COUNCIL PACKET

REGULAR COUNCIL MEETING AGENDA November 8, 2010 - 7:30 P.M. - Council Chambers - City Hall - City of Dover OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.) INVOCATION BY RETIRED REVEREND CHARLES MacCALLUM PLEDGE OF ALLEGIANCE LED BY MAYOR CAREY AGENDA ADDITIONS/DELETIONS * CONSENT AGENDA Those items on the Council Agenda which are considered routine and non-controversial shall be marked with an asterisk (*) and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. * 1. Adoption of Minutes - Regular Council Meeting of October 25, 2010 2. Proclamation - Geographic Information Systems (GIS) Day and Geography Awareness Week 3. Public Hearing/Final Reading - Proposed Ordinance #2010-25 with Staff Substitute #1 - Zoning Text Amendments The First Reading of the following proposed ordinance was accomplished during the Council Meeting of September 27, 2010. Copies of the proposed ordinance are available at the entrance of the Council Chambers. A. Ordinance #2010-25 with Staff Substitute #1 - Amending Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 11 - Environmental Protections and Section 16 - Tree Planting and Preservation; and Article 12 - Definitions * 4. Utility Committee Report - October 25, 2010 A. Ten Year Electric System Improvement Plan (Continued from October 11, 2010) (Committee Action Not Required) B. Amendment to Power Plant and Engineering Capital Investment Plan (CIP) Budget (Committee Recommended Approval of the Re-Scheduling of the Existing FY 2011 CIP’s and Approval of the Revised Power Plant and Electric Engineering CIP’s) C. Review of Utility Related CIP's (Electric and Water/Wastewater) (Committee Recommended Acceptance of the Report) D. PACE/NAES Monthly Report - August 2010 (Committee Recommended Acceptance of the Report)

Council Agenda - November 8, 2010 Page 2 * 5. Legislative, Finance, and Administration Committee Report - October 25, 2010 A. Review and Recommendation - Filling Critical Positions - Request for Extension of Part-time Temporary Inspector II (Code Enforcement) (Committee Recommended Approval of Staff's Recommendation that the Part-Time Temporary Inspector II Position in Code Enforcement Be Extended to Permit up to 20 Hours Per Week Through the End of the Current Fiscal Year, at a Cost of $13,300) B. Title Change and Reassignment - Building Maintenance Craftsperson I (Facilities Management) to Storekeeper-Buyer II (Central Services) (Committee Recommended Approval of the Request for a Position Upgrade from Storekeeper/Buyer I to Storekeeper/Buyer II and the Lateral Transfer from Building Maintenance Craftsperson I to Storekeeper/Buyer II) C. Downtown Dover Partnership (DDP) - Request for Safety and Security Funding (Committee Recommended Approval of Staff's Recommendation for Support and Approval of the DDP Assistance/Matching Funds Project) D. Proposed Amendment to Employee Handbook - City of Dover Residential Preference in Recruiting (Committee Took No Action) E. Status of OPEB (Other Post Employment Benefits) and Pension Funds (Committee Recommended Acceptance of the Status of OPEB and Pension Funds, as Presented) * 6. Safety Advisory and Transportation Committee Report - October 27, 2010 A. Discussion - Alcohol Control Measures (Committee Recommended that Staff Schedule a Public Hearing Around February 1, 2011 and that the Matter Be Scheduled for Consideration by the Safety Advisory and Transportation Committee in March 2011) B. Community Leadership Forum - Gang Violence in Dover (Committee Recommended that a Letter of Support Be Written for the Dover Housing Authority Grants and that the City Support Grants for Which the Police Chief May Apply) * 7. Monthly Reports - September 2010 A. Budget Report B. Chief of Police Report C. City Assessor’s Report D. City Manager’s Report E. City Planner’s Report F. Dover Fire Department Report * 8. Monthly CIP Report - August 2010 9. Proposed Resolution No. 2010-15 Ratifying and Confirming Sale of $8,810,000 Electric Revenue Refunding Bonds of the City of Dover (Series 2010) and Related Matters 10. Evaluation of Bids A. Fiber Optic Splicing Contract B. Dover Public Library - Bid Pack A

Council Agenda - November 8, 2010 Page 3 * 11. Appointment Recommended by Mayor Carleton E. Carey, Sr. - Election Board - Second District - Cherrita Matthews (To Fill the Unexpired Term of Gerald P. Foss - Term to Expire May 2012) 12. Council and Committee Meetings - Holiday Schedule 13. Council Members Announcements /tm S:\AGENDAS & MINUTES\Council-Agendas\2010\11-08-2010.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

REGULAR COUNCIL MEETING The Regular Council Meeting was held on October 25, 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, Fire Chief Christiansen, Mr. DePrima, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Carey was also present. OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Hogan declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. Mr. N.C. Vasuki, 235 Carnoustie Road, stated that the City’s new recycling contractor is doing a first rate job. He indicated that they are very efficient, taking about 10 seconds to stop, empty the cart, and move on. The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Mr. Bonar moved for approval of the agenda, seconded by Mr. Leary and unanimously carried. Mrs. Williams requested that Item #7A - Parks, Recreation, and Community Enhancement Committee Report of October 11, 2010 - Status and Review of Library Project and Financing Plan and Item #9B - Legislative, Finance, and Administration Committee Report of October 11, 2010 - Status and Review of Library Project and Financing Plan, be removed from the Consent Agenda. Mr. McGiffin requested that Item #1 - Adoption of Minutes - Regular Council Meeting of October 11, 2010, be removed from the Consent Agenda. Mr. Salters moved for approval of the Consent Agenda, as amended, seconded by Mr. Leary and carried by a unanimous roll call vote. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF OCTOBER 11, 2010 Mr. McGiffin reminded members of their lengthy discussion during the Regular Council Meeting of October 11, 2010 regarding the impact that the creation of the Sex Offender Unit had on the Community Policing Unit. He noted that, subsequently, Chief Hosfelt has clarified that the Sex Offender Unit added police officers to the force rather than detracting from the Community Policing Unit. Mr. McGiffin advised members that a note correcting the record has been included in the minutes. The Minutes of the Regular Council Meeting of October 11, 2010 were unanimously approved by motion of Mr. McGiffin, seconded by Mr. Bonar and bore the written approval of Mayor Carey.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 2 CERTIFICATE OF WELCOME - GREG WILLIAMS, CEO OF DELMARVA RURAL MINISTRIES Mayor Carey presented a Certificate of Welcome to Mr. Gregory Williams, Chief Executive Officer of Delmarva Rural Ministries, Inc. Mr. Williams advised members that Delmarva Rural Ministries provides housing and primary health care services to underserved populations, such as migrant farm workers. RECOGNITION OF SERVICE - PAUL FLEMING - DOVER HUMAN RELATIONS COMMISSION (MARCH 2004 - AUGUST 2010) On behalf of members of Council, Mayor Carey presented Mr. Paul Fleming with a Dover Cup in recognition of his service on the Dover Human Relations Commission from March 2004 through August 2010. Mr. Fleming thanked Council for the opportunity to serve and noted that the Commission has accomplished many good things and will continue to do so. PUBLIC HEARING - PROPOSED RESOLUTION NO. 2010-13 - APPROVING (PAPER) ALLEY ABANDONMENT - 18 ELM TERRACE - VALERIE SATTERFIELD A public hearing was duly advertised for this time and place to consider abandonment of a portion of a 12 foot wide paper alley running between two (2) parcels located at 18 Elm Terrace comprising 811.62 square feet, more or less. Council President Hogan declared the public hearing open. Mrs. Valerie Satterfield, 18 Elm Terrace, advised members that it appears that the alley has never been used and she requested approval of the abandonment so that she could place a shed behind her garage. Mr. Dennis Grimm, 20 Elm Terrace, stated that he was not opposed to the abandonment; however, he did not feel that the property owners should be required to pay for the deed if the City retains a utility easement, thereby making the property unusable to the owner. Responding, Mr. Anthony DePrima, City Manager, noted that this was a partial abandonment that pertained only to 18 Elm Terrace. He also noted that, in this case, the utility runs across the alley, not parallel to it, and Mrs. Satterfield would only be restricted from placing her shed on top of the water line. There being no one else wishing to speak, the public hearing was closed. Mr. Leary moved for approval of the request to abandon a portion of a 12 foot wide paper alley running between two (2) parcels located at 18 Elm Terrace comprising 811.62 square feet, more or less. The motion was seconded by Mrs. Russell and by a unanimous roll call vote, Council adopted Resolution No. 2010-13, as follows: A RESOLUTION VACATING AND ABANDONING A CERTAIN ALLEY SITUATED IN THE CITY OF DOVER.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 3 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 hereby vacates and abandons 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. Since no person has been deprived of property by the vacating and abandoning of the aforesaid alley, no compensation is awarded. Section 3. The City shall retain a utility easement for the entire length and width of the aforesaid alley and all costs of conveyance shall be borne by the property owners. Section 4. This resolution shall be effective upon the filing of a revised plot plan of the aforesaid alley. ADOPTED: OCTOBER 25, 2010 PUBLIC HEARING - PROPOSED RESOLUTION NO. 2010-14 - APPROVING (PAPER) STREET ABANDONMENT - GIRL SCOUT LANE - TRACI MCDOWELL A public hearing was duly advertised for this time and place to consider abandonment of a portion of an unimproved street running behind property located at 80 and 100 Nixon Lane and in front of 44 Girl Scout Lane comprising 17,943.75 square feet, more or less. Council President Hogan declared the public hearing open. There being no one present wishing to speak, the public hearing was closed. Mr. Bonar moved for approval of the request to abandon a portion of an unimproved street running behind property located at 80 and 100 Nixon Lane and in front of 44 Girl Scout Lane comprising 17,943.75 square feet, more or less. The motion was seconded by Mrs. Russell and by a unanimous roll call vote, Council adopted Resolution No. 2010-14, as follows: A RESOLUTION VACATING AND ABANDONING A CERTAIN STREET SITUATED IN THE CITY OF DOVER.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 4 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 hereby vacates and abandons the following street: 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-05-068.19-0142.00 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. Since no person has been deprived of property by the vacating and abandoning of the aforesaid street, no compensation is awarded. Section 3. The City shall retain a utility easement for the entire length and width of the aforesaid alley and all costs of conveyance shall be borne by the property owners. Section 4. This resolution shall be effective upon the filing of a revised plot plan of the aforesaid street. ADOPTED: OCTOBER 25, 2010 PUBLIC HEARING - VIOLATION OF DANGEROUS BUILDING ORDINANCE - PROPERTY LOCATED AT 749 WEST NORTH STREET, OWNED BY KNOWLES D.O. HARMON, JR., KERWIN S. HARMON, AND LEONA HARMON A public hearing was duly advertised for this time and place, to consider a violation of the Dangerous Building Ordinance at 749 West North Street, owned by Knowles D. O. Harmon, Kerwin S. Harmon, and Carrie Leona Harmon. Mr. Scott Koenig, Public Services Manager/Director of Public Works, stated that the multi-story wood framed dwelling was damaged by fire in November of 2006. There are numerous code violations, such as broken window glass, holes in the walls, holes in the roof, extensive fire damage throughout the structure, and overall deterioration to the dwelling from exposure to weather. The structure is also a fire hazard and a danger to the residents in the surrounding area. Numerous notices were sent to the previous property owners; however, no effort was made to resolve the code violations and bring the property into compliance. Staff has received complaints from citizens regarding the current condition of the property.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 5 Mr. Koenig noted that the property was previously owned by the Estate of Knowles D. Harmon, Sr. During the City Council meeting of May 24, 2010, Council voted unanimously to refer the matter back to staff, as it was revealed that the property was under new ownership. Shortly after this meeting, ownership was transferred to Mr. Knowles D. O. Harmon, Jr., and others; however, no progress has been made regarding the outstanding code violations. Mr. Koenig stated that he spoke with Mr. Harmon on August 8, 2010 regarding the condition of the property and Mr. Harmon indicated that he was discussing the property with an attorney and that a schedule would be provided. On September 14, 2010, staff sent Mr. Harmon a certified letter advising him that the schedule had not been received and that the matter was being scheduled for Council’s consideration. Mr. Koenig showed slides depicting the condition of the structure (Exhibit #1). Staff recommended that City Council take the following action for property located at 749 West North Street: 1) declare this building and all accessory buildings on the property dangerous; 2) order the property repaired or demolished by November 25, 2010 by the owner or equity owner at their own risk; 3) order the Building Inspector to cause the repair or demolition of the structures if not completed by the owner within (10) days of the date set by Council and; 4) order the City Manager with the assistance of the City Solicitor to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner. Mr. Koenig provided a preliminary repair estimate of $30,000 to $35,000. Council President Hogan declared the public hearing open and, with no one present wishing to speak, the public hearing was closed. Mr. Salters moved to: 1) declare the building and all accessory buildings on the property located at 749 West North Street dangerous; 2) order the property repaired or demolished by November 25, 2010 by the owner or equity owner at their own risk; 3) order the Building Inspector to cause the repair or demolition of the structures if not completed by the owner within (10) days of the date set by Council and; 4) order the City Manager with the assistance of the City Solicitor to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote. PUBLIC HEARING - VIOLATION OF DANGEROUS BUILDING ORDINANCE - PROPERTY LOCATED AT 301 SOUTH GOVERNORS AVENUE, OWNED BY 301 GOVERNORS, LLC A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 301 South Governors Avenue, owned by 301 Governors, LLC. Mr. Scott Koenig, Public Services Manager/Director of Public Works, stated that in June 2007, then Deputy Fire Marshal Wayne Hutchison sent notice to the property owner citing exterior violations and requiring that a structural engineering report on the subject structure be performed. Following

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 6 this initial correspondence, the property ownership transferred and the new owner secured the structural engineering report dated October 22, 2007. The structural engineering report, developed by Scott Engineering, identified a number of structural deficiencies and recommended corrections to address these deficiencies. The noted deficiencies include, among other things, the exterior brick walls, the east concrete foundation wall, the beams supporting the first floor joists, and the intermediate brick wall in the crawlspace supporting the floor joists. When the report was obtained, the property owner was given until January 1, 2009 to make the necessary corrections identified in the report. In September 2009, the owner submitted a letter indicating that he intended to get funding through Kent County’s Housing Rehabilitation Loan Program to make repairs to the building. To date, no corrections have been made and no plans have been presented to the City to make these corrections. Mr. Koenig stated that, because this building is located within the Historic District Zone, a review by the Historic District Commission was required to determine if the building was being demolished by neglect. On September 16, 2010, the Historic District Commission determined that the building was being demolished by neglect and instructed the Building Inspector to move forward with proceedings for declaration by City Council as a dangerous building, in accordance with Chapter 22, Article XI. The recommendation by the Historic District Commission specified that the building should be repaired and not demolished. Mr. Koenig explained that the City sent a letter to the property owner and a notice to the tenants on September 22, 2010, informing them that the rental permits for the dwelling units in the building were being suspended and that the tenants had until October 25, 2010 to vacate the premises. Mr. Koenig showed slides depicting the condition of the structure (Exhibit #2). Staff recommended that City Council take the following action for property located at 301 South Governors Avenue: 1) declare this accessory building dangerous; 2) order the property repaired or demolished by November 25, 2010 by the owner or equity owner at their own risk; 3) order the Building Inspector to cause the repair or demolition of the structure if not completed by the owner within (10) days of the date set by Council and; 4) order the City Manager, with the assistance of the City Solicitor, to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner. Council President Hogan declared the public hearing open and, with no one present wishing to speak, the public hearing was closed. Responding to Council President Hogan, Mrs. Ann Marie Townshend, Director of Planning and Community Development, stated that the property was on the delinquent tax list, with a total of $879.09 being due. Mr. Leary moved to: 1) declare the accessory building on the property located at 301 South Governors Avenue dangerous; 2) order the property repaired or demolished by November 25, 2010 by the owner or equity owner at their own risk; 3) order the Building Inspector to cause the repair or demolition of the structures if not completed by the owner

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 7 within (10) days of the date set by Council and; 4) order the City Manager, with the assistance of the City Solicitor, to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner. The motion was seconded by Mr. Bonar and carried by a unanimous roll call vote. STATUS UPDATE - VIOLATIONS OF DANGEROUS BUILDING ORDINANCE Mr. Scott Koenig, Public Services Manager/Director of Public Works, reviewed the Status Update - Violations of Dangerous Building Ordinance, as provided. Responding to Mr. Ruane, Mr. Koenig stated that expenses related to the property located at 123 Blue Beach Drive, to date, are as follows: $1,000 on immobilization; $400 for a pool inspection; staff time in excess of 40 hours; and legal expenses. Responding to Mr. Ruane, City Solicitor Nicholas Rodriguez stated that he was unaware of any past situations where the City recovered the costs incurred in a violation case after the violations had been corrected by the owner. Mr. Ruane stated that this property is in his neighborhood and he has received more complaints about it than any other property in the past 10 years. He suggested that a procedure be put in place to continue monitoring the situation and that every effort be made within legal means to recoup the expenses incurred in this case. (City Clerk’s Office Note: City Solicitor Rodriguez reviewed the Dangerous Building Ordinance (Sec. 22-381, et. seq.) and determined that, in this case, since action under the City’s Dangerous Building Ordinance was stayed by a temporary restraining order in the Court of Chancery and subsequently the owner complied with the ordinance to avoid demolition of the pool, the City’s costs cannot be captured. He stated that the City could recover expenses only if action is actually taken, i.e., in this case, demolition of the pool. Mr. Rodriguez suggested that City Council consider an amendment to the ordinance which would allow the City to recoup its costs after an owner returns to compliance with the ordinance. He stated that another possible approach would be to delay the demolition for a short period of time beyond the date given to the owner, if an owner then responds after the noticed demolition date, demolition could be stayed for a short period of time, conditioned upon the owner paying the City’s costs. Mr. Rodriquez indicated that this approach would not require an ordinance amendment.) Responding to Mr. Salters, Mr. Koenig stated that a demolition lien does not compel the sale of the property; however, the lien remains attached to the property. Mr. Salters moved for acceptance of the report, seconded by Mr. Leary and unanimously carried. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - OCTOBER 11, 2010 The Parks, Recreation, and Community Enhancement Committee met on October 11, 2010 with Chairwoman Russell presiding. Status and Review of Library Project and Financing Plan Mr. Anthony DePrima, City Manager, reviewed a revised Presentation of the Dover Anchor Library: Status Report, which included details of the Library project and financing plan. He explained the way in which the current economy has shaped the project and that plans have been adjusted

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 8 accordingly. He advised members of the financing plan details, project schedule, and operation plan. Mr. DePrima thanked staff members who participated in the preparation of the presentation and the many volunteers who have dedicated their time and money to the Library project. In response to Mr. Ruane’s comment regarding the potential for additional State funding, Mr. DePrima reiterated that State operating aid is based on the Library’s operating budget and that the revenue projections assume no increase in State Library Aid. He noted that staff took a very conservative approach in completing the analysis. Responding to Mr. Lewis, Mr. DePrima stated that if sufficient funding was not received, the areas for the teen loft, large meeting room, and reading garden, as noted in Bid Pack C, would be constructed; however, they would not be “fitted out” and would remain open space areas. At the request of Mrs. Russell, Ms. Marjorie Cyr, Library Director, advised members that security cameras are planned for specific locations throughout the building and that there will be security devices at the door to prevent items from being removed from the building without being properly checked out. She noted that the library will continue to have security guards on duty. Mr. N.C. Vasuki, 235 Carnoustie Road, relayed appreciation for the presentation and his feeling that the Anchor Library is an excellent project for the City of Dover. He reminded members that former Mayor Crawford Carroll stated that “when a City stops growing, it starts dying.” Mr. Vasuki stated that the Anchor Library is important to the growth of the City. He suggested that members compare Dover to neighboring towns and cities that have expanded their libraries and have experienced growth as a result. Mr. Vasuki noted that the State has committed a significant amount of funding for this project. Reminding members of the City’s desire to improve the downtown area, he noted that the Library would prove to be an exceptional resource in this regard. Mr. Vasuki noted that many private donations have been made toward the project and he felt that, if the project is constructed on schedule, additional donations will be received. He urged the City to move forward with the Anchor Library. Ms. Annie Scott, 216 Saxondale Lane, requested clarification on the proposal to hire an additional full-time custodian to begin in Fiscal Year 2013. Responding, Mr. DePrima stated that the Dover Public Library is currently served by one (1) full-time custodian and, since the Anchor Library will be triple the size of the existing library, it is estimated that an additional custodian will be required. Other than the proposed addition of a custodian, a teen librarian, and a part-time library page, it is anticipated that the current staff level will be sufficient to operate the library. Mr. Ruane advised members that, according to a recent Newsweek article, some construction cost estimates are being received at up to 20% less than previous rates due to the current depressed economy. He questioned why staff anticipated only a 1%-5% reduction in cost. Responding, Mr. DePrima stated that he was not aware of the article and that staff took a conservative approach with estimates. He also advised members that the City has hired an experienced construction manager with a good understanding of pricing, and that the manager indicated the probability that the project would come in under the proposed budget. Mr. DePrima reiterated that, should the project be delayed, there is a real possibility that labor and commodity costs would increase. He explained that these costs are currently low due to reduced demand for these services and products.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 9 Mr. DePrima stated that the expenditures to date, in the amount of $1,628,164, have been paid by a combination of revenues, including State Bond Bill funds. He confirmed that the State will match every $1 spent and reimburse the City. Responding to Mrs. Russell regarding the possibility of goals not being met, Mr. DePrima advised members that in 2020, the current U.S. Post Office building will be owned by the City of Dover. He stated that there has been no discussion regarding the possibility of crediting income from the sale of this building toward off-setting expenses for the Library. In addition, he noted the possibility of obtaining additional funds from the sale of other excess property. Mr. DePrima stated that the purpose of the presentation was to provide members information regarding the status of the project and that a public hearing will be held, as well as a possible presentation regarding Bid Pack A, in November. He suggested that the financial plan be brought forward for official action at that time. Mr. Ruane indicated his readiness to submit a recommendation to Council regarding this project. Responding, Mr. DePrima suggested the possibility of the Committee submitting an endorsement. In response to Mrs. Russell, Mrs. Donna Mitchell, Controller/Treasurer, indicated her concurrence with the financing plan as it relates to this project, advising members that she has worked with the City Manager, Director of Parks and Recreation, and Library Director on this presentation. She relayed confidence in the plan as presented and supported the idea that the Committee recommend endorsement of the Library Project and financing plan. The Committee recommended that the City move forward with the schedule and financing plan for the City of Dover Library Project. Mrs. Williams moved that no additional taxes be levied, bonds be issued, or bridge loans be entered into for this project. The motion was seconded by Mr. McGlumphy. Responding to Mr. Ruane, Mr. DePrima stated that the items included in the reports to the Parks, Recreation, and Community Enhancement and Legislative, Finance, and Administration Committees would be brought forward individually at a later date to the Legislative, Finance, and Administration Committee for review and a recommendation to City Council. Mr. Ruane suggested that the motion was premature and noted that Council would have the opportunity to vote for each aspect of the plan at a later time. Concurring, Mr. Leary reminded members that there would be public input regarding the project and the sale of the existing library. Mrs. Williams stated that the library project should be financed with private funding and donations rather than taxpayer funds. On a call for the question, the motion that no additional taxes be levied, bonds be issued, or bridge loans be entered into for the library project failed by a roll call vote of seven (7) no, two (2) yes (Mrs. Williams and Mr. McGlumphy). (As a result of this action, Mrs. Williams withdrew her request to have item #9B removed from the consent agenda.)

