Anexo

REGULAR COUNCIL MEETING AGENDA September 12, 2011 - 7:30 P.M. - Council Chambers - City Hall - City of Dover OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.) The “Open Forum” segment is provided to extend the opportunity to the general public to share their questions, thoughts, comments, concerns, and complaints. Discussion of any item appearing on the agenda is prohibited and citizen comments are limited to three (3) minutes. Council is prohibited from taking action since they are not in official session; however, they may schedule such items as regular agenda items and act upon them in the future. INVOCATION BY CHAPLAIN WALLACE DIXON PLEDGE OF ALLEGIANCE LED BY COUNCILMAN HARE 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 August 22, 2011 2. Certificate of Congratulations - Dover Air Force Base 3. Presentations A. Dover Sun Park B. The Greater Dover Committee 4. Rezoning Request - Public Hearing/Final Reading of Proposed Ordinance #2011-18 Property located at 601 Fulton Street, consisting of .486+/- acres, owned by Harrington Commercial, LLC. The property is currently zoned M (Manufacturing) and the proposed zoning is C-3 (Service Commercial). Copies of the proposed ordinance are available at the entrance of the Council Chambers. The First Reading of the proposed ordinance was accomplished during the Council Meeting of July 25, 2011. (TAX PARCEL: ED-05-076.08-01-14.00-000, FOURTH COUNCIL DISTRICT ; PLANNING REFERENCE : Z-11-05) A. AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 601 FULTON STREET

Council Agenda - September 12, 2011 Page 2 * 5. Utility Committee Report - August 22, 2011 A. Discussion - Informational Presentation by Delaware Electric Cooperative (Committee Recommended That the City Proceed with a Request for Proposals (RFP) for an Independent Study to Be Conducted by an Entity That Is Not Currently or Planned to Be Associated with the City of Dover, the Delaware Electric Cooperative (DEC), or Any Other Local Electric Company, to Determine the Feasibility of the City Remaining in the Electric Business, the Possibility of Getting Out of the Electric Business, and the Anticipated Ramifications of Either Approach) B. Discussion - Infrastructure Improvements to the Garrison Tract (Committee Action Not Required) C. Review of Utility Related Capital Investment Plan (CIP) (Electric and Water/Wastewater) (Committee Recommended Acceptance of the Report) D. PACE/NAES Monthly Report (May and June) (Committee Recommended Acceptance of the Report) 6. Legislative, Finance, and Administration Committee Report - August 22, 2011 * A. Review and Recommendation - Filling Critical Positions (Committee Action Not Required) * B. Review of Draft Analysis of Impediments to Fair Housing Choice (Committee Recommended Approval of the Report Recommendations) C. Discussion - Hotel/Motel Tax (Committee Made No Recommendation) * D. Law Enforcement Training for Fire Marshal (Deferred by Committee Due to Time Constraints) * E. Discontinuation of Pay for Performance (PFP) Evaluation Form (Deferred by Committee Due to Time Constraints) * F. Proposed Resolution No. 2011-11 - Request to General Assembly to Amend the City of Dover Charter - Length of Terms for Mayor and Council (Deferred by Committee Due to Time Constraints) * G. Implementation of Social Media Policy (Deferred by Committee Due to Time Constraints) * H. Public Comment Period (Deferred by Committee Due to Time Constraints) * 7. Safety Advisory and Transportation Committee Report - August 24, 2011 A. Updates (Committee Action Not Required) B. Briefing on Delaware Department of Transportation (DelDOT) Projects (Committee Action Not Required) C. Briefing on Dover/Kent County Metropolitan Planning Organization (MPO) Projects (Committee Action Not Required) D. Proposed Ordinance #2011-22 - Chapter 106 - Traffic and Vehicles, Article III - Stopping, Standing and Parking, Division 2 - Metered Parking Related to Immobilization of Vehicles (See Item #11) (Committee Recommended Adoption of Ordinance) E. Discussion - Alcohol Control Measures (Committee Action Not Required) F. Prioritization of City of Dover State Capital Transportation Program (CTP) Projects (Committee Recommended Approval of the Prioritization of City of Dover State Capital Transportation Program (CTP) Projects, as Recommended by Staff)

Council Agenda - September 12, 2011 Page 3 8. Legislative, Finance, and Administration Committee Report - September 12, 2011 (Except for the following time sensitive issue, the LF&A Committee Report from September 12, 2011 will be presented to Council during their Regular M eeting of September 26, 2011 for Council’s review and consideration) A. Law Enforcement Training for Fire Marshal * 9. Monthly Reports - July 2011 A. Budget Report E. City Planner’s Report B. Chief of Police Report F. Dover Fire Department Report C. City Assessor’s Report D. City Manager’s Report * 10. Appointments Recommended by Council President Leary - Salary and Benefits Compensation Comparison Committee A. Prameela Kaza B. Margaret McKay 11. First Reading - Proposed Ordinance The First Reading is offered on Proposed Ordinance #2011-22. Final action by Council will take place during the Second Reading of the ordinances on September 26, 2011. 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. Chapter 106 - Traffic and Vehicles, Article III - Stopping, Standing and Parking, Division 2 - Metered Parking Related to Immobilization of Vehicles (Safety Advisory and Transportation Committee) 12. Final Reading - Proposed Ordinance The First Reading of Proposed Ordinance #2011-20 was accomplished during the Council Meeting of August 22, 2011. Copies of the proposed ordinance are available at the entrance of the Council Chambers. A. Chapter 110 - Utilities, Article III - Water Service, Division 1 - Generally, Section 110-67 - Private Wells 13. Council Members Announcements /tm S:\AGENDAS & MINUTES\Council-Agendas\2011\09-12-2011.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 August 22, 2011 at 7:30 p.m. with Council President Leary presiding. Council members present were Mr. Anderson, Mrs. Russell, Dr. McGlumphy, Mr. Lynn, Mr. Bonar, Mrs. Williams, and Mr. Hutchison. Mr. Hare was absent. Council staff members present were Police Chief Hosfelt, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Mr. Koenig, Deputy City Solicitor Pepper, and Mrs. Stein. Mayor Carey was also present. OPEN FORUM The Open Forum was held at 7:17 p.m., prior to commencement of the Official Council Meeting. Council President Leary 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 Chaplain Dixon, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Due to the absence of Mr. Nathan Hanson, LS Power Development, Mr. Leary requested that Item #2, Presentation - Dover Sun Park, be deleted from the agenda. Mr. Bonar moved for approval of the agenda as amended, seconded by Mr. Hutchison and unanimously carried. Mr. Hutchison moved for approval of the consent agenda as presented, seconded by Dr. McGlumphy and carried by a roll call vote of six (6) yes, two (2) no (Mr. Anderson and Mrs. Russell), and one (1) absent (Mr. Hare). ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 8, 2011 By consent agenda, Mr. Hutchison moved for approval of the Minutes of the Regular Council Meeting of August 8, 2011, seconded by Dr. McGlumphy and carried by a roll call vote of six (6) yes, two (2) no (Mr. Anderson and Mrs. Russell), and one (1) absent (Mr. Hare) and bore the written approval of Mayor Carey. ADOPTION OF MINUTES - SPECIAL COUNCIL MEETING OF AUGUST 8, 2011 By consent agenda, Mr. Hutchison moved for approval of the Minutes of the Special Council Meeting of August 8, 2011, seconded by Dr. McGlumphy and carried by a roll call vote of six (6) yes, two (2) no (Mr. Anderson and Mrs. Russell), and one (1) absent (Mr. Hare) and bore the written approval of Mayor Carey.

CITY COUNCIL MEETING OF AUGUST 22, 2011 PAGE 2 PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - AUGUST 8, 2011 The Parks, Recreation, and Community Enhancement Committee met on August 8, 2011 with Chairwoman Russell presiding. Bus Tour of Community Development Block Grant (CDBG) and Neighborhood Stabilization Program (NSP) Projects Members attended a bus tour which visited sites within the City that were improved (or are in the process of being improved) utilizing funds received through the Community Development Block Grant (CDBG) Program and the Neighborhood Stabilization Program (NSP). Sites visited included the following: 1. Dover Interfaith Mission to the Homeless (684 Forest Street) The shelter received $60,000 in CDBG funding to renovate an existing building that serves up to 150 homeless men annually. Before the renovations, there were five (5) separate office buildings that were utilized as separate businesses. Since the renovations, the shelter has been converted into one (1) large facility that includes an intake office in the front of the building, living quarters for the men, a dining room, and a large kitchen. 2. 49 South Kirkwood Street CDBG funds were utilized to renovate a single family home to install a heating system and fully renovate the bathroom, which included the installation of a bathtub, vanity, and toilet. 3. Downtown Streets Project CDBG funds were utilized to reconstruct the streets and curbs in the Downtown Target Area. The streets that were repaired include South New Street, North New Street, North Queen Street, and North Kirkwood Street. 4. Habitat for Humanity (101 Jefferson Court) Habitat for Humanity purchased 101 Jefferson Court to renovate for affordable housing for a low-income family. Habitat received a CDBG grant for $40,000 to assist with the cost of fully renovating this home and bringing it up to code. This home was sold on Februrary 23, 2011 to a family who had been living in a shelter. 5. 218 Ann Avenue (NSP) This home was purchased by the Dover Housing Authority, the sub-grantee of the City’s Neighborhood Stabilization Program (NSP), whose role is to acquire foreclosed properties, renovate them, and re-sell them to qualified families. This property was the first home sold through the NSP Program, which made homeownership possible for a former subsidized housing resident. 6. Mitscher Road Streets Project In 2009, the City received American Recovery and Reinvestment Act (ARRA) funding in the amount of $73,000 to be utilized for infrastructure projects in the city. ARRA funding was used for the construction of sidewalks on Mitscher Road.

CITY COUNCIL MEETING OF AUGUST 22, 2011 PAGE 3 7. Dover Parks and Recreation (White Oak Road Location) CDBG funds were utilized to make this facility handicapped accessible. The sidewalks from White Oak Road to the pavilion were made accessible for wheelchair entry to the park. Entrance doors to the facility were also made handicapped accessible. 8. 1415 S. Hancock Avenue (NSP) This home was recently purchased by Dover Housing Authority and is currently under renovation to be sold to a qualifying family. 9. 1430 S. Hancock Avenue (NSP) This home was purchased by Connections Community Support Program and will be utilized as a rental property that will serve persons with disabilities. By consent agenda, Mr. Hutchison moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Dr. McGlumphy and carried by a roll call vote of six (6) yes, two (2) no (Mr. Anderson and Mrs. Russell), and one (1) absent (Mr. Hare). UTILITY COMMITTEE REPORT - AUGUST 8, 2011 The Utility Committee met on August 8, 2011 with Chairman Bonar presiding. PACE/NAES Monthly Report (May) The PACE/NAES Monthly Report for May 2011 was provided to members to enable them to monitor electric sales and revenues received, which will provide a better understanding of any fluctuations that occur and allow the opportunity to make improvements if deemed necessary. Mr. Scott Koenig, Interim City Manager, indicated that the June report will be the last from PACE/NAES, reminding members that the agreement with The Energy Authority (TEA) has been completed and services began on July 1, 2011. Mr. Blakeman noted that a line item budget is currently provided for the power supply and power plant. He suggested that a summary of line items be included when the monthly report is submitted. Responding, Mr. Koenig stated that TEA indicated that they plan to refashion the monthly report and that he would advise them of this request. The Committee recommended acceptance of the PACE/NAES Monthly Report for May 2011. By consent agenda, Mr. Hutchison moved for approval of the Committee’s recommendation, seconded by Dr. McGlumphy and carried by a roll call vote of six (6) yes, two (2) no (Mr. Anderson and Mrs. Russell), and one (1) absent (Mr. Hare). Update - Green Energy Funding and Programming Mr. Scott Koenig, Interim City Manager, noted that there is currently a $74,239.46 deficit in the Green Energy Fund. He stated that as funds are received this deficit will be eliminated, since project owners are not reimbursed until the funds become available.

CITY COUNCIL MEETING OF AUGUST 22, 2011 PAGE 4 Responding to Mr. Bonar, Mr. Koenig stated that he believed there was typically a six (6) month time lapse before the City received reimbursement; however, he indicated that he would need to confirm this time frame. Mr. Bonar requested that staff submit a letter to the Delaware Municipal Electric Corporation, Inc. (DEMEC) to inquire as to the average turnaround time and the reason for such a delay, and to request an itemized list of those projects that are pending reimbursement. He advised members that he was aware of several instances when projects (outside of the City) were funded and an inordinate amount of time elapsed after paperwork was submitted, and that paperwork has sometimes been lost. Mr. Bonar indicated that some citizens have been “shorted” under this program and he wanted to ensure that the City does not experience this. He stated that, according to an investigation he performed during the last six (6) months, there is a significant concern with these reimbursements. Mr. Bonar requested staff to provide members with an update on this issue. Proposed Ordinance #2011-20 - Chapter 110 - Utilities, Article III - Water Service, Division 1 - Generally, Section 110-67 - Private Wells Members reviewed a proposed ordinance that would prohibit new private shallow wells within the City of Dover. Mr. Scott Koenig, Interim City Manager, advised members that this prohibition will protect the water resources of the unconfined aquifer from which the City draws a portion of its water supply, as well as protect the City’s Certificate of Public Convenience & Necessity (CPCN). He noted that, currently, private shallow wells, for irrigation purposes in particular, are permitted in accordance with certain criteria specified in the Code. In addition, Mr. Koenig stated that geothermal technology for heating and cooling is an emerging technology that was not contemplated when this section of the code was implemented. Geothermal systems require well permits from the Delaware Department of Natural Resources and Environmental Control (DNREC), although they do not draw water from the ground. The proposed ordinance would clarify that wells associated with the installation of closed loop geothermal systems are permitted within the City of Dover in accordance with specified criteria. Staff recommended adoption of Proposed Ordinance #2011-20. Responding to Mr. Hare, Mr. Koenig stated that the City is aware of the location of the shallow wells. He indicated that there is a requirement for an annual report to be submitted to the City indicating usage and that the City will need to conduct inspections. Mr. Hutchison questioned the alternatives available to property owners. Responding, Mr. Koenig stated that if a private well is not permitted, owners could utilize their current water service for lawn irrigation, or a second water meter could be installed to prevent paying for sewer usage on the service to the house. He noted that the private shallow wells have served as another option for owners. In response to Mr. Anderson, Mr. Koenig explained that every time someone drills down into the aquifer, there is potential for current or future contamination. He stated the proposed ordinance has a dual purpose: to protect the City’s interests and investments and to prevent possible contamination of the aquifer.

CITY COUNCIL MEETING OF AUGUST 22, 2011 PAGE 5 The Committee recommended adoption of Proposed Ordinance #2011-20, as recommended by staff. By consent agenda, Mr. Hutchison moved for approval of the Committee’s recommendation, seconded by Dr. McGlumphy and carried by a roll call vote of six (6) yes, two (2) no (Mr. Anderson and Mrs. Russell), and one (1) absent (Mr. Hare). (The First Reading of Proposed Ordinance #2011-20 will take place during the latter part of the meeting.) By consent agenda, Mr. Hutchison moved for acceptance of the Utility Committee Report, seconded by Dr. McGlumphy and carried by a roll call vote of six (6) yes, two (2) no (Mr. Anderson and Mrs. Russell), and one (1) absent (Mr. Hare). LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - AUGUST 8, 2011 The Legislative, Finance, and Administration Committee met on August 8, 2011 with Chairman McGlumphy presiding. Reconsideration of Review and Recommendation - Filling of Critical Positions as a Standing Agenda Item and Review of Necessary Documentation for Requests for Filling Critical Positions Members were reminded that during their Regular Meeting of March 9, 2009, City Council approved the Legislative, Finance, and Administration Committee’s recommendation to approve a 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, in order to avoid issues involving prior notice for agenda items, there could be a "standing" agenda item to consider the filling of critical positions and, if there were no positions to consider, the item could be removed. In light of the current economic conditions, Dr. McGlumphy, Chair of the Legislative, Finance, and Administration Committee requested that members reconsider retaining the Filling of Critical Positions as a standing item on the agenda and instead adopt the following process with regard to vacancies: < If a position becomes vacant that will affect public or employee safety or cause financial harm to the City, Permission to Recruit, Hiring Justification Outline, and Wage and Benefit Information for Employee Hiring and Transfers forms will be submitted to the Legislative, Finance, and Administrative Committee. < The justification to fill a position is to include the exiting employee's salary and benefits, estimated salary and benefits for the new employee, and how the department will fund this position within the realm of their current budget for salary and benefits, with cost to include any vacation, sick leave, or compensatory time paid out to the exiting employee. If the department cannot cover the cost due to terminal leave or lump sum payouts, then the position cannot be filled until such time as the cost can be covered in the current budget.

CITY COUNCIL MEETING OF AUGUST 22, 2011 PAGE 6 < If Council decides to cover the cost overages, then the method of funding is to be determined by the City Manager, Council, or the Council/Mayor appointee. < To fill the needs of a department that has vacancies, staff from other departments or staff within the department that has vacancies will be utilized while Council is working through the current and future budget constraints. Dr. McGlumphy requested that the Filling of Critical Positions be removed as a standing agenda item and the affirmation and adoption of the current and proposed hiring process. It was his opinion that this process would provide more transparency and accountability within departments. The Committee recommended removing the Filling of Critical Positions as a standing agenda item and affirmation and adoption of the current and proposed hiring process for filling vacant or new positions, including submission of a Permission to Recruit Form, a Hiring Justification Outline Form, and a Wage and Benefit Information for Employee Hiring and Transfers Form. By consent agenda, Mr. Hutchison moved for approval of the Committee’s recommendation to remove the Filling of Critical Positions as a standing agenda item and to affirm and adopt the current and proposed hiring process for filling vacant or new positions, including submission of a Permission to Recruit Form (Exhibit #1), A Hiring Justification Outline Form (Exhibit #2), and a Wage and Benefit Information for Employee Hiring and Transfers Form (Exhibit #3), seconded by Dr. McGlumphy and carried by a roll call vote of six (6) yes, two (2) no (Mr. Anderson and Mrs. Russell), and one (1) absent (Mr. Hare). Formation of Salary and Benefits Compensation Comparison Committee Mr. Hare proposed the formation of a Salary and Benefits Compensation Comparison Committee to compare salary and benefit information from approximately ten (10) municipalities in the State of Delaware: New Castle, Sussex, and Kent Counties and the cities/towns of Wilmington, Newark, Middletown, Smyrna, Lewes, Seaford, Milford, and Dover. He stated that, to his knowledge, such research has never been conducted and he felt that such information would be useful, particularly with union contract negotiations scheduled for the near future. Mr. Hare suggested that this Committee consist of five (5) members from varied backgrounds and advised members that individuals have already been selected to serve on the Committee and have agreed to participate. Responding to Mr. Shevock, Dr. McGlumphy stated that a Health Benefits Committee has been formed and a meeting is scheduled for the week of August 15, 2011. Mrs. Donna Mitchell, Controller/Treasurer, explained that the Health Benefits Committee was formed specifically to review medical insurance options due to new accounting standards affecting Other Post Employment Benefits (OPEB) liability. Mr. Shevock questioned if these committees should be combined. Responding, Dr. McGlumphy stated that the committees would have separate responsibilities, explaining that the Salary and Benefits Compensation Comparison Committee would be established to review salary and benefit information similar to that provided previously through the MAG Pay-For-Performance Study; however, rather than utilizing corresponding municipalities in other states, the desire is to determine how the City compares with local municipalities. He reminded members that this recommendation was made during the recent Budget Hearings.

CITY COUNCIL MEETING OF AUGUST 22, 2011 PAGE 7 Mr. Anderson inquired if the Committee would be temporary in nature, how members would be selected, and to whom the Committee would report. Responding, Mr. Hare felt that the Committee would be temporary; however, if there is a need for such research in the future, another committee could be established. He stated that the Committee’s findings would be reported to the Legislative, Finance, and Administration Committee and that the individuals proposed for membership have varied backgrounds in human resources, business, law, and accounting. Mr. Anderson indicated his support for obtaining such information outside of the constraints of a timeline associated with the budget development process. However, it was his feeling that the goal for reviewing this information should not be to compete in a “race to the bottom” in establishing salary levels and that the City’s pay scale should remain competitive. Mr. Lester Blakeman (former City Electric Director) advised members that, in the past, no such comparison has been performed for Electric Department employees. He explained that no other municipality in Delaware has a utility the size of the City’s; therefore, there is no comparable electrical function on the Delmarva Peninsula. Responding, Mr. Bonar stated that there are a few utility organizations in the State of Delaware with comparable positions and suggested obtaining information from Delmarva Power and the Delaware Electric Cooperative. Responding to Mrs. Kim Hawkins, Human Resources Director, Mr. Hare stated that the research would be conducted on all levels within the City (to include both bargaining and non-bargaining employees). Dr. McGlumphy stated that five (5) individuals have agreed to serve on the proposed Committee; however, members would not be appointed until Council authorizes the formation of the Committee. Mrs. Hawkins questioned how the membership selection process occurred. Responding, Dr. McGlumphy stated that two (2) of the proposed members are presently serving on the City’s Compensation Commission and the other three (3) members are from the community. Mr. Scott Koenig, Interim City Manager, informed members of a website (Sperling’s Best Places at www.bestplaces.net/col) that compares cost of living and salaries. He requested that this website be used as a tool to compare “apples to apples” when the Committee is reviewing the data obtained. Mrs. Ann Marie Townshend, Director of Planning and Community Development, noted that the City of Newark is the only municipality in Delaware that compares to the City of Dover in terms of population. In addition, she noted that the City of Milford outsources their engineering work and, although they have a Planner, some of their planning functions are also outsourced. Mrs. Townshend noted that the City of Harrington outsources all planning and has a consultant who performs all planning activities. She expressed her concern that positions in smaller towns perform very different functions from those within the City of Dover. She questioned if the size of the population served would be considered when assessing each position’s level of responsibility. Responding, Mr. Hare stated that the Committee members would be provided a charge and felt confident that they would take such issues into consideration. Mr. Anderson requested that the salaries and benefits of State of Delaware employees also be considered when conducting the comparison.

CITY COUNCIL MEETING OF AUGUST 22, 2011 PAGE 8 Dr. Jones suggested that if the proposed Committee is formed, their charge will be stated and all discussions, considerations, and concerns could be addressed at that time. Mr. Anderson requested that the minutes of this meeting be forwarded to members of the proposed Committee for their review and consideration. Dr. McGlumphy requested that staff compile minutes of all meetings of the Legislative, Finance, and Administration Committee during the past year which included discussion of salaries and benefits and provide them to members of the proposed Salary and Benefits Compensation Comparison Committee. In addition, he requested that the Human Resources Director provide members of the proposed Committee with any additional information that would be beneficial in their consideration of this matter. The Committee recommended approval of the formation of a Salary and Benefits Compensation Comparison Committee. Dr. McGlumphy noted that appointment of the individuals recommended to serve on this committee was scheduled to take place during the latter part of the meeting. He advised members that those recommended for appointment have various backgrounds in human resources, business, law, and accounting. Dr. McGlumphy moved to recommend approval of the Committee’s recommendation, seconded by Mrs. Williams. Mr. Lynn concurred with the formation of a Salary and Benefits Compensation Comparison Committee; however, expressed concerns regarding the individuals recommended to serve as members; therefore, he stated that he would express his objections during the consideration of Item #7 on the agenda. He indicated that he would like assurance that the proposed Committee would provide recommendations that are intellectually honest, fair, and even-handed. The motion to approve the formation of a Salary and Benefits Compensation Comparison Committee, as recommended by the Committee, was unanimously carried. Proposed Ordinance #2011-21 - Appendix B - Zoning, Article 3 - District Regulations, Section 1 - One Family Residence Zones, Subsection 1.15 - Accessory Uses, Limited to and Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 1 - Supplementary Regulations Applying to Residence Zones Mrs. Ann Marie Townshend, Director of Planning and Community Development, presented a proposed Ordinance amending Appendix B - Zoning, Article 3 - District Regulations, Section 1 - One Family Residence Zones, as it relates to the keeping of animals in one-family residence zones, and Article 5 - Supplementary Regulations, relating to swimming pools in residence zones. Mrs. Townshend explained that the proposed Ordinance would prohibit the keeping of farm animals and establish a maximum number of cats (five (5)) in a one-family residence zone. She advised members that currently, the Zoning Ordinance allows for keeping up to 25 fowl, up to three (3) dogs over six (6) months old, and sets no limit on cats. Mrs. Townshend explained that, as the City has

CITY COUNCIL MEETING OF AUGUST 22, 2011 PAGE 9 become more urbanized, the allowance for up to 25 fowl and the absence of a maximum number of cats have become outdated. In addition, Mrs. Townshend explained that the proposed Ordinance would move the regulations regarding swimming pools from Article 3 - District Regulations, to Article 5 - Supplementary Regulations. She stated that the proposed amendment would more closely align the regulations regarding swimming pools with the provisions of the Building Code. Mrs. Townshend advised members that conflicts between the two (2) codes have been a source of confusion for residents in recent years. Staff recommended adoption of Proposed Ordinance #2011-21. Rather than prohibiting farm animals in one-family residence zones, Mr. Hare suggested the need to prohibit the keeping of farm animals within City limits. He stated that he was aware of a business that is adjacent to a residential zone that has chickens. Mrs. Townshend noted that the City has an agricultural zone that allows for farm animals. Mr. Hare felt that the agricultural zone should be an exception. Responding, Mrs. Townshend suggested that, in addition to the proposed amendment, there could be an amendment to the Supplementary Regulations that the “keeping of farm animals in any zone except the Agricultural Zone shall be prohibited.” Responding to Mr. Bonar, Mrs. Townshend confirmed that if a City resident currently raises chickens for organic eggs, they would be given 12 months before the ordinance goes into effect. Although he felt the intent of the proposed Ordinance was very good, Mr. Bonar suggested that staff conduct additional research. Mr. Anderson expressed his opposition to the proposed Ordinance, explaining that the raising of chickens is a part of the culture of some City residents. He stated his concern with the current economy and felt that there may be a need to allow for individuals to raise their own food, which the proposed ordinance would prohibit. With regards to the number of cats and dogs permitted, Mr. Anderson did not feel that it was within the realm of the government to make such a determination if it does not affect others. He also questioned the City’s ability to enforce the rules that would be created if the Ordinance were adopted. In response to Mr. Shevock, Mrs. Townshend stated that adoption of the proposed Ordinance, as presented, would not affect Delaware State University (DSU); however, if members approve an amendment to the Supplementary Regulations to expand prohibiting farm animals in any zone except the Agricultural Zone, DSU would be affected. Mr. Shevock suggested that if DSU has a program involving farm animals, an exemption for the University should be included. In addition, he suggested that the number of cats and dogs should be equal and relayed concern regarding breeders of pedigreed dogs, stating that these dogs may produce puppies that may not sell within a specific time period. In addition, he suggested that individuals who currently have farm animals be “grandfathered” and not subject to the proposed Ordinance.

CITY COUNCIL MEETING OF AUGUST 22, 2011 PAGE 10 Concurring with Mr. Anderson, Mrs. Russell advised members that there are several residents of the Fourth District that have farm animals and, to her knowledge, this has not created any problems. She relayed her opposition, feeling that the proposed Ordinance is directed toward certain individuals and that there are instances when having farm animals or raising pets is a means of “making ends meet.” As a result of the concerns relayed, Mr. Bonar suggested that the Committee table action to allow staff to redraft the proposed Ordinance. Mr. Anderson requested the division of the question for Ordinance #2011-21 so that Article 3 - District Regulations, Section 1 - One Family Residence Zones, relating to keeping of animals in one-family residence zones, be separated from the proposed amendments to Article 3 and Article 5 - Supplementary Regulations, regarding swimming pools in residence zones. The Committee recommended that Article 3 - District Regulations, Section 1 - One Family Residence Zones (relating to keeping of animals in one-family residence zones) be referred back to staff for additional research and development. By consent agenda, Mr. Hutchison moved for approval of the Committee’s recommendation, seconded by Dr. McGlumphy and carried by a roll call vote of six (6) yes, two (2) no (Mr. Anderson and Mrs. Russell), and one (1) absent (Mr. Hare). Referring to the proposed amendment to Paragraph (b) of Article 3 - District Regulations, Section 1 - One Family Residence Zone and Article 5 - Supplementary Regulations, Mrs. Townshend explained that the amendment would move the regulations for swimming pools to the supplementary regulations for residence zones. She stated that the proposed amendment aligns the zoning requirements for pools with the building code requirements, which she felt was more logical. As an example, Mrs. Townshend explained that the Residence Zone allows for accessory structures; however, the Supplementary Regulations provide the details of such structures. She noted that the proposed amendment also includes the deletion of a portion of Paragraph (g) - Customary Home Occupations and explained that the referenced section is no longer in existence. Responding to Mr. Anderson, Mrs. Townshend stated that the building code requires a four (4) foot safety barrier for swimming pools and the zoning ordinance requires a five (5) foot screening for swimming pools. This conflict is causing confusion for those erecting swimming pools and has become problematic during the past few years. Mrs. Russell felt that the language in the Dover Code is confusing and suggested that staff reword the amendment to provide a better understanding. The Committee recommended adoption of Proposed Ordinance #2011-21, amending Article 3 - District Regulations, Section 1 - One Family Residence Zone and Article 5 - Supplementary Regulations as it relates to swimming pools, as amended.

