COUNCIL PACKET

REGULAR COUNCIL MEETING AGENDA November 22, 2010 - 7:30 P.M. - Council Chambers - City Hall - City of Dover OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.) INVOCATION BY CHAPLAIN WALLACE DIXON PLEDGE OF ALLEGIANCE LED BY COUNCIL PRESIDENT HOGAN 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 November 8, 2010 2. Presentations - 2010 Mayor's Prayer Breakfast Contributions A. Calvary Baptist Church - Youth Program B. Elizabeth W. Murphey School C. United Service Organizations (USO) of Delaware D. Dover Interfaith Mission 3. Public Hearing - Violation of Dangerous Building Ordinance - 35 N. New Street, Owner of Record - House of Pride 4. Public Hearing - Sale of Dover Public Library (45 S. State Street and Associated Parking Lot) * 5. Parks, Recreation, and Community Enhancement Committee Report - November 8, 2010 A. Review of Active Recreation Plan - Bayard Plaza (Corner of W. Loockerman Street and S. Governors Avenue) (Committee Recommended Acceptance of the Active Recreation Plan for Bayard Plaza as Presented, with the Inclusion of Staff's Comments and Recommendations) B. Proposed Ordinance No. 2010-28 - Amendments to Appendix B - Zoning, Article 3 - District Regulations, Section 14 - Limited Central Commercial Zone (C-2A) and Section 30 - Recreational and Open Space Zone (ROS) (See Item #11-A) (Committee Recommended Adoption of Proposed Ordinance #2010-28, as Amended) C. Proposed Amendment to the 2010 Community Development Block Grant (CDBG) Action Plan - Unanticipated Program Income (Committee Recommended Awarding the $25,087 in CDBG Program Income to Sub-Recipient Projects, as Recommended by Staff) D. Updates (Committee Action Not Required)

Council Agenda - November 22, 2010 Page 2 * 6. Legislative, Finance, and Administration Committee Report - November 8, 2010 A. Review and Recommendation - Filling Critical Positions - Permission to Recruit - Motor Equipment Operator II (Streets Division) - In-House, MEO I (Committee Recommended Approval of the Request to Recruit for a Motor Equipment Operator (MEO) II in the Streets Division (In-House Posting) and Motor Equipment Operator (MEO) I in the Streets Division, as Recommended by Staff) B. Proposed Ordinances b-1. Ordinance #2010-29 - Appendix B - Zoning, Article 3 - District Regulations, Section 8 - Mobile Home Park Zone (MHP) (See Item #11-B) (Committee Recommended Adoption of Proposed Ordinance #2010-29) b-2. Ordinance #2010-30 - Budget Amendments (Committee Recommended that Proposed Ordinance #2010-30 Be Deferred Until the Next Committee Meeting, With the Understanding that the City Manager Will Present a Plan to Address the Expenditures that Would Be Required to Meet the Reduced Revenue with the Proposed Ordinance Amendment) C. Review of City of Dover Identity Theft Prevention Policy (Committee Recommended Acceptance of the Report Provided by the Privacy Committee) D. Approval of Library Funding Plan Transfers and Use of Green Energy Rate Revenue (Committee Recommended Approval to Commit the Following Funds to the New Library Project: 1) Reynolds Trust Funds in the Amount of $46,355; 2) Reciprocal Borrowing Residual Funds in the Amount of $30,000; 3) Green Energy Rate Grant Funds in the Amount of $215,000; and 4) Use of Green Energy Funds: Debt Service for Green Energy Loan) * 7. Monthly CIP Report - September 2010 8. 2010 Annual Report for the Downtown Dover Partnership * 9. Election of Officers - Robbins Hose Company - Year 2011 Fire Line Officers Fire Chief - Jack Fortney (Unopposed) Deputy Fire Chief - Patrick West (Unopposed) First Assistant Fire Chief - David Carey Second Assistant Fire Chief - Michael O’Connor, Jr. (Unopposed) Third Assistant Fire Chief - Joseph Simmons Fourth Assistant Fire Chief - Carl Troubetaris, Sr. First Fire Line Captain - David Knight Second Fire Line Captain - Mark Hall 10. Evaluation of Bids A. Bidding and Construction Administration - Library B. Construction Manager at Risk Contract

Council Agenda - November 22, 2010 Page 3 11. First Reading - Proposed Zoning Text Amendments The First Reading is offered on the following proposed ordinances. Since they are amendments to the Zoning Code, they are recommended for referral to the Planning Commission on December 20, 2010, and that a Public Hearing be set for January 10, 2011 at 7:30 p.m. and that the Second Reading and Final Action by Council take place at that time. Copies of all proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. A. Ordinance No. 2010-28 - Amendments to Appendix B - Zoning, Article 3 - District Regulations, Section 14 - Limited Central Commercial Zone (C-2A) and Section 30 - Recreational and Open Space Zone (ROS) (Parks, Recreation, and Community Enhancement Committee) B. Ordinance #2010-29 - Appendix B - Zoning, Article 3 - District Regulations, Section 8 - Mobile Home Park Zone (MHP) (Legislative, Finance, and Administration Committee) 12. Council Members Announcements /tm S:\AGENDAS & MINUTES\Council-Agendas\2010\11-22-2010.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 November 8, 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. There was no one present wishing to speak during the Open Forum. The invocation was given by Retired Reverend Charles MacCallum, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Mr. McGlumphy moved for approval of the agenda as presented, seconded by Mr. Bonar and unanimously carried. Mrs. Russell requested that Item #7D - City Manager’s Report, be removed from the consent agenda. Mr. McGlumphy 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 25, 2010 The Minutes of the Regular Council Meeting of October 25, 2010 were unanimously approved by motion of Mr. McGlumphy, seconded by Mr. McGiffin and bore the written approval of Mayor Carey. PROCLAMATION - GEOGRAPHIC INFORMATION SYSTEMS (GIS) DAY AND GEOGRAPHY AWARENESS WEEK The City Clerk read the following Proclamation into the record: 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

CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 2 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 services. Mayor Carey presented the Proclamation to Mr. Mark Nowak, GIS Manager, and noted the tremendous benefits that the GIS has provided to all departments within the City of Dover. Mr. Nowak thanked the City for the recognition. He announced that the City will be participating in this year’s State GIS Day to be held at the Dover Air Force Base and that there will be activities held at City Hall. In addition, he stated that he, along with the Fire Marshal’s Office, will be teaming up with Dover Downs to provide an interactive racing experience to approximately 300 5th grade students. PUBLIC HEARING/FINAL READING - PROPOSED ORDINANCE #2010-25 WITH STAFF SUBSTITUTE #1 - ZONING TEXT AMENDMENTS A public hearing was duly advertised for this time and place to consider approval of proposed zoning text amendments to Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 11 - Environmental Protection and Section 16 - Tree Planting and Preservation, Subsection 16.2, Definitions; and Article 12 - Definitions (Ordinance #2010-25 with Staff Substitute #1). The proposed amendments would update the provisions of the Zoning Ordinance relating to environmental protections. Mrs. Williams moved that the Final Reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. Bonar and unanimously carried. (The First Reading of this ordinance was accomplished during the Council Meeting of September 27, 2010.) Mrs. Ann Marie Townshend, Director of Planning and Community Development, reviewed the proposed amendments and advised members that the Planning Commission recommended approval of Staff Substitute #1 to Ordinance #2010-25. Council President Hogan declared the public hearing open. There being no one present wishing to speak, Council President Hogan declared the hearing closed.

CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 3 Mr. Leary moved for adoption of Staff Substitute #1 to Ordinance #2010-25 (Exhibit #1) amending Appendix B - Zoning, Article 5 - Supplementary Regulations - Section 11 - Environmental Protection and Section 16 - Tree Planting and Preservation, Subsection 16.2 - Definitions; and Article 12 - Definitions. The motion was seconded by Mr. Bonar and carried by a unanimous roll call vote. UTILITY COMMITTEE REPORT - OCTOBER 25, 2010 The Utility Committee met on October 25, 2010 with Chairman Ruane presiding. 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

CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 4 outage. In addition, a root cause analysis performed on the Unit 1 forced outage identified numerous 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.

CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 5 The 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. By consent agenda, Mr. McGlumphy moved for approval of the rescheduling of the existing FY 2011 CIP’s and approval of the revised Power Plant and Electric Engineering CIP’s. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote. 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. The Committee recommended acceptance of the Utility Related CIP’s Report. By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote. 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.

CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 6 The Committee recommended acceptance of the PACE/NAES Monthly Report for August 2010. By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote. By consent agenda, Mr. McGlumphy 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 25, 2010 The Legislative, Finance, and Administration Committee met on October 25, 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. 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

CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 7 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. 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. The Committee recommended 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. By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote. 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

CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 8 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. 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. The Committee recommended 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. By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote. 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 (DDP) 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

CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 9 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. 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. The Committee recommended approval of staff’s recommendation for support and approval of the Downtown Dover Development (DDP) Assistance/Matching Funds Project. By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote. 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;”

CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 10 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. 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.

CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 11 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. 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. The Committee recommended acceptance of the Status of OPEB and Pension Funds, as presented by staff. By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote. By consent agenda, Mr. McGlumphy moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Leary and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 12 SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - OCTOBER 27, 2010 The Safety Advisory and Transportation Committee met on October 27, 2010 with Chairwoman Williams presiding. 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. The 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. By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote. 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 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

CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 13 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. 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.

CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 14 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 to Committee minutes) and requested an opportunity for him to provide the Committee with his experienced opinion, particularly regarding drug-related activity. 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.

CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 15 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 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.

CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 16 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. The 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. By consent agenda, Mr. McGlumphy moved for approval of the Committee’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote. Mrs. Williams commended Mayor Carey for the support he has provided in the submission of grant applications and his proactive approach in this regard. By consent agenda, Mr. McGlumphy moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Leary and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 17 MONTHLY REPORTS - SEPTEMBER 2010 By motion of Mr. McGlumphy, seconded by Mr. Leary, the following monthly reports were accepted by consent agenda: Budget Report Chief of Police Report City Assessor’s Report City Planner's Report Dover Fire Department Report Referring to the City Manager’s Report, Mrs. Russell relayed concern with minority hiring practices within the City of Dover. Noting that there has been a total of 14 employees hired since September 2009, she requested staff to provide details such as names, titles, positions, salary, and races for these 14 individuals. She reminded members of previous concerns and requested a full investigation of the City’s minority hiring practices. Mr. McGlumphy moved for acceptance of the City Manager’s Report for September 2010, seconded by Mrs. Williams and unanimously carried. MONTHLY CIP REPORT - AUGUST 2010 By motion of Mr. McGlumphy, seconded by Mr. Leary, the Monthly CIP Report for August 2010 was accepted by consent agenda. 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 Mrs. Donna Mitchell, Controller/Treasurer, explained that proposed Resolution No. 2010-15 allows for ratifying and confirming the sale of $8,810,000 of electric revenue refunding bonds of the City of Dover (Series 2010) and related matters. She advised members that the Resolution is required in order to close on the bonds. She provided members with an updated Resolution, which amended Item #8 by replacing “the City is appointed” with “either the Trustee or the City may serve” and adding “at the direction of the Controller/Treasurer” at the end of the paragraph. Responding to Mrs. Williams, Mrs. Mitchell indicated that, due to the refinancing, the City will be saving approximately $650,000 per year in debt service for the next 5½ years. At the request of Mrs. Williams, Mrs. Mitchell indicated that she would provide her with information regarding the interest rate. At the suggestion of Mr. Ruane, Mrs. Mitchell explained the bond rating process. She stated that the City approached the rating agencies to have the bonds rated and requested that Fitch increase the rating (noting that Moody’s provided a higher rating). Although Fitch did not increase the rating, it was felt that the City’s strong credit rating (Moody’s at AA and Fitch at A+) assisted in receiving the low interest rate. Mr. Ruane noted that this information was previously provided to members in a memorandum distributed by Mrs. Mitchell and, without objection, requested that the memorandum be made a part of the record (Exhibit #2).

CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 18 In response to Mr. McGlumphy, Mr. Ruane indicated his understanding that the rate payers will benefit from maintaining a quality rating from Moody’s and Fitch and from the reduction in debt service resulting from the refinancing. Mr. Ruane noted that, since the debt service is programmed into the cost of service, when the next cost of service is revised, the reduction will be reflected in the rates. This will also allow the City to proceed with some very necessary improvements to infrastructure, including the power plant, transmission system, etc. He explained that each time an improvement is made, it promotes greater efficiency and lowers costs, and these cost avoidances benefit rate payers. Concurring with Mr. McGlumphy, Mr. Ruane felt that it would be helpful for staff to provide an explanation of the benefits of the refinancing, in laymen’s terms, in a newsletter to the City’s customers. Responding to Mr. McGlumphy, Mrs. Williams felt that refinancing would not help the rate since the plant is rarely turning on. She stated that the City’s largest expenditure is in distribution (assuring that all wires, transformers, and equipment for distribution are adequate) rather than generation. Mr. Leary stated that the proposed action is a distinctly positive development and commended the Finance Department for their work. He assured members that the refinancing will directly or indirectly benefit the rate payers. Mr. Leary indicated that although the timing of taking such action is always an issue, he supported the savings that will be realized over the next five (5) years as a result of the refinancing. Mr. Ruane moved for the adoption of Resolution No. 2010-15 Ratifying and Confirming the Sale of $8,810,000 Electric Revenue Refunding Bonds of the City of Dover (Series 2010) and Related Matters (Exhibit #3). The motion was seconded by Mr. Leary and carried by a unanimous roll call vote. EVALUATION OF BIDS - FIBER OPTIC SPLICING CONTRACT Mr. Anthony DePrima, City Manager, reminded members that 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. Staff solicited bids for fiber optic splicing, which includes splicing, terminating, and supplying/installing related equipment. Mr. DePrima advised members that staff does not have the equipment or training to perform this function and, because of the limited amount of splicing required, it was not feasible to purchase the equipment. He stated that this contractor would also perform fiber optic work for other City departments when required. Mr. DePrima stated that only one (1) potential vendor submitted a response to the bid solicitation. He noted that staff reviewed the proposal and determined that it was fair and reasonable. Mr. DePrima explained that, on average, the price increased by 1.15% from last year.

CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 19 Staff recommended awarding a three (3) year Fiber Optic Splicing Contract to Goldhorn Electrical Construction, Inc., as per the pricing included in the bid submittal. The recommended contractor has performed this contract work for Public Utilities for the past three (3) years and has been extremely responsive to fiber optic outages and has performed routine work in a professional, competent manner. Mr. Ruane moved to award a three (3) year Fiber Optic Splicing Contract to Goldhorn Electrical Construction, Inc., seconded by Mr. McGiffin and carried by a unanimous roll call vote. EVALUATION OF BIDS - DOVER PUBLIC LIBRARY - BID PACK A Mr. Anthony DePrima, City Manager, advised members that 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 Loockerman Plaza and Innovation Way, which has been referred to as Bid Pack A. The work includes all curbing, hot mix, signage, a retaining wall, and other site improvements necessary to construct the new access point. He reminded members that a presentation was provided to the Legislative, Finance, and Administration and Parks, Recreation, and Community Enhancement Committees during their respective meetings of October 11, 2010, which provided details of this phase of the project. In reviewing the seven (7) bids submitted, Mr. DePrima advised members of his prior concern regarding the disparity of the low bid to the other bids received. As a result, he requested Mr. Jerry Dougherty, Project Manager, EDiS, to review the situation. Mr. DePrima stated that staff has been assured that this type of disparity is not uncommon in today’s market. At the request of Mr. DePrima and there being no objections, Mr. Dougherty explained that, in the current economy, it is not unusual for contractors to submit very competitive bids and find novel ways to become the low bidder on a project. In addition, he advised members that contractors review projects differently. He stated that a wide range of bids are often received, and it is not unusual for one contractor to price a bid more competitively. Mr. Dougherty assured members he felt the bid amounts were adequate to complete the work requested. Mr. DePrima advised members that a bid bond and insurance certificate were submitted with the bid package. In addition, he stated that EDiS has indicated that they have worked with Reybold Construction Group, LLC previously and found them to be reputable. Confirming, Mr. Dougherty stated that EDiS is currently under contract with Reybold Construction Group, LLC for three (3) public school projects and that they are now the low bidder for another contract for the Middletown School District. Mr. DePrima recognized those area legislators who have committed Community Transportation Funds, totaling $140,000, to finance this project, as follows: Representative Scott ($20,000); Representative Carson ($15,000); Senator Bushweller ($15,000); Senator Bonini ($20,000); Representative Bennett ($30,000); Representative Blakey ($20,000); and Senator Ennis ($20,000). In addition, he noted that one (1) of the legislators has pledged funds for next fiscal year; therefore, an additional $15,000 is expected.

CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 20 Staff recommended awarding a lump sum contract to the low bidder, Reybold Construction Group, LLC, of Bear, Delaware, in the amount of $130,000 to construct the referenced improvements associated with the Dover Public Library – Bid Pack A. Mr. McGiffin for approval of staff’s recommendation, seconded by Mr. Bonar and carried by a unanimous roll call vote. APPOINTMENT RECOMMENDED BY MAYOR CARLETON E. CAREY, SR. - ELECTION BOARD - SECOND DISTRICT - CHERRITTA MATTHEWS (TO FILL THE UNEXPIRED TERM OF GERALD P. FOSS - TERM TO EXPIRE MAY 2012) Mayor Carey recommended the appointment of Dr. Cherritta Matthews to serve on the Election Board - Second District, for a term to expire May 2012 (to fill the unexpired term of Gerald P. Foss). By consent agenda, Mr. McGlumphy moved for approval of the appointment of Dr. Cherritta Matthews to the Election Board - Second District, as recommended by Mayor Carey. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote. COUNCIL AND COMMITTEE MEETINGS - HOLIDAY SCHEDULE Due to the holiday season, Council President Hogan recommended that the December 27th meetings of the Utility and Legislative, Finance, and Administration Committees and City Council be cancelled, as well as the Safety Advisory and Transportation Committee meeting scheduled for December 29th, with the understanding that if the need arises, special meetings will be called. Mr. Leary moved to accept the holiday schedule with the cancellation of the meetings on the December 27, 2010 and December 29, 2010, seconded by Mr. Salters and unanimously carried. COUNCIL MEMBERS ANNOUNCEMENTS Council President Hogan wished Mr. Ruane a happy birthday, noting that Wednesday, November 10th is his birthday. He also announced that the Christmas Tree Lighting Ceremony will be held outside in front of Council Chambers on November 29, 2010 at 6:00 p.m. and invited the public to attend. Mr. McGiffin reminded members to mark their calendars for June 25, 2011 for the next African American Festival. In addition, he reminded candidates that City Ordinances require election signs to be removed seven (7) days following an election. Mr. Salters announced that the City’s United Way Campaign is underway and noted that 11630 is the number assigned for the Inner City Cultural League. Mr. Bonar moved for adjournment, seconded by Mr. Leary and unanimously carried.

CITY COUNCIL MEETING OF NOVEMBER 8, 2010 PAGE 21 Meeting Adjourned at 8:14 P.M. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of November 8, 2010, are hereby approved. CARLETON E. CAREY, SR. MAYOR /TM/jg S:\AGENDAS & MINUTES\Council-Minutes\2010\11-08-2010 Council.wpd Exhibits Attached to Original Minutes and File Copy Exhibit #1 - Staff Substitute #1 to Ordinance #2010-25 Exhibit #2 - Memorandum dated October 8, 2010 - Fitch & Moody’s Rating Agencies - Electric Bond Refinancing and Attachment Exhibit #3 - Resolution No. 2010-15 Ratifying and Confirming the Sale of $8,810,000 Electric Revenue Refunding Bonds of the City of Dover (Series 2010) and Related Matters

ACTION FORM PROCEEDING: Council AGENDA ITEM DEPARTMENT OF ORIGIN: Public Services DATE SUBMITTED: November 10, 2010 PREPARED BY: Scott D. Koenig, P.E., Public Services Manager; Ann Marie Townshend, AICP, Director of Planning and Community Development SUBJECT: 35 North New Street, Dover, DE 19904 – Violation of Dangerous Building Ordinance. REFERENCE: Chapter 22 – Buildings and Building Regulations, Article XI – Dangerous Buildings Case #03-47 RELATED PROJECT: N/A APPROVALS: City Manager, Finance Director EXHIBITS: PowerPoint Presentation and File Photos to be presented at the Council meeting. EXPENDITURE REQUIRED: Preliminary estimate is $35,000 - 40,000. AMOUNT BUDGETED: $50,000 (All demolitions City-wide). FUNDING SOURCE (Dept./Page in CIP & Budget): 110-1600-534.30-33, page 366 of the 2011 Annual Operating Budget. TIMETABLE: As soon as possible. RECOMMENDED ACTION: 1. Declare this accessory building dangerous. 2. Order the property repaired or demolished by December 22, 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. 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. BACKGROUND AND ANALYSIS The property located at 35 North New Street was the subject of a fire in 2002. Following the fire, no repairs have been made. In January 2003, the building was condemned. In 2007, the building was registered as a vacant building, and it has continued to be vacant. In January 2008, the City issued a demolition permit, but the owner never demolished the building. In September 2010, the Code Enforcement Division performed an interior inspection of the structure and determined that several windows were not secure, and were open to the elements. These windows were subsequently boarded by the property owner. On October 27, 2010, the Fire Marshal’s Office and Code Enforcement Division performed an inspection of the building and identified a number of structural concerns with the interior walls, flooring and the foundation. Damage still exists from the fire in 2002. Additionally, the Fire Marshal’s Office determined that the building was being used for storage, in excess of what would be permitted under the fire code for a residential use. The property has been the subject of numerous code violations relating to junk and debris and tall grass and weeds. The current owner of record is House of Pride.

ACTION FORM PROCEEDING: City Council DEPARTMENT OF ORIGIN: City Manager DATE SUBMITTED: PREPARED BY: Anthony J. DePrima, City Manager SUBJECT: Public Hearing – Sale of Dover Public Library (45 S. State Street and Associated Parking Lot) REFERENCE: Procedure for sale and disposition of real property. RELATED PROJECT: New Library Construction REVIEWED BY: EXHIBITS: Exhibit A – Plot Plan EXPENDITURE REQUIRED: N/A AMOUNT BUDGETED: N/A FUNDING SOURCE (Dept./Page in CIP & Budget): N/A TIMETABLE: RECOMMENDED ACTION: Following the Public Hearing: 1) Find that it is in best interest of the City to dispose of the property through sale or long term lease; 2) Request that the City Manager and City Planner obtain the necessary zoning and planning approvals for the rezoning, minor subdivision, alley abandonment and possible variances to prepare the property for sale or lease 3) Request that the City Manager return to City Council with a recommendation as to: whether an appraisal is needed, the method of sale, and the degree and scope of advertising. BACKGROUND AND ANALYSIS Funds from the sale of the old Dover library and the associated parking area were anticipated for use in the construction of the new Dover library. At the November 8, 2010 Legislative, Finance and Administration Committee it was reported that no city departments have a need for the property. Also, the current zoning of RGO (Residential and General Office) was not appropriate and changing the zoning would enhance the value of the lot. In addition to prepare this site for sale, it will be necessary to prepare a minor subdivision\lot line adjustment to place the library and parking lot on one parcel and annex the Carriage House to the 5 East Reed Street Property. Variances may be needed. Also, there is a paper alley running through the property that needs to be abandoned. The City of Dover Procedure for Sale and Disposition of Real Property is a three step process. Step 1 was completed when the Legislative, Finance, and Administration Committee recommend disposal of the property and advertising the Council’s intent to sell the property in accordance with the property. Step 2 has been started by advertising the pertinent information in a local paper once a week for two weeks which was done in the Dover Post on Wednesday, November 10, 2010 and Wednesday, November 17, 2010. The Committee Action Form is intended to complete Step 3 by holding a public hearing for the purpose of taking public comment on the sale. After considering public comments and the public record, City Council will determine whether it is in the best interest of the city to sell the property, to have it rezoned, and to request an opinion from the City Manager to recommend the method of sale and level of advertising.