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 10 Federal Emergency Management Agency (FEMA) Preferred Risk Policy (PRP) (Related to Homeowners’ Flood Insurance Policy) Members were provided a Fact Sheet and Frequently Asked Questions provided by the Federal Emergency Management Agency (FEMA) regarding Preferred Risk Policy Eligibility Extension. Mr. Scott Koenig, Public Services Manager/Director of Public Works, reminded members that Mr. Ruane had requested this discussion as it relates to homeowners’ flood insurance policies. He stated that Mr. Greg Williams, Department of Natural Resources and Environmental Control (DNREC), had provided this information and that Mr. Williams indicated that, to his knowledge, there are no map revisions in the City that would fall under this program; therefore, no property owners within the City limits should be affected. Mr. Koenig noted that, according to the fact sheet, the Preferred Risk Policy affects Zones A and V and provides very specific categories of properties that this policy affects. Mr. Koenig stated that, according to Mr. Williams, the City’s flood maps do not show any properties within Zones A or V. Mr. Koenig advised members that the purpose of the program is provide a two (2) year financial “buffering period” to assist affected homeowners in specific flood zones with increased insurance premiums. In response to Mr. Lewis, Mr. Koenig stated that a flood plain map revision in the Puncheon Run area will better define the flood plain, and could remove properties from the flood zone; however, other properties could conceivably enter the zone. Mrs. Russell suggested that residents be provided with the ability to determine their status in regard to the 100-year flood plain. Mr. Koenig stated that he would research the possibility of making this information available to the public through the Geographical Information System (GIS). Mr. Ruane suggested that maps delineating the flood plain also be included. UPDATES The following updates were provided to members: Puncheon Run Watershed Action Team Update Mr. Scott Koenig, Public Services Manager/Director of Public Works, advised members that one (1) property owner in the Puncheon Run area has submitted a Letter of Map Revision and that staff is awaiting the results of this request. CDBG Program Mrs. Tracey Harvey, Director of Community Development, reviewed the report of the Status of FY 2009/2010 CDBG Projects which was provided to members. She advised members that the Housing Rehabilitation Program currently has four (4) homes approved for rehabilitation, the pre-bid meeting is scheduled for October 14, 2010, and bids will be opened on October 27, 2010. Mrs. Harvey stated that contracts for the CDBG FY 2010 Projects were signed on September 30, 2010 and the projects have begun. Referring to the Status of the FY 2009/2010 Program Funds Spent Report, she noted that the total grant amount for Connections Community Support should be $12,000, rather than $32,000 as stated in the report, and that a revised Funds Spent Report would be provided to members.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 11 Responding to Mrs. Russell regarding the Streets Project, Mr. Scott Koenig, Public Services Manager/Director of Public Works, stated that work is being completed on Mitscher Road and associated bills should be submitted by the end of October. In response to Mr. Lewis, Mr. Koenig indicated that the sidewalk construction on College Road is listed as Priority #8 on the Prioritization of Transportation Projects being presented to City Council during their meeting scheduled for later in the evening. Housing and Recovery Act of 2008 Funds (Neighborhood Stabilization Fund) Mrs. Tracey Harvey, Director of Community Development, advised members that the City was awarded $1,426,740 for the acquisition and rehabilitation of foreclosed properties to be sold to qualifying families. A total of $1,210,016 has been expended on the acquisition of eight (8) properties and renovations for three (3) properties. She indicated that the remaining balance, in the amount of $216,723, will be utilized for renovations. Two (2) properties have been sold, three (3) are being renovated, two (2) are completed and for sale, and one (1) is a lease purchase. Mrs. Harvey stated that the proceeds from the sale of the two (2) properties will be utilized to purchase another foreclosed property, which is anticipated to occur within the next two (2) weeks. Responding to Mrs. Russell, Mrs. Harvey stated that anyone interested in placing their name on the list for this program should contact the National Council on Agricultural Life and Labor Research Fund, Inc. (NCALL). Youth Advisory Committee Mrs. Russell advised members that applications will be sent to school districts for those students who may be interested in serving on the Youth Advisory Committee. She reminded members that several of the original members have left to attend college. Mr. Bonar moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. Ruane and unanimously carried. UTILITY COMMITTEE REPORT - OCTOBER 11, 2010 The Utility Committee met on October 11, 2010 with Chairman Ruane presiding. Remote Control Monitor Wells Mr. Ronald Lunt, Public Utilities Director, advised members that, during the previous fiscal year, the Department undertook a project that involved upgrading the remote control and monitoring of the wells. He explained that the purpose of the project was to provide System Control and Data Acquisition (SCADA) system monitoring and communication upgrades for the production wells and water treatment plant. He noted that this would allow for the replacement of antiquated and/or obsolete equipment, as well as the ability to improve accuracy, compatibility, and monitoring capability. Mr. Lunt stated, that last year, it was planned to replace components at some of the deep wells, while improvements to the SCADA system at the water treatment plant were planned to start in FY 2015.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 12 Mr. Lunt advised members that the initial plan had to be altered because the Siemens Control System at the Water Plant abruptly crashed and could not be recovered. Functionality was lost in certain components which were planned for replacement in FY 2015. He explained that it was critical that the focus of the current Capital Improvement Plan (CIP) move toward regaining overall control through the SCADA system at the water treatment plant and deferring any remaining improvements to the production wells to the out-year CIP. Mr. Lunt assured members that staff worked diligently and innovatively to regain local control to ensure uninterrupted operations. Staff also began working with the SCADA system vendor to find the most efficient and cost effective way to repair the existing system. Members were provided a WS2000 proposal which would provide the following necessary functions: real time data acquisition, real time alarms, local control, remote control, after hours call out, after hours call in, trending analysis, report generation, 15-minute parameter recording, and SCADA “fail-over” capability. Mr. Lunt advised members that these functions are not only critical for proper production operations, but necessary to ensure compliance with the new Groundwater Rule regulations. He noted that installation and associated work would be performed by staff. Mr. Lunt stated that the items included within the WS2000 proposal are components of the SCADA system, which is a proprietary system; therefore, the new components must be purchased from the Original Equipment Manufacturer (OEM), Siemens Water Technologies Corporation. Members were provided sole vendor information for their review. Staff recommended purchasing the products listed in the WS2000 Proposal from Whel-Tech, dated September 8, 2010, for a total amount of $43,249. The Committee recommended approval of staff’s recommendation to purchase the products listed in the WS2000 Proposal from Whel-Tech, dated September 8, 2010, for a total amount of $43,249. By consent agenda, Mr. Salters moved for approval of the Committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote. PACE Global Presentation of the FY 2010 Power Year Review Mr. Frances Hodsell, PACE Global Energy Services (Energy Manager for the Dover Wholesale Electric Utility), reviewed a presentation of Dover Electric Utility Wholesale Operations FY 2009/2010 Year End Review, which was provided to members. In response to Mr. Bonar with reference to Page 7 of the presentation, Mr. Hodsell stated that a portion of the load is kept for “incremental auctions,” explaining that the vast majority of supply and demand is auctioned in the base residual auction. As supply and demand change, subsequent auctions are held for incremental capacity and incremental demand. Mr. Hodsell noted that a change has been made in the market structure, and it is believed that this will provide more capacity revenue in the future, whereby some of the demand is taken from the base residual auction and put into the subsequent auctions. Mr. Hodsell stated his understanding that previous subsequent auctions did not have enough volume to attract additional bidders. Responding to Mr. Ruane, Mr. Hodsell stated that the Power Plant Fixed Operating Costs do not include capital projects (investments) and reflect only year-to-year operating costs.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 13 In response to Mr. Ruane with regards to Dover’s Energy Management Program, Mr. Hodsell indicated that the City’s Management Committee is comprised of the following members: Mr. Anthony DePrima, City Manager; Mr. Ronald Lunt, Public Utilities Director; Mrs. Donna Mitchell, Controller/Treasurer; Mr. Vince Scire, Manager of the City’s power plants; and PACE Representatives (including himself). He explained that, in addition to meeting monthly, members hold interim conference calls to discuss risk management issues related to changes in market prices. Mr. Ruane suggested that information regarding participants/groups involved in the City’s Energy Program, including the 2030 Committee, be provided in future presentations. Several members relayed their appreciation to City staff, in particular Mr. DePrima and Mr. Lunt, for the initiative taken with regards to the Dover SUN Park project. In response to Mr. Bonar’s inquiry as to whether a larger capacity (600 MW) facility should be considered, Mr. Lunt explained that Macquarie Power is planning construction of a 300 MW natural gas-fired electric generating plant. He advised members that the City is committed to a land lease for the plant and to seriously consider using power generated by the plant. Since the plant is being constructed by Macquarie Power, they are contacting numerous parties to determine their willingness to commit to purchasing power from the plant. Mr. Lunt explained that the identity of the parties has not been discussed with the City due to reasons of confidentiality. He noted that Macquarie Power is very proficient and assumed that they have considered the possibility of increasing the plant capacity to 600 MW. Mr. Bonar felt that the process would be improved if Macquarie Power was informed that the Integrated Resource Planning Process (IRP) is moving forward and that there may be willingness to accept additional generation. Mr. Lunt indicated that he would provide this information to Macquarie Power. In response to Mr. Snaman, Mr. Hodsell indicated that permitting and interconnection arrangements are being made to allow for a 300 MW plant; however, a determination has not been made as to whether the initial plant capacity will be 150 MW or 300 MW. Mr. Bonar questioned how public notification is funded for demand response programs. He inquired if a public awareness program would be established in the City and if additional funding would be required for this purpose. Responding, Mr. DePrima stated that staff is working in cooperation with other municipalities to determine the best method of public notification. Mr. Bonar encouraged staff to determine if there are avenues for obtaining federal funding for public awareness campaigns through the Department of Energy. He noted that the State Public Service Commission received $783,000 to educate the public regarding “smart meters.” In response to Mr. Ruane, Mr. DePrima stated that there has been no further action or consideration taken regarding the possibility of wind generation. He advised members that there was an encouraging presentation provided by PJM regarding all off-shore wind projects being considered along the East Coast, and it was suggested at that time that the proposed project in Delaware would come on line before others; however, there has been no commitment made in this regard. The Committee recommended acceptance of the PACE Global Presentation of the FY 2010 Power Year Review.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 14 By consent agenda, Mr. Salters moved for approval of the Committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote. Ten Year Electric System Improvement Plan Members were provided with the Public Utilities Electric Division 10 Year Plan (2010-2020) which was reviewed by Mr. Ron Lunt, Public Utilities Director. Due to time constraints, Mr. Ruane suggested that staff complete the review, including the Major Accomplishments Over the Past Decade, during the Committee’s next meeting. By consent agenda, Mr. Salters moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and carried by a unanimous roll call vote. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - OCTOBER 11, 2010 The Legislative, Finance, and Administration Committee met on October 11, 2010 with Chairman Leary presiding. Review and Recommendation - Filling of Critical Positions During their meeting of February 23, 2009, members recommended approval of the Hiring Freeze for Fiscal Year 2008-2009, but to allow the hiring of critical positions through the review and approval of the Legislative, Finance, and Administration Committee and City Council. It was suggested that there be a “standing” agenda item to consider the filling of critical positions and, if there are no positions to consider, the item could be removed. Mr. Leary noted that there were no critical positions to be considered; therefore, no further action was required. Status and Review of Library Project and Financing Plan Mr. Anthony DePrima, City Manager, reviewed a revised Presentation of the Dover Anchor Library: Status Report, which included details of the Library project and financing plan. He explained the financing plan details, project schedule, and operation plan. Mr. DePrima thanked the many volunteers who have dedicated their time and money to this project. He introduced Mr. Jay Dougherty, EDiS Construction Manager, and Mr. John Phillos, State Division of Libraries, who were available for questions after the presentation. Responding to Mr. Leary, Mr. DePrima confirmed that there will be a series of action items that will be presented to City Council beginning in November 2010 and that the ultimate action will be for the bid opening and award in January 2011, since that will create a contract. Referring to the State Grant listed under the Funding Plan, Mr. DePrima explained that the difference between the committed and highly probable funds is based on the receipt of bond bill monies during the past four (4) or five (5) years and that the $2.5M will be the next bond bill award. Mr. Phillos explained the funding process, stating that applications are submitted from libraries throughout the State to the Delaware Council on Libraries. These Libraries are provided an opportunity to make a presentation on their request. Once the presentations are completed in

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 15 September, the Council on Libraries forwards their recommendation to the Secretary of State’s Office for inclusion in the Governor’s recommended budget. Mr. Phillos stated that $2.5M was approved by the Council on Libraries in September and has been forwarded to the Secretary of State’s Office and he has been advised that it would be included in the Governor’s recommended budget; however, he reminded members that this is not certain until the bond bill is completed, passed, and signed. He felt confident that the $2.5M would be included in the bond bill. In response to Mr. Ruane, Mrs. Donna Mitchell, Controller/Treasurer, reiterated her confidence that this is a viable project. She noted that the City Manager has provided all risks and potential risks and given the resources committed. Responding to Mrs. Williams’ concerns regarding the possible burden that would be placed on the taxpayers, Mr. DePrima stated that if the City raised no further dollars, there would be a possible 1.7% - 1.8% tax increase for 10 years. Mrs. Mitchell advised members that after the year 2017, the City will have no General Obligation debt. She stated that currently, there is approximately $400,000 per year in annual debt service. The Committee recommended acceptance of the Status and Review of Library Project and Financing Plan Report as presented. Mr. Leary moved for approval of the Committee’s recommendation, seconded by Mr. Bonar and carried with Mrs. Williams voting no. Request to Waive Hiring Policies - City Clerk’s Office Restructuring Mrs. Traci McDowell, City Clerk, advised members that the Assistant City Clerk, due to family responsibilities, requested a voluntary demotion to the Administrative Assistant’s position. She noted that the current Administrative Assistant is willing to assume the Assistant City Clerk’s position. In accordance with Article V - Recruitment and Selection, Section 1 - Recruitment Sources of the Employee Handbook, the City would normally recruit for the position; however, since this is a restructuring and no vacancy will truly exist, staff requested a waiver from City of Dover Recruitment policies to allow the current employees to transfer positions. Responding to Dr. Jones, Mrs. McDowell stated that the current Administrative Assistant, Ms. Devine, was hired in June and became full-time last week. Elaborating, Mrs. Hawkins, Human Resources Director, advised members that Ms. Devine first began employment with the City of Dover in 2001 typing historical minutes. In 2002, she became the Records Management Coordinator and departed in 2004 to seek her bachelor’s and master’s degrees, which were obtained in history. Dr. Jones expressed her concern regarding upward mobility within the organization. Responding, Mrs. McDowell indicated that Ms. Devine was the only in-house candidate who applied for the Administrative Assistant position. Dr. Jones stated her unreadiness since there are people who have worked for the City for several years and questioned where there is a possibility for upward mobility for employees who have not left the City’s employment and returned.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 16 The Committee recommended granting a waiver from the City of Dover Recruitment Policies to allow for the restructuring of the City Clerk’s Office as described. By consent agenda, Mr. Salters moved for approval of the Committee's recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote. Mr. Leary moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Ruane and unanimously carried. MONTHLY CAPITAL INVESTMENT PLAN (CIP) REPORT - JULY 2010 By consent agenda, Mr. Salters moved for acceptance of the monthly CIP Report for July 2010. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote. QUARTERLY REVENUE REPORT Mrs. Donna Mitchell, Controller/Treasurer, reviewed the Revenue Report as of September 30, 2010 noting the following: • Transfer taxes were lowered by $350,000 from $1 million to $650,000. This was due to a decrease in the overall market and lack of commercial real estate sales. The City is approaching an historic low for our transfer taxes. • Permits and licenses were below budget; however, this item will be monitored and changes made in the mid-year review if necessary. • Court of Chancery Fees were under budget, due to pending August and September receipts. • Library revenues, franchise fees, civil traffic penalties, police extra duty fees and recreation revenues were low, primarily due to the timing of receipts and billings. • The adjustment to transfer taxes is being forecasted and the other items will be monitored and brought back during the mid-year review if an adjustment is needed. • The water, wastewater, and electric utility revenues were all tracking above budget due to the summer weather creating higher consumption. Mr. Ruane noted that the Charter requires a balanced budget and the projection indicates a revenue shortfall of $350,000. Responding, Mrs. Mitchell stated that staff typically brings a budget amendment forward which balances the budget. Mr. Ruane moved for acceptance of the Quarterly Revenue Report as of September 30, 2010, with the understanding that staff will provide a budget amendment to account for the reduction of expenditures in the amount of $350,000 related to the diminishing transfer tax estimate. The motion was seconded by Mrs. Williams. Mr. Anthony DePrima, City Manager, stated that the Quarterly Revenue Report, which is used as a forecasting tool, is not normally followed by a budget amendment. He stated that budget amendments are typically done during the mid-year review. Mr. Ruane felt that it would be more

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 17 appropriate to reduce expenditures now, rather than at the mid-year review. Mrs. Mitchell stated that she could bring the budget amendment forward with the Comprehensive Annual Financial Report (CAFR) budget balances, which would occur sooner. On a call for the question, the motion to accept the Quarterly Revenue Report as of September 30, 2010, with the understanding that staff will provide a budget amendment to account for the reduction of expenditures in the amount of $350,000 related to the diminishing transfer tax estimate, was carried by a roll call vote of eight (8) yes, one (1) no (Mr. Hogan). SEMI-ANNUAL INSPECTION BY CITY MANAGER - ROBBINS HOSE COMPANY In accordance with Chapter 46 - Fire Prevention and Protection, Article II - Fire Department, Section 46-43 of the City Code, the City Manager, Mr. Anthony DePrima, met with Fire Chief Christiansen to perform the semi-annual inspection. The following points were noted during the on-site visit: • All vehicles are in service and there are no major equipment problems. The Chief has formed a committee to select a vehicle to replace Ladder # 1. The group traveled to the Peirce Factory for the pre-construction meetings where features of the truck are selected. The vehicle, to be known as Truck #1, will have a 100-foot ladder; but can also serve as an Engine and Rescue vehicle. Truck #1 will be delivered after July 1, 2011. • The Chief filled the "Administrative Assistant to the Chief" position. Mrs. Rebecca Rollison was selected and is performing very well in her new position. She, along with the other dispatchers, became certified dispatchers. Mrs. Rollison is also scheduled for Emergency and Fire Dispatch Quality Assurance training. • All buildings are in good condition. The Central Services Department completed the installation of new electric outlets and lighting fixtures at Station #2. Security cameras are being installed at Station #2 and a generator is being replaced. Although the Department's dispatching computer server is currently down, they are still able to dispatch; however, reports are being completed manually. The server is being evaluated for repair. If replacement is necessary, the cost will be $7,000, which is the City’s responsibility. • The Department is working on specifications for replacement and expansion of the front apron to improve maneuverability and safety. Funding may come from Community Transportation Funds. • October is Fire Prevention Month. The Department gave tours to about 3000 school children. By consent agenda, Mr. Salters moved for acceptance of the Semi-Annual Robbins Hose Company Inspection Report, as submitted by the City Manager, seconded by Mr. Leary and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 18 TENTATIVE LABOR CONTRACT WITH IUE-CWA 88315 Mr. Anthony DePrima, City Manager, advised members that the negotiating team is recommending approval of a two (2) year contract with the IUE-CWA 88315. He noted the following terms of the contract: • Effective August 15, 2010, members would receive a three percent (3%) increase. By delaying the increase from July 1st until August 15th, the increase is equivalent to 2.63%. • In the second year of the contract, wages would increase by two percent (2%) with a guarantee of no furlough during the term of the contract. (This guarantee is contained within the FOP contract as well.) • The shift differential for the 4:00 p.m. to midnight shift would increase from .50 cents per hour to .75 cents per hour. Based upon previous shift differential payments, this change would result in an increase of $1,300 per year. The change also allows for easier processing of the differential as the amounts will be unified across all three (3) bargaining units. • Modifications were made to nineteen (19) articles. Changes included offering bereavement leave to part-time employees (currently there are 10 part-time employees), allow Parking Enforcement Officers to receive an additional $50 for unlimited pairs of safety shoes (two (2) officers are currently employed) and permitting the union membership to submit up to five (5) positions for possible reevaluation during the budget year. Responding to Mr. McGlumphy, Mr. DePrima explained that, currently, the default payment for unused sick and vacation time is a lump sum payment with the option to receive “terminal leave” payments over time. Staff recommends setting the default payment to “terminal leave” with the option to receive a lump sum payment. Mr. McGiffin moved for approval of the Tentative Labor Contract with IUE-CWA 88315, seconded by Mr. Bonar and carried by a roll call vote of six (6) yes, three (3) no (Mr. McGlumphy, Mr. Leary, and Mrs. Williams). EVALUATION OF BIDS - OVERHEAD LINE WORK CONTRACT The Public Utilities Department maintains blanket contracts with potential contractors to ensure that the bidding rules are adhered to for any contractors that might be hired to perform work for the Utility Department. These contracts are priced as “time and material” contract and may exceed $25,000 annually. The proposed bid is for overhead line work which may include, but is not limited to, installing poles, conductors, transformers, equipment, and related equipment. The vast majority of this work will be performed by in-house staff; however, this contractor would be used to supplement City staff when scheduling conflicts or storms dictate the need for additional crews. Staff recommended that contracts be issued to two (2) bidders to ensure there are resources available to respond in the event of major storms. Bids were solicited and advertised according to City Policy by the City’s Contract and Procurement Manager under Bid #11-0018DPU; bids were received from eight (8) construction companies. All bids were complete and the potential venders were deemed to be capable and competent; therefore,

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 19 pricing was the determining factor in awarding the bid. Due to the variety of pricing strategies, staff developed a job scenario for an overhead construction project; this scenario included the major labor and equipment categories supplied by the bidders. Rates from the eight (8) bidders were inserted into the scenarios and it was determined that the bid submittal from Utility Lines Construction Services, Inc. was three percent (3%) lower than the next lowest bidder, which was Rock Creek Line Construction. Both contractors should be able to respond to localized storm-related outages within a reasonable timeframe. Funding will be from the appropriate Operations or Capital budget for which the work is being performed. It is noteworthy that the Utility Lines Construction Services bid submittal includes a fixed price for the first year and CPI adjustments for the rest of the years, Rock Creek Line Construction provided fixed pricing for years one (1) and two (2), a one percent (1%) increase for years three (3) and four (4), and a one percent (1%) increase for year five (5), should the extensions be executed. Responding to Mr. McGlumphy, Mr. Ron Lunt, Public Utilities Director, stated that the City has no prior experience with Rock Creek Line Construction, Inc., and that Utility Lines Construction Services, Inc., had a previous blanket contract for overhead line construction. Staff recommended awarding the blanket Overhead Line Work Contract blanket to two (2) bidders, Utility Lines Construction Services, Inc. as the primary contractor and Rock Creek Line Construction, Inc. as a secondary contractor. Each contractor is to receive a three (3) year contract with a City option to extend it an additional two (2) years (five (5) years total), as per the pricing included in the bid submittal. Mr. Bonar moved for approval of staff’s recommendation, seconded by Mr. McGiffin and carried by a unanimous roll call vote. EVALUATION OF BIDS - LANDSCAPING SERVICES CONTRACT The Public Utilities Department maintains blanket contracts with potential contractors to ensure that the bidding rules are adhered to by any contractors that might be hired to perform work for the Utility Department. These contracts are priced as "time and material" contracts. This bid is for miscellaneous landscape work that includes the repair of rights-of-way and private property disturbed by City activities during maintenance and/or construction. Bids were solicited and advertised according to City Policy by the City's Contract and Procurement Manager under Bid #11-0019DPU. Bids were received from six (6) different companies. All of the bids were complete and the potential venders were deemed to be capable and competent; therefore, pricing was the determining factor in bid award. Staff used the hours, labor, and equipment needed on a previous project for the evaluation criteria and entered each bidder’s proposed rates in this evaluation. Laurel Gardens of Landenburg, Pennsylvania, had apparent lower hourly cost; however, they required an eight (8) hour minimum daily billing for any services rendered, which could have an unforeseeable impact on the total contract cost. Mr. Ruane asked if the bid included the landscaping required upon completion of the installation of underground utilities and if City staff still performed inspection of the work. Responding, Mr. Anthony J. DePrima, City Manager, stated he believed that staff did inspect the work; however,

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 20 due to the long, hot summer, they have had to re-do some of the work. Mr. Ruane requested that the contract language include a clean definition regarding “restoring property to the state it was in prior to the disturbance.” Responding to Mr. McGlumphy, Mr. Ron Lunt, Public Utilities Director, stated that Joseph R. Smith, Inc., had a previous bid for directional boring; however, landscaping will be new for them. Staff recommended that the blanket Landscaping Services Contract be awarded to the lowest bidder with no minimums, as evaluated through the job scenario, Joseph R. Smith Inc. of Denton, Maryland, for three (3) years, with a City option to extend it an additional two (2) years (five (5) years total), as per the pricing included in the bid submittal. Mr. Bonar moved for approval of staff’s recommendation, seconded by Mr. McGiffin and carried by a unanimous roll call vote. EVALUATION OF BIDS - DIRECTIONAL BORING CONTRACT The Public Utilities Department maintains blanket contracts with potential contractors to ensure that the bidding rules are adhered to for contractors that are hired to perform work for the Utility Department. These contracts are priced as "time and material" contracts and may exceed $25,000 annually. This bid is for directional boring, which would include the installation of conduit in established areas to minimize yard/right-of-way restoration and for road crossings. Bids were solicited and advertised according to City Policy by the City's Contract and Procurement Manager under Bid #11-0009DPU and bids were received from eight (8) potential vendors. All of the bids were complete and the potential venders were deemed to be capable and competent; therefore, pricing was the determining factor in the bid award. Due to the variety of pricing strategies quoted by each vendor, staff created a bid analysis by developing an itemized list of most of the major projects that were completed in FY 10. Each bidder's boring, labor, and equipment fees were then inserted into a spreadsheet to determine the lowest bidder. Using this methodology, Joseph R. Smith, Inc., was the low bidder; the next lowest bidder was Utility Lines Construction Services, which was 20% higher. Funding will be from the appropriate Operations or Capital budget for which the work is being performed. Responding to Mr. McGlumphy, Mr. Ron Lunt, Public Utilities Director, stated that Joseph R. Smith, Inc. had a previous bid for directional boring, and Utility Lines Construction Services, Inc. had a previous blanket contract for overhead line construction. Staff recommended awarding the blanket Directional Boring Contract to the low bidder, Joseph R. Smith, Inc. for three (3) years, with a City option to extend it an additional two (2) years (five (5) years total) as per the pricing included in the bid submittal. Mr. Bonar moved for approval of staff’s recommendation, seconded by Mr. McGiffin and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 21 EVALUATION OF BIDS - UNDERGROUND LINE WORK CONTRACT The Public Utilities Department maintains blanket contracts with potential contractors to ensure that the bidding rules are adhered to for any contractors that might be hired to perform work for the Utility Department. These contracts are priced as "time and material" contracts and may exceed $25,000 annually. This bid is for underground line work which would include the installation of conduit, cable, equipment, and related materials. The vast majority of this work is performed by in-house staff; however, this contractor would be used to supplement City staff when scheduling conflicts dictate the need for additional crews. Bids were solicited and advertised according to City Policy by the City's Contract and Procurement Manager under Bid #11-0010DPU; bids were received from seven (7) construction companies. All of the bids were complete and the potential venders were deemed to be capable and competent; therefore, pricing was the determining factor in bid award. Due to the variety of pricing strategies staff developed three job scenarios based on past projects; these scenarios included the major labor and equipment categories supplied by the bidders. Rates from the seven (7) bidders were inserted into the scenarios and it was determined that the bid submittal from Joseph R. Smith, Inc., was the low bidder by three percent (3%). Funding will be from the appropriate Operations or Capital budget for which the work is being performed. Responding to Mr. McGlumphy, Mr. Ron Lunt, Public Utilities Director, stated that Joseph R. Smith, Inc., had a previous bid for directional boring. Staff recommended awarding the blanket Underground Line Work Contract to the low bidder, Joseph R. Smith, Inc., for three (3) years with a City option to extend it an additional two (2) years (five (5) years total), as per the pricing included in the bid submittal. Mr. Bonar moved for approval of staff’s recommendation, seconded by Mr. McGiffin and carried by a unanimous roll call vote. APPOINTMENT OF JUDGES - ROBBINS HOSE COMPANY ELECTION - NOVEMBER 15, 2010 The Robbins Hose Company election is scheduled for November 15, 2010. The following persons have been recommended to serve as judges for the election: 1. John Hurd 2. Jack Mitchell 3. Jim Hurley (alternate) By consent agenda, Mr. Salters moved for approval of the appointment of the judges for the Robbins Hose Company election as recommended, seconded by Mr. Leary and unanimously carried. APPOINTMENT RECOMMENDED BY COUNCIL PRESIDENT HOGAN - DOVER HUMAN RELATIONS COMMISSION - CHARLES MACCALLUM (TO FILL THE UNEXPIRED TERM OF PAUL FLEMING - TERM TO EXPIRE FEBRUARY 2013) Council President Hogan recommended the appointment of Retired Reverend Charles MacCallum to serve on the Dover Human Relations Commission for a three (3) year term (to fill the expired term of Paul Fleming) to expire February 2013.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 22 Mr. Salters moved for approval of the appointment of Retired Reverend Charles MacCallum, as recommended by Council President Hogan. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote. APPOINTMENT OF ASSISTANT CITY CLERK - DENISE DEVINE By consent agenda, Mr. Salters moved for approval of the appointment of Denise Devine as Assistant City Clerk for 2010/2011, seconded by Mr. Leary and carried by a unanimous roll call vote. REZONING REQUEST/FIRST READING OF PROPOSED ORDINANCE #2010-27 - 1016 AND 1022 WEST COLLEGE ROAD, OWNED BY GRACE PRESBYTERIAN CHURCH A request was received to rezone properties located at 1016 and 1022 West College Road, owned by Grace Presbyterian Church. The properties are currently zoned CPO (Commercial/Professional Office) and subject to COZ-1 (Corridor Overlay Zone) and the proposed zoning is IO (Institutional and Office). Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required. By motion of Mr. Williams, seconded by Mr. Bonar, Council unanimously referred the request to the Planning Commission on November 15, 2010 and set a public hearing for December 13, 2010 at 7:30 p.m. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows: ORDINANCE #2010-27 AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1016 AND 1022 COLLEGE ROAD. COUNCIL MEMBERS ANNOUNCEMENTS Mr. McGiffin reminded members of the African American Festival being held on June 25, 2011. Mr. Salters stated that the State employees’ capital campaign was underway and encouraged all State employees to select the Inner City Cultural League #50143 for their donations this year. Mr. Hogan announced that the Delaware Agricultural Museum and the Kiwanis Club would be sponsoring “Gobblins and Goodies” on October 30, 2010 from 5:00-7:00 p.m. There is a $1 fee. Mr. Hogan wished Mayor Carey and Councilman McGlumphy happy birthdays. Mr. Hogan announced that joint meetings of the Legislative, Finance, and Administration (LF&A) and Safety Advisory and Transportation (SA&T) Committees would be held to discuss the Manchester Square safety concerns and gang related activity. Mr. Hogan announced that he would not be running for re-election in April.

CITY COUNCIL MEETING OF OCTOBER 25, 2010 PAGE 23 Mr. Hogan announced that Trick-or-Treat would be observed in the City of Dover on Saturday, October 30th from 6:00-8:00 p.m. Mr. Bonar moved for adjournment, seconded by Mr. McGififn and unanimously carried. Meeting Adjourned at 8:47 P.M. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of October 25, 2010, are hereby approved. CARLETON E. CAREY, SR. MAYOR /TM/js/ac/dd S:\ClerksOffice\Agendas&Minutes\Council-Minutes\2005\08-22-2005 Council.wpd Exhibits Exhibit #1 - Presentation - Violation of Dangerous Building Ordinance - 749 West North Street Exhibit #2 - Presentation - Violation of Dangerous Building Ordinance - 301 South Governors Avenue

EXHIBIT #1 Regular Council Meeting of 10/25/2010 Violation of Dangerous Building Ordinance 749 West North Street Public Services Department Dover, Delaware

749 West North Street Case History  Multi-story, wood framed dwelling damaged by fire in November 2006.  Numerous code violations including: – Broken window glass – Holes in the walls – Holes in the roof – Extensive fire damage throughout the structure – Overall deterioration  Presented to City Council on May 24, 2010 for dangerous building declaration.  New owners identified and staff directed to work with new owners.  No progress has been made by the new owners since May 24th meeting to bring the building into code compliance.

Dangerous Building Code – Chapter 22 Article XI, Sec. 22-381  (2) Damaged walls, etc.  (4) Fire damage, etc.  (5) Unfit for habitation.  (6) Light, air, sanitation.  (9) General welfare.  (10) Code violations.  (12) Unoccupied buildings.

Recommended Council Action  Declare this building and all accessory buildings on the property dangerous.  Order the property repaired or demolished by November 25, 2010.  Order the Building Inspector to cause the repair or demolition of the structure if not completed by the owner within (10) days of the date set by Council. This action is dependent upon the adoption of the FY-2011 Operating Budget for funding.  Order the City Manager with the assistance of the City Solicitor to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner.

EXHIBIT #2 Regular Council Meeting of 10/25/2010 Violation of Dangerous Building Ordinance 301 South Governors Avenue Public Services Department Dover, Delaware

301 South Governors Avenue Case History  Three story, brick building constructed in mid-19th Century.  Located in the Dover Green Historic District listed on the National Register of Historic Places.  Located within the City’s Historic District Zone.  Property has had exterior code violation cases since 2005.  In June 2007, notice sent citing exterior violations and requiring a structural engineering report.  Structural engineering report issued by Scott Engineering on October 22, 2007, identifying recommended corrections.  Owner given until January 1, 2009 to make repairs.  To date, no repairs have been made, and the exterior of the building continues to deteriorate.

