publicize the pertinent information concerning the surplus parcel and its availability for purchase at least once a week for two (2) weeks in a local newspaper, and hold a public hearing before Council to allow public comment on the proposed sale. It was noted that further action would be required to authorize the City Manager to obtain the necessary zoning and planning approvals for the rezoning, minor subdivision, alley abandonment, and possible variances. Responding to Mr. Shevock, Mr. DePrima stated that a lease purchase for the property was a possibility. In response to Mr. Salters, Mr. DePrima stated that, if the City retains the building, it would create a $1.2M deficit in the finance plan for the new library. He noted that the building was assessed at $1.4M by the City Assessor and reminded members that the current timeline for occupancy of the new Library is September 2012. For clarification, Mr. DePrima stated that the Carriage House utilized by the Friends of the Library would not be part of the sale and would become a part of the 5 East Reed Street property. The carriage house, a small garage located on the property, is included as part of the sale. Mr. McGiffin moved to recommend that Council designate the property as excess real estate and authorize the City Manager to publicize the pertinent information concerning the surplus parcel and its availability for purchase at least once a week for two (2) weeks in a local newspaper, and hold a public hearing before Council to allow public comment on the proposed sale. The motion was seconded by Dr. Jones and unanimously carried. FY 2011 Budget Amendment - Project Budgets Members were provided draft Budget Ordinance #2010-26, including the final budget balances and project budget balances carried forward from FY10 for incorporation into the FY11 Budget. Mrs. Donna Mitchell, Controller/ Treasurer, reviewed the major points regarding the re-appropriation of funds for projects that were not completed in the previous fiscal year. In addition, she advised members that some “clean-up” amendments unrelated to projects were required, as follows: 1) The General Fund changes reflect a reduction in the Fire Department budget due to apparatus loan payments being less than budgeted by $64,510 and the removal of a transfer from the Capital Asset Reserve in the amount of $140,000. The need for the transfer was resolved by a greater FY10 ending budget balance, along with the reduction in the Fire Department budget.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 13, 2010 PAGE 5 2) The Wastewater Utility had a negative Beginning Budget Balance of $45,665, which will be reversed in FY11. This was attributed to the timing of receipts from the State Revolving Fund Loan. The State loans work as a line of credit and reimbursements are drawn as money is spent on the projects. This reduces the City’s interest cost, since the City only pays on the loans for the principal outstanding at the time until the projects are completed. 3) The Electric Utility ended the year with a higher than projected Beginning Budget Balance by $1,643,065. The Controller/Treasurer recommended that $1M of the savings be transferred to the Depreciation Reserve to meet the City’s policy requirement sooner than forecasted. The transfer would be included in the Budget Ordinance if the Committee agrees with the recommended action. The remaining savings may be needed to complete the Unit #1 Boiler repairs. Mrs. Mitchell indicated that Council would be briefed on this project in the near future. Savings are a result of the following major items: a) The bonded projects came in under budget and the remaining proceeds were used for distribution upgrades that were originally planned to be paid from operating fund transfers and/or reserves; b) The economy impacted new development projects; therefore, all budgeted dollars were not spent; and c) Significant savings were realized on the Governors Avenue project, since the City budgeted for the installation of conduit to bury the electric lines and the State is covering this cost. Mrs. Mitchell noted that the budget amendment is being presented earlier than normal. She explained that, by submitting these project carry forward balances prior to the completion of the annual audit, staff would be able to enter the correct balances in the financial system. This would alleviate a great deal of manual work required to track funds. Staff recommended adoption of the Budget Ordinance, with the recommendation to transfer $1M to the Depreciation Reserve from the Electric Improvement & Extension (I & E) Fund, to be forwarded to City Council for a First Reading on September 27, 2010. Responding to Mr. Ruane, Mrs. Mitchell stated that an analysis has not been conducted to determine the impact if the $1M were utilized to reduce electric rates rather than being transferred to the Depreciation Reserve. She explained that since the excess carry forward monies were in the Capital Improvement Fund and not the Operating Fund, the funds were put back into the Depreciation Reserve, since these reserves were used in the past to help pay for projects and the fund dropped below policy levels. Mrs. Mitchell noted that a transfer from the Electric Fund to the I & E Fund in the amount of $3.5M was included. She suggested that Council may wish to reduce that amount to $2.5M, which would provide $1M to be used for customers.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 13, 2010 PAGE 6 Mr. Ruane requested that Council be provided such an analysis when this matter is presented for consideration. Responding, Mrs. Mitchell requested guidance relative to an effective date. She reminded members of the work currently being required by the Finance Department and the time it would take for staff to conduct the requested analysis. In response to Dr. Jones, Mrs. Mitchell suggested that the analysis could be accomplished by the end of October. She suggested that, as an alternative, the Committee’s recommendation could exclude staff’s recommendation regarding the transfer of $1M to the Depreciation Reserve from the Electric I & E Fund to be considered at a later time. Mr. Salters moved to recommend approval of the Budget Amendments, as recommended by staff, seconded by Mr. Shevock. Mr. Ruane questioned the urgency for the Depreciation Reserve to be at $10M, feeling that there may be a missed opportunity to assist the City’s constituents, particularly during these difficult economic times. The motion recommending adoption of Proposed Ordinance #2010-26, Proposed Budget Amendment - Fiscal Year 2011 (Attachment #1), with the recommendation to transfer $1M to the Depreciation Reserve from the Electric Improvement & Extension (I & E) Fund, to be forwarded to City Council for a First Reading on September 27, 2010, as recommended by staff, was carried with Mr. McGiffin and Dr. Jones voting no. Discussion - Public Notice for Planning Applications Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members that Council had requested that the City’s public notice requirements for planning applications be updated. In addition to this update, she stated that staff has begun a comprehensive update of Article 10 of the Zoning Ordinance which addresses the procedures for various applications reviewed by the Planning Office, the Planning Commission, and the Historic District Commission. Mrs. Townshend indicated that last September she reviewed the public notice requirements of other local governments in Delaware. Based on the research that staff performed and the guidance provided by City Council and the Committee, staff proposed that Code amendments be brought forward for consideration later this fall which would include the following changes to public notice requirements: 1) Increase in distance for mailed notice from 200 feet from the subject property to 300 feet from the subject property; 2) Change the date of mailed notice and newspaper publication from 10 days prior to Planning Commission hearings to 15 days prior to Planning Commission hearings;

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF SEPTEMBER 13, 2010 PAGE 7 3) Add a new requirement to physically post a notice on the subject property in a conspicuous location. Since several members of the Committee and/or City Council had expressed specific interest in the issue of public notification, Mrs. Townshend stated that these recommendations were being presented for discussion prior to completion of the proposed code amendments. In response to Mr. Ruane, Mrs. Townshend indicated that the distance for notifying property owners could vary significantly depending upon the size of the subject property. In conducting research, she stated that there were no other municipalities or counties in the State that had a notification requirement of greater than 300 feet. Additionally, she felt that physically posting a notice on the subject property would have more impact than a mailed notice. Mrs. Townshend did not feel that increasing the notification requirement to 500 feet from the subject property would reach significantly more property owners. By unanimous consent, the meeting adjourned at 7:05 P.M. Respectfully submitted, Thomas J. Leary Chairman TJL/TM/jg/js/dd/ac S:\AGENDAS & MINUTES\Committee-Minutes\2010\09-13-2010 LF&A.wpd Attachment Attachment #1 - Proposed Ordinance #2010-26 - FY2011 Budget Amendments

ATTACHMENT #1 LF&A Committee Meeting of 09/13/2010 1 of 3 FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2011-26 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 2 The amounts hereinafter named in various City funds are changed from the currently approved revenues/receipts 3 and appropriations to the revised revenues/receipts and revised appropriations for use by the various departments 4 of the Municipal Government for: 5 City of Dove r 6 Gove rnm e nta l Ca pita l Proje cts Fund 7 Propose d Budge t Am e ndm e nt - Fisca l Ye a r 2011 2010/11 2010/11 BUDGET REVISED 8 BUDGET ADJUSTMENTS BUDGET 9 BEGINNING BALANCE & RECEIPTS: 10 BEGINNING BALANCE - PROJEC TS $ 65,479 $ 162,113 $ 227,592 11 BEGINNING BALANCE - LIBRARY - 34,583 34,583 12 STATE GRAN TS 3,343,520 888,828 4,232,348 13 INTEREST EARN INGS 10,900 - 10,900 14 POLICE GRAN TS 18,000 - 18,000 15 LIBR ARY BOND ISSUE/CONTRIBUTIONS 1,000,000 - 1,000,000 16 TRANSFER FROM GEN ERAL FUND FOR PROJECTS 1,307,839 - 1,307,839 17 TRANSFER FROM PARKLAND RESERVE (JWP ADDTN) - 36,872 36,872 18 TRANSFER FROM LIBRARY RESERVE 2,343,519 20,213 2,363,732 19 TRANSFER FROM CAPITAL ASSET R ESER VE 140,000 (140,000) - 20 TOTAL BUDGET $ 8,229,257 $ 1,002,609 $ 9,231,866 21 DEPARTMENT EXPENDITURES: 22 FIRE $ 288,210 $ (64,510) $ 223,700 23 GROUNDS MAINTENANC E 63,675 - 63,675 24 LIBR ARY 6,687,039 943,624 7,630,663 25 RECREATION 45,000 36,872 81,872 26 POLICE 282,380 53,500 335,880 27 STREETS 481,055 - 481,055 28 SANITATION 246,075 - 246,075 29 INFORMATION TECHNOLOGY 12,000 - 12,000 30 MAYOR 31,500 - 31,500 31 TOTAL EXPENDITURES $ 8,136,934 $ 969,486 $ 9,106,420 32 CUR RENT YEAR BALAN CE - PROJECTS 92,323 33,123 125,446 33 TOTAL BUDGET $ 8,229,257 $ 1,002,609 $ 9,231,866

