Council Minutes with Exhibits 1-7

REGULAR COUNCIL MEETING The Regular Council Meeting was held on October 11, 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. Sophia Russell (Councilwoman), 208 N. New Street, advised members that a citizen had brought to her attention a safety concern regarding youth crossing Saulsbury and Walker Roads. She also suggested that a traffic light be installed at North Dover Elementary School on State College and McKee Road and requested police patrol, noting that there is often speeding traffic along this section of the roadway. The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Mr. Bonar moved for the deletion of Item #9 - Tentative Labor Contract with IUE-CWA 88315 (to be scheduled for the next meeting), seconded by Mr. Leary and unanimously carried. Mr. Bonar moved for approval of the agenda, as amended, seconded by Mr. Leary and unanimously carried. Mr. Ruane requested that Item #7C - Prioritization of Transportation Projects, be removed from the consent agenda for the purpose of discussion. Mr. Leary moved for approval of the consent agenda as amended, seconded by Mr. Salters and carried by a unanimous roll call vote. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF SEPTEMBER 27, 2010 By consent agenda, the Minutes of the Regular Council Meeting of September 27, 2010 were unanimously approved by motion of Mr. Leary, seconded by Mr. Salters and bore the written approval of Mayor Carey. CERTIFICATE OF CONGRATULATIONS - DR. HARRY WILLIAMS, PRESIDENT OF DELAWARE STATE UNIVERSITY On behalf of the Mayor and Council, Mayor Carey presented Dr. Harry Williams with a Certificate of Congratulations on his inauguration as the 10th President of Delaware State University.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 2 Dr. Williams thanked the City of Dover for the recognition and introduced his wife, Dr. Robin Williams, and his sons, Gavin (a 5th grade student at William Henry Middle School) and Austin (a 9th grade student at Dover High School). He stated that all family members have successfully made the transition to the City of Dover and that he looked forward to being a part of this wonderful community. PRESENTATION - MAYOR’S ARTS AWARDS Mayor Carey presented a Mayor’s Arts Award (trophy) to Ms. Jordan Beard. Mayor Carey advised members that Ms. Beard has performed the National Anthem at opening ceremonies for basketball clinics in the area, enjoys drawing and sketching classes at the Dover Art League, has participated in “Poetry In Motion” at the Biggs Museum of American Art, and has sung Christmas carols for visitors at the Delaware Agricultural Museum. He noted that Ms. Beard looks forward to pursuing music and the arts in college in the future. Mayor Carey presented a Mayor’s Arts Award (trophy) to Mr. Jeffrey Heilman. Mayor Carey advised members that Mr. Heilman is a Senior at Dover High School, where he plays the trumpet in the marching band, wind ensemble, jazz band, and pep band. Mr. Heilman has been accepted in the Delaware All-State Concert Band and the Kent County Honors Band, and is a member of the Smyrna Fire Company Band. Mayor Carey also commended Mr. Heilman’s membership in Bugles Across America, an organization that is committed to providing live performances of “Taps” at funeral services for veterans, and noted that Mr. Heilman and his family have traveled to four (4) different states to support this cause. Mr. Heilman thanked all of his previous and current music directors, including Mr. Lenny Knight, Mr. Reggie Daniel, and Mr. Gene Moore, as well as his family, for their support. Mayor Carey presented a Mayor’s Arts Award (trophy) to Mr. Ronald Rider, Jr. Mayor Carey advised members that Mr. Rider is an established accordion player who entertains audiences with music spanning modern, holiday, classical, and ethnic folk genres, including songs from Italian, Polish, Slavic, German, Russian, Hungarian, and Spanish traditions. In addition, Mayor Carey stated that Mr. Rider also participates in choir at his school and has continuously shared his music through community service opportunities, including his most memorable performance before the residents of a local nursing home. Mr. Rider thanked his teacher and the City for the recognition. PROCLAMATION - HALLOWEEN TRICK-OR-TREAT The City Clerk read the following Proclamation into the record: WHEREAS, the children of the City of Dover enjoy the fun and festivities associated with the observance of the Halloween Trick-or-Treat custom of traveling with friends and family going from door to door in their neighborhood, displaying their costumes, and gathering treats; and WHEREAS, parents are urged to join in the festivities by accompanying their children throughout their journeys in celebrating Halloween Trick-or-Treat; and

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 3 WHEREAS, residents are requested to indicate their willingness to welcome children by keeping their porch or exterior lights on and that youngsters call only on homes so lighted; and WHEREAS, the Mayor of the City of Dover has deemed it advisable to observe the celebration of Halloween Trick-or-Treat on Saturday, October 30, 2010 between the hours of 6:00 p.m. and 8:00 p.m. NOW, THEREFORE, I, Carleton E. Carey, Sr. MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim that the Halloween Trick-or-Treat observance be held on the 30th day of October 2010, between the hours of 6:00 P.M. and 8:00 P.M. in the City of Dover and urge all residents, both young and old, to make this a happy and safe occasion for our children. PROCLAMATION - BREAST CANCER AWARENESS MONTH The City Clerk read the following Proclamation into the record: WHEREAS, breast cancer forms in tissues of the breast, usually the ducts and lobules. It occurs in both men and women, although male breast cancer is rare; and WHEREAS, breast cancer is the most common cancer in women in the Unites States, aside from skin cancer. It is the second leading cause of death in women; and WHEREAS, it is estimated that more than 190,000 new cases of invasive breast cancer are expected to be diagnosed among women and more than 40,000 women will die from this disease in the United States this year; and WHEREAS, the basic treatment choices for breast cancer are surgery, radiation, chemotherapy, and hormonal therapy; and WHEREAS, a patient and their physician will choose the treatment that is right for him/her based on the location and extent of the cancer; patient's age and preferences, and the risks and benefits of each treatment; and WHEREAS, some of the most common risk factors are: sex, age, personal history, family history, the breast cancer gene, first pregnancy after age 25 or 35, having no children, the use of Hormone Replacement Therapy (HRT), and Oral Contraceptives; and WHEREAS, Mammography screening remains the best available method to detect breast cancer early; and NOW, THEREFORE, I, Carleton E. Carey, Sr., MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim October 2010 as BREAST CANCER AWARENESS MONTH throughout the City of Dover and encourage all citizens to join in activities that will help the community understand what they can do to prevent and control breast cancer.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 4 Mayor Carey presented the Proclamation to Mrs. Melany Sammons, Director of the Statewide Mobile Mammography Facility. Mayor Carey introduced Mrs. Jean Peters, a Stage 3 breast cancer survivor of 20 years, and stressed the importance of proper testing and treatment. Mayor Carey noted that during the month of October, in the evening, the City of Dover flagpoles at various buildings are lit in “pink” to bring about awareness of breast cancer. There being no objections, Council President Hogan declared a brief recess to allow for photographs for the Mayor’s Arts Awards. Meeting Recessed at 7:47 P.M. and Reconvened at 7:58 P.M. (Mr. Salters arrived at 8:03 p.m. and Mayor Carey arrived at 8:08 p.m.). UTILITY COMMITTEE REPORT - SEPTEMBER 27, 2010 The Utility Committee met on September 27, 2010 with Chairman Ruane presiding. Delaware State University (DSU) Force Main Reroute Mr. Ron Lunt, Public Utilities Director, advised members that the FY 2011 Operating Budget for the Public Utilities Wastewater Management Division includes a capital project to install a new force main from the west end of West Rustic Lane to the existing Delaware State University (DSU) force main along the Delaware Civic Center property. He explained that this project will consist of installing approximately 1,000 feet of 16-inch diameter ductile iron pipe. Mr. Lunt noted that the existing DSU force main currently flows to the Delaware Technical and Community College (DTCC) pump station, and the proposed force main rerouting will also provide for the reversal of flow from the DTCC pump station through valve installation and utilizing the remaining portion of the existing DSU force main. He advised members that flows from both pump stations will no longer discharge into Kent County Station #2 but will instead discharge into the new US Route 13 West Sanitary Sewer Interceptor (Rt. 13 Interceptor). Mr. Lunt noted that the DSU force main rerouting construction drawings were submitted to Eastern States Construction Services, Inc., who is currently constructing the Rt. 13 Interceptor. He stated that City staff and KCI Technologies, Inc., (KCI) the City’s Project Manager on the Rt. 13 Interceptor, reviewed the Eastern States Construction Services, Inc. bid proposal and found it free of math errors and/or discrepancies. KCI also conducted an independent cost analysis of the proposed project and found the Eastern States proposal to be reasonable and acceptable when compared to current construction costs. Mr. Lunt noted that the source of the funds for this project will be the Delaware Water Pollution Control Revolving Loan Fund Program, using the excess funds from the Rt. 13 Interceptor project, which was anticipated during the budget process. The Rt. 13 Interceptor project was budgeted at $3,201,480, the actual construction bid was $2,308,800, and the current estimated completion cost is approximately $2.6M. He stated that KCI and City staff are confident that the Rt. 13 Interceptor project cost will remain below this estimate; therefore, the City will have approximately $600,000 in excess loan funds to support the completion of the DSU/DTCC Force Main Rerouting project. Mr. Lunt stated that since this is the final stage of the Rt. 13 Interceptor, the DSU/DTCC Force Main