301 South Governors Avenue Case History  Presented to Historic District Commission for consideration as “demolition by neglect” on June 10, 2010.  Property owner indicated they were seeking funding through Kent County to make repairs. There was no additional follow- up.  Commission determined property is being demolished by neglect and gave the owner 90 days to make repairs.  On September 16, 2010, seeing no efforts to make necessary repairs the Historic District Commission referred to Building Inspector to proceed under Dangerous Building provisions.  Code violations include: – Rotting wood – Deteriorating brick – Interior structural issues

Dangerous Building Code – Chapter 22 Article XI, Sec. 22-381  (2) Damaged walls, etc.  (5) Unfit for habitation.  (8) Loose parts.  (9) General welfare.  (10) Code violations.

Recommended Council Action  Declare this building and all accessory buildings on the property dangerous.  Order the property repaired or demolished by November 25, 2010.  Order the Building Inspector to cause the repair or demolition of the structure if not completed by the owner within (10) days of the date set by Council. This action is dependent upon the adoption of the FY-2011 Operating Budget for funding.  Order the City Manager with the assistance of the City Solicitor to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner.

PROCLAMATION WHEREAS, technology plays a vital role in the continued growth of the City of Dover and the use, management, and exchange of geographic information technology is necessary for effective decision making by local, state, and federal governmental agencies; and WHEREAS, Geographic Information Systems (GIS) provide data that allows for the identification of patterns and relationships of real-world conditions that ultimately lead to better decisions and improved delivery of services for the citizens of Dover as well as our surrounding communities; and WHEREAS, geographic information has many useful applications and is a valuable resource used in the analysis of infrastructure, emergency services, homeland security, economic development, and long-range planning; and WHEREAS, the City of Dover’s GIS Department has been nationally recognized for their outstanding efforts in the advancement of GIS and the foresight to create programs that can be used to better manage services in the city as well as tracking services for the thousands of people NASCAR races bring to our community. NOW, THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim November 17, 2010 as GIS Day, and November 14 – 20, 2010 as GEOGRAPHY AWARENESS WEEK in the city of Dover, Delaware. We thank you for your outstanding service. Carleton E. Carey, Sr. Mayor

PETITION TO AMEND ZONING ORDINANCE TEXT Public Hearing before the City of Dover Planning Commission November 8, 2010 Proposed Zoning Change: Amendment to Zoning Ordinance, Article 5 – Supplementary Regulations, Section 11 – Environmental Protections; Article 5 – Supplementary Regulations, Section 16 – Tree Planting and Preservation; and Article 12 – Definitions, to update the environmental protections within the Zoning Ordinance. Summary of Amendment: The Implementation Chapter of the 2008 Comprehensive Plan includes a recommendation that the City update the environmental protection provisions within the Zoning Ordinance. In support of this action, the Planning Office assembled a working group to include City staff, DNREC staff, consulting engineers, the Kent Conservation District, the Sierra Club, and the Delaware Home Builders Association. The Kent County Association of Realtors was also invited to participate but did not attend any meetings. The working group met monthly beginning in January 2010 to discuss the updates to the environmental protection section within the Zoning Ordinance. Out of the, the Planning Office drafted revisions to the Zoning Ordinance that were reviewed and discussed by the participants and ultimately finalized in late August. The Silver Lake Commission reviewed a draft of the proposed ordinance in August 2010. The proposed amendments add clarity in areas of the current requirements that are unclear, and include guidance for redevelopment within the 100- year flood plain, options for buffering water bodies, and the ability for the Silver Lake Commission to review applications on Silver Lake prior to review by the Planning Commission. Through the DAC process, a number of minor changes to address internal consistency were identified, and it was determined that one of the intended changes was omitted. To address these issues, Staff has developed a Staff Substitute, which is attached. Planning Commission Recommendation: Following a public hearing before the Planning Commission on October 18, 2010, where no public testimony was presented, the Planning Commission voted unanimously to recommend adoption of Staff Substitute #1 to Ordinance #2010-25

Attachments: Draft Ordinance Staff Substitute #1 to Ordinance #2010-25 Ordinance Number: 2010-25 File Number: MI-10-07

PETITION TO AMEND ZONING ORDINANCE TEXT Public Hearing before the City of Dover Planning Commission October 18, 2010 Proposed Zoning Change: Amendment to Zoning Ordinance, Article 5 – Supplementary Regulations, Section 11 – Environmental Protections; Article 5 – Supplementary Regulations, Section 16 – Tree Planting and Preservation; and Article 12 – Definitions, to update the environmental protections within the Zoning Ordinance. Summary of Amendment: The Implementation Chapter of the 2008 Comprehensive Plan includes a recommendation that the City update the environmental protection provisions within the Zoning Ordinance. In support of this action, the Planning Office assembled a working group to include City staff, DNREC staff, consulting engineers, the Kent Conservation District, the Sierra Club, and the Delaware Home Builders Association. The Kent County Association of Realtors was also invited to participate but did not attend any meetings. The working group met monthly beginning in January 2010 to discuss the updates to the environmental protection section within the Zoning Ordinance. Out of the, the Planning Office drafted revisions to the Zoning Ordinance that were reviewed and discussed by the participants and ultimately finalized in late August. The Silver Lake Commission reviewed a draft of the proposed ordinance in August 2010. The proposed amendments add clarity in areas of the current requirements that are unclear, and include guidance for redevelopment within the 100- year flood plain, options for buffering water bodies, and the ability for the Silver Lake Commission to review applications on Silver Lake prior to review by the Planning Commission. Through the DAC process, a number of minor changes to address internal consistency were identified, and it was determined that one of the intended changes was omitted. To address these issues, Staff has developed a Staff Substitute, which is attached. Attachments: Draft Ordinance Staff Substitute #1 to Ordinance #2010-25 Ordinance Number: 2010-25 File Number: MI-10-07

MEMORANDUM Department of Public Services – Planning Office P.O. Box 475 Dover, Delaware 19903 Phone: 302.736.7196 Fax: 302.736.4217 Date: October 7, 2010 To: Planning Commission From: Ann Marie Townshend, AICP RE: Planning Office Response to State Parks Comments on the Environmental Protections Ordinance We have included comments received from Delaware State Parks regarding the proposed update to the environmental protections within the Zoning Ordinance. While the Department of Natural Resources and Environmental Control participated in development of the proposed ordinance, this specific program was not represented in these discussions. The Planning Staff has reviewed the comments offered by Ms. Butler and would like to share our response with the Commission as you consider this proposed ordinance. Comment: • Regarding Section 11.1 Environmentally sensitive areas and scarce resources - The City should consider including State designated Natural Areas and Key Wildlife Habitat identified in the Delaware Wildlife Action Plan as environmentally sensitive areas. The Office of Nature Preserves and the Delaware Natural Heritage and Endangered Species Program, both within the Department of Natural Resources and Environmental Control would be happy to identify the location of such areas to the Department of Planning. Staff Response: ¾ The proposed Staff Substitute to the ordinance identifies Natural Areas and Nature Preserves as environmentally sensitive areas and scarce resources. Comment: • The City of Dover should be commended for requiring 100 foot buffers to wetlands; however, the suggested setback reductions pose a concern. The proposed 100-foot setback may be reduced to 50 feet provided a riparian buffer is established. I appreciate that native vegetation is required for this buffer, but I did not see any specific requirements associated with the establishment of riparian buffers. For example, how many plantings, and what types of vegetation does a riparian buffer make? One only has Figure 11-1 to refer to, no other information is referenced. Additionally, reducing setbacks to 30 feet reduces water quality benefits and the likelihood of maintaining long-

MEMO 2 term viability of the buffer itself. Therefore, I respectfully request that the City of Dover reconsider reducing the setbacks and maintain, at the very least, the 50 foot buffers. Staff Response: ¾ The discussion and implementation of the buffer as well as the allowances for it were a topic of lengthy discussion during the past 8 months. The working group came to an agreement and City Staff is convinced of the appropriateness of the buffer and its allowances with all due consideration to the urban nature of Dover and its existing development. Comment: • Patios and decks less than 200 sq. ft. in size are exempt from wetland setback restrictions, in addition to paved trails and sidewalks up to 6 ft. in width. Any increase in impervious cover within the buffer will reduce water quality and will negatively impact the functions and values associated with and ecological services provided by wetlands. If the City desires trails, sidewalks, patios and decks to be within 100 feet of wetlands, then pervious pavement or pervious materials should be required. Staff Response: ¾ Most of these provisions existed prior to the proposed changes. Early drafts of the amended ordinance removed these exemptions; however discussion pertaining to existing residential owners and property rights as well as comments from the Parks and Recreation Department led to their re-inclusion. Comment: • The proposed change to Section 11.15 is as follows: The protection and preservation of wildlife habitat shall be considered to be an important factor in the approval or disapproval of proposed developments by the planning commission in development review. I urge the City to maintain the current wording, as the change suggests the preservation of wildlife habitat is no longer an important factor during the site review phase of land development. Staff Response: ¾ This issue speaks to the nature in which site plans are approved in contrast with conditional use approvals. The Planning Commission’s authority for approval or disapproval in regards to site plans is not as broad as this initial language would indicate, and the wording was brought in line with the Commission’s authority. It should be noted that as the wording is now proposed, these factors can weigh in as conditions of approval, but cannot be the sole reason for approval or denial. Comment: • With regard to the definition of Vegetative Ground Cover, the word “native” should be inserted before the word “shrubs” to encourage native vegetative growth and water conservation. Staff Response: ¾ In terms of the buffer requirement, native vegetation is specified as required for the width reduction from 100 feet. To include the word “native” as recommended in the definition would indicate that any material that is not native would not be considered “vegetative ground cover.” The Planning Staff will shortly begin a project to update the tree list, and we will look to incorporate the concern raised in this review.

MEMO 3 Comment: • The definition for wetlands is as follows: Lands that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soils conditions. This is the Corps of Engineers wetlands definition except it’s missing the last sentence which states “Wetlands generally include swamps, marshes, bogs, and similar areas.” By itself the definition is a little vague if a methodology is not referenced (e.g. the ’87 Corps of Engineers Wetlands Delineation Manual, published maps, or other methodology). Without the methodology it would be difficult to enforce any actions dealing with wetlands in the ordinance. Staff Response: ¾ The definition proposed was suggested by a wetland scientist that was part of the working group. The definition underwent significant review and discussion by DNREC, Kent Conservation District, and private consultants, so we would hesitate to change it based on one comment. The Planning Staff will be glad to answer any questions the Commission or the public may have regarding the proposed ordinance during the Planning Commission meeting on October 18, 2010.

FINAL READING CITY OF DOVER STAFF SUBSTITUTE #1 TO ORDINANCE #2010-25 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Appendix B – Zoning, Article 5 – Supplementary Regulations, be amended by adding the 5 text shown in blue bold italics font and deleting the text shown in red bold strikethrough, as 6 follows: 7 8 Section 11. Environmental protection. 9 10 11.1 Purpose. The purpose of this section is to protect public health and safety by 11 ensuring that environmental standards for water, air, and soil in the city of Dover 12 adequately address current practices in the realm of environmental protection. 13 Further, it is the intent of this section to protect environmentally sensitive land as well 14 as the plants and animals that reside on that land. 15 16 11.1 11.2 Environmentally sensitive areas and scarce resources. All land areas which 17 contain one of the following natural features or combination of these features shall be 18 considered to be an environmentally sensitive area or an area of scarce resources subject 19 to specific requirements for environmental protection and conservation: flood hazard 20 areas, steep slopes, water bodies and wetlands, wet soils, woodlands, significant wildlife 21 habitats, prime agricultural soils, and designated scenic areas, and natural areas and 22 nature preserves identified in the comprehensive plan. 23 24 11.11 11.21 Flood hazard areas. All flood hazard areas shall remain as 25 permanent natural open space, except for the construction of roads for which 26 design approval is obtained from the Delaware Department of Natural 27 Resources and Environmental Control and the Delaware Department of 28 Transportation authorized by the city of Dover and/or the Delaware 29 Department of Transportation. 30 31 a) For the purposes of this section, natural open space is defined as an 32 area of land that excludes buildings, structures, and impervious 33 surface from being constructed on or located within the area. For 34 evaluating flood hazard areas, patios, cement slabs, sidewalks, and 35 other similar constructs are considered to be structures and are 36 similarly prohibited. 37 38 11.211 Redevelopment. Existing uses or buildings located within a flood 39 hazard area are considered to be non-conforming structures and are 40 subject to the following requirements if redevelopment occurs on 41 properties within the flood hazard area. 42 43 a) Non-residential uses existing in a flood hazard area seeking to 44 redevelop a property under the requirements of Article 10 are Page 1 of 8

45 required to reduce impervious surfaces for the lot by 15% from 46 the pre-redevelopment conditions. 47 48 b) For non-residential uses where less than 33% of the total lot area 49 is located within a flood hazard area, the planning commission 50 may waive or reduce the amount of required reduction in 51 impervious surfaces. For projects being reviewed under 52 administrative site plan review, the city planner may waive or 53 reduce the amount of required reduction in impervious surface 54 for projects where less than 33% of the total lot area is located 55 within a flood hazard area. 56 57 c) New residential building construction or additions of impervious 58 surface are not permitted in pervious areas of the flood hazard 59 area. 60 61 11.12Slopes. In areas of steep slopes above eight percent, no more than 40 62 percent of the land shall be developed and/or regraded or stripped of 63 vegetation. 64 65 11.13 11.22 Water bodies and wetlands. Lakes, ponds, rivers, and streams 66 Water bodies and wetlands shall be left as permanent open space. No 67 development, filling, piping or diverting shall be permitted, except for required 68 roads, to be approved by the Delaware Department of Transportation United 69 States Army Corps of Engineers and/or the Delaware Department of Natural 70 Resources and Environmental Control. No structures, except stairs and ramps, 71 fences, open decks, patios or docks with a combined area of 200 square feet 72 or less are permitted to be constructed within 75 feet of the shore line of any 73 permanent fresh water lake over one-fourth acre in size or within 100 feet of 74 the mean high tide line for tidal and wetlands. No structures are permitted 75 within 50 feet of the centerline of permanent or intermittent streams or 76 within 25 feet beyond the limits of the floodplain, whichever is greater. 77 Within these same areas, the clearing or removal of natural ground cover or 78 vegetation, including the cultivation of the soil for agricultural purposes, is 79 prohibited. 80 81 11.221 For the purposes of this section, the following, as depicted on the 82 most recent USGS Topographic Maps, shall be defined as water bodies 83 for the purposes of this section: Cahoon Branch, Dover Run, Fork 84 Branch, Little River, Maidstone Branch, McKee Run, Morgan Branch, 85 Muddy Branch, Puncheon Run, Silver Lake, and St. Jones River. 86 87 11.222 Setbacks. All buildings, structures, and impervious surfaces shall 88 be set back at least 100 feet from the top of bank from wetland areas 89 greater than 0.25 acres in size and from all water bodies. Patios, cement 90 slabs, sidewalks, and other similar constructs are considered to be 91 impervious surfaces. Within this 100 foot setback, vegetative ground 92 cover is required. This setback may be reduced under the conditions set 93 forth as follows: Page 2 of 8

94 95 Figure 11-1 96 (US Dept. of the Interior) 97 98 Aquatics Riparian Upland 99 Buffer 100 101 a) The setback may be reduced to 50 feet from the top of 102 bank provided that a riparian buffer is established in the 103 setback, consisting of native vegetation. (See figure 11-1) 104 105 b) The setback may be reduced to 30 feet from the top of 106 bank provided that a riparian buffer is established in the 107 setback, consisting of native vegetation and provided that 108 bank stabilization is implemented through the planting of 109 native species. (See figure 11-1) 110 111 c) Single family residential uses may reduce the setback 112 requirement to 75 feet of the top of bank. 113 114 d) Removal of buffer plantings without approval. The 115 removal of native vegetation or plantings required for the 116 purposes of riparian buffers for any purpose whatsoever, 117 except the establishment of pathways (not greater than 118 eight feet in width), shall be prohibited unless approved 119 by the planning commission through the site plan, 120 conditional use, or subdivision review process. 121 122 e) Plantings in a riparian buffer that are removed without 123 permission must be replaced with similar plantings within 124 30 days of removal. The City Planner may extend this 125 time frame where and if weather conditions necessitate a 126 delay. 127 Page 3 of 8

128 f) Exceptions to the setback requirements. Stairs, ramps, 129 open decks, patios, fences, and docks necessary for access 130 to natural features with a combined total of 200 square 131 feet in size are exempt from the setback restrictions. 132 Paved trails and sidewalks of up to 6 feet in width or less 133 are exempt from the setback restrictions as defined in this 134 section. 135 136 11.14 11.23 Wet soils. No construction shall be permitted where the seasonally 137 high water table is within 2 1/2 feet of the surface unless crawl space, piles or slab 138 on grade with provisions to prevent water seepage will be used to prevent water 139 damage to the building. The proposed construction techniques must be approved 140 by the building inspector in accordance with City of Dover Building Code and 141 must meet or exceed the standards of the Federal Housing Administration. 142 143 No basements or cellars shall be permitted to be constructed at a depth greater 144 than two feet above below the seasonal high water table, unless special measures 145 are taken to prevent water damage to the building. Such measures must be 146 approved by the building inspector in accordance with City of Dover Building 147 Code and must meet or exceed the standards of the Federal Housing 148 Administration. 149 150 11.231 Requirements for development applications. Site development 151 applications appearing before the planning commission must include 152 either a wetland delineation prepared by a licensed/registered soil 153 scientist, wetlands scientist, or professional engineer in accordance with 154 US Army Corps of Engineers standards; or provide a statement from the 155 design professional that no wetlands are present on the site. 156 157 11.232 Requirements for major subdivision applications. Subdivision 158 plans must identify the seasonal high water table on each lot if 159 basements are proposed for those lots. A licensed Class D Soil Scientist 160 is required to determine the seasonal high water table and this 161 information must be displayed on the subdivision plat. This information 162 must also be present in the deed and plot plan for each property. 163 Basements may be prohibited where severe groundwater conditions 164 exist. 165 166 a) A lot specific study may be substituted for the recorded seasonal 167 high water table as per the subdivision plan. 168 169 11.15 11.24 Significant wildlife habitat. Natural features that constitute 170 significant wildlife habitats are considered to be environmentally sensitive 171 features and a scarce resource deserving of protection. The natural features that 172 typically provide significant wildlife habitat include wetlands and marsh areas 173 that provide nesting and breeding grounds for waterfowl and support a wide 174 variety of aquatic life; wooded areas in general, but most especially the edges of 175 the wooded areas adjacent to open fields and along stream corridors; freshwater 176 marsh and wetland areas, old fields and hedgerows; and natural areas of grasses Page 4 of 8

177 and shrubs along the edges of open fields, drainage channels and wetlands. 178 Applications for subdivision plan and site development plan approval shall 179 include the identification of all areas and features which constitute significant 180 wildlife habitat as part of the documentation of existing site conditions. The 181 protection and preservation of wildlife habitat shall be considered to be an 182 important factor in the approval or disapproval of proposed developments by 183 the planning commission in development review. 184 185 11.16 Prime agricultural land. All land areas consisting of class I soils, as 186 defined by the United States Department of Agriculture Natural Resources 187 Conservation Service publication "Soil Survey, Kent County, Delaware," are 188 hereby classified as prime agricultural lands because of their productive 189 capabilities as cropland. Undeveloped prime agricultural land is considered 190 to be a scarce resource locally and nationally and its conversion to urban 191 land use is strongly discouraged. Applications for subdivision plan or site 192 development plan approval shall include the identification of the presence of 193 an extent of prime agricultural land as part of the documentation of [the] 194 existing site condition. The protection and preservation of the prime 195 agricultural lands on the site to the maximum extent possible shall be 196 considered to be an important factor in the approval or disapproval of 197 proposed developments by the planning commission. 198 199 11.17 11.25 Scenic resources. Scenic resources shall consist of the following: 200 mature woodlands and most especially the edges of wooded areas adjacent to 201 open fields, wetlands or urbanized areas; other areas of mature natural vegetation 202 such as marsh grasses; the historic district and areas listed on the National 203 Register of Historic Places the Victorian district; and freestanding historic 204 buildings and sites and other buildings or districts of the city exhibiting particular 205 architectural or visual merit buildings and places of special public or cultural 206 significance, and significant views and view corridors to buildings or places of 207 architectural, visual, public or cultural value and to attractive natural areas. 208 Application for subdivision plan or site development plan approval shall include, 209 as a part of the documentation of existing site conditions, the presence of and 210 location of all scenic resources. The preservation and enhancement of the scenic 211 resources potentially affected by the proposed development shall be considered as 212 an important factor in the approval or disapproval of the proposed 213 development by the planning commission in development review. 214 215 11.251 Silver Lake. All Site Plan, Conditional Use Site Plan, or 216 Subdivision applications for parcels where any boundary of the parcel is 217 abutting Silver Lake is required to go before the Silver Lake 218 Commission prior to appearing before planning commission. The Silver 219 Lake Commission shall provide advisory comments for the planning 220 commission on such applications. 221 222 11.18 11.26 Combinations of environmentally sensitive features and scarce 223 resources. Wherever more than one environmentally sensitive feature or scarce 224 resource is present on a site in combination, special care shall be taken in both the 225 documentation of existing conditions on a site being considered for development Page 5 of 8

226 and in the planning commission's review of a specific subdivision plan or site 227 development plan application. 228 229 In general, the use of available development options such as planned 230 neighborhood design and traditional neighborhood design planned residential 231 developments, cluster developments and rural residential cluster 232 developments is strongly encouraged to take advantage of the design and the 233 planning feasibility in new development projects afforded by these options to 234 preserve and protect environmentally sensitive features and the natural processes 235 associated with these features to the maximum extent possible. 236 237 11.2 11.3 Stormwater management. All developments over one acre in size shall be 238 required to limit the rate of stormwater runoff so that no greater rate of runoff is 239 permitted than that of the site in its predevelopment condition. Where farm field or 240 disturbed earth is the predevelopment condition, meadow shall be used as the 241 starting base for such calculations instead of the actual predevelopment condition. 242 The method for such calculations shall be that contained in the United States 243 Department of Agriculture, Natural Resources Conservation "Engineering Field 244 Manual Notice TR-55," as amended. For all developments over five acres in size, a 245 stormwater management plan prepared by a registered engineer or registered 246 landscape architect shall be required as a part of the site development plan 247 submission to the City of Dover, including calculations for increased runoff and the 248 sizing of all pipes and channels and stormwater retention or detention ponds and 249 other stormwater management structures or facilities. All development must be 250 designed, constructed, and maintained in accordance with State of Delaware Sediment 251 and Stormwater regulations. The planning commission may require stormwater 252 management in excess of the minimum regulations in areas with documented drainage 253 problems upon concurrence with the Kent Conservation District, State of Delaware, or 254 the City Engineer. 255 256 11.3 Soil erosion and sedimentation control. All developments shall protect streams, 257 lakes and ponds, marshes and wetlands from sedimentation damage and shall 258 control erosion in accordance with the Delaware State Soil Erosion and 259 Sedimentation Control Act (7 Del. C. § 4001 et seq.), adopted by and administered 260 by the City of Dover. Erosion control measures such as minimizing the area of 261 exposed soil, mulching, building silt catchment basins, and planting temporary 262 ground cover shall be instituted as necessary. 263 264 For all developments over one acre in size, a soil erosion and sedimentation control 265 plan prepared by a registered engineer or registered landscape architect shall be 266 required as part of the site development plan submission to the City of Dover. 267 268 BE IT FURTHER ORDAINED THAT: Appendix B – Zoning, Article 5 – Supplementary 269 Regulations, Section 16 – Tree Planting and Preservation, be amended by deleting the definition 270 of “Wetlands” under subsection 16.2 Definitions. 271 BE IT FURTHER ORDAINED THAT: Appendix B – Zoning, Article 12 – Definitions, be 272 amended by adding the definitions in blue bold italics font in the proper alphabetical order of this 273 article, as follows: 274 Page 6 of 8

275 Vegetative Ground Cover: Grass and a combination of shrubs and/or trees planted or 276 naturally occurring that occupies a portion of a property for the purpose of maintaining or 277 improving water quality or natural conditions of the land. 278 279 Wetlands: Areas known as "marshes, swamps," or "wetlands," including all areas greater 280 than one-quarter acre, where standing water is retained for a portion of the year and 281 unique vegetation has adapted to the area. 282 283 Wetlands: Lands that are inundated or saturated by surface or ground water at a frequency 284 and duration sufficient to support, and that under normal circumstances do support, a 285 prevalence of vegetation typically adapted for life in saturated soils conditions. 286 287 SYNOPSIS 288 The proposed ordinance updates the provisions of the Zoning Ordinance 289 relating to environmental protections by: 290  Clarifying that paving is prohibited within flood hazard areas (100-year flood 291 plain). 292  Setting forth standards for redevelopment within flood hazard areas. 293  Removing the 25-foot setback requirement from flood hazard areas. 294  Creating a variable buffer requirement from waterways, with variation based 295 on planting and bank stabilization. 296  Identifying exceptions to the buffer requirement, based on amenities that are 297 necessary intrusions (such as decks, patios and docks) for enjoyment of the 298 waterway. 299  Identifying by name the water bodies to which the buffer requirements apply. 300  Requiring that a wetland delineation or “statement of no wetlands” be 301 included in all development applications. 302  Creating a requirement to identify seasonal high water table on lots in 303 residential subdivisions and prohibiting basements below the seasonal high 304 water table. 305  Giving the Silver Lake Commission a role in reviewing and making advisory 306 comments to the Planning Commission on projects abutting Silver Lake. 307  Defining “Vegetative Ground Cover” and “Wetlands.” 308 The Staff Substitute #1 to the proposed ordinance: 309  Corrects numbering errors found. 310  Improves internal consistency in terms of word choice. Page 7 of 8

311  Adds Natural Areas and Nature Preserves identified in the 312 Comprehensive Plan to areas to be considered as environmentally 313 sensitive areas and scarce resources. 314  Removes the wetlands definition from the Tree Planting and Preservation 315 section of the Zoning Ordinance so that there is one wetlands definition to 316 apply to the entire Zoning Ordinance. 317 318 ADOPTED: * 319 320 Actions History: 321 September 13, 2010 – Considered by Parks, Recreation, and Community Enhancement Committee 322 September 27, 2010 – First Reading 323 October 18, 2010 – Introduced at Planning Commission Page 8 of 8

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

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

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

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

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

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

272 Wetlands: Lands that are inundated or saturated by surface or ground water at a frequency 273 and duration sufficient to support, and that under normal circumstances do support, a 274 prevalence of vegetation typically adapted for life in saturated soils conditions. 275 276 SYNOPSIS 277 The proposed ordinance updates the provisions of the Zoning Ordinance 278 relating to environmental protections by: 279  Clarifying that paving is prohibited within flood hazard areas (100-year flood 280 plain). 281  Setting forth standards for redevelopment within flood hazard areas. 282  Removing the 25-foot setback requirement from flood hazard areas. 283  Creating a variable buffer requirement from waterways, with variation based 284 on planting and bank stabilization. 285  Identifying exceptions to the buffer requirement, based on amenities that are 286 necessary intrusions (such as decks, patios and docks) for enjoyment of the 287 waterway. 288  Identifying by name the water bodies to which the buffer requirements apply. 289  Requiring that a wetland delineation or “statement of no wetlands” be 290 included in all development applications. 291  Creating a requirement to identify seasonal high water table on lots in 292 residential subdivisions and prohibiting basements below the season high 293 water table. 294  Giving the Silver Lake Commission a role in reviewing and making advisory 295 comments to the Planning Commission on projects abutting Silver Lake. 296  Defining “Vegetative Ground Cover” and “Wetlands.” 297 298 299 ADOPTED: * 300 301 Actions History: 302 September 13, 2010 – Parks, Recreation and Community Enhancement Committee 303 September 27, 2010 – First Reading – Council 304 305 Page 7 of 7

UTILITY COMMITTEE The Utility Committee Meeting was held on October 25, 2010 at 5:00 p.m. with Chairman Ruane presiding. Members present were Mr. Bonar, Mr. McGiffin, Major Kosior (arrived at 5:02 p.m.) and Mr. Snaman. Members of Council present were Council President Hogan (departed at 5:07 p.m.) and Mr. Leary (departed at 5:09 p.m.). Mayor Carey was also present. AGENDA ADDITIONS/DELETIONS By unanimous consent, the agenda was approved, as presented. Ten Year Electric System Improvement Plan During their meeting of October 11, 2010, members were provided with the Public Utilities Electric Division 10 Year Plan (2010-2020). Due to time constraints, it was suggested that staff complete the review, including the Major Accomplishments Over the Past Decade, during the next meeting. Mr. Ron Lunt, Public Utilities Director, continued with the review of the Plan, beginning with the Major Accomplishments Over the Past Decade. Mr. Ruane commended staff on the improvements that have been made to the City electric system and the excellent service provided to customers. Mr. Snaman noted the major accomplishments that have been realized and suggested that staff consider the possibility of an insert in customer bills to notify the public of the City’s investments and results achieved. Mr. Bonar also suggested including this information on Comcast as a public service announcement. At the request of Mr. Ruane, Mrs. Donna Mitchell, Controller/Treasurer, advised members that the City received notice from Moody’s reaffirming the City’s rating and that Fitch would also reaffirm the City’s rating. She stated that the rating was split, explaining that Fitch’s rating was lower than Moody’s and that staff submitted an appeal to Fitch for an increase; however, the appeal was denied. Mrs. Mitchell stated that further details would be provided to City Council regarding this matter. Mr. Ruane suggested that public notification include information regarding the City’s bond issues and ratings. Amendment to Power Plant and Engineering Capital Investment Plan (CIP) Budget Mr. Ron Lunt, Public Utilities Director, advised members that preparation of the Capital Investment Plan (CIP) budget occurred a year ago and that there have been some changes during this time requiring amendments to the Power Plant and Engineering CIP budget. Mr. Vince Scire, Plant Manager, explained the details regarding the need for the amendments to the Power Plant CIP budget, as follows: Power Plant McKee Run Unit 1 experienced a forced outage in July, 2010. Repairs required to return the unit to service were extensive and unbudgeted. The nature of the failure prompted staff to perform inspections of the sister Unit 2 to determine if it had the same conditions that caused the Unit 1 outage. In addition, a root cause analysis performed on the Unit 1 forced outage identified numerous

UTILITY COMMITTEE MEETING OF OCTOBER 25, 2010 PAGE 2 deficiencies associated with the Unit boiler protection controls which need to be addressed immediately. The repair work to Unit 1, the inspection work on Unit 2, and the boiler protective control system work required on Units 1, 2, and 3 were all unbudgeted for FY 2011. However, this work is considered a higher priority than other planned and approved CIP work projects for FY 2011. Therefore, staff has re-prioritized previously approved Capital projects for FY 2011 and subsequent years to minimize the impact on the FY 2011 Capital Budget. In addition, staff developed four (4) new CIP’s for FY 2011 to address the above mentioned work. It should be noted that in the case of the new Unit 1 Boiler Repairs CIP, EG1108, it is anticipated that, due to the sudden and unexpected nature of the forced outage of Unit 1, insurance coverage is likely and should offset a significant portion of the repair expenses. Mr. Scire also reviewed the financial details of the FY 2011 Power Plant Budget Amendments which were provided to members. In response to Mr. Ruane, Mr. Lunt assured members that funds currently being expended on the plant are financially feasible. He stated that the improvements to Units 1 and 2 are considered “run to failure” type of expenses, noting that the capacity value on the units alone is in excess of several million dollars and that the expenses are easily covered by revenues. Responding to Mr. Snaman, Mr. Lunt also assured members that, by all preliminary indications, insurance monies will be forthcoming. Mr. Lunt explained the details regarding the need for the amendments to the FY 2011 Electric Engineering CIP Budget, as follows: Electric Engineering The Walker Road Overhead Conversion CIP was a project that was to be completed in conjunction with a water main replacement project. Due to funding constraints, the water main project was delayed; therefore, staff determined that the electric project should also be delayed. Over the past two (2) years, three (3) 69 kV switches have failed at the North Street Substation. Although repairs were made to these switches utilizing used parts, these were temporary repairs. It appears that the springs on the contacts are starting to lose their stiffness, which is resulting in contact failure. Staff requested the acceleration of the 69 kV Substation Switch Replacement CIP (originally scheduled to start in FY 2013) to fund the purchase of replacement switches for this substation and for one (1) switch at the McKee Substation. Staff recommended approving the re-scheduling of existing FY 2011 CIP’s and the approval of the revised Power Plant and Electric Engineering CIP’s as described. Responding to Mr. Ruane, Mrs. Donna Mitchell, Controller/Treasurer, stated that any funds not expended from these project would be credited to the budget balance and used to help fund future projects.