Library Funding Plan Likely Funding Sources Budget Committed Highly Probable State Grant $10,164,300 $8,084,357 $10,584,357 City Reserve Contribution $3,592,457 $3,592,457 $3,622,457 City Reserve Interest $460,063 $ 424,858 $460,134 Library Foundation (Bid A & B) $2,617,866 $ 903,531 $1,017,866 Sale of 45 S. State St. $1,200,000 0 Use Bridge Loan Green Energy Grants $215,000 0 $215,000 Friends of the Library $200,000 0 $200,000 Reynolds Trust $46,355 0 $ 46,355 Community Transportation $150,000 $ 85,000 $ 150,000 BTOP Grant $50,000 $ 50,000 $ 50,000 Financing Needs: Green Energy Bonds $1,500,000 0 $1,500,000 Bridge Loan: Sale of Bldg 0 0 $1 200 ,200,000 Construction Loan 0 0 $1,600,000 Total Funding Sources $20,646,169 $13,140,203 $20,646,169 1

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT The Parks, Recreation, and Community Enhancement Committee meeting was held on November 8, 2010, at 12:03 p.m. with Chairwoman Russell presiding. Members present were Mr. McGlumphy, Mr. Ruane, Mrs. Horsey, and Mr. Lewis (departed at 1:17 p.m.). AGENDA ADDITIONS/DELETIONS Mr. McGlumphy moved for approval of the agenda, seconded by Mr. Lewis and unanimously carried. Review of Active Recreation Plan - Bayard Plaza (Corner of W. Loockerman Street and S. Governors Avenue) Ms. Janelle Cornwell, Planner II, reviewed the detailed information provided to members regarding the Recreation Plan for Bayard Plaza. She noted that Bayard Plaza is being reviewed as a Site Development Plan and that the subject property consists of a parcel of land totaling 0.635+/- acres. The Site Plan is to permit the construction of a 54,998 S.F. mixed use building with 48 residential units on floors 2 through 5 and retail space on the first floor. The residential units consist of apartments. Ms. Cornwell stated that, as part of the Site Plan review process for this project, the applicant has prepared a Conceptual Recreation Plan, which illustrates how the Bayard Plaza development will provide recreation amenities in accordance with the design specifications described in Article 5, Section 10 of the Zoning Ordinance. The Plan indicates that 1,593 S.F. of land would be reserved as active recreation area in central locations on the site. She stated that the proposed amenities include a 751 S.F. multipurpose community room on the first floor of the building and a 842 S.F. picnic area with picnic tables and a grill behind the building. She reviewed information from the submitted plan (dated October 1, 2010) for the active recreation area to be constructed, as follows: Required Provided on Plan Active Recreation Area 75 S.F. per dwelling unit Multipurpose community room, (Article 5 §10.515) 48 DU = 3,600 S.F. picnic area with 2 picnic tables Requires 3,600 S.F. and grill = total of 1,593 S.F. Active Recreation Amenities Accessible Located on first floor of the (Article 5 §10.15) development. Active Recreation Amenities Age Oriented to development Multipurpose room, picnic area (Article 5 §10.15) with grills and picnic tables. Parking Onsite parking provided for most dwelling units. A parking lot with 46 spaces is located on the site.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF NOVEMBER 8, 2010 PAGE 2 Setbacks: 30 feet from residential The picnic area is located within lots and 25 feet from right-of- 30 feet of the property line; way for street however, it is not considered a structure and is permitted to be located within 30 ft. of the property line. Landscaping The Landscape Plan provides one tree in this area. It is located on the south side of the dumpster enclosure. Ms. Cornwell noted that the applicant applied to the Board of Adjustment for a variance reducing the required amount of active recreation area on the site from 3,600 S.F. to 1,593 S.F. She advised members that during their meeting of November 3, 2010, the Board of Adjustment granted this variance and approved the proposed amenities. Staff submitted the following comments and recommendations regarding the Active Recreation Area to be constructed: 1. The proposed plan does not meet the area requirements for the Active Recreation Area. The plan is required to provide 3,600 S.F. of Active Recreation Area and it is proposing 1,593 S.F. of Active Recreation Area. 2. Staff recommends approval of the multipurpose community room and the picnic area with two (2) picnic tables and a grill. 3. Ensure that one (1) of the picnic tables is handicapped accessible. 4. Revise the following on the Active Recreation Area Plan Sheet: Revise the calculation for the Active Recreation Area required. It should state 75 S.F. per dwelling unit with a minimum of 2,500 S.F. provided on site. 5. In the event that major changes and revisions to the Site Plan occur in the finalization of the Site Plan, contact the Planning Office. Examples include reorientation of building, relocation of site components like stormwater management areas, and increases in floor area. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to the plan. 6. The applicant was reminded of the requirements for construction phasing of the recreation area as associated with the development of the residential units.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF NOVEMBER 8, 2010 PAGE 3 Article 5, §10.6 Construction phasing. The recreation and open space areas shall be completed in a proportion equal to or greater than the proportion of residential dwelling units completed, except that 100 percent of the recreation and open space areas shall be completed prior to issuing building permits for the final 20 percent of the dwelling units proposed. Building permits shall not be issued for dwelling units unless the requirements of this section are met. 7. There shall be provisions which ensure that the common open space land and community room (including Active Recreation Area) shall continue as such and be properly managed and maintained. The developer shall either retain ownership and responsibility for maintenance of such open land; or provide for and establish one (1) or more organizations for the maintenance of all common open space. a. Add a note on the Site Plan regarding who is responsible for maintenance and insurance on the common open space. In response to Mr. Ruane, Mrs. Ann Marie Townshend, Director of Planning and Community Development, indicated that the applicant submitted an application to the Board of Adjustment. She explained that if a development project requires a variance to proceed, the requested variance must go before the Board of Adjustment prior to consideration by the Planning Commission, since the Planning Commission is not authorized to approve a request that does not meet City Code. She noted that staff determined that the Code should be revised in this area and she plans to prepare such a revision. Mrs. Townshend provided a legal opinion submitted by City Solicitor Rodriguez (Attachment #1), which indicated that the applicant proved that there were exceptional practical difficulties and has met the legal criteria for a variance. Mr. Ruane clarified that his concerns related to procedures within the Planning Department. Responding, Mrs. Townshend advised members that staff does not refer matters to the Board of Adjustment, explaining that applicants submit applications to the Board. All applications received by the Planning Department are presented to the Board of Adjustment. She also explained that, procedurally, variances must be considered by the Board of Adjustment prior to review by any other body (Planning Commission, Development Advisory Committee, etc.). Responding to Mrs. Russell, Mrs. Townshend confirmed that members must now consider the proposed Active Recreation Plan within the square footage that has been granted by the Board of Adjustment. Mr. Zachery Carter, Director of Parks and Recreation, advised members that, as an alternative, he had suggested that the Board of Adjustment members consider the option of cash in lieu of parkland rather than requiring the specified land area. Since the formula for the cash in lieu would have resulted in an excessive amount and prevented the project from moving forward, he had proposed that consideration be given to taking the value of the land to determine the cash in lieu

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF NOVEMBER 8, 2010 PAGE 4 amount (similar to the action taken for Dove View), which would have equated to approximately $15,000. However, Mr. Carter stated that the City Solicitor indicated that the Board of Adjustment did not have such authority, explaining that the Board of Adjustment could only grant or deny the variance. Mrs. Townshend further explained that the Parks, Recreation, and Community Enhancement Committee cannot go against the action of the Board of Adjustment. She advised members that the legal role of the Board of Adjustment is to adjust the Code by changing Code requirements as they relate to a project and that no other body can impose a requirement that has been waived by the Board. Responding to Mr. Lewis, Mrs. Townshend stated that, in accordance with the Dover Code, the required minimum on-site Active Recreation Area is 2,500 S.F. The calculation for Bayard Plaza would be 3,600 S.F.; however, the code requirement was superceded by the action of the Board of Adjustment approving a variance requiring only 1,593 S.F. of on-site Active Recreation Area. Mr. McGlumphy indicated his desire to support projects that will provide improvements to the downtown area and felt that the City should not be a blockade to such projects. Mr. Matt Spong, Landscape Architectural Services, and Mr. Doug Liberman, Larson Engineering, reviewed the details regarding the proposed Active Recreation Plan for the Bayard Plaza. Mr. Ruane noted that the size proposed for the multipurpose community room is 751 S.F. and that there are 48 units proposed. He questioned if there is a standard for determining the resident ratio to space to assist in determining if the room is adequate for the number of residents. Responding, Mrs. Townshend stated that there is no standard in this regard. Mr. Lieberman advised members that the 751 S.F. is the area prescribed by the Delaware State Housing Authority based on the number of units. Mr. Ruane relayed his support for the project and explained that his concerns are related to procedural issues. Noting that staff intends to prepare zoning text amendments, he suggested that staff provide standards for the size of a community room that would serve as a multipurpose room. In response to Mr. Ruane, Mrs. Townshend assured members that staff will work on proposed amendments as soon as possible to address the concerns relayed. Mr. McGlumphy moved to recommend acceptance of the Active Recreation Plan for Bayard Plaza as presented, with the inclusion of staff’s comments and recommendations. The motion was seconded by Mrs. Horsey and unanimously carried.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF NOVEMBER 8, 2010 PAGE 5 Proposed Ordinance No. 2010-28 - Amendments to Appendix B - Zoning, Article 3 - District Regulations, Section 14 - Limited Central Commercial Zone (C-2A) and Section 30 - Recreational and Open Space Zone (ROS) Mrs. Ann Marie Townshend, Director of Planning and Community Development, reminded members that staff regularly reviews the Zoning Ordinance for areas that need to be revised or rewritten. She stated that two (2) areas within the District Regulations are recommended for amendment, as follows: 1. Amend C-2A (Limited Central Commercial Zone) to allow parking lots and structures as principal uses on suitably landscaped lots, through the Conditional Use process. This change would add the Conditional Use which is already listed in the C-2 (Central Commercial Zone). By making this a Conditional Use, the Planning Commission would be given discretion to ensure that parking lots and structures are constructed in a way that complements the surrounding area. 2. Amend ROS (Recreational and Open Space Zone) to add cemeteries as a permitted use and to exempt interment (burial) structures, such as mausoleums, from the 30-foot setback from property lines. When staff drafted the text for the ROS zone, cemeteries were not specifically addressed; however, in mapping the zone, cemeteries were rezoned to ROS. Following discussion with the administration at Holy Cross Cemetery, staff determined that the absence of cemeteries as a permitted use in the ROS zone was an oversight and should be corrected. Staff recommended that the proposed ordinance be forwarded to City Council for First Reading on November 22, 2010, referred to the Planning Commission for consideration on December 20, 2010, and that a Final Reading and public hearing be set before City Council on January 10, 2011. In response to several members’ concerns regarding the close proximity of mausoleums to residential private property, Mrs. Townshend suggested that if the Committee desired that the setback apply only when adjacent to residential areas, the proposed ordinance could be amended by adding the following to Line 23: “unless they are adjacent to residential properties.” She noted that the addition of this language would not have prohibited the mausoleum currently located at Holy Cross since the cemetery is not adjacent to residential properties. Mrs. Townshend explained that adjacent properties include only those that actually abut and that properties across the street would not be considered “adjacent.” Responding to Mr. McGlumphy, Mrs. Townshend anticipated that those residential neighborhoods located on South State Street to Route 13 would remain as such, which was very clear in the 2008 Comprehensive Plan. She assured members that the proposed amendment would not impact this region as it is not zoned C-2 or C-2A; therefore, a stand-alone parking lot would not be permitted. Mrs. Townshend advised members that non-residential parking cannot be provided on a residential property. She explained that the situation involving Dr. David Jawahar’s office, which is located across the street from the hospital, is due to the property being zoned RGO (General

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF NOVEMBER 8, 2010 PAGE 6 Residential and Office), which allows both residential and office use; therefore, the requested parking was permitted. However, Mrs. Townshend assured members that the parking cannot be expanded. In addition, she reminded members that the RGO is a closed zone and that the Dover Code does not allow more parking than 125% of the minimum. Referring to the proposed amendment to Line 23 suggested by staff, Mr. Ruane questioned the possibility of including a number of feet (distance), rather than the use of “adjacent,” to address those concerns regarding the possibility of an intrusion into a neighborhood. Responding, Mrs. Townshend suggested that the proposed ordinance could be amended by adding the following to Line 23: “unless adjacent to residential uses. For the purposes of this section, adjacent shall include properties separated by a street.” Mrs. Horsey questioned if the addition of greater footage would provide better protection. Responding, Mrs. Townshend suggested that the setback could be set at 50 feet, rather than 30 feet (as noted in Line 22 of the proposed ordinance). To include a right-of-way (across the street), she suggested that the setback be set at 60 feet. Should members wish to prohibit structures from the perimeter of a cemetery, she suggested the elimination of the following additional proposed text in blue font (Lines 22 and 23): “In cemeteries, structures associated with interment shall be exempt from this requirement.” Mr. Ruane moved to recommend adoption of Proposed Ordinance #2010-28, as amended to include Lines #1-14 only, amending Article 3 - District Regulations, Section 14 - Limited Central Commercial Zone (C-2A), Subsection 14.4 - Conditional Uses, of Appendix B of the Zoning Code and that the proposed ordinance (Attachment #2) be forwarded to City Council for First Reading on November 22, 2010; referred to the Planning Commission for consideration on December 20, 2010; and that a Final Reading and public hearing be set before City Council on January 10, 2011. The motion was seconded by Mrs. Horsey and unanimously carried. Proposed Amendment to the 2010 Community Development Block Grant (CDBG) Action Plan - Unanticipated Program Income Mrs. Tracey Harvey, Community Development Director, advised members that the Community Development Office has received an additional $25,087 in program income that is uncommitted. Staff requested that these additional funds be allocated to the three (3) 2010 sub-recipient grant projects. The breakdown of the uncommitted funds is as follows: Uncommitted program income from 2010 grant allocation $12,234 Housing Rehabilitation loan payoff $ 6,953 1994 Integrated Disbursement and Information System (IDIS) uncommitted funds $ 5,900 TOTAL $25,087 Since the grant requests from the 2010 sub-recipients were funded below the requested levels, Mrs. Harvey explained that the additional funding may be added to the existing projects to fund them