2 of 3 FIRST READING 34 City of Dove r 35 W a te r/W a ste rw a te r Im prove m e nt & Ex te nsion Fund 36 Propose d Budge t Am e ndm e nt - Fisca l Ye a r 2011 2010/11 2010/11 BUDGET REVISED 37 BUDGET ADJUSTMENTS BUDGET 38 BEGINNING BALANCE & RECEIPTS: 39 PRIOR YEAR BALANC E - WATER $ 743,431 $ 847,443 $ 1,590,874 40 PRIOR YEAR BALANC E - WASTEWATER 543,668 (589,333) (45,665) 41 BOND PROCEEDS - WASTEWATER 3,016,200 - 3,016,200 42 STATE LOAN FUND - WATER - 2,404,017 2,404,017 43 STATE LOAN FUND - WASTEWATER - 5,597,956 5,597,956 44 TRANS FR WATER/WASTEWATER FOR WATER 500,000 - 500,000 45 TRANS FR WATER/WASTEWATER FOR WASTEWATER 500,000 - 500,000 46 TRANSFER FROM IMPACT FEE RESER VE 242,040 516,781 758,821 47 FEDERAL/STATE GRANTS (WASTEWATER ) - 45,248 45,248 48 TOTAL BUDGET $ 5,545,339 $ 8,822,112 $ 14,367,451 49 DEPARTMENT EXPENSES: 50 WATER 620,000 2,985,055 3,605,055 51 WASTEWATER 1,560,700 5,515,294 7,075,994 52 TOTAL EXPENSES $ 2,180,700 $ 8,500,349 $ 10,681,049 53 CURRENT YEAR BALANCE - WASTEWATER BOND 2,153,140 - 2,153,140 54 CURRENT YEAR BALANCE - WATER 623,431 266,405 889,836 55 CURRENT YEAR BALANCE - WASTEWATER 588,068 55,358 643,426 56 TOTAL BUDGET CURRENT YEAR BALANCES $ 3,364,639 $ 321,763 $ 3,686,402 57 TOTAL BUDGET $ 5,545,339 $ 8,822,112 $ 14,367,451

3 of 3 FIRST READING 58 City of Dover 59 Electric Improvement & Extension Fund 60 Proposed Budget Amendment - Fiscal Year 2011 2010/11 2010/11 BUDGET REVISED 61 BUDGET ADJUSTMENTS BUDGET 62 BEGINNING BALANCE & REVENUES: 63 PRIOR YEAR BALANCE $ 1,688,861 $ 1,688,307 $ 3,377,168 64 PRIOR YEAR BALANCE BOND - 415,585 415,585 65 INTEREST EARNINGS 40,700 - 40,700 66 STATE REIMBURSEMENT FOR GOVS AVE - 254,757 254,757 67 FEDERAL GRANTS (DOE) - 135,152 135,152 68 TRANSFER FROM ELECTRIC 3,500,000 - 3,500,000 69 TOTAL BUDGET $ 5,229,561 $ 2,493,801 $ 7,723,362 70 DEPARTMENT EXPENSES: 71 ELECTRIC GENERATION $ 1,480,068 $ 471,672 $ 1,951,740 72 TRANSMISSION AND DISTRIBUTION 739,000 - 739,000 73 ELECTRICAL ENGINEERING 1,390,429 379,064 1,769,493 74 TRANSFER TO DEPRECIATION RESERVE - 1,000,000 1,000,000 75 TOTAL EXPENSES $ 3,609,497 $ 1,850,736 $ 5,460,233 76 CURRENT YEAR BALANCE 1,620,064 643,065 2,263,129 77 TOTAL BUDGET $ 5,229,561 $ 2,493,801 $ 7,723,362

City of Dover Capital Investment Plan Project Tracking Report June 30, 2010 Points to Remember - * Original Project Budget = Original Total Project Budget initially included in approved annual budget. * Latest Project Budget = Revised Total Project Budget included in most recent approved annual budget or one of the following: bond resolution, revolving fund loan agreement, Council approved budget amendment, or City Manager approved amendment as per the Budget Amendment Procedure. * Current Fiscal Year - Revised Fiscal Year Budget = Current Year approved project budgets plus carry forward balances of unspent budgets in the prior fiscal year. Project Carry Forward balances will be submitted to City Council for amendment in January 2010. Can also be amended with City Manager approval per the Budget Amendment Procedure. * Water Quality, Inflow/Infiltration, Distribution Upgrades and New Development projects are budgeted as a blanket project and once individual projects are identified and estimated they are created using an allocation of the overall budgeted amount. Examples are Water Quality - Pear Street; New Developments - Kent County Lighting; Distribution Upgrades - Crossgates; * The FY10 Budget for Community Transportation & Streets $350,000 is expected to change based on the State of the City Review. * Status and Comments provided by City Manager. * For Finance purposes projects are considered completed when placed in service and all charges have been processed. Community Water & Total Current Year Budget Funding Sources General Transportation Wastewater Electric CIP Beginning Budget Balance $ 411,687 $ 172,690 $ 1,162,299 $ 50,591 $ 1,797,267 Federal &/or State Grants 780,290 1,000,000 45,248 240,875 2,066,413 Revolving Fund Loans - - 8,346,498 - 8,346,498 Bond Proceeds - - - 4,240,034 4,240,034 Impact Fees - - 518,230 - 518,230 State Funds (FY09 Carry Forward Gov Ave) - - - 710,318 710,318 Income from Sale of Assets 29,200 - - - 29,200 Parkland Reserve 40,000 - - - 40,000 Library Reserve & Contributions 780,290 - - 780,290 Transfer from Operating Funds 44,802 - 700,000 2,500,000 3,244,802 Interest Earned 2,700 - - 27,599 30,299 Project Carry Forward Balances 51,006 - 1,094,697 2,575,170 3,720,873 Total Funding Sources (Unaudited) $ 2,139,975 $ 1,172,690 $ 11,866,972 $ 10,344,587 $ 25,524,224 Page 1 of 5

City of Dover General Fund - Major CIP Projects June, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project Current Revised Fiscal Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD % Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments FY2008 M Park Improvement Program $ 30,000 $ 30,000 $ 28,734 $ 1,266 95.8% $ - $ 30,000 $ 28,734 0.0% Complete Basketball court repaved. Totals - FY08 $ 30,000 $ 30,000 $ 28,734 $ 1,266 95.8% $ - $ 30,000 $ 28,734 0.0% FY2009 M/G New Library Project $ 18,200,000 $ 24,679,934 $ 1,340,706 $ 23,339,228 5.4% $ 8,912,433 $ 1,560,580 $ 603,640 6.8% Started Finished Design Development. Totals - FY09 $ 18,200,000 $ 24,679,934 $ 1,340,706 $ 23,339,228 5.4% $ 8,912,433 $ 1,560,580 $ 603,640 6.8% FY2010 Vehicles & Equipment $ 372,910 $ 393,916 $ 268,476 $ 125,440 68.2% $ 372,910 $ 393,916 $ 268,476 72.0% Complete Includes DFD payment & Police grants. Contractor complete, will do some in-house Concrete Program 50,000 50,000 50,467 (467) 100.9% 50,000 50,000 50,467 100.9% Complete repairs. Pitts Center Addition 50,000 40,000 3,128 36,872 7.8% - 40,000 3,128 0.0% Complete Minor clean up items left. Transfer to CT Fund 300,000 - - - 0.0% 300,000 - - 0.0% N/A Removed. Totals - FY10 $ 772,910 $ 483,916 $ 322,072 $ 161,844 66.6% $ 722,910 $ 483,916 $ 322,072 44.6% Grand Totals $ 19,002,910 $ 25,193,850 $ 1,691,512 $ 23,502,338 6.7% $ 9,635,343 $ 2,074,496 $ 954,446 9.9% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. G = Grant funded project Page 2 of 5