CITY COUNCIL MEETING OF AUGUST 22, 2011 PAGE 11 By consent agenda, Mr. Hutchison moved for approval of the Committee’s recommendation, seconded by Dr. McGlumphy and carried by a roll call vote of six (6) yes, two (2) no (Mr. Anderson and Mrs. Russell), and one (1) absent (Mr. Hare). (The First Reading of Proposed Ordinance #2011-21 will take place during the latter part of the meeting.) Amendment to Personnel Policy - Compensatory Time Mr. Scott Koenig, Interim City Manager, advised members that with the implementation of ADP, it is necessary to create a simplified, City-wide policy for compensatory (comp) time. He stated that during a staff meeting on July 12, 2011, the general consensus was to eliminate the 90-day time limit and implement a maximum accumulation. Members were provided the proposed amendments to Article III - The Pay Plan, Section 9 - Overtime. Staff recommended approval of revised Section 9 - Overtime in the City of Dover Personnel Policy as presented. Mr. Anderson questioned why bargaining employees are provided comp time at 1½ times the number of hours worked and non-bargaining (exempt) employees accumulate comp time at a 1 to 1 rate. Responding, Mr. Koenig stated that the Fair Labor Standards Act (FLSA) determines those employees who are exempt from the provisions of the Act and those who are not. The rates for earning comp time are based on whether an employee is exempt or non-exempt from the FLSA. Only non-bargaining, non-exempt employees receive the 1½ time rate. In response to Dr. Jones, Mr. Koenig stated that a standard work week consists of 40 hours; however, special schedules for employees such as police officers and fire and police dispatchers may require more than 40 hours per week. He stated that employees have varying schedules, depending on the department for which they work. He confirmed that there could be employees in the same job classification in different departments who work different schedules. Dr. Jones relayed concern that eliminating the time frame for requiring the use of comp time earned could have a major impact on the budget. Responding to Mr. Hare, Mr. Koenig stated his opinion that a City Manager is a contract employee and not eligible for comp time. With regard to other department heads, he stated his opinion that if the employee works ½ hour late to finish a job or project, this would not qualify for comp time; however, if the department was required to attend an evening meeting, this would qualify for comp time. Dr. McGlumphy relayed concern with providing comp time for management employees, including department heads. Disagreeing, Mr. Bonar advised members that he, as a management State employee, is provided comp time; however, he is required to take the time within a certain time period and may not carry forward any more than a certain number of hours (26 hours). He suggested that City employees be required to take the time within a certain time period (perhaps during the next pay cycle) and not be permitted to “bank” the time.

CITY COUNCIL MEETING OF AUGUST 22, 2011 PAGE 12 Responding to concerns relayed by Mr. Bonar, Mr. Koenig stated that such requirements would create difficulties in several departments, such as the Police Department and City Clerk’s Office. Such requirements would drastically change the way comp time is currently accounted for and would probably create operational concerns for several departments. In regard to the concerns of Mr. Hare regarding “management” employees, Mr. Koenig stated that the distinction is between exempt and non-exempt employees, explaining that some management, non-bargaining employees are exempt and others non-exempt. Mr. Hare stated his opinion that comp time should be eliminated completely and that employees should be provided overtime pay. He stated he felt that department heads should manage their departments and be responsible for their budgets. Mr. Hare indicated he had never heard of upper management being provided comp time and that these employees have always been able to adjust their workday based on employee and personal needs. Responding to concerns of Mrs. Russell, Mr. Koenig indicated that the proposal would provide for accumulation of a maximum of 80 hours for comp time, thus limiting the City’s exposure to 80 hours. He noted that for exempt employees, the procedure specifies that any accumulated comp time shall be forfeited upon employment ending. Mrs. Russell stated her concern that there are different rules for different employees, feeling that all employees should be treated equally in this regard. In response to Dr. McGlumphy, Mr. Koenig confirmed that the proposed amendments would allow for the City to begin utilizing the ADP system and that adjustments could be made subsequently. Dr. McGlumphy felt that it would benefit the City to have the comp time module of the ADP system implemented and then, once up and running, have staff conduct a cost/benefit analysis to determine whether or not comp time should be provided or if it should be transferred to overtime. He reminded members that many of the employee benefits provided by the City are based on salary and overtime. Noting that the Committee previously recommended the formation of a Salary and Benefits Compensation Comparison Committee, Mr. Hutchison suggested that this matter be referred to that Committee for their review and recommendation. Responding to Mr. Shevock, Mrs. Mitchell, Controller/Treasurer, indicated that although staff can move forward with the ADP System, they would not include information for the comp time module at this time. She noted the purpose of utilizing ADP for comp time is to eliminate manual tracking. Mrs. Mitchell explained that ADP has a schedule and must show an employee as either sick, on vacation, working, or on comp time. Since there would be no comp time in the ADP system, she stated that it will be necessary to show the employee as working when they are utilizing comp time. Mrs. Mitchell estimated that the City should be utilizing the time and attendance module by the end of August and stated that Human Resources (HR) and Payroll modules of the ADP system have been in place since January.

CITY COUNCIL MEETING OF AUGUST 22, 2011 PAGE 13 In response to Dr. Jones, Mrs. Hawkins, Human Resources Director, indicated that the last comprehensive review of the Employee Handbook was conducted in 2004 after a 20-year lag. She stated that such a review has been one of her goals and that it is approximately 60% complete. Responding to Mrs. Russell, Mrs. Hawkins indicated that once a comprehensive review is completed by staff, it will be forwarded to the Committee for review. She noted that the review conducted by the Committee in 2004 was quite extensive. The Committee recommended tabling the matter, with the intent that members be provided an opportunity to discuss this issue further over the next two (2) weeks and resolve difficulties, with the intent of possible implementation prior to the end of the August 2011. Dr. McGlumphy stated that the delay in the comp time module should not affect staff’s ability to move forward with the implementation of the time and attendance module of the ADP system. By consent agenda, Mr. Hutchison moved for approval of the Committee’s recommendation to table the matter, seconded by Dr. McGlumphy and carried by a roll call vote of six (6) yes, two (2) no (Mr. Anderson and Mrs. Russell), and one (1) absent (Mr. Hare). Review of Grant Application - FY08 Mobile Field Force Development Grant Program (DEMA BearCat) Members reviewed a Grant Application Analysis Form for the Delaware Emergency Management Agency (DEMA) - FY08 Mobile Field Force Development Grant Program. Police Chief James Hosfelt advised members that this grant would allow for the purchase of one (1) Lenco BearCat Armored Vehicle. He explained that this is a vehicle asset that would be purchased by the Delaware Emergency Management Agency (DEMA) for the Dover Police Department using funds received from the Federal Emergency Management Agency (FEMA). Chief Hoselt stated that the funds for this purchase were reallocated from reverted funds previously awarded to the Delaware State Police and that DEMA would complete all purchase actions for the vehicle awarded through this grant, in the amount of $235,089, and that the vehicle would be provided to the Dover Police Department for use. Chief Hosfelt indicated that the vehicle to be supplied is a Lenco BearCat Armored 4WD vehicle which is a specialized vehicle that runs on a V10 gasoline powered engine using regular unleaded fuel. It is capable of detecting radiation and explosive gases as well as providing protection for passengers from live fire rounds. Staff recommended approval of the project and to allow for the purchase of one (1) Lenco BearCat Armored Vehicle by DEMA. The Committee recommended approval of staff’s recommendation to allow for the purchase of one (1) Lenco BearCat armored vehicle by the Delaware Emergency Management Agency (DEMA) for the use of the Dover Police Department.

CITY COUNCIL MEETING OF AUGUST 22, 2011 PAGE 14 By consent agenda, Mr. Hutchison moved for approval of the Committee’s recommendation, seconded by Dr. McGlumphy and carried by a roll call vote of six (6) yes, two (2) no (Mr. Anderson and Mrs. Russell), and one (1) absent (Mr. Hare). Discussion - Review of Other City of Dover Insurances Mr. Hare suggested that the City issue a Request for Proposals (RFP) to review the other City of Dover insurances (commercial, property, auto, etc.). Responding, Mrs. Kim Hawkins, Human Resources Director, stated that the commercial and power plant policies are bid each year by a broker and assured members that the broker is active in this regard. Mr. Hare felt that all insurances should be bid at a minimum of every two (2) years and that different brokers should be utilized. The Committee recommended that the City issue a Request for Proposals (RFP) for all City insurances. By consent agenda, Mr. Hutchison moved for approval of the Committee’s recommendation, seconded by Dr. McGlumphy and carried by a roll call vote of six (6) yes, two (2) no (Mr. Anderson and Mrs. Russell), and one (1) absent (Mr. Hare). Discussion - Health Insurance RFP Questions Mr. Hare questioned if the date for the Request for Proposals (RFP) will be extended for prospective bidders who sent information to the City, because they have not received information back yet. Responding, Mrs. Hawkins, Human Resources Director, stated that, as she has personally relayed to four (4) respondents who are intending to bid, August 12, 2011, was the deadline for questions. She explained that the questions will be gathered and submitted to the State of Delaware in one (1) timely submission rather than piecemeal through the RFP process. Mrs. Hawkins indicated that, once submitted to the State, the State will provide an estimated turnaround time, since some of the data will be provided by the carriers (Blue Cross and Aetna). The date for the RFP was published as August 31, 2011, and Mrs. Hawkins advised bidders that this date may be extended based on the turnaround time provided by the State. She assured members that the bidders will be provided ample time and that all those who have requested information as of the August 12, 2011 will be included in the extension. Public Comment Period Mr. Bob Hartman, 35 Lotus Street, stated his support for Mr. Koenig’s discussion regarding compensatory time, explaining his feeling that such a policy would provide the City an opportunity to save money. Dr. McGlumphy moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Hutchison and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF AUGUST 22, 2011 PAGE 15 MONTHLY REPORTS - JUNE 2011 By consent agenda, Mr. Hutchison moved for acceptance of the Monthly Capital Investment Plan (CIP) Report for June 2011, seconded by Dr. McGlumphy and carried by a unanimous roll call vote. Referring to the Budget Report, Mrs. Donna Mitchell, Controller/Treasurer, explained that since the June Report is the final report for the fiscal year, it should be considered preliminary since there may be revisions necessary as a result of the audit. Responding to Dr. McGlumphy, Mrs. Mitchell stated that the audit is usually completed in November/December and that the Budget Ordinance is presented soon after. Dr. McGlumphy moved for acceptance of the Budget Report for June 2011 as presented, seconded by Mr. Anderson and unanimously carried. APPOINTMENTS RECOMMENDED BY THE LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE CHAIR - SALARY AND BENEFITS COMPENSATION COMPARISON COMMITTEE Dr. McGlumphy, Chairman of the Legislative, Finance, and Administration Committee, submitted recommendations for appointments to the Salary and Benefits Compensation Comparison Committee, as follows: 1) Richard Cook, 2) Tim Horne, 3) Mike Karia, 4) Alan Machtinger, and 5) Adam Perza. Dr. McGlumphy noted that a Salary and Benefits Compensation Comparison Committee was created earlier in the meeting, as recommended by the Legislative, Finance, and Administration Committee and approved by City Council. Dr. McGlumphy moved for approval of the appointments to serve on the Salary and Benefits Compensation Comparison Committee as submitted, seconded by Mrs. Williams. Mr. Lynn relayed concerns regarding the proposed appointees to the Committee. Due to the importance of the information to be collected by the Committee, he indicated a desire for an assurance that such information would be collected in a fair and even-handed manner. Noting that Mr. Horne’s resume was not provided, Mr. Lynn stated that the remaining resumes appeared to represent a very homogenous group of individuals. He indicated that no women nor African Americans were included and that all prospective members were ideologically aligned, with the exception of Mr. Machtinger. It was his feeling that these individuals were selected predicated on the belief that City workers make too much money, and that these five (5) individuals would present this same finding after reviewing the matter. Mr. Lynn suggested that this matter be delayed for two (2) weeks to allow members of Council to submit the names of additional potential appointees. He felt that this would ensure that the information collected and the findings of the Committee would be fair and balanced and would allow for Council to make impartial decisions. Otherwise, he felt that the membership of the Committee would be hand picked by certain individuals to mirror their own ideology.

CITY COUNCIL MEETING OF AUGUST 22, 2011 PAGE 16 Mr. Lynn moved to table the matter for two (2) weeks and open up the appointment process to allow all Council members the opportunity to submit the names of prospective appointees. The motion failed by a roll call vote of four (4) no, four (4) yes (Mrs. Russell, Mr. Lynn, Mr. Bonar, and Mr. Leary), and one (1) absent (Mr. Hare). Mr. Anderson noted that the work of the Committee would be to conduct research rather than to create policy. Although he understood the concerns relayed by Mr. Lynn, based on the resumes provided, he felt that the members were qualified to serve. Mr. Anderson moved to amend the motion for approval of the appointments to serve on the Salary and Benefits Compensation Comparison Committee as submitted to include two (2) additional members to be appointed by the Council President, for a total of seven (7) members. The motion was seconded by Mr. Bonar. Dr. McGlumphy expressed his disappointment with the comments regarding the possible partiality of the Committee. He explained that salary and compensation information was requested of staff in May and, due to the unprecedented work load, it was difficult for them to obtain the information in a timely manner. He explained that the Committee would be requested to provide specific information, without bias. It was his feeling that there was bias in the Management Advisory Group (MAG) and PAS Reports. On a call for the question by Mr. Hutchison, the motion to amend the motion for approval of the appointments to serve on the Salary and Benefits Compensation Comparison Committee as submitted by adding two (2) additional members to be appointed by the Council President was unanimously carried. The motion for approval of the appointments of Mr. Richard Cook, Mr. Tim Horne, Mr. Mike Karia, Mr. Alan Machtinger, and Mr. Adam Perza to serve on the Salary and Benefits Compensation Comparison Committee and for two (2) additional members to be appointed by the Council President was unanimously carried. EVALUATION OF BIDS - SCADA MASTER HARDWARE REPLACEMENT Mr. Scott Koenig, Interim City Manager, reminded members that the purpose of the System Control and Data Acquisition (SCADA) system is to monitor and control the Electric substations and the Wastewater lift stations. Staff recommended the replacement of the Master Station hardware, which is located in the Public Utilities Administration building and is the primary interface with the field facilities for the System Operators. He explained that the Master Station system is basically a proprietary, computer-based system that communicates with the Remote Terminal Unit field devices located in the substations and lift stations. The SCADA Master Station allows the operator to monitor and control devices in the City’s facilities. It monitors the Wastewater lift stations and provides the status of the pumps, generators, and electric service. It also communicates with the substations and provides load information, breaker status and control, and transformer loading and alarms. The system will alarm and notify the operator when the field devices are not performing within their designed parameters.

CITY COUNCIL MEETING OF AUGUST 22, 2011 PAGE 17 Mr. Koenig advised members that the existing Master Station has reached its normal life expectancy of six (6) years and has experienced one (1) major failure over the past year. Staff recommended purchasing the SCADA Master hardware from the sole vendor, Siemens Energy, Inc., for a total amount of $71,560. Mrs. Williams moved for approval of staff’s recommendation for the purchase of the SCADA Master hardware from the sole vendor, Siemens Energy, Inc., for a total amount of $71,560. The motion was seconded by Mr. Hutchison and carried by a unanimous roll call vote (Mr. Hare absent). EVALUATION OF BIDS - SUBSTATION PT & CT REPLACEMENT Mr. Scott Koenig, Interim City Manager, advised members that the Substation PT and CT Replacement Project will allow for the replacement of aging metering/system protection equipment in the older substations. He explained that the equipment to be replaced includes the Potential Transformers (PTs), which measure the line voltage and reduce it to a voltage level the relays can interpret, and the Current Transformers (CTs), which reduce the current to a level that can be safely measured by the relays and meters, all of which provide electric system protection. Additionally, he stated that the lightning arrestors, which protect the equipment during lightning strikes, will be replaced. All of the existing components have exceeded their useful life and are subject to failure, which could be catastrophic. Mr. Koenig reminded members that two (2) years ago, a Request for Proposals (RFP) was let which included a requirement that the prices be firm for three (3) years. The City received proposals from three (3) vendors, and one (1) vendor included five (5) different options and manufacturers to choose from. Since this was an RFP, staff evaluated the seven (7) submissions based on the price, reputation of the product, compliance with specifications, and delivery. A point system analysis was performed by Engineering Division Staff to adequately and impartially evaluate the proposals, with the goal of providing the best product and serving the interests of the City of Dover. A summary of the evaluations for each item was provided to members. Members were provided a summary of the staff’s recommended purchases, as follows: Eval. Vendor Unit $ Quantity Total $ Score 69 KV PT HD Supply/Ritz $4,836.84 21 $101,573.64 117 69 KV CT 100/200:5 HD Supply/Ritz $4,473.68 9 $40,263.12 117 69 KV CT 150/300:5 HD Supply/Ritz $4,473.68 3 $13,421.04 117 15 KV PT Double HD Supply/GE 8 Bushing $656.75 $5,254.00 112 15 KV CT 1200:5 HD Supply/GE $782.65 3 $2,347.95 112 54 KV Lightning Arrestor HD Supply/Siemens $573.68 27 $15,489.36 103 9 KV lightning Arrestor HD Supply/Siemens $168.42 33 $5,557.86 110 Total Bid Award Value $183,906.97 Staff recommended awarding the proposals to HD Supply for the total amount of $183,906.97, as outlined in the table provided.

CITY COUNCIL MEETING OF AUGUST 22, 2011 PAGE 18 Responding to Mr. Bonar regarding catastrophic situations, Mr. Steve Enss, Public Utilities Engineering Services and System Operations Supervisor, explained that the PTs and CTs are oil filled and, when reaching the end of their life, could potentially explode and cause a major outage. He stated that in these instances, the clean-up typically creates substantial costs. Mr. Bonar moved for approval of staff’s recommendation to award the proposals for the Substation PT and CT Replacement to HD Supply for the total amount of $183,906.97 (as outlined in the table provided). The motion was seconded by Mr. Lynn and carried by a unanimous roll call vote (Mr. Hare absent). REZONING REQUEST/FIRST READING OF PROPOSED ORDINANCE #2011-23 - PROPERTY LOCATED AT 327 MARTIN STREET, OWNED BY EJB, INC. A request was received to rezone property located at 327 Martin Street (on the east side of Martin Street and southeast of the intersection of Court Street and South DuPont Highway [Route 13]), consisting of 0.277+/-acres (11,744+/- S.F.) , owned by EJB, Inc. The property is currently zoned C-4 (Highway Commercial) and the requested zoning is IO (Institutional and Office). TAX PARCEL: ED-05-077.10-01-48.00-000, SECOND COUNCIL DISTRICT ; PLANNING REFERENCE: Z-11-06. Prior to amending the zoning ordinance and zoning map of the City of Dover, a public hearing is required. Staff recommended referral to the Planning Commission on September 19, 2011 and that a public hearing before City Council be set for October 10, 2011 at 7:30 p.m., at which time final action by Council will take place. By motion of Dr. McGlumphy, seconded by Mr. Bonar, Council unanimously referred the request to the Planning Commission on September 19, 2011 and set a public hearing before City Council for October 10, 2011 at 7:30 p.m. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 327 MARTIN STREET. FIRST READING - PROPOSED ORDINANCE #2011-20 Council President Leary reminded the public that copies of the Proposed Ordinance were available at the entrance of the Council Chambers or could be obtained from the City Clerk's Office. Final action by Council on the Proposed Ordinance will take place during the Council Meeting of September 12, 2011. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Ordinance Amendment as read by the City Clerk, by title only, as follows: PROPOSED ORDINANCE #2011-20 - CHAPTER 110 - UTILITIES, ARTICLE III - WATER SERVICE , DIVISION 1 - GENERALLY , SECTION 110-67 - PRIVATE WELLS

CITY COUNCIL MEETING OF AUGUST 22, 2011 PAGE 19 FIRST READING - PROPOSED ORDINANCE #2011-21 Council President Leary reminded the public that copies of the Proposed Ordinance were available at the entrance of the Council Chambers or could be obtained from the City Clerk's Office. Since the ordinance is an amendment to the Zoning Code, a public hearing is required. Staff recommended referral of the amendments to the Planning Commission on September 19, 2011 and that a public hearing take place during the Council Meeting of October 10, 2011, at 7:30 p.m., at which time final action by Council will take place. Mr. Bonar moved to refer the amendments to the Planning Commission on September 19, 2011 and set a public hearing before City Council for October 10, 2011 at 7:30 p.m., as recommended by staff. The motion was seconded by Dr. McGlumphy and unanimously carried. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows: PROPOSED ORDINANCE #2011-21 - APPENDIX B - ZONING , ARTICLE 5 - SUPPLEMENTARY REGULATIONS, SECTION 1 - SUPPLEMENTARY REGULATIONS APPLYING TO RESIDENCE ZONES COUNCIL MEMBERS ANNOUNCEMENTS On behalf of the New Street Civic Association - New Beginning, Mrs. Russell relayed appreciation for the support provided to the youth for the “Back to School Bash” held on August 20, 2011. She conveyed special thanks to the Dover Police Department, Dover Fire Department, City of Dover Electric Department, Mr. Gregg Moore (Becker Morgan Group), Councilman Bonar, United Insurance, Kent County Counseling, and all those who made this event possible. Mrs. Russell stated that the next event sponsored by the organization for Dover youth will be the Annual Christmas Party scheduled for December 10, 2011. Mr. Lynn advised members that this weekend, he held the first Third District Open Forum and thanked all those who participated. He relayed his appreciation for advertising for the event provided by the Delaware State News and the Dover Post and to Mrs. Kay Sass, Public Affairs Coordinator, for including it in the City Newsletter. The next Open Forum will be held on Saturday, September 24, 2011. Mr. Anderson announced that on the first Thursday of each month at 4:00 p.m., he has been holding monthly office hours and has found it to be helpful to constituents. Mr. Bonar relayed congratulations to the members of the White Oak/Towne Point Civic Association for the meeting held on Thursday, August 18, 2011 and appreciation to the Police Department and Senator Bushweller for their attendance. He encouraged members of City Council to participate in civic association meetings for a better understanding of the happenings in the community. Mrs. Williams stated that she visited Mr. Hare following his recent surgery and that he was doing well.

CITY COUNCIL MEETING OF AUGUST 22, 2011 PAGE 20 By unanimous consent members of Council adjourned into executive session at 8:05 P.M. JODY J. STEIN ADMINISTRATIVE ASSISTANT OFFICE OF THE CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of August 22, 2011, are hereby approved. CARLETON E. CAREY, SR. MAYOR /JS/jg S:\AGENDAS & MINUTES\Council-Minutes\2011\08-22-2011 COUNCIL.wpd Exhibits Attached to the Original Minutes and File Copy Exhibit #1 - Permission to Recruit Form Exhibit #2 - Hiring Justification Outline Form Exhibit #3 - Wage and Benefit Information for Employee Hiring and Transfers Form

PETITION TO AMEND AND ZONING DISTRICT Public Hearing before the Dover City Council September 12, 2011 Applicant/Owner: Harrington Commercial, LLC Address: 601 Fulton Street, Dover Location: North side of Fulton Street between Ridgely Street and the railroad corridor Tax Parcel ID #: ED05-076.08-01-14.00-000 Size: 0.486 +/- acres (21,170 S.F.) Present Use: Ambulance services Proposed Use: Ambulance services/Contractor’s yard Comprehensive Plan Designation: Industrial Present Zoning: M (Manufacturing Zone) Proposed Zoning: C-3 (Service Commercial Zone) Recommendation of the Planning Commission: Following a public hearing before the Planning Commission on August 15, 2011, where no members of the public spoke with regards to the application, the Planning Commission voted to recommend approval of the rezoning request with seven members voting in favor and two members absent (7-0). File Number: Z-11-05

Z-11-05 Lands of Harrington Commercial Realty at 601 Fulton Street Report to City Council – September 12, 2011 Page 2 This rezoning application consists of one parcel of land, of approximately 0.486 acres, owned by Harrington Commercial Realty, LLC. The property is currently M (Manufacturing). The proposed zoning is C-3 (Service Commercial). The subject property is located on the north side of Fulton Street, directly west of the railroad tracks. Tax Parcel: ED-05-076.08-01-14.00-000. Existing Property: The property currently houses Prime Care Medical Transport ambulance service in the west side of the building. This was reviewed by the Planning Commission in November 2009 (C-09-08). The east side of the building consists of several garage bays that were not renovated or occupied along with the Prime Care location into this building. Surrounding Land Uses: There are a variety of zoning classifications surrounding the subject property, but all are industrial or light industrial in nature. The immediately adjacent property to the north and west is zoned IPM (Industrial Park Manufacturing). The property to the south across Fulton Street is zoned M (Manufacturing), as is the property to the east across the railroad tracks. There are several properties within the adjacent area that are zoned C-3 (Service Commercial). Comprehensive Plan: In the 2008 Comprehensive Plan, the Land Development Plan (Map 12-1 as amended, dated 3/14/2011) recommends that this property be used for Industrial and Public Utilities Uses. Both the existing and proposed zoning classifications are consistent with this land use classification, according to Table 12-1: Land Use and Zoning Matrix. Request for C-3 (Service Commercial) The types of permitted uses in the C-3 (Service Commercial) are given Article 3 §15 of the Zoning Ordinance. The permitted uses include service establishments including dry cleaning and laundry plants; wholesale, storage, and warehousing establishments; bowling alleys, and animal hospitals; motor vehicle, boat or farm equipment sales or service; motor vehicle service stations with restrictions; manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products for sale on or off the premises, provided that not more than 25 persons shall be engaged in such activity; and provided further, that any such use shall be subject to the performance standards procedures as set forth in Article 5 §8; newspaper and job printing; and ministorage facilities with restrictions. Article 4, Section 4.15 of the Zoning Ordinance addresses the bulk standards for the C-3 Zone. The bulk standards are as follows: C-3 (Service Commercial Zone) Minimum required: Lot area Lot width (ft.) 100 Lot depth (ft.) 100 Front yard (ft.) 25

Z-11-05 Lands of Harrington Commercial Realty at 601 Fulton Street Report to City Council – September 12, 2011 Page 3 Side yard (ft.) 20 Rear yard (ft.) 10 Side or rear yards which adjoin a 30 residence zone (ft.) Off-street parking Per 300 sq. ft. floor area or 1 Per employee (whichever is greater) 1 Maximum permitted: Building height Stories 2 Feet 30 Floor area ratio 0.5 Lot coverage 0.5 Recommendation of the Planning Staff and Planning Commission: This request is to rezone land from M (Manufacturing) to C-3 (Service Commercial). Staff supports the applicant’s request, as the request is consistent with the 2008 Comprehensive Plan as amended, and there is other C-3 (Service Commercial) zoning in the surrounding area. The C- 3 (Service Commercial) and M (Manufacturing) zones allow for many of the same uses; however, all uses within the M (Manufacturing) zone are subject to Conditional Use approval by the Planning Commission. This recommendation was made prior to the opportunity for public comment. Following a public hearing before the Planning Commission on August 15, 2011, the Planning Commission unanimously recommended in favor of the rezoning request with seven members voting in favor and two members absent.

Z-11-05 Lands of Harrington Commercial Realty at 601 Fulton Street Report to City Council – September 12, 2011 Page 4 Excerpt from the Draft Minutes of the Planning Commission Meeting of 8/15/2011: Z-11-05 Lands of Harrington Commercial at 601 Fulton Street – Public Hearing and Review for Recommendation to City Council on a rezoning application consisting of one parcel of land totaling of 0.486 acres ±. The property is currently zoned M (Manufacturing Zone). The proposed zoning is C-3 (Service Commercial Zone). The subject property is located on the north side of Fulton Street between Ridgely Street and the railroad corridor. The owner of record is Harrington Commercial, LLC. The equitable owner is Michael J. Harrington, Sr. Property Address: 601 Fulton Street. Tax Parcel: ED05-076.08-01-14.00-000. Council District 4. Representative: Mr. Michael Harrington, Sr., Property Owner. Mrs. Townshend stated that this property currently houses the Prime Care Medical Transport operation that was reviewed in 2009 by the Planning Commission as a Conditional Use. The east side of the building consists of several garage bays that were not renovated or occupied as part of the Prime Care Medical Transport location at this site. Mrs. Townshend further described the zoning surrounding the property. Immediately adjacent there are properties that are zoned IPM (Industrial Park Manufacturing) and M (Manufacturing). Directly adjacent across the railroad track is M (Manufacturing). There are a number of properties within the area that are not contiguous to this property that are zoned C-3 (Service Commercial) some of which have been recently zoned to that classification. The 2008 Comprehensive Plan shows this area as Industrial and Public Utilities uses. Both the current and the proposed zoning are consistent with this classification. Mrs. Townshend further stated that the primary difference between the zoning classifications is that the C-3 (Service Commercial) classification functions in many ways as a light industrial zone. The primary difference as it relates with some of the things happening in this area is if you read the M (Manufacturing) zone, all uses and the establishment of any use within the M zone requires Conditional Use approval by the Planning Commission. Where in the Service Commercial zone there are some uses that are permitted by right without a Conditional Use application. Mrs. Townshend further stated that Staff would recommend in favor of the rezoning. It is consistent with the Comprehensive Plan and is consistent with the zoning and surrounding areas as it is a mix of Manufacturing, Industrial Park Manufacturing, and Service Commercial zoning. Many of the same uses are permitted in the M zone and the C-3 zone. It would be a matter of whether a Conditional Use application would be required to establish a use. Mr. Harrington stated that presently, the Prime Care Medical Transport is there and we had to go through a Conditional Use in order for them to move in there. They have four (4) garages there that are currently being used for storage; however, he has to apply for a Conditional Use to be able to use them for storage. It is awkward to have to go through this every time we want to rent a garage. It makes sense to approve this as C-3. Mr. Nichols asked if they were using this as a contractor’s yard, is this correct? Responding to Mr. Nichols, Mr. Harrington stated that yes, they are. Mr. Hemmig opened a public hearing and after seeing no one wishing to speak closed the public hearing.

Z-11-05 Lands of Harrington Commercial Realty at 601 Fulton Street Report to City Council – September 12, 2011 Page 5 Mr. Holt moved to forward a recommendation of approval to City Council for Z-11-05 Lands of Harrington Commercial located at 601 Fulton Street to change the zoning from M (Manufacturing Zone) to C-3 (Service Commercial Zone), second by Mr. Tolbert and the motion was unanimously carried 7-0 with Mr. Friedman and Mr. Ambruso absent.