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF NOVEMBER 8, 2010 PAGE 7 at the requested level. She noted that funding all three (3) sub-recipients at the initial requested level would total $19,000, leaving a balance of $6,087, which staff recommended be added to the Housing Rehabilitation Program. Staff recommended awarding the $25,087 in additional CDBG program income to sub-recipient projects. Responding to Mr. Ruane, Mrs. Harvey confirmed that the recommended action would increase funding for the projects, as follows: Project 4 - Habitat for Humanity from $32,000 to $40,000 Project 5 - Connections Community Support Program from $12,000 to $15,000 Project 6 - RC&D from $32,000 to $40,000 In response to concerns of Mr. Ruane, Mrs. Harvey confirmed that the program administration costs would increase. She noted that program administration is funded at $58,000 and would increase to $65,000, which equates to 1.5% of the grant applications. Mr. Lewis felt that members should consider issuing the additional funds to other applicants that did not receive grant funding, noting that those recommended for receipt of the additional funds have already received some funding. Responding, Mrs. Russell questioned how members would determine which of those applicants qualified. Mrs. Harvey reminded members that the applications were scored and that, to her recollection, the remaining applicants did not score well. Mr. Ruane suggested the possibility of providing some of the additional funds to the Police Department. Responding, Mrs. Townshend stated that the Dover Police Department did not apply; therefore, they could not even be considered. In addition, she stated that public service funds are capped at 15% for all CDBG projects. Mr. Ruane questioned if any of the additional funds could be assigned to Project 7 - Community Revitalization Infrastructure, which involved the reconstruction of streets and curbs. Responding, Mrs. Townshend stated that, although the total amount requested was not provided to the Community Revitalization Infrastructure Project, the work associated with this grant has been completed or is almost complete; therefore, additional funds would not provide for additional work being completed. Mrs. Horsey moved to recommend awarding the $25,087 in CDBG program income to sub-recipient projects, as recommended by staff. The motion was seconded by Mr. McGlumphy and unanimously carried.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF NOVEMBER 8, 2010 PAGE 8 UPDATES The following updates were provided to members: Puncheon Run Watershed Action Team Update There was no update provided for the Puncheon Run Watershed Action Team. Planning and Funding for New Library Mr. Zachery Carter, Director of Parks and Recreation, reviewed the update for the Planning and Funding for the New Library provided to members. In response to Mrs. Russell, Mr. Carter stated that the proposed opening date for the new library is September 2012, explaining that construction will take 18 months. Responding to Mr. McGlumphy, Mr. Carter assured members that he would provide them with an update on committed funds for the library project. Mr. Ruane moved to recommend acceptance of the Update for the Planning and Funding for the New Library, seconded by Mr. Lewis and unanimously carried. CDBG Program Mrs. Tracey Harvey, Director of Community Development, reviewed the Status of FY 2009-2010 CDBG Projects Report, which was provided to members. Mr. McGlumphy moved to recommend acceptance of the Update for the CDBG Program, seconded by Mrs. Horsey and unanimously carried (Mr. Lewis absent). Housing and Recovery Act of 2008 Funds (Neighborhood Stabilization Fund) Mrs. Tracey Harvey, Director of Community Development, reviewed the Update for the Housing and Recovery Act of 2008 Funds (Neighborhood Stabilization Fund) which was provided to members. In response to Mr. McGlumphy, Mrs. Townshend stated that the City does not take ownership of any properties, explaining that properties are owned by the Diamond State Community Land Trust or the Dover Housing Authority. She stated that the City does not have the staff or expertise to buy and sell properties. Mr. McGlumphy moved to recommend acceptance of the Update for the Housing and Recovery Act of 2008 Fund (Neighborhood Stabilization Fund), seconded by Mrs. Horsey and unanimously carried. Youth Advisory Committee Mrs. Russell advised members that local schools will be contacted to solicit applications from students who may be interested in serving on the Youth Advisory Committee.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF NOVEMBER 8, 2010 PAGE 9 Mr. McGlumphy moved to recommend acceptance of the Update for the Youth Advisory Committee, seconded by Mrs. Horsey and unanimously carried. Mr. McGlumphy moved for adjournment, seconded by Mrs. Horsey and unanimously carried. Meeting Adjourned at 1:20 P.M. Respectfully submitted, Sophia R. Russell Chairwoman SRR/dd/jg/js/ac/tm S:\AGENDAS & MINUTES\Committee-Minutes\2010\11-08-2010 PR&CE.wpd Attachments Attachment #1 - Legal Opinion from City Solicitor Rodriguez dated November 8, 2010 - Board of Adjustment Action on Active Recreation Plan Attachment #2 - Proposed Ordinance #2010-28

ATTACHMENT #1 PR&CE Committee Meeting of 11/08/2010

ATTACHMENT #2 PR&CE Committee Meeting of 11/08/2010 CITY OF DOVER ORDINANCE #2010-28 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 3 – District Regulations, Section 14 – Limited Central 5 Commercial Zone (C-2A), Subsection 14.4 – Conditional Uses, be amended by inserting a new 6 paragraph (b) as follows: 7 8 (b) Parking lots and parking structures as a principal use on suitably landscaped lots. 9 10 BE IT FURTHER ORDAINED: 11 12 That Appendix B – Zoning, Article 3 – District Regulations, Section 30 – Recreational and Open 13 Space Zone (ROS), Section 30.2 – Permitted Uses, be amended by inserting a new subsection 14 30.29 Cemeteries. 15 16 ADOPTED: * 17 18 19 SYNOPSIS 20 The proposed ordinance would clarify existing uses in two zones 21 by adding parking lots as a principal use allowed through 22 conditional use approval within the C-2A (Limited Central 23 Commercial) zoning district; and by adding cemeteries as a 24 permitted use within the ROS (Recreational and Open Space) zone. 25 26 27 Actions History: 28 November 22, 2010 - Proposed First Reading - Council 29 November 8, 2010 - Considered by the Parks, Recreation, and Community Enhancement Committee

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee meeting was held on November 8, 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. Ruane, and Mrs. Russell. Mayor Carey was also present. AGENDA ADDITIONS/DELETIONS Mr. Shevock moved for approval of the agenda, seconded by Mr. Salters 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. Permission to Recruit - Motor Equipment Operator (MEO) II (Streets Division) - In-House, MEO I Mr. Anthony DePrima, City Manager, reviewed a request to recruit a Motor Equipment Operator (MEO) II and an MEO I in the Streets Division. He stated that a vacancy was created when a current MEO II employee was transferred to the Public Utilities Department. Mr. DePrima advised members that MEO II and III positions have traditionally been career ladder positions whereby vacancies are filled in-house. This provides an opportunity for first-level MEO employees to advance within the department. As such, staff has requested to advertise the MEO II position in-house and, assuming that an existing MEO I employee is hired for this position, to fill the MEO I position. Mr. DePrima reminded members that an MEO I position was recently advertised; therefore, in order to speed the hiring process, staff suggested making a selection from the applications already received. Mr. McGiffin moved to recommend approval of the request to recruit for a Motor Equipment Operator (MEO) II in the Streets Division (in-house posting) and Motor Equipment Operator (MEO) I in the Streets Division, as recommended by staff. The motion was seconded by Dr. Jones and unanimously carried. Proposed Ordinance #2010-29 - Appendix B - Zoning, Article 3 - District Regulations, Section 8 - Mobile Home Park Zone (MHP) Mrs. Ann Marie Townshend, Director of Planning and Community Development, presented members with Proposed Ordinance #2010-29. She explained that the ordinance applies to areas within the MHP (Mobile Home Park) Zone where parks are developed with private streets and would require that such streets remain clear and unobstructed, including clear access to driveways and mailboxes. She explained that the proposed amendment would ensure that residents have access to their driveways and mailboxes during snow storms and other events.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF NOVEMBER 8, 2010 PAGE 2 Staff recommended that Proposed Ordinance #2010-29 be forwarded to City Council for a First Reading on November 22, 2010, referred to the Planning Commission on December 20, 2010, and that a Final Reading and public hearing be held before City Council on January 10, 2011. Mr. McGiffin moved to recommend that Proposed Ordinance #2010-29 (Attachment #1) be forwarded to City Council for a First Reading on November 22, 2010, referred to the Planning Commission on December 20, 2010, and that a Final Reading and public hearing be held before City Council on January 10, 2011. The motion was seconded by Dr. Jones and unanimously carried. Proposed Ordinance #2010-30 - Budget Amendments Mrs. Donna Mitchell, Controller/Treasurer, reviewed Proposed Ordinance #2010-30 - Budget Amendments, which was provided to members. She explained that the amendments incorporate the audited budget balances of all funds and accounts. During the City Council meeting of October 25, 2010, Mrs. Mitchell reviewed the Quarterly Revenue Report and indicated that the City’s transfer tax revenue forecast was decreased due to a decline in the overall market and a decrease in real estate sales. Mr. Ruane noted that the City’s Charter requires a balanced budget and that the projection indicates a revenue shortfall. At that time, Mrs. Mitchell stated that bringing forward a budget amendment with the additional carry forward balance would cover the shortfall from the audited budget balances. Mrs. Mitchell noted that the motion made by Council on October 25, 2010 was “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.” She explained that the motion indicated an expectation for a reduction in expenditures without using any excess carry forward balance. Mrs. Mitchell advised members that the proposed ordinance amendment uses the excess carry forward balance rather than a reduction in expenditures. In addition, Mrs. Mitchell stated that the Electric Fund projects have also been included in the proposed amendments. She reminded members that, during their meeting of October 25, 2010, the Utility Committee recommended approval of the revised Capital Investment Project (CIP) for the Electric Revenue Fund and, since this recommendation would be considered by Council (during their meeting of November 8, 2010) prior to the proposed budget amendments being presented to Council for approval, staff included the CIP amendments as well. Staff recommended approval of the draft budget ordinance to incorporate audited budget balances and revised CIP’s to be forwarded to City Council for a First Reading on November 22, 2010. Referring to Pages 16 and 17 of the Council Meeting Minutes of October 25, 2010 as alluded to by Mrs. Mitchell, Mr. Ruane noted that the motion directed staff to provide a budget amendment to account for the reduction of expenditures in the amount of $350,000 related to the diminishing