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 5 Rerouting project will be submitted to DNREC as part of an approved change order to the ongoing Rt. 13 Interceptor project. He noted that City staff has received assurance from DNREC staff that this is an acceptable change order to the loan program due to this interconnectivity. Staff recommended approval of the proposal submitted by Eastern States Construction Services, Inc. in the amount of $240,300 for the construction of the DSU/DTCC Force Main Rerouting and that the Finance Department be authorized to include the additional expenditure as a change order and a part of the existing loan agreement between the City of Dover and the Delaware Water Pollution Control Revolving Loan Fund Program. Responding to Mr. Bonar, Mr. Lunt assured members that the 16-inch pipe is substantially larger than what is currently needed and will accommodate future expansion when necessary. He advised members that Kent County performed some of the engineering work on this project to assure it would be adequate for the County’s rerouting/bypassing project for the current interceptor, which saved the City approximately $26,000 that was budgeted for engineering work. In response to Mr. Ruane, Mr. Anthony DePrima, City Manager, assured members that City Council was made aware of the appropriation for this project. The Committee recommended approval of the proposal submitted by Eastern States Construction Services, Inc., in the amount of $240,300, for the construction of the DSU/DTCC Force Main Rerouting and that the Finance Department be authorized to include the additional expenditure as a change order and a part of the existing loan agreement between the City of Dover and the Delaware Water Pollution Control Revolving Loan Fund Program, as recommended by staff. By consent agenda, Mr. Leary moved for approval of the Committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. Commercial Recycling Fee Mr. Scott Koenig, Public Services Manager/Director of Public Works, advised members that, during the changeover of vendors for the curbside recycling program, the Delaware Solid Waste Authority (DSWA) informed the City of its intent to discontinue recycling collection service to 17 Dover businesses that do not have City trash services. These 17 businesses use a private trash collection service due to their individual business needs. These customers were receiving direct service from the DSWA for a fee of $6.00 per month, per container; however, as of September 1, 2010, the DSWA no longer provides service to these customers. Staff requested authorization to create a special billing code and implement a fee of $6.00 per month per container for commercial curbside recycling for customers who do not have City of Dover trash collection services. Responding to Mr. Snaman, Mr. Koenig stated that the six (6) customers who are listed outside of the City limits are located in “in-fill” areas along Governors Avenue and are existing DSWA customers. He noted that staff did not recommend extending recycling services outside of the City limits at this time. The Committee recommended approval of staff’s recommendation.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 6 By consent agenda, Mr. Leary moved for approval of the Committee’s recommendation authorizing staff to create a special billing code and implement a fee of $6.00 per month per container for commercial curbside recycling for customers who do not have City of Dover trash collection services. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote. Request for Alley Abandonment (paper) - 18 Elm Terrace - Valerie Satterfield A request was received from Ms. Valerie Satterfield for the abandonment of an unimproved alley running east-west on property located at 18 Elm Terrace. Members were provided with a map of the area. Since the alley is unimproved and is considered to be a “paper” alley, it does not require review by the Development Advisory Committee (DAC) or Planning Commission. Ms. Satterfield, 18 Elm Terrace, advised members that she wishes to erect a shed on the property behind her garage and that, prior to requesting a building permit, she assumed it would be necessary to own the property. Since the alley has not been used for several years, if ever, she requested that the alley be abandoned. Responding to Mr. Ruane, Ms. Satterfield stated that, if approved, she would be willing to pay for any costs involved with the preparation of the necessary deed. She relayed no objection to the utility easement that will be retained by the City. Mr. Anthony DePrima, City Manager, advised members that the homes that front on the south side of Elm Terrace have a paper alley that transects their property. In essence, he stated that these property owners own two (2) lots; one (1) on both sides of an alley that was not developed or dedicated to the City, but still appears on official tax maps. The situation has existed since this area was developed in the first half of the 1920s or 1930s. The owners of these properties have enjoyed the full benefit of this land without finding a need to abandon the alley. Mr. DePrima assured members that he reviewed the proposal with various City departments and that there was no objection to the abandonment. He noted there is a sewer line that transects the alley; therefore, staff recommended that the City retain a utility easement on the property. Any legal expenses related to the processing of the deeds or annexing the property to adjacent lots is to be paid for by the property owner. Although the sewer lines were depicted on the map provided, Mr. Snaman suggested that staff provide details as to the location of all utilities for future requests. Responding, Mr. DePrima relayed no objection to such a request. For the record, Major Kosior noted that his property is located immediately to the west of Ms. Satterfield’s and relayed no objection to the request. The Committee recommended approval of the alley abandonment at 18 Elm Terrace, reserving a utility easement on the property. (City Clerk’s Note: In accordance with the City’s Procedure for Alley Abandonments, Resolution No. 2010-11 setting the Public Hearing, will be presented to Council for consideration for adoption.)

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 7 By consent agenda, Mr. Leary moved for approval of the Committee’s recommendation, seconded by Mr. Salters and by a unanimous roll call vote, Council adopted Resolution No. 2010-11, as follows: A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF CERTAIN ALLEYS SITUATED IN THE CITY OF DOVER. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: Section 1. The Council of the City of Dover favors the vacating and abandoning of the following alley: All that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, a 12 foot wide paper alley running west to east approximately 67.00 feet from the southwest property corner of Parcel No. 1: Tax Parcel #ED-05- 077.09-05-65.00 to the southeast property corner of said parcel, then running in a southerly direction 12 feet to the northeast property corner of Parcel No. 2 - Tax Parcel #ED-05-077.09-05-65.00, then running east to west approximately 68.27 feet to the northeast corner of Parcel No. 2 - Tax Parcel #ED-05-077.09-05-65.00, then running in a northerly direction 12 feet to back to the southwest property corner of Parcel No. 1: Tax Parcel #ED-05-077.09-05-65.00, comprising 811.62 square feet, more or less. Section 2. The Council of the City of Dover will sit on Monday, October 25, 2010, at 7:30 p.m., in the Council Chambers at City Hall, Dover, Delaware, to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158, Volume 36, Laws of Delaware). Section 3. The Clerk of Council is hereby directed to post copies of this Resolution in five or more public places in the City of Dover. ADOPTED: OCTOBER 11, 2010 Request for Alley Abandonment (paper) - Girl Scout Lane - Traci McDowell A request was received from Mrs. Traci McDowell for the abandonment of an unimproved portion of Girl Scout Lane, which runs behind her properties located at 80 and 100 Nixon Lane. Members were provided a map of the area. The roadway is unimproved and is considered to be a “paper” road; therefore, it does not require review by the DAC or Planning Commission. Mrs. McDowell, 115 Nixon Lane, advised members that Girl Scout Lane is an unimproved, paper road, which she has been maintaining for several years. If the abandonment is approved, she stated that it would provide enough property to allow her to subdivide and build another house at some time in the future.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 8 Responding to Mr. Ruane, Mrs. McDowell assured members of her understanding that, if approved, she would be responsible for any costs involved with the preparation of the necessary deed. She relayed no objection to the utility easement that will be retained by the City. Mr. Anthony DePrima, City Manager, advised members that Girl Scout Lane is an unimproved (dirt) lane/alley that was annexed into the City of Dover and never paved. Only one (1) house fronts on the alley. He stated that the properties on the west side of Nixon Lane have access to the rear of their lots and that Mrs. McDowell owns two (2) properties on the east side of the lane on the north end. The west side of the Lane is owned by the City and is associated with Dover Park. There are two (2) lots on the west side of the Lane that are owned by David and Mary Miller. Only the one (1) lot is impacted by this abandonment. Mr. DePrima reminded members that when abandoning roadways with owners on both sides of the property, the City will offer one half to each owner. In this instance, he stated that the City has no interest in the half that runs along Dover Park, noting that the area is outside of the fence and has not been maintained by the City. He stated that no City departments objected to the abandonment and that there are no utilities in the proposed abandonment area. Mr. DePrima indicated that any legal expenses related to the processing of the deeds or annexing the property to adjacent lots would be paid for by the property owner. In response to Mrs. McDowell, Mr. DePrima confirmed that the map provided to members did not depict the correct abandonment. He advised members that the abandonment would include property from Nixon Lane back to and including Girl Scout Lane. Mr. Ruane requested that the correct map be provided to City Council when this matter is presented for their consideration. Responding to Mr. Snaman, Mr. DePrima stated that Mr. and Mrs. Miller may or may not exercise their right to take ownership of their half of the alley. If they do not, the area would remain a part of the alley. The committee recommended approval of the abandonment of the unimproved lane adjacent to 80 and 100 Girl Scout Lane, reserving a utility easement for existing utilities, as requested by Mrs. McDowell. (City Clerk’s Note: In accordance with the City’s Procedure for Alley Abandonments, Resolution No. 2010-12 setting the Public Hearing, will be presented to Council for consideration for adoption.) By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Salters and by a unanimous roll call vote, Council adopted Resolution No. 2010-12, as follows: A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF CERTAIN ALLEYS SITUATED IN THE CITY OF DOVER.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 9 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: Section 1. The Council of the City of Dover favors the vacating and abandoning of the following alley: All that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, beginning at the northeasterly corner of Tax Parcel #ED-05- 068.19-01-32.00 and running west a distance of 175.00 feet to a set yellow capped pin at the northwesterly corner of said parcel, then running in a southerly direction a distance of 200.00 feet to a set yellow capped pin at the southwesterly corner of said parcel, then running in a southerly direction a distance of 250.00 feet along the western property line of Tax Parcel #ED-05-068.19-01-42.00 to a set pipe in the East line of Girl Scout Lane (unopened), then running in a westerly direction 27.5 feet along the same bearing as the southern property line of Tax Parcel #ED-05-068.19- 01-42.00 to the West line of Girl Scout Lane (unopened), then running is a northerly direction a distance of 477.50 feet to a set corner of Tax Parcel #ED05-068.19-01- 28.00, then running easterly a distance of 202.50 feet to the intersection of the west line of Nixon Lane and the north line of Girl Scout Lane, then running south a distance of 27.5 feet to the northeasterly corner of Tax Parcel #ED-05-068.19-01- 32.00, comprising 17,943.75 square feet, more or less. Section 2. The Council of the City of Dover will sit on Monday, October 25, 2010, at 7:30 p.m., in the Council Chambers at City Hall, Dover, Delaware, to hear the objections of such residents of the City or owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the Charter of the City of Dover (Chapter 158, Volume 36, Laws of Delaware). Section 3. The Clerk of Council is hereby directed to post copies of this Resolution in five or more public places in the City of Dover. ADOPTED: OCTOBER 11, 2010 Dedication of Rights-of-Way and Infrastructure - Susan Place Mr. Scott Koenig, Public Services Manager/Director of Public Works, submitted a request for all public infrastructure improvements associated with the construction of Susan Place, located within the Persimmon Park Place Subdivision, to be dedicated to the City of Dover for permanent ownership and maintenance. Members were provided a list (noted as Attachment A to the Committee Action Form) that identified the public improvements associated with the proposed dedication, as well as a map (noted as Attachment B to the Committee Action Form) that showed the general location and configuration of the subject right-of-way. Mr. Koenig advised members that Separe, Inc., constructed most of the improvements in accordance with City standards and specifications and that, last fall, the developer paid the City to complete the final construction of the street. He stated that, as of this date, all work related to the public infrastructure has been completed.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 10 Staff recommended acceptance of the dedication of rights-of-way and public infrastructure for Susan Place and that the dedication include all of the referenced public improvements. The Committee recommended acceptance of the dedication of rights-of-way and public infrastructure for Susan Place and that the dedication include all of the referenced public improvements. By consent agenda, Mr. Leary moved for approval of the Committee’s recommendation to accept the dedication of rights-of-way and public infrastructure for Susan Place and that the dedication include all of the referenced public improvements (Exhibit #1 and Exhibit #2). The motion was seconded by Mr. Salters and carried by a unanimous roll call vote. Update - Green Energy Funding and Programming Members were provided a Green Energy Funding and Programming Update - Stimulus Funding. Mr. Ron Lunt, Public Utilities Director, reviewed the information provided to members, stating that there had been a slight change in the funding and programming. He reminded members that the State Energy Office has allocated $2M of the federal American Recovery and Reinvestment Act stimulus money received by the State towards reducing the existing backlog of approved residential green energy grants that have delayed grant payments due to insufficient funds in the respective grant program. He stated that the $2M has been put into one (1) fund that is available to the City of Dover, other Delaware Municipal Electric Corporation (DEMEC) participants, Delmarva Power, and Delaware Electric Cooperative customers. Mr. Lunt stated that the City has one (1) customer in the delayed grant program who would have paid once the grant funds were available; however, the establishment of the new fund would provide the opportunity to receive these monies in advance (or earlier). He explained that the customer could apply directly to the State Energy Office for funds. A home energy audit of the residence in question would be required, with a rebate of up to $250 (50%) available to cover this cost. The customer would be required to complete improvements totaling a minimum of $500 to the residence based on the audit, and this cost could also be rebated. The Committee recommended acceptance of the Update on the Green Energy Funding and Programming. By consent agenda, Mr. Leary moved for approval of the Committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. Review of Utility Related CIP’s (Electric and Water/Wastewater) (June) Members were provided a Project Tracking Report, as of June 30, 2010, for the Utility (Electric and Water/Wastewater) Related Capital Investment Plan (CIP). Responding to Mr. Ruane, Mr. Anthony DePrima, City Manager, indicated that the Cooling Towers Repair/Renovation Project is a FY2011 Project and was not included in the CIP Report provided. He stated that the condensation problem has been resolved and that, to his knowledge, there have been no complaints filed regarding “soot” damages to the vehicles of nearby residents.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 11 With regards to Mr. Ruane’s questions regarding the Bayard Avenue Project, Mr. Ron Lunt stated that the east side of North State Street, and Bayard Avenue Projects are being completed by the internal construction crew. He noted that currently, Phase A of North State Street, which includes Hazel and Rodney Roads, is underway. Mr. Lunt explained that once construction is completed there, the crew will move to Bayard Avenue to begin construction. Following completion of this project, the crew plans to return to North State Street to begin Phase B. He stated that the Route 13 Program has been delayed due to Delaware Department of Transportation (DelDOT) requirements involving an extensive traffic management plan that has been submitted for approval. Once approved, bids will be solicited, since this project will be contracted. In addition, Mr. DePrima reminded members that these three (3) projects were part of the State Revolving Loan, which caused a substantial delay. Concurring, Mr. Lunt indicated that the City was not provided the funds until after the first of the fiscal year and that the engineering work had to be accomplished. Responding to Mr. Bonar, Mr. Lunt stated that the last paperwork submitted to DelDOT by the City regarding this matter was in August. Mr. Bonar suggested that staff contact DelDOT to expedite the required approval and if there is a delay, he felt that it may be necessary for City Council to become involved. In response to Mr. Ruane, Mr. DePrima stated that the Review of the CIP is scheduled to be presented to members each month. He reminded members that there is always a delay in submitting the June report since it is the end of the fiscal year. Mr. Ruane suggested that a “prepared date” be included on the report. The Committee recommended acceptance of the Utility Related CIP’s Report. By consent agenda, Mr. Leary moved for approval of the Committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. PACE/NAES Monthly Report (June and July) Due to time constraints, Mr. Ruane suggested that the PACE/NAES Monthly Report be considered by members during their next meeting. He noted that he had concerns regarding the Reports and requested that staff provide an update on the condition of the plants. By consent agenda, Mr. Leary moved for acceptance of the Utility Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - SEPTEMBER 27, 2010 The Legislative, Finance, and Administration Committee met on September 27, 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