City of Dover Community Transportation & General Fund Street Funds - Major CIP Projects June, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project Current Revised Fiscal Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD % Budget Type Description Budget Budget Expenses Balance Spent Budget Budget (1) Expenses Spent Status Comments FY 2002 Work on hold, pending Collegiate North Street Sidewalk $ 80,416 $ 80,416 $ - $ 80,416 0.0% $ - $ 80,416 $ - 0.0% Not started decision. Totals $ 80,416 $ 80,416 $ - $ 80,416 0.0% $ - $ 80,416 $ - 0.0% FY 2005 Dover Little League Parking Lot Awaiting DELDOT/staff decision on re- Phase II $ 14,906 $ 14,906 $ 3,332 $ 11,574 22.4% $ - $ 11,574 $ - 0.0% Done appropriation of available funds. Totals $ 14,906 $ 14,906 $ 3,332 $ 11,574 22.4% $ - $ 11,574 $ - 0.0% - FY 2006 M Lincoln Park Center $ 400,000 $ 400,000 $ 357,257 $ 42,743 89.3% $ - $ 147,275 $ 104,532 71.0% Started Ongoing. Totals $ 400,000 $ 400,000 $ 357,257 $ 42,743 89.3% $ - $ 147,275 $ 104,532 0.0% - - FY 2007 10% received from State, not part of street program. Separate contract due to E. Water Street Brick Sidewalk $ 65,000 $ 65,000 $ - $ 65,000 0.0% $ - $ 65,000 $ - 0.0% Not started nature of work. Totals $ 65,000 $ 65,000 $ - $ 65,000 0.0% $ - $ 65,000 $ - 0.0% FY 2009 Spruance Road - White Oak to Maple Parkway $ 141,000 $ 141,000 $ 101,464 $ 39,536 72.0% $ - $ 101,465 $ 101,464 100.0% Started Complete. Spruance Road - Maple Parkway to East Division 125,400 125,400 120,309 5,091 95.9% - 120,309 120,309 100.0% Started Complete. Various FY09 Streets 225,000 225,000 185,000 40,000 82.2% - 85,000 45,000 52.9% Started Independence & Greenway started. Schutte Park 21,950 21,950 - 21,950 0.0% - 21,950 - 0.0% Not Started Scheduled FY 2011. Woodsedge Road 75,000 75,000 113,234 (38,234) 151.0% - 113,234 113,234 100.0% Not Started Complete. Various Streets 206,287 206,287 - 206,287 0.0% - 206,287 - 0.0% Not Started Westover Landscaping 2,500 2,500 1,451 1,049 58.0% - 2,500 1,451 58.0% Work is done Totals $ 797,137 $ 797,137 $ 521,458 $ 275,679 65.4% $ - $ 650,745 $ 381,458 58.6% FY 2010 Street & Alley Program $ 350,000 $ 172,690 $ 30,895 $ 141,795 17.9% $ 350,000 $ 172,690 $ 30,895 17.9% Not Started Original Budget should be $300,000. Budgeted CT Agreements FY10 1,000,000 44,990 - 44,990 0.0% 1,000,000 44,990 - 0.0% Not Started No fiscal 2010 agreements started. Totals $ 1,350,000 $ 217,680 $ 30,895 $ 186,785 14.2% $ 1,350,000 $ 217,680 $ 30,895 14.2% Grand Totals $ 2,707,459 $ 1,575,139 $ 912,942 $ 662,197 58.0% $ 1,350,000 $ 1,172,690 $ 516,885 44.1% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. Page 3 of 5

City of Dover Water/Wastewater Improvement & Extension Fund - Major CIP Projects June, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project % Approved Revised Fiscal % Project Project To Date Budget Budget Fiscal Yr. Fiscal Yr. YTD Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments FY 2008 Water lines done. Doing service lines and South Governors Ave. Water Main Upgrade $ 200,000 $ 200,000 $ 2,664 $ 197,336 1.3% $ - $ 200,000 $ 2,664 1.3% Started hydrants. M 1.0 MG Elevated Water Storage Tower 4,196,600 2,590,000 6,623 2,583,377 0.3% 200,000 196,255 2,878 1.5% Started Selecting Tank Model & Site; FY11 = Constr. M Piney Point Well 398,800 665,000 52,475 612,525 7.9% - 185,455 22,930 12.4% Started DNREC reviewing permits; FY11 = Constr. M South Governors Ave. Sewer Main 300,000 291,000 11,756 279,244 4.0% - 281,088 1,844 0.7% Started Lines in. Doing punch list items. M/SL US 13 East Sanitary Sewer Interceptor 2,376,800 3,409,641 868,162 2,541,479 25.5% 3,201,480 3,075,981 660,001 21.5% Started Moved on to Lowes and DSU sections . M Lafferty Lane Package P/S Replacement 230,000 374,369 418,833 (44,464) 111.9% - - 26,269 0.0% Completed In service. O/S Encumbrance $26,269. Totals - FY08 $ 7,702,200 $ 7,530,010 $ 1,360,513 $ 6,169,497 18.1% $ 3,401,480 $ 3,938,779 $ 716,586 18.2% FY2009 Washington Street $ 492,800 $ 310,100 $ 310,063 $ 37 100.0% $ - $ - $ - 0.0% Completed Pear Street 759,100 653,804 525,598 128,206 80.4% - 331,900 203,694 61.4% Completed South Street 120,800 79,800 37,469 42,331 47.0% - - - 0.0% Completed Contact Chambers - residual analyzers 100,000 113,800 95,484 18,316 83.9% - - - 0.0% Completed M/SL Bayard Avenue 590,910 590,910 6,490 584,420 1.1% 533,510 584,420 - 0.0% Started Material ordered. M/SL East side N. State Street 868,707 876,703 29,003 847,700 3.3% 846,807 847,700 - 0.0% Started Construction started. M/SL Route 13 Water Main 1,058,700 1,091,797 123,996 967,801 11.4% 1,023,700 1,024,400 56,599 5.5% Started With DelDOT for approval. R Water Quality Improvements FY09 $ 3,991,017 $ 3,716,914 $ 1,128,103 $ 2,588,811 30.4% $ 2,404,017 $ 2,788,420 $ 260,293 66.9% Started M/SL DE State University Pumping Station Repl. $ 386,400 $ 386,400 $ 145,715 $ 240,685 37.7% $ 336,400 $ 360,473 $ 119,788 33.2% Started Station installed. September completion. M/SL Fox Hall/Retreat Force Main Rerouting 133,100 139,245 218,438 (79,193) 156.9% 107,200 107,200 186,393 173.9% Completed Done. Overage covered by US 13 Interceptor; M/SL Acorn Lane Pump Station Replace. 386,400 386,400 175,511 210,889 45.4% 336,400 359,823 148,934 41.4% Completed Done. Totals - FY09 $ 4,896,917 $ 4,628,959 $ 1,667,766 $ 2,961,193 36.0% $ 3,184,017 $ 3,615,916 $ 715,407 19.8% FY2010 Vehicles & Equipment $ 55,600 $ 66,310 $ 62,730 $ 3,580 94.6% $ 55,600 $ 66,310 $ 62,730 94.6% Completed Vehicles and equipment in service. Water Quality - McKee Run Plant 100,000 100,000 95,613 4,387 95.6% 100,000 100,000 95,613 95.6% Completed Completed. M Water Quality - Walker Road 100,000 100,000 23,750 76,250 0.0% 100,000 100,000 23,750 23.8% Completed In house design-survey only; Completed R Wellhead Redevelopment Program 55,000 70,250 70,238 12 100.0% 55,000 70,250 70,238 100.0% Completed Done. R Remote Control & Monitor Wells 55,000 55,000 23,104 31,896 42.0% 55,000 55,000 23,104 42.0% Completed Radio in, need to alter location of project. R Misc. Distribution System Replacements 65,000 49,750 21,188 28,562 42.6% 65,000 49,750 21,188 42.6% Completed Ongoing, as needed. M/SL Inflow/Infiltration Removal 1,800,000 1,800,000 1,221 1,798,779 0.0% 1,800,000 1,800,000 1,221 0.1% Started Going to Council for approval. R Scada Technology Equip Upgrade 79,300 79,300 64,149 15,151 80.9% 79,300 79,300 64,149 80.9% Started Done. M Del. State Univ. Force Main Rerouting 137,700 26,800 - 26,800 0.0% 26,800 26,800 - 0.0% Started Design done, construct w RT 13 Intercept Pro. M Fox Hall Pump Station 427,900 52,000 1,856 50,144 3.6% 52,000 52,000 1,856 3.6% Started In design. M Heatherfield Pumping Station Upgrade 220,400 40,000 1,284 38,716 3.2% 40,000 40,000 1,284 3.2% Completed Design done. I Tar Ditch Interceptor Upgrade 518,230 518,230 1,449 516,781 0.3% 518,230 518,230 1,449 0.3% Started In design. R Misc. Sewer System Improvements 33,000 22,290 1,449 20,841 6.5% 33,000 22,290 7,969 35.7% Started Ongoing, as needed. Various Pump Motor Replacements 45,248 45,248 - 45,248 0.0% - 45,248 - 0.0% Started Grant approved. Ordering will begin. Totals - FY10 $ 3,692,378 $ 3,025,178 $ 368,030 $ 2,657,148 12.2% $ 2,979,930 $ 3,025,178 $ 374,550 12.4% Grand Totals $ 16,291,495 $ 15,184,147 $ 3,396,309 $ 11,787,838 22.4% $ 9,565,427 $ 10,579,873 $ 1,806,543 17.1% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. SL = State Loan Project - construction phase is financed I = Impact Fee Financed Project Page 4 of 5