City of Dover Application No.: Z-11-05 Department of Planning & Inspections ET TRE IL S CEC RG-1 IPM E T TRE Site FUL TONS E T TRE ON S FULT T ST WES T M REE RIDG EE STR ELY T C-3 C-2A Plan Title: Lands of Harrington Commercial, LLC Location: 601 Fulton Street Plan Type: Rezoning Legend Tax Parcel: ED05-076.08-01-14.00-000 Current Zoning: M (Manufacturing Zone) Dover Parcels Proposed Zoning: C-3 (Service Commercial Zone) Zoning Owner: Harrington Commercial, LLC Date: July 14, 2011 0 80 160 320 Feet «

C F I I CITY OF DOVER T R Y E DEVELOPMENT ADVISORY COMMITTEE O M APPLICATION REVIEW COMMENTARY F A R D.A.C. MEETING DATE: D S O H V A E L R APPLICATION: Lands of Harrington Commercial 601 Fulton St. FILE #: Z-11-05 REVIEWING AGENCY: City of Dover, Office of the Fire Marshal CONTACT PERSON: David Truax, Fire Marshal PHONE #: (302) 736-7011 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY, AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESS BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: Any gas fired HVAC equipment must be equipped with emergency cut off switches remotely located. Address numbers of at least 12 inches in height must be placed on the street side of the building visible from the street. Any natural or LP gas bottles, meters, values, regulators, etc., must have impact protection. Full building and fire plan review is required. Building cannot be occupied or construction or renovations started until completion of building and fire plan review. Project to be completed per approved Site Plan. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT:

After any application has been approved by the Planning Commission, the applicant has a maximum of thirty (30) days to appeal to the Code Board of Appeals Committee. All comments from this office, approved by the Planning Commission are at the expense of the owner/applicant. The proposed building will be reviewed under Business /Storage Occupancy. The City of Dover uses the 2009 NFPA Life Safety Code, 2009 IBC, latest editions of all other NFPA Codes and the 2009 Delaware State Fire Prevention Regulations. The Dover Fire Department request that a 8 ½ X 11 copy of the floor plan and site plan be submitted to Station 1, attention Fire Chief, prior to the Certificate of Occupancy being issued. If you have any questions or need to discuss any of the above comments, please call the above contact person and the Planning Department as soon as possible.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JULY 28, 2011 APPLICATION: LANDS OF HARRINGTON COMMERCIAL: 601 FULTON ST. FILE #: Z-11-05 REVIEWING AGENCY: City of Dover Public Utilities Department CONTACT PERSON: Steve Enss - Electric Sharon Duca, P.E. - Water, Wastewater, Stormwater CONTACT PHONE #: 302-736-7070 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC / WATER / WASTEWATER 1. Our office has no objection to the rezoning of tax parcel ED05-076.08-01-14.00-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER 1. None. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC / WATER / WASTEWATER 1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be responsible for all costs associated with providing the appropriate meter / service / main to this site based upon the use including any necessary system upgrades or extensions. The appropriateness and adequacy of water and sewer services and meters will be assessed at that time. Should the existing services no longer be required based upon the proposed use, they must be properly abandoned at the mains in accordance with all City of Dover Public Utilities Department standards and specifications. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: July 28, 2011 T =============================================================== APPLICATION: Lands of Harrington Commercial at 601 Fulton Street FILE#: Z-11-05 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: 1. The Department has no comments. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: If you have any questions or need to discuss any of the above comments, please call the above contact person and the planning department as soon as possible.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY DEVELOPER APPLICATION MEETING DATE: AUGUST 2011 APPLICATION: Lands of Harrington Commercial FILE #: Z-11-05 REVIEWING AGENCY: Kent Conservation District CONTACT PERSON: David C. Cahill PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Kent Conservation District has no objection to re-zoning plan for the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: The Following comments are advisory and apply to the development of a detailed site plan for this project. 1. If at any time expansion or earth disturbing activity (clearing, grubbing tree clearing etc.) takes place and exceeds 5000 square feet; a detailed Sediment and Stormwater Management Plan must be submitted and approved to the Kent Conversation District.

FINAL READING CITY OF DOVER PROPOSED ORDINANCE #2011-18 1 AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE 2 CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED 3 AT 601 FULTON STREET 4 WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within 5 the limits of the City of Dover; and 6 WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of 7 property described below from M (Manufacturing Zone) to C-3 (Service Commercial Zone). 8 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 9 DOVER, IN COUNCIL MET: 10 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 11 Ordinance of the City of Dover have been amended by changing the zoning designation from 12 M (Manufacturing Zone) to C-3 (Service Commercial Zone) on that property located at 13 601 Fulton Street (on the north side of Fulton Street between Ridgely Street and the railroad 14 corridor), consisting of .0486+/- acres, owned by Harrington Commercial, LLC. 15 (Tax Parcel: ED05-076.08-01-14.00-000; Planning Reference Z-11-05; Council District: 4) 16 ADOPTED: * 17 S:\ORDINANCES\2011\Draft\Ordinance 2011-18 - Rezoning - 601 Fulton Street - FINAL Rdg.wpd 18 Actions History 19 09-12-2011 - Scheduled for Public Hearing/Final Reading by Council 20 08-15-2011 - Review by Planning Commission 21 07-25-2011 - First Reading by Council

UTILITY COMMITTEE The Utility Committee Meeting was held on August 22, 2011 at 5:01 p.m. with Chairman Bonar presiding. Members present were Mrs. Williams (arrived at 5:10 p.m., departed at 5:15 p.m., and returned at 5:29 p.m.), Mr. Blakeman, and Mr. Snaman. Mr. Lynn was absent. Other members of Council present were Council President Leary and Dr. McGlumphy (arrived at 5:09 p.m.) . Mayor Carey was also present. AGENDA ADDITIONS/DELETIONS Mr. Snaman moved for approval of the agenda as presented, seconded by Mr. Blakeman and unanimously carried. Discussion - Informational Presentation by Delaware Electric Cooperative During their meeting of June 27, 2011, members were provided an informational presentation by Delaware Electric Cooperative (DEC) on the Pros and Cons of DEC Purchasing the City of Dover Electric System. Mr. Scott Koenig, Interim City Manager, presented a response to the DEC presentation explaining why Dover residents should continue to own the electric system. In response to Dr. McGlumphy, Mr. Koenig explained that it was his understanding that DEC indicated in their presentation that the City’s rates could be reduced by approximately 25% if the utility were sold, based on the 2010 electric rates. He advised members that, since 2010, there have been two (2) power cost adjustments; therefore, he felt that the savings realized would be less than 25%. As to the benefits to the citizens of maintaining City ownership of the electric system, Mr. Koenig stated that this would allow the City to better control its future, since the City would have the ability to manage and plan the system through local officials and local talent and recover costs through the transfer of profits to the General Fund to help reduce the City’s property tax base. He noted that the City has an obligation to maintain competitive rates. Council President Leary reminded members that the City’s electric utility is an asset that allows the City to keep property taxes low, which was its initial purpose and continues today. Responding to Mr. Bonar, Mr. Koenig confirmed that one (1) cent of property taxes equates to approximately $300,000. He noted that approximately $7M to $8M per year is transferred from the Electric Fund to balance the City’s budget and that it would be necessary to increase property taxes by approximately 25 cents to cover this cost if the utility were sold. Mr. Koenig stated this does not include income that would be generated by investing funds received from the sale. In regard to businesses, he advised members that it was his understanding that the City’s larger industrial customers are concerned with the 25% gap that DEC mentioned, since it affects their ability to compete in the industry. Mr. Koenig questioned if any of the losses or “contractions” of local businesses are directly attributable to the electric rate versus the decline in the economy. It was his feeling that during this difficult economic market, business losses occur for a variety of reasons.

UTILITY COMMITTEE MEETING OF AUGUST 22, 2011 PAGE 2 Ms. Judy Diogo, President, Central Delaware Chamber of Commerce (CDCC), stated that the CDCC membership has indicated a desire for City Council to conduct a feasibility study to determine if it would be advantageous for the City to sell its electric system. She advised members that their current concerns are with the cost of conducting business and, since there has been an indication that there are potential savings, the membership would like for the issue to be investigated as thoroughly as possible. Mr. Bonar felt that in order for the Committee and City Council to make such a decision, a thorough, independent, and unbiased review would be necessary and that such a review should include what the utility means to the City, what is happening in this regard throughout the country and region, the effect of new Environmental Protection Agency (EPA) rules, etc. He estimated that such a study would cost approximately $30,000 and noted that these funds are available in the Reserve Fund. Should the City be required to increase property taxes to offset monies lost from the Electric Fund, Mr. Bonar suggested that the increase could be offset by the income tax deduction permitted for property taxes. Until all information is obtained, he did not feel that a decision could be made and suggested that the Committee recommend that City Council approve further review of this matter. Mr. Snaman relayed concern with the figures quoted by DEC, stating that DEC did not have complete information regarding the cost of the City’s electricity, including the cost of assuming the City’s gas purchase contracts. Mrs. Williams reminded members that DEC provides only distribution and not generation. As a resident, she stated her appreciation for the current quick response time provided by the City, which would be lengthened if the utility was purchased by DEC. She also indicated a concern that the City’s ability to obtain “the best deal” would be compromised by not being an owner, explaining that, currently, there are companies who are willing to come to the City of Dover and build a plant at no cost to the City because the City owns an electric company and service and has land available. Mrs. Williams felt that being independent and self-sufficient in electricity is of primary importance and that if Philadelphia Electric Company (PECO) went down, it would not result in a blackout for the City, since the City currently has the ability to generate its own electricity. Responding to Mrs. Williams, Mr. Ron Lunt, Public Utilities Director, confirmed that the City would be totally electrically self-sufficient in an emergency. He stated that the City’s current capacity is approximately 175 megawatts and that the peak for the City this past summer was 160 megawatts. Mr. Lunt advised members that, due to the age of the system, it would take apprxoimately eight (8) to ten (10) hours for the City to become totally self-sufficient in covering its entire service area; however, a portion of the load could be carried within half an hour with the 40 megawatt unit. This power would be dedicated to critical assets such as the hospital, certain water facilities, etc. In response to Mr. Bonar, Mr. Lunt stated that the two (2) 17 megawatt units were built in the early 1960s, the 100 megawatt unit was built in early 1970s, and the cost of replacing them would amount to hundreds of millions of dollars. He estimated that the two (2) 17 megawatt units are nearing the end of their life cycle, which he estimated would extend for approximately five (5) years.

UTILITY COMMITTEE MEETING OF AUGUST 22, 2011 PAGE 3 Mr. Blakeman moved to recommend that the City proceed with a Request for Proposals (RFP) for an independent study to be conducted by an entity that is not currently or planned to be associated with the City of Dover, the Delaware Electric Cooperative (DEC), or any other local electric company, to determine the feasibility of the City remaining in the electric business, the possibility of getting out of the electric business, and the anticipated ramifications of either approach. The motion was seconded by Mrs. Williams and unanimously carried. Discussion - Infrastructure Improvements to the Garrison Tract Members were advised that on August 3, 2011, senior City staff met with representatives of the Calpine Corporation to discuss the potential construction of a new power generation facility to be located on the Garrison Oak Tract and provided members with a summary status of the proposed project. Mr. Scott Koenig, Interim City Manager, reviewed the outline provided by Calpine Corporation regarding the infrastructure update on the Garrison Energy Center development project (GEC), as follows: 1. GEC is anticipated to be a nominal 618 MW power generation facility which is planned to be built in two (2) phases (each nominally rated at 309 MW). Targeted commercial operation date for the first phase is June 1, 2015; 2. Updated permitting for GEC is underway as the project is being enhanced to employ a more energy efficient technology; 3. Calpine is presently in negotiations with Eastern Shore Natural Gas to bring natural gas to GEC and the Garrison Oak Technology Park via a new gas pipeline – presently anticipated to be a six (6) mile 16” lateral pipeline; 4. GEC’s electric interconnection process with PJM has been delayed by over three (3) months. Calpine expects to receive GEC’s System Impact Study from PJM by the end of September 5, 2011; and 5. Calpine is working with Becker Morgan to integrate GEC’s infrastructure requirements with those of the Garrison Oak Technology Park. Responding to Mr. Blakemen’s inquiry regarding Item# 2 - Updated Permitting, Mr. Ron Lunt, Public Utilities Director, stated that this reference is in regards to GEC’s plans to upgrade the generator from 150 to 300+ megawatts. No further action was taken by the Committee.

UTILITY COMMITTEE MEETING OF AUGUST 22, 2011 PAGE 4 Review of Utility Related Capital Investment Plan (CIP) (Electric and Water/Wastewater) Members were provided a “Preliminary” Project Tracking Report, as of June 30, 2011, for the Utility (Electric and Water/Wastewater) Related Capital Investment Plan (CIP). Referring to the Fox Hall Pump Station and Heatherfield Force Main Rerouting Projects, Mr. Ron Lunt, Public Utilities Director, stated that these projects are no longer “out to bid” but have been awarded to Teal Construction and that construction is anticipated to begin in September 2011. In addition, he noted that the SCADA Technology Equipment Upgrade Project has been completed. Mr. Lunt advised members that the Water Quality Improvement Projects that were scheduled for this upcoming year will be east of North State Street (Phase 2) and that staff has re-prioritized some projects, explaining that water and sewer line work will be performed in the area of Wesley College due to their Streetscape Project. In addition, due to the receipt of grant monies for paving New Street, staff plans to review the water infrastructure in this area. PACE/NAES Monthly Report (May and June) The PACE/NAES Monthly Reports for May and June 2011 were provided to members to enable them to monitor electric sales and revenues received, which will provide a better understanding of any fluctuations that occur and allow the opportunity to make improvements if deemed necessary. Mr. Snaman moved to recommend acceptance of the PACE/NAES Monthly Reports for May and June 2011, seconded by Mr. Blakeman and unanimously carried. By unanimous consent, the meeting adjourned at 5:52 P.M. Respectfully submitted, David L. Bonar Chairman DLB/AC/jg/js/dd/tm S:\AGENDAS & MINUTES\Committee-Minutes\2011\08-22-2011 UTILITY.wpd

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee meeting was held on August 22, 2011 at 6:00 p.m. with Chairman McGlumphy presiding. Members present were Mr. Anderson (arrived at 6:08 p.m.), Dr. Jones, and Mr. Shevock. Mr. Hare was absent. Members of Council present were Mr. Bonar, Mr. Hutchison, Mrs. Russell (arrived at 6:29 p.m.), Mrs. Williams, and Council President Leary. Mayor Carey was also present. AGENDA ADDITIONS/DELETIONS Dr. Jones moved for approval of the agenda, as presented, seconded by Mr. Shevock and unanimously carried. Review and Recommendation - Filling of Critical Positions During their meeting of February 23, 2009, members recommended approval of a 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 were no positions to consider, the item could be removed. Dr. McGlumphy noted that there were no critical positions to consider. Review of Draft Analysis of Impediments to Fair Housing Choice Members were advised that the Delaware State Housing Authority, the City of Wilmington, the City of Dover, and New Castle County have collaborated to prepare an Analysis of Impediments to Fair Housing Choice. As a federal entitlement community that receives Community Development Block Grant (CDBG) funding from the Department of Housing and Urban Development (HUD), the City is required to certify that funds will be carried out and administered according to the Fair Housing Act, and that due diligence is made to affirmatively further fair housing. It was noted that HUD defines an impediment to fair housing choice as any actions, omissions, or decisions that restrict, or have the effect of restricting, the availability of housing choices based on race, color, religion, sex, disability, familial status, or national origin. Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members that the consulting firm of Mullin & Lonergan Associates (M&L) was contracted to conduct the Analysis of Impediments. The analysis included a review of each entitlement community’s laws, regulations, and administrative policies and procedures affecting the location, availability, and accessibility of housing. She stated that M&L has developed a Fair Housing Action Plan which outlines the impediments for Dover and provides recommendations and strategies in order for the City to meet fair housing goals. Mrs. Townshend explained that although Dover Housing Authority is a separate entity from the City, they have been included in this study because they are a federal entitlement community located within the City’s jurisdiction and will ultimately be responsible for addressing their impediments. Approval and implementation of the Fair Housing Action Plan will preserve the City’s eligibility for funding from HUD and protect the City in the event of litigation relating to fair housing. Mrs. Townshend and Mrs. Tracy Harvey, Community Development Director, reviewed a Presentation of the Analysis of Impediments to Fair Housing Choice (Attachment #1). Staff recommended approval of the report recommendations.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF AUGUST 22, 2011 PAGE 2 In response to Mr. Anderson, Mrs. Townshend stated that the current definition of family, in this context, is “not more than five (5) unrelated people functioning as a household, not including a butler.” She explained that the difficulty is determining whether or not people are functioning as a household. Mrs. Townshend indicated that staff plans to conduct research on this topic and will submit an ordinance to redefine “family.” Mr. Anderson felt that there should not be any amendment that would hinder college students who are residing together from obtaining affordable housing, noting this is a very important industry for the City. Responding to Dr. Jones, Mrs. Harvey advised members that 2012 timelines were provided for some of the Strategies to Address Impediments since the consultants felt that these measures could be implemented within one (1) year; however, others were assigned a later date for completion since the Comprehensive Plan will not be released until 2014. She noted that the consultants suggested a five (5) year timeframe for implementation of many of the strategies. Mrs. Townshend explained that she and Mrs. Harvey plan to set annual goals for achievement of the objectives listed. Dr. Jones moved to recommend approval of the report recommendations, seconded by Mr. Anderson and unanimously carried. Discussion - Hotel/Motel Tax Mr. Scott Koenig, Interim City Manager, stated that staff is beginning the preparation of the FY2013 Budget, which will begin July 1, 2012. As part of the process, staff will review potential revenue sources and expenses. Mr. Koenig noted that there was discussion during several Council Retreats regarding the possibility of instituting a hotel/motel tax for the City of Dover. As a result, staff conducted research on this topic. Mr. Koenig advised members that the State of Delaware, Rehoboth Beach, Lewes, Wilmington, Fenwick Island, Bethany Beach, and Dewey Beach have implemented some form of hotel/lodging tax. Title 30, Chapter 61, Lodging Tax, of the Delaware Code imposes an excise tax at the rate of 8% of the rent upon every occupancy of a room or rooms in a hotel, motel, or tourist home within the State. The proceeds from this tax are distributed as follows: 5% to the State General Fund, 1% to the Beach Preservation Program of the State Department of Natural Resources and Environmental Control, 1% annually is designated in the proportion in which it was collected to the duly established convention and visitors bureau in each county, and 1% to the Delaware Tourism Office. Mr. Koenig advised members that, in accordance with Title 22, Chapter 9 - Municipal User Tax, the State authorizes any municipality with a population greater than 50,000 to impose a lodging tax of no more than 3% of the rent, in addition to the amount imposed by the State, for any room or rooms in a hotel, motel, or tourist home (as defined in SS6101 of Title 30) located within the boundaries of the municipality. He stated that Wilmington uses this statute to levy a 2% tax. According to discussions with Mr. Robert Greco, Budget Director in Wilmington, he stated that the implementation of the tax did not have an impact on occupancy rates in the five (5) hotels in Wilmington. Mr. Greco stated that occupancy rates actually increased after the tax was implemented and revenue from this tax is approximately $500,000 per year. He noted that other municipalities recover the tax through a gross receipts business license tax.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF AUGUST 22, 2011 PAGE 3 Mr. Koenig indicated that there are 22 hotels/motels within Dover corporate limits and complete information pertaining to the number of rooms and rates was obtained for 16 hotels/motels. In order to estimate the revenue that would be generated from a 1% or 2% hotel tax, staff polled the internet for room rates of the hotels/motels known to be in Dover’s corporate limits. Mr. Koenig noted that staff averaged the room rates for each hotel/motel and full occupancy for one (1) day was calculated. According to information from Pricewaterhouse Coopers LLP (1958 to 1986) and Smith Travel Research (1987 to 2007), the average hotel occupancy rate in 2009 was projected to be over 58 %. Staff prepared estimates based on both a 50% and 25% occupancy rate for the city’s hotels/motels. Based on a 50% occupancy rate for the 16 hotels/motels, a 1% tax could yield approximately $426,000 in revenue for the City. A 2% tax could yield approximately $853,000. Based on a 25% occupancy rate, the estimated revenue is as follows: a 1% tax could yield approximately $213,000; a 2% tax could yield approximately $426,000. Mr. Koenig reviewed potential options for implementing a proposed tax, as follows: OPTION 1: Adopt the fee through ordinance as the beach area municipalities have. It appears that this may be considered a business license based on gross receipts. An option to consider may be changing the way Dover charges for hotel business licenses. Under the current method, the City of Dover charges a flat fee of $7 per room and $9 per suite. Based on our current revenue method, we receive approximately $15,869.90 annually. As stated above, our revenue estimates using a gross receipts tax method and depending on occupancy and a percentage of tax, would be between approximately $853,000 and $213,000. Adopting this method would not allow taxable entities to pass this charge onto lodgers without raising advertised fees. OPTION 2: Seek a change under State Code Title 22 through state legislation by removing the population requirement of 50,000. This would allow the tax for all municipalities in the State. The charge could be passed on to lodgers without raising hotel rates. This option would need to be pursued though our State representatives. In addition, Mr. Koenig stated that staff would recommend that a certain percentage of revenues received be dedicated to the Kent County Tourism Office. The percentage should be proportional to the reservation of revenue to the Delaware Tourism Office under the state excise tax. Dr. McGlumphy noted the receipt of correspondence regarding the issue of a hotel/motel tax (Attachment #2). Mr. Scott Kidner, Delaware Hotel Lodging Association, stated that there were several individuals present wishing to address members to explain why the Hotel Lodging Association, local businesses, and the hotel and lodging industries are opposed to a proposal to institute a hotel/motel tax in the City.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF AUGUST 22, 2011 PAGE 4 Mr. George Fiorile, Chairman of the Delaware Hotel Lodging Association and Vice-President/General Manager of Dover Downs Hotel/Casino, advised members that Wilmington’s hotel/motel tax was enacted approximately six (6) years ago, at the height of the economic boom and before the recession. He also noted that the City of Wilmington regularly hosts many major Fortune 500 companies. Mr. Fiorile read a statement and provided members with an analysis conducted in 2008, as well as The Tax Institute Travel Report from April 2011 (Attachment #3). Mr. Gordon Basht, Director of Hotel Sales at Dover Downs Hotel and Casino, read a statement into the record (Attachment #4). Mr. Victor Schimp, General Manager of the Sheraton Dover Hotel and Chairman of the Board of Directors for the Central Delaware Chamber of Commerce, advised members that the hotel/motel tax issue is a critical issue to the industry and read a statement into the record (Attachment #5). Ms. Cindy Small, Executive Director of Kent County Tourism, noted that a letter has been submitted from the Board of Directors in opposition to the proposed tax (see Attachment #2). Referring to the amount of revenue projected for Rehoboth Beach ($720,000) and Bethany Beach ($892,000), she stated that these figures include taxes imposed on short-term rental units, which are completely different from hotels/motels; therefore, the data does not reflect an accurate comparison. Ms. Small noted that, according to the most recent data on visitation in Sussex County (beach resorts), only 30% of visitors actually stay in hotels and 70% in short-term rental units. In addition, she stated that for Fiscal Year 2010 and 2011, the 1% lodging tax for all of Kent County (not just the City of Dover) amounted to $254,862. She reminded members that during these difficult economic times, the hotel community is struggling to make ends meet and keep people employed. She urged members to consider all the information provided. Mr. Kishor Sheth, Owner of Super 8 and Fairfield Inn Hotels, explained the difficulty and costs associated with the hotel/motel business. He noted that many owners are leaving the hotel business and and that the closing of hotels in the City affects property taxes collected. In addition, Mr. Sheth reminded members that the Capital School District recently imposed a tax increase. He advised members of the many steps taken by owners in an attempt to save money. Mr. Sheth questioned where hotel/motel business owners are to obtain additional money to pay for the additional fees and cautioned members that many owners will be forced to leave the business. He requested that members reconsider the proposed action, noting that instituting such a tax may discourage entrepreneurs from considering Dover as a place to conduct business, and warned members of the ripple affect this could create in the community. Ms. Judy Diogo, President of the Central Delaware Chamber of Commerce, noted that members have heard from the hotel community regarding the impact the proposal could have on them; however, she relayed concern with the impact the proposal could have on the City of Dover. She advised members that the Chamber feels that the proposal would provide a short-term gain with a long-term loss, explaining that many hotels/motels are already in financial trouble, which could affect the City’s property tax revenue, as well as gross sales tax. Ms. Diogo noted that the City is

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF AUGUST 22, 2011 PAGE 5 attempting to become an “A-Rated Community,” which will create a need to meet certain criteria and require a marketing campaign to change attitudes. She stated that it is the Chamber’s suggestion that the City partner with the hotel industry, which already has huge marketing budgets and does a good job in this regard. She felt that such a partnership would assist the City in achieving the desired “A” rating. Mr. Tom Smith, owner of Delaware Made, read a statement into the record (Attachment #6). Noting that there was no one else wishing to speak, Dr. McGlumphy suggested that anyone wishing to submit correspondence or further information do so. Mr. Bonar questioned the amount of funds brought into the City from the fees for hotel/motel licenses. Responding, Mr. Koenig stated that, currently, approximately $15,000 is collected from 22 hotels. Mr. Bonar explained that the principal functions of City Council are to balance the budget and provide the best services possible. He indicated that one of Council’s additional purposes is to provide dialogue and new ideas, and that this suggestion was brought forward for this reason. Mr. Bonar requested that the members of the hotel/motel association consider that the City has a $5M deficit. He stated his feeling that raising hotel/motel taxes a minimal amount would be reasonable, versus having to increase property taxes by 15% to 20%. Although he understood the dilemma which has been created by the economic decline, City Council has the responsibility to balance the City’s budget, which will not be accomplished by cutting and laying off employees. Mr. Bonar stated that it would take a concerted citizen and business effort to assist in the balancing of the City’s budget. He stated that the proposed hotel/motel tax is just one possible means of raising additional revenue. Mr. Hutchison stated his strong opposition to a hotel/motel tax. He acknowledged that Council has critical issues that need to be addressed; however, it was his opinion that were other means to address the issues and that the City should “clean house” first. He felt that the hotel/motel industry has contributed greatly to the City’s success. Mr. Hutchison agreed that Council will have difficult decisions to make in the near future; however, he did not feel that an additional burden on the hotel/motel industry should be considered. Dr. Jones relayed her concurrence with Mr. Hutchison and suggested that City staff look within for possible savings. She thanked those individuals who addressed members and stated that, based on information provided, the City should conduct additional research into this matter. There was no recommendation submitted by the Committee. City Clerk’s Office Note: Due to time constraints, the remainder of the agenda items were deferred for consideration by the Committee during their next meeting.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF AUGUST 22, 2011 PAGE 6 Mr. Shevock moved for adjournment, seconded by Mr. Anderson and unanimously carried. Meeting Adjourned at 7:12 P.M. Respectfully submitted, William P. McGlumphy Chairman WPM/AC/jg/js/tm S:\AGENDAS & MINUTES\Committee-Minutes\2011\08-22-2011 LFA.wpd Attachments Attachment #1 - Presentation of the Analysis of Impediments to Fair Housing Choice Attachment #2 - Correspondence - Hotel/Motel Tax Attachment #3 - Statement read by Mr. George Fiorile and Attachments: 2008 Analysis and The Tax Institute Travel Report dated April 2011 Attachment #4 - Statement Read by Mr. Gordon Basht Attachment #5 - Statement Read by Mr. Victor Schimp Attachment #6 - Statement read by Mr. Tom Smith

ATTACHMENT #1 LF&A Committee Meeting of 08/22/2011 Analysis of Impediments to Fair Housing Choice August 22, 2011 ATTACHMENT #1 Legislative, Finance & Administration Committee LF&A Committee Meeting of 08/22/2011

Background  Dover is an “entitlement” community that receives Community Development Block Grant (CDBG) funds from the Department of Housing and Urban Development (HUD)  Required to administer funds in accordance with the Fair Housing Act and certify our commitment to Affirmatively Further Fair Housing (AFFH)

Obligations to AFFH  Conduct an Analysis of Impediments to Fair Housing Choice  Develop actions to address the impediments identified  Maintain records of actions in this regard

2011 Analysis of Impediments  City of Dover joined with other entitlement communities – State of Delaware – New Castle County – City of Wilmington  Statewide Analysis of Impediments  Review of codes, regulations, policies, etc.

Fair Housing Choice  Federal law – ability of persons, regardless of race, color, religion, sex, disability, familial status, or national origin, of similar income levels to have available to them the same housing choices.

Strategies  Enforce the City's Section 3 policy to ensure that employment opportunities generated by HUD assistance are directed towards public housing residents and LMI residents.  Strengthen partnerships with local lenders that will offer homebuyer education and other incentives to purchase a home in the City.  Identify effective ways to increase homeownership among minorities, residents of low/mod census tracts, and low/mod residents.  Map the location (impacted areas vs. non impacted areas) of all new CDBG assisted housing projects as part of the Consolidated Plan process.

Strategies  Expand incentives for property owners and investors to build new affordable rental and owner units in the non-concentrated areas of the City.  Facilitate and promote land use policies and regulations that enable an increase in the supply of affordable rental housing in areas with adequate infrastructure.  Encourage landlords that are registered through the City's Rental Dwelling Housing Inspections Program to attend fair housing training. Work collaboratively with other jurisdictions to facilitate, coordinate, and market fair housing trainings.

Strategies  Amend the City’s FY 2010-2014 Consolidated Plan and FY 2010 Annual Plan to include a definition of racially and ethnically concentrated areas that is consistent with the definition provided in the AI.  Inclusion of responsibility and commitment to Affirmatively Further Fair Housing in 2013 Comprehensive Plan

Strategies  Amend the City's zoning ordinance to include a more modern definition for the term "family."  Amend the City's zoning ordinance to remove undue restrictions on group homes.  Obtain information from current board members to document race, gender, ethnicity, disability status, and familial status.  Conduct a more in-depth analysis of HMDA data to determine if discrimination is occurring against minority applicant households.

