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City Council Meetings. 14 de febrero de 2011.

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REGULAR COUNCIL MEETING AGENDA February 14, 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 LEARY 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 January 24, 2011 2. Public Hearing - Violation of the Dangerous Building Ordinance - 106 S. New Street - House of Pride 3. Public Hearing/Final Reading - Rezoning Property located at 293 Saulsbury Road, owned by F & B Properties, consisting of 3.64+/- acres. The property is currently zoned C-3 (Service Commercial Zone) and subject to COZ-1 (Corridor Overlay Zone). The proposed zoning is C-2A (Limited Central Commercial Zone) and subject to COZ-1 (Corridor Overlay Zone). The subject property is located on the northeast corner of the intersection of Saulsbury Road and North Street. (Tax Parcel: ED05-076.11-01-43.00-000; Fourth Council District; Planning Reference: Z-11-01). The First Reading of Proposed Ordinance #2010-31 was accomplished during the Council Meeting of December 13, 2010. 4. Presentation - Dover Transit Center Neighborhood Plan

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Council Agenda - February 14, 2011 Page 2 5. Utility Committee Report - January 24, 2011 A. Request for Alley Abandonment (Improved) - Adjacent to 514 East Loockerman Street and 222 South DuPont Highway - HUB Associates, LLC and A & G Kramedas Associates (Committee Recommended Approval of the Request for Abandonment of the Improved Alley Located Adjacent to 514 East Loockerman Street and 222 South Dupont Highway, as Recommended by the Planning Commission, with the Condition that the City Retain All Necessary Easements Related to City Utilities. (City Clerk’s Note: In Accordance with the City’s Procedure for Alley Abandonments, Resolution No. 2011-02 Setting the Public Hearing is Presented to Council for Consideration for Adoption.)) * B. Proposed Ordinance #2011-01 - Amendment to Appendix B - Zoning, Article 5 - Supplementary Regulations, (New) Section 20 - Solar and Small Wind Energy Systems (Deferred by Committee on 01/10/2011)(See Item #10-A) (Committee Recommended Adoption of Proposed Ordinance #2011-01, as Amended) * C. Annual Engineering Consultant's Report on the Operation and Maintenance of the Electric System - Fiscal Year 2010 (Committee Recommended Acceptance of the Annual Engineering Consultant's Report on the Operation and Maintenance of the Electric System for Fiscal Year 2010) * D. Annualized Comparison of Utility Rates (Deferred by Committee on 01/10/2011) (Committee Recommended Acceptance of the Residential Rate Comparison Annualized at 1,000 kWh per Month as of November 23, 2010, as Presented) * E. Development Projects - Performance and Maintenance Bonding Concerns (Committee Recommended Acceptance of the Designation of Problems #2, #5, and #4 as the Highest-ranked Concerns Related to Development Projects - Performance and Maintenance Bonding, with the Expectation that a Timeline Would Be Developed to Begin Resolving These Problems, as Recommended by Staff) * F. Review of Utility Related Capital Investment Plan (CIP) (Electric and Water/Wastewater) (November) (Committee Recommended Acceptance of the Utility Related Capital Investment Plan (CIP) Reports for November 2010) * G. PACE/NAES Monthly Report (November) (Committee Recommended Acceptance of the PACE/NAES Monthly Report for November 2010) * 6. Legislative, Finance, and Administration Committee Report - January 24, 2011 A. Review and Recommendation - Filling Critical Positions (Committee Action Not Required) B. Review of Council Memberships (Committee Recommended that the City Clerk Be Authorized to Include Membership Dues in City Council's Budget, as Follows: 1) League of Local Governments - $6,000; 2) National League of Cities - $3,258; 3) Delaware State Chamber of Commerce - $856; 4) Central Delaware Chamber of Commerce - $875; and 5) Miscellaneous (Magazine Subscriptions, Etc.) - $200; Totaling $11,198) C. Statistics on Residency of City of Dover Employees (Committee Recommended Acceptance of the Statistics on Residency of City of Dover Employees Report, as Presented) D. Review of City Reserves and Policy Requirements (Committee Recommended Acceptance of the Reserve Analysis, as Presented by Staff, and that with Respect to the Electric Revenue Fund, the Reserve Calculation, Based upon Electric Revenue, Be Done Irrespective of the Power Cost Adjustment (PCA))

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Council Agenda - February 14, 2011 Page 3 * 7. Monthly Reports - December 2010 A. Budget Report B. Chief of Police Report C. City Assessor’s Report D. City Manager’s Report E. City Planner’s Report F. Dover Fire Department Report G. Capital Investment Plan (CIP) Report 8. Evaluation of Bids - 69 kV Substation Switch Replacement * 9. Human Relations Commission Appointments A. Dawn Allen-Pyne - Three (3) Year Term Expiring 2/2014 (Reappointment Recommended by Council President Hogan) B. Anlee Baccio-Walker - Three (3) Year Term Expiring 2/2014 (Reappointment Recommended by Council President Hogan) C. Roy Sudler, Jr. - Three (3) Year Term Expiring 2/2014 (Reappointment Recommended by Mayor Carey) 10. First Reading - Proposed Ordinance #2011-01 The First Reading is offered on the following proposed ordinance. Since it is an amendment to the Zoning Code, it is recommended for referral to the Planning Commission on March 21, 2011, and that a Public Hearing before City Council be set for April 11, 2011 at 7:30 p.m. and that the Second Reading and Final Action take place at that time. Copies of all proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. A. Proposed Ordinance #2011-01 - Amendment to Appendix B - Zoning, Article 5 - Supplementary Regulations, (New) Section 20 - Solar and Small Wind Energy Systems (Utility Committee) 11. Final Reading - Proposed Ordinances The First Reading of the Following Proposed Ordinances was accomplished during the Council Meeting of January 24, 2011. Copies of the proposed ordinances are available at the entrance of the Council Chambers. A. Ordinance #2010-01 - Chapter 102 - Taxation, Article I - In General, Section 102-1 - Annual Valuation and Assessment B. Ordinance #2011-02 - Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, (New) Section 102-117 - Construction of New Facility 12. Council Members Announcements /tm S:\AGENDAS & MINUTES\Council-Agendas\2011\02-14-2011.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.