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 12 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. Mr. Leary noted that there were no critical positions to be considered; therefore, no further action was required. Minority Procurement Program Policy Members were advised that the City does not have a tracking or control mechanism for seeking minority/women vendors for purchases in the mid-range of $5,000.00 - $24,999.99. As a result, staff submitted a proposed amendment to Section 3.4 of the Purchasing Policy, along with the addition of Appendix E, to provide a mechanism to ensure minority/women vendors are approached for purchases within this range and a mechanism for tracking by the Procurement Manager. Mr. Anthony DePrima, City Manager, reminded members that this matter was previously discussed and that Mr. Clay Hammond, Chairman of the Delmarva Black Chamber of Commerce and Vice President of Business Development, Global Diversity Group, has reviewed the proposed amendments and has indicated his concurrence. Mr. Pete Gregg, Contract and Procurement Manager, reviewed the proposed amendment and form (Appendix E), which will be utilized by departments. In response to Mr. Salters, Mr. Gregg explained that when the 3% minority vendor preference is applied, staff considers the amount of a minority bid at 3% less than submitted. This allows the City to select a minority vendor who may not have been the lowest bidder (as long as it is within 3% of the lowest bid); however, the City pays for the services at the full bid amount. Mr. Jay Burks, Director of the State Office of Minority and Business Women Enterprises, stated that the database utilized consists of those businesses that are certified as 51% owned/managed by minorities and/or women. He advised members that the database contains over 1,800 certified vendors and is available for public access. Mr. Salters requested specifics regarding the percentage of minority-owned businesses and those that are located in Kent County. Responding, Mr. Burks stated that the information would be provided to Mr. Gregg for distribution to members. The Committee recommended approval of the proposed amendment to Section 3.4 of the Purchasing Policy for purchases in the mid-range of $5,000.00 - $24,999.99 and Appendix E of the Purchasing Policy. By consent agenda, Mr. Leary moved for approval of the Committee’s recommendation for approval of the proposed amendment to Section 3.4 of the Purchasing Policy for purchases in the mid-range of $5,000.00 - $24,999.99 and Appendix E of the Purchasing Policy (Exhibit #3 and Exhibit #4), seconded by Mr. Salters and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 13 By consent agenda, Mr. Leary moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and carried by a unanimous roll call vote. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - SEPTEMBER 29, 2010 The Safety Advisory and Transportation Committee met on September 29, 2010 with Chairwoman Williams presiding. Discussion - Manchester Square Safety Concerns Ms. Ami Sebastian-Hauer, Executive Director of the Dover Housing Authority (DHA), reviewed a Presentation from the DHA (attachment to Committee minutes). She noted that on August 24, 2010, at 5:00 p.m., a major shooting occurred at Manchester Square involving 15 people. Ms. Sebastian- Hauer stated that the Dover Police Department responded immediately and that the majority of the individuals involved were apprehended. She stated that all of the individuals, with the exception of one (1), have since made bail. Since this incident, there has been an alarming increase in the number of reports of shots being fired and/or weapons displayed at several DHA properties. Ms. Sebastian-Hauer advised members of improvements being made by the DHA with regards to safety and security. She requested that the City of Dover consider increasing the number of police officers in the community policing division. She explained the vital importance of the visibility of police officers, as well as the development of relationships between the police and residents. Ms. Sebastian-Hauer introduced Mr. Dave Sweeney, of Advantech, Inc., the contractor who performed the upgrades and additions to the security systems for the DHA. Responding to Mrs. Williams, Police Chief Hosfelt indicated that in 2006, five (5) City police officers were assigned to community policing and four (4) officers to quality of life (nuisance crimes), for a total of nine (9) officers. He stated that the Police Department currently has only six (6) officers serving in these areas, and the community policing and quality of life teams have been combined due to the necessity to reallocate officers to address other problems in the City, such as sex offenders. He reminded members that, due to budget constraints, he agreed to maintain the police force at 91 for FY 10, rather than returning the authorized strength of the force to 93 officers. In response to Mr. Clay Hammond, 505 Troon Road, Chief Hosfelt stated that the City is no longer eligible for the Weed and Seed Grant, explaining that there is a five (5) year window before a new application can be made. He stated he had made an inquiry to the Attorney General’s Office regarding the City’s status in this matter. With regards to the incident on August 24, 2010, Ms. Sebastian-Hauer reiterated that none of the individuals involved were legal tenants of the DHA, although some were unauthorized guests or family members of three (3) tenants. She assured members that the DHA has taken appropriate action regarding those three (3) tenants in enforcing their “zero tolerance” approach. Responding to Mrs. Williams, Ms. Sebastian-Hauer stated that there is a problem with gang activity at Manchester Square that is continuing to worsen.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 14 Ms. Joybeth Guy, 745-B Bacon Avenue, advised members that she has resided in Manchester Square for three (3) years and problems have been in existence there for several years. It was her feeling that the DHA is not managing the property in a manner that would prevent the situations that are occurring. She felt the situation there has become out of control. Mr. Bobby Wilson, 1561 Nathaniel Mitchell Road, questioned how long security cameras in the area have been “out of service.” Responding, Ms. Sebastian-Hauer stated that only one (1) camera was out of operation and that the security camera system was recently updated. Mr. Wilson noted that a shooting incident occurred on June 26, 2010, and questioned the delay in responding to the problems that have been occurring. He advised members that this shooting involved the front window of one of the residents and that the window has not been repaired to date. It was his understanding that no one from the DHA has spoken with this resident, who felt like a prisoner in her own home. Mr. Wilson stated that, due to fear, she does not “live” in the first floor of her home, where the window is located. He suggested that the DHA improve their relationship with their residents. In response to Mr. Wilson’s concerns, Ms. Sebastian-Hauer indicated that there are two (2) residents at the home where the window was shot and that it is a one (1) story home. These residents have been offered transfers as part of the DHA’s relocation program and have been provided choice vouchers to move from the development. Ms. Sebastian-Hauer assured members that information regarding this incident was provided to the Dover Police Department and that there are investigations pending. She advised members that when the DHA has requested increased police presence, there have been complaints from the tenants. Ms. Sebastian-Hauer explained that, while the DHA enforces the “one strike” policy and lease provisions, they must also respect the civil rights and privacy of the tenants. Mr. Hammond advised members of his previous involvement with public housing and felt that a more effective strategy in dealing with these concerns is to focus on prevention rather than monitoring undesirable activity. It was his feeling that resources must be provided to address the needs of families in the community, explaining that children do not want to sell drugs but they must be given alternatives. He suggested involving tenants and getting them to take ownership. In response to Mrs. Williams, Chief Hosfelt stated that when the Dover Police Department had substations located at Senate View and Manchester Square there was much less crime in these areas. Regarding the incident that occurred on August 24, 2010, Chief Hosfelt stated that warrants have been obtained for eight (8) individuals, six (6) of whom have been arrested and two (2) of whom remain at-large. He explained that there were two (2) groups of subjects involved whose ages ranged from 10 to 20, and several shots were fired across the Manchester Square Development. Information obtained from witnesses indicated that there were 20 to 30 gunshots fired. Chief Hosfelt stated that the City was very fortunate that no one was injured or lost their life as a result of this incident; however, there was damage to three (3) vehicles and houses in the area. He advised members that a subsequent search warrant for a follow-up investigation resulted in the recovery of a 45-caliber, semi-automatic pistol, as well as an SKS assault rifle with a caliber of 223, which is the same caliber that the U.S. military carries in Afghanistan and Iraq.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 15 Chief Hosfelt advised members that, since 2008, there have been 15 gang-related shootings in Dover, three (3) gang-related stabbings, and five (5) gang-related homicides in or around subsidized housing (not just DHA projects). He stated that, since 2005, the Police Department has been educating the public regarding gang problems that were occurring and/or were anticipated in the City. He stated that the gangs in the Dover area consists of the “Bloods” and “Crips,” which are active in the neighborhoods of Capital Park, Capital Green, Liberty Court, Downtown Dover, and Whatcoat. He noted that there are other gangs, such as “Three Block,” which is a sect of the “Bloods” located in the downtown area. Chief Hosfelt stated that when he began on the police force 22 years ago, it was a rare occurrence to hear a “shots fired” announcement over the radio; however, it is now common to hear this at any time of day. He stated that from January 1, 2010 through the beginning of September, 91 calls of “shots fired” were received by the Police Department. Chief Hosfelt recommended increasing the number of authorized officers. He advised members that hiring and training a new officer is an 11-month process that includes a background check, 20 weeks of training at the Police Academy, and a 12-week training period with Dover officers. He stated that manpower surveys and workload assessments indicate that 34 additional police officers are needed for the City of Dover, which he understood was unrealistic. Chief Hosfelt stated that he would like Dover to have four (4), 12-man shifts, which would require an additional six (6) officers in order to put two (2) officers back into community policing. Responding to Mrs. Russell, Ms. Sebastian-Hauer explained that if an individual commits a crime on property owned by the DHA, they are placed on a “banned list.” Once banned from public housing, an individual is banned for life unless a request for removal is submitted. She stated that the banned list is provided to all residents, who are advised to contact the Police Department if anyone on the list is observed on the property since the individual would be trespassing. Mr. Bonar stated that, although he supports the “right to bear arms,” it was his opinion that handguns and automatic weapons have no place in the City of Dover except in the hands of police officers in the line of duty. He felt that the City should send a message to those coming into the City carrying a handgun that they are not welcome and that this message should be sent to the “Bloods” and “Crips.” He felt that the City should provide the Police Department with all the ammunition and resources required to do their job and ensure that the citizens of the public housing areas are safe. Referring to the City’s Vision Statement in regards to the City of Dover being “a place where people want to live,” Mr. McGlumphy stated that this refers to “all” people, regardless of where they reside. He stated that public housing residents should be provided the opportunity to live in peace and without fear. He requested that the DHA continue their efforts and strongly recommended that the City heed the information that was provided to members. He noted that the City has an additional $2M, which was presented during the discussion of Proposed Ordinance #2010-26, Budget Amendments, which was presented for a First Reading before City Council on September 27, 2010, and he felt that this matter should be the number one (1) priority for the City.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 16 In response to Mr. Harmon, Chief Hosfelt indicated that there are no requirements for owning a handgun in the City of Dover. He explained that when a handgun is purchased, the gun must be registered; however, if the purchaser then sells the gun, there is no requirement to update gun registration. Mr. Hammond suggested the possibility of creating a non–profit organization to address quality of life issues. It was his feeling that this would bring the churches, public sector, masonic community, and fraternity/sorority communities together and would provide additional funding resources. As an example, he stated that churches could offer positive alternatives, such as “movie nights” for children. Referring to the maintenance of DHA property, Mr. Wilson noted that lack of proper maintenance can draw undesirable elements into a community. He questioned which department is responsible for inspecting the DHA properties. Responding, Mrs. Ann Marie Townshend, Director of Planning and Community Development, stated that the City’s Inspection Department is responsible for conducting inspections. She stated that more than 3,000 rental permits have been issued in the City and that the Department’s manpower has also been reduced; therefore, only 600 units were inspected last year. Mrs. Townshend explained that the Department is currently operating in a complaint- driven mode and that recently, due to the large number of foreclosures and vacant properties, many demands have been placed upon staff. Mrs. Williams suggested that the maintenance issue be considered by members during an upcoming meeting and invited Mr. Wilson to participate in further discussion at that time. The Committee recommended that the manpower for the City of Dover Police Department be increased to 100 and to explore the necessary means of raising the revenues to see this accomplished. Mrs. Williams moved for approval of the Committee’s recommendation, seconded by Mr. Bonar. In reviewing the Committee’s deliberations, Mr. Leary noted that Chief Hosfelt had requested an additional six (6) officers and that the motion would actually add nine (9). He questioned the rationale for recommending more officers than requested by staff. Responding, Mr. Bonar explained that the decision to add nine (9) additional officers was to accommodate times when officers are not available due to vacations, illness, or other reasons. He noted that Chief Hosfelt stated this need during the Committee Meeting. Mr. Bonar felt that the gravity of the situation demands that the Police Department be manned at a level sufficient to handle these issues and that hiring additional officers would “send a message” to the citizens of Dover that Council wants to assure that there are enough officers to respond when necessary. He reminded members of an incident that occurred approximately two (2) months ago at the corner of State and Loockerman Streets which involved over 300 individuals who were fighting in the middle of the street. Mr. Bonar stated that other police departments from as far away as Smyrna and Milford were contacted for assistance with this disturbance, which occurred after the closing of a bar. He felt that the culture of violence developing among young people, the lack of respect for law enforcement and the law in general, and gang- related shootings were unacceptable. It was his opinion that by understaffing the Police Department, the City was failing to provide the citizens with the service they deserve.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 17 Mrs. Williams advised members that Chief Hosfelt had reported the success of community policing in the past. In addition, she noted that officers had been removed from the Community Policing and Quality of life Programs to work on the Sex Offender Program, and that crime had increased as a result. For clarification, Chief Hosfelt stated that two (2) officers were transferred from the Community Policing Unit to the Sex Offender Unit. He noted that, due to the budget shortfall, the Police Department agreed to reduce the number of officers from 93 to 91 in the FY 2010 budget and these two (2) positions remain vacant, which has created a void in the Community Policing Unit. (City Clerk’s Office Note: Information received from Chief Hosfelt subsequent to this meeting indicates that the Sex Offender Unit was created in September 2008 after Council approved two (2) additional officers in the FY 2007/08 Budget and added them to the force. The newly established Sex Offender Unit continued and expanded upon the existing functions of the Community Policing Unit.) Mrs. Russell stated that, although she agrees that there is a need for additional officers, she did not agree with the number of additional officers recommended due to the lack of funding, explaining her feeling that the City’s budget cannot accommodate the recommended additional officers. Mr. Ruane relayed concerns regarding the procedure for considering this matter. Although he understood the gravity of the situation, it was his feeling that the request was taken out of context. He stated that the steps being taken by the DHA to deal with the situation were appropriate and he was reluctant to dedicate police officers to a particular area. Mr. Ruane noted that a request to increase staff would normally be presented as a detailed recommendation, including budget information. He advised members that, according to staff, the cost for one (1) police officer would be $82,724 and the cost for each additional vehicle (if necessary) would be $22,300, which equates to a total of $105,000 per officer for the first year, explaining that this cost would escalate due to step and grade increases as provided in the police employment contract. Mr. Ruane felt that a more detailed analysis should be provided and presented to members during the mid-year budget review. He felt it would be premature to act without determining funding or studying the issue to determine if additional police officers would be an appropriate solution. He suggested that the matter be referred to the Legislative, Finance, and Administration Committee for further analysis. Mr. Salters questioned whether the DHA had taken all necessary steps to assure that unwanted persons are prevented from accessing public housing properties. He suggested that it was the responsibility of the DHA to provide security for their residents and felt it would be more cost effective to erect fencing and security that would allow access only to residents and guests. He questioned if additional officers would actually resolve the issues and suggested that the creation of a “gated community” might prove to be more beneficial. Responding, Mrs. Williams advised members that off-duty officers are currently utilized to provide additional security during the evenings in public housing areas, in addition to high-level security cameras. She reminded members that the DHA, like any other landlord, must comply with the Landlord Tenant Act. Unless there is just cause and due process, she stated that a resident cannot be evicted or denied occupancy based on their associations. With regards to available funding, Mrs. Williams reminded members that $2M had been identified by the Controller/Treasurer in the budget carry forward and, although this has not yet been audited, she suggested that some of these