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF NOVEMBER 8, 2010 PAGE 3 transfer tax estimate. He stated that the proposed ordinance does not carry out the intent of the motion and suggested that the ordinance be amended or deferred until such time that staff has the opportunity to prepare a budget amendment as directed by Council. In response to Mr. McGiffin, Mrs. Mitchell confirmed that the typical practice has been for all expenditures to be addressed during the mid-year review. Should members wish to address the reduction of expenditures at mid-year review, Mrs. Mitchell suggested that they also consider the reduction of revenue at this time and allow the excess to go into the ending budget balance, rather than offsetting the reduction of revenue. Responding to Mr. Ruane, Mr. DePrima confirmed that generally the mid-year report to Council is made in March rather than January of each year. Mr. Ruane relayed his concern with a delay in addressing the reduction of expenditure based on the continuing loss of revenue. Mr. DePrima assured members that although Mr. Ruane’s concerns were valid, staff is attentive to their responsibilities and that action would be taken to address any budgetary issues, even if Council does not take immediate action in this regard. Mr. McGiffin moved to recommend that Proposed Ordinance #2010-30 - Budget Amendments be deferred until the next Committee meeting, with the understanding that the City Manager will present a plan to address the expenditures that would be required to meet the reduced revenue, along with the proposed ordinance amendment. The motion was seconded by Mr. Salters. Mr. Ruane referred to Line 197 of the proposed ordinance and noted that there was an adjustment to the prior year’s balance for the Electric Revenue Fund proposed in the amount of $1,451,589. He stated that, during the last review of the Electric Fund, he proposed an additional power cost adjustment for rate payers at the beginning of the year, since revenue was greater than anticipated. Mr. Ruane noted that the $1,451,589 would be available for a power cost adjustment by January 1, 2011 and suggested that the City Manager be requested to provide information to members on how this would affect rate payers and whether a rate adjustment could be provided. Noting that the suggested budget ordinance amendments were proposed for consideration at the next Committee meeting, Mr. DePrima stated that, although staff could develop information regarding the concept of a power cost adjustment, additional time may be needed to complete research. Although he was not opposed to an early power cost adjustment, he stated that adjustments are typically accomplished in June. Mr. DePrima reminded members that the last power cost adjustment issued by Council was for an increase. He cautioned members that action taken by Council in January will impact the action required in June. On a call for the question, the motion to recommend that Proposed Ordinance #2010-30 - Budget Amendments be deferred until the next Committee meeting, with the understanding that the City Manager will present a plan to address the expenditures that would be required to meet the reduced revenue with the proposed ordinance amendment, was unanimously carried.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF NOVEMBER 8, 2010 PAGE 4 Review of City of Dover Identity Theft Prevention Policy Mrs. Teresa Tieman, Senior City Administrator, advised members that the City of Dover Privacy Committee met on October 15, 2010, at which time members discussed an incident that occurred on March 25, 2010 in the Information Technology (IT) Department. She noted that the incident involved a document with confidential information being placed on the City’s website for approximately 10 minutes. The document was used by a programmer in the department to test the website. Since this incident, the IT Department has adopted a policy to use only documents that have been created for the sole purpose of testing when testing the website. The Privacy Committee felt that the remedy developed by the IT Department was acceptable and that no changes were required to the Identity Theft Prevention Policy. Dr. Jones moved to recommend acceptance of the Report provided by the Privacy Committee, seconded by Mr. Shevock and unanimously carried. Approval of Library Funding Plan Transfers and Use of Green Energy Rate Revenue Mr. Anthony DePrima, City Manager, reminded members that, during the Committee meeting of October 11, 2010, a detailed status report of the new Dover Library Project was presented. The presentation included the most up-to-date funding plan. As reported at that meeting, Mr. DePrima stated that several of the funding sources found in the “Highly Probable” column could be moved into the “Committed” column by action of City Council, as follows: 1) Reynolds Trust Funds: $46,355. An estate bequest received several years ago for the library. 2) Reciprocal Borrowing Residual Funds: $30,000. These funds represent the difference between the committed column and the highly probable column in the “City Reserve Contribution” row. 3) Green Energy Rate Funds: $215,000. The City has set aside $60,000 and, since October 2009, has been setting aside half of the revenue, or about $5,400 per month. By January 2012, $215,000 will be accumulated. 4) Use of Green Energy Funds for Debt Service for Green Energy Loan. After January 2012, current plans project using $8,000 of the monthly revenue to finance a $1.5 million loan at 2.5% with a 20-year term. The loan amount and terms are subject to change and will not be sought until late 2011. At this time, staff is simply seeking approval to use these funds for this purpose. Staff recommended approval to commit the following funds to the New Library Project: 1) Reynolds Trust Funds in the amount of $46,355, 2) Reciprocal Borrowing Residual Funds in the amount of $30,000, 3) Green Energy Rate Grant funds in the amount of $215,000, and 4) Use of Green Energy Funds: Debt Service for Green Energy Loan. Mr. McGiffin moved to recommend approval of staff’s recommendation, seconded by Mr. Salters and unanimously carried.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF NOVEMBER 8, 2010 PAGE 5 By unanimous consent, the meeting adjourned at 6:33 P.M. Respectfully submitted, Thomas J. Leary Chairman TJL/TM/jg/js/ac/dd S:\AGENDAS & MINUTES\Committee-Minutes\2010\11-08-2010 LF&A.wpd Attachment Attachment #1 - Ordinance #2010-29 - Appendix B - Zoning, Article 3 - District Regulations, Section 8 - Mobile Home Park Zone (MHP)

ATTACHMENT #1 LF&A Committee Meeting of 11/08/2010 CITY OF DOVER ORDINANCE #2010-29 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 3 – District Regulations, Section 8 - Mobile Home Park Zone 5 (MHP), be amended by inserting the text indicated in blue bold italic and deleting the text 6 indicated in red strikeout, as follows: 7 8 Section 8. Mobile home park zone (MHP). 9 8.1Uses permitted. No building or premises shall be used, and no building shall be erected, 10 which is arranged, intended or designed to be used, in whole or in part, for any purpose, except 11 as a mobile home park for the leasing of mobile home stands for mobile homes designed for 12 single-family occupancy, provided that: 13 14 8.11 The minimum number of mobile home stands completed and ready for occupancy 15 before the first mobile home is permitted on the premises for residential use is 35 mobile 16 home stands. 17 18 8.12 No mobile home stand shall be leased or occupied for residential use of a mobile 19 home, except for periods of 30 consecutive days or more. 20 21 8.13 No mobile home shall be permitted in any mobile home park unless it can be 22 demonstrated that the mobile home meets the requirements of the United States of 23 America Standards Institute publication "Standard for Mobile Homes, Body and Frame 24 Design and Construction Requirements and the Installation of Plumbing, Heating and 25 Electrical Systems," USA Standard A119, 1-1969. 26 27 8.14 The entire land area occupied by a mobile home park shall be maintained in single 28 ownership throughout the entire life of the mobile home park or in multiple ownership 29 under the provisions of the laws of the State of Delaware dealing with unit properties and 30 condominiums, subject to the following requirements: 31 32 (a) Multiple ownership shall not be permitted in existing parks previously in 33 single ownership; 34 35 (b) Multiple ownership shall be permitted only in new established parks where 36 application is made for multiple ownership at the time the application to 37 establish the mobile home park is presented to the planning commission. 38 39 8.15 A permanent standard residence for not more than one family shall be permitted, 40 incidental to each mobile home park, for the use of the owner, manager or caretaker of 41 the mobile home park. 42 8.16 A permanent management office facility shall be permitted, which may include only 43 the following: 44 45 (a) A management office with rooms for the usual office furniture and supplies; 46 47 (b) Storage space for utility connection supplies in quantity, mobile home 48 accessories and maintenance materials and equipment;

49 (c) Laundry facilities equipped with washing machines and dryers; 50 51 (d) Community building facilities, including indoor recreation areas; 52 53 (e) One beauty shop and/or one barbershop in each mobile home park complex. 54 55 8.17 Maintenance of Private Streets. In mobile home parks with private streets, 56 such streets, driveway access to such streets, and access to central mail boxes shall be 57 maintained by the mobile home park so as to be clear of obstructions including but not 58 limited to pot holes, snow piles, and debris. 59 60 8.17 8.18 Signs shall meet the regulations found in article 5, section 4, 61 supplementary sign regulations. 62 63 8.2Site development plan approval. Site development plan approval in accordance with article 64 10, section 2 hereof shall be required prior to the issuance of building permits for the erection of 65 any buildings and mobile home stands and related accessory structures. After initial site 66 development plan approval, reapproval shall not be required prior to the issuance of building 67 permits for the alterations to individual mobile home stands or accessory buildings such as 68 storage areas and patios, which, in the judgment of the city planner, do not materially alter the 69 site development plan approval by the planning commission and are requested as adjustments to 70 the mobile home lot leased by an individual family and designed for the convenience and 71 comfort of the individual lessee. 72 73 8.21 For purposes of preparing a site development plan for approval by the planning 74 commission, and all subsequent improvements, alterations or additions, the applicant 75 shall conform to current submission requirements and site development standards as set 76 forth by the National Fire Protection Association publication 501A, "Standards for 77 Mobile Home Parks." Where applicable, the approving authority shall be the Dover 78 Planning Commission. 79 80 8.3Maximum density. The gross residential density in an MHP zone shall not exceed six 81 dwelling units per acre. 82 83 ADOPTED: * 84 85 86 SYNOPSIS 87 The proposed ordinance would require that in mobile home parks 88 with private streets, the owner ensure that access to streets, 89 driveways and mailboxes is provided without obstruction. 90 (Sponsors: McGiffin, Leary, and Bonar) 91 92 Actions History 93 November 11, 2010 - Scheduled for Consideration by the Legislative, Finance, and 94 Administration Committee

City of Dover Capital Investment Plan Project Tracking Report September 30, 2010 Points to Remember - * Original Project Budget = Original Total Project Budget initially included in approved annual budget. * Latest Project Budget = Revised Total Project Budget included in most recent approved annual budget or one of the following: bond resolution, revolving fund loan agreement, Council approved budget amendment, or City Manager approved amendment as per the Budget Amendment Procedure. * Current Fiscal Year - Revised Fiscal Year Budget = Current Year approved project budgets plus carry forward balances of unspent budgets in the prior fiscal year. Project Carry Forward balances will be submitted to City Council for amendment in January 2010. Can also be amended with City Manager approval per the Budget Amendment Procedure. * Water Quality, Inflow/Infiltration, Distribution Upgrades and New Development projects are budgeted as a blanket project and once individual projects are identified and estimated they are created using an allocation of the overall budgeted amount. Examples are Water Quality - 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 Budget Balance $ 113,156 $ - $ - $ - $ 113,156 Project Carry Forward Balances 88,083 - 953,238 850,736 2,729,628 Federal and/or State Grants 4,250,348 1,000,000 45,248 135,152 5,430,748 New Revolving Fund Loans - - 863,060 - 863,060 Carry Forward Construction Loan Balances - - 8,001,973 254,757 8,256,730 Bond Proceeds - - - 415,585 415,585 Impact Fees - - 758,821 - 758,821 Income from Sale of Assets - - - - - Parkland Reserve 36,872 - - - 36,872 Library Reserve & Contributions 3,363,732 - - 3,363,732 Transfer from Operating Funds 1,019,629 300,000 58,709 2,763,303 4,141,641 Interest Earned 10,900 - - 40,700 51,600 Total Funding Sources (Unaudited) $ 8,882,720 $ 1,300,000 $ 10,681,049 $ 4,460,233 $ 26,161,573 Page 1 of 5