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REGULAR COUNCIL MEETING The Regular Council Meeting was held on January 24, 2011 at 7:30 p.m. with Council President Hogan presiding. Council members present were Mr. Bonar, Mrs. Russell, Dr. McGlumphy, Mr. Leary, Mr. McGiffin, Mrs. Williams, Mr. Salters, and Mr. Ruane. Council staff members present were Police Chief Hosfelt, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, First Assistant Fire Chief Carey, Mr. DePrima, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Carey was also present. OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Hogan declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. There was no one present wishing to speak during the Open Forum. The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Dr. McGlumphy moved for approval of the agenda, as presented, seconded by Mr. Leary and unanimously carried. Council President Hogan noted that Item #5 - Quarterly Revenue Report, was inadvertently listed as a consent agenda item and requested that it be removed from the consent agenda. Mr. Bonar moved for approval of the consent agenda, as amended, seconded by Mrs. Williams and carried by a unanimous roll call vote. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JANUARY 10, 2011 The Minutes of the Regular Council Meeting of January 10, 2011 were unanimously approved by motion of Mr. Bonar, seconded by Mrs. Williams and bore the written approval of Mayor Carey. PROCLAMATION - BLACK HISTORY MONTH The City Clerk read the following Proclamation into the record: Whereas, in 1861, as the United States stood at the brink of Civil War, people of African descent, both enslaved and free persons, waited with a watchful eye, understanding that a war between the North and the South might bring about jubilee - the destruction of slavery and universal freedom; and Whereas, when the Confederacy fired upon Fort Sumter and war ensued, President Abraham Lincoln maintained that the paramount cause was to preserve the Union, not end slavery; and Whereas, Frederick Douglass, the most prominent black leader, suggested that regardless of intentions, the war would bring an end to slavery; and

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CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 2 Whereas, over the course of the war, the four million people of African descent in the United States proved Douglass right. Free and enslaved blacks rallied around the Union flag in the cause of freedom; and Whereas, nearly 200,000 joined the Grand Army of the Republic and took up arms to destroy the Confederacy, serving as recruiters, soldiers, nurses, and spies, and endured unequal treatment, massacres, and riots pursuing their quest for freedom and equality; and Whereas, in honor of the efforts of people of African descent to destroy slavery and inaugurate universal freedom in the United States, the Association for the Study of African American Life and History has selected “African Americans and the Civil War” as the 2011 National Black History Theme. We urge all Americans to study and reflect on the value of their contributions to the nation, and to our community. NOW THEREFORE I, CARLETON E. CAREY, SR., Mayor of the City of Dover, Delaware do hereby proclaim February 2011 as BLACK HISTORY MONTH and encourage all citizens to celebrate the contributions of African-Americans to our great society. UTILITY COMMITTEE REPORT - JANUARY 10, 2011 The Utility Committee met on January 10, 2011 with Chairman Ruane presiding. Proposed Ordinance #2011-01 - Amendment to Appendix B - Zoning, Article 5 - Supplementary Regulations, (New) Section 20 - Solar and Small Wind Energy Systems Mrs. Ann Marie Townshend, Director of Planning and Community Development, presented Proposed Ordinance #2011-01 - Amendment to Appendix B - Zoning, Article 5 - Supplementary Regulations, (New) Section 20 - Solar and Small Wind Energy Systems, for the Committee’s consideration. Mrs. Townshend provided members with a revised version of the Proposed Ordinance and noted that changes were indicated in red. She advised members that the revisions resulted from a meeting that staff held with Councilman Eugene Ruane, Mrs. Judy Diogo (Central Delaware Chamber of Commerce), Mr. Phil McGinnis (representing area Realtors), and Mr. John Paradee (attorney representing an interested client) on January 4, 2011. Mrs. Townshend reminded members that the 2008 Comprehensive Plan called for the development of code amendments that would encourage renewable energy. She explained that the Proposed Ordinance would allow solar energy systems and small wind energy systems as accessory uses within all zoning and non-residential zones, as well as public health, safety and welfare, and add definitions for such systems to the Zoning Ordinance. Responding to Mr. Ruane, Mrs. Townshend confirmed that the Proposed Ordinance was drafted after reviewing related State of Delaware legislation (Chapter 80 of Title 29, Section 8060) and researching the matter through the National Planning Organization and other jurisdictions.

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CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 3 In response to concerns of Mr. McGiffin regarding the prohibition of free-standing solar panels in residential areas, Mrs. Townshend stated that if members wished to delay action, staff could research the standards for residential areas. She indicated that there are concerns with intrusiveness and explained the importance of establishing set-back requirements. Mr. Bonar relayed concerns with the types of screening that would be required and requested that staff provide details regarding the term “visually screened.” Mr. Phil McGinnis, McGinnnis Commercial Real Estate Company, 555 E. Loockerman Street, stated that he chairs the Public Policy Committee for the Kent County Association of Realtors and advised members that he worked with the State Legislature for three (3) to four (4) years on the associated State statute and supports the revised Proposed Ordinance presented by staff. In considering the specific issues regarding the height of the turbine and screening for the City of Dover, he noted that properties are typically 30 to 50 feet wide and, therefore, could not support a wind turbine. Mr. McGinnis stated that, as a result, solar panels would be the only option for renewable energy. In terms of screening, he explained that reflective lighting off solar panels is a potential problem; however, he stated that he was convinced that such concerns have been satisfied in the revised Proposed Ordinance. Mr. John Paradee of the law firm Prickett, Jones, and Elliott, 11 North State Street, indicated that representatives of Arca Advisors were present, as well as Mr. Don Burg and Mr. Craig Frater, principals of his client, CD Realty Advisors. He commended the City for its support of alternative renewable energy, as expressed through the Comprehensive Plan and consideration of the Proposed Ordinance. Mr. Paradee explained that CD Realty Advisors owns several parcels at the Silver Lake Business Park and that, although many of the parcels have been improved with buildings which have been leased to various users, there is one (1) parcel that remains vacant. Due to current market conditions, he stated that his clients have been exploring other options for the use of this property. Mr. Paradee noted that the firm’s desire is to put a ground-mounted solar energy system on the vacant parcel to generate energy to support and satisfy the needs of one (1) of its buildings. In order for this concept to work, he stated that more than 30% of the lot area would be required, which the Proposed Ordinance prohibits. He also relayed concern with establishing a threshold that allows for a project to be permitted as a conditional use, explaining that businesses and their financial institutions would require certainty. Mr. Paradee requested that ground-mounted solar energy systems be a permitted use in non-residential areas, not an accessory use. He assured members that, although he appreciates the City’s consideration of both solar and wind energy systems, his clients have no interest in wind energy systems. Responding to Mr. Ruane, Mr. Paradee stated that, since the meeting held on January 4, 2011, he had further opportunity to discuss the matter with his clients and was made aware of their concerns regarding the restrictions related to lot coverage. Mr. Brian Yeager, representative of Arca Advisors, provided members with a Statement from the Delaware Solar Energy Coalition regarding the Proposed Ordinance and reviewed Ground Mount Solar Array Quick Facts. Due to the important role that manufacturing, labor, installation, and financing play in solar pricing, Mr. Yeager explained that restricting the use of lot area would be disincentivizing.

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CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 4 Mr. Donald Burg, CD Realty Advisors, 200 S. Broad Street, Philadelphia, PA, relayed concerns regarding merging properties to attain the required square footage and the need for parcels to remain separate for tax records and financial purposes. For purposes of the Proposed Ordinance, he suggested that parcels which are contiguous and have common ownership be considered one (1) parcel. It was his feeling that this proposal would eliminate many of the issues with ancillary versus permitted uses. Responding to Mr. McGiffin regarding the sale of one (1) of the properties, Mr. Burg stated that the properties would either have to be sold together or the array removed, suggesting that if the properties were sold in a manner that “breaks” the contiguous and common ownership, the result would be array removal. Mrs. Townshend advised members that the State legislation indicates that “any wind energy system shall be buffered from any properties or structures included on the historic registry.” She explained that her concerns with principal use or permitted use within non-residential and commercial zones, from a land planning perspective, are relative to the potential long-term implications on the character of the City’s commercial areas. In response to Mr. Ruane, Mrs. Townshend stated that there are other precedents in the Dover Code that provide consideration of properties under common ownership and that staff could research this concept and include an amendment to the Proposed Ordinance. However, she noted that the revised Proposed Ordinance indicates that the ground-mounted solar energy system shall not be located between the principal structure and the street. Having recently visited the National Renewable Energy Laboratories in Denver, Colorado, Mr. Bonar reminded members that there is emerging technology that is very close to becoming a reality which will eliminate noticeability of such solar energy systems. The Committee recommended that action be deferred until the next Committee meeting to allow time for staff to address the concerns relayed. By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote. Annual Engineering Consultant’s Report on the Operation and Maintenance of the Electric System - Fiscal Year 2010 Due to time constraints, the Committee deferred consideration of the Annual Engineering Consultant’s Report on the Operation and Maintenance of the Electric System for Fiscal Year 2010 until the next Committee meeting. Development Projects - Performance and Maintenance Bonding Concerns Mr. Anthony DePrima, City Manager, advised members that, as part of a shared performance goal, the City Manager, the Public Services Manager, and the Director of Planning and Community Development conducted a series of four (4) internal meetings to brainstorm various ideas to address concerns raised about performance and maintenance bonding in subdivisions, site plan compliance,