ATTACHMENT #2 LF&A Committee Meeting of 08/22/2011

ATTACHMENT #3 LF&A Committee Meeting of 08/22/2011

ATTACHMENT #4 LF&A Committee Meeting of 08/22/2011 Good Evening- My name is Gordon Basht, Director of Sales at Dover Downs Hotel & Casino. My role; along with my staff at Dover Downs is to find organizations such as Groups, Conventions, Corporations and Motorcoach Companies to come to Dover Downs and the CITY Dover. I am here tonight to discuss the disadvantages of imposing additional occupancy taxes on all of our groups and guests. Over the past few years we have been fortunate to finally place Dover Downs Hotel & Casino, Kent County, and the City of Dover, as the premiere destination for National and Regional Conferences/Conventions and the Motorcoach Market. Since starting at Dover Downs Hotel & Casino, persuading these groups to select our location has not been an easy task. This is due primarily due to the following constraints that are forced upon us: Lack of Public Transportation No Commercial Airport or Regional Rail Service and Dover being classified as the 3rds tier destination

Overtime we have been able to show the value of selecting Dover Downs, Kent County and the city of Dover, by highlighting our  Attractions  History  Culture  Affordability  Friendly customer service,  Tax-Free shopping  AND most importantly our LOW Occupancy tax. With the state of the economy over the past several years, meeting planner and site selection committees have been scrutinizing every financial aspect involved in planning these events. For example here are some new and repeat conferences we were recently awarded PRIMARILY due to Delaware’s lower occupancy tax.  Mid-Atlantic College Stores- 300 room nights (Hyatt Chesapeake-13.5%)  Multiple District Lions- 535 Rooms (Salisbury, MD 13.5%)  Chrysler’s Mid-Atlantic Dealer Conference 400 room nights (Trump-Taj Mah 14%)  Baystate Pool Supply- 500 room nights (Mohegan Sun- 15 %)  New Jersey Campground Owners Conference 250 room nights (Caesars, Atlantic City 14 %)

 PennDel Affordable Housing Conference 350 Room nights (Valley Forge 9%) And not to mention, ONE of Delaware largest Conferences ...The International Arson Investigators Conference coming this April with 2340 rooms night. We were primarily selected over the Hershey Lodge (11%) due to our low occupancy tax. Now let’s look at the scenario when the state of DELAWARE IS SELECTED to be the host state, Enacting the additional tax will NOW persuade the planners to select hotels outside the City of Dover - who do not face the challenges listed above. In closing, as you can see by increasing the existing occupancy tax, will deter potential business opportunities in the Group/Convention Market. The planner will feel there are no benefits to come to Dover, Delaware, as they are enduring the same tax structure as they would if they selected a 1st or 2nd tier city, and not to mention they will still have to deal with the “transportation issue”. Thank you.

ATTACHMENT #5 LF&A Committee Meeting of 08/22/2011 Leg & Fin Committee Meeting City Hall 8/22/11 Speaking Points: • Good evening committee members, my name is Victor Schimp and I am the General Manager of the Sheraton Dover Hotel and the Chairman of the Board of Directors for the Central Delaware Chamber of Commerce. Thank you for allowing me the opportunity to speak before you tonight. • The CDCC is in strong opposition to a gross receipts tax or city hotel tax-the committee should have received a letter stating this opposition • Creates an unfair competitive disadvantage for the city hotels • Customers are extremely price sensitive when looking where to spend their disposable income • Dover is not a resort/metropolitan area where a city tax may or may not be warranted-we depend on being competitive with rates and low lodging taxes. • Dover does not have enough demand drivers to justify a city tax- we are not a resort, Philadelphia, Washington D.C. New York City, etc. • The Kent County lodging community has been experiencing the “perfect storm” for the last nearly four years-increased supply and decreased demand • Increased supply as a result of the post 911 long term military presence where new properties came on line • Decreased demand-the recession that began in late 2007 • Please look at the chart titled “Kent County Lodging Report 2006-2011” • OCC% ADR RevPar discussion...What is RevPar? • Based on these numbers why would the City consider taxing an industry already distressed and trying to keep their head above water. • Committee members... the lodging community implores you to reconsider and withdraw this gross receipts or city hotel tax immediately. Hotels and the constituents that work in them are depending on this committee to do the right thing for the sake of their jobs. • Thank you.

ATTACHMENT #6 LF&A Committee Meeting of 08/22/2011

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE The Safety Advisory and Transportation Committee Meeting was held on August 24, 2011 at 5:00 p.m. with Chairman Hutchison presiding. Members present were Mr. Lynn, Mrs. Russell (arrived at 5:14 p.m.) , Mr. Davis, and Mr. Hutchison. AGENDA ADDITIONS/DELETIONS Mr. Davis moved for approval of the agenda, seconded by Mr. Hutchison and unanimously carried. Updates The following updates were provided: Purchase of Collegian Property on Loockerman Street and North Street Parking Lot Mr. William Neaton, Economic Development Director, and Mr. Gregg Moore, President, Downtown Dover Partnership (DDP), reminded members that following the construction of the Dover Transit Center, the Metropolitan Planning Office (MPO) decided that a neighborhood study should be conducted to determine appropriate uses for properties surrounding the area. Mr. Moore stated that a Master Plan was completed for the entire downtown area. He indicated that several project sites were identified for improvement in the Master Plan, and presented information on the North Street Parking Lot and the Collegian Property located at 114, 116, 126, and 128 W. Loockerman Street. Mr. Moore noted that, currently, there are seven (7) different parking lots on North Street, separated by fences, with individual entrances and exits. He reviewed the North Street Parking Lot Consolidation - Concept Design and explained that by consolidating the seven (7) parking lots into one (1), 35 additional parking spaces would be made available downtown. In addition, he stated that it would be possible to install a sidewalk at the location to provide for pedestrian traffic. Mr. Moore provided members with an aerial map of North Street (Attachment #1), which depicted properties in the area. He advised members that the City leases property from Rudolph Von Croy to provide for permitted parking. Mr. Moore stated that there are 30-40 parking spaces available each day; however, he noted that the parking area is “hidden.” He stated that the consolidation project would provide an entrance to the parking lot off Bank Lane as well as North Street and provide more visibility for the parking lot. The project would allow for paving, landscaping, lighting, etc. Mr. Moore explained that this project would then allow the DDP to market the former Sears Building (20,000 sq. ft.) more effectively, noting that without available parking it would be challenging to find a viable user. He stated that the additional 35 parking spaces would benefit other businesses in the area as well. In conjunction with the Parking Lot Consolidation Project, Mr. Moore stated that it would be necessary to make improvements to North Street, which currently has inadequate sidewalks, lighting, and utilities. The desire is to install brick sidewalks, new curb gutters, new pathways, etc. to make North Street aesthetically pleasing and allow it to serve as another gateway to the City. In addition, Mr. Moore reviewed three (3) concept plans for the Collegian Property which would maintain pedestrian pathways from Loockerman Street to and from North Street. In reviewing Concept 3, he noted that, due to the number of vacant buildings in the downtown area, it would not be appropriate to construct additional buildings at this time. Therefore, Mr. Moore noted that

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF AUGUST 24, 2011 PAGE 2 Concepts 1 and 2 would maintain pedestrian pathways and create a plaza for the community’s use until it becomes feasible to construct the building(s). He reiterated that the ultimate goal would be to construct buildings on the property. Mr. Neaton advised members that architectural and engineering Requests for Proposals (RFPs) have been issued for the entire project and are due to be returned by September 14, 2011. In addition, an RFP has been issued for legal advice for consolidation of the parking lots, with a return date of September 14, 2011. Once the RFPs are received, architecture and law firms will be selected to provide guidance on moving forward with the projects. Mr. Neaton stated that construction is anticipated to begin after the first of the year. He stated that staff is extremely excited about these projects and that they are the first steps toward real revitalization of the downtown area. Mr. Moore reminded members that the vacant building at 22-24 W. Loockerman Street, which was formerly occupied by W.T. Grant and consists of 20,000 sq. ft., was purchased by the DDP. He provided members with a sketch (Attachment #2) of suggested upgrades to the building being proposed by the DDP in an attempt to make the property more appealing, including refacing the rear of the building to become the front entrance. Mr. Moore felt that the improvements to the building, the parking lots, and North Street would make the property more marketable to businesses. He noted that although this project is not a part of the $3M that the DDP received through the FY 2012 State Bond Bill to finance area improvements, it is a part of the overall plan to make investments in the heart of downtown in an effort to upgrade Loockerman Street and The Green, and to improve parking. In addition, Mr. Moore explained how the proposed upgrades would “invite” Wesley College students and their parents to the downtown area by providing a passageway. He advised members that the Frear Building was recently purchased by Wesley College to be used as their nursing school. The plan would allow for pedestrian traffic between the college and the Frear Building and bring people to the downtown area. Chairman Hutchison relayed his appreciation for the dedication and enthusiasm of those working on the proposed project and urged members to support these plans for the betterment of the community. Sex Offender Unit Police Chief James Hosfelt reviewed a Presentation of the Sex Offender Mandates & Reporting Requirements for the City of Dover (Attachment #3), noting that there were currently 221 registered offenders in the City, which included an increase of 14 since the beginning of month. He noted that there are two (2) police officers assigned to the Sex Offender Unit whose sole responsibility is to manage and supervise sex offenders. Mr. Koenig questioned if there was data available on programs implemented by other states to manage the sex offender registry. He inquired if there were any other options that would alleviate the use of certified police officers. Responding, Police Chief Hosfelt stated that other states utilize the Dover Police Department program as a model. He noted that the Delaware State Police currently

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF AUGUST 24, 2011 PAGE 3 utilize retired police officers as civilian Sex Offender Agents due to the need to carry a badge and gun. Chief Hosfelt explained that arrest powers for these individuals are limited to crimes involving sex offenses. Dover High School Construction Mr. Scott Koenig, Interim City Manager, advised members that several City Staff members, along with representatives of the Delaware Department of Transportation (DelDOT), Mr. Gregg Moore, Becker Morgan Group, and EDiS recently met to review the current status of the Dover High School construction. He stated that Capital School District is currently working on some issues related to the Department of Natural Resources and Environmental Control (DNREC) and the Soil Intrusion Control Program. Mr. Koenig indicated that work has begun on underground utilities and the foundation package has been let. An agreement with DelDOT and the City is being discussed to issue a “foundation only” permit in October in order to allow for work during the winter months on the foundation before setting steel in the spring. Mr. Koenig noted that there are several issues that remain to be resolved related to the road design, an adjacent apartment complex, and coordination of responsibilities. He stated that, as a result, a complicated series of discussions would be held and relayed appreciation for the quarterly coordination meetings. Although the completion of the project is not anticipated until 2014, Mr. Koenig indicated that it is important for certain milestones to be met this fall in order to remain on schedule and noted that there are third parties involved who could impact the schedule. Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members that if the foundation is not started this fall, it would set back the opening of the school another school year; therefore, the City of Dover and DelDOT are trying to be very helpful, while at the same time assuring that authorizations are not issued too far in advance. Responding to Chairman Hutchison, Mrs. Townshend stated that coordination meetings are being held quarterly involving this project, as well as additional monthly meetings as needed. In response to Mr. Davis, Chairman Hutchison suggested that staff present information on the project milestones to the Committee as they are met so that Council can be informed. Briefing on Delaware Department of Transportation (DelDOT) Projects - Gary Laing Due to the absence of Mr. Gary Laing, Community Relations Officer and Public Relations Liaison for the Delaware Department of Transportation (DelDOT) , Mr. Scott Koenig, Interim City Manager, provided a briefing on DelDOT Projects, as follows: West Dover Connector Mr. Koenig stated that, to his knowledge, DelDOT is working on the preliminary engineering for the West Dover Connector and that approximately $5M has been budgeted for the planning and preliminary engineering for this project.

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF AUGUST 24, 2011 PAGE 4 Route 8 and Hazlettville Road Corridor Mr. Koenig stated that DelDOT has held preliminary meetings on the Route 8 and Hazlettville Road Corridor Project. Mr. James Galvin, Principal Planner, Dover/Kent County Metropolitan Planning Organization (MPO), indicated that DelDOT has amended the Dover MPO 2012-2015 Transportation Improvement Program to include the Hazlettville/Route 8 Connector; therefore, funding has been allocated to the project and it is planned for completion in 2015. Water Street Railroad Crossover Mr. Koenig stated that the Water Street Railroad Crossover is a concept plan to extend Water Street across the railroad into the Eden Hill area. He indicated that it would be difficult to move forward with this project due to Conrail’s strict policy that one (1) or more railroad crossings must be surrendered in order to obtain an additional crossing. Mr. Koenig noted that there are no crossings in the City that could be easily eliminated. He stated that he believed that this project would only be considered if a commuter rail service were proposed in the future in the area of the Dover Transit Center. Wyoming Mill Road Project Mr. Koenig advised members that work has begun on the Wyoming Mill Road Project and it is hoped that paving will begin within the next month. Transit Center Mr. Koenig stated that, to his knowledge, Requests for Proposals (RFPs) were solicited for the Transit Center building project and he had no further information regarding this project. Briefing on Dover/Kent County Metropolitan Planning Organization (MPO) Projects - Richard Vetter Mr. Richard Vetter, Executive Director of the Dover/Kent County Metropolitan Planning Organization (MPO), reminded members that the Regional Bicycle Plan for 2030 was developed as a by-product of the Dover/Kent MPO Long-Range Transportation Plan. He reviewed both the Off-Road and On-Road Project Recommendations (Attachments #4 and #5). Mr. Vetter stated that the public comment period for these recommendations has been completed. In addition, he provided members with a 2011 Bicycle Map for Kent County Delaware issued by DelDOT that lists challenging areas, primary routes, regional routes, etc. Mr. Vetter also provided members with Map 5-2 from the Transportation Improvement Districts Study (Attachment #6) and explained that the MPO is coordinating with Kent County and DelDOT to review transportation improvement districts in an attempt to develop a Master Plan. He noted that the only area involving the City of Dover is a relatively small area located in the southern portion of the Cheswold Plan. He anticipated the Study would take one (1) year to complete.

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF AUGUST 24, 2011 PAGE 5 Proposed Ordinance #2011-22 - Chapter 106 - Traffic and Vehicles, Article III - Stopping, Standing and Parking, Division 2 - Metered Parking Related to Immobilization of Vehicles Members were provided Proposed Ordinance #2011-22, which would allow the Police Department to use a device to immobilize a vehicle that has unpaid parking tickets exceeding $200 that are 30 days past due. Lt. Alan Rachko, Special Enforcement Unit Commander, advised members that the Dover Police Department has accumulated over $226,000 in uncollected parking fines over the last two (2) years (July 15, 2009 through July 15, 2011). From January 2011 through July 2011 the Dover Police Department wrote $82,595 in parking fines. He stated that past methods for recovering this money have had little success and have required valuable work hours by police officers which could be used elsewhere. Lt. Rachko noted that current procedure provides for a collection agency to be used in an attempt to recoup these fines; however, this has met with little success. He noted that there are six (6) individuals who owe over $1,000 in fines, two (2) that owe $3,700 and $3,300, an additional seven (7) individuals who owe over $500, and 35 individuals who owe in excess of $200. Lt. Rachko stated that he met with members of the Dewey Beach Police Department who use vehicle immobilization, which is commonly known as “a parking boot,” for such problems. They indicated that this has allowed them to recover a large percentage of fines with less impact on the workforce and that the boot takes just minutes to install and to remove. Lt. Rachko advised members that this tool is used across the country by municipalities to collect monies owed to them and that the Wilmington Police Department has used these devices for years with great success. It was his opinion that the use of this tool by the City of Dover would allow the Dover Police Department to recover a large portion of overdue fines owed with little impact on the department’s staffing and, as the public becomes aware of this tool, it will act as a deterrent and the amount of unpaid fines will decrease. Staff recommended adoption of Proposed Ordinance #2011-22 which would allow the Police Department to use a device to immobilize a vehicle that has unpaid parking tickets exceeding $200 that are 30 days past due. Lt. Rachko provided members with the warning notice provided by Dewey Beach when the parking boot is utilized (Attachment #7). Responding to Chairman Hutchison, Police Chief James Hosfelt stated that the cost of a parking boot is less than $700. Lt. Rachko stated that there are grant funds available for the purchase cost of the parking boots; therefore, there should be no cost to the City. It was anticipated that five (5) parking boots would be necessary. Lt. Rachko assured members that, if approved, there would be ample notification of the change to alert the public to the use of the parking boot. Mr. Lynn moved to recommend adoption of Proposed Ordinance #2011-22 (Attachment #8) that would allow the Police Department to use a device to immobilize a vehicle that has unpaid parking tickets exceeding $200 that are 30 days past due. The motion was seconded by Mrs. Russell and unanimously carried.

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF AUGUST 24, 2011 PAGE 6 Discussion - Alcohol Control Measurers (Referred back to Staff during the Meeting of April 27, 2011 to Conduct Further Research) During their meeting of April 27, 2011, members discussed various alcohol control measures to address concerns related to alcohol misuse in the Downtown Dover area and, after much discussion, referred the matter back to staff for further research. Mrs. Ann Marie Townshend, Director of Planning and Community Development, reminded members that consideration of developing alcohol control measures was the result of problems that primarily involved one (1) establishment located in the downtown area. After several meetings with the business community, she stated that it was apparent that there was clearly no appetite for additional regulations in this regard. Mrs. Townshend stated that it was the sense of the business community that if the City were to institute such regulations, it would penalize those who are conducting business correctly. She reminded members that there were volunteers who agreed to meet to develop a brochure of “responsible management practices;” however, the City has been unsuccessful in having the volunteers meet and the business community prefers that the City handle these problems within the framework that is currently available rather than addressing all businesses. Mrs. Townshend stated that the Division of Tobacco and Alcohol Enforcement has relocated their headquarters from New Castle County to the City of Dover and it was her understanding that they have a desire to work with the City to address problems as they arise. Police Chief James Hosfelt stated that it is hoped that with the headquarters being close, there will be greater cooperation by the Division of Tobacco and Alcohol Enforcement. Prioritization of City of Dover State Capital Transportation Program (CTP) Projects Mrs. Ann Marie Townshend, Director of Planning and Community Development, reminded members that each year, City Council develops a list of transportation priorities and shares these priorities with the Secretary of Transportation for consideration as the Department of Transportation develops the State’s Capital Transportation Plan (CTP). Members were provided a copy of last year’s transportation priorities, as approved by City Council on October 11, 2010. Upon reviewing last years’ approved priorities, staff submitted the following priority ranking for the coming year. 1. West Dover Connector 2. Route 8/Hazlettville Road Connector (formerly identified as North/South Road between Route 8 and Hazlettville Road on the West Side of the Capital School District Property and the Village of Cannon Mills) 3. Garrison Oak Connector Road 4. Dover Transit Hub (Intermodal Transportation Center) – This represents the building associated with the Dover Transit Hub, which will be constructed as a public/private partnership. 5. Loockerman Street/Forest Street Improvements 6. US Route 13 Service Road Corridor 7. US Route 13 Sidewalk Construction 8. Kenton Road Corridor Upgrades 9. College Road Corridor Upgrades 10. Crawford Carroll Avenue Extension

SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF AUGUST 24, 2011 PAGE 7 Mrs. Townshend noted that last year, a prioritization list of programs and policies was also included; however, staff did not recommend that a ranking of programs and policies be forwarded to the Department of Transportation for the coming year. Mr. Hutchison moved to recommend approval of the Prioritization of City of Dover State Capital Transportation Program (CTP) Projects, as recommended by staff. The motion was seconded by Mr. Davis and unanimously carried. There being no further business, by unanimous consent, the meeting was adjourned. Meeting Adjourned at 6:07 P.M. James L. Hutchison Chairman JLH/js/jg/dd/tm S:\AGENDAS & MINUTES\Committee-Minutes\2011\08-24-2011 SA&T.wpd Attachments Attachment #1 - Aerial Map of North Street (to original and file copy) Attachment #2 - Sketch of 22-24 West Loockerman Street (to original and file copy) Attachment #3 - Presentation of the Sex Offender Mandates & Reporting Requirements (to original and file copy) Attachment #4 - Dover/Kent County MPO Regional Bike Plan 2030 - Off-Road Project Recommendations (to original and file copy) Attachment #5 - Dover/Kent County MPO Regional Bike Plan 2030 - On-Road Project Recommendations (to original and file copy) Attachment #6 - Map 5-2 of the Transportation Improvement Districts Study (to original and file copy) Attachment #7 - Dewey Beach Notice for Parking Boot (to original and file copy) Attachment #8 - Proposed Ordinance #2011-22

ATTACHMENT #8 SA&T Committee Meeting of 08/24/2011 CITY OF DOVER PROPOSED ORDINANCE #2011-22 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 106 – Traffic and Vehicles, Article III – Stopping, Standing and Parking, Division 2 – 5 Metered Parking, Section 106-164 – Violations; penalties, be amended by inserting the text indicated 6 in bold, blue, italics, re-lettering paragraph (d) as (e), and inserting a new paragraph (d) as follows: 7 8 (a) Generally. Any person convicted of violating the provisions of this division or of 9 aiding, abetting or assisting in the violation of said provisions shall be sentenced to 10 pay a fine as provided for in Appendix F—Fees and Fines. After the expiration of 24 11 hours, the violator may pay the sum as provided for in Appendix F—Fees and Fines, 12 if payment is made voluntarily prior to the time and date set forth in the summons. 13 14 (b) Fourth violation. Any person committing a fourth violation within any 30-day period 15 of the provisions of this division within one hour from the time that the summons 16 giving notice of the violation is issued, may pay as provided for in Appendix F—Fees 17 and Fines. After the expiration of one hour from the issuance of the summons, the 18 violator may pay each such violation as provided for in Appendix F—Fees and Fines, 19 if payment is made voluntarily prior to the time and date set forth in the summons. 20 21 (c) Fifth violation, etc. Any person committing more than four violations within any 30- 22 day period of the provisions of this division may pay the sum as provided for in 23 Appendix F—Fees and Fines, if payment is made voluntarily prior to the time and 24 date set forth in the summons. 25 26 (d) Enhanced civil enforcement authority. If five (5) or more violations of this Article 27 have been issued to a vehicle and those violations are more than thirty (30) days 28 past due or if accumulated unpaid violations of this Article exceed more than 29 $200.00, the vehicle shall be subject to enhanced civil enforcement, as follows: 30 (1) Such vehicle found parked on any street in the City of Dover shall be 31 immobilized by any police officer or parking enforcement employee of this 32 City in such manner as to prevent its operation. Any vehicle so immobilized 33 or impounded shall not be released to its lawful owner until all unpaid 34 violations and applicable administrative fees issued to such owner have been 35 discharged by payment in full, together with payment for the costs of 36 immobilizing, releasing, and storing such vehicle. The owner shall sign a 37 receipt for such vehicle. Payment for any such towing shall be in 38 accordance with the towing costs outlined in the current agreement between 39 the police department and the towing operator. If the vehicle is a tractor- 40 trailer combination, the trailer may be released to an authorized agent if the 41 tractor-trailer is immobilized pursuant to this section. 42 (2) In any case involving immobilization of a vehicle pursuant to this section, 43 the police officer or parking enforcement employee shall place on such 44 vehicle, in a conspicuous manner, notice sufficient to warn any individual 45 that such vehicle has been immobilized and that any attempt to move such 46 vehicle might result in damage to such vehicle.

Proposed Ordinance #2011-22 – Ch 106, Art III, Div 2, Sec 106-164 and Appendix F Page 2 47 (3) Any vehicle remaining immobilized and not release for 120 hours may be 48 towed and impounded at the direction of a police officer or parking 49 enforcement employee. 50 (4) Any person who unlawfully removes a device for immobilization of a vehicle 51 shall be fined as provided for in Appendix F – Fees and Fines. 52 (5) Any person who tows or otherwise moves an immobilized vehicle without 53 authorization by the Chief of Police or his designee shall be fined as 54 provided for in Appendix F – Fees and Fines. 55 56 (d) (e) Cost. No cost will be assessed if payment of the penalty as hereinbefore imposed is 57 voluntarily paid without the necessity of a hearing before the proper official. 58 59 60 BE IT FURTHER ORDAINED: 61 62 That Appendix F – Fees and Fines, Chapter 106 – Traffic and Vehicles, Article III – Stopping, 63 Standing and Parking, Division 2 – Metered Parking, Section 106-164, be amended by deleting the 64 text indicated in bold, red, strikeout and inserting the text indicated in bold, blue, italics as follows: 65 Chapter 106—Traffic and Vehicles, Article III—Stopping, Standing and Parking, Division 2— Metered Parking Sec. 106-163 Use of meters required Subsec. Coins accepted (b) Each $0.01 coin ..... Permits the vehicle to be parked for a period of 12 minutes Each $0.05 coin ..... Permits the vehicle to be parked for a period of 60 minutes Sec. 106-164 Violations; penalties Subsec. Generally; Each violation if paid within 24 A fine of not less than $1.00 for (a) hours from time summons giving notice of each violation violation is issued ..... Subsec. Generally; Each violation if paid after $2.00 for each violation, if (a) expiration of 24 hours from time summons payment is made voluntarily giving notice of violation is issued ..... prior to the time and date set forth in the summons Subsec. Fourth Violation; Each violation if paid $1.00 for each such violation (b) within one hour from time summons giving notice of violation is issued ..... Subsec. Fourth Violation; Each violation if paid $2.00 for each violation, if (b) after expiration of one hour from time payment is made voluntarily summons giving notice of violation is prior to the time and date set issued ..... forth in the summons

Proposed Ordinance #2011-22 – Ch 106, Art III, Div 2, Sec 106-164 and Appendix F Page 3 Subsec. Fifth violation, etc.; Any person $5.00 for each such violation, if (c) committing more than four violations payment is made voluntarily within any 30-day period of the provisions prior to the time and date set of this division ..... forth in the summons. Subsec. Any person who unlawfully removes a $500.00 fine for each violation (d)(4) device for immobilization of a vehicle ..... Subsec. Any person who tows or otherwise moves $500.00 fine for each violation (d)(5) an immobilized vehicle without authorization by the Chief of Police or his designee ..... Subsec. Cost. No cost will be assessed if payment of the penalty as hereinbefore (d) (e) imposed is voluntarily paid without the necessity of a hearing before the proper official 66 ADOPTED: * 67 68 69 SYNOPSIS 70 The proposed ordinance would allow the Police Department to use a 71 device to immobilize a vehicle that has unpaid parking tickets 72 exceeding $200 that are 30 days past due. 73 74 75 76 Actions History 77 August 24, 2011 - Scheduled for Consideration by the Safety Advisory and Transportation Committee 78 79 80 S:\ORDINANCES\2011\Draft\Ordinance 2011-22 Ch. 106, Art. III, Div 2, Sec 106-164 - Metered Parking Violations - Draft - SA&T.doc

ACTION FORM PROCEEDING: Legislative and Finance Committee DEPARTMENT OF ORIGIN: Fire Marshal’s Office DATE SUBMITTED: August 1. 2011 PREPARED BY: David Truax - Fire Marshal SUBJECT: Law Enforcement Training REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: Director of Planning & Community Development, Interim City Manager, City Controller EXHIBITS: Letters from Office of the Attorney General and Dover Police Chief, Summary of Cost Savings EXPENDITURE REQUIRED: $ 2,500 for training & $1,300 for equipment AMOUNT BUDGETED: $ 0 FUNDING SOURCE (Dept. /Page in CIP & Budget): Staff proposes that funds be transferred within the FY 2012 Life Safety operating budget. Funds would be transferred from Safety & Security 110-1600-531.20-32 to Training 110-1600-531.30-28 TIMETABLE: As soon as an academy class opens up (Fall 2011). RECOMMENDED ACTION: Staff recommends that the Committee support sending a deputy fire marshal to Police Academy Training. BACKGROUND AND ANALYSIS For the past 15 years the Fire Marshal’s office has relied on Dover Police Department to assist with fires that have been determined to be of a criminal nature. The reason for this is that Fire Marshals for the City do not have law enforcement powers. State Fire Marshals and City of Wilmington Fire Marshals do have these powers. The first paid Fire Marshal for the City of Dover Jack Rowe was with the city police prior to being appointed Fire Marshal and Fire Marshal Jimmy Melvin was given police powers though a Dover Police training academy in 1991. Although the present joint investigation method has served the city well in past years, the complexity and time needed to make an arrest for the crime of arson is making this system cumbersome. Based on the cost of overtime for a Dover police detective, with approximately 8 to 10 responses to fire calls each year, we estimate a savings of approximately $3,000 per year in Police Department overtime should a deputy fire marshal be granted police power. The training cost is estimated at $2,500, and the equipment cost is estimated at $1,300. The deputy fire marshal with police training would be able to participate in training offered by the Police Department to maintain the police certification with no additional cost to the City. There are no promotions, upgrades, or anticipated increases in salary associated with this training. In addition to the overtime savings, Fire Marshals having law enforcement powers would allow for the Fire Marshal’s Office to conduct a criminal fire investigation through to the end, free up Dover Police Department from having to conduct criminal fire investigations, and ensure public safety by conducting thorough investigations.