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 18 funds be utilized for this purpose. She explained that the urgency to act is due to the reality that children are victims of these acts of violence. It was her feeling that it would be unconscionable for the City to know that children are in jeopardy and not take any action in this regard. Understanding the concerns of several members, Mr. Bonar advised members that there is an 11 to 12 month preparation process before new police officers are equipped to “take to the streets;” therefore, unless the recommended action is taken immediately, the additional police officers would not be fully deployed until approximately a year after the next budget is adopted. He noted that the Downtown Dover Partnership has allocated $26,000 for extra duty officers to police the City’s downtown business community and he felt that this was an indication that the City has not properly funded the Police Department. Mr. Bonar stated that the Police Department, along with the Fire Department, is a fundamental part of the City. Although he supported the Police Department and was sympathetic to their needs, Mr. McGiffin relayed concern with making “piecemeal” budgetary decisions that would have a large impact on the City’s budget. He felt that this decision should be made in the context of all other budget considerations and reminded members that the Police Chief is authorized to assign officers and address priorities as they present themselves. It was his opinion that the current level of police officers was a substantial number for the City of Dover. Responding to Mr. Leary, Mr. Anthony DePrima, City Manager, stated that the mid-year budget review is typically scheduled for the first week in March. Mr. Ruane reminded members of the City’s budget situation and questioned the ability of members to vote on an issue without first identifying revenue sources. He noted that the recommendation would possibly require a property tax increase and, previously, several members adamantly rejected an increase in property taxes. In response to the suggestion to erect fencing and/or create a “gated community,” Mr. Bonar reminded members that during a recent shooting incident, individuals were shooting at people from a City-owned park through a fence that surrounds a community development. In order to prevent this from occurring, he noted that there would be a need to install a solid, eight (8) foot wall. He explained that the Committee recommended providing the police force the manpower needed to protect the citizens of Dover. Mr. Bonar indicated that, based on figures provided earlier, the City was considering an increase of ½ of 1% to fund a $186,000 bond issue for the library; therefore, if it is necessary to raise taxes to fund this recommendation, he stated that it may require a 1½% to 2% tax increase to fund the Police Department at a level that would give them the manpower to handle situations and re-establish various programs. Mr. Salters felt that the City was being presumptuous in thinking that the Police Department can stop the situations that are occurring in public housing communities. He reiterated the need to conduct a comprehensive study, noting that additional action by the DHA was needed.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 19 Mr. McGlumphy reminded members of the City’s Vision and Mission Statement and expressed his concern about the magnitude of violence in the City of Dover. He stated that there are times when a staffing “surge” is required and that this may not necessarily reflect what is required in the future. He explained that this is a safety issue that is critical at this time and that members should not delay taking the necessary action to help resolve these matters. He felt that the City would be negligent if action was not taken at this time. Mr. Leary moved to amend the motion by requesting that the Council President refer this item to the appropriate committee or committees for a proper and full exploration of the problems from the standpoint of law enforcement, for an examination into the operation and role of the Dover Housing Authority, and to study the budgetary impact, including funding sources. The motion was seconded by Mrs. Russell. Mrs. Russell noted that Mrs. Williams sits on the Board for the DHA and suggested that she recuse herself from this matter. On the call for the question by Mr. Bonar, the amendment to the motion was carried by a roll call vote of eight (8) yes and one (1) no (Mr. McGlumphy). The motion to approve the Committee’s recommendation that the manpower for the City of Dover Police Department be increased to 100 and to explore the necessary means of raising the revenues to see this accomplished, and that the Council President refer this item to the appropriate committee or committees for a proper and full exploration of the problems from the stand point of law enforcement, for an examination into the operation and role of the Dover Housing Authority, and to study the budgetary impact, including funding sources, was carried by a roll call vote of five (5) yes and four (4) no (Mrs. Russell, Mr. McGlumphy, Mr. Salters, and Mr. Ruane). Waiver Request for Length of Dead-end Street (Cul-de-Sac) in Wynsome Oaks Subdivision on White Oak Road Members considered a waiver request which would allow the length of a dead-end street in the Wynsome Oaks Subdivision to exceed 400 feet. The Conceptual Subdivision Plan proposes to create 17 parcels from an existing parcel totaling 12.78+/- acres. The property is located on the south side of White Oak Road, southwest of Mourning Dove Lane. The owner of record is TFLD Management, LLC (Tax Parcel: LC-05-068.00-01-18.00-000). Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members that the Subdivision Plan for this project proposes 17 parcels with residual land, and the entrance street leading into the site is off White Oak Road. The Subdivision Ordinance limits a dead end street to a maximum length of 400 feet. The proposed development proposes a dead end street of 900+/- feet. The street layout in the subdivision proposes one (1) main street (Bella Boulevard) and a stub street (Emerson Drive) to connect to the property to the west. The portion of Bella Boulevard, south of the intersection with Emerson Drive, that will end in a cul-de-sac is 400 feet in length and would be permitted. However, until the road connection to the west is established, the entirety of Bella Boulevard will be a dead end street exceeding 400 feet in length.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 20 Mrs. Townshend advised members that the Planning Commission recommended approval of the waiver to allow the length of the dead end street to exceed 400 feet. The Committee recommended approval of the requested waiver, as recommended by the Planning Commission. By consent agenda, Mr. Leary moved for approval of the Committee’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. Prioritization of Transportation Projects During their meeting of August 25, 2010, members were advised that in the upcoming 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. 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. Members recommended that the Mayor and Mrs. Ann Marie Townshend, Director of Planning and Community Development, 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. (This recommendation was approved by City Council on September 13, 2010.) 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 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.) Mrs. Townshend reviewed the previous year’s priority listing that was provided to members as well as staff’s comments, which were noted in red. With reference to the Delaware Route 8 Study, Mrs. Townshend advised members that there have been intense discussions with the Capital School District regarding the construction of the new Dover High School. She stated that two (2) stub streets were constructed in the Village of Westover and Village of Cannon Mill with the intent that these streets would connect to the property to the north (now the site of the proposed Dover High School) when it was developed. Mrs. Townshend noted that the Capital School District has been very resistant to interconnection. Staff has agreed that if the school district provides a bicycle/pedestrian connection at the stub street in the Village of Westover, this would be sufficient; however, with approximately 1,000 units in the Villages of Westover and Cannon Mill, she stressed that it is unacceptable to have individuals drive to Artis Drive or Mifflin Road, which are already overly congested intersections; and therefore, there is a need to connect to the stub street in the Village of Cannon Mills. She noted that the new high school is planned to open in 2014 and she provided a map depicting the road connection (Forrest Avenue and Hazlettville Road) that will ultimately be required (attachment to Committee minutes). In discussions with DelDOT regarding this matter, Mrs. Townshend explained the necessity for both the City and the School Board to give this road connection high priority in order for this project to come to fruition and for funding to be in place when the high school opens.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 21 In addition, members discussed the possibility of a crossover bridge for pedestrians at the school. Mr. Scott Koenig, Public Services Manager/Director of Public Works, explained the high costs that would be associated due to the need to meet requirements under the Americans with Disabilities Act. After much discussion, staff recommended that Priority #1 - Intermodal Transportation Terminal (Dover Transit Hub) be removed, #8 - Delaware Route 8 Study become either #1 or #2, #4 - West Dover Connector become either #1 or #2, and that the remaining priorities remain the same. The Committee recommended the establishment of new priorities for Transportation Projects as recommended by staff, with Priority #8 becoming #1 and Priority #4 becoming #2. In response to Mr. Ruane, Mrs. Townshend stated that during the Committee meeting, members were advised that the site improvements for the Dover Transit Center are underway and that State Capital Funding would not be granted for a building. Although the Department of Transportation will work with a public/private partnership on the project, she stated that the building will be built by the private sector and the publicly funded portion of the Transit Center will be completed this year. Mr. Ruane indicated his understanding that the Delaware Department of Transportation (DelDOT) is interested in the building and would be issuing a Request for Proposals (RFP) to obtain a private developer for the project. He relayed concern that if the project were not included on the list, it would be misconstrued that the Transit Center is no longer a priority for the City of Dover. He suggested that this project be included on the list. Mr. Ruane also relayed concern with the North/South Road between Route 8 and Hazlettville Road on the west side of the Capital School District Property and the Village of Cannon Mills (Project from Delaware Route 8 Study) being listed as a priority before the longstanding priority of the City and the Chamber of Commerce for the West Dover Connector. At the request of Mrs. Williams, Mrs. Townshend reiterated her significant concerns regarding traffic on Artis Drive and Mifflin Road and the overly congested intersections in that area. She reminded members that DelDOT has indicated that if the City and School District state that this project is a priority, DelDOT would possibly take the necessary action to expedite it. She noted that a DelDOT project can sometimes take decades to complete and, with the school proposed for completion in 2014, she felt that it was necessary to indicate its priority. Mrs. Townshend assured members that listing this project as the top priority did not indicate it is more important than the West Dover Connector; however, if the high school opens and the only ingress and egress is via Route 8, a “regional transportation nightmare” will be created. Mr. Ruane advised members that the West Dover Connector project is finally being considered a priority with DelDOT and he feared that if the West Dover Connector does not remain as Priority #1 with the City of Dover, the perception will be that funding can be taken from this project to fund the Route 8 project. In addition, he noted that the top project for the Chamber of Commerce and the economic development community is the Garrison Oak Connector Road. He advised members that