UTILITY COMMITTEE MEETING OF OCTOBER 25, 2010 PAGE 3 Mr. McGiffin moved to recommend approval of the re-scheduling of the existing FY 2011 CIP’s and approval of the revised Power Plant and Electric Engineering CIP’s (Attachment #1). The motion was seconded by Mr. Snaman and unanimously carried. Review of Utility Related CIP’s (Electric and Water/Wastewater) Members were provided a Project Tracking Report, as of July 31, 2010, for the Utility (Electric and Water/Wastewater) Related Capital Investment Plan (CIP). Responding to Mr. Ruane, Mr. Anthony DePrima, City Manager, indicated that (with the exception of the Governors Avenue Project) all projects related to water and sewer lines have been completed. Mr. Bonar moved to recommend acceptance of the Utility Related CIP’s Report, seconded by Mr. McGiffin and unanimously carried. PACE/NAES Monthly Report - August 2010 Members were provided the PACE/NAES Monthly Report for August 2010. The report was provided to allow members the opportunity to monitor what is being sold in electric and the revenues received, which will give them a better understanding of any fluctuations and make improvements if deemed necessary. Although it was not staff’s intention to make a presentation of the report, they welcomed any questions. Mr. Anthony DePrima, City Manager, advised members that temperatures were very warm this past summer and the gross production margin of the energy plants (revenues less fuel costs) for August was $482,000 and for July was $1.38M, totaling $1.86M that was not budgeted. Mr. DePrima noted that the emissions market remains low and that there continues to be a state of flux in this regard. Referring to Page 8 with regards to the PJM, Mr. Ruane questioned if there were unexpected charges this year. Responding, Mr. DePrima stated that when there is an open position, the City must purchase power that was not pre-programmed. He noted that buying power was depicted on the PJM invoice. Mr. DePrima explained that due to increased demand in August, the overall price of power was increased, which resulted in the City’s open position. With regards to transmission costs, Mr. Ron Lunt, Public Utilities Director, explained that Delmarva sets the transmission rates, which are released in June. He noted that the City’s develops the budget in March prior to receiving transmission rate information. Mr. Lunt stated that these variances are insignificant when considering the total cost of the power supply budget. Mr. Snaman moved to recommend acceptance of the PACE/NAES Monthly Report for August 2010, seconded by Major Kosior and unanimously carried.

UTILITY COMMITTEE MEETING OF OCTOBER 25, 2010 PAGE 4 By unanimous consent, the meeting adjourned at 5:38 P.M. Respectfully submitted, Eugene B. Ruane Chairman EBR/AC/jg/js/dd/tm S:\AGENDAS & MINUTES\Committee-Minutes\2010\10-25-2010 UTILITY.wpd Attachment Attachment #1 - Revised Power Plant and Electric Engineering CIP’s

ATTACHMENT #1 Utility Committee Meeting of 10/25/2010

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee meeting was held on October 25, 2010 at 6:00 p.m. with Chairman Leary presiding. Members present were Mr. McGiffin, Mr. Salters, Dr. Jones, and Mr. Shevock. Members of Council present were Council President Hogan, Mr. Bonar, Mr. McGlumphy, Mr. Ruane, Mrs. Russell, and Mrs. Williams. Mayor Carey was also present. AGENDA ADDITIONS/DELETIONS Dr. Jones moved for approval of the agenda, seconded by Mr. Shevock and unanimously carried. Review and Recommendation - Filling of Critical Positions During their meeting of February 23, 2009, members recommended approval of the Hiring Freeze for Fiscal Year 2008-2009, but to allow the hiring of critical positions through the review and approval of the Legislative, Finance, and Administration Committee and City Council. It was suggested that there be a “standing” agenda item to consider the filling of critical positions and, if there are no positions to consider, the item could be removed. Request for Extension of Part-time Temporary Inspector II (Code Enforcement) Mrs. Ann Marie Townshend, Director of Planning and Community Development, reviewed a request to extend the part-time temporary Inspector II position in the Code Enforcement Division. She reminded members that one (1) of the inspectors in the Code Enforcement Division retired in January 2010. Due to budget constraints, this position was left open and not budgeted for FY 2010-2011. In addition, Mr. Ron Coburn, one (1) of the Division’s military reservists, was activated from April until early October. In accordance with the recommendation of the Legislative, Finance and Administration Committee, City Council approved the hiring of Mrs. Brenda Bradley as an Inspector II to work 30 hours per week until Mr. Coburn’s return. Mrs. Townshend stated that during 2010, the City has experienced an unprecedented number of residential foreclosures and vacant residential properties. Many of these properties have fallen into disrepair, requiring a great deal of the Code Enforcement Division’s time to address grass violations, track down property owners and managers regarding code violations, and take measures to ensure that the structures are secure. In addition, she noted that several housing developments have gone into foreclosure, which has required the Code Enforcement Division to monitor these areas to ensure that structures are maintained and secure. Much of the workload associated with defunct subdivisions and vacant houses originates from neighbor complaints. Mrs. Townshend advised members that in 2010, the Code Enforcement Division also began assisting with delinquent license follow-up, which is necessary to reach revenue projections and ensure equity in the City’s business licensing and rental permit programs. The increased workload has caused the Division to shift from a strong, proactive code enforcement approach to an increased focus on dealing with complaints. She explained that other priorities that could add to revenues have fallen behind schedule as the Code Enforcement Supervisor has been forced to spend a great deal of time performing code enforcement tasks that would typically be assigned to his staff.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 25, 2010 PAGE 2 In order to keep up with complaints and work on other goals assigned to the Code Enforcement Division, staff requested permission to extend Mrs. Bradley’s temporary, part-time employment (20 hours per week) through the end of the fiscal year. While funds are not currently available in the Division’s budget, Mrs. Townshend assured members that she would work with the City Manager’s Office to address this during the mid-year budget review. In response to Mr. Salters, Mrs. Townshend reminded members that City Council ranked proactive Code Enforcement as a high priority. As a result, staff increased their efforts with regard to performing inspections of rental properties, completing approximately 800-850 inspections per year. When Mr. Randy Speicher retired and his position remained vacant, these inspections decreased to 600. Mrs. Townshend explained that there are a large number of vacant properties which are more time consuming to inspect than occupied properties, as these properties may require grass cutting, contacting banks and/or management companies, etc. Responding to Mrs. Russell, Mr. DePrima explained that the availability of required funding, in the amount of $13,300, would be determined during the mid-year review. If the necessary funds are not acquired, he stated that alternative action would be required, such as not retaining Mrs. Bradley through the end of the fiscal year and terminating her employment in January or February. He noted that if funding is not obtained through budget adjustments, it could be obtained from the ending balance. Mr. McGiffin moved to recommend approval of staff’s recommendation that the part-time temporary Inspector II position in Code Enforcement (currently filled by Mrs. Brenda Bradley) be extended to permit up to 20 hours per week through the end of the current fiscal year, at a cost of $13,300. The motion was seconded by Dr. Jones and unanimously carried. Title Change and Reassignment - Building Maintenance Craftsperson I (Facilities Management) to Storekeeper-Buyer II (Central Services) Mr. Anthony DePrima, City Manager, reminded members that during their meeting of November 9, 2009, members approved the hiring of a Storekeeper/Buyer I position for the Central Services Department. As a result, he stated, the City hired an individual on March 15, 2010; however, due to physical limitations, the individual voluntarily resigned on April 30, 2010. Even though this position was approved by City Council, Mr. DePrima stated that he chose not to fill the position since the City was about to start the budget process. As a result, the Procurement Manager began working in the warehouse to ensure materials were stocked and issued to support the City infrastructure. Non-stock procurement was delayed. In addition, Mr. DePrima advised members that the Building Maintenance Craftsperson I, Mr. Barry Wolfgang, who had been previously trained in warehouse procedures, was transferred to the warehouse to provide assistance. Mr. Wolfgang has since become fully qualified in all aspects of warehousing and buying that are required of a Storekeeper/Buyer II.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 25, 2010 PAGE 3 Mr. DePrima advised members that the Storekeeper/Buyer I position is at pay grade 13, the Craftsperson and the Storekeeper/Buyer II are at pay grade 15, and that Mr. Wolfgang has volunteered to transfer permanently into a Storekeeper/Buyer II position. He indicated that upgrading the current Storekeeper/Buyer I position to a Storekeeper/Buyer II is a win/win situation both financially and operationally, since the employee’s current and proposed positions are at pay grade 15 and no additional money is required. Mr. DePrima indicated that the Craftsperson position would remain open and, as a result, the City would save the salary and benefits of the Storekeeper/Buyer I ($53,901) annually. He noted that the vacant position would result in a savings of $31,952 this year. Transferring a fully trained individual into the position would also allow for continued operational support during both normal and on-call hours. Staff recommended approval of the position upgrade and lateral transfer. At the request of Mr. McGlumphy, Mr. DePrima stated that he would provide members with details regarding the savings that have resulted due to vacant positions. Mr. Salters moved to recommend approval of the request for a position upgrade from Storekeeper/Buyer I to Storekeeper/Buyer II and the lateral transfer of Mr. Barry Wolfgang from Building Maintenance Craftsperson I to Storekeeper/Buyer II, as recommended by staff. The motion was seconded by Mr. Shevock and unanimously carried. Downtown Dover Partnership - Request for Safety and Security Funding Police Chief James Hosfelt advised members that the Dover Police Department entered into an agreement with the Downtown Dover Partnership (DDP) to provide extra police coverage on various nights in the Loockerman Street area. This agreement was entered into on March 4, 2010, and the DDP agreed to fund the coverage at a cost of $26,000. As a result of increased police presence during the initial eight (8) week period, Chief Hosfelt stated that Dover Police Officers made 32 criminal and traffic arrests and issued 24 citations involving patrons leaving establishments on Loockerman Street at closing time. He noted that these enforcement efforts were temporarily halted when local colleges and universities took their summer break. At the current rate, Chief Hosfelt indicated that the funding supplied by the Downtown Dover Partnership will be exhausted by the end of the calendar year. As a result, funding is being sought to continue with these enforcement efforts through the remainder of the fiscal year. He requested that the City consider continuing the funding during the mid-year budget review. Chief Hosfelt stated that the Dover Police Department would be able to continue increased coverage to this area at a cost of $23,000 by employing four (4) officers to work on specific nights each week. He assured members that these officers, assisted by those normally scheduled to work, would take a zero tolerance approach towards any violation of State laws and City ordinances. As a result of strict enforcement, Chief Hosfelt felt that the Dover Police Department would gain the cooperation of bar patrons and eventually create an environment which is safe for all citizens and businesses in the area.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 25, 2010 PAGE 4 Staff recommended support and approval of the Downtown Dover Partnership (DDP) Assistance/Matching Funds Project. Responding to Mr. Salters, Chief Hosfelt stated that, as discussed in a meeting with Council President Hogan and Councilman Leary previously, joint meetings of the Legislative, Finance, and Administration and the Safety Advisory and Transportation Committees will be held to locate problem areas, identify funding sources, determine the number of officers required, explore other programs that might benefit the public, and consider other areas that might be addressed, rather than arbitrarily increasing police manpower. Dr. Jones questioned how DDP operating funds are generated. Responding on behalf of the DDP, Mr. Greg Moore, Becker Morgan Group, stated that the DDP receives revenues from parking facilities, as well as from leased properties. He emphasized that the DDP is not in business for the purpose of leasing properties but rather to revitalize the downtown and make this area a better place for the community. In the long term, the DDP anticipates repositioning the parcels owned and leased into new, vibrant developments and bringing tax revenue to the City. Due to the urgency of the situation in the downtown area, as mentioned by Chief Hosfelt, Mr. Moore stated that the DDP agreed to provide $26,000 to the Police Department; however, he stated that the DDP does not have adequate revenue to continue to finance this effort. Noting that the Police Department has a $12M budget, Mr. Ruane suggested that there may be savings within the department that would cover the requested expense. Responding, Chief Hosfelt indicated that the personnel line items are at budget and that the Department is currently in the process of purchasing vehicles; therefore, he was not aware of any available funds at this time. Mr. McGlumphy suggested that staff review the departmental budgets related to the issue, such as that of the Economic Development Office, Mayor’s Office, City Manager’s Office, etc. It was his opinion that the requested funding should be obtainable from savings within those budgets. Mr. McGiffin moved to recommend approval of staff’s recommendation for support and approval of the Downtown Dover Development (DDP) Assistance/Matching Funds Project, seconded by Mr. Salters and unanimously carried. Proposed Amendment to Employee Handbook - City of Dover Residential Preference in Recruiting Mr. Anthony DePrima, City Manager, reminded members that, several years ago, there were discussions regarding minority recruiting efforts, and since that time there have been discussions related to the City’s effectiveness in this regard. During one (1) of these discussions, he stated that Mr. Salters made a comment that he would like to see the City’s workforce “look like the City;” however, he was unsure how to accomplish this goal. Mr. DePrima explained that it would be difficult for the workforce to reflect the City demographically because the City recruits from both inside and outside of City limits; however, he noted that one (1) approach would be to create a recruiting preference for City of Dover residents. Mr. DePrima reviewed a breakdown of population by race for Dover, Kent County, and Delaware and noted that Kent County would be considered the most common recruiting catchment area for City applicants.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 25, 2010 PAGE 5 Mr. DePrima advised members that the Human Resources staff was requested to investigate the feasibility of creating a preference for City residents when hiring. If it is decided to provide preferential consideration in hiring to City of Dover residents, Article V, Recruitment and Selection, Section 5, Qualification Standards of the City of Dover Personnel Policy, would be updated to include Paragraph D, as follows: “City of Dover residents’ applications will be reviewed prior to candidates living outside of the City of Dover limits. Qualified candidates will be selected for an interview. If there are not enough City qualified applicants to fill the interview pool, then the non-City residents’ applications will be reviewed and qualified candidates will be selected for an interview. After interviews are conducted; shall a City resident and a non-City resident be equally qualified, preference will be given to the City resident.” It was noted that the Dover Police Department has an independent hiring practice that would have to be amended if Council chooses to extend this policy to the Police Department. Mr. DePrima reviewed a list of the pros and cons of hiring employees who reside in the City, which was provided to members. Mr. DePrima advised members that staff researched other municipalities in Delaware and Maryland that are similar to the City of Dover in terms of geography and racial demographics to determine if they granted preferential consideration for residents of their cities. Of the cities that responded, he stated that Kent County; Newark and Wilmington, DE; and Ocean City, MD did not have such a practice; however, Wilmington has a five (5) year residency requirement after employment. Salisbury, MD provides preferential treatment to City residents for summer programs only (most often for positions held by teens and young adults). There were no responses from Easton nor Annapolis. Dr. Jones stated that she believed two (2) issues were being considered: residential preference and minority recruitment. Although she supported the idea of City employees residing within the City limits, she stressed the importance of these two (2) issues being considered separately. Mrs. Russell reminded members of her concerns regarding the City’s current hiring practices and requested a full investigation. Mr. Ruane felt that before a decision could be made to adopt preferential recruitment or hiring, it would be critical to obtain statistics relating to the residency of current employees, by category of employment (e.g., Police Department). After much discussion, Mr. Salters suggested the need for further consideration and additional information before taking action on this matter. Mr. Salters moved to recommend acceptance of the report and that the matter be referred back to staff. The motion failed due to the lack of a second. Mr. DePrima stated that this matter was forwarded for discussion purposes and indicated that he would prefer to eliminate further consideration of this matter.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF OCTOBER 25, 2010 PAGE 6 Mrs. Russell reiterated her desire for a full investigation of the City’s current hiring practices and stated that every citizen in the City should be treated fairly. Dr. Jones moved to recommend that the Human Resources Director and City Manager be directed to revisit the idea of preferential consideration of City of Dover resident applicants, taking into consideration Mr. Ruane’s concerns. The motion was seconded by Mr. Leary and failed by a vote of four (4) no and one (1) yes (Dr. Jones). Referring to the recently established Focus Group for Minority Recruiting, Mr. DePrima reminded members that residential preference was just one (1) strategy and that the whole purpose of the Focus Group was to develop ideas, which will be brought forward. The Committee took no further action regarding this matter. Status of OPEB (Other Post Employment Benefits) and Pension Funds Mrs. Donna Mitchell, Controller/Treasurer, reviewed Other Post Employment Benefits (OPEB) and Police and General Employee Pension actuarial information updated as of June 30, 2010, which was provided to members. In response to Mr. Ruane, Mrs. Mitchell stated that the City assumes a 7½% return on investments. The comments being made across the nation in this regard suggest that, since this return is not being met, the percentages should be re-calibrated; however, if those percentages were decreased, the City’s liability would increase. She noted that over the past few years, the City has realized a loss due to a decline in the market; however, the City received more than 7½% in the years prior to the turmoil in the market. Mr. McGiffin moved to recommend acceptance of the Status of OPEB and Pension Funds, as presented by staff. The motion was seconded by Mr. Salters and unanimously carried. By unanimous consent, the meeting adjourned at 7:04 P.M. Respectfully submitted, Thomas J. Leary Chairman TJL/AC/jg/js/dd/tm S:\AGENDAS & MINUTES\Committee-Minutes\2010\10-25-2010 LF&A.wpd

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE The Safety Advisory and Transportation Committee Meeting was held on October 27, 2010 at 5:09 p.m. with Chairwoman Williams presiding. Members present were Mrs. Russell, Mr. Bonar, and Mr. Davis. Mr. Harmon was absent. Councilman Ruane and Mayor Carey were also present. AGENDA ADDITIONS/DELETIONS Mr. Bonar moved for approval of the agenda, seconded by Mrs. Russell and unanimously carried. Discussion - Alcohol Control Measures Mrs. Ann Marie Townshend, Director of Planning and Community Development, reminded members that during their meeting of April 28, 2010, members were briefed on staff’s efforts to develop provisions within the City Code to address problems that occur with bar crowds. At that time, she stated, comments were made by the owners of the Loockerman Exchange and there was discussion regarding the possibility of adopting ordinances that would mirror some provisions of State regulations for alcohol control. After much discussion, the Committee recommended that staff schedule a public meeting as soon as possible to address this issue with all interested parties to seek resolution. This recommendation was approved by City Council during their Annual Meeting of May 10, 2010. Mrs. Townshend stated that she worked with the Economic Development Office and the Police Department and a meeting was held on September 8, 2010. She advised members that a notice of the meeting was sent to all holders of State liquor licenses relating to restaurants, taprooms, and taverns in the City. She informed members that several of the license holders attended the meeting, which she felt was very productive and resulted in good dialogue and ideas. Mrs. Townshend indicated that, based on this meeting, staff developed an outline of actions that the City could take to address the problems identified with bars. She reviewed the outline of proposed measures which was provided to members for their review and consideration. Mrs. Townshend advised members that the outline was sent to the licensees, with a copy e-mailed to those who attended the initial meeting, and notification of a second meeting that was scheduled for October 19, 2010 was included; however, that meeting was cancelled. The meeting was planned to be rescheduled in early November; however, Mrs. Townshend explained that it was being postponed until late November to allow time for staff to meet with representatives of the Division of Alcohol and Tobacco Enforcement prior to the meeting. Mr. Bonar moved to recommend that staff schedule a public hearing around February 1, 2011 and that the matter be scheduled for consideration by the Safety Advisory and Transportation Committee in March 2011. The motion was seconded by Mrs. Russell and unanimously carried. Responding to Mr. Ruane, Mrs. Townshend stated that, in discussions with the Division of Alcohol and Tobacco Enforcement, it appears that they do not want municipalities to conduct “stings” on bars for serving underage patrons. Chief Hosfelt advised members that all liquor establishments have

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF OCTOBER 27, 2010 PAGE 2 problems with underage patrons at some time. Normally, the liquor establishment handles the situation; however, if a police officer is working in extra duty capacity, the underage subject is taken into custody, issued a criminal summons, and required to go to court at a later time. He stated that the problem occurring in the downtown area, as it relates to underage consumption, is that younger people are loitering in parking lots and other areas, waiting for the crowds to leave the bars to “hang out” with them. Community Leadership Forum - Gang Violence in Dover During their meeting of September 29, 2010, members discussed Manchester Square housing safety concerns and were made aware of gang violence in Dover. Responding to Mr. Bonar and Mrs. Williams, Ms. Ami Sebastian-Hauer, Executive Director of the Dover Housing Authority (DHA), advised members that the DHA has installed additional lighting and has made improvements to the hardware for the camera security system at Manchester Square. She noted that a security camera was being installed at Senate View and that the DHA has begun working more closely with residents. Ms. Sebastian-Hauer indicated that the problems that have been identified are due to the unauthorized visitors and guests of tenants. Ms. Sebastian-Hauer stated that tenants are held accountable for their family members and friends, noting that the DHA has a “one strike and you’re out” policy, which is mandated by the U.S. Department of Housing and Urban Development (HUD). She explained that although this policy is in place, the DHA must also follow the Delaware Landlord-Tenant Code, which states that the DHA must provide due process unless a tenant commits a violent crime. Ms. Sebastian-Hauer noted that violations that are issued require a correction within seven (7) days. She stated that if a serious situation arises, the DHA must give at least 30 days notice for eviction; however, in the most serious cases, the DHA enforces a 24 hour immediate eviction. Ms. Sebastian-Hauer advised members that there are several tenants who are reluctant to provide information due to fear of retaliation. She stated that the DHA continues to receive complaints from tenants who state that the individuals arrested for the shooting that occurred at Manchester Square on August 24, 2010 are visiting Senate View and Capital Green. However, tenants will not make a formal report, and without it no action can be taken. Ms. Sebastian-Hauer noted that the DHA has contacted the Dover Police Department to request additional patrols; however, the DHA cannot afford to continue this service. Although these patrols have been helpful, she explained that trespassers know when and where the police will be and rotate between the communities in accordance with the police presence. Ms. Sebastian-Hauer advised members that violence and illegal drug activities often involve children directly or may be witnessed by them. As a result, the DHA has applied to the Criminal Justice Council for program funding for drug prevention programs.

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF OCTOBER 27, 2010 PAGE 3 In response to Mr. Bonar, Ms. Sebastian-Hauer indicated that, since the application had not yet been reviewed by the Criminal Justice Council, a letter of support from the City would be appreciated and stated that she would provide staff with the necessary details. Responding to Mr. Bonar, Ms. Sebastian-Hauer stated that approximately three (3) months ago, the DHA submitted an application to HUD for emergency safety and security improvements; however, a decision has not been made regarding this application. The DHA has obtained funding from the Capital Fund for some major improvements and additional patrols. Ms. Sebastian-Hauer explained that, as she had mentioned during the previous meeting, positive results were achieved in DHA housing areas when the City provided community policing. She indicated that when residents knew that the police were present and formed relationships with them, the partnership between the Dover Police Department, the DHA, and tenants was strengthened. Responding to Mr. Bonar, Ms. Sebastian-Hauer stated that the DHA has 297 public housing units, 77 low income housing tax credits, and administers Section 8 housing. Although she was unsure of the number of incidents that have occurred in the past year, she stated that there were two (2) shootings in June and that, since August 24th, the DHA has received at least two (2) reports of gun sightings or shootings every week. In response to Mrs. Williams, Ms. Sebastian-Hauer indicated that, in addition to dealing with shootings, the Wilmington Housing Authority must contend with a regulation that allows gun ownership in public housing as a result of a lawsuit. She explained that the DHA has always been proactive and that younger and younger children are participating in criminal activities each year. Mrs. Russell indicated the need for security cameras at Simon Circle and expressed concern regarding the gang activity in that area. Ms. Sebastian-Hauer stated that meetings have been held with Advantech to arrange the installation of a camera security system at all four (4) of the DHA’s family sites: 1) Manchester Square - Manchester Court; 2) Senate View; 3) Simon Circle - Hayes Circle; and 4) Derby Estates. She assured members that the DHA is very aware of the problems at these locations, as well as at Queen Manor and Owens Manor. Mr. Ruane noted that in other cities, some of the youth involved in criminal activities are coming from the correctional system and have assigned parole and/or probation officers. He questioned if there is a relationship between the DHA and these officers. Responding, Mrs. Williams stated that there is a very close relationship between the DHA and parole and probation officers. She advised members that the majority of the individuals involved in the recent criminal activities were first or second time offenders, with the first offense being mild; therefore, they were not on probation or parole. Mr. Ruane referred to a Q&A interview that appeared in the Dover Post with Sgt. Jason Pires (Attachment #1) and requested an opportunity for him to provide the Committee with his experienced opinion, particularly regarding drug-related activity.