FIRE MARSHAL Dave Truax Fire Marshal PHONE: (302) 736-7011 FAX: (302) 736-4217 DEPUTY FIRE MARSHALS Sam Gonzalez Ed Graves Tim Mullaney Here is the number of times Dover PD Patrol assisted the FMO during a fire investigation. They are the first to arrive on scene and start gathering witnesses and suspect’s information in not so nice areas of the City. They remain on scene as security for the Fire Marshals as they are not armed. A Patrol Officer with 2 years of experience makes $22 an hour. The average time spent assisting us on a fire scene is about 1 hour. 2006 87x $22 =$1,914 2007 88x $22 =$1,936 2008 87x $22= $1,914 2009 66x $22= $1,452 2010 66x $22+ $1,452 The CI “Criminal Investigations” Unit assists the FMO about 8 to 10 times a year. This is never the same each year as the FMO is busier some years than others. The lowest Detective paid is around $50 an hour. The average amount of time that a Detective puts into the average case is about 4-6 hours; 6x$50= $300 per case. $300 x 10=$3,000. The average money spent per year for assists by Patrol Units is $1,733.60 + $3,000= $4,733.60. I have tried to use the lowest numbers for pay. The bigger the fire, the more time Patrol and CI have to invest; however, I think it would be safe to say that by providing Fire Marshal Law Enforcement Training, it could save about $4,000 a year. The cost of the training is an average of $2,500 and includes the following: Training Cost Physician $ 500 Psychiatric Test $ 180 Food (State Police Academy) $1,100 PT Clothing $ 320 Uniform $ 400 Total $2,500 P.O. Box 475, Dover, DE 19903-0475 Community Excellence Through Quality Service

CITY OF DOVER FINANCE DEPARTMENT MONTHLY BUDGET REPORT JULY 2011 PREPARED BY: FINANCE DEPARTMENT PLEASE NOTE – THIS REPORT PROVIDES TOP LINE INFORMATION ON THE THREE MAJOR OPERATING FUNDS. IF YOU WOULD LIKE ADDITIONAL INFORMATION, PLEASE FEEL FREE TO CONTACT THE FINANCE DEPARTMENT.

Page 2 of 10 City of Dover Finance Department Monthly Budget Report July 2011 S Strategic Objectives for Fiscal Year 2011 – 2012 1. Coordinate audit program with the Legislative, Finance & Administrative Committee. 2. Fortis training and implementation for Payroll and Accounts Payable. 3. Each Staff Member will take three in-house Sungard training sessions. ACTIVITY LEVELS FY11 YTD FY12 YTD BANK TRENDS Number of Deposits Made 217 262 Total Amount of All Deposits $ 9,575,671 $ 19,976,389 PAYROLL Hours % Amount Hours % Amount Gross wages per registers 108,042 100.0% $ 2,335,801 106,089 100.0% $ 2,473,729 Wages and Hours Worked Regular 88,655 82.1% $ 1,835,691 88,831 83.7% $ 1,882,669 All over time 3,443 3.2% $ 143,322 2,998 2.8% $ 179,542 Other Paid or Unpaid Wages and Hours Vacation 8,176 7.6% $ 213,573 8,860 8.4% $ 241,940 Sick 1,749 1.6% $ 38,497 4,074 3.8% $ 126,033 Furlough 1,458 1.3% $ - - 0.0% $ - Terminal Leave - Retiree Vacation/Sick Payout 1,981 1.8% $ 55,601 - 0.0% $ - Comp Time (Police) 802 0.7% $ 24,698 950 0.9% $ 29,503 Personal 195 0.2% $ 5,914 161 0.2% $ 4,562 Leave Without Pay 53 0.0% $ - 20 0.0% $ 467 Other (description below) 1,532 1.4% $ 18,506 196 0.2% $ 9,014 Other includes: pay adjustments, military differential pay, committee meetings, worker compensation tracking/adjustments, etc. Other Activity Number of Pay Periods 3 3 Number of Payroll Checks & Direct Deposits Issued 1,335 1,211 Number of Pension Checks Issued 238 238 Total Pension Benefits Paid - Defined Benefit Plan $ 376,397 $ 386,250 Payroll Checks & Direct Deposits issued: number of payroll checks issued for FY 2010 includes separate checks for shoe allowance & clothing allowance. ACCOUNTS PAYABLE Number of Check Vouchers 242 260 Number of EFT Vouchers 85 90 Vouchers Dollar Amount Disbursed $ 1,692,603 $ 1,725,297

Page 3 of 10 City of Dover Finance Department Monthly Report – July 2011 General Fund Summary 8% of Budget YTD Balance Budget Beginning Balance (Unaudited) $ 3,322,305 $ 3,433,243 $ (110,938) 103.3% Revenues Court of Chancery Fees 690,000 74,160 615,840 10.7% Fines & Police Revenues 939,000 106,547 832,453 11.3% Franchise Fees 520,000 - 520,000 0.0% Grants 753,500 6,076 747,424 0.8% Intrafund Services 4,359,171 257,510 4,101,661 5.9% Library & Recreation Revenues 587,000 12,607 574,393 2.1% Licenses & Permits 2,457,675 1,009,921 1,447,754 41.1% Property Taxes (Includes BID Revenue) (1) 11,185,188 10,613,152 572,036 94.9% Sanitation Revenues 2,050,000 164,802 1,885,198 8.0% Other Miscellaneous Revenues 381,650 3,072 378,578 0.8% Garrison Farm Rent Revenue 87,000 13,750 73,250 15.8% Transfers-In from Special Funds & Utilities Civil Traffic Penalties 1,000,000 - 1,000,000 0.0% Municipal Street Aid Fund 526,814 - 526,814 0.0% Transfer Taxes 900,000 - 900,000 0.0% Water/Wastewater Fund 424,508 - 424,508 0.0% Electric Fund 7,876,288 - 7,876,288 0.0% Total Revenues 34,737,794 12,261,597 22,476,197 35.3% Total Beginning Balance & Revenues $ 38,060,099 $ 15,694,840 $ 22,365,259 41.2% Expenditures City Clerk & Council $ 417,092 $ 25,811 $ 391,281 6.2% Mayor, City Manager & Human Resources 1,088,039 47,058 1,040,981 4.3% Police & Police Extra Duty 13,386,407 799,019 12,587,388 6.0% Public Services 4,566,400 298,161 4,268,239 6.5% Central Services 2,341,454 226,135 2,115,319 9.7% Planning & Inspections 1,934,120 111,252 1,822,868 5.8% Finance, Info Tech & Customer Services 2,466,266 142,280 2,323,986 5.8% Library & Recreation 1,948,788 136,559 1,812,229 7.0% Fire Department 684,725 93,843 590,882 13.7% Assessor 213,175 18,934 194,241 8.9% Insurance 550,000 263 549,737 0.0% OPEB - Retiree’s Health Care Contribution 1,374,709 343,677 1,031,032 25.0% Police Pension Trust Contribution - State Grant 620,000 - 620,000 0.0% Appropriation to Pension Fund 1,545,000 - 1,545,000 0.0% Street Lights 960,000 86,088 873,912 9.0% Debt Service 327,270 303,400 23,870 92.7% Provision for Uncollectible 10,000 10,000 - 100.0% Transfers Out Capital Asset Reserve 200,000 - 200,000 0.0% Capital Projects Fund 623,847 623,847 - 100.0% Total Expenditures 35,257,292 3,266,327 31,990,965 9.3% Budget Balance - Working Capital 2,802,807 - 2,802,807 0.0% Total Budget Balance & Expenditures $ 38,060,099 $ 3,266,327 $ 34,793,772 8.6% Reserve Balances Contingency $ 725,554 $ 711,747 (1) Property Taxes are the taxes billed and not cash received. The outstanding receivable balance as of 7/31/11 is $2,636,428.86 as compared to $10,060,745.30 in July 2010. (2) No OPEB expense recorded for July.

Page 4 of 10 City of Dover Finance Department Monthly Report – July 2011 Water/Wastewater Fund Summary 8% of Budget YTD Balance Budget Beginning Balance - Water (Unaudited) $ 2,385,027 $ 2,567,172 $ (182,145) 107.6% Beginning Balance - Wastewater (Unaudited) $ 1,741,242 $ 1,921,077 $ (179,835) 110.3% Beginning Balance - Kent County Treatment (Unaudited) $ (1,757,484) $ (1,243,243) $ (514,241) 70.7% Revenues Water Fees 4,603,400 524,636 4,078,764 11.4% Wastewater Fees 3,756,700 351,348 3,405,352 9.4% Kent County Treatment Fees 3,090,900 291,552 2,799,348 9.4% Ground Water Adjustment Fees 1,386,900 114,690 1,272,210 8.3% Water Tank Leases 307,600 2,742 304,858 0.9% Miscellaneous 85,800 4,464 81,336 5.2% Impact Fees - Water 323,000 20,900 302,100 6.5% Impact Fees - Wastewater 357,000 23,100 333,900 6.5% Total Revenues 13,911,300 1,333,432 12,577,868 9.6% Total Beginning Balance & Revenues $ 16,280,085 $ 4,578,438 $ 11,701,647 28.1% Expenses Water/Wastewater Operating Divisions Engineering & Inspection $ 622,230 $ 28,716 $ 593,514 4.6% Water 382,655 23,470 359,185 6.1% Water Treatment Plant 1,543,114 90,921 1,452,193 5.9% Wastewater 959,735 55,331 904,404 5.8% Construction & Inspection 440,088 24,183 415,905 5.5% Kent County Treatment Fees 4,235,400 262,513 3,972,887 6.2% Intrafund Services 1,228,596 67,210 1,161,386 5.5% OPEB - Retiree’s Health Care Contribution 190,830 47,708 143,122 25.0% OPEB Trust Contribution 228,400 - 228,400 0.0% Debt Service 736,936 - 736,936 0.0% Inventory/Fixed Asset Writeoffs 10,000 10,000 - 100.0% Transfers Out General Fund 424,508 - 424,508 0.0% Uncollectible Reserve 5,000 5,000 - 100.0% Contingency Reserve 8,000 - 8,000 0.0% Water I & E Fund 750,000 - 750,000 0.0% Wastewater I & E Fund 1,000,000 - 1,000,000 0.0% Capital Asset Reserve - Water 100,000 - 100,000 0.0% Capital Asset Reserve - Wastewater 300,000 - 300,000 0.0% Impact Fee Reserve - Water 36,147 - 36,147 0.0% Total Expenses 13,201,639 615,052 12,586,587 4.7% Budget Balances Budget Balance - Working Capital - Water 2,738,400 - 2,738,400 0.0% Budget Balance - Working Capital - WW 1,855,130 - 1,855,130 0.0% Budget Balance-Working Capital - KSA (1,515,084) - (1,515,084) 0.0% Total Budget Balances 3,078,446 - 3,078,446 0.0% Total Budget Balances & Expenses $ 16,280,085 $ 615,052 $ 15,665,033 3.8% Reserve Balances Contingency-Water $ 130,696 $ 106,352 Contingency-Wastewater $ 146,149 $ 175,161 Impact Fee Reserve - Sewer NO BUDGET $ 4,074,439 Impact Fee Reserve - Water NO BUDGET $ 380,193 Bond Coverage Ratio (Covenant 1.20) 5.39 11.94

Page 5 of 10 City of Dover Finance Department Monthly Report – July 2011 Electric Revenue Fund Summary 8% of Budget YTD Balance Budget Beginning Balance (Unaudited) $ 11,867,003 $ 13,172,989 $ (1,305,986) 111.0% Revenues Sales to Customers 95,675,500 9,653,430 86,022,070 10.1% Purchased Power Adjustment - Credit (6,012,000) (614,474) (5,397,526) 10.2% Utility Tax 1,966,100 159,243 1,806,857 8.1% Weyandt Hall Rents 225,000 12,214 212,786 5.4% Miscellaneous Revenues 1,048,000 196,330 851,670 18.7% Interest Earned 264,900 332 264,568 0.1% Transfer from Rate Stabilization 1,000,000 - 1,000,000 0.0% Intrafund Service Receipts Water/Wastewater 240,203 11,095 229,108 4.6% Total Revenues 94,407,703 9,418,170 84,989,533 10.0% Total Beginning Balance & Revenues $ 106,274,706 $ 22,591,159 $ 83,683,547 21.3% Expenses Power Supply & Generation Power Supply $ 42,047,430 $ 4,459,681 $ 37,587,749 10.6% Power Supply Management/Incentive 1,170,000 83,000 1,087,000 7.1% Capacity Charges 8,506,512 716,605 7,789,907 8.4% PJM Charges - Load 15,043,396 2,253,692 12,789,704 15.0% Total Power Supply 66,767,338 7,512,978 59,254,360 11.3% Plant Operations 5,964,817 602,915 (602,915) 10.1% Generation Fuels 664,641 1,151,611 (1,151,611) 173.3% Capacity Credits (7,388,283) (592,550) 592,550 8.0% PJM Credits (1,285,675) (2,462,954) 2,462,954 191.6% Total Generation (2,044,500) (1,300,978) (743,522) 63.6% Total Power Supply & Plant 64,722,838 6,212,000 58,510,838 9.6% Electric Operating Divisions: Transmission/Distribution 3,162,026 198,179 2,963,847 6.3% Electrical Engineering 1,177,060 57,777 1,119,283 4.9% Administration 602,715 33,068 569,647 5.5% Meter Reading 215,208 17,557 197,651 8.2% Systems Operations 473,895 31,532 442,363 6.7% Intrafund Services 3,370,778 201,395 3,169,383 6.0% Utility Tax 1,966,100 159,243 1,806,857 8.1% OPEB Trust Contribution 1,115,300 - 1,115,300 0.0% OPEB - Retirees Health Care Contribution 646,510 161,628 484,882 25.0% Pension Trust Contribution - Unfunded liability 1,110,500 - 1,110,500 0.0% Interest on Deposits 54,500 1,617 52,883 3.0% Green Energy Payment to DEMEC 129,000 12,860 116,140 10.0% Accounts Receivable Write-Offs 150,000 150,000 - 100.0% Inventory Write-Offs 175,000 175,000 - 100.0% Contractual Services 2030 Committee 115,000 - 115,000 0.0% Debt Service 3,336,800 500 3,336,300 0.0% Transfers Out: General Fund 7,876,288 - 7,876,288 0.0% Electric Improvement & Extension Fund 3,500,000 - 3,500,000 0.0% Total Expenses 93,899,518 7,412,356 86,487,162 7.9% Budget Balance - Working Capital 12,375,188 - 12,375,188 0.0% Total Budget Balance & Expenses $ 106,274,706 $ 7,412,356 $ 98,862,350 7.0% Reserve Balances Contingency Reserve $ 1,110,496 $ 1,056,789 Insurance Reserve $ 350,000 $ 403,335 Rate Stabilization Reserve $ 5,406,419 $ 6,160,168 Bond Coverage Ratio (Covenant 1.25) 2.06 7.22 Megawatt Hours Sold & Purchased Sales to Customers MWh (excluding Street Light MWh) 707,536 71,607 Sales per MWh $ 129.688 $ 128.633 Purchased/Generated MWh 738,215 82,004 All In MWh Supply & Generation $ 87.675 $ 75.752

Page 6 of 10 City of Dover Finance Department Monthly Report – July 2011 General Capital Project Fund Summary 8% of Budget YTD Balance Budget Beginning Balance - Projects (Unaudited) $ 195,191 $ 337,354 $ (142,163) 172.8% Revenues Transfer from General Fund for Projects 623,847 623,847 - 100.0% State Grant - Library 5,597,505 - 5,597,505 0.0% Library Bond Issue/Contributions 2,334,889 250,000 2,084,889 10.7% Bond Proceeds 2,000,000 - 2,000,000 0.0% Transfer from Library Reserve 3,262,615 - 3,262,615 0.0% Interest Earnings 10,900 14 10,886 0.1% Income from Sale of Assets - 18,485 (18,485) 0.0% Total Revenues 13,829,756 892,346 12,937,410 6.5% Total Beginning Balance & Revenue $ 14,024,947 $ 1,229,700 $ 12,795,247 8.8% Expenditures Fire $ 244,820 $ 1,631 $ 243,189 0.7% Library 11,195,009 13,951 11,181,058 0.1% Recreation 30,000 - 30,000 0.0% Police 65,000 - 65,000 0.0% Streets 1,230,027 - 1,230,027 0.0% Sanitation 136,500 - 136,500 0.0% Information Technology 6,400 - 6,400 0.0% Total Expenditures 12,907,756 15,582 12,892,174 0.1% Budget Balance - Bond Proceeds 1,000,000 - 1,000,000 0.0% Budget Balance - Projects 117,191 - 117,191 0.0% Total Budget Balance & Expenditures $ 14,024,947 $ 15,582 $ 14,009,365 0.1% Reserve Balances Capital Asset Replacement Reserve $ 464,145 $ 253,420 Library Reserve $ - $ 2,575,784 Parkland/Recreation $ 197,272 $ 196,672

Page 7 of 10 City of Dover Finance Department Monthly Report – July 2011 Water/Wastewater Improvement & Extension Fund Summary 8% of Budget YTD Balance Budget Beginning Balance - Water (Unaudited) $ 1,139,872 $ 1,636,694 $ (496,822) 143.6% Beginning Balance - Wastewater (Unaudited) $ 303,476 $ 784,850 $ (481,374) 258.6% Revenues Interest Earned - 100 (100) 0.0% State Loan-Wastewater 1,800,000 - 1,800,000 0.0% Transfer from Water Operating Fund for Water 750,000 - 750,000 0.0% Transfer from Wastewater Operating Fund for Wastewater 1,000,000 - 1,000,000 0.0% Transfer from Impact Fee Reserve - Wastewater 262,840 - 262,840 0.0% Total Revenues 3,812,840 100 3,812,740 0.0% Total Beginning Balance & Revenues $ 5,256,188 $ 2,421,644 $ 2,834,544 46.1% Expenses Water $ 766,240 $ 4,347 $ 761,893 0.6% Wastewater 3,404,900 500 3,404,400 0.0% Water Treatment Plant 22,900 - 22,900 0.0% Water Construction 30,100 - 30,100 0.0% Total Expenses 4,224,140 4,847 4,219,293 0.1% Budget Balance - Working Capital - Water 1,070,632 - 1,070,632 0.0% Budget Balance - Working Capital - Wastewater (38,584) - (38,584) 0.0% Total Budget Balances 1,032,048 - 1,032,048 0.0% Total Budget Balances & Expenses $ 5,256,188 $ 4,847 $ 5,251,341 0.1% Reserve Balances Capital Asset Replacement - Water $ 452,146 $ 315,695 Capital Asset Replacement - Wastewater $ 473,524 $ 167,966

Page 8 of 10 City of Dover Finance Department Monthly Report – July 2011 Electric Improvement & Extension Fund Summary 8% of Budget YTD Balance Budget Beginning Balance (Unaudtied) $ 2,561,096 $ 3,175,375 $ (614,279) 124.0% Revenues Interest Earnings - 282 (282) 0.0% Transfer from Electric Revenue Fund 3,500,000 - 3,500,000 0.0% Interest Trustee 38,400 - 38,400 0.0% Transfer from Insurance Stabilization 70,730 - 70,730 0.0% Transfer from Depreciation Reserve 300,000 - 300,000 0.0% Total Revenues 3,909,130 282 3,908,848 0.0% Total Beginning Balance & Revenues $ 6,470,226 $ 3,175,657 $ 3,294,569 49.1% Expenses Power Plant $ 1,810,410 $ 100 $ 1,810,310 0.0% Transmission/Distribution 648,337 121,245 527,092 18.7% Electrical Engineering 1,790,716 24,271 1,766,445 1.4% Meter Reading 20,000 - 20,000 0.0% Total Expenses 4,269,463 145,616 4,123,847 3.4% Budget Balance - Working Capital 2,200,763 - 2,200,763 0.0% Total Budget Balance & Expenses $ 6,470,226 $ 145,616 $ 6,324,610 2.3% Reserve Balances Depreciation Reserve $ 10,018,155 $ 10,412,221 Future Capacity Reserve $ 10,073,428 $ 9,178,771

Page 9 of 10 City of Dover Finance Department Monthly Report – July 2011 Community Transportation Improvement Fund 8% of Budget YTD Balance Budget Beginning Balance (Unaudited) $ 312,651 $ 422,393 $ (109,742) 135.1% Revenues Grants Revenue 1,900,000 - 1,900,000 0.0% Transfer from General Fund 350,000 - 350,000 0.0% Interest Earned 2,800 36 2,764 1.3% Total Revenues 2,252,800 36 2,252,764 0.0% Total Beginning Balance & Revenues $ 2,565,451 $ 422,429 $ 2,143,022 16.5% Expenses Program Expenses - Grant related $ 1,900,000 $ - $ 1,900,000 0.0% Program Expenses - City appropriated 300,000 - 300,000 0.0% Total Expenses 2,200,000 - 2,200,000 0.0% Budget Balance - Working Capital 365,451 - 365,451 0.0% Total Budget Balances & Expenses $ 2,565,451 $ - $ 2,565,451 0.0%

Page 10 of 10 CITY OF DOVER SPECIAL REVENUE FUNDS COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN UNRESERVED FUND PERIOD ENDED JULY 31, 2011 CDBG/NSP SUBSTANCE POLICE LIBRARY HOUSING ABUSE PREV. GRANTS GRANTS (2) GRANTS GRANT (1) TOTALS REVENUES: State Grants received $ 318 $ - $ 713 $ - $ 1,031 Federal Grants received 5,167 - - - 5,167 Investment income (loss) 39 - - - 39 TOTAL REVENUES $ 5,524 $ - $ 713 $ - $ 6,237 EXPENDITURES: Program expenditures $ 12,478 $ 16,249 $ - $ 22,797 $ 51,524 Program expenditures - CDBG - - 4,417 - 4,417 TOTAL EXPENDITURES $ 12,478 $ 16,249 $ 4,417 $ 22,797 $ 55,941 Excess (deficiency) of revenues over expenditures $ (6,954) $ (16,249) $ (3,704) $ (22,797) $ (49,704) Excess (deficiency) of revenues and other financing sources over expenditures & other uses $ (6,954) $ (16,249) $ (3,704) $ (22,797) $ (49,704) UNRESERVED FUND BALANCE AT BEGINNING OF YEAR $ 342,265 $ 47,472 $ 80,189 $ (6,822) $ 463,104 UNRESERVED FUND BALANCE AT END OF PERIOD $ 335,311 $ 31,223 $ 76,485 $ (29,619) $ 413,400 Notes: (1) Substance Abuse Prev. Grant: The receipts for this fund came from participant fees and reimbursement grants. The City is waiting on the grant reimbursements for September thru December and April thru June. (2) Library Grants Library personnel were not able to expend all of the grant in FY 2011. A letter was written by the Department Head requesting permission to spend the grant out in FY 2012.

Dover Police Department Monthly Report To Mayor & City Council “To Protect and Serve” July 2011

August 10, 2011 Honorable Carleton E. Carey, Sr., Mayor Members of Dover City Council City Hall Dover, DE 19901 Mayor Carey and Council Members: The following is the report on Police Department activities for the month of July 2011: COMPLAINTS Total complaints received through July 31st, 24,000 numbered 19,388. This is an increase of 99 19,289 19,388 complaints over the same time period for last year. 20,000 17,546 16,181 17,285 16,000 12,000 8,000 4,000 0 2007 2008 2009 2010 2011 CRIMINAL INVESTIGATIONS 30 25 21 Cases Reported in 20 July Cases Cleared in July 9 8 10 Cases Cleared from 3 4 4 2 Previous Months 0 0 Burglary Robbery Rape

Report to Mayor and Council July 2011 Page 2 QUALITY OF LIFE TASK SECTION ENFORCEMENT ACTION ARRESTS ABANDONED VEHICLES 0 ALCOHOL VIOLATIONS/DUI’S 10 ASSIST OTHER 1 WARRANTS ON FILE 1 BIKE ON SIDEWALK 2 CITY PARK VIOLATIONS 0 CRIMINAL ARRESTS 25 DRUG RELATED ARRESTS 4 LOUD MUSIC 3 MISCELLANEOUS VIOLATIONS 18 PARKING VIOLATIONS 16 PEDDLER 0 MEETINGS 49 PROSTITUTION 0 COLLECTION OF DELINQUENT DCO’S 0 WANTED CHECKS/CPC’S 12 TRAFFIC ARRESTS 49 WARNINGS 18 FUGITIVE 13 TOTAL ARRESTS 221 TRAFFIC ARRESTS 16,000 12,247 12,160 12,017 10,778 10,855 The department issued 12,017 traffic citations through this 12,000 reporting period. This is a decrease of 143 citations over the number issued during the same period last year. 8,000 4,000 0 2007 2008 2009 2010 2011 TRAFFIC CRASHES Through July 31st, Dover Police investigated 998 traffic crashes. This is a decrease of 56 accidents investigated during the same period last year. 1,600 1,185 1,120 1,104 1,200 1,054 998 800 400 0 2007 2008 2009 2010 2011

Report to Mayor and Council July 2011 Page 3 1% 911 CENTER 7% During the month of July, our 911 Center handled a total of 10,103 calls averaging 326 calls per day. VoIP 24% Dispatchers handled 2,466 calls on the 911 wireless 911 Landline lines, an average of 80 calls per day, 716 calls on the 911 Wireless 911 landlines, an average of 24 calls per day, and 150 Administrative calls on the Voice Over Internet Protocol lines an 68% average of 5 calls per day. CITY ORDINANCE SUMMONS 8,000 5,427 5,316 5,234 Through July 31st, we issued 5,234 city ordinance 6,000 4,812 4,818 summons, an increase of 416 summons over July of last 3,999 3,855 year. *Note: of those summonses issued in July, 31 were 4,000 3,291 3,224 3,239 issued for handicapped parking violations, 6 for fire lane parking violations, 31 for false alarms (22 for 3-5 alarms, 2,000 7 for 6-9 alarms, 2 for 10-15 alarms, and 0 for 16 or more alarms) and 17 for noise violations (12 for vehicle 0 violations and 5 for residence violations). 2007 2008 2009 2010 2011 ISSUED PAID Listed below are the major crimes and activities that occurred during the month of July: ♦ On July 5, 2011, Detectives arrested a subject for a series of residential burglaries which occurred in the Sherwood Development dating back to January 28, 2011. The subject, who matched the description given by witnesses, was stopped on Lincoln Street by a Dover Patrol Officer and was later positively identified. The subject was arrested at his home and charged with Robbery 2nd, 4 counts of Burglary 2nd, 1 count of Attempted Burglary 2nd, 5 counts of Criminal Mischief, and 4 counts of Theft. The subject apparently targeted elderly female residents and would force open doors or break windows to gain entry. Once inside he would remove various property including televisions, jewelry and prescription medications. One of the female victims was confronted by the subject inside her residence and he demanded money, which resulted in the Robbery 2nd charge. This ongoing investigation involved numerous man hours including additional patrols and stakeouts in the area of the Sherwood Development, which were funded through the Chief’s Discretionary Fund, as approved by city council earlier this year. ♦ On July 5, 2011, the Dover Patrol Officers responded to an alarm at a business, located on North DuPont Highway. Upon arrival officers found damage to the south side glass door and entry had been made by the suspect, who then pried open the pool table coin deposits and removed money. Approximately 15 minutes later, Dover Police received a report of a subject attempting to break the glass at a gas station, also located on North DuPont Highway. The subject fled on foot as officers were arriving on scene but was apprehended by Dover Police K-9 “Spike”. The subject was treated for dog bite injuries and released from BayHealth Hospital. The subject had smashed the front door glass out of the gas station and had also cut the phone lines. A further check by officers of businesses in the area revealed the phone line had been cut at two nearby businesses with pry marks on the rear doors. Early the next morning, officers responded to another business located on North DuPont Highway, where employees observed phone lines were also cut. The subject was charged with one count of Burglary, as well as four counts of Attempted Burglary and other related charges. ♦ The Dover Officers are investigating a series of thefts which occurred at local business between May 6, 2011 and June 17, 2011. During this period numerous pairs of designer eyeglass frames, including Prada, Versace, and Dolce and Gabbana were removed. These frames range in value from $190.00-$270.00. A total value of over $3000.00 has been stolen from the business. The most recent occurred on June 17, 2011, in which surveillance captured two black male suspects entering the business and removing items from same. They were described as 30-40 years of age, both with shaved heads, one wearing a blue shirt and the other an orange shirt.