City of Dover Electric Improvement & Extension Fund - Major CIP Projects June, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project % Current Revised Fiscal % Project Project To Date Budget Budget Fiscal Yr. Fiscal Yr. YTD Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments FY 2006 M/B 69 KV feeders 3 and 4 $ 11,060,000 $ 8,693,782 $ 8,757,520 $ (63,738) 100.7% $ - $ 597,859 $ 601,597 100.6% Completed In service. Taking down old poles, M/S Governor's Avenue Rebuild 1,268,450 2,068,260 520,460 1,547,800 25.2% - 1,629,658 81,858 5.0% Started installing lights. Totals - FY06 $ 12,328,450 $ 10,762,042 $ 9,277,980 $ 1,484,062 86.2% $ - $ 2,227,517 $ 683,455 30.7% FY 2008 Unit 3 Turb Bearing Fire Protect In design. Deluge $ 50,000 $ 50,000 $ - $ 50,000 0.0% $ - $ 50,000 $ - 0.0% Started M/B Horsepond Road Substation 1,020,000 1,029,397 1,029,397 0 100.0% - - - 0.0% Completed In service. McKee Run Unit 3 Pollution M/B Construction in April. Remediation & Fuel Testing 3,000,000 2,914,910 2,824,065 90,845 96.9% - 200,580 209,735 104.6% Completed M/B St. Jones Substation 5,376,068 5,955,878 5,953,280 2,598 100.0% - 79,692 77,094 96.7% Completed In service. Totals - FY08 $ 9,446,068 $ 9,950,185 $ 9,806,743 $ 143,442 98.6% $ - $ 330,272 $ 286,829 86.8% FY2009 Danner Farm Transformer $ 45,000 $ 45,000 $ 36,923 $ 8,077 82.1% $ - $ 21,417 $ 13,340 62.3% Completed Done. Distribution Upgrades - Schoolview 100,000 175,000 174,335 665 99.6% - 16,398 15,733 95.9% Completed Done. McKee & VanSant Arc Flash 125,000 125,000 67,196 57,804 53.8% 75,000 75,000 26,196 34.9% Started September completion. Totals - FY09 $ 270,000 $ 345,000 $ 278,454 $ 66,546 235.4% $ 75,000 $ 112,815 $ 55,269 73.7% FY2010 Vehicles & Equipment $ 347,042 $ 452,765 $ 387,702 $ 65,063 85.6% $ 347,042 $ 452,765 $ 387,702 85.6% Completed Truck and Equipment in service. B Vansant CT Mark IV Control (Replmnt) 700,000 610,000 286,637 323,363 47.0% 700,000 535,000 286,637 53.6% Completed In service. B McKee Run Entrance Road 240,000 240,000 478 239,522 0.2% 240,000 240,000 478 0.2% Completed In service. R Misc. Upgrades 51,000 51,000 25,390 25,610 49.8% 51,000 51,000 25,390 49.8% Started Ongoing, as needed. McKee Run Smoke/Heat Detection 55,000 55,000 21,200 33,800 38.5% 55,000 55,000 21,200 38.5% Completed Completed. Work Mgmt. System R l eplacement 85,000 85,000 16,718 68,282 19.7% 85,000 85,000 16,718 19.7% Completed Done. Unit 3 Remove Cyclone Separators 51,000 80,000 51,265 28,735 64.1% 51,000 80,000 51,265 64.1% Completed Removed. Unit 2 Remove Cyclone Separators 36,000 20,000 13,996 6,004 70.0% 36,000 20,000 13,996 70.0% Completed Removed. Unit 1 Remove Cyclone Separators 36,000 20,000 9,534 10,466 47.7% 36,000 20,000 9,534 47.7% Completed Removed. 10 KW Photovoltaic @ McKee 65,065 65,065 - 65,065 0.0% - 65,065 - 0.0% Completed In service. S LED Lighting Replacement 70,087 70,087 - 70,087 0.0% - 70,087 - 0.0% Started Material ordered. R UG Transformers 156,570 156,570 90,340 66,230 57.7% 156,570 156,570 90,340 57.7% Completed Done. R UG Conductors 457,780 438,780 430,000 8,780 98.0% 457,780 438,780 430,000 98.0% Completed Done. R Kent County Lighting Project 216,950 216,950 40,777 176,173 18.8% 216,950 216,950 40,777 18.8% Completed Done. R Single & 3 Phase Meters 50,000 50,000 27,236 22,764 54.5% 50,000 50,000 27,236 54.5% Completed Completed. Total New Developments 881,300 862,300 588,353 273,947 68.2% 881,300 862,300 588,353 68.2% R Lighting Improvements & Rehab 50,000 69,000 46,357 22,643 67.2% 50,000 69,000 46,357 67.2% Completed Done - Governors Ave done. R Replacement of 69KV Breakers 183,000 183,000 163,552 19,448 89.4% 183,000 183,000 163,552 89.4% Completed Done. R Replace SS Equipment (as required) 40,000 47,425 47,425 - 100.0% 40,000 47,425 47,425 100.0% Completed Done. R Distribution Capacitors 120,000 120,000 23,393 96,607 19.5% 120,000 120,000 23,393 19.5% Dropped Dropped, no longer needed. M/B Mid City Substation 1,488,461 993,711 974,732 18,979 98.1% 1,593,461 968,711 974,732 100.6% Completed In service. R PT & CT Replacement 260,880 260,880 176,104 84,776 67.5% 260,880 260,880 176,104 67.5% Completed Material only this year. R Transmission & Switches 23,000 15,575 10,332 5,243 66.3% 23,000 15,575 10,332 66.3% Completed Done. R Upgrade Trans., Distr. Lines 351,096 351,096 440,854 (89,758) 125.6% 351,096 351,096 440,854 125.6% Completed Done. B Crossgates 396,904 543,075 522,951 20,124 96.3% 396,904 543,075 522,951 96.3% Completed Done. B Buchanan Acres 406,000 865,144 1,078,465 (213,321) 124.7% 406,000 965,144 1,078,465 111.7% Completed Done. Total Distribution Upgrades 1,154,000 1,759,315 2,042,270 (282,955) 116.1% 1,154,000 1,859,315 2,042,270 109.8% Completed Done. Totals - FY10 $ 6,768,135 $ 6,060,123 $ 5,446,556 $ 1,425,867 89.9% $ 5,906,683 $ 6,060,123 $ 4,885,439 80.6% Grand Totals $ 28,812,653 $ 27,117,350 $ 24,809,733 $ 3,119,917 91.5% $ 5,981,683 $ 8,730,727 $ 5,910,993 67.7% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. B = Bonded Project S = State fully or partially reimbursed project Page 5 of 5