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CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 5 ensuring the functionality of homeowners’ associations (HOAs), and other development project issues. As a result of these meetings, which were held in October, November, and December of 2010, he stated that eight (8) specific issues/concerns were identified. Mr. DePrima assured members that the list is not comprehensive and that staff would welcome additional ideas. He requested guidance for prioritizing, noting that all issues/concerns could not be addressed in a year. He also assured members that staff’s intention is to reach out to interest groups, development associations, communities, and homeowner groups to obtain feedback, explaining that presenting these development projects to the Committee is one (1) of the first steps in the process. Mr. Scott Koenig, Public Services Manager, reviewed the Development Project concerns and suggestions developed by staff. Mr. Ruane suggested that the list of Development Project concerns and suggestions be provided to members in electronic form and, at the suggestion of Mr. DePrima, that members rank the projects in priority and provide a suggested timeline to be considered by the Committee during their next meeting. The Committee recommended that staff provide the list of Development Projects to members for their review and prioritization to be considered by the Committee during their next meeting. By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote. Annualized Comparison of Utility Rates Due to time constraints, Mr. Ruane requested that the Annualized Comparison of Utility Rates be deferred until the next Committee meeting. The Committee deferred the Annualized Comparison of Utility Rates until the next Committee meeting. Review of Utility Related Capital Investment Plan (CIP) (Electric and Water/Wastewater) (November) Due to time constraints, Mr. Ruane requested that the Review of the Utility Related CIP for Electric and Water/Wastewater for November 2010 be deferred until the next Committee meeting. The Committee deferred the Review of the Utility Related Capital Investment Plan (CIP) for Electric and Water/Wastewater for November 2010 until the next Committee meeting. By consent agenda, Mr. Bonar moved for acceptance of the Utility Committee Report, seconded by Mrs. Williams and carried by a unanimous roll call vote.

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CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 6 LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JANUARY 10, 2011 The Legislative, Finance, and Administration Committee met on January 10, 2011 with Chairman Leary presiding. 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. Local Area Network (LAN) Analyst - Information Technologies (IT) Department Mr. Anthony DePrima, City Manager, reviewed a request to recruit for a Local Area Network (LAN) Analyst for the Information Technologies (IT) Department. He noted that Mr. Andy Siegel has assumed the position of Acting IT Director; however, Mr. Siegel continues to serve as a LAN Analyst. Mr. DePrima explained that the department currently has one (1) additional employee serving in this capacity. Responding to Mr. McGiffin, Mr. DePrima stated that it was decided to postpone filling the IT Director position until FY 12 in an effort to conserve funds. He stated that if someone other than Mr. Siegel is ultimately selected to fill the position of IT Director, there will be a total of three (3) LAN Analyst positions. In response to Mr. Shevock, Mr. DePrima stated that the Request to Recruit Form should have included budgetary details and assured members that funds are available in the budget for the position. The Committee recommended approval of the request to recruit for a Local Area Network (LAN) Analyst for the Information Technologies Department, as recommended by staff. By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote. Presentation - Public Financial Management - Final Results of 2010 Electric Revenue Bond Refunding (Geoffrey Stewart) Mrs. Donna Mitchell, Controller/Treasurer, introduced Mr. Geoffrey Stewart, Senior Managing Consultant, Public Financial Management (PFM). She stated that Mr. Stewart serves as the City’s financial advisor and assists with all of the City’s bond financing. Mr. Stewart reviewed a Financial Advisory Memorandum, which provided information regarding the very successful November 2010 refinancing of the City’s outstanding electric revenue bond debt. He reminded members that the City had approximately $11.4M of outstanding bonds that were issued to build assets in the electric system. The average interest rate on the outstanding loan was 5%. Mr. Stewart stated that new bonds were issued to pay off the old bonds at a substantial savings,

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CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 7 noting that the true interest cost is 1.23%. In terms of dollars and cents, he stated that, in gross, over the life of the remaining loan, which extends until 2016, the City will realize over $3M less interest in debt service savings and the net present value savings for the City will be over $1M. Responding to Mr. Ruane, Mr. Stewart stated that the electric utility is rated Aa2 by Moody’s and A+ by Fitch. He stated that he could provide members with details regarding the metrics that are reviewed and how the City’s utility performance compares to its peer groups. He suggested that the City exercise caution by maintaining healthy reserve levels and noted that the transfer of funds to the General Fund is a metric that is considered when ratings are established. The Committee recommended acceptance of the Report on the Final Results of the 2010 Electric Revenue Bond Refunding submitted by Public Financial Management. By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote. Authorization to Purchase - Vehicle Computers/In-Car Camera Systems Police Chief James Hosfelt submitted a request to purchase vehicle computers/in-car camera systems as an allowable Sole Source Procurement. He indicated that a different configuration of computers, in-car camera equipment, and associated parts/accessories is required in order to fit within the smaller space constraints of new and future police vehicles. Chief Hosfelt explained that the new equipment will minimize the negative impact of vehicle space constraints on officer safety and reduce operational and maintenance costs for the City in the long term. Police Chief Hosfelt explained that a combination of budget and grant funds will be utilized for this purchase. He noted that budgeted funds programmed for annual recurring mobile data computer (MDC) replacements ($23,400.00), as well as funds for vehicle equipment replacement ($11,400.00), will be combined with available Justice Assistance Grant funding ($37,616.10) to complete this purchase (total of $72,416.10). In addition, he stated that the Department would like to continue to purchase these systems in future years to replace the current configuration of equipment in vehicles through the normal vehicle replacement cycle. Chief Hosfelt noted that, as the process continues, savings in maintenance costs will be realized, as the number of vendors needed to provide maintenance will be minimized. Staff recommended approval of the request from the Police Department to purchase the new configuration of computers and in-car cameras for its vehicles, as well as the continued purchase of these items in future years as part of the normal, recurring replacement cycle. The Committee recommended approval of staff’s recommendation for the expenditure of $72,416.10 to purchase the vehicle computers/in-car camera systems. By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote.