Report to Mayor and Council July 2011 Page 4 Major crimes and activities that occurred during the month of July continued: ♦ The Dover Police Criminal Investigations Unit has arrested a 57 year old male for two counts of unlawful sexual contact. The subject was arrested on July 12, 2011 without incident. The charges stemmed from an incident that occurred at a business located on North DuPont Highway on July 7, 2011. The 15 year old male victim was in the restroom at the urinal when he was approached by the subject, who stood next to him. Both the victim and the subject then went to the sink to wash their hands. At that time the subject touched the victim’s genitals through his clothing. The victim was stunned at which time the subject again touched him through his clothing. The victim then yelled at the subject and exited the bathroom and located his parent. The subject was contacted and identified. At the conclusion of the investigation, the subject was charged. ♦ The Dover Police Criminal Investigation Unit has made an arrest in a string of residential and commercial burglaries that have occurred since February 2011. The arrest was a result of a witness who reported seeing a man leaving a residence on North West Street, carrying boxes. The witness observed the suspect enter his own residence in on North West Street. The subject was later contacted at his residence and was taken into custody. A search of his residence revealed three stolen firearms, household and electronic items, a small amount of marijuana, numerous prescription pills to include Vicodin, Tylenol w/Codeine and numerous other pills. These firearms, household items, electronic items, and pills were stolen from the numerous victims. As a result of the investigation, nine Burglaries/Thefts/Trespass Complaints in Dover were cleared. ♦ On July 14, 2011, Detectives arrested a subject at his residence for an outstanding robbery warrant for an incident which occurred on July 5, 2011. The subject and another suspect robbed a 47 year old male subject who was attempting to purchase drugs from them. During a search of subject’s residence officers located the .32 caliber handgun that was used during the robbery as well as 30.5 grams of cocaine, and 44.2 grams of marijuana. ♦ Detectives are investigating the robbery of a pharmacy located on South State Street. The robbery occurred on Tuesday, July 19, 2011, when an unknown white male suspect entered the store and walked to the pharmacy. The suspect then handed the pharmacy technician a robbery note. The note demanded that the technician give the suspect narcotic pills. The suspect obtained an undisclosed number of narcotic pills and fled the store on foot to an unknown location. ♦ On July 21, 2011, Officers arrested a subject for Burglary 2 nd and Stalking after he entered his ex- girlfriend’s residence through an unsecured rear door. He was confronted by a friend of the victim and left but was later seen hiding behind a car in the driveway. ♦ Officers are investigating an assault that took place on July 21, 2011. The 50 year old male victim was found unconscious and laying partially in the roadway in front of a residence on Cecil Street suffering from head injuries. He was transported to BayHealth then flown to Christiana Hospital where he has been listed as Critical but Stable condition. ♦ The Criminal Investigations Unit investigated a double homicide which occurred at a residence on North Governors Avenue sometime between Saturday morning July 23, 2011 and Monday morning July 25, 2011. A family member found both of the victims deceased inside and immediately phoned 911. The unknown suspect had apparently forced entry into the residence and both victims were killed during the encounter. On July 25, 2011, Detectives arrested a subject for two counts of Murder in the First Degree, and other related charges stemming from the double homicide. Investigators were able to develop the subject as a suspect shortly after the bodies were located. The investigation led to a search warrant of the subject’s residence in which physical evidence was recovered. Subject was also charged with an additional burglary which occurred on North Bradford Street during the same timeframe. ♦ On Thursday July 28, 2011, Patrol Officers responded to an alarm at a business located on South Queen Street and upon arrival discovered a broken window to the business. Investigation revealed that a subject had removed a bottle of water from inside. Surveillance footage captured images of the subject inside the business and he was apprehended several hours later by Dover Patrol Officers. Respectfully Submitted, James E. Hosfelt, Jr. Chief of Police

Monthly Report July 2011 Office of City Assessor

Assessor’s Report Number of Deeds Stamped for Transfer Tax Dollar Amount for the Month of July 2010/2011 the Month of July 2010/2011 33 $400 $326 Thousands 35 30 21 25 $200 20 12 12 14 $31 $0 15 5 $32 $17 $5 $0 $0 10 0 2 0 0 2010 2010 5 $0 0 2011 2011 First Time Buyer for Month of July 2010/2011 Realty Property July 2010/2011 Sales in Dollars Received Prior to 14 Recording 15 12 12 $22 $100 $2 $2 $2$1 Res. Non‐First Millions Time Buyers $1 10 $0 5 Res. First Time 2010 $0 $0 $0 $0 5 Buyers $0 2011 0 2010 2011 Major Updates May ‐ 11 June ‐ 11 July ‐ 11 Assessment Change $2,454,360 ‐$4,890,400 $1,793,600 Residential Sales Ratio Report Sales in Study Total Assessed Value Total Sale Price Ratio PRD 12 $2,291,700 $2,296,300 0.99 1.01 Ratio – Assessed Value divided by Sale Price. PRD – Mean – A PRD above 1.03 tends to indicate assessment regressivity – high valued properties are under appraised relative to low valued properties. A PRD below .98 tends to indicate assessment progressivity – high valued properties are relatively over appraised. Page 1

Assessor’s Report Points of Interest Scanning & Filing ‐ All new deeds are being scanned and attached to the CAMA software for easy retrieval. ‐ All appeal documents and correspondence are being scanned and attached to the CAMA software for easy retrieval. Page 2

City of Dover Sales Ratio Report for July 2011 PARID Address Total Assessed Value Sales DT Sales Price ASR ED05‐057.17‐02‐06.00 211 MILLCREEK DR 155,900 7‐Jul‐11 168,000 0.93 ED05‐067.09‐03‐24.00 9 WHITEMARSH CT 162,500 21‐Jul‐11 178,500 0.91 ED05‐06713‐01‐01.00 564 TROON RD 376,900 21‐Jul‐11 385,000 0.98 ED05‐068.09‐02‐06.00 817 BACON AVE 153,200 7‐Jul‐11 139,000 1.10 ED05‐068.10‐04‐48.00 308 WEST WIND DR 158,300 25‐Jul‐11 157,900 1.00 ED05‐076.03‐04‐39.00 333 GILLIBROOK LN 230,100 20‐Jul‐11 295,000 0.78 ED05‐076.05‐02‐56.00 3 BRITTINGHAM DR 154,200 18‐Jul‐11 140,000 1.10 ED05‐076.05‐03‐09.00 26 STONEY DR 153,900 11‐Jul‐11 155,000 0.99 ED05‐076.20‐04‐23.00 949 JANEKA LN 192,500 25‐Jul‐11 180,000 1.07 ED05‐077.09‐05‐47.00 527 S STATE ST 220,800 8‐Jul‐11 170,000 1.30 ED05‐077.11‐02‐53.00 610 ROBERTA AVE 175,400 28‐Jul‐11 169,900 1.03 ED05‐085.12‐02‐58.00 371 MOCKINGBIRD AVE 158,000 29‐Jul‐11 158,000 1.00 2,291,700 2,296,300 12.20

CITY MANAGER’S MONTHLY REPORT JULY 2011 City Manager’s Monthly Report, July 2011

Customer Services 1,403 payments were processed online or by telephone in July 2011. City of Dover property taxes were due July 31, 2011 (July 31 in 2011 was a Sunday). As of July 31, 2011 the delin- quent property taxes total 2,682,775.26 for all tax years. Our collec on efforts include sending a delinquent state- ment, making phone calls, and enforcing the Clean Hands Act. The Inspec on and Planning Departments have been providing assistance in collec ng these outstanding debts. In November, the proper es over one year delin- quent will be selected to process for the moni on sale. Currently, there are approximately 28 proper es selected for processing. Human Resources Nego a ons con nue with the Fraternal Order of Police. Parks, Recrea on, & Library The July 2011 Concerts on the Green series saw more than 1,300 a endees who got to see various ar sts including the popular Rep le World, the Island Boyz Band, the DRAW and John Flynn. The Job Center assisted 59 residents; 803 a ended 27 children’s programs and 69 a ended 9 teen programs. Public Affairs  Con nued planning of Dover Sun Park Opening Ceremony.  Con nued working with Delaware.net on the redesign and content of the website, in addi on to staff training on how to upload and design departmental pages.  Public outreach and media releases for road closures, trash/recycling changes, sewer relining, etc.  A ended addi onal training for Emergency Management at the University of Delaware Tac cal Interoperability Plan Workshop. Public Services Working with the Delaware Department of Transporta on to finalize the North Street Roundabout project. Solici ng bids for a Street Sweeper and Bulk Trash Truck . Public U li es All lineman in the T & D division completed a two-day, Altec Sentry Program for digger, derricks and insulated aerial devices. 2 City Manager’s Monthly Report, July 2011

PUBLIC AFFAIRS Citi zen Acti on Center Ci ti zen Acti on Center Number of Frequentl y As ked Ques tions Compl a i nts Regi s tered 200 700 568 600 545 549 551 150 500 379 402 391 368 378 400 356 312 332 300 100 300 200 50 100 0 0 Jul- A ug- Sep- Oct- Nov- Dec- Jan- Feb- M ar- A pr- M ay- Jun- Jul-11 Jul- A ug- Sep- Oct- No v- Dec- Jan- Feb- M ar- A pr- M ay- Jun- Jul-11 10 10 10 10 10 10 11 11 11 11 11 11 10 10 10 10 10 10 11 11 11 11 11 11 Planning/ Inspect ions Police Public Services/ Public Wor ks Public Ut ilit ies Sit e Admin/ Ot her AVERAGE TIME TO CLOSE COMPLAINTS RECEIVED ‐ JULY 2011 Total # Department # Of Days Complaints Planning/Code Enforcement 91 2.3 days (property code violations) Police (community policing) 2 1.55 days Public Services - Grounds 2 - Sanitation 3.9 days 4 - Streets 2 Public Utilities 3 1.39 days Site Admin/Other Departments 9 0.76 days JULY AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUNE JULY OTHER ACTIVITIES YTD 10 10 10 10 10 10 11 11 11 11 11 11 11 Facebook - New Posts 21 26 54 41 52 59 57 38 42 37 34 29 17 470 Facebook - Page Views 716 1,004 1,145 1,152 1,671 1,768 1,882 1,903 2,114 2,206 2,217 2,276 2,196 22,250 Facebook - Replies to questions 17 37 21 23 21 27 21 16 19 11 12 16 13 254 Press Releases 16 9 16 5 2 3 4 3 5 4 6 16 11 690 Ceremonial Documents 25 16 26 19 17 16 15 12 17 20 19 18 17 237 City Manager’s Monthly Report, July 2011 3

CENTRAL SERVICES Fleet Operations & Maintenance Items on Hand with no Usage over 36 Months $ 100,000 140 1000000 $ 90,000 120 Total Work Orders $ 80,000 800000 100 Total Dollars $ 70,000 $ 60,000 80 600000 $ 50,000 60 $ 40,000 40 400000 $ 30,000 $ 20,000 20 $ 10,000 0 200000 Jul Aug Sep Oct Nov Dec Jan Feb M ar Apr M ay Jun Jul Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- 10 10 10 10 10 10 11 11 11 11 11 11 11 10 10 10 10 10 10 11 11 11 11 11 11 11 Total Dollars Tot al Work Orders Elect ric Water General Work Orders: 59 Electric: $655,962.50 Fleet Maintenance: $14,587.76 excludes Melvin’s Sunoco) Water: $ 26,015.55 Fuel: $44,714.98 (17,776 gallons) General: $ 35,405.40 Stock Purchases by Fund Contingency & Warehouse Stock 500,000 $4,000,000 2700 2600 400,000 $3,500,000 2500 Total Line Items 2400 $3,000,000 300,000 2300 Total Dollars $2,500,000 2200 200,000 2100 $2,000,000 2000 100,000 1900 $1,500,000 1800 0 $1,000,000 1700 Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Jul Aug Sep Oct Nov Dec Jan Feb M ar Apr M ay Jun Jul 11 10 10 10 10 10 10 11 11 11 11 11 11 11 10 10 10 10 10 10 11 11 11 11 11 11 Electric Water General Total Dollar Value Total Line It ems Electric: $252,650.72 Total Dollar Value: $2,459,146.32 Water: $ 7,815.95 Total Line Items: 1,684 General: $ 3,883.25 Major Program Updates MEASURE JULY 2011 JULY 2010 DIFFERENCE Issue Effec veness (>90%) How oŌen the warehouse has what 99.7% 99.2% 0.54% customers need when it’s needed. [issues / (issues + back orders)] * 100 Turn Over Rate (4-5 per yr.) Indicates that the material stocked is 1 every 11.44 years 1 every 19.33 years -7.9 years the material being used. Bids for non-inventory items converted 0 of 3 Bids 11 of 12 Bids (FY11 Total) to purchase orders within meframe N/A 0% none awarded yet 91.6% (QuanƟty and Percentage) Sealed bids prepared, received & dis- 3 of 6 Bids 36 of 38 Bids (FY10 Total) tributed within 7 working days of re- 5.3% 100% FYTD 94.7% ceipt (QuanƟty and Percentage) Scheduled Preventa ve Maintenance 20 of 25 appointments kept 14 of 26 appointments kept appointments being kept. 26.1% 80% 53.8% (QuanƟty and Percentage) 399,185 pieces Mail receiving lowest discounted rate No invoices received (FY10 Total) - (QuanƟty and Percentage) 95.9% Rou ne work orders completed within 34 work orders completed 27 work orders completed 4.0% 5 days (QuanƟty and Percentage) 97.1% 93.1 Emergency work orders completed 3 work orders completed 1 work order completed within 2 days (QuanƟty and Percent- - 100% 100% age) 4 City Manager’s Monthly Report, July 2011

CUSTOMER SERVICES WORK ORDERS PROCESSED EXTENSIONS OF CREDIT 3,000 1,000 2,500 833 783 765 800 729 1,970 1,972 1,985 708 2,000 1,892 682 683 1,825 1,689 612 632 1,659 1,668 1,683 593 1,540 1,459 600 523 539 1,500 1,325 1,361 1,000 400 500 200 Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- 10 10 10 10 10 10 11 11 11 11 11 11 11 10 10 10 10 10 10 11 11 11 11 11 11 11 CUSTOMER PAYMENT USAGE CUTS FOR NON PAYMENT 80,000 $2,000,000 60,000 $1,600,000 40,000 $1,200,000 17,428 $800,000 20,000 12,648 5,333 2,443 5,394 1,526 2,335 1,762 9 10 $400,000 0 $109,549 $109,549 $67,157 $67,157 Drive-Thru Over the Mail, Drop Credit Cards Bank Drafts Window Counter Box $- July 2011 July 2010 FYTD12 FYTD11 2012 YTD 2011YTD FY 2012 FY 2011 Major Program Updates Jul 2011 Jul 2010 Difference Year‐to‐Date Year‐to‐Date Number of Customers Served 31,413 22,702 8,711 31,413 22,702 Final Bills 679 770 (91) 679 770 Estimated Bills 149 155 (6) 149 155 Penalties Posted $ 7,618 $ 23,337 $ (15,718) $ 7,618 $ 23,337 Extensions of Credit - Amount Extended $ 1,985 $ 152,321 $ (150,336) $ 1,985 $ 152,321 Balance Transfers $ 1,203 $ 2,981 $ (1,778) $ 1,203 $ 2,981 Utility Collections $ 33,654 $ 28,290 $ 5,364 $ 33,654 $ 28,290 Special Assessments $ - $ 380 $ (380) $ - $ 380 Miscellaneous Billings $ 93,927 $ 41,979 $ 51,948 $ 93,927 $ 41,979 CNP through Disconnect Collars 5 9 (4) 5 9 Court Cases - - - - - Tamperings 4 7 (3) 4 7 Taxes Levied $ 414,055 $ 11,112,832 $ (10,698,777) $ 414,055 $ - Billing Adjustments $ 35,391 $ (339,151) $ 374,542 $ 35,391 $ 28,731 Total Taxes Collected $ 48,410 $ 77,674 $ (29,264) $ 48,410 $ 77,674 Taxes Outstanding $ 330,254 $ 245,810 $ 84,444 $ 330,254 $ 245,810 Payments in Lieu $ - $ 1,500 $ (1,500) $ - $ 1,500 Billing Accuracy (on schedule billings) 99.0% 99.0% - 99.0% 99.0% Bills Published on Schedule 99.9% 99.9% - 99.9% 99.9% Meters Read on Schedule 99.9% 99.9% - 99.9% 99.9% Customer Satisfaction Rating 99.7% 99.7% - 99.7% 99.7% Deliquent Accounts Collected 99.7% 99.7% - 99.7% 99.7% City Manager’s Monthly Report, July 2011 5

HUMAN RESOURCES Customer Service Contacts Payroll Hours 700 4,500 600 4,000 3,500 500 3,000 400 2,500 300 2,000 200 1,500 100 1,000 0 500 0 Jul Aug Sep Oct Nov Dec Jan Feb M ar Apr M ay Jun Jul 10 10 10 10 10 10 11 11 11 11 11 11 11 Jun Jul A ug Sep Oct No v Dec Jan Feb M ar A pr M ay Jun 10 10 10 10 10 10 10 11 11 11 11 11 11 Cit izens Assisted 42 103 150 134 38 12 147 46 52 305 38 47 63 Employees Assisted 78 79 97 68 135 75 62 55 58 65 210 37 51 Overtime 1,779 1,874 1,257 1,257 1,049 593 1,505 2,200 662 1,203 730 1,126 369 Applicat ions Processed 4 482 259 273 3 0 235 24 39 273 0 0 0 Sick 732 1,749 1,466 1,393 1,300 1,451 1,896 1,946 2,645 2,377 1,773 1,445 1,242 July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June July Category Total 10 10 10 10 10 10 11 11 11 11 11 11 11 * Caucasian 314 314 315 319 312* 311 313 314 315 316 316 313 310 N/A * Minori es 62 62 62 62 61* 61 61 61 61 63 63 63 63 N/A Hired - 2 1 4 1 - 2 1 1 5 1 - - 18 Terminated/Resigned/ 2 2 1 - 3 1 - - - 2 1 2 3 17 Re red Promoted 1 - - - - - - - - - - - - 1 Jobs Posted 2 3 4 1 - - 3 - 1 3 - - - 17 Workers Comp. Injuries 5 6 3 5 2 5 7 2 2 5 5 5 4 56 Workers Comp. Hours 11 9 - 24 65 42 360 445 336 438 50 46 63 1,889 Insurance Claims 8 2 8 3 4 8 3 3 6 8 2 5 3 63 Full‐ me Employees: 358 Part‐ me Employees: 15 (4 Pi s Center, 1 Recrea on, 10 Library) Numbers do not reflect, temporary, seasonal, relief fire dispatchers, commiƩee or council members. * Total full- me, Caucasian and Minority employees were adjusted due to an audit of employee informa on. Resigned: Communica ons Operators (2), Police Officer (1) Recruitment Information American Asian/Pacific In Out Position Total Female Male Black White Hispanic Indian/Alaskan Unknown Islander Dover Dover Native NO POSITIONS POSTED ‐ - - - - - - - - - - 6 City Manager’s Monthly Report, July 2011

HUMAN RESOURCES continued Unfilled/Open Positions by Department Unfilled/Open Positions July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun July By Department 10 10 10 10 10 10 11 11 11 11 11 11 11 Public Utilities 5 3 3 3 4 4 4 4 3 3 2 2 2 Public Services 1 2 2 2 1 2 1 1 1 1 2 3 1 Police 2 2 2 2 3 3 2 2 2 - - - 4 All Other Departments 5 6 6 3 4 4 4 3 3 4.5 4.5 7.5 5 Totals 13* 13 13 10 12 13 11 10 9 8.5 8.5 12.5 12 City Manager, Heavy Equipment Operator and Police Officer on terminal leave. Included in Totals. Custodian is vacant however filled with PT employee. Position included in totals. Public Utilities: Motor Equipment Operator II/Water (1) and Heavy Equipment Operator Public Services: Field Supervisor 1 - Streets Police: (2) Police Officers and (2) Communications Operator All Other Departments: Custodian I (1), Sr. LAN Analyst (due to A. Siegel currently acting as IT Director), Central Services Director, Human Resources and Safety Coordinator and City Manager Bonus Programs by Month July Aug Sept Oct Nov Dec Jan Feb Mar Apr May Jun July Bonus Program Category Total 10 10 10 10 10 10 11 11 11 11 11 11 11 Stop Program-Sensibly Taking Off Pounds(weigh-ins) 42 29 10 5 13 7 - 27 17 6 21 - 21 198 Caught Doing it Right-Promotes employees productivity & 2 3 1 - 2 63 - - - - - - - 71 creativity (submissions) Breathe Program-Rewards for ending tobacco use - - - - - 4 - - - - - - - 4 (submissions) Ducs in a Row-Doing Useful Community Service - - - - - - - - - - - - - - (submissions) Workers Comp Injuries 20 15 10 5 0 Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- 10 10 10 10 10 10 11 11 11 11 11 11 11 Public Ut ilities Public Services Police Ot hers Public U li es: 1 Public Services: 0 Police: 3 All Other Depts.: 0 Workers Comp Hours 500 400 300 200 100 0 Jul- Aug- Sep- Oct - Nov- Dec- Jan- Feb- M ar- Apr- M ay- Jun- Jul-11 10 10 10 10 10 10 11 11 11 11 11 11 Public Utilit ies Public Services Police Others Public U li es: 46 Public Services: 0 Police: 17 All Other Depts.: 0 City Manager’s Monthly Report, July 2011 7

INFORMATION TECHNOLOGY Service Requests Resolved Citizen Action Center - Customers w/ New Issues 200 186 200 177 179 171 159 162 153 150 154 151 129 150 150 119 120 125 54 124 78 88 66 100 100 81 43 44 38 50 37 50 32 33 0 0 Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- 10 10 10 10 10 10 11 11 11 11 11 11 11 10 10 10 10 10 10 11 11 11 11 11 11 11 Programming Requests Completed Page Views - City of Dover Web Page 40 34 50,000 35 30 40,000 24 Pages Viewed 25 20 20 17 30,000 15 16 15 16 15 16 43,152 39,610 39,576 15 38,684 38,777 39,261 11 35,631 34,959 36,358 10 33,649 20,000 28,600 10 23,639 3 16,470 5 10,000 0 Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- 0 10 10 10 10 10 10 11 11 11 11 11 11 11 Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- 10 10 10 10 10 10 11 11 11 11 11 11 11 Same Current Last Performance Indicators Month Month Month Last Year iSeries Availability 100% 100% 100% Server Availability 100% 100% 100% AS/400 Connec ons N/A N/A N/A (concurrent/authorized users) PCs Supported 336 335 341 Scheduled PCs Replaced - - - Servers Supported 16 16 16 People Trained 6 13 8 Availability Sta s cs based on 7:00 AM un l 5:00 PM Monday—Friday 8 City Manager’s Monthly Report, July 2011

PARKS, RECREATION & LIBRARY Library Adult Services Children Services 1200 1000 1000 750 800 600 500 400 250 200 0 0 Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- M ar- Apr- M ay- Jun- Jul-11 Jul- A ug- Sep- Oct- No v- Dec- Jan- Feb- M ar- A pr- M ay- Jun- Jul-11 10 10 10 10 10 10 11 11 11 11 11 11 10 10 10 10 10 10 11 11 11 11 11 11 Reference Reader's Advisory Outreach Electronic Assistance Reference Reader's A dviso ry Outreach Electro nic A ssistance Reference: 129 Reader’s Advisory: 53 Reference: 145 Reader’s Advisory: 65 Outreach: 0 Electronic Assistance: 96 Outreach: 0 Electronic Assistance: 24 CIRCULATION JULY 2011 FYTD 2011 JULY 2010 FYTD 2010 Dover Residents 18,113 18,113 19,411 19,411 Kent County Residents* 16,357 16,357 16,534 16,534 Non-County Residents 1,844 1,844 1,338 1,338 REGISTRATIONS Dover Residents 211 211 269 269 Kent County Residents* 101 101 143 143 Non-County Residents 12 12 14 14 OTHER Visi ng Patrons 31,170 31,170 34,353 34,353 Mee ng Room Usage - - 120 120 Photocopier Usage 1,521 1,521 2,037 2,037 Dial-A-Story 954 954 1,859 1,859 Computer Usage 4,288 4,288 4,939 4,939 Holds (Total) 7,665 7,665 9,005 9,005 *Breakout of Kent County Residen al Sta s cs Circula on Registra ons Harrington: 140 Harrington: 1 Smyrna: 1,129 Smyrna: 13 Milford: 75 Milford: 1 Outside City Limits: 15,013 Outside City Limits: 98 Total Registered Users: (Card Holders) City: 18,483 Kent County: 14,313 Outside Kent County: 975 Other Points of Interest: Interlibrary: 5,646 items loaned out Technical services: 1,224 items added 3,990 items borrowed 1,709 items deleted Volunteers: 241 hours of service completed City Manager’s Monthly Report, July 2011 9

Parks and Recreation Recreation Revenue Recreation Revenue Breakdown $30,000 $30,000 $23,690 $25,000 $20,160 $25,000 $18,761 $20,000 $15,682 $15,867 $20,000 $15,000 $15,000 $9,362 $9,886 $9,022 $7,748 $8,372 $10,000 $10,000 $7,451 $4,020 $3,806 $5,000 $5,000 $- $0 Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- 10 10 10 10 10 10 11 11 11 11 11 11 11 10 10 10 10 10 10 11 11 11 11 11 11 11 General Rental Payments Sports Leagues Trips General: $1,600 Rental Payments & Special Events: $6,066 Sports: $556 Leagues: $100 Trips: $50 Rentals JULY 2011 FYTD 2011 JULY 2010 FYTD 2010 Baseball/So ball Field Rentals* 38 38 36 36 Dover Park Pavilions (2) 20 20 16 16 Mul purpose/Field Hockey Field Rentals* 19 19 25 25 Recrea on Center – Dover Park 26 26 38 38 Silver Lake Pavilions (2) / Schu e (1) 6 6 8 8 Soccer Field Rentals* - - 1 1 Stage – Mobile Pla orm 5 5 5 5 *These numbers reflect groups that uƟlized our faciliƟes during July 2011. Program A endance* JULY 2011 FYTD 2011 JULY 2010 FYTD 2010 Super Summer Playground 50 50 34 34 *This number reflects acƟviƟes that took place in July 2011. (Not included on the JWP report.) Pitts Center ‐ Total Program Attendence FREE Open Gym Registra on Cards* ‐ through 7/31/2011 Total Cards Issued: 4,424 20,000 City Residents: 2,006 - (45%) 12,692 Non-City Residents: 2,416- (55%) 10,306 15,000 - Kent County: 1,973 - (44%) # of people - Sussex County: 148 - (3%) 10,000 7,614 - New Castle County: 103 - (2%) 5,762 3,886 - Out of State: 192 - (5%) 3,329 3,399 2,041 2,447 2,392 2,266 2,006 1,340 5,000 *The cards permit entrance to the facility during 0 scheduled Public Open Gym Periods at no charge. Jul- A ug- Sep- Oct- No v- Dec- Jan- Feb- M ar- A pr- M ay- Jun- Jul-11 10 10 10 10 10 10 11 11 11 11 11 11 10 City Manager’s Monthly Report, July 2011

PUBLIC SERVICES Administration Administra ve review and inspec on services con nued on all residen al and commercial developments. The following residen al subdivisions are in various phases of construc on: Oak Shadows Emerald Pointe Lexington Glenn Village of Westover (Phase VI) Farthing Woods No ngham Meadows Patriot Village Clearview Meadows Village of Cannon Mill Eden Hill (Residen al) Sanitation Monthly Total Refuse (Tons) Sanitation Hours 1,500 1200 1,028 983 1,018 972 1000 1,000 919 904 924 832 829 845 774 779 795 800 706 636 589 572 609 600 441 473 427 500 354 408 359 353 390 251 400 226 240 188 167 169 200 50 48 5 1 - 0 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Bulk Collection Mechanized Hand Trash Container Electronic Goods 10 10 10 10 10 10 11 11 11 11 11 11 11 Collection Collection Repair/Delivery Pickup Bulk Automated Jul 11 Jul 10 JULY 2011 FYTD 2011 JULY 2010 FYTD 2010 Trips to DSWA Sandtown Landfill 184 184 275 365 Total Tonnage to DSWA 1,013.83 1,013.83 1,336.47 1,336.47 90-Gallon Containers Delivered 24 24 18 18 300-Gallon Containers Delivered 2 2 14 14 Total Man Hours - Containers Delivered 50 50 48 18 CURBSIDE RECYCLING TOTAL # OF TOTAL # OF WEIGHT/LBS. AVG. LBS. STATS HOUSEHOLDS ACCOUNTS JULY 2011 16,748 7,984 236,260 14.11 City Manager’s Monthly Report, July 2011 11

STREETS JULY 2011 FYTD 2011 JULY 2010 FYTD 2010 Signed Installed 14 14 32 32 Signs Repaired 9 9 22 22 Curbs Painted Yellow (Ft.) 61 61 293 293 New Post Installed 9 9 5 5 Storm Catch Basins Repaired 26 26 20 20 Storm Catch Basin Repairing (Hrs.) 32 32 112 112 Hot Mix Patching (Tons) 27 27 52 52 Hot Mix Patching (Hrs.) 244 244 208 208 Cold Mix Patching Hrs.) 85 85 44 44 Concrete Work (Hrs.) 166 166 52 52 Concrete Patching (Cubic Yards) 1 1 21 21 Street and Alley Maintenance (Hrs.) 160 160 150 150 Ditch Work (Hrs.) 16 16 - - Street Sweeping (Miles) 1,031 1,031 1,242 1,242 Street Sweeping (Cubic Yards) 196 196 192 192 GROUNDS ‐ Arborist Crew JULY 2011 JULY 2010 Trees Trimmed 140 28 Trees Removed 38 13 Root Pruning 12 -  Cleared up brush and trees around the five ou all pipes behind the power plant and cut behind the back fence.  Spent five days cu ng back alleys for the sanita on vehicles. Beau fica on Crew  Con nued maintenance of all 43 annual beds including, edging, weeding, dead-heading, feeding and watering.  Extensive watering of all annual beds not irrigated. Con nued watering the 77 hanging baskets and 16 planters on Loockerman Street.  Weeded all mulched areas on The Plaza . Mowing/Special Projects Crew  Mowed 210 acres of turf including parks, around City buildings, ditches and right-of-ways.  Applied 61 gallons of herbicide around City buildings, sidewalks, curbs, stoned and mulched areas.  Maintenance of landscape at the Library and Weyandt Hall including trimming shrubs, weeding, edging and removal of deal shrubs.  Maintenance of landscape at Dover Park & Recrea on building including removing limbs from trees in front, remov- ing vines and weeds and plan ng two new shrubs and mulching in the planter by the chimney.  Put down 11 ½ 1-ton dump truck loads of Christmas tree mulch at the following loca ons: landscape areas along the St. Jones River, Park Drive around the trees, St. Jones Substa on around trees and shrubs. 12 City Manager’s Monthly Report, July 2011

Economic Development UNEMPLOYMENT RATES JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN JUL 10 10 10 10 10 10 11 11 11 11 11 11 11 City of Dover 9.8% 10.2% 10.1% 10.3% 10.1% 9.4% 10.0% 9.6% 9.5% 9.0% 8.9% 9.9% Pending NaƟonal & State averages (US-9.2% & State-8.0%) Source: State of Delaware Department of Labor TYPE YTD Contacts Made Number of contacts made with small businesses and with out -of-town companies interested in loca ng to Dover. Small Businesses - Out-of-town Companies - Staff a ended mee ngs and par cipated on a conference all with Calpine, DNREC and DEDO to determine the emission reduc on credits needed for their project. Staff con nues to meet with management from Dover’s top employers to provide an update on City projects and to learn their plans for the coming months. A representa ve from the Public U li es department is included in these mee ngs. Provided Senators Carper and Coons with a guided tour of the Dover Sun Park. Downtown Dover Partnership Plans for redevelopment of the ACME site were approved by the Historic District Commission, and the Parks, Recrea ons and Community Enhancement Commi ee. Proposed renova ons to the DDP building at 22-24 W. Loockerman Street are under review by the Planning Department. Partnered with the United Way for July’s First Friday. Provided more than 400 free book bags to children entering Kinder- garten to the 4th grade. Downtown merchants were introduced to the “Shop Dover” icon on the new City website. Staff will be working with the individual merchants to enter their informa on and create a link to the website of their business. Staff is obtaining bids for the downtown banners that will display the “Historically Happening” logo. Three small business development workshops were held during the month of July, which drew 24 a endees. Hosted the grand opening of the Beehive Beauty Shop, a new business that has yielded three full- me jobs. City Manager’s Monthly Report, July 2011 13