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 22 DelDOT has already bought the right-of-way for the connector road and that there are tenants preparing to move into the area, and many others who would potentially be interested, provided there was a service road. Mr. Ruane moved that the West Dover Connector remain listed as Priority #1; the Garrison Oak Connector Road be listed as Priority #2; the North/South Road between Route 8 and Hazlettville Road on the West Side of the Capital School District Property and the Village of Cannon Mills (Project from Delaware Route 8 Study) be listed as Priority #3; the Dover Transit Center be listed as Priority #4; and the remaining projects follow in the order previously listed. The motion was seconded by Mr. Leary. In response to Mr. Leary, Mrs. Townshend explained that, although the City’s ranking has some influence, DelDOT considers the eminent needs of the area and that the City’s priorities are only one (1) factor of many that DelDOT takes into consideration. On a call for the question by Mrs. Williams, the motion that the West Dover Connector remain listed as Priority #1; the Garrison Oak Connector Road be listed as Priority #2; the North/South Road between Route 8 and Hazlettville Road on the West Side of the Capital School District Property and the Village of Cannon Mills (Project from Delaware Route 8 Study) be listed as Priority #3; the Dover Transit Center be listed as Priority #4; and the remaining projects follow in the order previously listed (Exhibit #5), was carried by a roll call vote of five (5) yes and four (4) no (Mr. Bonar, Mrs. Russell, Mr. McGlumphy, and Mrs. Williams). Briefing on Delaware Department of Transportation (DelDOT) Projects - Gary Laing Mr. Gary Laing, Community Relations Officer for the Delaware Department of Transportation (DelDOT) and Public Relations Liaison, briefed members on DelDOT Projects, as follows: West Dover Connector Mr. Laing stated that a workshop was held by DelDOT on September 28, 2010, regarding the West Dover Connector and that approximately 200 people were in attendance. During the workshop, DelDOT presented the preferred alternative and stated that changes will be made to this alternative as a result of comments received. Mr. Laing stated that money is available in the draft Capital Transportation Program (CTP) which will allow DelDOT to move forward with project engineering for the design of the road in FY11 and FY12, right-of-way acquisition in FY12 and F13, and construction in FY14, FY15, and FY16. He stated that the total expenditure is estimated at $22M, that the process began in 2004, and that it will be 12 more years before the roadway is completed.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 23 South Governors Avenue Improvements Mr. Laing reported that, according to contract, paving of South Governors Avenue from Wyoming Avenue to just south of Water Street will begin next week. Additional work is required at the Water Street intersection; therefore paving of this intersection cannot be completed at this point. Responding to Mrs. Williams, Mr. Scott Koenig, Public Services Manager/Director of Public Works, stated that the Governors Avenue Improvement Project will not solve the water problem at the intersection of Water Street. He explained that, in order to reduce the flooding at Water Street, it will be necessary to upgrade the piping system from the intersection to the St. Jones or past Elm Terrace and Kerbin Street, where the pipe comes to daylight. This upgrade would cost approximately $3M-$4M. Responding to Mr. Bonar, Mr. Laing indicated that, according to the project contract, all Governors Avenue road work is to be completed by the end of the year. Water Street Railroad Crossover Mr. Laing advised members that there is no new information to report on the Water Street railroad crossover, explaining that this project is a long way from being realized. He reminded members that any at-grade railroad crossing requires approval of the railroad. Mr. Bonar relayed concern that this project will not be necessary once the Transit Center is complete. He stated his feeling that a railroad crossing would not be desired next to the Transit Center. Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members that there has been much discussion regarding the railroad crossover being key to pulling the downtown and Eden Hill areas together. Wyoming Mill Road Project Mr. Laing advised members that he spoke with the manager of the Wyoming Mill Road Project who estimated that the project will be let out to bid in approximately one (1) month. He explained that there are two (2) properties that must be acquired and funds must be shifted internally. Mr. Laing stated that the project is planned to go to construction in the Spring of 2011. Briefing on Dover/Kent County Metropolitan Planning Organization (MPO) Projects - Juanita Wieczoreck Due to the absence of a representative from the Dover/Kent County Metropolitan Planning Organization, there was no briefing provided to members. Mrs. Williams moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Salters and unanimously carried.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 24 MONTHLY REPORTS - AUGUST 2010 By motion of Mr. Leary, seconded by Mr. Salters, 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 PERMANENT EASEMENT AGREEMENT WITH DELDOT FOR ACCESS AND MAINTENANCE AGREEMENT OF LANDS LOCATED WEST OF GARRISON FARM PROPERTY PARCEL (LC-05-068.00-01.01) Mr. Anthony DePrima, City Manager, advised members that agreements between the City of Dover and LS Power for the Development of the Dover Sun Park required the City of Dover to secure access and maintenance easements to 24.39 acres of DelDOT-owned lands west of the Sun Park. He explained that the purpose of the easement is to remove trees that will cast a shadow on the Solar Panels and assured members that LS Power has agreed to reimburse the City for the easement and associated costs, including $25,000 for the easement and $2,250 for the appraisal of the property. Mr. DePrima stated that once the easement is secure, the City will develop an agreement with LS Power to complete the initial work to provide for maintenance. Staff recommended that the Mayor be authorized to execute the Permanent Easement Agreement with DelDOT. Mr. Ruane moved for approval of staff’s recommendation that the Mayor be authorized to execute the Permanent Easement Agreement with DelDOT (Exhibit #6), seconded by Mr. Salters and carried by a unanimous roll call vote. AUTHORIZATION TO PURCHASE CITY OF DOVER DEFINING AND INFORMATION PAGES IN THE KENT COUNTY DELAWARE 2011 PROFILE Mr. Anthony DePrima, City Manager, advised members that Independent Newspapers, Inc., publishes an annual Kent County Delaware Profile, which is designed to help with the economic growth of the County and will be used by the Economic Development Office, the Chambers of Commerce, local businesses, realtors, colleges and universities, hospitals and medical groups, etc., to attract new businesses and industries to the area, and to recruit professionals and executives for employment. There will be 10,000 copies of this booklet printed and distributed throughout the year. Mr. DePrima reminded members that last year, this expense was paid for out of Council’s budget and requested that the $1,200 cost for the information page be paid from Council’s budget again. Staff recommended authorization to place a City of Dover Information Page in the Kent County Delaware 2011 Profile and that staff be authorized to include this cost in the budget for future years.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 25 Mr. Ruane questioned why this expense would not be the responsibility of the Economic Development Office. Responding, Mr. DePrima stated that the request for the item to be paid for from the Council’s budget was based on the previous year’s action. Mr. Bonar moved for approval of staff’s recommendation authorizing staff to place a City of Dover Information Page in the Kent County Delaware 2011 Profile at a cost of $1,200, to be paid for from Council’s budget, and that this expense be included in the Economic Development Budget in future years. The motion was seconded by Mr. Leary and carried by a roll call vote of five (5) yes and four (4) no (Mrs. Russell, Mr. McGlumphy, Mrs. Williams, and Mr. Ruane). EVALUATION OF BIDS - PAYROLL, TIMEKEEPING, AND HUMAN RESOURCES SERVICES CONTRACT Members were provided information regarding a Request for Proposal (RFP) for Outsourcing Payroll Services - Integrated Human Resources and Payroll Services. Mrs. Donna Mitchell, Controller/Treasurer, reminded members that a cost/benefit analysis to compare outsourcing versus hiring additional payroll staff was previously shared with the City Manager, Human Resources Director, and City Council. Prior to issuing an RFP, in March 2010 department heads and representatives from City Departments reviewed a demonstration of the Automatic Data Processing system to assist in analyzing the payroll outsourcing option. The response was favorable and it was determined that this system would improve efficiency City-wide, particularly for the largest departments, Police and Public Utilities. Members were provided details regarding the cost/benefit analysis as well as the cost of outsourcing. Mrs. Mitchell stated that, based on the analysis, the manual system used today costs the City $414,685 compared to a projected cost of $114,209 with the Integrated Human Resources, Time Keeping, and Payroll services. She estimated a potential savings of $300,476, taking “human error” into consideration. Mrs. Mitchell advised members that three (3) proposals were received in response to the RFP, all of which met the criteria including functionality, qualifications, and project understanding. She stated that the RFP requested all vendors to price the service on an annual basis for 410 active employees (including seasonal help) and 236 retirees. A summary of the proposal review, including fees, was provided to members for their review. Responding to Mrs. Williams, Mrs. Mitchell stated that services provided by the City’s Human Resources Department include maintaining the Employee Handbook, performance evaluation, orientation and processing of new employees, recruitment, City activities (e.g., Munch Lunch), employee awards, etc. In reviewing the concept of outsourcing, she stated that it was discovered that the City never utilized the Human Resources module of the HTE system. This resulted in the Payroll Department handling the Human Resources function as it relates to status forms and other personnel paperwork in order to complete payroll. Mrs. Mitchell stated that the proposal will allow for a fully integrated system that is not in existence today with the HTE system. Although she was not aware of any direct cost savings related to the Human Resources Department personnel, she noted that there