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CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 8 Accounting Procedures for Federal Forfeiture Funds During their meeting of August 23, 2010, members were provided a briefing regarding the Police Department’s Criminal Investigation Fund, which was being maintained by the Police Department without being accounted for in the City’s records. Members were assured that the Police Department would work with the Finance Department to transfer all records and documentation to bring the Fund under the control of the Finance Department. Members accepted the Criminal Investigation Fund Report, as delivered by the Police Chief, and anticipated an update when the administrative adjustments were completed. City Council approved this action during their Regular Meeting of September 13, 2010. Mrs. Donna Mitchell, Controller/Treasurer, reported that Chief Hosfelt and the Police Department staff worked cooperatively with the Finance Department to close out the separate bank account and deposit the cash balance into a City account, which is currently used for Law Enforcement Grants. She explained that all activity is now being processed through the City’s accounting system in compliance with all policies and procedures. Mrs. Mitchell noted that the previous bank account was being reconciled, financial reports were being prepared by the Police Department, and controls were in place to prohibit unauthorized spending per the Department’s internal policies; however, these activities were not shared with anyone outside of the Police Department. She advised members that Chief Hosfelt agreed to a compliance review conducted by the City auditor, Faw, Casson & Company. Mrs. Mitchell stated that staff recommended that annual budgets be established for Police Grants and all other Criminal Investigation Funds and that all estimated receipts and planned disbursements be adopted through the budget process and accounted for in the same manner as all other funds to insure transparency and accountability. She explained that there was a general understanding that, through the use of the City’s budgeting and financial systems, all policies and procedures would be adhered to. Mrs. Mitchell noted that, until such time as a budget can be established, the Finance Department will issue a summary of activity for these funds in conjunction with the Finance Department’s monthly report. The Committee recommended acceptance of the accounting procedures for the Federal Forfeiture Funds, as recommended by staff. By consent agenda, Mr. Bonar moved for approval of the Committee’s to accept the accounting procedures for the Federal Forfeiture Funds (Exhibit #1), seconded by Mrs. Williams and carried by a unanimous roll call vote. Proposed Ordinance #2010-01 - Chapter 102 - Taxation, Article I - In General, Section 102-1 - Annual Valuation and Assessment and Proposed Companion Ordinance #2011-02 - Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, (New) Section 102-117 - Construction of New Facility Ms. Cheryl Russell, Tax Assessor, reviewed proposed Ordinance #2010-01, amending Chapter 102 - Taxation, Article I - In General, Section 102-1 - Annual Valuation and Assessment of the Dover Code, and proposed companion Ordinance #2011-02, amending Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, (New) Section 102-117 - Construction of New Facility.

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CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 9 During their meeting of January 11, 2010, members were provided Proposed Ordinance #2010-01, which would revert the ordinance to its original intent and strike out Mayor Carey’s amendments, which were approved by City Council on December 14, 2009. The purpose of the amendment was to follow the recommendations resulting from a June 2008 audit performed by Mr. Frederick Chmura and Mr. William Ford of the International Association of Assessing Officers (IAAO). The Committee recommended that the City Assessor’s Office, the City Manager’s Office, and the real estate community meet to attain a workable solution within 90 days. This recommendation was approved by City Council during their Regular Meeting of January 25, 2010. Ms. Russell advised members that, after several meetings with the real estate community, a consensus was reached regarding the recommendation for approval of Proposed Ordinance #2010-01, with the stipulation that a companion Ordinance, #2011-02, be adopted. She explained that Proposed Ordinance #2011-02 would allow for an application for abatement of real estate taxes. Staff recommended adoption of Proposed Ordinances #2010-01 and #2011-02. In response to Mr. Ruane, Ms. Russell estimated that there are currently four (4) or five (5) commercial projects that would be eligible for the abatement; however, she anticipated their completion prior to July 1, 2011. Responding to Dr. Jones, Ms. Russell stated that an abatement would apply only to new construction on the property. The Committee recommended adoption of Proposed Ordinances #2010-01 and #2011-02. By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote. (The First Reading of the ordinances will take place during the latter part of the meeting.) By consent agenda, Mr. Bonar moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mrs. Williams and carried by a unanimous roll call vote. QUARTERLY REVENUE REPORT Mrs. Terry Tieman, Senior City Administrator, reviewed the Quarterly Revenue Report as of December 31, 2010. Mrs. Russell requested that staff use larger print when preparing this report in the future. Mr. Leary moved for acceptance of the Quarterly Revenue Report as of December 31, 2010, seconded by Mr. Bonar and unanimously carried.

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CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 10 PROPOSED RESOLUTION NO. 2011-01 - AUTHORIZING THE ISSUANCE AND SALE OF UP TO $765,060 SEWER REVENUE BONDS OF THE CITY OF DOVER FOR THE CONSTRUCTION OF CERTAIN SEWER PROJECTS AND AUTHORIZING ALL NECESSARY ACTION IN CONNECTION THEREWITH Mrs. Donna Mitchell, Controller/Treasurer, briefly reviewed Proposed Resolution No. 2011-01, authorizing the issuance and sale of up to $765,060 in Sewer Revenue Bonds of the City of Dover for the construction of certain capital improvement projects for the sewer system, including, but not limited to: 1) Fox Hall Pump Station, 2) Lepore Road Pump Station, and 3) Heatherfield Force Main. Mrs. Williams moved for the adoption of Resolution No. 2011-01. The motion was seconded by Mrs. Russell and, by a unanimous roll call vote, Council adopted the following Resolution: A RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF UP TO $765,060 SEWER REVENUE BONDS OF THE CITY OF DOVER FOR THE CONSTRUCTION OF CERTAIN SEWER PROJECTS AND AUTHORIZING ALL NECESSARY ACTION IN CONNECTION THEREWITH WHEREAS, the City of Dover (the “City”) is authorized pursuant to Volume 52, Delaware Laws, Chapter 111, as amended by Volume 57, Delaware Laws Chapter 340, Volume 36 Delaware Laws, Chapter 158, as amended, and the City Charter (collectively the “Enabling Acts”) to issue revenue bonds for the purpose of financing the extension, reconstruction or improvements to the City’s water, sewer and electric systems; WHEREAS, pursuant to the Enabling Acts, the City adopted a Bond Resolution on February 27, 1989 (the “Bond Resolution”) providing for the issuance of water and sewer revenue bonds and pursuant to the Bond Resolution the City has issued and there remains outstanding its $7,980,000 Water and Sewer Revenue Bonds, Series 2003 and its $5,942,481 Water and Sewer Bonds, Series 2009 (the “Outstanding Bonds”); WHEREAS, the City desires to issue additional revenue bonds pursuant to the Bond Resolution on a parity with the Outstanding Bonds; WHEREAS, the City has approved certain capital improvements to its Sewer System and desires to issue its additional parity revenue bonds pursuant to the Bond Resolution and to pay the costs of said improvements, including, but not limited to the following: 1. Fox Hall Pump Station 2. Lepore Road Pump Station 3. Heatherfield Force Main (the “Projects”). NOW THEREFORE THE CITY OF DOVER HEREBY ORDAINS (AT LEAST THREE FOURTHS OF THE MEMBERS OF COUNCIL CONCURRING HEREIN): Section 1. Amount and Purpose of the Bonds. Acting pursuant to the Enabling Acts, and the Bond Resolution the City shall issue its negotiable obligations in the maximum aggregate