Life Safety Inspec ons JULY 2011 FYTD 2011 JULY 2010 FYTD 2010 Fire Protec on Inspec ons (new & exis ng) 33 33 99 99 Fire Code Inspec ons 55 55 209 209 Inspec on Deficiencies 60 60 244 244 Cer ficate of Occupancy 3 3 4 4 Non‐Inspec on Hours Office 112 112 92 92 Mee ngs 28 28 26 26 Plan Review 29 29 50 50 Training - - 17 17 Fire Inves ga ons 7 7 27 27 Damage Cost Accidental $100,000 $100,000 $35,000 $35,000 Incendiary $ 300 $ 300 $ 8,000 $ 8,000 Undetermined $ 40,500 $ 40,500 $ 1,500 $ 1,500 Permitting and Inspections Permits Issued JULY 2011 FYTD 2011 JULY 2010 FYTD 2010 Administra ve Permits 2 2 2 2 Building Addi on/Renova on Permits 29 29 54 54 Building Permits 27 27 6 6 Demoli on Permits 1 1 2 2 Fence Permits 11 11 12 12 Fire Preven on Permits 3 3 6 6 Mechanical Permits 15 15 29 29 Plumbing Permits 23 23 38 38 Sign Permits 19 19 30 30 Swimming Pool Permits 6 6 2 2 Licenses Issued Business Licenses 746 746 828 828 Fire Protec on 66 66 - - Merchant Licenses 155 155 182 182 Contractor Licenses 394 394 450 450 Lodging House Licenses - - - - Mobile Homes 96 96 77 77 Public Occupancy 6 6 6 6 Rental Dwelling 18 18 17 17 Building Inspections Permits Issued JULY 2011 FYTD 2011 JULY 2010 FYTD 2010 Building 284 284 401 401 Plumbing/Mechanical 329 329 405 405 Cer ficate of Occupancy 12 12 13 13 14 City Manager’s Monthly Report, July 2011

Geographic Information Systems (GIS) – Working with ESRI for the ArcGIS for Local Government Initiative. – Continued modification of existing sewer maps. – Created a Dover Parks list for Kent Center. – Updated curbside recycling layer with new recycling customers. – Created and printed several maps and poster for Downtown Dover Development Office. – Began to GPS “no-mow” areas around the City. Dangerous Building/Demolition Status – July 2011 58 East Rustic Lane  Declared dangerous by City Council on June 13, 2011.  Property owner requested a 30-day extension until August 13, 2011.  Bids have been solicited for the pending demolition of the structure. 43 East Division Street  Declared dangerous by City Council on June 13, 2011.  Property owner has demolished the structure without further city intervention.  Case is still open pending completion of demolition by the property owner. 423 Collins Drive  Declared dangerous by City Council. 443 Collins Drive  Declared dangerous by City Council. 21 North Kirkwood Street Declared dangerous by City Council City Manager’s Monthly Report, July 2011 15

PUBLIC UTILITIES Electric System Peak Total System Load 100,000 200.0 172.6 85,805 165.5 81,797 164.0 160.2 78,221 155.7 153.8 80,000 71,888 66,434 150.0 63,563 64,474 61,675 56,052 57,409 112.9 54,090 54,947 54,078 108.2 104.8 106.9 60,000 104 94.75 98.6 100.0 40,000 50.0 20,000 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul 10 10 10 10 10 10 11 11 11 11 11 11 11 10 10 10 10 10 10 11 11 11 11 11 11 11 Outages Customers of Gained/Lost 35 8,000 40 34 30 7,000 35 6,000 30 25 5,000 24 Customers 25 23 Outages 20 4,000 15 20 17 18 3,000 10 15 2,000 11 10 9 9 8 8 5 10 1,000 5 4 0 0 5 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul 0 10 10 10 10 10 10 11 11 11 11 11 11 11 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Outages Customers 10 10 10 10 10 10 11 11 11 11 11 11 11 Outages: 19 Customers: 3,742 The annual outage goal will be less than 295 minutes per customer, which is a Delaware Standard. This will be measured by calculating the System Average Interruption Duration Index. FY 12 YTD FY 11 FY 10 39.86 63.78 160.14 Controllable Outages Average Response Time Annual goal is less than 40 Goal is less than 30 minutes Month Year‐to‐date Month Year‐to‐date 9 9 40.38 Minutes 40.38 Minutes 16 City Manager’s Monthly Report, July 2011

Electric Engineering Design Major Program Updates JULY 11 JULY 10 DIFF FY12 YTD FY11 Extensions Design Completed Within 30 days 2 - - 2 - of complete Submission New Underground Installation % Completed New Underground Installation % Completed  Kent General Hospital 100%  Farthing Woods 100% PROGRAM UPDATES JULY 11 JULY 10 FY12 YTD Tree Trimming 202 151 202 Number of Oil Releases - 2 - Lost Time Accidents – All Electric Utility Divisions - - - New Services 18 11 18 Major Goals Completed in the Past Two Months  N/A City Manager’s Monthly Report, July 2011 17

Water/Wastewater Water Production/Billed Consumption/Flow to Kent County 255,000,000 205,000,000 155,000,000 105,000,000 55,000,000 5,000,000 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul 10 10 10 10 10 10 11 11 11 11 11 11 11 Total Water Prod. Billed Consumpt. Total Flow to County City Readings ENGINEERING SUMMARY Major Program Updates JULY 11 JULY 10 DIFF FY12 YTD FY11 State and Federal Violations 0 violations 0 violations - - - Water Quality Complaints 17 13 4 17 13 -4 Plan Review Completed Within 30 days of 8 plans 12 plans plans 100% 100% Submission 100% 100% Field Inspection Response within 48 hours of 100% 100% - 100% 100% Request Major Goals Completed in the Past Two Months  Loockerman Street water main installation is complete. OPERATIONAL SUMMARY Task JULY 11 JULY 10 Current FY Water Production – Daily Average 6,100,419 6,379,000 189,113,000 Average Field Response Time (goal is < 30 minutes) 23.8 22.3 23.8 Water Mains Repaired - - - Water Service Lines Repaired 1 5 1 Wastewater Mains Repaired - - - Wastewater Service Lines Repaired 1 - 1 Sewer Lines Flushed – Linear Feet 82,083 53,723 82,083 Percentage of Flow Sent to Kent County vs. Gallons Billed 99% 102% 99% (inflow/Infiltration monitoring) Total Water Meters in City Distribution System 13,950 13,834 10 Lost Time Accidents – All Water/Wastewater Divisions - - - 18 City Manager’s Monthly Report, July 2011

CITY PLANNER’S MONTHLY REPORT Public Services Group P.O. Box 475 Dover, DE 19903 Phone: (302) 736-7196 Fax (302) 736-4217 July 2011 EDEN HILL FARM TND Permits were issued in early July for a series of six townhouse dwelling units on Ridgely Boulevard where the permits were approved by the Planning Office in late June. These are 3 story units with integral rear entry garages that are part of the new Composer Series (Mozart, Beethoven, and Strauss) design styles for townhouses by Ryan Homes. For the Residential District of Eden Hill Farm Traditional Neighborhood Design a total of 53 dwelling units are complete of the 59 permits approved for dwelling units. In July, there was no specific activity associated with the Professional Office, Medical & Financial District. For the Neighborhood Commercial District, no plan submissions (Check Prints) have been received since the Planning Commission’s action on the Revised Implementation Plan (Revision #2-Updated Plan of October 1, 2010) in October. COMPREHENSIVE PLAN IMPLEMENTATION Planning Staff continues to focus efforts on the implementation items identified in the 2008 Comprehensive Plan as amended. On July 18, 2011, the Planning Commission conducted a Public Hearing on the draft text amendment for the application processing provisions of Zoning Ordinance, Article 10. A recommendation of approval with an amendment to clarify language was forwarded to City Council for their August 8th Public Hearing and Action on the amendment. Planning Staff continues to participate in the meetings associated with the Dover/Kent County MPO Bike Plan Study. The Final Draft is expected to be issued this summer. Other Activities New Dover High School Project (C-10-05) - The Planning Office received the Final Plan submission for the Administrative Site Plan for Phase 1A (Bid Pack A) on July 13th. Phase 1A consists of initial water and sewer utility work including a pump station and also the first phase of site landscaping. Also received was a copy of plan set for Bid Pack B as approved by DNREC for the initial stormwater management facilities and initial building pad grading. Construction activities related to utilities and site prep continue at the site. The monthly progress meeting on the Dover High School project was held on July 13th with Planning Staff, Public Works Staff, and Public Utilities Staff meeting with the district’s design professionals and DelDOT staff. Planning Staff and DelDOT Staff then facilitated a coordination meeting between the Capital School District and Rinnier Development (Leander Lakes Apartment project) on July 20th to discuss progress on the Route 8 entrance design and other responsibilities for the shared road network for the two projects. On July 21st, the Planning Office received the plan set of Bid Pack C for Check Print review of the site development plan as associated with Application C-10-05. The construction activities continue for the following Capital School District projects: Professional Development Offices & Maintenance Facility located on Commerce Way and Site Improvements to William Henry Middle School/Booker T. Washington Elementary School.

PERMITTING AND LICENSING REVIEW The Planning Staff is part of the Building Permit review process. Our activities involve reviewing specific types of permit applications for compliance with the Zoning Ordinance and for compliance with any conditions of approval from the Planning Commission, Board of Adjustment, or Historic District Commission. Permits Reviewed Jan- Feb- Mar- Apr- May- June- July- Permits Permits (Issued) 11 11 11 11 11 11 11 Reviewed Reviewed YTD YTD 2010 2011 Building 12 13 24 36 29 42 36 199 192 Additions/Renovations Permits Building Permits 2 3 10 11 7 6 13 55 52 Demolition Permits 3 6 2 3 11 1 1 19 27 Fence Permits 5 2 14 14 18 5 11 56 69 Sign Permits 9 4 6 10 11 12 7 68 59 Temporary Sign Permits 2 6 9 3 11 7 6 41 44 Swimming Pool Permits 0 0 1 0 3 8 6 10 18 Certificate of Occupancy 11 9 22 17 20 17 10 97 106 Total # Permits 44 43 88 94 110 98 90 545 567 Reviewed (Issued) CODE ENFORCEMENT Case Type # cases # cases % staff % staff current month YTD initiated initiated YTD current month No valid rental permit 1 135 100% 99% No valid building permit 8 38 75% 76% Tall grass and weeds 25 342 52% 65% Unregistered vehicle 1 17 100% 65% Abandoned vehicle 7 68 71% 63% Annual Housing 21 402 95% 98% Inspection Property Maintenance – 31 309 35% 54% Exterior Electric Termination 11 146 100% 93% Dover Code of 65 324 77% 65% Ordinances Zoning 11 70 55% 57% Total Cases 181 1851 Total # of Inspections 388

COMMUNITY DEVELOPMENT U CDBG FY10 PROJECTS Habitat for Humanity The property at 101 Jefferson Court purchased by Habitat for Humanity has been fully renovated and sold to a low income family on February 23rd. First State Resource Conservation & Redevelopment Council (RC &D) Emergency repairs have been completed on 18 homes in the City of Dover. Project is completed. Homeownership Assistance Program Three clients have purchased properties in the City of Dover and one (1) family is mortgage ready shopping for a home. Connections Community Support Program Thirty-two homeless individuals received motel vouchers for temporary housing during the program year. Project is completed. Housing Rehabilitation Program The following properties are scheduled to go to bid the first week in July: 806 Forest Street, 122 Davis Circle and 839 Paul Street. Neighborhood Stabilization Program (NSP) The City was awarded $1,426,740 for the acquisition and rehab of foreclosed properties to be sold to qualifying families. A total of $1,249,467 has been expended on the acquisition and renovations for 8 properties. The remaining balance of $177,272 will be utilized for renovations and acquisition. Three properties have been sold, two are for sale, one sale is pending, one is a lease purchase and one is a rental that serves persons with disabilities. Dover Housing Authority purchased 1415 S. Hancock Avenue with program income and renovations are underway. The following list the status of each NSP property: 218 Ann Avenue (sold) 337 N. Governors Avenue (for sale) 343 Mimosa Avenue (sold) 254 Green Blade Drive (sold) 907 Woodcrest Avenue (lease purchase) 302 Stonebrook Place (for sale) 1430 S. Hancock (group home rental) 11 Westover Drive (for sale) 1415 S. Hancock (under renovation) MEETING REPORTS Board of Adjustment: The Board of Adjustment met on July 20, 2011 and took the following actions. The next regular scheduled meeting of the Board of Adjustment is scheduled for August 17, 2011. 1. Applicant #V-11-06 - 889 N. DuPont Hwy, PIP Enterprises, LLC – Moved to approve variance for height of building (tower). Historic District Commission: The Historic District Commission met for the regular meeting on July 21, 2011 and took the following actions. The Commission also received reports on the status of application 2009-2011 and a summary of the Architectural Review Certifications issued for 2011. The next regular Historic District Commission meeting is scheduled for August 18, 2011.

1. HI-09-01 Dover Public Library – Consideration of revised exterior finish materials. Moved to recommend approval of selected exterior finishes of utility brick for the building ‘bookends’, standing seam metal roof for the main roof, and slate for the light monitors of the library. 2. HI-05-03 State Street Commons – Consideration of a request for use of alternative materials. Moved to recommend that the white PVC railing system be replaced with black metal railing system throughout and that the landscape plantings be designed to be appropriate to the structure and location without consideration of blocking the railings. 3. HI-11-04 Acme Site Redevelopment Master Plan at 120 South Governors Avenue: Architectural Review Certification – Moved to recommend approval of the Architectural Review Certification for the project (demolition of existing commercial building and new construction of a mixed-use building and an apartment building) noting that the Commission endorses the plan concept and accepting the Staff recommendations with the exception of 4(c) instead finding Building #2 to be compatible with the neighborhood. Planning Commission The Planning Commission met on July 18, 2011 and took the actions summarized listed below. The next scheduled Planning Commission meeting is scheduled for August 15, 2011. Nomination and Election of Officers (Chairman and Vice-Chairman) was held. Mr. Michael Hemmig will serve as Chairman and Colonel Welsh will serve as Vice-Chairman. 1. C-10-02 The Arbors at 1051 College Road - Moved to approve a one year extension of the Conditional Use Site Plan approval. 2. S-11-09 State Street Plaza at 1004 S. State Street – Moved to conditionally approve the Site Plan for an office building pending review of revised building architecture to be presented at a future Planning Commission meeting; and to require space be reserved to allow for turnaround in the parking lot; and approval of a waiver request for partial elimination of curbing. 3. MI-11-06 Text Amendment: Revisions to Article 10 of the Zoning Ordinance (Appendix B) - moved to recommend to City Council the approval of Ordinance #2011-14, the proposed Text Amendment to Article 10 and to include an amendment to clarify the language in Lines 295 to 297 (PC Amendment #1). 4. Review of Draft “Policy on Physical Posting Requirements” - Moved for approval to accept the policy; however, defer action on the posting templates until the August meeting at which time Staff will bring back less wordy templates. Submitted by: Ann Marie Townshend, AICP Planning & Community Development Director

Date Range: From 07/01/2011 to 07/31/2011 Incident Type Report (Summary) Dover Fire Department Count Pct of Total Est Total Est Incident Type Incidents Loss Loss 1 Fire 111 Building fire 1 1.12% $0 0.00% 112 Fires in structure other than in a building 1 1.12% $0 0.00% 113 Cooking fire, confined to container 5 5.62% $0 0.00% 121 Fire in mobile home used as fixed residence 2 2.25% $0 0.00% 130 Mobile property (vehicle) fire, other 1 1.12% $0 0.00% 131 Passenger vehicle fire 2 2.25% $0 0.00% 138 Off-road vehicle or heavy equipment fire 1 1.12% $0 0.00% 141 Forest, woods or wildland fire 1 1.12% $0 0.00% 142 Brush or brush-and-grass mixture fire 1 1.12% $0 0.00% 151 Outside rubbish, trash or waste fire 1 1.12% $0 0.00% 160 Special outside fire, other 2 2.25% $0 0.00% Totals 18 20.22% $0 0.00% 2 Overpressure Rupture, Explosion, Overheat(no fire) Totals 0 0.00% $0 0.00% 3 Rescue & Emergency Medical Service Incident 311 Medical assist, assist EMS crew 1 1.12% $0 0.00% 352 Extrication of victim(s) from vehicle 3 3.37% $0 0.00% Totals 4 4.49% $0 0.00% 4 Hazardous Condition (No Fire) 400 Hazardous condition, other 2 2.25% $0 0.00% 411 Gasoline or other flammable liquid spill 2 2.25% $0 0.00% 412 Gas leak (natural gas or LPG) 2 2.25% $0 0.00% 440 Electrical wiring/equipment problem, other 5 5.62% $0 0.00% 442 Overheated motor 1 1.12% $0 0.00% 444 Power line down 1 1.12% $0 0.00% 451 Biological hazard, confirmed or suspected 1 1.12% $0 0.00% 460 Accident, potential accident, other 1 1.12% $0 0.00% 463 Vehicle accident, general cleanup 2 2.25% $0 0.00% Totals 17 19.10% $0 0.00% 5 Service Call 500 Service Call, other 3 3.37% $0 0.00% 531 Smoke or odor removal 1 1.12% $0 0.00% 553 Public service 1 1.12% $0 0.00% 571 Cover assignment, standby, moveup 5 5.62% $0 0.00% Totals 10 11.24% $0 0.00% 6 Good Intent Call 600 Good intent call, other 5 5.62% $0 0.00% 611 Dispatched & canceled en route 3 3.37% $0 0.00% 651 Smoke scare, odor of smoke 1 1.12% $0 0.00% Totals 9 10.11% $0 0.00% 7 False Alarm & False Call 700 False alarm or false call, other 10 11.24% $0 0.00% 710 Malicious, mischievous false call, other 1 1.12% $0 0.00% 715 Local alarm system, malicious false alarm 1 1.12% $0 0.00% 730 System malfunction, other 5 5.62% $0 0.00% 731 Sprinkler activation due to malfunction 1 1.12% $0 0.00% Date: 08/22/2011 Page: 1

Date Range: From 07/01/2011 to 07/31/2011 Incident Type Report (Summary) Dover Fire Department Count Pct of Total Est Total Est Incident Type Incidents Loss Loss 733 Smoke detector activation due to malfunction 5 5.62% $0 0.00% 735 Alarm system sounded due to malfunction 2 2.25% $0 0.00% 740 Unintentional transmission of alarm, other 1 1.12% $0 0.00% 744 Detector activation, no fire - unintentional 2 2.25% $0 0.00% 745 Alarm system activation, no fire - unintentional 1 1.12% $0 0.00% Totals 29 32.58% $0 0.00% 8 Severe Weather & Natural Disaster Totals 0 0.00% $0 0.00% 9 Special Incident Type 900 Special type of incident, other 2 2.25% $0 0.00% Totals 2 2.25% $0 0.00% Totals 89 $0 Date: 08/22/2011 Page: 2

Date Range: From 07/ 01/ 2011 to 07/ 31/ 2011 Manpower Hours by Sitation Found Dover Fire Department Num ber of Hours by Situation Found Sum of # Attending X Incident Length Rescue & Emergency Medica 152 Fire Hazardous Condition (No F Overpressure Rupture, Exp 0 Overpressure Rupture, Exp 43 Rescue & Emergency Medica 110 Hazardous Condition (No F 112 Service Call 29 Good Intent Call Fire 335 False Alarm & False Call 0 Severe Weather & Natural 5 Special Incident Type Service Call Special Incident Type Severe Weather & Natural Good Intent Call False Alarm & False Call Date: 08/22/2011 Page: 1

Date Range: From 01/ 01/ 2011 to 07/ 31/ 2011 Alarms by Month of Year Dover Fire Department 91 95 89 89 90 84 85 80 72 75 69 66 70 65 60 55 50 45 40 35 30 25 20 15 10 0 0 0 0 0 5 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Date: 08/22/2011 Page: 1

Date Range: From 07/01/2011 to 07/31/2011 Incident Run Log Company: All Companies Dover Fire Department Sorted by: Incident Number Date FDID Incident# Alarm ### Address Suite Type 07/01/2011 30046 2011-000472 11:00 1200 N DUPONT HWY Smoke detector activation due to malfunction Smoke detector activation due to a system malfunction.. 07/01/2011 30046 2011-000473 21:26 208 ORCHARD AVE Good intent call, other upon ivvestigation small outside contained fire. 07/01/2011 30046 2011-000474 21:56 1365 N DUPONT HWY 3054 Good intent call, other Dispatched for outside fire reported my Drover Mall security. B-9 on location with mall security and indicated where they had seen flames thru the trees. Upon investigation discovered small contained outside cooking fire in the rear of 378 Rustic Lane. Advised the to keep it small and attended . 07/02/2011 30046 2011-000475 12:26 S.R. 1 Vehicle accident, general cleanup Dispatched to an MVC. Before units were enroute 54-15 was arrival with negative entrapment. Assignment was reduced to E4 for assistance to BLS and a washdown. VIN 2008 Mercury Mountaineer 4M2EU488UJ17156 07/03/2011 30046 2011-000476 18:22 158 HAMAN DR Forest, woods or wildland fire Dover 21 responded to the above address in reference to an open burning incident. On arrival, Dover 21 contacted the owner who was burning wood on top of a stump. Dover 21 contacted the fire marshal's office. The owner was instructed to extinguish the fire. 07/03/2011 30046 2011-000477 19:09 407 WORCHESTER DR Cooking fire, confined to container DFD responded to the above location in reference to an alarm sounding. On arrival, crews located unattended cooking in the residence which caused the system to activte. No damage, no further action taken. 07/04/2011 30046 2011-000478 01:00 1700 N DUPONT HWY BLDG D Overheated motor DFD responded to the above address in reference to a heater fire. On arrival, crews determined that the heater had malfunctioned and caused slight smoke conditions. The power was secured to the heater. No damage, no further action taken. 07/04/2011 30046 2011-000479 17:57 414 E WIND DR Detector activation, no fire - unintentional Tenant was cooking in fry pan when some water spilled and created steam and set off fire alarm. 07/05/2011 30046 2011-000480 11:35 50 GREENTREE DR Service Call, other Small mulch fire that was extinguished by concerned citizens. No action taken. 07/05/2011 30046 2011-000481 15:13 631 RIDGELY ST System malfunction, other Dover 15 responded to the above location reference to an alarm activation. On arrival, writer contacted maintenance. He advised that the panel was showing Zone 2 smoke detector but there was no smoke detectors at that location. A walk through was completed by maintenance prior to my arrival and met with negative results. No further action taken. 07/05/2011 30046 2011-000482 16:15 9 MILBOURN MANOR DRIVE Cover assignment, standby, moveup DFD responded to the above address in reference to a truck company assist. On arrival, Command 41 directed to place Ladder 2 in service on the Charlie side. Ladder 2 split it's crew and the Roof division completed vertical ventilation and while the remaining members of Ladder 2 proceeded to the attic area. Ladder 2's attic division extinguished the fire in the attic area. Crews from station 41 relieved Ladder 2's crew. No further action taken. 07/05/2011 30046 2011-000483 16:30 9 S. Railroad Ave Cover assignment, standby, moveup DFD responded to the above address in reference to a possible working house fire. On arrival, it was determined that a bush was on fire. No action taken. 07/06/2011 30046 2011-000484 07:16 728 LEIPSIC RD Mobile property (vehicle) fire, other On arrival found a 1985 Ford F-250 engine compartment fire that had been extinguished prior to FD arrival. Crews overhauled same and cleared. 07/06/2011 30046 2011-000485 08:11 901 FOREST ST False alarm or false call, other Units on scene found a smoke detector activation.Crews completed a walk through of the buildings with negative results. Scene was truned over to FM 1 07/06/2011 30046 2011-000486 10:28 426 S NEW ST Medical assist, assist EMS crew On arrrival ALS advised Fire Department assistance was not needed. Units cleared. 07/07/2011 30046 2011-000487 14:38 1207 WHITEOAK RD Fires in structure other than in a building Call for 2 porta pottys on fire with extension into the woods at Dover Park between the softball fields and tennis courts. Engine 7 arrived on scene under the command of fire fighter Ben Smetana to find conditions as reported. Crews extinguished the same with 500 gallons of water. FM 1 and 2 were on scene. Fire confined to 2 porta pottys and a fence. 07/07/2011 30046 2011-000488 17:14 2800 N DUPONT HWY Electrical wiring/equipment problem, other DFD responded to the above location in reference to a odor of smoke in the business. On arrival, crews determined the cause was wiring to the cooler doors. The manager was advised to contact an electrician and also, secure the power to the doors. No further action taken. 07/07/2011 30046 2011-000489 19:17 1030 FORREST AVE 133 System malfunction, other DFD responded to the above location in reference to an alarm activation. On arrival, it was determined that the alarm system was malfunctioning. No further action taken. 07/08/2011 30046 2011-000490 09:45 E DIVISION ST Accident, potential accident, other WASHDOWN FOR PAINT SPILLED ON ROADWAY. 07/08/2011 30046 2011-000491 11:02 344 RED TAIL DR Passenger vehicle fire Dispatched to a vehicle fire. Upon arrival found an extended cab Nissan Titan well involved with structural exposure to the Date: 08/22/2011 Page: 1 Time:10:27

Date FDID Incident# Alarm ### Address Suite Type garage/residence. E7 crew protrcted the exposure and then extinguished the vehicle. Ladder 2 crew checked for extension and preformed cleanup.Structual damage was contained to the siding and insulation on the Delta side of the residence. 07/08/2011 30046 2011-000492 14:45 350 PEAR ST Smoke detector activation due to malfunction ALARM MALFUNCTION. 07/08/2011 30046 2011-000493 14:55 200 BANNING ST Smoke detector activation due to malfunction Smoke detector activation in the linen room, unfounded. 07/08/2011 30046 2011-000494 18:52 1300 S FARMVIEW DR A Smoke detector activation due to malfunction Smoke detector activation, unfounded 07/08/2011 30046 2011-000495 18:59 5 Evans Turn Dr Cover assignment, standby, moveup RIT assist 54 on a trailer fire. 07/08/2011 30046 2011-000496 19:33 155 COMMERCE WAY Smoke detector activation due to malfunction Dispatched to an AFA at the above location. Upon arrival, found a two-story commercial structure with an audible and visual alarm going off in the business on the "AB" corner. No Knox box on premises. All doors were secured. Was able to see into the warehouse and into the front office section. No smoke conditions were noted. After approximately 20 minutes, the alarms silenced themself. The respondent arrived on scene and unlocked the door. Crews investigated a malfunctioning pull station at the rear of the warehouse "C" side. The respondent was advised that his business was being placed on fire watch. He was also given information on procuring a knox box. Cleared the scene. User: O'Connor Jr., Michael 07/08/2011 20:32:23 07/09/2011 30046 2011-000497 09:46 ROUTE 1 MAIN TOLL PLAZA TO LAF Vehicle accident, general cleanup Engine 4 responded to Route 1 n/o Rt 8 in reference to a washdown, requested by DSP. On arrival, the booster line was used to clean the roadway. No further action taken. 07/09/2011 30046 2011-000498 13:42 129 S GOVERNORS BLVD Cooking fire, confined to container DFD responded to the above address in reference to an alarm activation. On arrival, investigation revealed unatended cooking caused the alarm to activate. No damage, no action taken. 07/09/2011 30046 2011-000499 15:51 431 BARRISTER PL Public service E4 responded to the above address in reference to a service call. On arrival, crews located the first floor ceiling had collapsed from a leaking seconfd floor faucet. The water was shut off, no further action taken. 07/10/2011 30046 2011-000500 08:58 25 GREENTREE DR False alarm or false call, other DFD responded to the above address in reference to an alarm activation. On arrival, crews located a contracting company on scene and they were draining the sprinkler system which caused the system to activate. The City of Dover FM was notified. No further action taken. 07/10/2011 30046 2011-000501 15:10 328 W WIND DR False alarm or false call, other DFD responded to the above address in reference to a CO detector activation. On arrival, investigation revealed a faulty detector. No further action taken. 07/11/2011 30046 2011-000502 12:57 203 INGRAM STREET Cooking fire, confined to container E4 responded for report of an automatic fire alarm . Prior to responding dispatch advised writer homeowner wished to cancel due to unattended cooking. Alarm was reduced to E4. E4 arrived on location and crew investigated. Homeowner advised she burned bacon on the stove. E4 cleared with no further action. Lillian Bernandini was the person contacted who is the homeowner. 07/11/2011 30046 2011-000503 23:54 300 HIAWATHA LA System malfunction, other E3 and E2 crew investigated a water flow alarm and found that the sprinkler system pipe was busted in the basement. The water was turn off to the system. Maintenance arrived on location and was advised to contact the department once the pipe was repaired , the building was placed on fire watch, all units returned. 07/12/2011 30046 2011-000504 12:41 35 ROOSEVELT AVE Electrical wiring/equipment problem, other Dover 17 responded to the above address in reference to an electrical problem. On arrival, Dover 17 contacted the resident who advised that she had a light haze of smoke in her residence. Investigation revealed an electrical outlet behind the couch had burned and slightly burned into the couch and the curtain. Dover 17 notified the City of Dover Fire Marshal's office. FM 2 arrived and the scene was turned over to same. 07/12/2011 30046 2011-000505 19:25 KNOB HILL RD Brush or brush-and-grass mixture fire Dispatched to the above location to an outside fire of unknown origin. Upon arrival, crews found an approximate 10' x 15' area of vegetation/grass on fire adjacent to a 53' semi-trailer parked in the area. Brush 9's crew extinguished the fire with no issues. Upon investigation, a burnt area was also noted inside the open semi-trailer approximately 10' into the trailer. A City FM unit was requested. The scene was placed under control and Brush 9 remained on scene awaiting FM-4's arrival. User: O'Connor, Jr., Michael 7/12/2011 20:14:44 07/13/2011 30046 2011-000506 04:19 308 N QUEEN ST False alarm or false call, other DFD responded to the above address in reference to an alarm activation. On arrival, investigation revealed a faulty smoke detector on the second floor. No further action taken. 07/13/2011 30046 2011-000507 11:01 1200 N DUPONT HWY Unintentional transmission of alarm, other 07/13/2011 30046 2011-000508 17:43 255 WEBBS LA D Local alarm system, malicious false alarm Dispatched for AFA, BLDG D. On location maintenance Rep. Marion Seaton was parked in front of BLDG D, moved vehicle on request. Several witnesses came up to me and stated three black males had pulled the pull station just inside the front door and then fled in a Black Chevrolet Monte Carlo, DE reg., last three digits 249. Bldg checked by E-4 crew, negative results, pull station had been reset by maintenance. He was briefed on proper procedures. City FM-4 briefed by phone at 1758. User: Knight, David 07/13/2011 18:31:35 The black males were described to have dread locks and one was light skinned, and one witness stated one was a possible Mc Donald's employee, she was also an employee of Mc Donald's. Date: 08/22/2011 Page: 2 Time:10:27