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 26 are four (4) employees authorized for the Human Resources Department and that there are currently only three (3) active employees. She suggested the possibility of the fourth employee not being necessary as a result of the outsourcing. Mrs. Williams requested that the City Manager provide Council with a brief bullet list of the functions provided by the Human Resources Department. Mrs. Mitchell also advised members that staff included in their review the potential for the City’s Pension Trust Custodian, Wells Fargo, to handle the issuance of pension payments and benefit changes for retirees. Staff requested payroll vendors to provide separate pricing for retiree payments for this purpose. It was determined that Wells Fargo was a little less costly than the payroll vendor and that it would improve efficiency in the Finance Department, since all transactions would go directly to the Pension accounts without passing through the payroll account. Mrs. Mitchell stated that if Council agrees with the recommendations, staff would notify all active and retired employees of the change by October 31, 2010, to take effect on January 1, 2011. Staff recommended authorization to award a three (3) year contract, to begin January 1, 2011 and end December 31, 2013, to ADP for Human Resource, Payroll, and Time and Attendance services totaling $95,335.10 per year, plus equipment leases in the amount of $5,160.00; and authorization to award a contract to Wells Fargo for retiree payments at an annual cost of $5,664. Mr. McGiffin moved for approval of staff’s recommendation, seconded by Mr. Bonar and carried by a unanimous roll call vote. FINAL READING - PROPOSED ORDINANCE #2010-26 The First Reading of the following proposed ordinance was accomplished during the Council Meeting of September 27, 2010. FY 2011 Budget Amendment - Project Budgets Mrs. Williams moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Salters and unanimously carried. Mr. Salters moved for adoption of Ordinance #2010-26 (Exhibit #7), seconded by Mr. Leary and carried by a unanimous roll call vote. COUNCIL MEMBERS ANNOUNCEMENTS Mr. McGiffin reminded members to mark their calendar for June 25, 2011 for the next African American Festival. Mrs. Williams moved for adjournment, seconded by Mr. Bonar and unanimously carried.