ACTION FORM PROCEEDING: City Council AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Utilities – Electric Eng. DATE SUBMITTED: 9-13-2010 PREPARED BY: Ronald H. Lunt, Public Utilities Director SUBJECT: Evaluation of Bids – Substation Potential Transformers (PT) and Current Transformers (CT) Replacement REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager, Controller EXHIBITS: N/A EXPENDITURE REQUIRED: $145,888.29 AMOUNT BUDGETED: $256,218 FUNDING SOURCE (Substation PT & CT Replacement): Page 119 in Public Utilities – Electric Engineering, Substation PT & CT Replacement Project, Account 487-8300-563-70-27, Project # EE1006. TIMETABLE: Contract to be awarded upon Council approval. RECOMMENDED ACTION: Staff recommends awarding the proposals to HD Supply for the total amount of $145,888.29 as outlined in the table below. BACKGROUND AND ANALYSIS This project will be replacing aging metering/system protection equipment in the older substations. The equipment to be replaced includes the Potential Transformers (PT’s) which measures the line voltage and reduces it to a voltage level the relays can interpret and the Current Transformers (CT’s) which reduces the current to a level that can safely be measured by the relays and meters; all of which provide electric system protection. Additionally, the lightning arrestors will be replaced which protects the equipment during lightning strikes. All of the existing components have exceeded their useful life and are subject to failure, which could be catastrophic. A Request for proposals (RFP 10‐0027DPU) was sent out last fiscal year and provided for a three year pricing matrix. The proposals were advertised according to the Purchasing Policy by the City’s Purchasing Agent. We received proposals from three vendors; one vendor included five different options and manufactures to choose from. Since this was a Request for Proposal staff evaluated the seven submissions based on the price, reputation of the product, compliance with specifications and delivery. A point system analysis was performed by three staff members from the Engineering Division to adequately and impartially evaluate the proposals; with the goal of providing the best product and to serve the interest of the City of Dover. We are using the same analysis and bid prices as per the previous bid. It should be noted that not all recommended purchases are to the low bidder as the bid award is based on the evaluations. The following is a summary of the staff recommendation: Vendor Unit $ Quantity Total $ Eval. Score 69 KV PT HD Supply/Ritz $4,684.21 24 $112,421.05 117 15 KV PT HD Supply/GE $636.00 20 $12,720.00 112 54 KV Lightning Arrestor HD Supply/Siemens $573.68 30 $17,210.40 103 9 KV lightning Arrestor HD Supply/Siemens $168.42 21 $3,536.84 110 Total Bid Award Value $145,888.29

ACTION FORM PROCEEDING: City Council AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Utilities - Electric DATE SUBMITTED: 9/13/2010 PREPARED BY: Ronald Lunt – Public Utilities Director SUBJECT: Evaluation of Bids - Master Electrician Contract REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager and Controller EXHIBITS: N/A EXPENDITURE REQUIRED: Not to exceed budget for any account AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): Contractual Services operation accounts: 412- 7600-576.30-31; 412-6900-569.30-31; 480-8300-563.30-31; 480-8200-562-30-31 or applicable CIP project. TIMETABLE: Contract will be executed following Council approval. RECOMMENDED ACTION: Award a primary contract to HCS Electric & Tech Inc., of Smyrna, Delaware and a backup contract to DeVary Electric Inc., for three (3) year with the City’s option to annually extend the contracts for two one (1) year extensions for a total of five (5) years. BACKGROUND AND ANALYSIS The Public Utilities Department maintains blanket contracts with potential contractors to ensure that the bidding rules are adhered to for contractors that are hired to perform work for the Utility Department. These contracts are priced as a “time, equipment, and material” contract and may exceed $25,000 annually. This proposal is for emergency and scheduled electrician work for the electric, water, and wastewater divisions. Additionally other City Departments may utilize this contractor when required. The Public Utilities often have projects that involve customer owned equipment (such as the overhead to underground conversion projects) which require an electrical inspection and this application requires the employment of a licensed Master Electrician. The city does not employ an electrician with this type of license. The proposal package was advertised by the City’s Contract and Procurement Manager under Proposal #11-0002 DPU and we received eight responses to the request. The proposals were evaluated on hourly rates and a standard fee for a simple service conversion from overhead to underground. Staff is recommending the authorization of two potential contracts to help ensure contractor availability should an emergency repair be required or a scheduling conflict from the primary contractor that would delay required work. Vendor Service Change Hourly Rate AAH Electrical Services $77 $650 DeVary Electric Inc $45 $265 HCS Electric & Tech, Inc. $40 $239 Satterfield & Ryan, Inc. $58 $474 AES Electrical Services, Inc. $95 $2475 Mid Atlantic Electrical Services, Inc. $58 $325 MJ Electrical Services, Inc No Bid $600 Lil Daddy’s Electrical Specialist $65 $1300

ACTION FORM PROCEEDING: Council AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Utilities –Electric Engineering DATE SUBMITTED: 09-13-10 PREPARED BY: Ron Lunt, Public Utilities Director SUBJECT: Evaluation of Bids - Electric System Modeling Software REFERENCE: RELATED PROJECT: Transmission Relay and Coordination APPROVALS: City Manager, Controller EXHIBITS: Quote and Sole Vendor Information from Operations Technology, Inc. EXPENDITURE REQUIRED: $56,252 AMOUNT BUDGETED: $500,000 FUNDING SOURCE (Dept./Page in CIP & Budget): Public Utilities Electric Engineering Operation, Contract Services page 269. 480-8300-563-30-31 TIME TABLE: Order will be placed following Council approval. RECOMMENDED ACTION: Staff recommends purchasing (2) two ETAP licenses and training from the sole vendor, Operations Technology, Inc., for a total amount of $56,252. BACKGROUND AND ANALYSIS Currently the utility is required to contract with a consulting electrical engineering firm to determine the relay settings in the substations. Since the utilities now have an engineer on staff, it has been determined that it would be financially feasible to purchase the software to perform most of this work in-house. Staff determined that it would also be financially feasible to use the software that our consulting engineer, Pike Electric, Inc., has been using since the laborious task of entering all of our transmission line details has already been completed by this engineering firm. The electric modeling system software (ETAP) is the package that was used to model the City of Dover’s 69kV transmission system. Additionally, the city is requiring the successful candidate, for the upcoming Transmission Relay and Coordination project, to use ETAP to examine/evaluate the relay settings, coordination, and other aspects of the existing protection scheme. The purpose of the electric system modeling software is to enable city staff to build a distribution model to add to the “corrected” transmission model, which will result from the Transmission Relay and Coordination project. This modeling software will allow City staff to conduct system studies and modify/install the correct relay settings in the substations and modify/install the correct fuse size in the distribution protection/isolation system to ensure maximum customer reliability. This is a sole source contract as the manufacturer does not sell this product through distribution channels, it is only sold factory direct.

August 12, 2010 Jeremy Johnson City of Dover 860 Buttner Place Dover, DE 19904 United States Subject: ETAP Dear Jeremy Johnson: In response to your recent request, Operation Technology, Inc. is pleased to offer City of Dover, the following GSA proposal on the purchase of ETAP, for the Dover DE, United States location: New ETAP License, 1 Stand Alone, 5000 Bus Commercial Base Package with Equipment Evaluation, Cable Sizing & Ampacity Short-Circuit ANSI / IEC Arc Flash - IEEE 1584 / NFPA70E (Requires Short Circuit) Load Flow/ Voltage Drop (Non Contacted part) Load Analyzer Protective Device Coordination & Sequence of Operation Transformer Sizing & Tap Optimization Optimal Power Flow Transmission Line Ampacity and Sag & Tension GIS Map Import MS Excel & Access One Year of Free Upgrades & User-Support 1st Copy $26,658 Additional Copy $26,658 Multi Copy Discount <6,664> 2nd Copy Price $19,994 Cost of 5 Day Training for 2 Persons Including Airfare and Lodging $9,600 Training Date: January 24-28, 2011 Grand Total $56,252 The above proposal is valid through: October 1, 2010. All prices are in US currency and exclude taxes, duties, surcharges, and any other government-specified amounts.

Jeremy Johnson August 12, 2010 Page 2 OTI remains dedicated to providing its customers with innovative high value solutions and outstanding customer service. Please feel free to contact me at 949-900-1045. I can also be reached via e-mail at aaron@etap.com. Sincerely, Operation Technology, Inc. Aaron Ozelli Sales Manager Attachments OTI/ma/tms CC:\Proposal-2 New SA-081110.docx

Jeremy Johnson August 12, 2010 Page 3 Terms of the Proposal These programs are available in ETAP 7.5, which runs in the Microsoft Windows XP / 2003 / Vista / 7 operating systems. The above price includes the first year software support and engineering support. In addition to the user support, one full year of program upgrades is included in the Upgrade and User-Support Contract (UUC). You will receive all upgrades that are released for your ETAP system during your UUC period - at no additional charge. Follow-up user support and program upgrades for the Single License will be provided at 12% of the prevailing integrated price annually. Attached please find our ETAP License Grant and Agreement. Upon receipt of a purchase order and two signed copies of the license, OTI will ship your package within three to five business days. On the license, you need only fill-in the upper "Licensee" portion. We can ship based on a fax or scanned copy, but ask that you follow up with two copies containing original signatures in the mail. OTI will complete the lower portion, countersign where appropriate, and return one copy for your files. The purchase of Data Exchange Interface (GIS) may require custom mapping of your existing ESRI GIS data model with ETAP. The interface provides one-way data synchronization from GIS to ETAP. It includes add/modify/delete commands, enabling project components to automatically update in ETAP when changes are made in GIS. Custom mapping may be provided by our engineering services group at our standard hourly rate. ArcGIS and other ESRI software are not included in this proposal. Specific modules such as those within Data Exchange and Real-Time Systems require engineering work to implement; please contact OTI to discuss the variety of services and options available. Note that the purchase of Arc Flash requires the purchase of Short-Circuit. This proposal is a matter to be kept confidential between Operation Technology, Inc. and City of Dover.