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CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 11 principal amount not to exceed $765,060 to finance or refinance a portion of the cost of the construction and equipping of the Projects, an estimate of which is appended hereto as Exhibit A. The monies raised from the sale of the Bonds (including the investment earnings thereon) after the payment of the costs of issuance, shall be expended only for the purposes authorized herein or as may otherwise be authorized by subsequent action by City Council. Authorized purposes include the costs of planning, constructing, acquiring and equipping the Projects or any portion thereof; interest on the Bonds and any interim financing during the construction period and for a period of up to one year following the estimated date of completion; the costs of issuance of the Bonds and any interim financing; the repayment of temporary loans incurred with respect to the Projects; and the reimbursement of authorized costs previously expended by the City from other funds. Section 2. Terms of the Bonds. The Bonds shall be sold to the Delaware Water Pollution Control Revolving Fund (the “SRF Fund”) administered by the State of Delaware Department of Natural Resources and Environmental Control, Division of Water Resources pursuant to the terms of its commitment letter dated January 17, 2011 (the “Commitment Letter”), a copy of which is appended hereto as Exhibit B, and the other terms and conditions to be contained in a Financing Agreement between the City and the SRF Fund (the “Financing Agreement”). Section 3. Security for the Bonds. The principal, interest and premium, if any, on the Bonds shall be payable solely from the City’s Net Operating Revenue which is hereby pledged to secure the Bonds on a parity with the Outstanding Bonds. The full faith and credit of the City shall not be pledged to pay principal and interest on the Bonds. Section 4. Rate Covenant. The City covenants that it will fix and collect rates, fees and other charges for the use of and for services furnished or to be furnished by the Sewer System, and will from time to time revise such rates, fees and other charges so that in each Fiscal year the Net Operating Revenue available to pay debt service on the Bonds will equal at least the principal and interest requirements for the Bonds. If, for any reason, the revenues are insufficient to satisfy the foregoing covenant, the City shall within ninety (90) days adjust and increase its rates, fees and other charges or reduce its Operating Expenses so as to provide sufficient Net Operating Revenue to satisfy such requirement. Section 5. Details of the Bonds. The Mayor and City Controller/Treasurer are authorized to determine the details of the Bonds including the following: the date or dates of the Bonds; provisions for either serial or term bonds; sinking fund or other reserve fund requirements; due dates of the interest thereon; the form of the Bonds; the denominations and designations of the Bonds; registration, conversion and transfer provisions; provisions for the receipt, deposit and investment of the proceeds of the Bonds; provisions for the replacement of a lost, stolen, mutilated or destroyed Bonds; and provisions for issuing uncertificated obligations and all procedures appropriate for the establishment of a system of issuing uncertificated debt. The Bonds shall be executed by the manual or facsimile signature of the Mayor and City Controller/Treasurer, shall contain an impression of the City Seal of a facsimile thereof and shall be attested by the manual signature of the City Clerk.

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CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 12 Section 6. Further Action. The Mayor, the President of the City Council, the City Controller/Treasurer, the City Manager and the City Clerk are authorized and directed to take such other action on behalf of the City, as may be necessary or desirable to effect the adoption of this Resolution and the issuance and sale of the Bonds and to provide for their security and to carry out the intent of this Resolution, including the publication of notices and advertisements and the execution and delivery of customary closing certificates. Section 7. Effective Date. This Resolution shall become effective immediately upon its passage. The City Clerk is hereby directed to publish once in a newspaper published in the City a notice in substantially the following form: “NOTICE IS HEREBY GIVEN that the City Council of The City of Dover, Delaware on January 24, 2011 pursuant to Chapter 111, Volume 52, Delaware Laws, as amended, adopted a resolution entitled as follows: “RESOLUTION AUTHORIZING THE ISSUANCE AND SALE OF UP TO $765,060 SEWER REVENUE BONDS OF THE CITY OF DOVER FOR THE CONSTRUCTION OF CERTAIN SEWER PROJECTS AND AUTHORIZING ALL NECESSARY ACTION IN CONNECTION THEREWITH” “The purpose of the issuance and sale of said bonds is to provide funds (approximately $765,060) to pay a portion of the costs of certain projects including, but not limited to: (1) Fox Hall Pump Station; (2) Lepore Road Pump Station, and (3) Heatherfield Force Main. “Any action or proceeding to contest the validity of said resolution or any of its provisions must be commenced within thirty (30) days after publication of this notice. After expiration of such period of limitation, no right of action or defense founded upon the invalidity of said resolution or any of its provisions shall be asserted, nor shall the validity of said resolution or any of its provisions be open to question in any court upon any ground whatsoever, except in an action or proceeding commenced within such period.” By order of the City Council of the City of Dover. ADOPTED: JANUARY 24, 2011 LABOR CONTRACT SETTLEMENT - IBEW LOCAL 1238 Mr. Anthony DePrima, City Manager, reviewed the City of Dover and IBEW Local #1238 Labor Contract Settlement for July 1, 2010 through June 30, 2013. He noted that the IBEW membership approved the settlement on January 5, 2011. Dr. McGlumphy referred to increases that have been provided to these City employees and those that are proposed in the contract settlement and relayed concerns with the City continuously providing such salary increases in view of the current economic climate.

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CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 13 Mr. McGiffin moved for approval of the IBEW Local #1238 Labor Contract Settlement for July 1, 2010 through June 30, 2013, as presented. The motion was seconded by Mr. Salters. Responding to Mr. Ruane, Mr. DePrima confirmed that all associated costs are included in the Electric Fund budget. In addition, Mrs. Kim Hawkins, Human Resources Director, explained that there is a cost savings of approximately $21,000 in this year’s budget. Noting that the contract involves electrical workers, Mrs. Hawkins advised members that Delmarva Power employees received non-base compensation equivalent to 2% for this fiscal year and will be provided a 2% increase each year for the next two (2) years of their contract. Mr. Ruane noted that the proposed contract will ensure that the City remains competitive as an employer. The motion for approval of the IBEW Local #1238 Labor Contract Settlement for July 1, 2010 through June 30, 2013, as presented, was carried by a roll call vote of six (6) yes and three (3) no (Dr. McGlumphy, Mr. Leary, and Mrs. Williams). EVALUATION OF BIDS - ROUTE 13 SEWER INTERCEPTOR UNIT COST TRUE-UP Mr. Anthony DePrima, City Manager, advised members that the Route 13 Sewer Interceptor was recently completed and is now in operation. He reminded members that the original bid form contained unit prices that were based on estimated quantities for a specific material or service to be provided by the contractor; however, he indicated that adjustments were needed. For example, Mr. DePrima stated, due to the historic high water table at the start of the project, the contractor had to provide more well pointing services than anticipated in order to properly install the sewer pipe. Mr. DePrima noted that the estimated number of days specified in the bid form was 70 days; however, the contractor provided well pointing for a total of 261 days; therefore, per the contract, the City is required to pay the difference of 191 days at the unit price of $750.00 per day, for a total of $143,250. He noted that other contingency items included dewatering, additional undercut excavation, removal of unsuitable fill, the installation of additional borrow material, and credits for work not required. Members were given the opportunity to review a financial summary of the project, including a Tracking Report and details regarding adjustments to the contract items. Staff recommended approval of the Unit Cost True-up/Change Order submitted by Eastern States Construction Services, Inc., in the amount of $275,890 for the finalization of overages/underages of the unit cost items from the original bid form dated November 18, 2009. Mr. DePrima assured members that this would be the final true up/change order for the installation of the interceptor since the project is complete. He noted that geotechnical testing was performed during the design phase of the project and, based on those tests, the engineer developed estimates for the dewatering contract items. Mr. DePrima explained that following those tests, the City had a sharp rise in the groundwater level, resulting in an underestimation of the unit quantities. In addition, Mr. DePrima advised members that the contractor is installing the Delaware Technical and Community College/Delaware State University force main under a change order approved by Council on October 11, 2010, and the contract will be closed once this is complete. He noted that the total amount budgeted for this project was $3,201,480 and the actual project cost is estimated at $2.9M.