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF OCTOBER 27, 2010 PAGE 4 Chief Hosfelt advised members that he will be meeting with Dr. Thomas, Capital School District Superintendent of Schools, and Dr. Tina Huff, Assistant Superintendent for Academic Services, regarding the Gang Resistance Education and Training (GREAT) Program, which provides gang education similar to the Drug Abuse Resistance Education (DARE) Program. Chief Hosfelt introduced Sgt. Pires, a 15-year veteran of the Dover Police Department, currently in charge of the Drugs, Vice, and Organized Gang Unit and Vice-President of the East Coast Gang Investigators Association. Mrs. Williams questioned the progression that occurs when stable neighborhoods become compromised in terms of gang activity. Responding, Sgt. Pires stated that, initially, graffiti is exhibited in such a neighborhood, as this is the manner in which territory is claimed. He noted that graffiti has been seen in various areas of downtown Dover and is prevalent in the areas from Loockerman Street to Mary Street, from Governors Avenue to Kirkwood Street, Capital Green, Liberty Court, Whatcoat Apartments, Manchester Square, Capital Green (including Senate View), and Barrister Place. However, he stated that there is no standard manner in which a gang “takes over” an area. In response to Mr. Bonar, Sgt. Pires indicated that organized gang activity is a significant problem in the City of Dover. During the past three (3) years, he stated that the majority of violent crimes in Dover have been attributed to gang-related activity, with most of the remaining violent incidents linked to domestic issues. He stated that, as indicated in the article, organized gang activity became prevalent in 2002/2003. Sgt. Pires stated that there are approximately 16 different gangs in the area with more than 100 active members ranging from 12 or 13 (middle school) to 20 years old. The biggest gang in the area is the “Bloods” (an East Coast segment which differs from the West Coast Bloods). He indicated that some gangs are local “hybrids,” and others have a strong New York/New Jersey influence. There are some that have a direct connection to New York City, which is where the East Coast Bloods originated. Responding to Mr. Davis regarding the Coalition of Clubs, Sgt. Pires assured members that the Police Department is aware of outlaw motorcycle clubs located in Delaware. He stated that law enforcement has classified those outlaw motorcycle clubs as “one percenters (1%),” explaining that in the early 1950’s, due to problems with motorcycle gangs, the American Motorcycle Association conducted a study which indicated that 99% of motorcycle riders are law abiding citizens. As a result, the motorcycle gangs embraced the 1% who are not law abiding citizens. Sgt. Pires stated that there are only two (2) outlaw gangs in Delaware that law enforcement recognizes as legitimate 1% gangs; these are the Pagans and the Wheels of Soul. Chief Hosfelt stated that an increase in police manpower would assist in addressing concerns about violence in the community. He reminded members that, based on a manpower study of the Dover Police Department, an additional 40 officers are needed, which he understood was fiscally impossible. Chief Hosfelt advised members that the authorized strength for the Dover Police Department is 93; however, the force has been held at 91 in an attempt to help the City with budget

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF OCTOBER 27, 2010 PAGE 5 constraints. He stated that two (2) additional officers would allow for community policing to be reestablished and provide assistance to the DHA and State Housing Authority and noted that the other increase in officers being requested is to bring the manpower/patrol shifts to 12 officers, which would allow City-wide coverage. Chief Hosfelt advised members that currently, the Dover Police Department has had to resort to being reactive rather than proactive as they have been in the past, due to inadequate staffing. In response to Mrs. Russell, Sgt. Pires stated that drug cruising gangs have come to Dover from Wilmington, citing an example when a gang began “setting up” on New Street. As a result of aggressive, proactive policing, this gang left the area within two (2) weeks. He assured members that police presence can have a huge impact in this regard and that additional officers would make this type of proactive approach possible. Mr. Ruane commended the Police Department, noting that even with a limited number, the City’s police officers have been effective. Based on statistical information, he noted that the Dover Police Department has been one of the most effective drug units in the State of Delaware. Responding, Chief Hosfelt stated that this same successful clearance rate has been realized for other crimes such as burglaries, robberies, rapes, etc. Mr. Ruane noted that, although effective policing is an essential ingredient to resolve these problems, prevention and intervention are also vital, explaining the importance of the involvement of school systems, neighborhood associations, and the community. Responding, Chief Hosfelt assured members that there are officers specifically assigned to work with probation and parole as a part of the Operation Safe Streets Program. With regards to the shootings that occurred from a City of Dover park, Mr. DePrima advised members that staff is considering the possibility of moving the gate closer to the entrance to prevent vehicular traffic once the park is closed. In addition, Mr. DePrima reported that the Committee’s recommendation to City Council (considered during the Regular Council Meeting of October 11, 2010) was modified, as follows: “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.” Mr. DePrima stated that the Council President has requested joint meetings of the Safety Advisory and Transportation Committee and the Legislative, Finance, and Administration Committee. Mrs. Williams announced that joint meetings have been scheduled for November 15, 2010 and November 29, 2010.

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF OCTOBER 27, 2010 PAGE 6 Mr. Bonar moved to recommend that a letter of support be written for the Dover Housing Authority Grants and that the City support grants for which the Police Chief may apply. The motion was seconded by Mr. Davis and unanimously carried. Mrs. Williams commended Mayor Carey for the support he has provided in the submission of grant applications and his proactive approach in this regard. Mr. Davis moved for adjournment, seconded by Mrs. Russell and unanimously carried. Meeting Adjourned at 6:22 P.M. Respectfully submitted, Beverly C. Williams Chairwoman BCW/TM/jg/js/ac/dd S:\AGENDAS & MINUTES\Committee-Minutes\2010\10-27-2010 SA&T.wpd Attachment Attachment #1 - “Dover Post” Article of October 26, 2010

ATTACHMENT #1 SA&T Committee Meeting of 10/27/2010 Newsmaker Q&A: Det. Sgt. Jason Pires, Dover Police Department By Doug Denison, Staff Writer Dover Post Posted Oct 26, 2010 @ 03:07 PM Dover, Del. — Several high-profile incidents of gang violence, including a shoot out in the city’s Manchester Square public housing development, have city residents and officials buzzing about what can be done to tackle the problem. Detective Sgt. Jason Pires heads up the Dover Police Department’s gang unit. His squad is charged with keeping a handle on the crime and violence that stem from gang activity. Q: When did the Dover Police Department identify a gang problem? A: I’d say it was about 2002 or 2003 when we started realizing we had some gang problems. A bunch of violence broke out in Dover and we did a good job in terms of investigating the actual crime; we arrested everybody who was supposed to be arrested. The one thing we didn’t look at was the gang aspect, and that’s just because we weren’t educated on it. We knew it was gang related but we didn’t know what it was. Then the administration, much to their credit, they sent us to school to get educated on it; consequently we went back and looked at those old cases, it was blatantly obvious that it was gang related. Q: Where do the various gangs around Dover come from, how do they gain a foothold? A: There’s a variety of different ways they get here. What they’ll do is, they’ll come down here and set up shop, just like anything else as far as a company goes. The majority of the income for these gangs is illegal drugs, so they go to areas where the market is going to be good for them. If they think Dover is a soft market they can take over, they’re going to come here. A lot of times they won’t go to war or battle with our locals, they’ll just try to recruit them into their gang and pull them in. If there’s a drug crew working in a particular neighborhood, it’s smart for them to go in there and try to recruit that drug crew in. The next thing you know the drug crew is in your gang and making money for your gang. Q: Have gang-related crimes and incidents of violence escalated recently? A: I would say over the last five years we’ve seen a big spike in gang activity. The majority of violent crime that we’ve had in the past couple of years is gang related. In the past five years it’s skyrocketed, as far as the violence. The gunplay has increased drastically as well. Q: Is the rise in gang violence connected to a more robust drug trade in the area? A: The drug market around here I would say is growing, definitely. We’ve seen an increase without a doubt as far as drug activity, whether it’s cocaine, marijuana or prescription medications. The gang violence is not always necessarily over money or over territory. Sometimes the violence, like the last couple incidents we’ve had, is just over respect. One gang has disrespected the other gang and

they’re not going to tolerate it. A lot of times that’s what can spark things off, just a respect issue. These gang members understand each other; they can pick out another gang member quicker than you can. They know the certain things to look for; they recognize their rival gangs’ colors and their hand signs and things like that. If someone is representing the wrong gang in the wrong area, they’re going to get challenged immediately over that, and more than likely there’s going to be some kind of violence associated with that. Q: What can the community do to help police combat the spread of gangs in their communities? A: The communication is key. As police officers we’re not out in the community 24-7, the people who live there are. They see a lot more than we can see. The other thing is awareness. Pay attention to your surroundings and what’s going on. If you see heavy traffic coming out of a particular residence, that can be something that can show a lot of illegal activity. If you get groups of people congregating, that’s something you can pay attention to — same clothing, same colors, things like that can be indicative of gang activity. Pay attention to the graffiti that pops up; they consider it the newspaper of the streets. It will tell you what’s going on in that area. Once they get to a community and they want everybody to know they’re there, they’re going to start putting up graffiti. If you see it, contact us; we’ll come out there and photograph it, document it, then we’ll have it immediately removed. If it’s an emergency, something in progress, obviously call 911. If it’s a suspicion or some activity, call one of the detectives here. Q: What does the police department need to take its battle against gang activity to the next level? A: Manpower, 100%. Not just my unit, but the police department as a whole needs an increase in manpower. It needs to be across the board, our patrol division and everything. Those are the guys that are out on the streets every day that see everything that’s going on. The more officers we have out there, the more eyes and ears, the more we can do to combat this through deterrents, by our presence, through prevention, through aggressive operations; that all takes manpower. We do a good job and we have the knowledge of what to look for and the ides of how to combat it, we just don’t have the manpower to do that all the time. Copyright 2010 Dover Post. Some rights reserved

CITY OF DOVER FINANCE DEPARTMENT MONTHLY BUDGET REPORT SEPTEMBER 2010 PREPARED BY: FINANCE DEPARTMENT PLEASE NOTE – THIS REPORT PROVIDES TOP LINE INFORMATION ON THE THREE MAJOR OPERATING FUNDS. IF YOU WOULD LIKE ADDITIONAL INFORMATION, PLEASE FEEL FREE TO CONTACT THE FINANCE DEPARTMENT.

Page 2 of 8 City of Dover Finance Department Monthly Budget Report September 2010 S Strategic Objectives for Fiscal Year 2010 – 2011 1. Develop Days Sales Outstanding (DSO) monthly report to provide timely information on receivable collections. 2. Assist with implementation of inventory system for Electric Plant inventory. 3. Implementation and transition to an external service for time keeping and payroll. 4. Implement and transition to lockbox and remote deposit services for cash receipts. ACTIVITY LEVELS FY10 YTD FY11 YTD BANK TRENDS Number of Deposits Made 315 775 Total Amount of All Deposits $ 41,835,670 $ 46,663,310 PAYROLL Hours % Amount Hours % Amount Gross wages per registers 256,363 100.0% $ 5,513,124 246,419 100.0% $ 5,401,047 Wages and Hours Worked Regular 211,811 82.6% $ 1,323,527 204,817 83.1% $ 1,259,970 All over time 7,974 3.1% $ 98,497 8,282 3.4% $ 122,207 Other Paid or Unpaid Wages and Hours Vacation 16,178 6.3% $ 71,299 18,357 7.4% $ 101,734 Sick 5,524 2.2% $ 36,867 4,608 1.9% $ 35,063 Furlough 4,050 1.6% $ - 1,482 0.6% $ - Terminal Leave - Retiree Vacation/Sick Payout 3,877 1.5% $ 13,738 2,293 0.9% $ 4,438 Comp Time (Police) 1,613 0.6% $ 7,721 1,946 0.8% $ 16,763 Personal 236 0.1% $ 1,033 271 0.1% $ 709 Leave Without Pay 1,897 0.7% $ - 906 0.4% $ - Other (description below) 3,205 1.3% $ 14,248 3,458 1.4% $ 8,698 Other includes: pay adjustments, military differential pay, committee meetings, worker compensation tracking/adjustments, etc. Other Activity Number of Pay Periods 7 7 Number of Payroll Checks Issued 3,107 2,916 Number of Pension Checks Issued 678 716 Total Pension Benefits Paid - Defined Benefit Plan $ 1,063,356 $ 1,142,913 ACCOUNTS PAYABLE Number of Check Vouchers 2,016 1,501 Number of EFT Vouchers 419 494 Vouchers Dollar Amount Disbursed $ 32,973,403 $ 24,089,032

Page 3 of 8 City of Dover Finance Department Monthly Report – September 2010 General Fund Summary 25% of Budget YTD Balance Budget Beginning Balance - Unaudited $ 2,277,575 $ 2,654,528 $ (376,953) 116.6% Revenues Court of Chancery Fees 645,000 53,180 591,820 8.2% Fines & Police Revenues 881,502 124,723 756,779 14.1% Franchise Fees 486,000 - 486,000 0.0% Grants 831,850 18,475 813,375 2.2% Intrafund Services 4,347,834 984,372 3,363,462 22.6% Library & Recreation Revenues 665,689 39,608 626,081 5.9% Licenses & Permits 2,457,675 1,543,673 914,002 62.8% Property Taxes (Includes BID Revenue) (1) 11,035,326 10,593,592 441,734 96.0% Sanitation Revenues 2,387,511 662,829 1,724,682 27.8% Other Miscellaneous Revenues 365,250 39,188 326,062 10.7% Transfers-In from Special Funds & Utilities Civil Traffic Penalties 930,000 215,841 714,159 23.2% Municipal Street Aid Fund 526,843 - 526,843 0.0% Transfer Taxes 1,000,000 100,483 899,517 10.0% Electric Fund 8,856,000 2,214,000 6,642,000 25.0% Total Revenues 35,416,480 16,589,964 18,826,516 46.8% Total Beginning Balance & Revenues $ 37,694,055 $ 19,244,492 $ 18,449,563 51.1% Expenditures City Clerk & Council $ 418,172 $ 85,474 $ 332,698 20.4% Mayor, City Manager & Human Resources 1,008,803 212,753 796,050 21.1% Police & Police Extra Duty 12,907,889 2,763,567 10,144,322 21.4% Public Services 4,574,682 985,252 3,589,430 21.5% Central Services 2,422,663 519,657 1,903,006 21.4% Planning & Inspections 1,943,804 443,469 1,500,335 22.8% Finance, Info Tech & Customer Services 2,444,787 658,125 1,786,662 26.9% Library & Recreation 1,904,696 437,037 1,467,659 22.9% Fire Department 709,862 149,587 560,275 21.1% Assessor 197,249 46,434 150,815 23.5% Insurance 600,000 164,033 435,967 27.3% OPEB Trust Contribution - - - 0.0% OPEB - Retiree’s Health Care Contribution 1,297,509 324,375 973,134 25.0% Police Pension Trust Contribution - State Grant 620,000 - 620,000 0.0% Appropriation to Pension Fund 1,090,000 668,127 421,873 61.3% Street Lights 985,000 229,976 755,024 23.3% Debt Service 331,800 302,450 29,350 91.2% Loss on sale of asset - 486 (486) 0.0% Transfer to CDBG 6,000 - 6,000 0.0% Provision for Uncollectible 10,000 10,000 - 100.0% Transfers Out Capital Projects Fund 1,307,839 - 1,307,839 0.0% Total Expenditures 34,780,755 8,000,802 26,779,953 23.0% Budget Balance - Working Capital 2,913,300 - 2,913,300 0.0% Total Budget Balance & Expenditures $ 37,694,055 $ 8,000,802 $ 29,693,253 21.2% Reserve Balances Contingency $ 417,971 $ 533,418 (1) Property Taxes are the taxes billed and not cash received. The outstanding receivable balance as of 9/30/10 is $1.06 million.

Page 4 of 8 City of Dover Finance Department Monthly Report – September 2010 Water/Wastewater Fund Summary 25% of Budget YTD Balance Budget Beginning Balance - Water - unaudited $ 943,545 $ 1,236,193 $ (292,648) 131.0% Beginning Balance - Wastewater - unaudited $ 585,053 $ 902,719 $ (317,666) 154.3% Beginning Balance - Kent County Treatment - unaudited $ (1,632,876) $ (1,872,081) $ 239,205 114.6% Revenues Water Fees 4,206,700 1,566,787 2,639,913 37.2% Wastewater Fees 3,308,300 1,029,376 2,278,924 31.1% Kent County Treatment Fees 4,275,600 1,194,255 3,081,345 27.9% Water Tank Leases 299,400 23,908 275,492 8.0% Miscellaneous 72,515 17,598 54,917 24.3% Impact Fees - Water 323,000 51,775 271,225 16.0% Impact Fees - Wastewater 357,000 59,150 297,850 16.6% Total Revenues 12,842,515 3,942,849 8,899,666 30.7% Total Beginning Balance & Revenues $ 12,738,237 $ 4,209,680 $ 8,528,557 33.0% Expenses Water/Wastewater Operating Divisions Engineering & Inspection $ 642,878 $ 100,751 $ 542,127 15.7% Water 412,588 93,105 319,483 22.6% Water Treatment Plant 1,499,857 346,614 1,153,243 23.1% Wastewater 969,762 170,717 799,045 17.6% Construction & Inspection 392,561 87,398 305,163 22.3% Kent County Treatment Fees 4,235,403 908,237 3,327,166 21.4% Intrafund Services 1,272,331 262,672 1,009,659 20.6% OPEB - Retiree’s Health Care Contribution 177,427 88,712 88,715 50.0% OPEB Trust Contribution - - - 0.0% Pension Trust Contribution - Unfunded liability 372,000 93,000 279,000 25.0% Debt Service 562,601 130,545 432,056 23.2% Transfers Out Water I & E Fund 500,000 - 500,000 0.0% Wastewater I & E Fund 500,000 500,000 - 100.0% Capital Asset Reserve - Water 100,000 - 100,000 0.0% Capital Asset Reserve - Wastewater 100,000 - 100,000 0.0% Impact Fee Reserve - Water 110,597 - 110,597 0.0% Impact Fee Reserve - Wastewater 6,802 - 6,802 0.0% Total Expenses 11,854,807 2,781,751 9,073,056 23.5% Budget Balances Budget Balance - Working Capital - Water 1,348,501 - 1,348,501 0.0% Budget Balance - Working Capital - Wastewater 1,127,608 - 1,127,608 0.0% Budget Balance-Working Capital - Kent County Treatment (1,592,679) - (1,592,679) 0.0% Total Budget Balances 883,430 - 883,430 0.0% Total Budget Balances & Expenses $ 12,738,237 $ 2,781,751 $ 9,956,486 21.8% Reserve Balances Contingency-Water $ 126,607 $ 122,963 Contingency-Wastewater $ 141,575 $ 137,582 Impact Fee Reserve - Sewer NO BUDGET $ 3,867,507 Impact Fee Reserve - Water NO BUDGET $ 246,737 Bond Coverage Ratio (Covenant 1.20) 4.76 12.80

Page 5 of 8 City of Dover Finance Department Monthly Report – September 2010 Electric Revenue Fund Summary 25% of Budget YTD Balance Budget Beginning Balance - unaudited $ 12,086,275 $ 13,537,864 $ (1,451,589) 112.0% Revenues Sales to Customers 96,595,300 30,333,793 66,261,507 31.4% Purchased Power Adjustment - Credit (2,000,000) (605,809) (1,394,191) 30.3% Utility Tax 1,864,800 571,289 1,293,511 30.6% Weyandt Hall Rents 186,816 58,583 128,233 31.4% Miscellaneous Revenues 1,085,500 290,279 795,221 26.7% Intrafund Service Receipts Water/Wastewater 299,442 37,687 261,755 12.6% Total Revenues 98,031,858 30,685,822 67,346,036 31.3% Total Beginning Balance & Revenues $ 110,118,133 $ 44,223,686 $ 65,894,447 40.2% Expenses Power Supply & Generation Power Supply $ 48,059,699 $ 14,149,319 $ 33,910,380 29.4% Power Supply Management/Incentive 2,280,000 619,551 1,660,449 27.2% Capacity Charges 11,618,223 2,954,684 8,663,539 25.4% PJM Charges - Load 11,850,876 4,602,387 7,248,489 38.8% Total Power Supply 73,808,798 22,325,941 51,482,857 30.2% Plant Operations 5,694,315 1,629,844 4,064,471 28.6% Generation Fuels 297,820 3,219,633 (2,921,813) 1081.1% Capacity Credits (11,488,785) (2,748,866) (8,739,919) 23.9% PJM Credits (720,797) (5,096,397) 4,375,600 707.1% Total Generation (6,217,447) (2,995,786) (3,221,661) 48.2% Total Power Supply & Plant 67,591,351 19,330,155 48,261,196 28.6% Electric Operating Divisions: Transmission/Distribution 3,206,515 699,109 2,507,406 21.8% Electrical Engineering 1,842,903 261,832 1,581,071 14.2% Administration 609,169 134,561 474,608 22.1% Meter Reading 222,908 50,129 172,779 22.5% Systems Operations 518,053 105,656 412,397 20.4% Intrafund Services 3,374,945 759,387 2,615,558 22.5% Utility Tax 1,864,800 571,289 1,293,511 30.6% Interest on Deposits 54,500 7,204 47,296 13.2% OPEB - Retirees Health Care Contribution 639,110 319,557 319,553 50.0% OPEB Trust Contribution 1,200,000 1,200,000 - 100.0% Pension Trust Contribution - Unfunded liability 833,000 208,250 624,750 25.0% Green Energy Payment to DEMEC 128,600 42,478 86,122 33.0% Accounts Receivable Write-Offs 135,000 135,000 - 100.0% Inventory Write-Offs 175,000 175,000 - 100.0% Debt Service 4,058,700 1,015,676 3,043,024 25.0% Transfers Out: General Fund 8,856,000 2,214,000 6,642,000 25.0% Electric Improvement & Extension Fund 3,500,000 875,000 2,625,000 25.0% Depreciation Reserve 1,250,000 - 1,250,000 0.0% Rate Stabilization Reserve 1,300,000 - 1,300,000 0.0% Total Expenses 101,360,554 28,104,283 73,256,271 27.7% Budget Balance - Working Capital 8,757,579 - 8,757,579 0.0% Total Budget Balance & Expenses $ 110,118,133 $ 28,104,283 $ 82,013,850 25.5% Reserve Balances Contingency Reserve $ 1,071,054 $ 1,045,196 Insurance Reserve $ 408,503 $ 398,793 Rate Stabilization Reserve $ 6,171,027 $ 4,802,842 Bond Coverage Ratio (Covenant 1.25) 1.51 4.55 Megawatt Hours Sold & Purchased Sales to Customers MWh (excluding Street Light MWh) 707,536 225,592 Sales per MWh $ 136.524 $ 134.463 Purchased/Generated MWh 738,215 228,700 All In MWh Supply & Generation $ 91.561 $ 84.522

Page 6 of 8 City of Dover Finance Department Monthly Report – September 2010 General Capital Project Fund Summary 25% of Budget YTD Balance Budget Beginning Balance - Projects - Unaudited $ 65,479 $ 227,592 $ (162,113) 347.6% Beginning Balance - Library - Unaudited $ - $ 34,583 $ (34,583) 0.0% Revenues Transfer from General Fund for Projects 1,307,839 - 1,307,839 0.0% State Grant - Library 3,343,520 9,723 3,333,797 0.3% Police Grant 18,000 - 18,000 0.0% Library Bond Issue/Contributions 1,000,000 30,000 970,000 3.0% Transfer from Library Reserve 2,343,519 - 2,343,519 0.0% Transfer from Capital Asset Reserve 140,000 - 140,000 0.0% Interest Earnings 10,900 1,880 9,020 17.2% Income from Sale of Assets - 1,856 (1,856) 0.0% Total Revenues 8,163,778 43,459 8,120,319 0.5% Total Beginning Balance & Revenue $ 8,229,257 $ 305,634 $ 7,923,623 3.7% Expenditures Fire $ 288,210 $ 96,163 $ 192,047 33.4% Grounds Maintenance 63,675 9,347 54,328 14.7% Library 6,687,039 175,470 6,511,569 2.6% Recreation 45,000 13,791 31,209 30.6% Police 282,380 - 282,380 0.0% Streets 481,055 23,477 457,578 4.9% Sanitation 246,075 - 246,075 0.0% Information Technology 12,000 - 12,000 0.0% Mayor 31,500 - 31,500 0.0% Total Expenditures 8,136,934 318,248 7,818,686 Budget Balance - Projects 92,323 - 92,323 0.0% Total Budget Balance & Expenditures $ 8,229,257 $ 318,248 $ 7,911,009 3.9% Reserve Balances Capital Asset Replacement Reserve $ 116,465 $ 250,566 Library Reserve $ 1,243,686 $ 3,221,662

Page 7 of 8 City of Dover Finance Department Monthly Report – September 2010 Water/Wastewater Improvement & Extension Fund Summary 25% of Budget YTD Balance Budget Beginning Balance - Water - unaudited $ 743,431 $ 1,590,874 $ (847,443) 214.0% Beginning Balance - Wastewater - unaudited $ 257,168 $ (45,665) $ 302,833 -17.8% Beginning Balance - Bond Proceeds - Wastewater $ 286,500 $ - $ 286,500 0.0% Revenues Bond Issue Proceeds Series 2010 3,016,200 - 3,016,200 0.0% Income from Sale of Assets - 17 (17) 0.0% Interest Earned - 9,258 (9,258) 0.0% State Loan-Wastewater - 1,234,921 (1,234,921) 0.0% Transfer from Water Operating Fund for Water 500,000 500,000 - 100.0% Transfer from Wastewater Operating Fund for Wastewater 500,000 - 500,000 0.0% Transfer from Impact Fee Reserve - Wastewater 242,040 - 242,040 0.0% Total Revenues 4,258,240 1,744,196 2,514,044 41.0% Total Beginning Balance & Revenues $ 5,545,339 $ 3,289,405 $ 2,255,934 59.3% Expenses Water $ 620,000 $ 93,577 $ 526,423 15.1% Wastewater 1,560,700 1,001,436 559,264 64.2% Total Expenses 2,180,700 1,095,013 1,085,687 50.2% Budget Bal-Working Capital - Wastewater Bond Proceeds 2,153,140 - 2,153,140 0.0% Budget Balance - Working Capital - Water 623,431 - 623,431 0.0% Budget Balance - Working Capital - Wastewater 588,068 - 588,068 0.0% Total Budget Balances 3,364,639 - 3,364,639 0.0% Total Budget Balances & Expenses $ 5,545,339 $ 1,095,013 $ 4,450,326 19.7% Reserve Balances Capital Asset Replacement - Water $ 319,003 $ 212,920

Page 8 of 8 City of Dover Finance Department Monthly Report – September 2010 Electric Improvement & Extension Fund Summary 25% of Budget YTD Balance Budget Beginning Balance - unaudited $ 1,688,861 $ 3,429,624 $ (1,740,763) 203.1% Beginning Balance Bond - unaudited $ - $ 415,585 $ (415,585) 0.0% Revenues Interest Earnings 40,700 7,846 32,854 19.3% Transfer from Electric Revenue Fund 3,500,000 875,000 2,625,000 25.0% Department of Energy Grant - 58,559 (58,559) 0.0% Income from Sale of Assets - 2,280 (2,280) 0.0% Total Revenues 3,540,700 943,685 2,597,015 26.7% Total Beginning Balance & Revenues $ 5,229,561 $ 4,788,894 $ 440,667 91.6% Expenses Power Plant $ 1,480,068 $ 775,517 $ 704,551 52.4% Transmission/Distribution 739,000 129,520 609,480 17.5% Electrical Engineering 1,390,429 339,215 1,051,214 24.4% Total Expenses 3,609,497 1,244,252 2,365,245 34.5% Budget Balance - Working Capital 1,620,064 - 1,620,064 0.0% Total Budget Balance & Expenses $ 5,229,561 $ 1,244,252 $ 3,985,309 23.8% Reserve Balances Depreciation Reserve $ 9,572,390 $ 8,066,910 Future Capacity Reserve $ 9,294,563 $ 9,075,403

Dover Police Department Monthly Report To Mayor & City Council “To Protect and Serve” September 2010

October 12, 2010 Honorable Carleton E. Carey, Sr., Mayor Members of Dover City Council City Hall Dover, DE 19901 Mayor Carey and Council Members: The following is the report on Police Department activities for the month of September 2010: COMPLAINTS Total complaints received through September 30th 30,000 numbered 25,155. This is an increase of 3,947* 23,320 22,584 22,557 21,208 25,155 complaints over the same time period for last year. 24,000 18,000 *Such a large increase is due in part to all calls for service are now included in total. 12,000 6,000 0 2006 2007 2008 2009 2010 CRIMINAL INVESTIGATIONS 18 14 Cases Reported in 12 September 8 Cases Cleared in 5 5 September 6 Cases Cleared from 2 1 1 1 Previous Months 0 0 Burglary Robbery Rape