ACTION FORM PROCEEDING: City Council AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Utilities – Electric Engineering DATE SUBMITTED: 9-10-10 PREPARED BY: Steve Enss SUBJECT: Evaluation of Bids - Replacement of 69 kV Breaker REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager, Controller EXHIBITS: N/A EXPENDITURE REQUIRED: $37,500 AMOUNT BUDGETED: $100,000 FUNDING SOURCE (Dept/Page in CIP & Budget): Public Utilities – Electric Engineering: CIP page 121, 487-8300-563-50-82, Project # EE1102 TIMETABLE: Materials to be purchased upon Council approval. RECOMMENDED ACTION: Staff recommends purchasing one (1) Siemens 69 kV breaker for $37,500 from Siemens Energy, Inc. C/O National Transformer Sales. BACKGROUND AND ANALYSIS The Electric Engineering Division began a transmission breaker replacement program in FY 06 whereby all the obsolete breakers are replaced with new breakers. This was a multi-year project scheduled to end in FY 11. This is the last breaker of the project. Bids were solicited and advertised according to City policy by the Contract and Procurement Manager under Bid #11-0008DPU. We received only one bid for this; however, we feel that the bid price was fair and reasonable and other bidders had a reasonable opportunity to respond. The bid price for this breaker was less than the previous bid award in 2009. Staff’s recommendation is to award the bid to the low bidder Siemens Energy, Inc. C/O National Transformer Sales for the unit cost of $37,500. A portion of the remaining funds from this account will be used for engineering and installation labor to complete the breaker change out program.

Title V Policy Prevention Board for the City of Dover Rev. Richard M. Avant Kay Dietz-Sass 9 Water Wheel Circle Murphey School Board Member Dover, DE 19901 City of Dover (302) 697-3190 P.O. Box 475 Dover, DE 19903-0475 Latisha Bracey, Project Director (302) 736-7005 Senator Theodore Kauffman P.O. 2005 Police Chief James Hosfelt Wilmington, DE 19899 City of Dover (302) 981-4921 400 S. Queen Street Dover, DE 19904 Mr. Michael Brown, Edu. Paraprofessional (302) 736-7100 Capitol School District 321 Hayley Way Dr. William Johnston, President Smyrna, DE 19977 Wesley College (302) 465-8306 120 North State Street Dover, De 19904 Mayor Carlton Carey (302) 736-2300 City of Dover P.O. Box 475 Dr. Bobbie Jones, Educator Dover, DE 19903-0475 235 Pebble Valley Drive (302) 736-7004 Dover, De 19904 (302) 734-1981 Ms. Thoria Custis, Youth Rep/Student Delaware State College Jeremiah Jones, Youth Rep/Student 801 W. Division St. 937 Simon Circle Dover, DE 19904 Dover, DE 19904 (828) 707-2529 (302) 535-9070 Mrs. Audrey Daniels Rev. Ellis B. Louden 238 Mifflin Road Mt. Zion AME Dover, DE 19904 101 North Queen Street (302) 674-2516 Dover, DE 19904 (302) 678-9478

Title V Policy Prevention Board for the City of Dover Page 2 Mr. Rufus Mincey, MBA Delaware State University Representative Dover Housing Authority 1200 N. DuPont Highway 128 Pine Street Dover, DE 19901 Dover, DE 19901 (302) 672-1561 (302) 535-9120 Kent County Judiciary Representative Dr. Wilma Mishoe, Dean of Students Del Technical Community College STAFF: 353 Rita-Wilma Rd. Dover, DE 19904 Ms. Miesha Daniels, BSW Intern (302) 465-8889 447 Country Dr. Apt. C Dover, DE 19901 Ms. LaTonya Pierce, Asst. Principal (302) 241-1124 Caesar Rodney School District 201 Orchard Ave. Mr. Mark Harmon, Concerned Parent Dover, DE 19901 219 Cecil Street (302) 538-3408 Dover, DE 19904 (302) 632-1605 Mr. Roy Sudler, Jr., Businessman 320 Raymond Street Ms. Ada Morris, MSW Intern Dover, DE 19904 479 Andrews Lake Rd. (302) 736-9880 Felton, DE 19943 (302) 242-8688 Representative from Division of Family Services Beverly C. Willliams 821 Silver Lake Blvd. Dover City Council Member Dover, De 19904 Nationally Certified Counselor (302) 739-4800 20 Gleneagles Court Dover, DE 19904 Ms. Jemine Wayman, CMM (Midwife) (302) 270-3570 87 Lynnhaven Drive Dover, DE 19904 (302) 241-7908

FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2010-25 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Appendix B – Zoning, Article 5 – Supplementary Regulations, be amended by adding the 5 text shown in blue bold italics font and deleting the text shown in red bold strikethrough, as 6 follows: 7 8 Section 11. Environmental protection. 9 10 11.1 Purpose. The purpose of this section is to protect public health and safety by 11 ensuring that environmental standards for water, air, and soil in the City of Dover 12 adequately address current practices in the realm of environmental protection. 13 Further, it is the intent of this section to protect environmentally sensitive land as well 14 as the plants and animals that reside on that land. 15 16 11.1 11.2 Environmentally sensitive areas and scarce resources. All land areas which 17 contain one of the following natural features or combination of these features shall be 18 considered to be an environmentally sensitive area or an area of scarce resources subject 19 to specific requirements for environmental protection and conservation: flood hazard 20 areas, steep slopes, water bodies and wetlands, wet soils, woodlands, significant wildlife 21 habitats, prime agricultural soils and designated scenic areas. 22 23 11.11 11.21 Flood hazard areas. All flood hazard areas shall remain as 24 permanent natural open space, except for the construction of roads for which 25 design approval is obtained from the Delaware Department of Natural 26 Resources and Environmental Control and the Delaware Department of 27 Transportation authorized by the City of Dover and/or the Delaware 28 Department of Transportation. 29 30 a) For the purposes of this section, Natural Open Space is defined as an 31 area of land that excludes buildings, structures, and impervious 32 surface from being constructed on or located within the area. For 33 evaluating Flood Hazard Areas, patios, cement slabs, sidewalks, and 34 other similar constructs are considered to be structures and are 35 similarly prohibited. 36 37 11.211 Redevelopment. Existing uses or buildings located within a flood 38 hazard area are considered to be non-conforming structures and are 39 subject to the following requirements. 40 41 a) Non-residential uses existing in a flood hazard area seeking to 42 redevelop a property under the requirements of Article 10 are Page 1 of 7

43 required to reduce impervious surfaces for the property by 15% 44 from the pre-redevelopment conditions. 45 46 b) For projects where less than 33% of the total land area involved 47 is located within a flood hazard area, the planning commission 48 may waive or reduce the amount of required reduction in 49 impervious surfaces. For projects being reviewed under 50 administrative site plan review, the city planner may waive or 51 reduce the amount of required reduction in impervious cover for 52 projects where less than 33% of the total land area involved is 53 located within a flood hazard area. 54 55 c) New residential building construction or additions of impervious 56 surface are not permitted in pervious areas of the flood hazard 57 area. 58 59 11.12Slopes. In areas of steep slopes above eight percent, no more than 40 60 percent of the land shall be developed and/or regraded or stripped of 61 vegetation. 62 63 11.13 11.12 Water bodies and wetlands. Lakes, ponds, rivers, and streams 64 Water bodies and wetlands shall be left as permanent open space. No 65 development, filling, piping or diverting shall be permitted, except for required 66 roads, to be approved by the Delaware Department of Transportation United 67 States Army Corps of Engineers and/or the Delaware Department of Natural 68 Resources and Environmental Control. No structures, except stairs and ramps, 69 fences, open decks, patios or docks with a combined area of 200 square feet 70 or less are permitted to be constructed within 75 feet of the shore line of any 71 permanent fresh water lake over one-fourth acre in size or within 100 feet of 72 the mean high tide line for tidal and wetlands. No structures are permitted 73 within 50 feet of the centerline of permanent or intermittent streams or 74 within 25 feet beyond the limits of the floodplain, whichever is greater. 75 Within these same areas, the clearing or removal of natural ground cover or 76 vegetation, including the cultivation of the soil for agricultural purposes, is 77 prohibited. 78 79 11.121 For the purposes of this section, the following, as depicted on the 80 most recent USGS Topographic Maps, shall be defined as water bodies 81 for the purposes of this Section: Cahoon Branch, Dover Run, Fork 82 Branch, Little River, Maidstone Branch, McKee Run, Morgan Branch, 83 Muddy Branch, Puncheon Run, Silver Lake, St. Jones River,. 84 85 11.122 Setbacks. All buildings, structures, and impervious surfaces shall 86 be set back at least 100 feet from the top of bank from wetland areas 87 greater than 0.25 acres in size and from all water bodies. Patios, cement 88 slabs, sidewalks, and other similar constructs are considered to be 89 impervious surfaces. Within this 100 foot setback, vegetative ground 90 cover is required. This setback may be reduced under the conditions set 91 forth as follows: Page 2 of 7