Date FDID Incident# Alarm ### Address Suite Type User: Knight, David 07/13/2011 18:34:21 07/14/2011 30046 2011-000509 05:30 1700 N DuPont Hwy H301 Good intent call, other Dispatched for CO alarm activaion, with headache. E-3,4 crew checked the apt. with no CO reading noted. Occupants were evaluated by BLS B-43, Not transported. Possible weak battery in detector. 07/14/2011 30046 2011-000510 10:06 447 SUSSEX AVE Cooking fire, confined to container 07/14/2011 30046 2011-000511 10:38 14 ROCKFORD CROSSING Sprinkler activation due to malfunction 07/14/2011 30046 2011-000512 23:02 17 MERION RD Special type of incident, other The Dispatch Center received a call from Kent General Emergency Department requesting that the City FMO was contacted. They relate to a 13 y/o male being burned over 50% of his body while lighting a decorative candle. The family took the pt to the emergency department via POV. The fire department was never contacted and never made a response the residence. The only action from this department was to contact City FM-5. User: O'Connor, Jr., Michael 07/15/2011 08:30:59 07/15/2011 30046 2011-000513 01:23 631 RIDGELY ST False alarm or false call, other DFD responded to the above location in reference to an alarm activation. On arrival, crews completed a walk through but met with negative results. No further action taken. 07/15/2011 30046 2011-000514 07:36 970 WHATCOAT DR Service Call, other Dispatch called writer and stated that Dover PD was requesting the Ladder truck to retrieve a gun from a rooftop at the above address. Writer and 18 responded and with Ptlm Ian Thompson of Dover PD made access to the roof using the main aerial. No firearm was found however a set of keys belonging to the victim was retrieved. Ladder 2 cleared . 07/15/2011 30046 2011-000515 09:46 60 CARVER RD Gas leak (natural gas or LPG) 1.25 line struck by workers. E4 E3 stood by while it was capped 07/15/2011 30046 2011-000516 22:50 1358 FORREST AVE Gasoline or other flammable liquid spill DFD responded to the above location in reference to a gas spilll. On arrival, investigation revealed approximtely 30 to 40 gallons of gasoline spilled in the parking lot. Crews placed sta-dry down to soak up the gasoline. No further action taken. 07/15/2011 30046 2011-000517 23:29 1654 N DUPONT HWY Cooking fire, confined to container DFD responded to the above location in reference to a smoke condition. On arrival, investigation revealed unattended cooking on the thrid floor, room 313. Crews utilized positive pressure to remove the smoke. No further action taken. 07/16/2011 30046 2011-000518 14:56 SR 1 & MAIN TOLL PLAZA Extrication of victim(s) from vehicle DFD responded to the above location in reference to an MVC rollover, with two subjects confirmed trapped. On arrival, there was a single vehicle that had rolled numerous times down the embankment on the westside of the roadway. The vehicle was resting against trees on the passenger side. Crews from E2, E4, E3 and Rescue 1 stabalized the vehicle and then began extrication. Crews Made cuts to the A, B, C and D posts which allowed the roof to be flapped down to the ground. After this EMS approached the scene and provided patient care to the two subjects in the vehicle. Their injuries did not appear to serious in nature. Once the patients were removed from the vehicle, the scene was turned over to the Delaware State Police. 07/16/2011 30046 2011-000519 17:58 SR1 SR1 @ MAIN TOLL PLAZA MM 63 Extrication of victim(s) from vehicle DFD responded to the above area in reference to an MVC rollover with confirmed entrapment. Units arrived and extricated the patient from the vehicle. After this, the patient was turned over to EMS and subsequently flown to Christiana Hospital byTrooper 4. 07/16/2011 30046 2011-000520 18:35 631 RIDGELY ST System malfunction, other While returning from an MVC, Engine 3 responded cold for a zone 2 general fire alarm activation at the above address. Made a cold response due to the building being on fire watch from 1/15. Second call from alarm company reported no respondent. Engine 3 arrived on scene to find subjects on site advising it was the same issue as before. They had checked everything with negative results. Engine 3 cleared. 07/16/2011 30046 2011-000521 23:11 1061 S LITTLE CREEK RD Fire in mobile home used as fixed residence Dispatched for smoke investigation. On location 101 Pilot Circle, light smoke coming from trailer and fire venting from window on Bravo side to left of entry door. E-4 crew vented windows on bravo side prior to making entry with 1 3/4" hand line extinguishing a small fire on sofa. E- 4 crew encountered smoke and heat conditions thru out the trailer. Additional window were vented prior to using positive pressure fan to vent smoke horizontally. Electrical and gas utilities were secured by R-1 OIC. Primary and secondary search's were conducted with negative results. The resident on Bravo stated that the trailer had not been occupied for about one year and that there had been a City of Dover commended notice on the door. Children had been seen offend playing in the area. Prior to clearing the scene Park manager and maintenance arrived and provided City FM- 5 with owner info. User: Knight, David 07/17/2011 01:26:09 07/17/2011 30046 2011-000522 06:26 114 SPRUANCE RD Fire in mobile home used as fixed residence On the morning stated above Dover fire Department responded to the report of a residential fire at 114 Spruance Rd. E4 upon arrival found a single story single family residence with fire showing from the A side, extending into the attic/roof area of the structure. E4 crew along with E3 crew placed two 1 3/4 lines in service for the interior suppresion. Crews encountered heavy fire conditions in the family room, kitchen and attic area of the residence. Crews from E54 assisted in fire suppresion and along with crews from L2 preformed search and rescue operations and ventilation. E43 arrived and staged as the RIT. Crews operated for approx 45mins on fire suppresion and overhaul. Scene was turned over to Dover FM-1, 4, and 5 07/17/2011 30046 2011-000523 09:40 114 SPRUANCE RD Building fire Per City FM-1 request, returned to incident 523 location to extinguish smouldering blown in insulation above the ceiling. Prior to wetting the material down, with permission from FM-1, removed many O2 cylinders, medical supplies, a laptop computer and a few personal items requested by resident's family members, who took possession of same. Used about 1000 gallons of water applied with booster line to completely wet down the insulation. 07/19/2011 30046 2011-000524 01:03 300 N STATE ST Dispatched & canceled en route Date: 08/22/2011 Page: 3 Time:10:27

Date FDID Incident# Alarm ### Address Suite Type Dispatched for vehicle due to a MVC. Canceled by DPD upon arrival, Battery fire extinguished by DPD with dry chemical, and due to 41-77 investigation DPD officer requested we return. User: Knight, David 07/19/2011 03:05:41 07/19/2011 30046 2011-000525 01:35 119 E ROUNDTREE DR Outside rubbish, trash or waste fire On arrival found a city trash can on fire in front of 119 E Roundtree Drive. Engine 4's crew extinguished same. FM-5 Investigating. 07/19/2011 30046 2011-000526 01:46 81 E ROUNDTREE DR Special outside fire, other On arrival found patio furniture on fire in front of 81 E Roundtree Road. Engine 4's crew extinguished same. FM-5 Investigating. 07/19/2011 30046 2011-000527 02:02 848 FOREST ST Extrication of victim(s) from vehicle On arrival found a single vehicle MVC rollover with two subjects in the vehicle. A-63 was packaging the driver on arrival. Crew from Engine 4 assisted with removal and collar and boarding of the second patient. Crew secured the battery to the vehicle. A-63 transported both patients to KGH. Engine 4 cleared scene turned over to DPD. 07/19/2011 30046 2011-000528 07:20 105 MONT BLANC BLVD False alarm or false call, other DFD responded to the above address in reference to an alarm activation. On arrival, crews conducted a walk through but met with negative results. 07/19/2011 30046 2011-000529 08:59 60 CARVER RD Gas leak (natural gas or LPG) On arrival Chesapeake Utilities was on scene stated they had stopped the leak. Chesapeake stated a construction company working at the rear of Booker T Washington had struck a gasline with a backhoe. Crew checked the area and cleared. Scene turned over to Chesapeake Utilities and FM 4. 07/19/2011 30046 2011-000530 21:43 516 JEFFERIC BLVD B Alarm system activation, no fire - unintentional On arrival crews checked the building with negetive results. No alarm activation in the building. The alarm panel appeared to be going through a self check process. Possible power failure due to a thunderstorm. Building placed on fire watch and turned over to the respondent Charles Martin. 07/19/2011 30046 2011-000531 21:52 N STATE ST & MARY ST Power line down ELECTRICAL LINE DOWN FROM POLE 1224. THE WIRE WAS NOT IN THE ROADWAY OR ARCHING SO THE E2 CLEARED TURNING IT OVER TO THE DOVER POLICE OFFICER ON SCENE. 07/19/2011 30046 2011-000532 22:37 66 GRISSOM ST Smoke scare, odor of smoke On arrival found a smoke condition in the rear bedroom of the residence. Crews checked the residence along with all electrical items in the structure with negative results. Positive pressure was utilized to ventilate the residence. Occupant was advised to call 911 if they had any further problems. Engine 4 cleared. 07/20/2011 30046 2011-000533 04:37 1572 N DUPONT HWY False alarm or false call, other ALARM ACTIVATION DUE TO THE TEST EXPIRING. DOVER FD WAS NOT NOTIFIED OF THE TEST. ALARM CANCELLED BY DOVER 15. 07/20/2011 30046 2011-000534 14:30 2800 N DUPONT HWY Alarm system sounded due to malfunction Dover 17 was on location when dispatched and found an afa at above address. Fire Alarm panel stated a smoke detector was activated in the electrical room. Dover 17 checked the entire building with negative results. Scene was turned over to FM -1, Dover 17 cleared. 07/21/2011 30046 2011-000535 08:35 1080 SILVER LAKE BLVD False alarm or false call, other On the above date and time Dover Fire was alerted to the alarm being activated in the above business. E4 arrived as well as E7 and crews investigated same. It was found that a heat detector in the Wing 1 maintenance closet was activated . No problem was located. The scene was turned over to maintenance for further. 07/21/2011 30046 2011-000536 14:03 1200 N DUPONT HWY False alarm or false call, other MALFUNCTIONING SMOKE DETECTOR. CREWS WALKED THE BUILDING WITH DSU POLICE WITH NO FINDINGS. SCENE WAS TURNED OVER TO FM 5 07/21/2011 30046 2011-000537 20:10 225 CECIL ST Biological hazard, confirmed or suspected Requested by DPD Officer Hester to wash down blood from sidewalk area as the result from head injury. Used about 175 gallons to wash down the area into storm drain. 07/22/2011 30046 2011-000538 19:43 297 S. BAY DRIVE Cover assignment, standby, moveup Engine 4 responded for a RIT assist with station 54 for a working trailor fire on Kitts Hummock Rd. No further action taken. 07/23/2011 30046 2011-000539 10:40 1 S BRADFORD ST Hazardous condition, other DFD received a walk up report of a possible gas leak outisde the church at S Bradford St and Reed St. Writer responded to the area and detected a slight odor of gas in the area of the meter to the building. The occupants of the building were contacted and made aware of same and Chesepeake Utilities were notified to respond. No further action taken. 07/24/2011 30046 2011-000540 01:46 COLLEGE RD & MISHOE ST Hazardous condition, other DFD responded to the above location in reference to a wash down at the request of Dover PD. 07/24/2011 30046 2011-000541 08:13 500 W LOOCKERMAN ST Service Call, other DFD responded to the above address in reference to a possible mulch fire. On arrival, the affected area was watered down with approximately 50 gallons of water. No further action taken. 07/24/2011 30046 2011-000542 17:55 955 S STATE ST Alarm system sounded due to malfunction Sprinkler alarm activation, unfounded 07/25/2011 30046 2011-000543 04:37 40 LAUREL DR Dispatched & canceled en route Call for a residential fire alarm activation, smoke detector activation, zone 6. After dispatch the alarm company called back wishing to cancel due to speaking to the homeowner who had a proper pass code and had checked the residence with no smoke. Per 15 alarm was canceled. 07/25/2011 30046 2011-000544 20:13 1300 S FARMVIEW DR A Electrical wiring/equipment problem, other DFD responded to the above location in reference to an electrical issue with the A.C. unit. On arrival, crews noticed the outlet had a shortage in same. The power was secured to the affected area and maintenance was notified to make a response. No further action taken. 07/26/2011 30046 2011-000545 18:35 301 MOCKINGBIRD AVE Smoke or odor removal Date: 08/22/2011 Page: 4 Time:10:27

Date FDID Incident# Alarm ### Address Suite Type E4 responded to the above address in reference to an odor problem inside the residence. On arrival, crews conducted a walk through with negative results. No further action taken. 07/26/2011 30046 2011-000546 18:47 1710 N DUPONT HWY Malicious, mischievous false call, other DFD responded to the above address in reference to an alarm activation. On arrival, crews located a pull station that had been pulled by a juvenile. No further action taken. 07/26/2011 30046 2011-000547 20:49 1450 S DUPONT HWY Electrical wiring/equipment problem, other DFD responded to the above location in reference to a possible vehicle fire. On arrival, contacted the operator/owner of the vehicle. The owner stated he had located the problem prior to the fire department's arrival and did not need our service. No action taken. 07/27/2011 30046 2011-000548 07:36 737 N DUPONT HWY Off-road vehicle or heavy equipment fire On arrival found a lawn mower on fire the rear of Ichiban Sushi. Crew of enfine used a booster line to extinguish same. Engine 4 cleared. 07/27/2011 30046 2011-000549 09:54 1210 WHITEOAK ROAD Special outside fire, other On the above date and time Kent Center advised Dover Fire of an outside fire . Brush 9 made the response and found a stack of papers up against the tree that was lit on fire poss by a b/m juvenile approx 12-14 years of age dressed in a white t shirt jean shorts travelling on a bike unk color. The original Rp left the area prior to FD arrival . The fire was extinguished without the use of any water , it put itself out. Minimal damage to the tree was done. Scene was turned over to FM-2 for further investigation. 07/27/2011 30046 2011-000550 12:25 4128 FORREST AVE. Gasoline or other flammable liquid spill DFD responded to the above location in reference to a gas leak. On arrival, Dover 22 noticed approximately 50 gallons of diesel fuel leaking. DFD attempted to contain the leak. Hazmat 48 and DNREC responded and the scene was turned over to same. 07/27/2011 30046 2011-000551 12:41 1141 N DUPONT HWY 3 Good intent call, other Dispatched to the above location for a mulch fire. Upon location, were advised by a by-stander that someone had poured a cup of water on the fire and extinguished same. Investigated and found no evidence of active burning. cleared the scene. User: O'Connor, Jr., Michael 07/27/2011 14:07:23 07/27/2011 30046 2011-000552 12:46 1706 N DUPONT HWY Detector activation, no fire - unintentional On arrival occupant advised the fire alarm was activated by steam from the dish washer. Crew checked the building with negetive results. 07/28/2011 30046 2011-000553 12:43 898 WOODCREST DR Electrical wiring/equipment problem, other Dover Fire was alerted for report of an automatic alarm. Crews arrived on scene and it was found that an air conditioning unit was having electrical problems causing a small amount of smoke . Crews isolated the problem and Dep Chief West placed the incident under control. 07/28/2011 30046 2011-000554 18:37 306 CHELSEA WAY False alarm or false call, other DFD responded to the above location in reference to an alarm activation. On arrival, the neighbor was contacted and they advised no one was home. Crews condcted a walk around the residence but met with negative results. No further action taken. 07/29/2011 30046 2011-000555 11:31 1131 N DUPONT HWY Passenger vehicle fire DFD responded to Dover Downs in reference to a vehicle fire. On arrival, crews extinguished the engine compartment that was smoldering. Scene turned over to Dover Downs security. 07/29/2011 30046 2011-000556 14:37 2955 WALNUT SHADE RD Cover assignment, standby, moveup On the above date and time dispatch alerted members to an assist for station 41. This brought Ladder 2 and Engine 3 for a ladder assist on a reported working building fire. Ladder 2 responded under the command of writer and arrived on scene . Ladder 2's crew threw two 24 foot ground ladders inside the structure and then entered the main fire room to assist in fire suppression. Engine 3's crew arrived and were advised to assist Ladder 2's crew . The fire was located in the attic of the main outbuilding and was hard to locate due to multiple layers of different types of roofing. Once the inside ceiling was opened the fire flashed and came through the vent hole located in the roof. Writer made the decision to put the main aerial pipe into service. Due to the weather conditions, the driver of Ladder 2 and F/F Louie changed jobs. F/F Bashista and F/F Eric Carey placed the main into service utilizing a attic vent which was opened up by them as well. While suppressing the fire the nozzle on the end of the main pipe struck the building and cracked rendering the nozzle inoperable by remote control. The nozzle could still be moved by hand and the fire was knocked down by same. The scene was placed under control and crews remained on scene for approx 2 hours. All Firefighters were checked by the rehab unit per Asst. Chief Kleins request. Fm-19 is the investigating State Fire Marshall and stated that homeowner is renting his residence at this time due to being ill . His wife left for Cairo, Egypt. The owners of the residence are Shirley and Joseph Jackewikcz and it is unknown who their insurance company is as of the time of this report. FM-19 will be returning to the residence Monday and Tuesday to conduct further follow up and will be trying to obtain this information as well. 07/29/2011 30046 2011-000557 16:22 2800 N DUPONT HWY System malfunction, other On the above date and time dispatch advised writer that the alarm was sounding at the above location. Due to being at the same location for the same detector over the past few days writer responded without dispatching the department. Writer arrrived and found the back room smoke detector activation in the back room off the food prep area. The alarm was silenced by writer and management and the business was placed on firewatch until they get the alarm system fixed and functioning properly. 07/30/2011 30046 2011-000558 09:10 4 MANOR DR Dispatched & canceled en route Kent Com took a call from an alarm company reporting a burglar alarm activation, basement smoke detector activation. A station 12 crew call was put in to investigate with DSP. After dispatch, Kent Com had taken an additional call from someone on site reporting construction workers on site set off the alarm. Per Dover 15, the call was canceled. 07/31/2011 30046 2011-000559 16:42 1574 N DUPONT HWY Special type of incident, other Dover PD requested FD response for a bomb threat at the above location. Sta 2 crew call per Asst. Chief Troubetaris. FD and FM-2 stood by while the PD cleared the building. 07/31/2011 30046 2011-000560 21:32 806 RIVER RD Good intent call, other Dover 18 responded for smoke in the area. Upon investigation he found the residants at 800 River Rd. grilling chicken on an outdoor grill . Cleared with no further action. Date: 08/22/2011 Page: 5 Time:10:27

Date FDID Incident# Alarm ### Address Suite Type Total Incidents: 89

FY 11-12 City Funded Account Balance Sheet ACCOUNT BUDGET SPENT BALANCE Apparatus Repairs & Maintenance $ 62,000.00 $ 4,858.90 $ 57,141.10 Gasoline $ 19,050.00 $ 19,050.00 Medical Supplies $ 700.00 $ 700.00 Other Equipment Repairs $ 3,000.00 $ 3,000.00 Program Expenses $ 36,630.00 $ 949.21 $ 35,680.79 Radio Repairs $ 2,000.00 $ 2,000.00 Safety & Security $ 2,150.00 $ 2,150.00 Small Tools $ 4,800.00 $ 271.02 $ 4,528.98 Uniforms & Firefighting Gear $ 26,100.00 $ 26,100.00 Building Expenses- Electricity $ 51,820.00 $ 4,738.57 $ 47,081.43 Building Maintenance Supplies $ 1,650.00 $ 1,650.00 Heating Expenses- Gas $ 20,000.00 $ 69.58 $ 19,930.42 Telephone $ 20,340.00 $ 410.19 $ 19,929.81 Water & Sewer $ 3,150.00 $ 41.16 $ 3,108.84 Contractual Services $ 16,587.00 $ 16,587.00 Training & Travel $ 8,815.00 $ 646.00 $ 8,169.00 Pension $ 3,500.00 $ 3,500.00 Office Supplies $ 2,500.00 $23.79 $ 2,476.21 Balance as of: 07/31/11

FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2011-22 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 106 – Traffic and Vehicles, Article III – Stopping, Standing and Parking, Division 2 – 5 Metered Parking, Section 106-164 – Violations; penalties, be amended by inserting the text indicated 6 in bold, blue, italics, re-lettering paragraph (d) as (e), and inserting a new paragraph (d) as follows: 7 8 (a) Generally. Any person convicted of violating the provisions of this division or of 9 aiding, abetting or assisting in the violation of said provisions shall be sentenced to 10 pay a fine as provided for in Appendix F—Fees and Fines. After the expiration of 24 11 hours, the violator may pay the sum as provided for in Appendix F—Fees and Fines, 12 if payment is made voluntarily prior to the time and date set forth in the summons. 13 14 (b) Fourth violation. Any person committing a fourth violation within any 30-day period 15 of the provisions of this division within one (1) hour from the time that the summons 16 giving notice of the violation is issued, may pay as provided for in Appendix F—Fees 17 and Fines. After the expiration of one (1) hour from the issuance of the summons, the 18 violator may pay each such violation as provided for in Appendix F—Fees and Fines, 19 if payment is made voluntarily prior to the time and date set forth in the summons. 20 21 (c) Fifth violation, etc. Any person committing more than four (4) violations within any 22 30-day period of the provisions of this division may pay the sum as provided for in 23 Appendix F—Fees and Fines, if payment is made voluntarily prior to the time and 24 date set forth in the summons. 25 26 (d) Enhanced civil enforcement authority. If five (5) or more violations of this Article 27 have been issued to a vehicle and those violations are more than thirty (30) days 28 past due, or if accumulated unpaid violations of this Article exceed more than 29 $200.00, the vehicle shall be subject to enhanced civil enforcement, as follows: 30 (1) Such vehicle found parked on any street in the City of Dover shall be 31 immobilized by any police officer or parking enforcement employee of this 32 City in such manner as to prevent its operation. Any vehicle so immobilized 33 or impounded shall not be released to its lawful owner until all unpaid 34 violations and applicable administrative fees issued to such owner have been 35 discharged by payment in full, together with payment for the costs of 36 immobilizing, releasing, and storing such vehicle. The owner shall sign a 37 receipt for such vehicle. Payment for any such towing shall be in 38 accordance with the towing costs outlined in the current agreement between 39 the police department and the towing operator. If the vehicle is a tractor- 40 trailer combination, the trailer may be released to an authorized agent if the 41 tractor-trailer is immobilized pursuant to this section. 42 (2) In any case involving immobilization of a vehicle pursuant to this section, 43 the police officer or parking enforcement employee shall place on such 44 vehicle, in a conspicuous manner, notice sufficient to warn any individual 45 that such vehicle has been immobilized and that any attempt to move such 46 vehicle might result in damage to such vehicle.

Proposed Ordinance #2011-22 – Ch 106, Art III, Div 2, Sec 106-164 and Appendix F Page 2 47 (3) Any vehicle remaining immobilized and not release for 120 hours may be 48 towed and impounded at the direction of a police officer or parking 49 enforcement employee. 50 (4) Any person who unlawfully removes a device for immobilization of a vehicle 51 shall be fined as provided for in Appendix F – Fees and Fines. 52 (5) Any person who tows or otherwise moves an immobilized vehicle without 53 authorization by the Chief of Police or his designee shall be fined as 54 provided for in Appendix F – Fees and Fines. 55 56 (d) (e) Cost. No cost will be assessed if payment of the penalty as hereinbefore imposed is 57 voluntarily paid without the necessity of a hearing before the proper official. 58 59 60 BE IT FURTHER ORDAINED: 61 62 That Appendix F – Fees and Fines, Chapter 106 – Traffic and Vehicles, Article III – Stopping, 63 Standing and Parking, Division 2 – Metered Parking, Section 106-164, be amended by deleting the 64 text indicated in bold, red, strikeout and inserting the text indicated in bold, blue, italics as follows: 65 Chapter 106—Traffic and Vehicles, Article III—Stopping, Standing and Parking, Division 2— Metered Parking Sec. 106-163 Use of meters required Subsec. Coins accepted (b) Each $0.01 coin ..... Permits the vehicle to be parked for a period of 12 minutes Each $0.05 coin ..... Permits the vehicle to be parked for a period of 60 minutes Sec. 106-164 Violations; penalties Subsec. Generally; Each violation if paid within 24 A fine of not less than $1.00 for (a) hours from time summons giving notice of each violation violation is issued ..... Subsec. Generally; Each violation if paid after $2.00 for each violation, if (a) expiration of 24 hours from time summons payment is made voluntarily giving notice of violation is issued ..... prior to the time and date set forth in the summons Subsec. Fourth Violation; Each violation if paid $1.00 for each such violation (b) within one hour from time summons giving notice of violation is issued ..... Subsec. Fourth Violation; Each violation if paid $2.00 for each violation, if (b) after expiration of one hour from time payment is made voluntarily summons giving notice of violation is prior to the time and date set issued ..... forth in the summons

Proposed Ordinance #2011-22 – Ch 106, Art III, Div 2, Sec 106-164 and Appendix F Page 3 Subsec. Fifth violation, etc.; Any person $5.00 for each such violation, if (c) committing more than four violations payment is made voluntarily within any 30-day period of the provisions prior to the time and date set of this division ..... forth in the summons. Subsec. Any person who unlawfully removes a $500.00 fine for each violation (d)(4) device for immobilization of a vehicle ..... Subsec. Any person who tows or otherwise moves $500.00 fine for each violation (d)(5) an immobilized vehicle without authorization by the Chief of Police or his designee ..... Subsec. Cost. No cost will be assessed if payment of the penalty as hereinbefore (d) (e) imposed is voluntarily paid without the necessity of a hearing before the proper official 66 ADOPTED: * 67 68 69 SYNOPSIS 70 The proposed ordinance would allow the Police Department to use a 71 device to immobilize a vehicle that has unpaid parking tickets 72 exceeding $200 that are 30 days past due. 73 74 75 76 Actions History 77 September 12, 2011 - Scheduled for First Reading by Council 78 August 24, 2011 - Considered by the Safety Advisory and Transportation Committee 79 80 81 S:\ORDINANCES\2011\Draft\Ordinance 2011-22 Ch. 106, Art. III, Div 2, Sec 106-164 - Metered Parking Violations - Draft - SA&T.doc

FINAL READING CITY OF DOVER PROPOSED ORDINANCE #2011-20 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 2 That Chapter 110 - Utilities, Article III - Water Service, Division 1 - Generally, Section 110-67 - Private Wells, 3 be amended by deleting text indicated in red strikeout (subsection (b) Shallow wells in its entirety) and inserting 4 text indicated in bold, blue, italics as follows: 5 Sec. 110-67. Private wells. 6 (a) When authorized. It shall be unlawful and a nuisance for any person to dig, drill or otherwise 7 excavate any well more than 150 feet below the surface of the ground within the city, or one mile 8 thereof, without the permission of the city council given by resolution. No permission shall be 9 given for a well on any property where a potable water supply is available. 10 (b) Shallow wells. Shallow wells may be drilled into and water withdrawn from the unconfined 11 aquifers within the limits of the city, subject to the following: 12 (1) All wells shall require a permit from the state department of natural resources and 13 environmental control or other regulatory agency and the approval of the city setting forth 14 construction details, design yield, and withdrawal rates. 15 (2) All wells must have the approval of the state board of health or other similar regulatory 16 agency for their intended use. 17 (3) A detailed plan showing the well location, well construction, piping plan and connection 18 details shall be submitted with the application. 19 (4) All wells shall be metered by an approved device and daily pumping records maintained. 20 (5) All water derived from shallow wells shall be used only for boiler makeup, cooling water 21 use, and underground irrigation systems. 22 (6) Any revisions, changes or deviations from the original permit must be in the same manner 23 as the original permit. 24 (7) There shall be no interconnection with any public water supply, nor shall the shallow well 25 be used as a potable water supply for human consumption. 26 (8) Private irrigation systems shall be completely underground, with no connections or outlets 27 that could be used for human consumption. Irrigation shall be by sprinkler heads. 28 (b) Geothermal wells. Wells may be drilled for the purpose of the installation of a geothermal 29 heating and cooling system within the limits of the city, subject to the following: 30 (1) These wells shall not be authorized for withdrawal or injection. They will function as 31 borings, filled with a bentonite grout, with a piping system that acts as a heat exchanger 32 to dissipate/absorb heat from the system to the ground. 33 (2) There shall be no interconnection with any public water supply, nor shall the 34 geothermal well be used as a potable water supply for human consumption. 35 (3) No well shall be located within any city right-of-way or utility easement without written 36 authorization from the city manager. 37 ADOPTED: * 38 SYNOPSIS 39 The proposed ordinance would eliminate the allowance of new private shallow wells 40 within the City of Dover, and adds language to clarify that geothermal wells are 41 permitted provided they meet certain criteria. 42 Actions History 43 September 12, 2011 - Scheduled for Final Reading by Council 44 August 22, 2011 - First Reading by Council 45 August 8, 2011 - Considered by the Utility Committee 46 S:\ORDINANCES\2011\Draft\Ordinance 2011-20 - Irrigation Wells - FINAL Rdg.wpd