City of Dover General Fund - Major CIP Projects September, 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 Bid Pack A - Constuction approved \ Bid 2 M/G New Library Project $ 18,200,000 $ 24,679,934 $ 912,536 $ 23,767,398 3.7% $ 6,687,039 $ 7,630,663 $ 175,470 0.0% Started Pack B - Council bidding approval. 3 Totals - FY09 $ 18,200,000 $ 24,679,934 $ 912,536 $ 23,767,398 3.7% $ 6,687,039 $ 7,630,663 $ 175,470 2.6% 4 5 FY2010 6 Pitts Center Addition 50,000 40,000 16,919 23,081 42.3% - 36,872 13,791 0.0% Complete Complete. 7 Totals - FY10 $ 50,000 $ 40,000 $ 16,919 $ 23,081 42.3% $ - $ 36,872 $ 13,791 0.0% 8 9 FY2011 10 Vehicles & Equipment $ 63,675 $ - $ 9,347 $ (9,347) 0.0% $ 735,185 $ 735,185 $ 9,347 1.3% Started Vehicles being ordered. 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% Complete BB Courts Paved. 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 - 23,477 (23,477) 0.0% 300,000 300,000 23,477 7.8% Started See CTF report. 16 Downtown Security Cameras 63,000 63,000 - 63,000 0.0% 31,500 31,500 - 0.0% Started Site selection done. 17 Totals - FY11 $ 476,675 $ 211,500 $ 32,824 $ 178,676 15.5% $ 1,161,685 $ 1,215,185 $ 32,824 2.8% 18 19 Grand Totals $ 18,726,675 $ 24,931,434 $ 962,279 $ 23,969,155 3.9% $ 7,848,724 $ 8,882,720 $ 222,085 2.8% Legend M = M lti ulti-year project - a project with a specific h 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 September, 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 $ 479,148 $ 361,675 $ 117,473 75.5% $ 121,891 $ 121,891 $ 4,418 3.6% Started Ongoing. 3 Totals $ 400,000 $ 479,148 $ 361,675 $ 117,473 75.5% $ 121,891 $ 121,891 $ 4,418 3.6% 4 5 FY 2007 6 E. Water Street Brick $ 65,000 $ 65,000 $ - $ 65,000 0.0% $ 65,000 $ 65,000 $ - 0.0% Specialty contract needed. 7 Totals $ 65,000 $ 65,000 $ - $ 65,000 0.0% $ 65,000 $ 65,000 $ - 0.0% 8 9 FY 2009 10 Schutte Parking Lot $ 21,950 $ 21,950 $ - $ 21,950 0.0% $ 21,950 $ 21,950 $ - 0.0% Trying to move this to Library Project. 11 Turnberry Drive 40,000 40,000 - 40,000 0.0% 40,000 40,000 - 0.0% Curb work complete, paving in process. 12 Totals $ 61,950 $ 61,950 $ - $ 61,950 0.0% $ 61,950 $ 61,950 $ - 0.0% 13 14 FY 2011 15 Washington Street $ 105,000 $ 105,000 $ 41,528 $ 63,472 39.6% $ 105,000 $ 105,000 $ 41,528 39.6% Complete. 16 Mitschner Road 169,066 169,066 - 169,066 0.0% 169,066 169,066 - 0.0% In progress. 17 Delaware Ave 6,250 6,250 - 6,250 0.0% 6,250 6,250 - 0.0% Complete. 18 Oak Road Signage 11,875 11,875 - 11,875 0.0% 11,875 11,875 - 0.0% Just received. 19 Street & Alley Program 300,000 300,000 15,956 284,044 5.3% 300,000 300,000 15,956 5.3% In progress. State Agreements not yet rec'd 458,968 458,968 - 458,968 0.0% 458,968 458,968 - 0.0% Agreements have not been received. 20 Totals $ 1,051,159 $ 1,051,159 $ 57,484 $ 993,675 5.5% $ 1,051,159 $ 1,051,159 $ 57,484 5.5% 21 22 Grand Totals $ 1,578,109 $ 1,657,257 $ 419,159 $ 1,238,098 25.3% $ 1,300,000 $ 1,300,000 $ 61,902 4.8% 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 September, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project % Approved Revised Fiscal % Project Project Project To Date Budget Budget Fiscal Yr. Fiscal Yr. YTD Budget Code Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments 1 FY 2008 2 WD0807 South Governors Ave. Water Main Upgrade $ 200,000 $ 200,000 $ 2,664 $ 197,336 1.3% $ - $ 197,336 $ - 0.0% Complete Done. 3 WD0804 M 1.0 MG Elevated Water Storage Tower 4,196,600 2,590,000 6,623 2,583,377 0.3% - 193,377 - 0.0% Started Selecting Tank Model & Site; FY11 = Constr. 4 WD0805 M Piney Point Well 398,800 665,000 52,475 612,525 7.9% - 162,525 - 0.0% Started DNREC permiting; FY11 = Constr. 5 WW0809 M South Governors Ave. Sewer Main 300,000 291,000 12,057 278,943 4.1% - 279,244 301 0.1% Complete Done. 6 WW0810 M/SL US 13 East Sanitary Sewer Interceptor 2,376,800 3,409,641 1,703,225 1,706,416 50.0% - 2,335,862 835,063 35.7% Started Working progress to Capital Inn and Lowes. 7 Totals - FY08 $ 7,472,200 $ 7,155,641 $ 1,777,044 $ 5,378,597 24.8% $ - $ 3,168,344 $ 835,364 26.4% 8 9 FY2009 10 WQ0905 M/SL Bayard Avenue $ 590,910 $ 590,910 $ 6,490 $ 584,420 1.1% $ - $ 584,420 $ - 0.0% Started Material ordered. 11 WQ0906 M/SL East side N. State Street 868,707 29,896 117,820 (87,924) 394.1% - 847,700 88,817 10.5% Started Construction started 80% complete, 12 WQ0907 M/SL Route 13 Water Main 1,058,700 68,097 128,757 (60,660) 189.1% - 967,801 4,760 0.5% Started With DelDOT for approval. 13 R Water Quality Improvements FY09 $ 2,518,317 $ 688,903 $ 253,066 $ 435,837 36.7% $ - $ 2,399,921 $ 93,577 11.0% Started 14 15 WW0902 M/SL DE State University Pumping Station Repl. $ 386,400 $ 386,400 $ 145,715 $ 240,685 37.7% - 240,324 - 0.0% Completed Done. 16 WW0905 M/SL Fox Hall/Retreat Force Main Rerouting 133,100 139,245 237,613 (98,368) 170.6% - - 19,175 0.0% Completed Done. Overage covered by US 13 Interceptor. 17 WW0907 M/SL Acorn Lane Pump Station Replace. 386,400 386,400 285,817 100,583 74.0% - 210,528 110,306 52.4% Completed Done. 18 Totals - FY09 $ 3,424,217 $ 1,600,948 $ 922,211 $ 678,737 57.6% $ - $ 2,850,773 $ 223,059 7.8% 19 20 FY2010 21 WD1002 R Remote Control & Monitor Wells $ 55,000 $ 55,000 $ 23,104 $ 31,896 42.0% $ - $ 31,896 $ - 0.0% Complete Done. 22 WW1001 M/SL Inflow/Infiltration Removal 1,800,000 1,799,668 1,221 1,798,447 0.0% - 1,798,447 - 0.0% Started Going to Council for approval. 23 WW1007 M Fox Hall Pump Station 427,900 52,000 1,856 50,144 3.6% 375,900 426,044 - 0.0% Started Reviewing final drawings. 24 WW1008 M Heatherfield Pumping Station Upgrade 220,400 40,000 1,284 38,716 3.2% 229,200 267,916 - 0.0% Started Design done. 25 WW1010 I Tar Ditch Interceptor Upgrade 518,230 518,230 1,449 516,781 0.3% - 516,781 - 0.0% Started In design. 26 WS1001 Various Pump Motor Replacements 45,248 45,248 - 45,248 0.0% - 45,248 - 0.0% Started Grant approved. Ordering will begin. 27 Totals - FY10 $ 3,066,778 $ 2,510,146 $ 28,914 $ 2,481,232 1.2% $ 605,100 $ 3,086,332 $ - 0.0% 28 29 FY2011 30 WD1101 Misc. Distribution System Upgrade $ 60,000 $ 60,000 $ - $ 60,000 0.0% $ 60,000 $ 60,000 $ - 0.0% Started On-going as needed. 31 WD1102 Wellhead Redevelopement Program 60,000 0.0% 60,000 60,000 - 0.0% Started Going out to bid. 32 WQ1101 Water Quality Improvements 500,000 500,000 - 500,000 0.0% 500,000 500,000 - 0.0% Not Started See above FY09. 33 WW1101 M/SL Inflow/Infiltration Removal 500,000 500,000 - 500,000 0.0% 500,000 500,000 - 0.0% Started Contractor selected, January start. 34 WW1102 R Scada Technology Equip Upgrade 82,100 82,100 - 82,100 0.0% 82,100 82,100 - 0.0% Started Equipment ordered. 35 WW1103 Del State/Del Tech Force Main Rerouting 286,500 286,500 1,439 285,062 0.5% 286,500 286,500 1,439 0.5% Done Shifted completion to Interceptor. 36 WW1104 Lepore Road Pump Station Replacement 52,000 52,000 - 52,000 0.0% 52,000 52,000 - 0.0% Started Design with Braun. 37 WW1105 R Misc. Sewer System Improvements 35,000 35,000 35,152 (152) 100.4% 35,000 35,000 35,152 100.4% Started Ongoing as needed. 38 Totals - FY11 $ 1,575,600 $ 1,515,600 $ 36,591 $ 1,479,009 2.4% $ 1,575,600 $ 1,575,600 $ 36,591 2.3% 39 40 Grand Totals $ 10,896,417 $ 8,756,589 $ 2,699,255 $ 6,057,334 30.8% $ 2,180,700 $ 10,681,049 $ 1,095,013 10.3% 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 September, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Hide Original Latest Project Project % Current Revised Fiscal % Project Project Project To Date Budget Budget Fiscal Yr. Fiscal Yr. YTD Budget Code Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments 1 FY 2006 2 EE0601 M/B 69 KV feeders 3 and 4 $ 11,060,000 $ 8,693,782 $ 8,761,762 $ (67,980) 100.8% $ - $ 4,242 $ 4,242 100.0% Completed In service. 3 EE0603 M/S Governor's Avenue Rebuild 1,268,450 2,068,260 535,612 1,532,648 25.90% - 250,000 15,151 6.1% Completed Done. 4 Totals - FY06 $ 12,328,450 $ 10,762,042 $ 9,297,373 $ 1,464,669 86.4% $ - $ 254,242 $ 19,393 7.6% 5 6 FY 2008 7 EG0801 Unit 3 Turb Bearing Fire Protect Deluge $ 50,000 $ 50,000 $ 2,750 $ 47,250 5.5% $ - $ 50,000 $ 2,750 5.5% Started In design. 8 Totals - FY08 $ 50,000 $ 50,000 $ 2,750 $ 47,250 5.5% $ - $ 50,000 $ 2,750 5.5% 9 10 FY2010 11 EG1001 B Vansant CT Mark IV Control (Replmnt) $ 700,000 $ 610,000 $ 424,620 $ 185,380 69.6% $ - $ 202,363 $ 137,983 68.2% Completed In service. 12 EG1002 B McKee Run Entrance Road 240,000 240,000 154,722 85,278 64.5% - 154,244 154,244 100.0% Completed In service. 13 EG1005 Work Mgmt. System Replacement 85,000 85,000 26,577 58,423 31.3% - - 9,859 0.0% Completed Done. 14 EG1009 Photovoltaic Install @ McKee Run - - 58,559 (58,559) 0.0% - 65,065 58,559 90.0% Completed In service. 15 EE1005 M/B Mid City Substation 1,488,461 993,711 975,819 17,892 98.2% - 1,087 1,087 100.0% Completed In service. 16 EE1009 S LED Lighting Replacement 70,087 70,087 - 70,087 0.0% - 70,087 - 0.0% Started Material ordered. 17 EU1002 B Crossgates 396,904 543,075 524,391 18,684 96.6% - - 1,440 0.0% Completed Done. 18 EU1003 B Buchanan Acres 406,000 865,144 1,195,309 (330,165) 138.2% - 53,648 116,844 217.8% Completed Done. 19 20 Totals - FY10 $ 3,386,452 $ 3,407,017 $ 3,359,998 $ 47,019 98.6% $ - $ 546,494 $ 480,016 87.8% 21 22 FY2011 23 --- 39 Vehicles & Equipment $ 158,200 $ 158,200 $ - $ 158,200 0.0% $ 158,200 $ 158,200 $ - 0.0% Started Vechicles being ordered. 24 EE1101 Substation PT & CT Replacement 256,218 256,218 20,242 235,976 7.9% 256,218 256,218 20,242 7.9% Started Material being received. 25 EE1102 Replace of 69 kV Breakers 100,000 100,000 - 100,000 0.0% 100,000 100,000 - 0.0% Started Installing started. 26 EE1103 Lighting Rehabilitation 100,000 100,000 60,684 39,316 60.7% 100,000 100,000 60,684 60.7% Started Started Foxhall. 27 EE1104 Walker Road OH Conversion 350,511 350,511 - 350,511 0.0% 350,511 350,511 - 0.0% Dropped Council to reappropriated funds. 28 EE1105 Engineering Misc Equipment Replmnt 40,000 40,000 14,491 25,509 36.2% 40,000 40,000 14,491 36.2% Started Ongoing as needed. 29 EE1106 0 Substation Batteries 24,500 24,500 - 24,500 0.0% 24,500 24,500 - 0.0% Started Ongoing as needed. 30 EE1111 0 UG Transformers 120,536 120,536 45,635 74,901 37.9% 120,536 120,536 45,635 37.9% Started Ongoing as needed. 31 EE1111 0 UG Conductors 529,464 529,464 74,596 454,868 14.1% 529,464 529,464 74,596 14.1% Started Ongoing as needed. 32 EE1111 0 Meters 50,000 50,000 9,290 40,710 18.6% 50,000 50,000 9,290 18.6% Started Ongoing as needed. 33 EG1101 Unit 3 Cooling Tower Fill 353,338 353,338 2,246 351,092 0.6% 353,338 353,338 2,246 0.6% Started Under construction. 34 EG1102 Units 1 & 2 Cooling Tower 218,730 218,730 7,096 211,634 3.2% 218,730 218,730 7,096 3.2% Started Under construction. Scoping. Work during spring 35 EG1103 Unit 3 Tubine Inspection 348,000 348,000 15,709 332,291 4.5% 348,000 348,000 15,709 4.5% Started outage. Scoping. Work during spring 36 EG1104 Unit 3 Aux System Components 113,000 113,000 - 113,000 0.0% 113,000 113,000 - 0.0% Started outage. 37 EG1105 Plant Misc Equipment Replmnt 71,000 71,000 7,555 63,445 10.6% 71,000 71,000 7,555 10.6% Started Ongoing as needed. Scoping. Work during spring 38 EG1106 Unit 3 Stack Repairs 25,000 25,000 - 25,000 0.0% 25,000 25,000 - 0.0% Started outage. Scoping. Work during spring 39 EG1107 Units 1 & 2 Life Extension 276,000 276,000 - 276,000 0.0% 276,000 276,000 - 0.0% Started outage. 40 EG1108 Unit 1 Turbine Outage - - 379,516 (379,516) 0.0% - - 379,516 0.0% Completed 41 EG1109 Unit 3 FD & ID FAN CNRL UP 45,000 45,000 - 45,000 0.0% 45,000 45,000 - 0.0% Not Started New. 42 EG1110 Unit 3 DCS Com & Software 30,000 30,000 - 30,000 0.0% 30,000 30,000 - 0.0% Not Started New. 43 EG1111 Unit 2 Boiler Inspection & Repair - - - - 0.0% - - - 0.0% Not Started New. 44 EU1101 Distribution Upgrades 400,000 400,000 105,033 294,967 26.3% 400,000 400,000 105,033 26.3% Started Ongoing as needed. 45 $ 3,609,497 $ 3,609,497 $ 742,093 $ 2,867,404 20.6% $ 3,609,497 $ 3,609,497 $ 742,093 20.6% 46 47 Grand Totals $ 19,374,399 $ 17,828,556 $ 13,402,214 $ 4,426,342 75.2% $ 3,609,497 $ 4,460,233 $ 1,244,252 27.9% 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. B = Bonded Project S = State fully or partially reimbursed project Page 5 of 5