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CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 14 Responding to Mrs. Williams, Mr. Ron Lunt, Public Utilities Director, stated that the majority of the “true-up” is related to water removal. He advised members that a geotechnical study was conducted well in advance of the project to determine the types of soils and water tables in order to develop the specifications. Mr. Lunt advised members that after the study was complete, and while the project was under construction, the water table rose three (3) feet due to the amount of rain the City received in the spring, resulting in a substantial increase in the cost of dewatering. In response to Mrs. Williams, Mr. Lunt indicated that the mis-projection of soil types was due to the effects of the water in the soil. He confirmed that this request does not reflect a mistake made by the City, its contractors, or engineering firms, but is the result of circumstances that were “out of anyone’s control” which exacerbated the unit costs for soil removal. Mr. Bonar moved for approval of the Unit Cost True-up/Change Order submitted by Eastern States Construction Services, Inc., in the amount of $275,890, for the finalization of overages/underages of the unit cost items per the original bid form dated November 18, 2009. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote. CONFIRMATION OF POLICE PENSION ELECTION - RET. LT. TIMOTHY P. MULLANEY, SR. - THREE (3) YEAR TERM TO EXPIRE JANUARY 31, 2014 Retired Lieutenant Timothy P. Mullaney, Sr.’s term of office on the Police Pension Board will expire on January 31, 2011. Pursuant to Section 18-47 of the Pension Plan, notice of an election was given to all plan members. Only one nomination was received; therefore, no election was held. Chief Hosfelt nominated Retired Lieutenant Timothy P. Mullaney, Sr. to serve a three (3) year term, to expire on January 31, 2014. By consent agenda, Mr. Bonar moved for approval of the nomination of Retired Lieutenant Timothy Mullaney, Sr. to serve on the Police Pension Board, with a three (3) year term to expire on January 31, 2014. The motion was seconded by Mrs. Williams and carried by a unanimous roll call vote. FIRST READING - PROPOSED ORDINANCES Council President Hogan reminded the public that copies of the proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinances will take place during the Council Meeting of February 14, 2010. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Proposed Ordinances, as read by the City Clerk, by title only, as follows: % ORDINANCE #2010-01 - CHAPTER 102 - TAXATION , ARTICLE I - IN GENERAL, SECTION 102-1 - ANNUAL VALUATION AND ASSESSMENT % ORDINANCE #2011-02 - CHAPTER 102 - TAXATION , ARTICLE IV - ABATEMENT OF REAL ESTATE TAXES , (NEW ) SECTION 102-117 - CONSTRUCTION OF NEW FACILITY

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CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 15 FIRST READING - PROPOSED ORDINANCE #2011-03 - 2011 AMENDMENTS TO THE 2008 COMPREHENSIVE PLAN Council President Hogan reminded the public that copies of the proposed ordinance are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Since the ordinance is an amendment to the Comprehensive Plan, a public hearing is required. Staff recommended referral of the amendment to the Planning Commission on Tuesday, February 22, 2011 at 7:00 p.m., and that a public hearing take place during the Council Meeting of Monday, March 14, 2011, at 7:30 p.m., at which time final action by Council will take place. By motion of Mr. McGiffin, seconded by Mr. Leary, Council, by a unanimous roll call vote, referred the request to the Planning Commission for a public hearing on Tuesday, February 22, 2011 at 7:00 p.m. and set a public hearing before City Council on Monday, March 14, 2011 at 7:30 p.m. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Proposed Ordinance, as read by the City Clerk, by title only, as follows: % ORDINANCE #2011-03 - AMENDING THE 2008 COMPHREHENSIVE PLAN BY REPLACING TABLE 12-1: LAND USE AND ZONING MATRIX AND MAP 12-1: LAND DEVELOPMENT PLAN REZONING REQUESTS/FIRST READINGS Requests were received to rezone the following properties. Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required. Staff recommended referral to the Planning Commission on Tuesday, February 22, 2011, and that a public hearing be set before City Council for Monday, March 14, 2011, at 7:30 p.m. Proposed Ordinance #2011-04 - Property Located at Grove Street and Railroad Avenue, Owned by College Road Management, Inc., Kent Storage Facilities, LLC, and Loralex Company, LLC A rezoning request for property located at Grove Street and Railroad Avenue, owned by College Road Management, Inc., Kent Storage Facilities, LLC, and Loralex Company, LLC, consisting of four (4) parcels totaling 30.78+/- acres. The property is currently zoned M (Manufacturing) and the proposed zoning is RG-5 (General Residence Zone for Mid-Rise Apartments). The subject property is located north of College Road and east of the railroad corridor and Railroad Avenue. (Tax Parcels: ED05-067.00-02-53.00-000, ED05-067.00-02-54.00-000, ED05-067.00-02-55.00-000, and ED05-067.00-02-56.00-000; Fourth Council District; Planning Reference: Z-11-02). By motion of Mr. Salters, seconded by Mr. Bonar, Council unanimously referred the rezoning request to the Planning Commission on Tuesday, February 22, 2011, and set a public hearing before City Council on Monday, March 14, 2011, at 7:30 p.m.

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CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 16 In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Proposed Ordinance, as read by the City Clerk, by title only, as follows: PROPOSED ORDINANCE #2011-04 - AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT GROVE STREET AND RAILROAD AVENUE. Proposed Ordinance #2011-05 - Property Located at 101-405 Doveview Drive (Doveview Apartments), Owned by CRM Mid-Atlantic, LLC and SunTrust Bank A rezoning request for property located at 101-405 Doveview Drive (Doveview Apartments), owned by CRM Mid-Atlantic, LLC and SunTrust Bank. The property is currently zoned IO (Institutional and Office) and subject to COZ-1 (Corridor Overlay Zone) and the requested zoning is RG-5 (General Residence Zone for Mid-Rise Apartments) and subject to COZ-1 (Corridor Overlay Zone). The property is located on the north side of Forrest Avenue (Route 8) just west of the Saulsbury Road intersection. (Tax Parcel: ED05-076.07-01-30.00-000; First Council District; Planning Reference: Z-11-03). Responding to Mr. Ruane’s concerns regarding the acceptance of an application that is in violation of the “clean hands” ordinance, Mrs. Ann Marie Townshend, Director of Planning and Community Development, stated that the requested rezoning will help to rectify code violations. She stated that staff has advised the applicant of the necessity to ensure that the building is secure and that any opened areas be boarded. Noting that the application was only recently received, she assured members that staff is in the process of reviewing this matter as part of the application review process and it is planned to resolve these concerns prior to final consideration of the rezoning. By motion of Mrs. Williams, seconded by Mr. Salters, Council unanimously referred the rezoning request to the Planning Commission on Tuesday, February 22, 2011 at 7:00 p.m. and set a public hearing before City Council on Monday, March 14, 2011 at 7:30 p.m. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Proposed Ordinance, as read by the City Clerk, by title only, as follows: PROPOSED ORDINANCE #2011-05 - AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 101-405 DOVEVIEW DRIVE COUNCIL MEMBERS ANNOUNCEMENTS Council President Hogan wished Councilman McGiffin a Happy Birthday (Saturday, January 29, 2011). Mr. McGiffin reminded members to mark their calendars for June 25, 2011, for the next African American Festival.