Report to Mayor and Council September 2010 Page 2 QUALITY OF LIFE TASK SECTION ENFORCEMENT ACTION ARRESTS ABANDONED VEHICLES 1 ALCOHOL VIOLATIONS/DUI’S 7 ASSIST OTHER 1 WARRANTS ON FILE 0 BIKE ON SIDEWALK 1 CITY PARK VIOLATIONS 0 CRIMINAL ARRESTS 106 DRUG RELATED ARRESTS 34 LOUD MUSIC 10 MISCELLANEOUS VIOLATIONS 12 PARKING VIOLATIONS 11 PEDDLER 0 MEETINGS 18 PROSTITUTION 0 COLLECTION OF DELINQUENT DCO’S 0 WANTED CHECKS/CPC’S 27 TRAFFIC ARRESTS 94 WARNINGS 49 FUGITIVE 13 TOTAL ARRESTS 384 TRAFFIC ARRESTS 18,000 15,056 15,781 14,161 14,271 14,121 The department issued 15,781 traffic citations through this reporting period. This is an increase of 725 citations over the 12,000 number issued during the same period last year. 6,000 0 2006 2007 2008 2009 2010 TRAFFIC CRASHES Through September 30th, Dover Police investigated 1,372 traffic crashes. This is a decrease of 12 accidents investigated during the same period last year. 1,800 1,598 1,526 1,446 1,384 1,372 1,200 600 0 2006 2007 2008 2009 2010

Report to Mayor and Council September 2010 Page 3 911 CENTER 10% During the month of September, our 911 Center handled a total of 10,186 calls averaging 340 calls 911 Landline per day. Dispatchers handled 2,232 calls on the 911 22% 911 Wireless wireless lines, an average of 75 calls per day and 1,005 calls on the 911 landlines, an average of 34 Administrative calls per day. 68% CITY ORDINANCE SUMMONS 12,000 7,650 7,333 Through September 30th, we issued 6,377 city ordinance summons, an increase of 286 summons over September of 8,000 6,835 6,091 6,377 5,349 last year. *Note: of those summonses issued in 5,073 4,793 4,153 4,209 September, 23 were issued for handicapped parking violations, 4 for fire lane parking violations, 68 for false 4,000 alarms (44 for 3-5 alarms, 15 for 6-9 alarms, 5 for 10-15 alarms, and 4 for 16 or more alarms) and 30 for noise 0 violations (26 for vehicle violations and 4 for residence 2006 2007 2008 2009 2010 violations). ISSUED PAID Listed below are the major crimes and activities that occurred during the month of September: • On Friday September 3, 2010, three males approached the victim while he was sitting on a bench in the playground area of Dover East Mobile Home Park. One of the suspects attempted to grab the victim’s laptop computer from him. A struggle ensued and the two other suspects’ began punching the victim. During the assault one of the suspects grabbed the victim’s cell phone from him and the three suspects ran towards Barrister Place. This also resulted in the victim’s laptop being damaged. Dover Officers were called and checked the area for the suspects with negative results. The victim did not require any medical treatment. • On Saturday September 04, 2010, Dover Officers and the Dover Fire Department responded to a residence on Starboard Court for a fire call. Dover Officers arrived and found flames coming from the townhome. The residents of the home had evacuated, but one resident was transported to Kent General Hospital for smoke inhalation, which she received after she attempted to extinguish the fire with negative results. The officers began notifying neighbors and had to force entry into a residence to remove the resident, who was uninjured. The Dover Fire Department, with the assistance of Little Creek and Cheswold Fire Departments extinguished the fire, the residence sustained heavy damage and the adjoining home sustained water and smoke damage. The fire was apparently caused by a halogen lamp catching a curtain on fire, which quickly spread inside the home. No other injuries. • Sometime between August 29, 2010 and September 10, 2010, an unknown suspect broke the rear window to a residence on Governor’s Avenue to gain entry. Once inside the suspect removed miscellaneous televisions and other electronic equipment. • On September 10, 2010, Dover Officers responded to reports of shots fired inside the common area of a building at Whatcoat Apartments. One victim was shot but was transported to Kent General Hospital by a friend prior to police arriving. Investigation revealed that 4 to 5 unknown black male suspects fled the building after the shooting. The victim, who was shot in the chest and right knee, underwent surgery at Kent General Hospital. He is in stable condition. The investigation into the shooting continues.

Report to Mayor and Council September 2010 Page 4 Major crimes and activities that occurred during the month of September continued: • On September 11, 2010, two victims received lacerations after an altercation with a suspect over a bicycle. Both victims were treated at Kent General Hospital. One victim was admitted in stable condition after receiving a laceration to the abdomen. The other victim who had lacerations to the back was released after treatment. Warrants will be obtained pending positive identification of the suspect. • On September 15, 2010, a subject used landscaping rocks to break out the front door glass of business located in the strip mall beside Kohl’s. Once inside the subject removed several pairs of clippers and then fled in an unknown direction. Thru investigation a suspect was identified and arrested a few days later. • On Wednesday September 15, 2010, the Dover High School Resource Officer arrested a 15 year old female student who brought a 3 1/2 inch locking blade knife to school and concealed it in her backpack. A teacher overheard a conversation and asked to student to turn it over which she did without incident. The student was turned over to a parent. • On September 21, 2010, Dover Officers arrested a mother and father for numerous charges relating the improper discipline of their children. The investigation began when one of the victims disclosed that the father choked them unconscious approximately 2 years ago. The children underwent forensic interviews where they all disclosed that the mother used a wooden bat to strike them in the buttocks, legs, and thighs, as a means of discipline. Both Defendants were arrested without incident. The children have been placed in the custody of the Division of Family Services. • On Friday, September 24, 2010, the Dover Police Department hosted the Graduation Exercises of the Delaware State Police Training Academy’s 72nd Municipal Police Class. Among the graduates was Anthony Griffin of the Dover Police Department. Mayor Carey swore in Patrolman Griffin on Monday, September 27, 2010. • On September 24, 2010, a subject entered a victim’s camper in the campground parking lot of Dover Downs and once inside removed various NASCAR paraphernalia. The subject was confronted by the victim and the victim's friend. Both subdued the subject until officers arrived and took him into custody. All property was recovered. • During the Dover NASCAR race in September, DuPont and NASCAR driver Jeff Gordon hosted MCpl. David Spicer and Officer Kyle Russell of the Alexandria City, Virginia Police Department. Both officers were wearing DuPont’s Kevlar Vests when they were shot in the line of duty, which ultimately saved their lives. This event was an opportunity for the officers and DuPont to share their stories with the NASCAR fans and to promote the use of body armor for law enforcement officers. • On September 28, 2010, an unknown suspect forced entry into victim’s ground floor apartment on West Division Street. Once inside removed the subject removed a Wii game console and approximately 20 Wii video games. Suspect then fled out the rear door of the apartment in an unknown direction. • On September 28, 2010, a suspect rode up on a bicycle in the 400 block of East Water Street and fired multiple shots into a vehicle occupied by three subjects. The vehicle sustained damage but no one in was injured in the vehicle. The suspect was identified by the occupants of the vehicle and warrants have been obtained for his arrest. He is wanted for Reckless Endangering 1st (3 counts), Possession of a Firearm by a Person Prohibited, Possession of a Firearm During Commission of a Felony, Disorderly Conduct, and Criminal Mischief. Respectfully Submitted, James E. Hosfelt, Jr. Chief of Police

Monthly Report September 2010 Office of City Assessor

Assessor’s Report Major Updates July‐10 Aug‐10 Sept‐10 Assessment Change ‐$101,231,200 ‐$4,240,100 $12,617,900 Residential Sales Ratio Report Sales in Study Total Assessed Value Total Sale Price Ratio PRD 10 $1,672,800 $1,510,90 1.11 1.02 Ratio – Assessed Value divided by Sale Price. PRD – Mean – A PRD above 1.03 tends to indicate assessment regressivity – high valued properties are under appraised relative to low valued properties. A PRD below .98 tends to indicate assessment progressivity – high valued properties are relatively over appraised.

Assessor’s Report Points of Interest Scanning & Filing ‐ All new deeds are being scanned and attached to the CAMA software for easy retrieval. ‐ All appeal documents and correspondence are being scanned and attached to the CAMA software for easy retrieval. ‐ All deeds from 2006 through current day are scanned and attached to our software. ‐ Hard Copies of original property record cards are being scanned and attached to the CAMA software for easy retrieval of previous years history.

City of Dover Sales Ratio Report for September 2010 Total Assesesed PARID Address Val. Sales DT Price ASR ED05‐067.14‐02‐20.00 46 Forest Creek Dr 113,400 13‐Sep‐00 60,000 1.89 ED05‐067.20‐01‐06.00 510 Pear St. 90,200 28‐Sep‐10 116,000 0.78 ED05‐067.20‐03‐61.00 405 N Governors Ave 185,100 28‐Sep‐10 179,000 1.03 ED05‐068.09‐01‐82.00 627 Venue Dr 205,400 1‐Sep‐10 210,000 0.98 ED05‐068.17‐03‐71.00 290 Kings Hwy 196,400 15‐Sep‐10 168,000 1.17 ED05‐076.03‐01‐54.00 159 E Sheldrake Cir 163,300 30‐Sep‐10 134,000 1.22 ED05‐076.06‐08‐61.00 32 Periwinkle Dr 130,400 29‐Sep‐10 136,000 0.96 ED05‐077.06‐01‐71.00 412 Loockerman St 323,100 29‐Sep‐10 225,000 1.44 ED05‐077.06‐02‐82.00 790 E Loockerman St 168,000 24‐Sep‐10 179,900 0.93 LC05‐058.18‐01‐79.00 120 Beth Pl 97,500 22‐Sep‐10 103,000 0.95 1,672,800 1,510,900 11.34

CITY MANAGER’S MONTHLY REPORT September 2010 City Manager’s Monthly Report, September 2010

Customer Services 1,255 payments were processed online or by telephone in September 2010. City of Dover property taxes were due August 31, 2010. As of September 30, 2010 the delinquent property taxes total $1,070,825.47 for all tax years. Budget and Program Development Participated in the IUE‐CWA contract negotiations. Began working on the Fiscal 2012 budget package for distribution to departments. Human Resources Continued contract negotiations with labor unions (IUE‐CWA and IBEW). Held Minority/Female recruiting meetings with employees. Meetings focused on ways to enhance the recruitment efforts of minorities and women. Information Technology Participated in a three‐day national cyber security exercise (Cyber Storm III) conducted by the U. S. Department of Homeland Security. The State of Delaware was one of a handful of states that were selected to participate. More specifically, the Dover and Wilmington Communities were among a very small number of municipalities involved. Parks, Recreation, & Library The Library recorded 594 people attending 15 children’s programs. Eighty‐seven were recorded in Job Resource Center. The final performance of this season’s Concerts on The Green series hosted 287 spectators for the month of Sep‐ tember . Public Services Finalized the remaining Fiscal Year 2011 equipment purchases and issued purchase orders. Completed the Dover Public Library Bid Pac A. Public Utilities The DSU pump station project is complete and the new station is now in operation . 2 City Manager’s Monthly Report, September 2010

PUBLIC AFFAIRS Citizen A ction Cen te r Citizen Action Center Complaints Registered Number of Frequently Asked Questions 200 600 521 175 500 150 379 402 400 314 125 3 04 309 312 25 3 249 222 263 2 52 300 100 18 6 75 200 50 100 25 0 0 Sep Oct Nov Dec Jan F eb Mar Apr May Jun Jul Aug S ep Sep Oct Nov Dec Jan Feb Ma r Apr May Jun Jul Aug Sep 09 09 09 09 10 10 10 10 10 10 10 10 10 09 09 09 09 10 10 10 10 10 10 10 10 10 Planni ng/I nsp ecti ons Pol ic e Pu blic Servi ces /Publ ic Wo rks Publi c Utili ties Si te Ad mi n/Oth er AVERAGE TIME TO CLOSE COMPLAINTS RECEIVED – September 2010 Total # Department # Of Days Complaints Planning/Code Enforcement 53 5.7 days (property code violations) Police (community policing) 2 6.7 days Public Services ‐ Grounds 2 ‐ Sanitation 2.9 days 1 ‐ Streets 3 Public Utilities (electric outages) 2 3.1 days Site Admin/Other Departments 1 3.7 days COMMUNITY OUTREACH, TRAINING AND EDUCATION EVENTS – September 2010  Two‐ Library Public Relations Committee Meetings  NASCAR Races  Mentoring Meeting with City employees, Creative Mentoring and Greater Dover Committee,  Preparation for Public Power Week/Customer Service Week at 5 East Reed Street OTHER ACTIVITIES July 2010 Aug 2010 Sept 2010 FYTD Facebook ‐ New Posts 21 26 54 101 Facebook ‐ Page Views 716 1,004 1,145 2,865 Facebook –Replies to Questions 17 37 21 75 Press Releases 16 9 16 41 Ceremonial Documents 25 16 26 67 (Proclamations, Certificates, Letters of Welcome) City Manager’s Monthly Report, September 2010 3

CENTRAL SERVICES Fleet Operations & Maintenance Items on Hand with no Usage over 36 Months 70000 120 $1,000,000 60000 100 Total Work Orders $800,000 50000 80 Total Dollars 40000 60 $600,000 30000 40 20000 $400,000 10000 20 0 0 $200,000 Sep Oct Nov Dec Jan Feb M ar Apr M ay Jun Jul Aug Sep Sep‐ Oct‐ Nov‐ Dec‐ Jan‐ Feb‐ Mar‐ Apr‐ May‐ Jun‐ Jul‐ Aug‐ Sep‐ 09 09 09 09 10 10 10 10 10 10 10 10 10 09 09 09 09 10 10 10 10 10 10 10 10 10 Total Dollars Tot al Work Orders Elect ric Wat er General Work Orders: 67 Electric: $406,035.24 Fleet Maintenance: $ 7,843.50 (excludes Melvin’s Sunoco) Water: $ 24,698.67 Fuel: $37,966.79 General: $ 44,580.04 Stock Purchases by Fund Contingency & Warehouse Stock $500,000 $4,500,000 2,700 2,600 $400,000 $4,000,000 2,500 Total Line Items 2,400 $300,000 $3,500,000 2,300 Total Dollars 2,200 $200,000 $3,000,000 2,100 2,000 $100,000 $2,500,000 1,900 1,800 $0 $2,000,000 1,700 Sep Oct Nov Dec Jan Feb M ar Apr M ay Jun Jul Aug Sep Sep‐ Oct‐ Nov‐ Dec‐ Jan‐ Feb‐ Mar‐ Apr‐ May‐ Jun‐ Jul‐ Aug‐ Sep‐ 09 09 09 09 10 10 10 10 10 10 10 10 10 09 09 09 09 10 10 10 10 10 10 10 10 10 Elect ric Wat er General Total Dollar Value Total Line It ems Electric: $134,787.21 Total Dollar Value: $3,335,20.78 Water: $ 8,626.08 Total Line Items: 2,056 General: $ 8,852.55 Major Program Updates MEASURE SEPTEMBER 2010 SEPTEMBER 2009 DIFFERENCE Issue Effectiveness (>90%) How often the warehouse has what cus‐ 98.6% 99.3% ‐0.76% tomers need when it’s needed. [issues / (issues + back orders)] * 100 Turn Over Rate (4‐5 per yr.) Indicates that the material stocked is the 1 every 44 years 1 every 25 years 19 years material being used. Bids for non‐inventory items converted to 4 of 4 Bids 7 of 7 Bids (FY10 Total) purchase orders within timeframe ‐ 100% 100% (Quantity and Percentage) Sealed bids prepared, received & distrib‐ 20 of 21 Bids 36 of 38 Bids (FY10 Total) uted within 7 working days of receipt 0.5% 95.2% FYTD 94.7% (Quantity and Percentage) Scheduled Preventative Maintenance 26 of 28 appointments kept 19 of 26 appointments kept appointments being kept. (FY10 Total) ‐20.48% 73.0% (Quantity and Percentage) 92.8% 399,185 pieces Mail receiving lowest discounted rate 72,873 pieces (FY10 Total) ‐0.35% (Quantity and Percentage) 95.6% 95.9% Routine work orders completed within 5 20 work orders completed 31 work orders completed 1.9% days (Quantity and Percentage) 86.9% 93.9% Emergency work orders completed within 1 work orders completed 9 work order completed ‐ 2 days (Quantity and Percentage) 100% 100% 4 City Manager’s Monthly Report, September 2010

CUSTOMER SERVICES WORK ORDERS PROCESSED EXTENSIONS OF CREDIT 3,500 900 833 783 738 714 3,000 800 698 628 2,262 613 612 700 2,500 568 547 556 1,984 1,970 1,972 1,841 1,833 600 1,825 468 1,737 1,709 1,526 2,000 500 1,382 1,355 1,399 400 356 1,500 300 1,000 200 100 500 Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep 2009 2009 2009 2009 2010 2010 2010 2010 2010 2010 2010 2010 2010 2009 2009 2009 2009 2010 2010 2010 2010 2010 2010 2010 2010 2010 Write‐Offs / Electric & Trash Bills The electric write‐off for outstanding electric bills with dates ranging mainly from July 2008 until September 2008 . The proposed write‐off of $64,100.74 includes $20,363.14 from accounts that filed for bankruptcy. The 64,100.71 is the first write‐ off for Fiscal 2011 and is .27 percent of the revenue ($24,476,108) for the write‐off period. In other words, the City collected 99.73% of all bills for the write‐off period. For every $100 dollars of revenue the City billed in the write‐off period, $0.27 was not collected. The trash write‐off for outstanding trash bills with dates ranging mainly from July 2008 until Sept 2008. The proposed write‐off of $1,804.39 includes $17.94 from accounts that filed bankruptcy. The $1,804.39 is the first write‐off for Fiscal 2011 and is $0.59 percent of the revenue ($306,104) for the write‐off period. In other words, the City collected 99.41% of all bills for the write‐off period. For every $100 of revenue the City billed in the write‐off period, $0.59 was not collected. According to the APPA, the industry standard for collections among publicly held utilities of similare size is 99.74% of total electric revenue. The accounts are currently assisgned to our collection agency and will remain there even when they have been written off. A complete list of accounts is available upon request. FY 2011 FY 2010 Major Program Updates Sep 2010 Sep 2009 Difference Year‐to‐Date Year‐to‐Date Number of Customers Served 24,763 26,140 (1,377) 81,274 80,369 Final Bills 731 645 86 2,352 2,030 Estimated Bills 144 147 (3) 453 421 Penalties Posted $ 22,699 $ 18,287 $ 4,412 $ 57,982 $ 49,615 Extensions of Credit ‐ Amount Extended $ 247,732 $ 223,137 $ 24,595 $ 647,785 $ 513,226 Balance Transfers $ 197 $ 6,469 $ (6,273) $ 4,864 $ 17,976 Utility Collections $ 32,864 $ 35,385 $ (2,521) $ 86,151 $ 73,000 Special Assessments $ 2,550 $ 110 $ 2,440 $ 4,261 $ 31,717 Miscellaneous Billings $ 100,115 $ 40,667 $ 59,448 $ 359,467 $ 253,902 CNP through Disconnect Collars 10 12 (2) 27 74 Court Cases ‐ ‐ ‐ ‐ ‐ Tamperings 2 1 1 13 4 Taxes Levied $ 1,549,695 $ 83 $ 1,549,613 $ 1,549,695 $ 9,796,080 Billing Adjustments $ 15,560 $ 10,455 $ 5,105 $ 383,442 $ 64,400 Total Taxes Collected $ 463,309 $ 355,416 $ 107,893 $ 9,104,125 $ 8,853,638 Taxes Outstanding $ 1,070,825 $ 898,952 $ 171,873 $ 2,866,330 $ 10,925,755 Payments in Lieu $ 1,500 $ 1,500 $ ‐ $ 4,500 $ 4,500 Billing Accuracy (on schedule billings) 99.0% 99.0% ‐ 99.0% 99.0% Bills Published on Schedule 99.9% 99.9% ‐ 99.9% 99.9% Meters Read on Schedule 99.9% 99.9% ‐ 99.9% 99.9% Customer Satisfaction Rating 99.7% 99.7% ‐ 99.7% 99.7% Deliquent Accounts Collected 99.7% 99.7% ‐ 99.7% 99.7% City Manager’s Monthly Report, September 2010 5

HUMAN RESOURCES Customer Service Contacts Payroll Hours 700 9,000 600 8,000 7,000 500 6,000 400 5,000 300 4,000 200 3,000 100 2,000 0 1,000 Sep Oct No v Dec Jan Feb M ar A pr M ay Jun Jul A ug Sep 0 09 09 09 09 10 10 10 10 10 10 10 10 10 Sep Oct Nov Dec Jan Feb M ar Apr M ay Jun Jul Aug Sep Citizens A ssisted 173 112 43 30 25 20 25 68 55 50 42 103 150 09 09 09 09 10 10 10 10 10 10 10 10 10 Emplo yees A ssisted 39 52 79 65 75 37 70 97 172 85 78 79 97 Overt ime 1,785 1,463 1,808 1,564 3,293 1,556 1,415 1,602 1,316 1,779 1,874 1,257 1257 A pplications P rocessed 373 174 1 0 0 35 0 2 0 75 4 482 259 Sick 1,482 1,508 1,903 2,018 4,832 2,173 3,320 1,969 961 732 1,749 1,466 1393 Sep Oct Nov Dec Jan Feb Mar Apr May June July Aug Sept Category Total 09 09 09 09 10 10 10 10 10 10 10 10 10 * Caucasian 324 325 323 322 320 320 318 315 315 315 314 314 315 N/A * Minorities 60 60 61 61 61 61 61 61 62 63 62 62 62 N/A Hired 1 2 1 1 1 ‐ 1 ‐ 2 2 ‐ 2 1 14 Terminated/Resigned/ 6 1 2 2 4 ‐ 3 4 1 1 2 2 1 29 Retired Promoted 1 ‐ 1 ‐ 1 2 1 6 3 ‐ 1 ‐ ‐ 16 Jobs Posted 1 1 ‐ 3 1 3 3 ‐ 3 ‐ 2 3 4 24 Workers Comp. Injuries 3 1 1 ‐ 4 2 2 3 4 8 5 6 3 42 Workers Comp. Hours 283 103 25 26 23 50 186 358 299 123 11 9 0 1496 Insurance Claims 1 2 5 2 1 10 9 6 7 10 8 2 8 71 Workers’ Comp. hours may not be the result of injuries that occurred during the current month. Full‐time Employees: 363 Part‐time Employees: 15 (4 Pitts Center, 1 Recreation, 10 Library) Numbers do not reflect, temporary, seasonal, relief fire dispatchers, committee or council members. Hired: Administrative Assistance, City Clerk’s Office Resigned: Librarian II – Adult Services Unfilled/Open Positions Nov Dec Jan Feb Mar Apr May Jun July Aug Sept By Department 09 09 10* 10 10 10 10** 10 10 10 10 Public Utilities 8 8 9 10 13 12 12 11 12 5 3 3 Public Services 1 2 43 3 3 3 4 4 1 2 2 Police 3 3 4 4 4 56 5 5 3 2 2 2 All Other Departments 9 9 10 10 10 10 10 11 12 5 6 6 Totals 21 22 27 26 27 30 30 31 31 31 13* 13 13 30 *January 2010: Public Services was overstated by one *April 2010: Police understated by one. Six vacancies existed in April. June 2010: One Officer began terminal leave in April. *May 2010: Incorrect numbers reported. Individuals is on terminal leave and is not included in totals in chart: Public Utilities ‐ 1 One vacant position filled with temp, position included in totals in chart: Central Services *Significant decrease in number of Open Positions due to positions no longer being funded during Budget Process. Public Utilities: Grounds Worker (2), Motor Equipment Operator II/Water (1) Public Services: Motor Equipment Operator/Grounds (1) and Motor Equipment Operator/Streets (1) Police: Police Master Corporal (1), Communications Operator (1) All Other Departments: Custodian I (1), Assistant Library Director (1), Programmer Analyst (1), Library Clerk (1), Librarian II‐Adult Services (1), Librarian I‐Teen Services (1) 6 City Manager’s Monthly Report, September 2010

HUMAN RESOURCES continued Sept Oct Nov Dec Jan Feb Mar Apr May Jun July Aug Sept Bonus Program Category Total 09 09 09 09 10 10 10 10 10 10 10 10 10 Stop Program‐Sensibly Taking Off Pounds(weigh‐ins) 20 57 ‐ 13 20 ‐ 20 24 41 42 42 29 10 318 Caught Doing it Right‐Promotes employees productivity & 1 2 2 2 1 ‐ ‐ ‐ ‐ ‐ 2 3 1 14 creativity (submissions) Breathe Program‐Rewards for 1 ‐ ‐ 2 1 ‐ ‐ ‐ 1 1 ‐ ‐ ‐ 6 ending tobacco use (submissions) Ducs in a Row‐Doing Useful ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Community Service (submissions) Workers Comp Injuries 14 12 10 8 6 4 2 0 Sep‐ Oct‐ Nov‐ Dec‐ Ja n‐ Feb‐ Ma r‐ Apr‐ Ma y‐ Jun‐ Jul ‐ Aug‐ Sep‐ 09 09 09 09 10 10 10 10 10 10 10 10 10 Public Utilities Public Services Police Others Public Utilities: 1 Public Services: 0 Police: 2 All Other Depts.: 0 Workers Comp Hours 600 500 400 300 200 100 0 Sep‐ Oct‐ Nov‐ Dec‐ Ja n‐ Feb‐ Ma r‐ Apr‐ Ma y‐ Jun‐ Jul ‐ Aug‐ Sep‐ 09 09 09 09 10 10 10 10 10 10 10 10 10 Public Ut ilities Public Services Police Ot hers Public Utilities: 0 Public Services: 0 Police: 0 All Other Depts.: 0 City Manager’s Monthly Report, September 2010 7

INFORMATION TECHNOLOGY Service Requests Resolved Citizen Action Center ‐ Customers w/ New Issues 200 178 170 182 177 171 161 153 163 153 153 190 151 170 150 123 132 150 127 124 130 108 100 110 90 73 79 66 50 70 53 59 54 50 41 36 34 32 30 0 10 Sep‐ Oct‐ Nov‐ Dec‐ Jan‐ Feb‐ Mar‐ Apr‐ May‐ Jun‐ Jul‐ Aug‐ Sep‐ Sep‐ Oct‐ Nov‐ Dec‐ Jan‐ Feb‐ Mar‐ Apr‐ May‐ Jun‐ Jul‐ Aug‐ Sep‐ 09 09 09 09 10 10 10 10 10 10 10 10 10 09 09 09 09 10 10 10 10 10 10 10 10 10 Programming Requests Completed Page Views ‐ City of Dover Web Page 30 90,000 25 80,000 25 22 20 20 20 70,000 19 Pages View ed 20 60,000 15 15 14 15 50,000 15 77,138 69,485 11 66,744 66,869 40,000 65,415 65,764 10 60,065 61,049 9 10 30,000 36,994 38,684 39,610 39,576 30,819 20,000 5 10,000 0 0 Sep‐ Oct‐ Nov‐ Dec‐ Jan‐ Feb‐ Mar‐ Apr‐ May‐ Jun‐ Jul‐ Aug‐ Sep‐ * Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Sep- 09 09 09 09 10 10 10 10 10 10 10 10 10 09 09 09 09 10 10 10 10 10 10 10 10 10 Same Current Last Performance Indicators Month Month Month Last Year iSeries Availability 100% 100% 100% Server Availability 100% 100% 100% AS/400 Connections 42% 40% 36% (concurrent/authorized users) PCs Supported 343 343 345 Scheduled PCs Replaced ‐ ‐ ‐ Servers Supported 16 16 16 People Trained 10 3 34 Availability Statistics based on 7:00 AM until 5:00 PM Monday—Friday 8 City Manager’s Monthly Report, September 2010