2010 Annual Report

Director’s Note ... Bill Neaton Board Members The Downtown Dover Partnership had a busy Gary Patterson, President and exciting year in the fiscal year ending Dr. William Johnston, Vice President June 30, 2010! Among the many highlights was the opening of the Community Services Joseph McDaniel, Secretary Building by the Greater Dover Foundation. We Cynthia Small, Treasurer joined the Greater Dover Committee and Anthony DePrima Foundation as one of the first tenants moving Michael Harrington into our new office space in early December 2009. This building is also home to the United Paul E. Lakeman Way, Boy Scouts, Delaware Parents Associa- Gregg Moore tion, and Communities in Schools. Sophia R. Russell, Councilwoman Many downtown business owners have Reuben Salters, Councilman supported our revitalization efforts by invest- ing funds in building renovations, including The Center for Human Develop- Ami Sebastian-Hauer ment, Raubacher Gallery, and the Dover Army-Navy Store. The CPA firm of Mit- Laura Simmons ten and Winters $300,000 renovation of their building put an exclamation point Timothy Slavin, Councilman to their commitment to the revitalization of our downtown! Thomas Smith The DDP hosted seven (7) Business Development Workshops that pro- vided information on marketing techniques, green business, and developing a Stanford Smith business plan to 160 attendees. As we begin our third year of operation we look Gerald I. H. Street, Esq. forward to continuing our redevelopment and revitalization efforts beginning Ann Marie Townshend with the major renovation of 22-24 W. Loockerman. We’re counting on your Mayor Carleton Carey, Ex Officio ■ continued support and participation as we work to meet our ambitious goals during the next year. Committees DOWNTOWN ... Highlights Design Committee Organization Laura Simmons, Chairperson Committee FIVE New Businesses Opened Arden Bardol Stanford Smith, Chairperson • DNDTEK Carrie Hart Marjorie Cyr • Next Level Clothing Store Ann Baker Horsey Jocelyn McBride • The LUNCHBOX Susan Johnston Georgeanna Windley • The Shoe Outlet Dawn Melson-Williams Chris Wood • The Tattoo Shop Brian Murray Dr. Donald Parks Parking Committee THREE Businesses Relocated to Kristin Pleasanton Thomas Smith, Chairperson Downtown David Affolder Elena Stewart • Beauty & You Michael Ambruso Anita Evans • Knight’s Copier Service Economic Development & Ted Nutter • Zuha Trend Restructuring Committee Ron Poliquin, Esq. Gerald I. H. Street, Esq., 1500 + Volunteer Hours Donated Chairperson Promotions Committee 1651 hours valued at $20.25/hr = $33,433 Robert Berglund David Bonar Cynthia Small, Chairperson Elaine M. Brenchley Increasing Competitiveness of Downtown Anthony DePrima Robin Coventry Businesses Michael Harrington, Sr. Kay Dietz-Sass The Downtown Dover Partnership held seven (7) Paul E. Lakeman Helen Haughey Business Development Workshops that provided Joseph McDaniel Dave Hill information on marketing techniques, green Gregg Moore Ami Sebastian-Hauer business, and developing a business plan, to 160 Ted Nutter Nephetina Serrano people, both current and prospective business Gary Patterson Tim Smith owners. Charlie Rodriguez Heather Standish Councilwoman Sophia Russell Erin Tinsley Business Assistance Provided Councilman Reuben Salters Eleven businesses received loans through the US Ami Sebastian-Hauer Partnership Staff SBA Community Express Loan Program. These Laura Simmons William G. Neaton loans totaled $265,000 and created 8.5 FTEs and Erin Tinsley C. Edwin Perez sustained 18.5 FTEs. Ann Marie Townshend Beverly Latimer Jackson

FY 2010 DOWNTOWN DOVER PARTNERSHIP ECONOMIC IMPACT HIGHLIGHTS $2,540,000 Dollars Invested in FY 20101 Partnership Real Estate Holdings Facade Grants Awarded (2) $ 4,000 120 S. Governors Avenue – Acme site $ 1,239,345 (only 2 of the grants awarded were completed by 6/30) 22-24 W. Loockerman Street 225,000 Total Value of Facade Improvements – $ 65,000 133-135 S. Governors Avenue 248,745 139-143 S. Governors Avenue 295,184 Total Value of Building Rehabilitation (2) $2,300,000 222 Railroad Avenue 56,746 Purchase of 22-24 W. Loockerman Street $ 225,000 238 Railroad Avenue 151,091 1 East side of N. West Street parcel #1 243,000 Value of Facade Grants and Facade Improvements included in total 680 and 684 Forest Street 650,000 value of building rehabilitation projects but excluded from total dol- lars invested in FY 2010. Total Buildings & Land $ 3,109,111 2010 Accomplishments Design Committee Parking & Safety Committee Awarded Four (4) Facade Improvement Installed improved signage at Grants Bradford Street Lot Implemented Vacancy Treatment Conducted Security Survey of Program Merchants Rec’d $1000 Matching Grant from DEDO Provided Funding for Security for Vacancy Treatment Program Camera Project Offered Free Metered Parking in the Economic Development & Bradford St. Lot during December Restructuring Committee Parking Information Insert in City Community Development Block Grant Electric Bills mailed to 22,000 for Youth Employment Program customers USDA Rural Development Grant for Training & Marketing Projects Promotions Committee The US Small Business Administration recog- Purchased 22-24 W Loockerman St. 2nd Annual Home for the Holidays nizes Ed Perez of the Downtown Partnership as Property 2nd Annual Spring Splendor the Top SBA Community Express Technical Sale of properties in the 400 Block of Fashion Show Assistance Provider for FY ’09. W. Loockerman St. to Bob Duncan for Created Safe, Spooky Halloween Development Supported First Fridays Sale of property on N. West St. to Charles Supported First Night Grimes for relocation of NAPA Store Dover Days May Basket Signed lease w/Inner City Cultural Dover Days Chili Cook-off and League for property on N. West Street Karaoke Night sponsored by Signed 10-year lease with Dover downtown Bars & Restaurants Interfaith Housing Coalition for Supported Improved Tourism 684 Forest Street Signage Distributed 25+ media releases and Organization Committee generated significant positive Developed Conflict of Interest & press for downtown Dover USDA Rural Development has provided Whistleblower Policies funding for DDP marketing and training Monitored Work Plan Development initiatives which benefit businesses in Developed Fundraising Strategy “Historic Downtown Dover.” Coordinated Volunteer Recognition & Annual Report Special thanks to the Dover City Council, Mayor Carleton E. Carey Sr., and City Manager Tony DePrima for their support of the Downtown Dover Partnership. Also Thanks to Diane Laird, State Coordinator, Delaware Main Street, for technical assistance provided throughout the year and to DEDO for the $1000 grant received as part of the Vacancy Treatment Project implemented in FY’10. Mission Statement The purpose of the Downtown Dover Partnership is to develop the economic, cultural and his- toric resources of downtown Dover, to increase business/job opportunities, and to develop the commercial and residen- tial potential of the Central Dover area. The DDP strives to protect and enhance the historic architectural and commu- nity qualities of the downtown consistent with the guiding principles of the National Main Street Program.

Special Thanks to the following Individuals FIRST FRIDAY Tammy Trout & the Pentecostals ST. PATRICK’S DAY PARADE Jean Francis of Dover Band & Chorus Gary Chaffee, Parade Coordinator Susan Johnston United Fellowship Praise Alex Aaron Whitsett Jeremy Gibb Dance Team Antoine Robinson Friends of Folk Wesley College Student Leaders Caitoyn Theresa Angstadt First State Strings Cathy Marker Dover Fire Department SPRING SPLENDOR FASHION Don Bambord Downtown Dover Merchants SHOW Matthew Singleton Wesley College Student Leaders Erin Tinsley, Co-Chairperson Tim Smith Maxine Lewis, Co-Chairperson Georgeanna Windley FESTIVAL OF LIGHTS Lee Turner City of Dover Parks & Recreation Mel Williams SUPPORT FOR MULTIPLE Bayhealth Medical Center Hassan Azhar ACTIVITIES Heritage at Dover 33 West Bayhealth Medical Center Dover Kiwanis A Center for Mental Wellness City of Dover Wesley Pre-School Artwear Bags DE Economic Development The Little School Bel Boutique Office Dover High Select Ensemble Benita’s World of Beauty DE Technical & Community Citizens Bank College HOME FOR THE HOLIDAYS Coastal Cottage Soaps Delaware Community Nephetina Serrano, Co-Chairperson Cook & Smith Florists Foundation Lauren Tinsley, Co-Chairperson Delaware Made Dover City Council Gary Chaffee, Parade Coordinator DNDTEK Dover Community Shani Brown Dover Art League Partnership Melissa Cameron Dover Newsstand Dover Fire Department Robin Coventry Driftwood Spirits Dover Housing Authority Mona Kinnel El Nopal Dover Parks & Recreation Cathy Marker Dover Police Department Emmanuel’s Religious Gifts Mary Alice Ozechoski Downtown Dover Businesses Fly 365 Tina Potts First State Community Forney’s Ami Sebastian-Hauer Loan Fund Forney’s Too Rae Short First State Heritage Park Erin Tinsley Frankfurt Bakery First State Strings Aid in Dover Leone’s Loockerman Exchange Friends of Folk Angela Alper Maxine’s New York Fashions Friends of Old Dover Santa and Mrs. Claus Our Helping Hands Greater Dover Committee Booker T. Washington Chorus Raubacher Gallery Greater Dover Foundation CACC Folk Dance Troupe Rockstar Glassworks Kent County Tourism Dover Housing Authority The Duncan Center Small Business Indian US Society of The Golden Fleece Development Center DE Youth Group The Wedding Boutique U.S. Small Business Remnant Sounds – W.T. Smithers Administration Michelle Wright & Band Young’s Studio of Photography USDA Rural Development Shedding the Vibe Zuha Trend Wesley College Special thanks to DOWNTOWN DELAWARE. Downtown Delaware is a program of the Delaware Economic Development Office. It provides Delaware’s historic downtowns, communities, and small businesses with tools to revitalize their commercial districts, increase entrepreneurial opportunity, and enhance quality of place. DOWNTOWN DOVER PARTNERSHIP 101 W. Loockerman Street, Suite 1A • Dover, DE 19904 302-678-2940 • fax 302-678-2132 • www.downtowndoverpartnership.com Downtown Dover Partnership is a non-profit organization dedicated to revitalizing the Downtown District. DDP works hand in hand with the National Trust for Historic Preservation’s National Main Street Center and the Downtown Delaware initiative to create a variety of programs that serve to improve our downtown district.