CITY COUNCIL MEETING OF OCTOBER 11, 2010 PAGE 27 Meeting Adjourned at 9:26 P.M. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of October 11, 2010, are hereby approved. CARLETON E. CAREY, SR. MAYOR /TM/jg S:\AGENDAS-MINUTES-PACKETS-PRESENTATIONS-ATT&EXH\Council-Minutes\2001-2010\2010\10-11-2010 Council.wpd Exhibits Exhibit #1 - List of Dedication of Rights-of-way and Public Infrastructure Susan Place (Attached to Original Minutes and File Copy) Exhibit #2 - Map of Dedication of Rights-of-way and Public Infrastructure Susan Place (Attached to Original Minutes and File Copy) Exhibit #3 - Proposed Amendment to Section 3.4 of the Purchasing Policy (Attached to Original Minutes and File Copy) Exhibit #4 - Appendix E of the Purchasing Policy (Attached to Original Minutes and File Copy) Exhibit #5 - Revised 2010 City of Dover Transportation Projects Prioritization List Exhibit #6 - Permanent Easement Agreement with DelDOT (Attached to Original Minutes and File Copy) Exhibit #7 - Ordinance #2010-26 - FY2011 Budget Amendment - Project Budgets (Attached to Original Minutes and File Copy)

EXHIBIT #1 Regular Council Meeting of 10/11/2010 DEDICATION OF RIGHTS-OF-WAY AND PUBLIC INFRASTURCTURE SUSAN PLACE – PERSIMMON PARK PLACE ATTACHMENT A The following is a list of all public improvements which are to be accepted by the City of Dover: Sewer Utility Infrastructure (Construction Value = $56,250): 8” SDR-35 PVC Sanitary Sewer Main - 1,125 l.f. 6” PVC Sanitary Sewer Laterals - 460 l.f. (23 laterals) 4' Diameter Sanitary Sewer Manholes - 5 ea. (25.50 v.f.) Water Utility Infrastructure (Construction Value = $45,500): 8” C900 PVC Water Main - 1,300 l.f. 6” C900 PVC Water Main - 481 l.f. 1” Polyethylene Water Service Lines - 460 l.f. (23 services) 8” Gate Valve - 1 ea. 6” Hydrant Valve - 2 ea. Fire Hydrants - 2 ea. Storm Water Infrastructure (Construction Value = $20,000): Catch Basins - 6 ea. 15” Type III Reinforced Concrete Pipe - 78 l.f. Street Infrastructure (0.23 miles) (Construction Value = $100,000): Susan Place - From Station 00+00 to Station 12+25 1,225 l.f.

Attachment B EXHIBIT #2 Regular Council Meeting of 10/11/2010 Susan Place-Persimmon Park Place Right of Way to be Dedicated to the City of Dover a Sus nP lac e 0 75 150 300 Feet ¯ Legend Date Printed: September 16, 2010 Date Created: September 16, 2010 Right of Way to be Dedicated File: m:\gis_data\projects\st_dedication_map Department: Public Services GIS Dover Parcels City of Dover, Delaware

EXHIBIT #3 Regular Council Meeting of 10/11/2010 3.4 PURCHASING THRESHOLD TABLE PURCHASING THRESHOLDS Less than $5,000 $5,000 to $24,999 $25,000 & Over Open market; Department Head Department Head solicit no less than Formal Invitation to Bid (ITB) or Request for discretion to obtain quotes; three (3) written quotations; If fewer Proposal (RFP/RFQ); No less than three (3) than three (3) quotations, justification potential vendors supplied to Central Services; must be included; Purchases will be made by Quotations and support Pre Solicitation Meeting required of the designated personnel; documentation to be maintained in respective Department & Procurement Central Services files as public record; Manager to discuss appropriate procedures and To include name of vendor, date of specifications; submission, and amount; Use the quotation worksheet in Appendix E. Approved invoices sent to Requires requisition and purchase Public sealed bid or sealed proposal procedures Accounts Payable for payment. order through the financial system; as outlined in Appendix A; Purchases under existing City All purchases will be made by Central Public Advertising at least once a week for two contracts shall be made in Services or the Police Department (2) consecutive weeks in publication with accordance with the terms of such Purchase Coordinator by Purchase circulation in each county of the State; contract. Order or Contract, Additional advertising discretionary; Supplies available from City stock Award shall be made to the lowest Lowest and/or most responsive bid will be should not be procured from third and the best quotation; Vendor accepted; Vendor references may be checked party vendors. references may be checked; to verify ability to meet contract requirements; Item numbers, quantities, unit Item numbers, quantities, unit cost, Public Bid/Proposal Opening; Time and date cost, and extension must be and extension must be completed on of public bid opening shall be stated in the completed on every purchase every purchase order for materials or notice for bids; Delivered to Central Services, order for materials or paying for paying for contracted labor at hourly 710 William Street, Dover, DE 19904 contracted labor at hourly rates; rates; Approval - Department Head Fax and email quotations are Bid Bond or certified check in the amount Level acceptable; equivalent to ten percent (10%) of the bid amount for items/contracts over $25,000; Can be waived by Purchasing Agent and Department Head; Electronic Approval - City Manager Performance Bond required for construction & Treasurer work; Purchase Order to include: Faxed bid are not acceptable for this category; Unit Cost $; Account number; project Sealed bids may be emailed to number if applicable; Brief description bids@dover.de.us or as agreed to with the of item or service when not identifiable; Department Head; Quotes from each vendor in comments; Purchases exceeding $25,000 shall require NOTE – Changes to Purchase Orders Council approval for sole source procurement, are to be completed through the greater than budget and not low bidder; financial systems. Purchase Orders Committee/Council Action Forms to include: received with manual changes to Budget $, P. O. $ or Unit Cost $; Account amounts/unit cost will not be number; project number; page number in budget; processed by the Finance Department. Bid/RFP number if applicable. If unit cost bid include cost comparison. If blanket bid or proposal is for recurring services, provide average annual cost for past three years for the service. Description and recommended action.

EXHIBIT #4 Regular Council Meeting of 10/11/2010 APPENDIX E CITY OF DOVER QUOTATION WORKSHEET (To be used for purchases between $5,000.00 and $24,999.99) Department: ___________________________ Division: _________________________ Department Contact (Name & number): _______________________________________ Item/Service: ____________________________________________________________ Estimated Dollar Value: ___________________________________________________ Account Code: _________________________________ Project Code: ______________ Vendors (At least three vendors must be used. Include at least one minority or women owned vendor, if available. Use of more than one minority or women owned vendor is encouraged): 1. Go to http://gss.omb.delaware.gov/omwbe/index.shtml. 2. Select Minority and/or Women Business Enterprise Directory 3. Search by keyword i.e. Electrician, Construction, Furniture List keyword(s) used: ______________________________________________ 4. Each company displayed will have its assigned NAICS code listed. List NAICS Code(s) used: __________________________________________ 5. Refine search by NAICS Code if necessary. 6. Were Vendors Found: YES NO If so, how many:__________________ Vendor 1: _______________________________________________________Minority Vendor 2: _______________________________________________________Minority Vendor 3: _______________________________________________________Minority If more than three vendors are used, list them on the reverse of this form. Date sent out for quotes: __________________________ Date due back: _________________________ Date of award: _____________________ Vendor receiving the award: ________________________________________________ Was the 3% minority vendor preference applied in the evaluation? YES NO Was this a minority vendor? YES NO Total dollar amount of purchase or estimated total contract value: $_________________ Purchase Order produced: YES NO PO Number: ________________________ Send completed form to the Procurement Office in Central Services.

Additional vendors used for this purchase Vendor 4: _______________________________________________________Minority Vendor 5: _______________________________________________________Minority Vendor 6: _______________________________________________________Minority Vendor 7: _______________________________________________________Minority Vendor 8: _______________________________________________________Minority Vendor 9: _______________________________________________________Minority Vendor 10: ______________________________________________________Minority Send completed form to the Procurement Office in Central Services.