PARKS, RECREATION & LIBRARY Library Adult Services Children Services 3500 1200 3000 1000 2500 800 2000 600 1500 400 1000 500 200 0 0 Sep- Oct- No v- Dec- Jan- Feb- M ar- A pr- M ay- Jun- Jul- A ug- Sep- Sep- Oct- No v- Dec- Jan- Feb- M ar- A pr- M ay- Jun- Jul- A ug- Sep- 09 09 09 09 10 10 10 10 10 10 10 10 10 09 09 09 09 10 10 10 10 10 10 10 10 10 Reference Reader's A dviso ry Outreach Electro nic A ssistance Reference Reader's A dviso ry Outreach Electro nic A ssistance Reference: 35 Reader’s Advisory: 2 Reference: 133 Reader’s Advisory: 49 Outreach: 0 Electronic Assistance: 39 Outreach: 0 Electronic Assistance: 18 CIRCULATION SEPTEMBER 10 FYTD 11 SEPTEMBER 09 FYTD 10 Dover Residents 16,262 54,452 15,661 52,128 Kent County Residents* 13,937 46,289 15,741 49,295 Non‐County Residents 1,182 3,763 1,359 3,797 REGISTRATIONS Dover Residents 250 810 254 803 Kent County Residents* 102 367 157 502 Non‐County Residents N/A 25 24 58 OTHER Visiting Patrons 30,688 100,886 33,195 105,812 Meeting Room Usage 240 660 180 460 Photocopier Usage 1,392 5,259 1,573 4,943 Dial‐A‐Story 1,087 4,464 1,593 5,048 Computer Usage 4,437 14,465 5,096 15,692 Holds (Total) N/A 17,710 5,867 18,244 *Breakout of Kent County Residential Statistics Circulation Registrations Harrington: 147 Harrington: 1 Smyrna: 716 Smyrna: 2 Milford: 78 Milford: 1 Outside City Limits: 12,996 Outside City Limits: 98 Total Registered Users: (Card Holders) City: 16,604 County: 13,470 Outside Kent County: 7,536 Other Points of Interest: Interlibrary: 2,770 items loaned out Technical services: 1,301 items added 2,749 items borrowed 581 items deleted Volunteers: 341.50 hours of service completed City Manager’s Monthly Report, September 2010 9

Parks and Recreation Recreation Revenue Recreation Revenue Breakdown $30,000 $28,8 25 $35,000 $25,000 $30,000 $22,5 18 $20,000 $19,8 13 $25,000 $15,7 45 $15,6 82 $15,000 $20,000 $12,4 13 $12,6 44 $10,000 $15,000 $7,84 2 $7,45 1 $6,46 6 $3,82 9 $4,95 3 $4,02 0 $10,000 $5,000 $5,000 $0 $0 Sep- Oct- No v- Dec- Jan- Feb- M ar- A pr- M ay- Jun- Jul- A ug- Sep- Sep‐ Oct‐ Nov‐ Dec‐ Jan‐ Feb‐ Mar‐ Apr‐ May‐ Jun‐ Jul‐ Aug‐ Sep‐ 09 09 09 09 10 10 10 10 10 10 10 10 10 09 09 09 09 10 10 10 10 10 10 10 10 10 General Rental Payments Sport s Leagues Trips General: $2,020 Rental Payments: $1,188 Sports: $400 Leagues: $85 Trips: $327 Rentals SEPTEMBER 10 FYTD 11 SEPTEMBER 09 FYTD 10 Baseball/Softball Field Rentals* 16 71 28 109 Dover Park Pavilions (2) ‐ 17 3 21 Multipurpose/Field Hockey Field Rentals* ‐ 51 ‐ 44 Recreation Center – Dover Park 15 83 10 42 Silver Lake Pavilions (2) / Schutte (1) 5 23 3 27 Soccer Field Rentals* 2 6 2 8 Stage – Mobile Platform 3 11 3 13 *These numbers reflect groups that utilized our facilities during September. Program Attendance* SEPTEMBER 10 FYTD 11 SEPTEMBER 09 FYTD 10 Soul Line Dancing 5 14 Not Offered *This number reflects activities that took place in September. (Not included on the JWP report.) Pitts Center ‐ Total Program Attendence FREE Open Gym Registration Cards* ‐ through 9/30/2010 Total Cards Issued: 3,736 20,000 City Residents: 1,704 ‐ (46%) Non‐City Residents: 2,032 ‐ (54%) 12,043 15,000 ‐ Kent County: 1,622 ‐ (43%) # of people ‐ Sussex County: 138 ‐ (4%) 7,374 10,000 6,082 ‐ New Castle County: 93 ‐ (2%) 5,753 3,975 3,329 ‐ Out of State: 179 ‐ (5%) 2,431 2,307 2,995 2,018 2,041 5,000 1,315 1,340 *The cards permit entrance to the facility during sched‐ 0 uled Public Gym Periods at no charge. Sep‐ Oct‐ Nov‐ Dec‐ Jan‐ Feb‐ Mar‐ Apr‐ May‐ Jun‐ Jul‐ Aug‐ Sep‐ 09 09 09 09 10 10 10 10 10 10 10 10 10 10 City Manager’s Monthly Report, September 2010

PUBLIC SERVICES ADMINISTRATION Administrative review and inspection services continued on all residential and commercial developments. The following residential subdivisions are in various phases of construction: Oak Shadows Emerald Pointe Lexington Glenn Village of Westover (Phase VI) Farthing Woods Nottingham Meadows Stoney Creek (Phase II) Clearview Meadows Village of Cannon Mill Somerset Park Patriot Village Eden Hill (Residential) SANITATION Monthly Total Refuse (Tons) Sanitation Hours 1,500 1200 1,027 973 1,041 1,002 1,029 1,028 1,018 987 983 1000 928 919 919 1,000 833 815 800 636 613 597 612 522 569 470 522 419 439 408 600 376 354 359 500 319 318 233 167 400 200 78 ‐ 48 5 0 Sept Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep 0 09 09 09 09 10 10 10 10 10 10 10 10 10 Bulk Collection Mechanized Hand Trash Container Electronic Goods Collection Collection Repair/Delivery Pickup Bulk Automated Sep 10 Sep 09 SEPTEMBER 10 FYTD 11 SEPTEMBER 09 FYTD 10 Trips to DSWA Sandtown Landfill 244 781 246 756 Total Tonnage to DSWA 1,277.69 4,039.89 1,460.15 4,371.81 90‐Gallon Containers Delivered 44 79 58 111 300‐Gallon Containers Delivered 4 18 1 5 Total Man Hours‐containers Delivered 78 202 48 110 CURBSIDE RECYCLING TOTAL # OF TOTAL # OF WEIGHT/LBS. AVE. LBS. STATS HOUSEHOLDS ACCOUNTS SEPT 2010 17,132 7,776 256,220 15 City Manager’s Monthly Report, September 2010 11

STREETS SEPTEMBER 10 FYTD 11 SEPTEMBER 09 FYTD 10 Signed Installed 23 80 35 52 Signs Repaired 3 63 10 40 Curbs Painted Yellow (Feet) 540 833 ‐ 240 New Post Installed 10 28 9 20 Storm Catch Basins Repaired ‐ 24 ‐ 5 Storm Catch Basin Repairing (Hrs.) ‐ 148 ‐ 44 Hot Mix Patching (Tons) 20 90 138 434 Hot Mix Patching (Hrs.) 75 348 ‐ 812 Cold Mix Patching (Hrs.) 16 80 28 92 Concrete Work (Hrs.) 108 192 ‐ 142 Concrete Patching (Cubic Yards) 10 33 ‐ 11 Street and Alley Maintenance (Hrs.) 157 469 142 425 Ditch Work (Hrs). ‐ 65 ‐ 22 Street Sweeping (Miles) 1,577 3,793 1,634 5,056 Street Sweeping (Cubic Yards) 348 744 336 936 GROUNDS ‐ Arborist Crew SEPTEMBER 10 SEPTEMBER 10 Trees Trimmed 48 62 Trees Removed 26 30 Stumps Removed 3* 26 Root Pruning 7** ‐ – Trimmed back alleys in the Edgehill Subdivision. – *Stumps removed on Mitchner Road for new sidewalk is being installed. – **One on Mitchner Road and the remainder were part of the sidewalk replacement program on north State Street. Beautification Crew – Maintained all 53 annual beds including edging, weeding, and watering. Extensive watering during an unusually dry September. – Maintained 78 hanging baskets on Loockerman Street. – Pulled the annuals from City Hall and replaced with fall mums. Grounds Maintenance/Mowing Crews – Mowed 280 acres including parks, around city buildings, ditches and right‐of‐ways. – Mowed the following locations with the boom‐axe mower: Fox Hall ditch, the Hamlet ditch, Dover Park ditch, and the Silver Lake Plaza ditch. Special Projects Crew – Applied 34 gallons of Roundup herbicide at the following locations: City Warehouse, The Plaza and City Hall, the Facilities Maintenance Shop, Library and Weyandt Hall, Silver Lake Park, Construction Shop, Bradford Street parking lot and Richardson Park. – Dup up one Magnolia tree, shrubs and transplanted to another island on the south Governors Avenue. – Weeded all mulched areas at City Hall, The Plaza, the Library and Weyandt Hall. 12 City Manager’s Monthly Report, September 2010

ECONOMIC DEVELOPEMENT UNEMPLOYMENT RATES DEC JAN FEB MAR APR MAY JUN JUL AUG SEP 09 10 10 10 10 10 10 10 10 10 City of Dover 8.8% 9.8% 10.3% 9.4% 9.4% 9.4% 10.2% 9.8% 10.2% Pending National & State averages (US‐9.6% & State‐8.4%) Source: State of Delaware Department of Labor Number of contacts made with small businesses and with out‐of‐town companies interested in locating to Dover. TYPE YTD Contacts Made Small Businesses 6 Out‐of‐town Companies 6 A meeting was held with local establishments, that serve alcohol, to discuss possible changes to the City code. Staff provided an update on employment levels of Dover’s major employers to the Parks, Recreation and Commu‐ nity Enhancement Committee. Staff gave a presentation about the Dover Sun Park at the Sustainable Delaware Conference hosted by AIA Dela‐ ware, Inc. The Garrison Oak Technology Park site plan received final approval from the Planning Commission. Staff attended the Kent Economic Partnership meeting and the Delaware Sports Complex Board of Directors meet‐ ing. Staff arranged a meeting between Macquarie Energy and Dover Air Force Air Civil Engineering. DOWNTOWN DOVER PARTNERSHIP The DDP has signed a contract with Bristol Environmental for asbestos removal from 22‐24 W. Loockerman Street. Work is scheduled to begin in early October. DDP co‐sponsored the Dover/ Kent County MPO Transit Center Neighborhood Charrette. In a partnership with the United Way, Delaware State University and Downtown Merchants, the DDP is sponsoring a Community Coat Drive. This project, developed by Lee Turner the owner of Fly 365, has been enthusiastically em‐ braced by all the merchants. Staff attended the Central Delaware Leadership Retreat on September 9 and 10. Staff also attended the Delaware/ Maryland Main Street Revitalize Conference held in Rehoboth Beach on September 27 and 28. City Manager’s Monthly Report, September 2010 13

LIFE SAFETY Inspections SEPTEMBER 10 FYTD 11 SEPTEMBER 09 FYTD 10 Fire Protection Inspections (new/existing) 51 233 16 121 Fire Code Inspections 46 339 67 192 Inspection Deficiencies 40 367 51 330 Certificate of Occupancy 16 25 11 27 Non‐Inspection Hours Office 98 294 101 331 Meetings 47 134 9 115 Plan Review 31 137 46 184 Training 25 42 152 235 Fire Investigations 17 55 34 83 Damage Cost Accidental $8,050 $48,550 $10,000 $ 16,000 Incendiary $ ‐ $10,000 $ ‐ $130,000 Undetermined $ 800 $ 2,300 $15,000 $ 15,000 PERMITTING AND LICENSING Permits Issued SEPTEMBER 10 FYTD 11 SEPTEMBER 09 FYTD 10 Administrative Permit 2 7 2 9 Building Addition/Renovation Permits 45 189 38 144 Building Permits 19 33 13 46 Demolition Permits 2 6 10 16 Fence Permits 6 28 10 32 Fire Prevention Permits 10 22 8 19 Mechanical Permits 16 66 51 140 Plumbing Permits 63 164 55 170 Sign Permits 19 63 30 73 Swimming Pool Permits ‐ 2 ‐ 1 Licenses Issued Business Licenses 263 1,380 166 953 Merchant Licenses 12 265 17 252 Contractor Licenses 58 678 38 591 Lodging House Licenses ‐ ‐ ‐ ‐ Mobile Homes 16 151 70 254 Public Occupancy 11 27 8 13 Rental Dwelling 24 55 26 70 BUILDING INSPECTIONS Permits Issued SEPTEMBER 10 FYTD 11 SEPTEMBER 09 FYTD 10 Building 365 1,239 436 ‐ Plumbing/Mechanical 567 1,259 568 1,149 Certificate of Occupancy 22 78 43 91 GEOGRAPHIC INFORMATION SYSTEMS (GIS) – Printed several posters for Economic Development. – Field verified and created alley abandonment maps. – Provided support for race week operations. – Updated utilities web mapping application. – Started Coin Operated Vending Machine GIS Database for license tracking. 14 City Manager’s Monthly Report, September 2010

PUBLIC UTILITIES ELECTRIC System Peak Total System Load 85,805 200.0 100,000 164.1 164.0 78,221 74,934 90,000 160.2 155.7 66,117 66,434 80,000 63,373 133.8 59,833 60,764 128.1 56,420 56,857 57,103 150.0 70,000 54,029 52,792 60,000 103.7 107.0 104.0 107.7 99.1 98.2 98.1 50,000 100.0 40,000 30,000 20,000 50.0 10,000 Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep 09 09 09 09 10 10 10 10 10 10 10 10 10 09 09 09 09 10 10 10 10 10 10 10 10 10 Outages Customers of Gained/Lost 35 7,000 60 52 30 6,000 48 50 25 5,000 40 Outages Customers 20 4,000 15 3,000 30 24 23 10 2,000 20 15 15 13 11 11 5 1,000 7 9 10 5 3 0 0 0 Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep 09 09 09 09 10 10 10 10 10 10 10 10 10 Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Outages Customers 09 09 09 09 10 10 10 10 10 10 10 10 10 Outages: 12 Customers: 296 Electric Monthly Outage Report The annual outage goal will be less than 295 minutes per customer, which is a Delaware Standard. This will be measured by calculating the System Average Interruption Duration Index. FY11 YTD FY10 FY09 91.78 160.14 155.17 Controllable Outages Average Response Time Annual goal is less than 40 Goal is less than 30 minutes Month Year‐to‐date Month Year‐to‐date 2 17 33.1 Minutes 37.09 Minutes City Manager’s Monthly Report, September 2010 15

Electric Engineering Design Major Program Updates Sept 10 Sept 09 DIFF FY11 YTD FY10 Extensions Design Completed Within 30 days ‐ ‐ ‐ ‐ 3 of complete Submission New Underground Installation % Completed New Underground Installation % Completed  Kent General Hospital Ongoing  Farthing Woods Ongoing  Crossgates Development Ongoing  Buchanan Acres Ongoing  Mid City Substation Circuits Ongoing PROGRAM UPDATES Sept 10 Sept 9 FY11 YTD Tree Trimming 142 171 434 Number of Oil Releases ‐ ‐ 1 Lost Time Accidents – All Electric Utility Divisions ‐ ‐ ‐ New Services 19 32 35 Major Goals Completed in the Past Two Months  August 2010 had the least amount of electrical outages for the month in a 20 year history 16 City Manager’s Monthly Report, September 2010

WATER/WASTEWATER Water Production/Billed Consumption/Flow to Kent County 300,000,000 250,000,000 200,000,000 150,000,000 100,000,000 50,000,000 0 Sep 09 Oct 09 Nov 09 Dec 09 Jan 10 Feb 10 Mar 10 Apr 10 May 10 Jun 10 Jul 10 Aug 10 Sep 10 Total Water Prod. Billed Consumpt. Total Flow to County City Readings ENGINEERING SUMMARY SEPTEMBER SEPTEMBER Major Program Updates DIFF FY11 YTD FY10 10 09 State and Federal Violations 0 violations 0 violations ‐ ‐ ‐ Water Quality Complaints 9 33 ‐24 26 73 ‐3 Plan Review Completed Within 30 days of 7 plans 10 plans plans 100% 100% Submission 100% 100% Field Inspection Response within 48 hours of 100% 100% ‐ 100% 100% Request Major Goals Completed in the Past Two Months  The DSU pump station project is complete and the new station is now in operation. OPERATIONAL SUMMARY Task SEPTEMBER 10 SEPTEMBER 09 Current FY Water Production – Daily Average 5,335,367 4,118,733 5,782,348 Average Field Response Time (goal is < 30 minutes) 20 13.4 17.8 Water Mains Repaired 1 1 2 Water Service Lines Repaired 1 5 7 Wastewater Mains Repaired ‐ ‐ ‐ Wastewater Service Lines Repaired 2 1 2 Sewer Lines Flushed – Linear Feet 135,537 95,143 287,519 Percentage of Flow Sent to Kent County vs. Gallons Billed 67% 94% 104% (inflow/Infiltration monitoring) Total Water Meters in City Distribution System 13,863 13,734 35 Lost Time Accidents – All Water/Wastewater Divisions ‐ ‐ ‐ City Manager’s Monthly Report, September 2010 17

CITY PLANNER’S MONTHLY REPORT Public Services Group P.O. Box 475 Dover, DE 19903 Phone: (302) 736-7010 Fax (302) 736-4217 September 2010 PERSONNEL On September 21, 2010 Janelle Cornwell, Ann Marie Townshend, Michael Albert, Ed Graves, David McGinnis, and Tim Taraila attended a Blue Card Construction Certification course offered by DNREC held at the Dover Police Department Assembly Room. This course was offered to train staff on erosion and sediment control practices and requirements, in accordance with the City’s municipal separate storm sewer system (MS4) permit. During the September 2010 NASCAR Race staff activities involved manning the Command Post, data gathering with GIS technology, intake of business licenses, license and code compliance checks, and incident response by Fire Marshals in addition to the regular daily operations of the Department of Planning. The Staff activities specifically related to the NASCAR event covered the period of Wednesday, September 22th through Sunday, September 26th and involved 16 City Staff, 1 State Fire Marshal and 4 Kent County Dispatchers. On September 28, 2010 Dawn Melson-Williams attended a West Dover Connector Workshop sponsored by DelDOT and held at the Modern Maturity Center. EDEN HILL FARM TND Construction continues in the Residential District of Eden Hill Farm Traditional Neighborhood Design with seven townhouses currently underway. A set of six townhouses in the 400 block of Ann Moore Street received Certificates of Occupancy in September bringing the total number of units completed to 35 units. Another set of permits was filed in late September for review of seven townhouse units on South Greenberry Lane. In September, there was no specific activity associated with the Professional Office, Medical & Financial District. The new Revised Implementation Plan for the Neighborhood Commercial District filed for Planning Commission review (to supersede the previous Revised Implementation Plan of March 2009) was postponed until the October meeting of the Planning Commission due to inadequate public notice for the September meeting and a pending revised plan submission. COMPREHENSIVE PLAN IMPLEMENTATION Planning Staff continues to focus efforts on the implementation items identified in the 2008 Comprehensive Plan as amended. In September the formal review process for the text amendment to update the Environmental Protections within the Zoning Ordinance began with the First Reading at City Council and the Planning Commission public hearing and review was scheduled for October. Planning Staff continues review of the application processing provisions of Zoning Ordinance, Article 10 in anticipation of drafting a text amendment. The Historic District Commission continues work on a project to update the Design Standards and Guidelines for the Historic District Zone by reviewing the current document for revisions. PERMITTING AND LICENSING REVIEW The Planning Staff is part of the Building Permit review process. Our activities involving reviewing specific types of permit applications for compliance with the Zoning Ordinance and for compliance with any conditions of approval from the Planning Commission, Board of Adjustment, or Historic District Commission.

Permits Reviewed Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep-10 # (Issued) 10 10 10 10 10 10 10 10 Reviewed (Issued) YTD Building 16 15 25 30 22 40 51 79 29 307 Additions/Renovations/ Shed/Deck Permits Building Permits 12 10 9 5 8 6 5 7 13 75 Demolition Permits 3 5 2 2 2 3 2 2 2 23 Fence Permits 4 0 8 16 11 5 12 9 5 70 Sign Permits 12 10 12 5 11 7 11 6 7 81 Temporary Sign Permits 7 3 9 4 8 4 6 5 6 52 Swimming Pool Permits 0 0 0 2 2 4 2 0 0 10 Certificate of Occupancy 6 6 9 11 24 28 13 31 19 147 Total # Permits 60 49 74 75 88 97 102 139 81 765 Reviewed (Issued) CODE ENFORCEMENT Case Type # cases # cases % staff % staff current month YTD initiated initiated YTD current month No valid rental permit 6 82 100% 95% No valid building permit 2 28 50% 75% Tall grass and weeds 51 499 43% 56% Unregistered vehicle 2 35 50% 51% Abandoned vehicle 6 69 50% 36% Annual Housing 34 423 91% 96% Inspection CO Inspection – 1 1 100% 100% Planning Property Maintenance – 23 351 48% 50% Exterior Electric Termination 26 171 4% 4% Dover Code of 33 467 45% 36% Ordinances Zoning 10 108 30% 69% Basketball goal 3 24 100% 50% Total Cases 197 2259 Total # of Inspections 281 COMMUNITY DEVELOPMENT FISCAL YEAR 09-10 CDBG PROJECTS U

Homeowner Rehabilitation Program Four (4) homes are underway (814 River Road, 40 Bertrand Drive, 508 Walker Road and 106 Gordon Place.) Lead based paint testing is being conducted on two properties. Once testing is completed, properties will be advertised for bid. CDBG FY10 Projects Funding for CDBG 2010 is expected to be available for draws in late September, and contract signings for sub- recipients has been scheduled for September 30th. Neighborhood Stabilization Program (NSP) The City was awarded $1,426,740 for the acquisition and rehab of foreclosed properties to be sold to qualifying families. A total of $1,210,016 has been expended on the acquisition of 8 properties and renovations for 5 properties. The remaining balance of $216,723 will be utilized for renovations and acquisition. Two properties have been sold, three are being renovated, two are completed and for sale and one is a lease purchase. The City has received $240,000 in program income from the proceeds of the 2 properties sold that will be utilized to purchase another foreclosed property. Dover Housing Authority will purchase 1207 S. Farmview Drive in early November. The following list the status of each NSP property: 218 Ann Avenue (sold) 337 N. Governors Avenue (rehab completed) 343 Mimosa Avenue (sold) 254 Green Blade Drive (rehab completed) 907 Woodcrest Avenue (lease purchase) 302 Stonebrook Place (rehab underway) 1430 S. Hancock Avenue (rehab underway) 11 Westover Drive (rehab underway) MEETING REPORTS Board of Adjustment: The Board of Adjustment met on September 15, 2010. The next Board of Adjustment meeting is scheduled for October 20, 2010 (Meeting moved to November 3, 2010 due to lack of quorum for the October meeting.) 1. Applicant #V-10-09 - 217 & 223 McKee Road, Mor-Kath-Ric, LLC – Moved to approve. 2. Applicant #V-10-10 - Forrest Avenue, New Dover High School Site, the Capital School District - Moved to approve with the granting of two variances: Building height to allow for three (3) stories and sixty (60) feet: and a variance of landscape buffer requirements allowing for the applicant to work with the Planning Commission and Planning Staff on tree planting compliance. Historic District Commission: The Historic District Commission met on September 16, 2010 and took the actions listed below. The next regularly scheduled meeting for the Historic District Commission is October 21, 2010. Discussion is ongoing regarding updating the Historic District Guidelines. 1. HI-10-01 Building at 301 South Governors Avenue – Having declared the building as “Demolition by Neglect” then moved to instruct the Building Inspector to begin proceedings under the “Dangerous Building” provisions and forward to City Council a recommendation that the building be repaired and not demolished. Planning Commission The Planning Commission met on September 20, 2010 and took the actions summarized listed below. The next scheduled Planning Commission meeting is scheduled for October 18, 2010. 1. S-09-19 Walker Pavilion at Four Seasons at 101 Mont Blanc Boulevard – Moved to approve a one year extension.

2. S-10-21 NBR Properties at 850 New Burton Road – Moved to approve with the condition that the applicant work with Staff regarding the flat roof and authorized the approval of two waiver requests: partial elimination of curbing and the elimination of one loading space. Also to explore landscaping request across the road to shield the neighbors with a heavier barrier. 3. S-10-22 Lands of Dr. David Jawahar at 807 and 811 South Bradford Street – Moved to approve with the approval of the waiver requests for partial elimination of curbing and elimination of the opaque barrier (fence component). 4. SB-10-02 Wynsome Oaks Subdivision on White Oak Road – Moved to approve Conceptual Subdivision with the condition that the applicant do everything they can to reduce the water condition that exists and to forward to City Council a recommendation of approval for a waiver requested to exceed the maximum length of the dead end street. Also approval of a waiver request for partial elimination of sidewalk along the White Oak Road frontage. 5. SB-09-06P Lands of Garrison Oak Technical Park at 1499 White Oak Road: Preliminary Subdivision – Moved to approve with the requested waiver of partial elimination of sidewalks to the west side of the entrance to Garrison Oak and to implement the ten foot wide multi-use path versus a sidewalk along the remaining street frontage of White Oak Road. 6. S-10-17 Duncan Plaza at 600 Forest Street – Moved to approve the Site Plan and Architectural Review Certification and approval of the requested waivers for elimination of a loading space, partial elimination of curbing, to recognize the joint facilities provisions of the parking requirements and to grant a waiver of 45.2% of the parking requirement. Also a recommendation to upgrade the cement wall with railroad ties for a better appearance around the parking area at the Duncan Center. Submitted by: Ann Marie Townshend, AICP Planning & Community Development Director

City of Dover Capital Investment Plan Project Tracking Report August 31, 2010 Points to Remember - * Original Project Budget = Original Total Project Budget initially included in approved annual budget. * Latest Project Budget = Revised Total Project Budget included in most recent approved annual budget or one of the following: bond resolution, revolving fund loan agreement, Council approved budget amendment, or City Manager approved amendment as per the Budget Amendment Procedure. * Current Fiscal Year - Revised Fiscal Year Budget = Current Year approved project budgets plus carry forward balances of unspent budgets in the prior fiscal year. Project Carry Forward balances will be submitted to City Council for amendment in January 2010. Can also be amended with City Manager approval per the Budget Amendment Procedure. * Water Quality, Inflow/Infiltration, Distribution Upgrades and New Development projects are budgeted as a blanket project and once individual projects are identified and estimated they are created using an allocation of the overall budgeted amount. Examples are Water Quality - Walker Road; New Developments - CVS, McDonald's, Wawa; Distribution Upgrades - Greenview; * Status and Comments provided by City Manager. * For Finance purposes projects are considered completed when placed in service and all charges have been processed. Community Water & Total Current Year Budget Funding Sources General Transportation Wastewater Electric CIP Beginning Budget Balance $ 65,479 $ 100,913 $ 1,287,099 $ 1,688,861 $ 3,142,352 Federal and/or State Grants 3,361,520 1,000,000 - - 4,361,520 Revolving Fund Loans - - - - - Bond Proceeds 1,000,000 - 3,016,200 - 4,016,200 Impact Fees - - 242,040 - 242,040 State Funds (FY09 Carry Forward Gov Ave) - - - - - Income from Sale of Assets - - - - - Parkland Reserve 140,000 - - - 140,000 Library Reserve & Contributions 2,343,519 - - 2,343,519 Transfer from Operating Funds 1,307,839 300,000 1,000,000 3,500,000 6,107,839 Interest Earned 10,900 2,800 - 40,700 54,400 Project Carry Forward Balances - - - - - Total Funding Sources (Unaudited) $ 8,229,257 $ 1,403,713 $ 5,545,339 $ 5,229,561 $ 20,407,870 Page 1 of 5

City of Dover General Fund - Major CIP Projects August, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project Current Revised Fiscal Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD % Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments 1 FY2009 Working on Construction Documents and 2 M/G New Library Project $ 18,200,000 $ 24,679,934 $ 737,066 $ 23,942,868 3.0% $ 6,687,039 $ 6,687,039 $ - 0.0% Started Bidding Bid Pack A. 3 Totals - FY09 $ 18,200,000 $ 24,679,934 $ 737,066 $ 23,942,868 3.0% $ 6,687,039 $ 6,687,039 $ - 0.0% 4 5 FY2010 6 Vehicles & Equipment $ 63,675 $ - $ - $ - 0.0% $ 735,185 $ 735,185 $ - 0.0% Started Vehicles being ordered. Structure done. Sprinklers in, wiring & heater 7 Pitts Center Addition 50,000 40,000 7,055 32,945 17.6% - 40,000 3,927 0.0% Started to be installed. 8 Totals - FY10 $ 113,675 $ 40,000 $ 7,055 $ 32,945 17.6% $ 735,185 $ 775,185 $ 3,927 0.5% 9 10 FY2011 Core Law Enforcement Server 11 Replacement $ - $ 53,500 $ - $ 53,500 0.0% $ - $ 53,500 $ - 0.0% Started Specifications done. 12 Playground Improv Program - 15,000 - 15,000 0.0% 15,000 15,000 - 0.0% Not Started Nov. Paving of BB courts scheduled. 13 Skate Park - 30,000 - 30,000 0.0% 30,000 30,000 - 0.0% Not Started In discussions with equipment provider. 14 Concrete Program 50,000 50,000 - 50,000 0.0% 50,000 50,000 - 0.0% Started Complete with contractor portion. 15 Transfer to CT Fund 300,000 - - - 0.0% 300,000 300,000 - 0.0% Started See CTF report. 16 Downtown Security Cameras 63,000 63,000 - 63,000 0.0% 63,000 63,000 - 0.0% Not Started Site Selection. 17 Totals - FY11 $ 413,000 $ 211,500 $ - $ 211,500 0.0% $ 458,000 $ 511,500 $ - 0.0% 18 19 Grand Totals $ 18,726,675 $ 24,931,434 $ 744,121 $ 24,187,313 3.0% $ 7,880,224 $ 7,973,724 $ 3,927 0.0% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. G = Grant funded project Page 2 of 5