92 93 Figure 11-1 94 (US Dept. of the Interior) 95 96 Aquatics Riparian Upland 97 Buffer 98 99 a) The setback may be reduced to 50 feet from the top of 100 bank provided that a riparian buffer is established in the 101 setback, consisting of native vegetation. (See figure 11-1) 102 103 b) The setback may be reduced to 30 feet from the top of 104 bank provided that a riparian buffer is established in the 105 setback, consisting of native vegetation and provided that 106 bank stabilization is implemented through the planting of 107 native species. (See figure 11-1) 108 109 c) Single family residential uses may reduce the setback 110 requirement to 75 feet of the top of bank. 111 112 d) Removal of buffer plantings without approval. The 113 removal of native vegetation or plantings required for the 114 purposes of riparian buffers for any purpose whatsoever, 115 except the establishment of pathways (not greater than 116 eight feet in width), shall be prohibited unless approved 117 by the planning commission through the site plan, 118 conditional use, or subdivision review process. 119 120 e) Plantings in a riparian buffer that are removed without 121 permission must be replaced with similar plantings within 122 30 days of removal. The City Planner may extend this 123 time frame where and if weather conditions necessitate a 124 delay. 125 Page 3 of 7

126 f) Exceptions to the setback requirements. Stairs, ramps, 127 open decks, patios, and decks necessary for access to 128 natural features with a combined total of 200 square feet 129 in size are exempt from the setback restrictions. Paved 130 trails and sidewalks of up to 6 feet in width or less are 131 exempt from the setback restrictions as defined in this 132 section. 133 134 11.14 11.13 Wet soils. No construction shall be permitted where the seasonally 135 high water table is within 2 1/2 feet of the surface unless crawl space, piles or slab 136 on grade with provisions to prevent water seepage will be used to prevent water 137 damage to the building. The proposed construction techniques must be approved 138 by the building inspector in accordance with City of Dover Building Code and 139 must meet or exceed the standards of the Federal Housing Administration. 140 141 No basements or cellars shall be permitted to be constructed at a depth greater 142 than two feet above below the seasonal high water table, unless special measures 143 are taken to prevent water damage to the building. Such measures must be 144 approved by the building inspector and must meet or exceed the standards of the 145 Federal Housing Administration. 146 147 11.131 Requirements for development applications. Site development 148 applications appearing before the planning commission must include 149 either a wetland delineation prepared by a licensed/registered soil 150 scientist, wetlands scientist, or professional engineer in accordance with 151 US Army Corps of Engineers standards; or provide a statement from the 152 design professional that no wetlands are present on the site. 153 154 11.132 Requirements for major subdivision applications. Subdivision 155 plans must identify the seasonal high water table on each lot if 156 basements are proposed for those lots. A licensed Class D Soil Scientist 157 is required to determine the seasonal high water table and this 158 information must be displayed on the subdivision plat. This information 159 must also be present in the deed and plot plan for each property. 160 Basements may be prohibited where severe groundwater conditions 161 exist. 162 163 a) A lot specific study may be substituted for the recorded seasonal 164 high water table as per the subdivision plan. 165 166 11.15 11.14 Significant wildlife habitat. Natural features that constitute 167 significant wildlife habitats are considered to be environmentally sensitive 168 features and a scarce resource deserving of protection. The natural features that 169 typically provide significant wildlife habitat include wetlands and marsh areas 170 that provide nesting and breeding grounds for water fowl and support a wide 171 variety of aquatic life; wooded areas in general, but most especially the edges of 172 the wooded areas adjacent to open fields and along stream corridors; freshwater 173 marsh and wetland areas, old fields and hedgerows; and natural areas of grasses 174 and shrubs along the edges of open fields, drainage channels and wetlands. Page 4 of 7

175 Applications for subdivision plan and site development plan approval shall 176 include the identification of all areas and features which constitute significant 177 wildlife habitat as part of the documentation of existing site conditions. The 178 protection and preservation of wildlife habitat shall be considered to be an 179 important factor in the approval or disapproval of proposed developments by 180 the planning commission in development review. 181 182 11.16 Prime agricultural land. All land areas consisting of class I soils, as 183 defined by the United States Department of Agriculture Natural Resources 184 Conservation Service publication "Soil Survey, Kent County, Delaware," are 185 hereby classified as prime agricultural lands because of their productive 186 capabilities as cropland. Undeveloped prime agricultural land is considered 187 to be a scarce resource locally and nationally and its conversion to urban 188 land use is strongly discouraged. Applications for subdivision plan or site 189 development plan approval shall include the identification of the presence of 190 an extent of prime agricultural land as part of the documentation of [the] 191 existing site condition. The protection and preservation of the prime 192 agricultural lands on the site to the maximum extent possible shall be 193 considered to be an important factor in the approval or disapproval of 194 proposed developments by the planning commission. 195 196 11.17 11.15 Scenic resources. Scenic resources shall consist of the following: 197 mature woodlands and most especially the edges of wooded areas adjacent to 198 open fields, wetlands or urbanized areas; other areas of mature natural vegetation 199 such as marsh grasses; the historic district and areas listed on the National 200 Register of Historic Places the Victorian district; [and] freestanding historic 201 buildings and sites and other buildings or districts of the city exhibiting particular 202 architectural or visual merit buildings and places of special public or cultural 203 significance, and significant views and view corridors to buildings or places of 204 architectural, visual, public or cultural value and to attractive natural areas. 205 Application for subdivision plan or site development plan approval shall include, 206 as a part of the documentation of existing site conditions, the presence of and 207 location of all scenic resources. The preservation and enhancement of the scenic 208 resources potentially affected by the proposed development shall be considered as 209 an important factor in the approval or disapproval of the proposed 210 development by the planning commission in development review. 211 212 11.151 Silver Lake. All Site Plan, Conditional Use Site Plan, or 213 Subdivision applications for parcels where any boundary of the parcel is 214 abutting Silver Lake is required to go before the Silver Lake 215 Commission prior to appearing before planning commission. The Silver 216 Lake Commission shall provide advisory comments for the planning 217 commission on such applications. 218 219 11.18 11.16 Combinations of environmentally sensitive features and scarce 220 resources. Wherever more than one environmentally sensitive feature or scarce 221 resource is present on a site in combination, special care shall be taken in both the 222 documentation of existing conditions on a site being considered for development Page 5 of 7

223 and in the planning commission's review of a specific subdivision plan or site 224 development plan application. 225 226 In general, the use of available development options such as planned residential 227 developments, cluster developments and rural residential cluster developments is 228 strongly encouraged to take advantage of the design and the planning feasibility in 229 new development projects afforded by these options to preserve and protect 230 environmentally sensitive features and the natural processes associated with these 231 features to the maximum extent possible. 232 233 11.2 11.3 Stormwater management. All developments over one acre in size shall be 234 required to limit the rate of stormwater runoff so that no greater rate of runoff is 235 permitted than that of the site in its predevelopment condition. Where farm field or 236 disturbed earth is the predevelopment condition, meadow shall be used as the 237 starting base for such calculations instead of the actual predevelopment condition. 238 The method for such calculations shall be that contained in the United States 239 Department of Agriculture, Natural Resources Conservation "Engineering Field 240 Manual Notice TR-55," as amended. For all developments over five acres in size, a 241 stormwater management plan prepared by a registered engineer or registered 242 landscape architect shall be required as a part of the site development plan 243 submission to the City of Dover, including calculations for increased runoff and the 244 sizing of all pipes and channels and stormwater retention or detention ponds and 245 other stormwater management structures or facilities. All development must be 246 designed, constructed, and maintained in accordance with State of Delaware Sediment 247 and Stormwater regulations. The planning commission may require stormwater 248 management in excess of the minimum regulations in areas with documented drainage 249 problems upon concurrence with the Kent Conservation District, State of Delaware, or 250 the City Engineer. 251 252 11.3 Soil erosion and sedimentation control. All developments shall protect streams, 253 lakes and ponds, marshes and wetlands from sedimentation damage and shall 254 control erosion in accordance with the Delaware State Soil Erosion and 255 Sedimentation Control Act (7 Del. C. § 4001 et seq.), adopted by and administered 256 by the City of Dover. Erosion control measures such as minimizing the area of 257 exposed soil, mulching, building silt catchment basins, and planting temporary 258 ground cover shall be instituted as necessary. 259 260 For all developments over one acre in size, a soil erosion and sedimentation control 261 plan prepared by a registered engineer or registered landscape architect shall be 262 required as part of the site development plan submission to the City of Dover. 263 264 BE IT FURTHER ORDAINED THAT: Appendix B – Zoning, Article 12 – Definitions, be 265 amended by adding the definitions in blue bold italics font in the proper alphabetical order of this 266 article, as follows: 267 268 Vegetative Ground Cover: Grass and a combination of shrubs and/or trees planted or 269 naturally occurring that occupies a portion of a property for the purpose of maintaining or 270 improving water quality or natural conditions of the land. 271 Page 6 of 7