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CITY COUNCIL MEETING OF JANUARY 24, 2011 PAGE 17 Referring to the Route 13 Sewer Interceptor, Mr. DePrima thanked everyone involved, including businesses from which easements were obtained, noting that the project was a success and was completed under budget. By unanimous consent, the meeting adjourned at 8:12 P.M. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of January 24, 2010, are hereby approved. CARLETON E. CAREY, SR. MAYOR /TM/jg S:\AGENDAS & MINUTES\Council-Minutes\2011\01-24-2011 Council.wpd Exhibit Attached to Original Minutes and File Copy Exhibit #1 - Accounting Procedures for Federal Forfeiture Funds dated December 29, 2010

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ACTION FORM PROCEEDING: Council AGENDA ITEM DEPARTMENT OF ORIGIN: Public Services DATE SUBMITTED: January 25, 2011 PREPARED BY: Scott D. Koenig, P.E., Public Services Manager; Ann Marie Townshend, AICP, Director of Planning and Community Development SUBJECT: 106 South New Street, Dover, DE 19901 – Violation of Dangerous Building Ordinance. REFERENCE: Chapter 22 – Buildings and Building Regulations, Article XI – Dangerous Buildings, Sec. 22-388 – Emergency Cases Case #’s: 11-24, 11-10, 11-9, 10-2582 RELATED PROJECT: N/A APPROVALS: City Manager, Controller/Treasurer EXHIBITS: Attachment A – Structural Inspection; PowerPoint Presentation and File Photos to be presented at the Council meeting. EXPENDITURE REQUIRED: Preliminary estimate is $15,000 -20,000. AMOUNT BUDGETED: $50,000 (All demolitions City-wide). This line item is currently over budget. FUNDING SOURCE (Dept./Page in CIP & Budget): 110-1600-534-30-33, page 366 of the 2011 Annual Operating Budget. TIMETABLE: As soon as possible. RECOMMENDED ACTION: 1. Declare this building and any accessory buildings dangerous. 2. Order the property repaired or demolished by Monday, February 21, 2011 by the owner or equity owner at their own risk. 3. Order the Building Inspector to cause the repair or demolition of the structure if not completed by the owner within (10) days of the date set by Council. 4. Order the City Manager with the assistance of the City Solicitor to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner. BACKGROUND AND ANALYSIS This property has been the subject of a number of code violations in recent years. Currently, staff is bringing forward the structure for violation of the Dangerous Building Ordinance in accordance with Chapter 22 – Buildings and Building Regulations, Article XI – Dangerous Buildings, Sec. 22-388 – Emergency Cases. This is considered an “emergency case” due to the receipt of the attached structural inspection of the property by Soctt Engineering, Inc. The house has been used for storage purposes for many years and has accumulated an abundance of various types of furniture, fixtures, and miscellaneous supplies as well as household items. The house support structure is overtaxed by the weight of items being stored. A section of the foundation wall has failed and the structural engineer has determined that it is unsafe to enter the property and remove the stored items in the structures current condition. The House of Pride has indicated they intend to hire a contractor to provide the minimum stabilization necessary to remove the stored items; however, the structure will still be considered dangerous once the minimal effort are completed. In an effort to protect public health, safety and welfare, staff recommends the immediate demolition of the structure to remedy the situation.

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PETITION TO AMEND AND ZONING DISTRICT Public Hearing before the Dover City Council February 14, 2011 Owner: Roadway Express Inc. Applicant/Equitable Owner: F & B Properties Address: 293 Saulsbury Road, Dover Location: Northeast corner of Saulsbury Road and North Street Tax Parcel ID #: ED05-076.11-01-43.00-000 Size: 3.64+/- acres (157,558 S.F.) Present Use: Vacant Building/Trucking Terminal Proposed Use: Bank and Convenience Store with Gas Pumps Comprehensive Plan Designation: Commercial Present Zoning: C-3 (Service Commercial Zone) COZ-1 (Corridor Overlay Zone) Proposed Zoning: C-2A (Limited Central Commercial Zone) COZ-1 (Corridor Overlay Zone) Reason for Request: To allow for the use of a bank and convenience store with gas pumps on the site. Planning Commission Recommendation: Following a public hearing on January 18, 2011, where no members of the public spoke in regards to the application, the Planning Commission voted unanimously (7 in favor, 2 members absent) to recommend in favor of the rezoning application. File Number: Z-11-01

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Z-11-01 Lands of F&B Properties Report to City Council – February 14, 2011 Page 2 This rezoning application consists of one parcel of land, of approximately 3.64 acres, owned by F&B Properties. The property is currently zoned C-3 (Service Commercial Zone), and subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning is C-2A (Limited Central Commercial Zone). The subject area is located on the northeast corner of the intersection of North Street and Saulsbury Road. Tax Parcel: ED05-076.11-01-43.00-000 Existing Property: The subject parcel has previously been used as a trucking terminal. It is currently vacant. During the 2009 Comprehensive Rezoning Project, the parcel was rezoned from IPM (Industrial Park Manufacturing Zone) to C-3 (Service Commercial Zone). Surrounding Land Uses: There are a variety of different zonings and land uses surrounding the subject properties. To the east and north, the property is surrounded by the Simon Circle residential development, which is zoned RG-1 (General Residence Zone). The portion of Simon Circle immediately north of the subject parcel is subject to the COZ-1 (Corridor Overlay Zone). Beyond Simon Circle is the residential development of Lincoln Park, which is zoned RG-1 (General Residence Zone). To the west, across Saulsbury Road, are a number of office buildings that are accessed from Beiser Boulevard. These properties are zoned CPO (Commercial and Professional Office District) and subject to the COZ-1 (Corridor Overlay Zone). The Eden Hill Farm TND Neighborhood Commercial District is located south of the subject property, across North Street. This property is zoned TND (Traditional Neighborhood Design). Kraft/General Foods is located southwest of the subject parcel, across North Street and Saulsbury Road. This property is zoned IPM (Industrial Park Manufacturing). Comprehensive Plan: In the 2008 Comprehensive Plan, the Land Development Plan (Map 12-1 as amended, dated 11/23/2009) recommends that this property be used for Commercial Uses. The requested C-2A zoning is consistent with this category of uses, as is the current C-3 zoning. This property was rezoned from IPM (Industrial Park Manufacturing Zone) to C-3 as a part of the 2009 Comprehensive Rezoning Project. The C-3 classification was applied to ensure that the trucking terminal, which was the use at the time of the 2009 Comprehensive Rezoning Project, would continue to be permitted. Request for C-2A (Limited Central Commercial Zone) Within the C-2A Zone, the following uses are permitted: convenience retail, personal service stores, service establishments, residences (including apartments), banks, offices (governmental, business and professional), theaters, restaurants, hotels, clubs, places of worship, other retail and service establishments. Gasoline filling stations and motor vehicle storage, repair and/or service are prohibited, except that “gasoline pumps shall be permitted as an accessory use, subject to conditional use approval by the planning commission pursuant to article 10, section 1.” The primary difference between the requested C-2A zone and current C-3 zone is that the C-3 zone is a service zone that does not permit the retail uses that are permitted in the C-2A zone. A