ACTION FORM PROCEEDING: Council DEPARTMENT OF ORIGIN: Parks, Recreation & Library DATE SUBMITTED: 11/10/2010 PREPARED BY: Zachery C. Carter SUBJECT: Bidding and Construction Administration – Library REFERENCE: N/a RELATED PROJECT: Construction Documents – Dover Public Anchor Library REVIEWED BY: City Manager & Controller EXHIBITS: N/a EXPENDITURE REQUIRED: $597,047($119,409 bidding only) AMOUNT BUDGETED: $597,047 per presented project budget. FUNDING SOURCE (Dept./Page in CIP & Budget): Library Reserve & State Grant, Parks, Recreation & Library CIP page 136. TIMETABLE: Bidding begins December 2010 and completed by March 2011, Construction Administration begins March 2011 and completed by September 2012. RECOMMENDED ACTION: Authorize the City Manager to sign a Professional Services Contract for the Bidding and Construction Administration for the Dover Public Anchor Library to Holzman, Moss, & Bottino Architecture firm for the amount of $597,047. This amount covers the total expenses and estimated 10 percent project reimbursable expenses. Total cost for bidding and estimated 10 percent project phase reimbursable is $119,409. BACKGROUND AND ANALYSIS The architectural firm of Holzman, Moss, & Bottino Architecture (HMBA) completed the Dover Public Anchor Library Construction Documents in November 2010. With the completion of the Construction Documents, the city is ready to start the next steps for the library project. The next steps, as outline in the recent presentation to the City Council through the Parks, Recreation and Community Enhancement Committee and the Legislative, Finance, and Administration Committee; is the Bidding and Bidding Administration concurrently, and the Construction and Construction Administration concurrently. The Council Action Form addresses the Bidding and Construction Administration Services for our project Architects: Holzman, Moss, & Bottino Architecture. There is one proposed contract for both services; however, the contract will allow the City to end the contract after the Bidding Services Phase for any reason. Another Council Action to proceed to Construction is planned in January after bidding has been completed, evaluated and presented to Council. Bidding: The scope of work includes working with the construction manager to prepare the final documents into the required format for the public bidding process. During the bidding process, the work will include attending a pre-bid meeting with sub-contractors, responding to sub-contractor questions, and issuing addenda as required responding to questions about the documents. Following the receipt of the bids by the construction manager, the work will include reviewing the bidders and discussing financial alternatives to allow the project to proceed into the construction phase of work. Total cost for Bidding and estimated 10 percent project reimbursable is $119,409. Construction Administration: This phase of work, if authorized to proceed, includes periodic review of the site and building construction, responding to construction manager questions (Request for Information), issuing clarification sketches and review of all submittals and shop drawings. The work includes participating in monthly executive committee meetings and twice monthly site visits. Upon substantial completion of the project, the work includes preparation of a punch-list, with the assistance of the construction manage, and review of items until they have been completed. Record drawings will not be provided as part of this scope and will be provided by the construction manager. This phase also includes review and documentation for the USGBC, LEED submittal process and coordinating with all consultants and the construction manager to assure that all requirements have been established and delivered. Total cost for Construction Administration and estimated 10 percent reimbursable is $477,638. HMBA has done an outstanding job with the design of this building. We recommend to City Council that the proposal for the Professional Services Contract for the Bidding and Construction Administration for the Dover Public Anchor Library to HMBA for the total (including reimbursables) sum of $597,047 be accepted and authorization granted to the City Manager to enter into the contractual agreement. If the project does not advance to construction, the City would only be obligated to pay the cost for Bidding in the amount of $119,409.

ACTION FORM PROCEEDING: Council DEPARTMENT OF ORIGIN: Parks, Recreation & Library DATE SUBMITTED: 11/15/2010 PREPARED BY: Zachery C. Carter SUBJECT: Construction Management Risk Contract REFERENCE: N/a RELATED PROJECT: Anchor Library Construction REVIEWED BY: City Manager & Controller EXHIBITS: Total Project Cost Summary - EDiS PRELIMINARY ESTIMATED EXPENDITURE REQUIRED: $16,821,162 AMOUNT BUDGETED: $16,821,162 as presented to City Council in latest budget FUNDING SOURCE (Dept./Page in CIP & Budget): Library Reserve, State Grants, Library Foundation, and Financing, Parks, Recreation & Library CIP page 136 and in latest cost estimate presented to Council. TIMETABLE: Bid document and bidding will be completed by January 2011. RECOMMENDED ACTION: Authorize the City Manager to enter into a “Construction Manager at Risk” contract with the EDiS Company for bidding services, construction administration, and construction of the Dover Public Library project for the preliminary estimated amount of $16,821,162. The contract is to include City Council approval of the final maximum guarantee price based on bidding results prior to construction. BACKGROUND AND ANALYSIS EDiS Company was selected as the Construction Management firm for the Dover Public Library project in July 2009. With the completion of the construction documents, the city is ready to start the next steps for the library project. The next steps, as outline in the recent presentation to City Council through the Parks, Recreation and Community Enhancement Committee and the Legislative, Finance, and Administration Committee; are the Bidding and Bidding Administration concurrently, and the Construction and Construction Administration concurrently. This Council Action Form addresses the Bidding, Construction and Construction Administration Services for our project with our Construction Manager: EDIS. There is one proposed contract for both services; however, the contract will allow the City to end the contract after the Bidding Services Phase for any reason. Another Council Action to Proceed to Construction is planned in January after bidding has been completed, evaluated and presented to Council. EDiS Company will prepare the library bid documents and solicit bids for the construction of the library. Once bids are submitted, EDiS will evaluate all bids and present City Council with their recommendations for the construction of the library. The cost for the bidding of the project is $17,100. The proposed contract is called a “Construction Manager at Risk” contract. The construction of this project will be done by EDiS Company as the Construction Manager at Risk. Under the Construction Manager at Risk agreement there will be a guarantee maximum price for the library construction that will be determined once the bids are received. The estimated cost for the construction is $16,821,162 (this includes pricing from the Total Project Cost Summary recently provided to City Council including: building construction costs, $16,736,162; signage, $80,000; and Kent County Conservation District fee $5,000). Once the bid prices are accepted by City Council, the EDiS contract will be amended to reflect a final guarantee maximum price. If at the end of the project, costs are under the guarantee maximum price or budgeted contingency costs are not used, the savings go to the City. Under the proposed contract if the project is bid and the city decides to move to construction but not use EDiS as Construction Managers, the City would reimburse EDiS 10% of their fee, or $76,000. If the project does not advance to construction the city would only be obligated to pay the cost for the bidding in the amount estimated at $17,100. We recommend that City Council authorize the City Manager to enter into a contractual agreement with EDiS in a preliminary estimated amount of $16,821,162 for the bidding and construction of the project.

FIRST READING CITY OF DOVER ORDINANCE #2010-28 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 3 – District Regulations, Section 14 – Limited Central 5 Commercial Zone (C-2A), Subsection 14.4 – Conditional Uses, be amended by inserting a new 6 paragraph (b) as follows: 7 8 (b) Parking lots and parking structures as a principal use on suitably landscaped lots. 9 10 BE IT FURTHER ORDAINED: 11 12 That Appendix B – Zoning, Article 3 – District Regulations, Section 30 – Recreational and Open 13 Space Zone (ROS), Section 30.2 – Permitted Uses, be amended by inserting a new subsection 14 30.29 Cemeteries. 15 16 ADOPTED: * 17 18 19 SYNOPSIS 20 The proposed ordinance would clarify existing uses in two zones 21 by adding parking lots as a principal use allowed through 22 conditional use approval within the C-2A (Limited Central 23 Commercial) zoning district; and by adding cemeteries as a 24 permitted use within the ROS (Recreational and Open Space) zone. 25 26 27 Actions History: 28 November 22, 2010 - Proposed First Reading - Council 29 November 8, 2010 - Considered by the Parks, Recreation, and Community Enhancement Committee

FIRST READING CITY OF DOVER ORDINANCE #2010-29 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 3 – District Regulations, Section 8 - Mobile Home Park Zone 5 (MHP), be amended by inserting the text indicated in blue bold italic and deleting the text 6 indicated in red strikeout, as follows: 7 8 Section 8. Mobile home park zone (MHP). 9 10 8.1Uses permitted. No building or premises shall be used, and no building shall be erected, 11 which is arranged, intended or designed to be used, in whole or in part, for any purpose, except 12 as a mobile home park for the leasing of mobile home stands for mobile homes designed for 13 single-family occupancy, provided that: 14 15 8.11 The minimum number of mobile home stands completed and ready for occupancy 16 before the first mobile home is permitted on the premises for residential use is 35 mobile 17 home stands. 18 19 8.12 No mobile home stand shall be leased or occupied for residential use of a mobile 20 home, except for periods of 30 consecutive days or more. 21 22 8.13 No mobile home shall be permitted in any mobile home park unless it can be 23 demonstrated that the mobile home meets the requirements of the United States of 24 America Standards Institute publication "Standard for Mobile Homes, Body and Frame 25 Design and Construction Requirements and the Installation of Plumbing, Heating and 26 Electrical Systems," USA Standard A119, 1-1969. 27 28 8.14 The entire land area occupied by a mobile home park shall be maintained in single 29 ownership throughout the entire life of the mobile home park or in multiple ownership 30 under the provisions of the laws of the State of Delaware dealing with unit properties and 31 condominiums, subject to the following requirements: 32 33 (a) Multiple ownership shall not be permitted in existing parks previously in 34 single ownership; 35 36 (b) Multiple ownership shall be permitted only in new established parks where 37 application is made for multiple ownership at the time the application to 38 establish the mobile home park is presented to the planning commission. 39 40 8.15 A permanent standard residence for not more than one family shall be permitted, 41 incidental to each mobile home park, for the use of the owner, manager or caretaker of 42 the mobile home park. 43 44 8.16 A permanent management office facility shall be permitted, which may include only 45 the following: 46 47 (a) A management office with rooms for the usual office furniture and supplies; 48

49 (b) Storage space for utility connection supplies in quantity, mobile home 50 accessories and maintenance materials and equipment; 51 (c) Laundry facilities equipped with washing machines and dryers; 52 53 (d) Community building facilities, including indoor recreation areas; 54 55 (e) One beauty shop and/or one barbershop in each mobile home park complex. 56 57 8.17 Maintenance of Private Streets. In mobile home parks with private streets, 58 such streets, driveway access to such streets, and access to central mailboxes shall be 59 maintained by the mobile home park so as to be clear of obstructions including, but not 60 limited to, potholes, snow piles, and debris. 61 62 8.17 8.18 Signs shall meet the regulations found in article 5, section 4, supplementary 63 sign regulations. 64 65 8.2 Site development plan approval. Site development plan approval in accordance with article 66 10, section 2 hereof shall be required prior to the issuance of building permits for the erection of 67 any buildings and mobile home stands and related accessory structures. After initial site 68 development plan approval, reapproval shall not be required prior to the issuance of building 69 permits for the alterations to individual mobile home stands or accessory buildings such as 70 storage areas and patios, which, in the judgment of the city planner, do not materially alter the 71 site development plan approval by the planning commission and are requested as adjustments to 72 the mobile home lot leased by an individual family and designed for the convenience and 73 comfort of the individual lessee. 74 75 8.21 For purposes of preparing a site development plan for approval by the planning 76 commission, and all subsequent improvements, alterations or additions, the applicant 77 shall conform to current submission requirements and site development standards as set 78 forth by the National Fire Protection Association publication 501A, "Standards for 79 Mobile Home Parks." Where applicable, the approving authority shall be the Dover 80 Planning Commission. 81 82 8.3 Maximum density. The gross residential density in an MHP zone shall not exceed six 83 dwelling units per acre. 84 85 ADOPTED: * 86 87 88 SYNOPSIS 89 The proposed ordinance would require that in mobile home parks 90 with private streets, the owner ensure that access to streets, 91 driveways and mailboxes is provided without obstruction. 92 (Sponsors: McGiffin, Leary, and Bonar) 93 94 Actions History 95 November 22, 2010 - Proposed First Reading - Council 96 November 8, 2010 - Considered by the Legislative, Finance, and Administration Committee