City of Dover Community Transportation & General Fund Street Funds - Major CIP Projects August, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project Current Revised Fiscal Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD % Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments 1 FY 2006 2 M Lincoln Park Center $ 400,000 $ 400,000 $ 361,063 $ 38,937 90.3% $ - $ - $ 3,807 0.0% Started Ongoing. 3 Totals $ 400,000 $ 400,000 $ 361,063 $ 38,937 90.3% $ - $ - $ 3,807 0.0% 4 5 6 Grand Totals $ 400,000 $ 400,000 $ 361,063 $ 38,937 90.3% $ - $ - $ 3,807 0.0% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. Page 3 of 5

City of Dover Water/Wastewater Improvement & Extension Fund - Major CIP Projects August, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project % Approved Revised Fiscal % Project Project To Date Budget Budget Fiscal Yr. Fiscal Yr. YTD Budget Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Balance Spent Status Comments 1 FY 2008 2 South Governors Ave. Water Main Upgrade $ 200,000 $ 200,000 $ 2,664 $ 197,336 1.3% $ - $ - $ - $ - 0.0% Started Water lines done. Doing service lines and hydrants. 3 M 1.0 MG Elevated Water Storage Tower 4,196,600 2,590,000 6,623 2,583,377 0.3% - - - - 0.0% Started Selecting Tank Model & Site; FY11 = Constr. 4 M Piney Point Well 398,800 665,000 52,475 612,525 7.9% - - - - 0.0% Started DNREC reviewing permits; FY11 = Constr. 5 M South Governors Ave. Sewer Main 300,000 291,000 12,057 278,943 4.1% - - 301 (301) 0.0% Started Lines in. Doing punch list items. 6 M/SL US 13 East Sanitary Sewer Interceptor 2,376,800 3,409,641 1,274,804 2,134,837 37.4% - - 406,642 (406,642) 0.0% Started Working in DSU and Rustic Lan sections. 7 Totals - FY08 $ 7,472,200 $ 7,155,641 $ 1,348,622 $ 5,807,019 18.8% $ - $ - $ 406,943 $ (406,943) 0.0% 8 9 FY2009 10 M/SL Bayard Avenue 590,910 590,910 6,490 584,420 1.1% - - - - 0.0% Started Material ordered. 11 M/SL East side N. State Street 868,707 29,896 29,074 822 97.2% - - 71 (71) 0.0% Started Construction started. 12 M/SL Route 13 Water Main 1,058,700 68,097 128,757 (60,660) 189.1% - - 4,760 (4,760) 0.0% Started With DelDOT for approval. 13 R Water Quality Improvements FY09 $ 2,518,317 $ 688,903 $ 164,321 $ 524,582 23.9% $ - $ - $ 4,831 $ (4,831) 0.0% Started 14 15 M/SL DE State University Pumping Station Repl. $ 386,400 $ 386,400 $ 145,715 $ 240,685 37.7% - - - - 0.0% Completed Station in use. Some punchlist items. 16 M/SL Fox Hall/Retreat Force Main Rerouting 133,100 139,245 218,438 (79,193) 156.9% - - - - 0.0% Completed Done. Overage covered by US 13 Interceptor. 17 M/SL Acorn Lane Pump Station Replace. 386,400 386,400 285,817 100,583 74.0% - - 110,306 (110,306) 0.0% Completed Done. 18 Totals - FY09 $ 3,424,217 $ 1,600,948 $ 814,290 $ 786,658 50.9% $ - $ - $ 115,137 $ (115,137) 0.0% 19 20 FY2010 21 R Remote Control & Monitor Wells 55,000 55,000 23,104 31,896 42.0% - - - - 0.0% Completed Radio in, need to alter location of project. 22 M Del. State Univ. Force Main Rerouting 137,700 26,800 - 26,800 0.0% - - - - 0.0% Completed Design done, construct w RT 13 Intercept Pro. 23 M Fox Hall Pump Station 427,900 52,000 1,856 50,144 3.6% 375,900 375,900 - 375,900 0.0% Started Waiting on final drawings. 24 M Heatherfield Pumping Station Upgrade 220,400 40,000 1,284 38,716 3.2% 229,200 229,200 - 229,200 0.0% Started Waiting on final drawings. 25 I Tar Ditch Interceptor Upgrade 518,230 518,230 1,449 516,781 0.3% - - - - 0.0% Started In design. 26 Various Pump Motor Replacements 45,248 45,248 - 45,248 0.0% - - - - 0.0% Started Grant approved. Ordering will begin. 27 Totals - FY10 $ 1,404,478 $ 737,278 $ 27,693 $ 709,585 3.8% $ 605,100 $ 605,100 $ - $ 605,100 0.0% 28 29 FY2011 30 Misc. Distribution System Upgrade $ 60,000 $ 60,000 $ - $ 60,000 0.0% $ 60,000 $ 60,000 $ - $ 60,000 0.0% Started On-going as needed. 31 Wellhead Redevelopement Program 60,000 0.0% 60,000 60,000 - 60,000 0.0% Started Going out to bid. 32 Water Quality Improvements 500,000 500,000 - 500,000 0.0% 500,000 500,000 - 500,000 0.0% Not Started See above FY09. 33 M/SL Inflow/Infiltration Removal 500,000 500,000 - 500,000 0.0% 500,000 500,000 - 500,000 0.0% Started Contractor selected, January start. 34 R Scada Technology Equip Upgrade 82,100 82,100 - 82,100 0.0% 82,100 82,100 - 82,100 0.0% Started Equipment ordered. 35 Del State/Del Tech Force Main Rerouting 286,500 286,500 - 286,500 0.0% 286,500 286,500 - 286,500 0.0% Started Securing easements. 36 Lepore Road Pump Station Replacement 52,000 52,000 - 52,000 0.0% 52,000 52,000 - 52,000 0.0% Started Design with Braun. 37 R Misc. Sewer System Improvements 35,000 35,000 - 35,000 0.0% 35,000 35,000 - 35,000 0.0% Started Ongoing as needed. 38 $ 1,575,600 $ 1,515,600 $ - $ 1,515,600 0.0% $ 1,575,600 $ 1,575,600 $ - $ 1,575,600 0.0% 39 - 40 Grand Totals $ 10,896,417 $ 8,756,589 $ 2,162,912 $ 6,593,677 24.7% $ 2,180,700 $ 2,180,700 $ 522,080 $ 1,658,620 23.9% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. SL = State Loan Project - construction phase is financed I = Impact Fee Financed Project Page 4 of 5

City of Dover Electric Improvement & Extension Fund - Major CIP Projects August, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project % Current Revised Fiscal % Project Project To Date Budget Budget Fiscal Yr. Fiscal Yr. YTD Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments 1 FY 2006 2 M/B 69 KV feeders 3 and 4 $ 11,060,000 $ 8,693,782 $ 8,761,762 $ (67,980) 100.8% $ - $ - $ 4,242 0.0% Completed In service. Taking down old poles, 3 M/S Governor's Avenue Rebuild 1,268,450 2,068,260 521,655 1,546,605 25.22% - - 1,195 0.0% Started installing lights. 4 Totals - FY06 $ 12,328,450 $ 10,762,042 $ 9,283,417 $ 1,478,625 86.3% $ - $ - $ 5,436 0.0% 5 6 FY 2008 Unit 3 Turb Bearing Fire Protect 7 Deluge $ 50,000 $ 50,000 $ - $ 50,000 0.0% $ - $ - $ - 0.0% Started In design. 8 Totals - FY08 $ 50,000 $ 50,000 $ - $ 50,000 0.0% $ - $ - $ - 0.0% 9 10 FY2009 11 Danner Farm Transformer $ 45,000 $ 45,000 $ 36,923 $ 8,077 82.1% $ - $ - $ - 0.0% Completed Done. 12 Distribution Upgrades - Schoolview 100,000 175,000 174,335 665 99.6% - - - 0.0% Completed Done. 13 Totals - FY09 $ 145,000 $ 220,000 $ 211,258 $ 8,742 181.7% $ - $ - $ - 0.0% 14 15 FY2010 16 B Vansant CT Mark IV Control (Replmnt) $ 700,000 $ 610,000 $ 388,698 $ 221,302 63.7% $ - $ - $ 102,061 0.0% Completed In service. 17 B McKee Run Entrance Road 240,000 240,000 154,722 85,278 64.5% - - 154,244 0.0% Completed In service. 18 Work Mgmt. System Replacement 85,000 85,000 26,577 58,423 31.3% - - 9,859 0.0% Completed Done. 19 Photovoltaic Install @ McKee Run - - 32,533 (32,533) 0.0% - - 32,533 0.0% Completed In service. 20 M/B Mid City Substation 1,488,461 993,711 975,819 17,892 98.2% - - 1,087 0.0% Completed In service. 21 S LED Lighting Replacement 70,087 70,087 - 70,087 0.0% - - - 0.0% Started Material ordered. 22 B Crossgates 396,904 543,075 524,391 18,684 96.6% - - 1,440 0.0% Completed Done. 23 B Buchanan Acres 406,000 865,144 1,195,309 (330,165) 138.2% - - 116,844 0.0% Completed Done. 25 Totals - FY10 $ 3,386,452 $ 3,407,017 $ 3,298,049 $ 108,968 96.8% $ - $ - $ 418,067 0.0% 26 27 FY2011 28 Vehicles & Equipment $ 182,700 $ 182,700 $ - $ 182,700 0.0% $ 182,700 $ 182,700 $ - 0.0% Started Vechicles being ordered. 29 Substation PT & CT Replacement 256,218 256,218 20,242 235,976 7.9% 256,218 256,218 20,242 7.9% Started Material ordered. 30 Replace of 69 kV Breakers 100,000 100,000 - 100,000 0.0% 100,000 100,000 - 0.0% Started Material ordered. Lights done in Hidden Oaks, 31 Lighting Rehabilitation 100,000 100,000 32,011 67,989 32.0% 100,000 100,000 32,011 32.0% Started Deerfeild. Going to Council to 32 Walker Road OH Conversion 350,511 350,511 - 350,511 0.0% 350,511 350,511 - 0.0% Dropped reappropriate. 33 Misc Capital Equipment Replacement 40,000 40,000 14,491 25,509 36.2% 40,000 40,000 14,491 36.2% Started Ongoing as needed. 34 UG Transformers 120,536 120,536 22,903 97,633 19.0% 120,536 120,536 22,903 19.0% Started Ongoing as needed. 35 UG Conductors 529,464 529,464 50,006 479,458 9.4% 529,464 529,464 50,006 9.4% Started Ongoing as needed. 36 Meters 50,000 50,000 5,047 44,953 10.1% 50,000 50,000 5,047 10.1% Started Ongoing as needed. 37 Unit 3 Cooling Tower Fill 353,338 353,338 - 353,338 0.0% 353,338 353,338 - 0.0% Started Under construction. 38 Units 1 & 2 Cooling Tower 218,730 218,730 4,850 213,880 2.2% 218,730 218,730 4,850 2.2% Started Under construction Scoping. Work during spring 39 Unit 3 Tubine Inspection 348,000 348,000 - 348,000 0.0% 348,000 348,000 - 0.0% Started outage. Scoping. Work during spring 40 Unit 3 Aux System Components 113,000 113,000 - 113,000 0.0% 113,000 113,000 - 0.0% Started outage. 41 Misc Capital Equipment Replacement 71,000 71,000 3,146 67,854 4.4% 71,000 71,000 3,146 4.4% Started Ongoing as needed. Scoping. Work during spring 42 Unit 3 Stack Repairs 25,000 25,000 - 25,000 0.0% 25,000 25,000 - 0.0% Started outage. Scoping. Work during spring 43 Units 1 & 2 Life Extension 276,000 276,000 - 276,000 0.0% 276,000 276,000 - 0.0% Started outage. 44 Unit 1 Turbine Outage - - 273,286 (273,286) 0.0% - - 273,286 0.0% Completed 45 Unit 3 FD & ID FAN CNRL UP 45,000 45,000 - 45,000 0.0% 45,000 45,000 - 0.0% 46 Unit 3 DCS Com & Software 30,000 30,000 - 30,000 0.0% 30,000 30,000 - 0.0% 47 Distribution Upgrades 400,000 400,000 - 400,000 0.0% 400,000 400,000 - 0.0% Started Ongoing as needed. 48 3,609,497 3,609,497 425,982 3,183,515 11.8% 3,609,497 3,609,497 425,982 11.8% 49 50 Grand Totals $ 19,519,399 $ 18,048,556 $ 13,218,706 $ 4,829,850 73.2% $ 3,609,497 $ 3,609,497 $ 849,486 23.5% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. B = Bonded Project S = State fully or partially reimbursed project Page 5 of 5

RESOLUTION RATIFYING AND CONFIRMING SALE OF $8,810,000 ELECTRIC REVENUE REFUNDING BONDS OF THE CITY OF DOVER (SERIES 2010) AND RELATED MATTERS WHEREAS, The City of Dover (the “City”) is authorized pursuant to Chapter 111, Volume 52, Laws of Delaware, as amended, and the City Charter, Chapter 158, Volume 36, Laws of Delaware, as amended (the “Enabling Acts”) to issue revenue bonds for the purpose of financing and refinancing improvements to its electric system; WHEREAS, pursuant to the Enabling Acts, the City adopted a Resolution on December 23, 1985, as subsequently supplemented (the “Original Bond Resolution”) in order to issue various series of electric revenue bonds; WHEREAS, the Original Bond Resolution was amended and restated by a Resolution adopted on August 23, 2004 (the “Bond Resolution”) pursuant to which the City issued The City of Dover, Delaware $22,535,000 Electric Revenue Refunding Bonds (Taxable Series 2004) (the “2004 Bonds”); WHEREAS, the City has previously entered into a Debt Service Reserve Agreement (the “Reserve Agreement”) dated as of January 30, 1995 with Delaware Trust Company as trustee (now succeeded by the Trustee as defined herein) and TMG Financial Products, Inc (now succeeded by JPMorgan Chase Bank Inc.), relating to the investment of the debt service reserve funds for the City’s electric revenue bonds, including the 2004 Bonds; WHEREAS, the City desires to unwind and terminate the Reserve Agreement; WHEREAS, pursuant to the Bond Resolution and a Resolution adopted on August 23, 2010 (the “Authorizing Resolution” and together with the Bond Resolution, the “Resolutions”), City Council authorized the Mayor and Controller/Treasurer to cause the issuance of up to $12,000,000 of Electric Revenue Refunding Bonds (the “2010 Bonds”) to refund the 2004 Bonds; WHEREAS, the Mayor and Controller/Treasurer with the assistance of Public Financial Management, Inc., as the City’s financial advisor, solicited proposals from investment banking firms and other entities that underwrite municipal bonds to act as underwriter for the 2010 Bonds pursuant to a Notice of Sale dated November 17, 2010, a copy of which is attached hereto as Exhibit “A.” Copies of the bids received pursuant to the Notice of Sale are attached as Exhibit “B.” The bid submitted by J.P. Morgan Securities LLC (the “Underwriter”), offering to purchase the 2010 Bonds at a net purchase price of $9,412,619.30 (which bid price has been adjusted as per the Notice of Sale) has been selected as offering the proposal with the lowest true interest cost to the City. NOW THEREFORE, the Council hereby resolves as follows: 1. Defined Terms. All defined terms used herein, identified by initial capital letters and not otherwise defined herein, shall have the meanings assigned to them in the Bond Resolution. DMEAST #12847701 v3

2. Authorization of 2010 Bonds. The City Council hereby ratifies and affirms the actions taken by the Mayor to cause the issuance of $8,810,000 aggregate principal amount of 2010 Bonds to be designated “City of Dover Electric Revenue Refunding Bonds (Series 2010)” on the terms and subject to the conditions hereinafter set forth. 3. Purposes. The proceeds from the sale of the 2010 Bonds shall be used to provide funds for (a) the refunding of the 2004 Bonds and (b) the payment of the costs of issuance of the 2010 Bonds and other transaction costs related to the foregoing. 4. Pledge of Revenues; Parity Bonds. Pursuant to Section 512 of the Bond Resolution, the City has pledged, and does hereby ratify and confirm said pledge of, the Revenues of the Electric System to the payment of the principal of, premium, if any, and interest on, every Bond issued under the Bond Resolution, including the 2010 Bonds, as and to the extent provided in the Bond Resolution. The 2010 Bonds will be issued pursuant to Section 209 of the Bond Resolution and will be secured on a parity with the other Bonds issued under the Bond Resolution. 5. Payment and other Terms of Bonds; Form of Bonds. a. Maturities, Interest Rates. The 2010 Bonds shall be issued in denominations of $5,000 or integral multiples thereof, shall be dated the date of issuance, shall be stated to mature on July 1 in the years and in the principal amounts and shall bear interest from the date of issuance, payable on each Interest Payment Date commencing July 1, 2011, all as set forth on Schedule 1 appended hereto. b. Form of Bonds. The 2010 Bonds, the form for ordinary registration of, transfer and the form of certificate of authentication to appear thereon are to be substantially in the form set forth in Exhibit C hereto with necessary or appropriate variations, omissions and insertions as permitted or required by the Bond Resolution. 6. Redemption Provisions. The Series 2010 Bonds are not subject to optional or mandatory redemption prior to their stated maturities. 7. Book-Entry Form of Issue. The 2010 Bonds shall be issued in book entry form subject to the terms and conditions of the Blanket Letter of Representations to The Depository Trust Company (“DTC”) attached as Exhibit D hereto notwithstanding anything to the contrary in the Bond Resolution. DTC and its participants, and the beneficial owners of the 2010 Bonds by their acceptance of the 2010 Bonds, have agreed that neither the City nor the Trustee (as defined below) shall have any liability for the failure of DTC to perform its obligations as set forth in this Resolution or in the “Rules” or “Procedures” of DTC; nor shall the City or the Trustee be liable for the failure of any participant to perform any obligation the participants may incur to a beneficial owner of any 2010 Bond. 8. Trustee, Paying Agent and Registrar. The Bank of New York Mellon Trust, is appointed as the Trustee (the “Trustee”) and the City is appointed as Paying Agent and Registrar for the 2010 Bonds. 9. Creation of Funds and Accounts; Deposit of Bond Proceeds. The Trustee shall DMEAST #12847701 v3 2

establish the following funds and accounts with respect to the 2010 Bonds and shall deposit the proceeds of the 2010 Bonds into said funds and accounts as follows: a. Costs of Issuance; Expense Account. The Trustee shall establish an account within the Expense Fund to be called the “Expense Account - 2010 Bonds” and shall deposit therein, from the proceeds of the 2010 Bonds, the amount certified by the City as reasonably estimated to pay the costs of issuing the 2010 Bonds and other transaction costs relating thereto. Upon written request of the City identifying the payee and the purpose of the payment, the Trustee shall disburse funds from said account to pay for, or reimburse, costs of issuing the 2010 Bonds and transaction costs relating thereto. Upon written certification of the City that all costs of issuing the 2010 Bonds and related transaction costs have been paid, or duly provided for, any funds remaining in said Expense Account shall be transferred to the Revenue Fund. b. Debt Service Reserve; Reserve Account. The Trustee shall establish a sub-account within the Reserve Account, to be called the “Reserve Account - 2010 Bonds.” The funds in the Reserve Account shall be invested in accordance with the Resolutions at the direction of the Controller/Treasurer. 10. Preliminary Official Statement and Official Statement. The Council hereby ratifies the use of the Preliminary Official Statement dated October 26, 2010 and the final Official Statement, copies of which have been presented to this meeting, and their distribution to prospective purchasers. The Council hereby ratifies the actions taken by the Mayor and Controller/Treasurer in executing the Official Statement in the name of The City of Dover, supervising its distribution to the Underwriters, to municipal securities information repositories and to potential purchasers and in making changes from the Preliminary Official Statement to the date of delivery to make the information contained therein not contain any untrue statement of a material fact or omit to state a material fact necessary to make any statement therein, in light of the circumstances under which it was made, not misleading. 11. Reserve Agreement. The Council hereby authorizes the unwinding and termination of the Reserve Agreement according to any related provisions therein if found to be in the City’s best interest by the Controller/Treasurer after consultation with Public Financial Management, Inc. and PFM Asset Management, LLC, as the City’s financial and investment advisor. 12. No consents required for amendments. Any amendments to the Bond Resolution contained in this Ratifying Resolution are being made without the consent of any bondowners because, upon the issuance of the 2010 Bonds, the owners of the 2010 Bonds shall hold a majority of the Bonds outstanding under the Bond Resolution and shall have consented thereto. The notice of amendment to bondholders required by Section 1002 of the Bond Resolution is satisfied by the Official Statement sent to prospective holders of the 2010 Bonds since the 2010 Bonds will be the majority of Bonds Outstanding on the date of issuance. 13. Certain Representations and Covenants of the City. The City hereby represents and covenants with the holders of the 2010 Bonds that: DMEAST #12847701 v3 3

a. this Ratifying Resolution incorporates by reference all the terms of the Bond Resolution; b. the Bond Resolution, as amended by this Ratifying Resolution, is in full force and effect. Hereafter, the Bond Resolution shall comprise the Bond Resolution as amended by this Ratifying Resolution; and c. all conditions to be satisfied and all acts and things necessary to be done in order to make this Ratifying Resolution binding on the City have been satisfied or done, as the case may be. 14. Future Actions. The Mayor, Controller/Treasurer, Clerk of Council and other City officials are authorized and directed to take all actions necessary to issue the 2010 Bonds and carry out the terms and the purposes of this Resolution, including the making of any elections and the filing of any reports with the Internal Revenue Service, and the delivery of necessary closing documents and certificates. The Clerk of Council shall maintain an official transcript of the proceedings relating to the sale of the 2010 Bonds including copies of the Preliminary Official Statement and Official Statement. 15. Effective Date. This Resolution shall be effective immediately upon its adoption according to law. APPROVED by the Council of The City of Dover the 8th day of November, 2010 City Clerk The City of Dover APPROVED by the Mayor of The City of Dover the ___ day of __________, 2010. DMEAST #12847701 v3 4

ACTION FORM PROCEEDING: City Council AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Utilities – Electric Engineering DATE SUBMITTED: 10-25-10 PREPARED BY: Ronald H. Lunt, Public Utilities Director SUBJECT: Fiber Optic Splicing Contract REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager, Controller EXHIBITS: Price Sheet for Bid Submittal EXPENDITURE REQUIRED: As Needed AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): Possibly both Electric Engineering and T&D Division “Contractual Services” operation budgets such as 480-8200-562-30-31 (Electric T&D); 480-8300-563-30-31 (Electric Eng.); or Capital project funding as applicable. The past two (2) years of contact value were: FY 09 - $25,532 and in FY 10 - $9,633. TIMETABLE: Contract to be issued upon final approval. RECOMMENDED ACTION: Staff recommends awarding a three year Fiber Optic Splicing Contract to Goldhorn Electrical Construction, Inc., as per the pricing included in the bid submittal. BACKGROUND AND ANALYSIS The Public Utilities Department maintains blanket contracts with potential contractors to ensure that the bidding rules are adhered to for any contractors that might be hired to perform work for the Utility Department. These contracts are priced as a “time and material” contract and may exceed $25,000 annually. This bid is for fiber optic splicing which includes splicing, terminating, and supplying/installing related equipment. Staff does not have the equipment or training to perform this splicing and because of the limited amount of splicing required it is not feasible to purchase the equipment. It is also noteworthy that this contractor will perform fiber optic work for other city departments when required. Invitations to Bid were solicited from ten potential vendors and advertised according to City Policy by the City’s Contract and Procurement Manager under Bid #11-0023DPU; only one potential vendor submittal a response to the solicitation. Staff has reviewed this proposal and determined that the submitted pricing is fair and reasonable. On average the price increased by 1.15% over last year. The recommended contractor, Goldhorn Electrical Construction has performed this contract work for the Utility for the past three years and has been extremely responsive in responding to fiber optic outages and has performed routine work in a professional, competent, manner.

ACTION FORM PROCEEDING: Council AGENDA ITEM: DEPARTMENT OF ORIGIN: Public Services DATE SUBMITTED: 10/29/2010 PREPARED BY: Scott D. Koenig, P.E., Public Services Manager SUBJECT: Evaluation of Bids – Dover Public Library – Bid Pac A , Contract #2011-06, Bid #11-0023DPS REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager, Controller EXHIBITS: N/A AMOUNT OF FUNDING AVAILABLE: $140,000.00 FUNDING SOURCES (Dept./Page in CIP & Budget): Community Transportation Funds; if additional funds are needed to complete the project, all costs over $140,000 would be covered by Library Project funds. No funds will be needed from City of Dover FY-2011 Budget. TIMETABLE: Work to begin shortly after November 15, 2010. Completion within forty-five (45) calendar days. RECOMMENDED ACTION: Bid # 11-0023DPS. Award a lump sum contract to Reybold Construction Group, LLC of Bear, DE in the amount of $130,000.00 to construct the referenced improvements associated with the Dover Public Library – Bid Pac A. BACKGROUND AND ANALYSIS The Public Services Department solicited bids to furnish all labor, equipment and materials necessary to construct approximately 285 l.f. of access road and associated improvements to the new Dover Public Library to be located off of Loockerman Plaza and Innovation Way. The work includes all curbing, hot mix, retaining wall, signage and other site improvements necessary to construct the new access point. Bids were opened on Tuesday, October 26, 2010. Seven (7) contractors submitted bids for the proposed work to be performed. The bid amounts are as follows: Reybold Construction Group, LLC Bear, DE $130,000.00 George & Lynch, Inc. Dover, DE $173,154.00 Road Site Construction Lewes, DE $177,414.00 Conventional Builders, Inc. Houston, DE $182,269.00 Kent Construction Company, Inc. Smyrna, DE $185,520.00 Dixie Construction Company, Inc. Georgetown, DE $189,430.00 Harmony Construction, Inc. Wilmington, DE $195,228.00 Staff has discussed the qualifications of the low bid contractor, Reybold Construction Group, LLC with EDIS. EDIS has indicated they have worked with this firm in the past on jobs in the range of $300,000 - $500,000. Their recent project list includes three (3) public school projects. A bid bond and insurance certificate were submitted with the bid package. Area legislators have committed the following Community Transportation Funds to finance this project: Representative Scott ($20,000); Representative Carson ($15,000); Senator Bushweller ($15,000); Senator Bonini ($20,000); Representative Bennett ($30,000); Representative Blakely ($20,000) and Senator Ennis ($20,000). A total of $140,000 in funding has been committed.

ACTION FORM PROCEEDING: Council DEPARTMENT OF ORIGIN: City Council PREPARED BY: Traci A. McDowell, City Clerk, on behalf of Council President Hogan SUBJECT: Council and Committee Meetings - Holiday Schedule DATE SUBMITTED: 11-08-2010 RELATED PROJECT: N/A APPROVALS: N/A EXHIBITS: N/A EXPENDITURE REQUIRED: $ N/A AMOUNT BUDGETED: $ N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: N/A RECOMMENDED ACTION: Cancellation of December 27, 2010 Utility, and Legislative, Finance, and Administration Committee Meetings and City Council Meeting, as well as the December 29, 2010 Safety Advisory and Transportation Committee Meeting. BACKGROUND AND ANALYSIS As we have done in the past, due to the holiday season, it is recommended that the Utility, and Legislative, Finance, and Administration Committee Meetings and the City Council Meeting scheduled for December 27th be cancelled, as well as the Safety Advisory and Transportation Committee meeting scheduled for December 29th. Please keep in mind that if the need arises, Special Meetings will be called. S:\CAFS\Holiday Schedule - Council 11-08-2010.wpd