EXHIBIT #5 Regular Council Meeting of 10/11/2010 CITY OF DOVER 2010 TRANSPORTATION PRIORITIZATION LIST For the purpose of aiding in the prioritization of projects for the coming year, updates have been added to projects that City Council prioritized in 2009. The Delaware Department of Transportation is in the process of developing the FY 2012 - FY2017 Capital Transportation Program (CTP). This sets out the State’s transportation funding priorities over the next six years. Ultimately, the CTP will tie in with the FY2012 Bond Bill approved by the General Assembly in June 2011. The City’s identified transportation priorities, once approved by City Council, will be shared with the Delaware Department of Transportation, and City staff and the Mayor will advocate for these projects, as discussed previously by the Safety Advisory and Transportation Committee. 1. West Dover Connector With the completion of SR 1 around Dover, the east-west corridors in and out of the City have seen increases in traffic. The City of Dover Comprehensive Plan Update in 2003 and the Dover/Kent County MPO Long Range Transportation Plan recommended studying the extension of Saulsbury Road due to persistent and fast-paced growth that contributes to existing and future traffic congestion in the area. The West Dover Connector project is studying the feasibility of extending Saulsbury Road across the Eden Hill Farm and adjacent agricultural parcels making connections to New Burton Road and possibly to US Route 13. Because much of the land needed for such a roadway is undeveloped, the opportunity still exists to make improvements that best accommodate the area's multi-modal transportation needs. Alternative routes and concepts have been developed with the input and guidance of the West Dover Connector Working Group that began in 2004. This group is working in conjunction with DelDOT and with neighborhood and community officials, schools, local government leaders, concerned citizens, federal and state environmental and cultural resource agencies, and others to develop options that meet the diverse needs of the community. Through a series of workshops, the group developed five alternative options to improve mobility across the Norfolk Southern Railroad for all modes of travel to and from the west side of Dover, to reduce congestion at key intersections in the study area, and to improve the connecting roadway network for local travel. City Council, in December 2005, adopted a resolution to endorse Alternative Option 5C as the best possible alternative alignment for the West Dover Connector. The key features of 5C are as follows: • Extends Saulsbury Road over Puncheon Run and the railroad spur on a bridge; • Parallels New Burton Road on the west side of the railroad corridor; • Provides a new connector road across the Kesselring Farm (west of New Burton Road); • Connects to New Burton Road with a ramp; • Connects to US Route 13 using Charles Polk Road corridor; and • Potential connection to Wyoming Mill Road The Resolution stated that Alternative Option 5C has little or no impact on the existing homes, churches, and schools on nearby adjoining streets and would reduce cut-through traffic and 1

traffic volume along Camden-Wyoming Avenue, as well as provide a direct connector to US Route 13. Alternative Option 5C provides for interconnectivity and offers protection of City utilities without impacting the Mayfair Electric Substation. This option would establish a defined southern boundary for the City. This option was one of two concepts recommended by both the Working Group and the Project Team. Alternative Option 5C has been identified in the Dover City Council's Transportation Projects Prioritization as a key aspect of the West Dover Connector project. On September 28, 2010, the Department of Transportation held a workshop and unveiled the preferred alternative, which is a modified 5C. a. West Street/North Street Intersection The intersection of West Street and North Street has been identified as a potentially problematic portion of the road network. Difficulties for northbound traffic on West Street attempting to make left turns are compounded by line of sight issues down North Street. There have not been simple solutions to this issue to date as the road network in the surrounding area is compact enough where even small adjustments to one intersection can have dramatic impacts on other intersections. Increased traffic generation from Eden Hill Farm TND has begun to contribute to congestion in the area and is expected to be more significant with the addition of Eden Hill’s commercial portions. 2. Garrison Oak Connector Road Garrison Oak is a 385-acre tract zoned as IPM2 (Industrial Park Manufacturing Zone-Technology Center) and is the only site in the City to be zoned as such. It has been identified by the City as an ideal location for large technological/green industry firms that require large lot sizes of over twenty acres. DelDOT has acquired the necessary right-of way to build a road extending south to Route 8 to tie in with the interchange. As development plans for Garrison Oak are well underway, the design and construction of this road is a priority for marketing Garrison Oak. The Dover Sun Park is expected to break ground in late 2010, and the City is in negotiations with Macquarie Energy for a gas power plant on another lot in the park. Dover City Council has prioritized this project and recommended that it be identified in the State's six-year CTP. 3. North/South Road between Route 8 and Hazlettville Road on the West Side of the Capital School District Property and the Village of Cannon Mills (Project from Delaware Route 8 Study) The Dover/Kent County Metropolitan Planning Organization conducted a study in 2007 of the State Route 8 corridor from the railroad tracks, west to Artis Drive. The study identifies a number of service roads and alternative roadways to help disperse the traffic pattern and reduce congestion on Route 8. The Capital School District is moving forward with plans for a new Dover High School, and the construction of a north/south road between Artis Drive and Mifflin road, along the west edge of the Capital School District property and immediately west of the Village of Cannon Mills, is important in relieving potential stress on Hazlettville Road, Route 8, Artis Drive, and Mifflin 2

Road associated with traffic related to the new school. While the Capital School District will fund and construct a portion of this road from Route 8 into the Dover High School campus, the Delaware Department of Transportation will need to construct the majority of the road, as more than half of the distance between Route 8 and Hazlettville Road is south of the property owned by the Capital School District. Additionally, sidewalk installation where sidewalk gaps are present might be a priority for implementation to ensure safe pedestrian access to the new Dover High School. 4. Dover Transit Hub (Intermodal Transportation Center) The Dover Transit Hub has outgrown the existing Water Street Transfer Hub in Dover, and DelDOT has purchased the former George & Lynch property at Water and Queen Streets to support the new transit hub. The site improvements involved to construct the bus transfer hub are underway at this site, with the support of federal stimulus dollars. The concept for the site also includes an indoor waiting area, ticket sales, restrooms, and service for local DART, Paratransit and inter-county lines as well as commercial bus service and taxis and office space for lease. The building plans and construction are not part of the improvements underway. More recent discussions including DelDOT, the City of Dover, and the Downtown Dover Partnership would have DelDOT proceed with an RFP to solicit private sector developers to enter into a public private partnership to develop the building on the site. Dover City Council has prioritized this project and recommends that, even if additional State funding is not necessary to pursue the public private partnership to construct a building on the site, the Department continue with efforts to construct the transit center building in a cooperative effort with the private sector. 5. Loockerman Street/Forest Street Improvements This project includes a series of improvements throughout Dover that will encourage economic development and alternative modes of transportation. These improvements include a roundabout adjacent to the Dover Train Station building, new curbing, and new sidewalks. Additionally, this project will enhance Downtown Dover development. This project remains an important component to the western gateway to the downtown. It also ties in with the Clarence Street extension project, which will extend Clarence Street north from North Street to Forest Street. Additionally, a new office building proposal by Bob Duncan on what is referred to as the “triangle site” across from the Duncan Center also makes this a timely project. Dover City Council has prioritized this project and recommended that it be identified in the State's 6-year CTP. 6. US Route 13 Service Road Corridor In adherence to the State’s Corridor Capacity Preservation Program, the addition of service roads from Scarborough Road, east and west of Route 13, from the toll plaza through to Dover Downs, behind the Dover Mall and Wilmington University, would decrease traffic on US 13 in an attempt to get local traffic off Route 13. Dover City Council has prioritized this project and recommended that it be identified in the State's 6-year CTP. 3

The purpose of the US Route 13/113 corridor through the City has changed. This roadway once served the dual purposes of a high speed through travel route and as a local access road to service the many commercial businesses that were constructed along it. With SR 1 serving the needs of through travelers, the US Route 13/113 corridor is becoming a destination for commerce and community activities, as well as a significant employment center for the growing service sector. In order to address the changing character of this roadway, a workshop was conducted by the Dover/Kent County MPO. The purpose of the workshop was to generate new ideas for improving the appearance and operation of the corridor. The organization prepared a report entitled “Concept Plan for US Routes 13 and 113 in Dover – Phase I, Technical Memorandum II: Final Recommendations.” This was adopted by the MPO in November 1, 2000. The final recommendations of the study were: • Create a corridor overlay zone; • Service roads for local traffic; • Assist voluntary development of rear access to business; • Construction of sidewalks and bike paths; • Median landscaping; • Add bus pullovers where needed; • Installation of attractive lights that serve both motorists and pedestrians; • Bury utilities; • Install pedestrian buttons at signals and strip crosswalks heavily; and • Develop a system of appropriate signage. 7. US Route 13 Sidewalk Construction As part of an ongoing effort along the corridor, this project will complete the sidewalk network on both sides of US Route 13. The scope of the project includes addressing accessibility and ADA compliance. Field surveys and preliminary design have been conducted and this project is in the design phase. Dover City Council has prioritized this project and recommended that it be identified in the State's 6-year CTP. 8. Kenton Road Corridor Upgrades The proposal is to upgrade the Kenton Road corridor from Route 8 to Denneys Road to an urban road standard. Improvements to the corridor focus on new pavement sections, sidewalks, shoulders, curbing, enclosed drainage systems, bicycle lanes, lighting and intersection reconfiguration. DelDOT has entered into a contract with Whitman, Requardt & Associates and this project is in the study phase. The study is a large study and, in terms of prioritization, the installation of sidewalks along Kenton Road between Route 8 and College Road would be a first phase priority implementation project from this study that should be added to the CTP. Dover City Council has prioritized this project and recommended that it be identified in the State's six-year CTP. 4

9. College Road Corridor Upgrades Another road improvement project is to upgrade the College Road corridor from Kenton Road to Saulsbury Road to an urban road standard. Improvements in this project include new pavement sections, sidewalks, shoulders, closed drainage system, bicycle lane, lighting and other improvements. Once completed, this road will be similar to Walker Road. Dover City Council has prioritized this project and recommended that it be identified in the State's 6-year CTP. 10. Crawford Carroll Avenue Extension This project will continue the improved right-of-way of Crawford Carroll Avenue from West Rustic Lane in a southerly direction to the site with Circuit City and PetSmart and connect to US Route 13 via a signalized intersection. Crawford Carroll Avenue is a limited access service roadway designed to alleviate traffic congestion on Route 13 and provide local motorists with alternate routes to access the commercial areas of Route 13 in north Dover. This project is currently in Phase III of implementation. Policy/Program Prioritization List 1. Weekend Bus Service 2. Airport Studies and Improvements to Accommodate Passenger and Aircraft Related Industries 3. Red Light Photo Enforcement Program 4. Bike Path Connectivity 5. Continued Exploration of Options for Relocating the Storage and Marshalling of Chemical Cars at the Norfolk Southern Yard on New Burton Road 6. Additional Studies of Next Phase to Implement Commuter Passenger Rail Service between Wilmington and Dover. 5

EXHIBIT #6 Regular Council Meeting of 10/11/2010

EXHIBIT #7 Regular Council Meeting of 10/11/2010 Page 1 of 3 FINAL READING CITY OF DOVER ORDINANCE #2010-26 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 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 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 ADOPTED: OCTOBER 11, 2010 Actions History October 11, 2010 - Proposed Final Reading – Council September 27, 2010 - First Reading – Council September 13, 2010 - Considered by Legislative, Finance & Administration Committee