272 Wetlands: Lands that are inundated or saturated by surface or ground water at a frequency 273 and duration sufficient to support, and that under normal circumstances do support, a 274 prevalence of vegetation typically adapted for life in saturated soils conditions. 275 276 SYNOPSIS 277 The proposed ordinance updates the provisions of the Zoning Ordinance 278 relating to environmental protections by: 279 Clarifying that paving is prohibited within flood hazard areas (100-year flood 280 plain). 281 Setting forth standards for redevelopment within flood hazard areas. 282 Removing the 25-foot setback requirement from flood hazard areas. 283 Creating a variable buffer requirement from waterways, with variation based 284 on planting and bank stabilization. 285 Identifying exceptions to the buffer requirement, based on amenities that are 286 necessary intrusions (such as decks, patios and docks) for enjoyment of the 287 waterway. 288 Identifying by name the water bodies to which the buffer requirements apply. 289 Requiring that a wetland delineation or “statement of no wetlands” be 290 included in all development applications. 291 Creating a requirement to identify seasonal high water table on lots in 292 residential subdivisions and prohibiting basements below the season high 293 water table. 294 Giving the Silver Lake Commission a role in reviewing and making advisory 295 comments to the Planning Commission on projects abutting Silver Lake. 296 Defining “Vegetative Ground Cover” and “Wetlands.” 297 298 299 ADOPTED: * 300 301 Actions History: 302 September 27, 2010 – Proposed First Reading - Council 303 September 13, 2010 – Parks, Recreation and Community Enhancement Committee 304 Page 7 of 7

1 of 3 FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2011-26 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 2 The amounts hereinafter named in various City funds are changed from the currently approved revenues/receipts 3 and appropriations to the revised revenues/receipts and revised appropriations for use by the various departments 4 of the Municipal Government for: 5 City of Dover 6 Governmental Capital Projects Fund 7 Proposed Budget Amendment - Fiscal Year 2011 2010/11 2010/11 BUDGET REVISED 8 BUDGET ADJUSTMENTS BUDGET 9 BEGINNING BALANCE & RECEIPTS: 10 BEGINNING BALANCE - PROJECTS $ 65,479 $ 162,1 13 $ 2 27,592 11 BEGINNING BALANCE - LIBRARY - 34,5 83 34,583 12 STATE GRANTS 3,343,520 888,8 28 4,2 32,348 13 INTEREST EARNINGS 10,900 - 10,900 14 POLICE GRANTS 18,000 - 18,000 15 LIBRARY BOND ISSUE/CONTRIBUTIONS 1,000,000 - 1,0 00,000 16 TRANSFER FROM GENERAL FUND FOR PROJECTS 1,307,839 - 1,3 07,839 17 TRANSFER FROM PARKLAND RESERVE (JWP ADDTN) - 36,8 72 36,872 18 TRANSFER FROM LIBRARY RESERVE 2,343,519 20,2 13 2,3 63,732 19 TRANSFER FROM CAPITAL ASSET RESERVE 140,000 (140,0 00) - 20 TOTAL BUDGET $ 8,229,257 $ 1,002,6 09 $ 9,2 31,866 21 DEPARTMENT EXPENDITURES: 22 FIRE $ 288,210 $ (64,5 10) $ 2 23,700 23 GROUNDS MAINTENANCE 63,675 - 63,675 24 LIBRARY 6,687,039 943,6 24 7,6 30,663 25 RECREATION 45,000 36,8 72 81,872 26 POLICE 282,380 53,5 00 3 35,880 27 STREETS 481,055 - 4 81,055 28 SANITATION 246,075 - 2 46,075 29 INFORMATION TECHNOLOGY 12,000 - 12,000 30 MAYOR 31,500 - 31,500 31 TOTAL EX PENDITURES $ 8,136,934 $ 969,4 86 $ 9,1 06,420 32 CURRENT YEAR BALANCE - PROJECTS 92,323 33,1 23 1 25,446 33 TOTAL BUDGET $ 8,229,257 $ 1,002,6 09 $ 9,2 31,866

2 of 3 FIRST READING 34 City of Dover 35 Water/Wasterwater Improvement & Extension Fund 36 Proposed Budget Amendment - Fiscal Year 2011 2010/11 2 010/11 BUDGET REVISED 37 BUDGET ADJUSTMENTS BUDGET 38 BEGINNING BALANCE & RECEIPTS: 39 PRIOR YEAR BALANCE - WATER $ 743,431 $ 847,443 $ 1,590,874 40 PRIOR YEAR BALANCE - WASTEWATER 543,668 (589,333) (45,665) 41 BOND PROCEEDS - WASTEWATER 3,016,200 - 3,016,200 42 STATE LOAN FUND - WATER - 2,404,017 2,404,017 43 STATE LOAN FUND - WASTEWATER - 5,597,956 5,597,956 44 TRANS FR WATER/WASTEWATER FOR WATER 500,000 - 500,000 45 TRANS FR WATER/WASTEWATER FOR WASTEWATER 500,000 - 500,000 46 TRANSFER FROM IMPACT FEE RESERVE 242,040 516,781 758,821 47 FEDERAL/STATE GRANTS (WASTEWATER) - 45,248 45,248 48 TOTAL BUDGET $ 5,545,339 $ 8,822,112 $ 14,367,451 49 DEPARTMENT EXPENSES: 50 WATER 620,000 2,985,055 3,605,055 51 WASTEWATER 1,560,700 5,515,294 7,075,994 52 TOTAL EXPENSES $ 2,180,700 $ 8,500,349 $ 10,681,049 53 CURRENT YEAR BALANCE - WASTEWATER BOND 2,153,140 - 2,153,140 54 CURRENT YEAR BALANCE - WATER 623,431 266,405 889,836 55 CURRENT YEAR BALANCE - WASTEWATER 588,068 55,358 643,426 56 TOTAL BUDGET CURRENT YEAR BALANCES $ 3,364,639 $ 321,763 $ 3,686,402 57 TOTAL BUDGET $ 5,545,339 $ 8,822,112 $ 14,367,451

3 of 3 FIRST READING 58 City of Dover 59 Electric Improvement & Extension Fund 60 Proposed Budget Amendment - Fiscal Year 2011 2010/11 2010/11 BUDGET REVISED 61 BUDGET ADJUSTMENTS BUDGET 62 BEGINNING BALANCE & REVENUES: 63 PRIOR YEAR BALANCE $ 1,688,861 $ 1,688,307 $ 3,377,168 64 PRIOR YEAR BALANCE BOND - 415,585 415,585 65 INTEREST EARNINGS 40,700 - 40,700 66 STATE REIMBURSEMENT FOR GOVS AVE - 254,757 254,757 67 FEDERAL GRANTS (DOE) - 135,152 135,152 68 TRANSFER FROM ELECTRIC 3,500,000 - 3,500,000 69 TOTAL BUDGET $ 5,229,561 $ 2,493,801 $ 7,723,362 70 DEPARTMENT EXPENSES: 71 ELECTRIC GENERATION $ 1,480,068 $ 471,672 $ 1,951,740 72 TRANSMISSION AND DISTRIBUTION 739,000 - 739,000 73 ELECTRICAL ENGINEERING 1,390,429 379,064 1,769,493 74 TRANSFER TO DEPRECIATION RESERVE - 1,000,000 1,000,000 75 TOTAL EXPENSES $ 3,609,497 $ 1,850,736 $ 5,460,233 76 CURRENT YEAR BALANCE 1,620,064 643,065 2,263,129 77 TOTAL BUDGET $ 5,229,561 $ 2,493,801 $ 7,723,362