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Z-11-01 Lands of F&B Properties Report to City Council – February 14, 2011 Page 3 gas station would be permitted within the C-3 zone; however, the convenience retail use would not be permitted. The C-3 zone also allows for some light manufacturing uses that are not permitted within the C-2A zone. The following is a summary of the bulk standards, as specified in Article 4, Section 4.14. C-2A Minimum required: Lot area Lot width (ft.) 50 Lot depth (ft.) 100 Front yard (ft.) 15 Side yard (ft.) None required, but 10 feet min. if provided 20 above ground floor. At ground floor, 5 ft. Rear yard (ft.) required Side or rear yards which adjoin a 25 residential zone (ft.) Off-street parking Per 300 sq. ft. floor area or 1 Per employee (whichever is 1 greater) Maximum permitted: Building height Stories 6 Feet 60 Floor area ratio 4.0 Recommendation of the Planning Staff and Planning Commission: This request is to rezone land from C-3 (Service Commercial Zone), subject to the COZ-1 (Corridor Overlay Zone) to C-2A (Limited Central Commercial Zone), subject to the COZ-1 (Corridor Overlay Zone). The zoning requested is consistent with the 2008 Comprehensive Plan as amended 2009 and it is compatible with the surrounding land uses and zoning classifications. For this reason, staff supports the rezoning request. Additionally, the uses permitted within the C-2A zone are more consistent with the adjacent residential use than the uses permitted in the C-3 zone. If developed under either zoning classification, staff and the Planning Commission will need to ensure that the

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Z-11-01 Lands of F&B Properties Report to City Council – February 14, 2011 Page 4 appropriate measures are in place on an approved site development plan to buffer the commercial use from the adjacent residential use. Staff recommendation was made prior to a public hearing on the application. Following a public hearing before the Planning Commission on January 18, 2011, where no members of the public spoke in regards to the application, the Planning Commission voted unanimously (7 in favor, 2 members absent) to recommend to City Council that the rezoning request be approved. An excerpt from the draft minutes from the Planning Commission deliberation on the application is provided below. Z-11-01 Lands of F&B Properties at 293 South Saulsbury Road - Public Hearing and Recommendation to City Council on rezoning application for one parcel of land consisting of a total of 3.64 acres ±. The property is currently zoned C-3 (Service Commercial Zone) and COZ- 1 (Corridor Overlay Zone). The proposed zoning is C-2A (Limited Central Commercial Zone) and COZ-1 (Corridor Overlay Zone). The subject property is located on the northeast corner of Saulsbury Road and West North Street. The owner of record is Roadway Express, Inc. and the equitable owner is F&B Properties. Property Address: 293 South Saulsbury Road. Tax Parcel: ED-05-076.11-01-43.00-000. Council District 4. Representative: Mr. John Paradee, Prickett, Jones & Elliott; Mr. Jeff Bross, Duffield Associates; and Mr. John Fellows, Duffield Associates. Mrs. Townshend provided an overview of the application. Mr. Paradee stated that his only comments would be that this application is in fact consistent with the Comprehensive Plan and is consistent with the neighborhood and Staff has recommended approval so we would ask for favorable consideration. Mr. Bross stated that they are seeking a C-2A zoning classification to permit the retail uses associated with a full service gasoline operation. The developers have a letter of intent from Royal Farms and have clearly shown this as a use on the site. They are consistent with the 2008 Comprehensive Plan and also consistent with the DAC comments that were received as part of this application. They will be returning for a Conditional Use approval to permit the pumping of gasoline. Mr. Bross stated that the concept plan before you (Presentation Board displayed at meeting) shows the Royal Farms site with the gas islands as well as a proposed bank. Their hope will be to attract a bank to this site; however, at the moment, we have no firm commitment for a bank. If rezoned and developed, the plan will conform to the Corridor Overlay Zone along Saulsbury Road. He would note that their engineers are working collaboratively with DelDOT as part of the West Dover Connector and improvements that they will be making as part of the site redevelopment that will be consistent with the plans that DelDOT has for this intersection and the corridor. Mr. Bross further stated that he would note that the DAC comments recommend having a scoping meeting with DelDOT. That meeting was held over a month ago and we are well underway in our discussions and coordination with DelDOT.

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Z-11-01 Lands of F&B Properties Report to City Council – February 14, 2011 Page 5 Mr. Bross further stated that they have been in contact with the Dover Housing Authority and DelDOT had suggested in some of our earlier discussions that we look at closing one of the three (3) entrances into the Dover Housing Authority’s project. There are two (2) entrances further to the east on North Street and this would allow for construction of a deceleration lane as part of the overall intersection improvements on North Street as part of the West Dover Connector. The Dover Housing Authority is supportive of that closure and is consistent with DelDOT’s wishes. We feel that it will go a long way toward improving traffic flow at this intersection even before the connector is constructed. Mr. Bross further stated that the developer is very committed to making this a pedestrian friendly development site and have been working with the Dover Housing Authority to find the best location for sidewalk connections to that project. We anticipate that the people who live in this community will make great use of both the convenience store, gas pumping, and any other service retail that is placed on the site. The developers are committed to placing sidewalks on the site for connection. Mr. Friedman stated that they are asking for a rezoning and are giving us way more information then what would normally be provided and because of that you are getting more information than you would normally receive. Please realize that what has been stated is now a part of the record and needless to say there will be a Traffic Impact Study necessary and all of these things will be requirements if and when you are allowed to move forward with the rezoning. Responding to Mr. Friedman, Mr. Bross stated that they understand and would comply with the DAC comments of record. Mr. Friedman questioned if we allow a developer to move forward prior to a Traffic Impact Study being in place? Responding to Mr. Friedman, Mrs. Townshend stated that we would allow the rezoning to move forward; however, would not issue final plan approval. This would be required prior to the Site Plan coming forward to the Commission. Mr. Bross stated that they are in discussions with DelDOT already regarding the Traffic Impact Study. We have a decision to make regarding whether we will allow DelDOT to do it or if we do it with our own resources. We will be moving forward with that very shortly as they do take awhile to move forward. Mr. Friedman stated that we would want the corner to look very nice and would want to see green grass and brown stone that is not mowed because it is part of a major development going on in the City of Dover to the west and is very important that it be continuous for continuity. Responding to Mr. Friedman, Mr. Fellows stated that they have worked with these developers for some time and they are nothing if not, pardon me, anal about having nice looking sites and he would expect the same for this site. We hope that the final plans that you see are even greener. Mr. Hemmig opened a public hearing and after seeing no one wishing to speak closed the public hearing. Mr. Ambruso moved to forward recommendation of approval to City Council for Z-11-01 Lands of F&B Properties located at 293 South Saulsbury Road rezoning it from C-3 (Service Commercial Zone) subject to the COZ-1 (Corridor Overlay Zone) to C-2A and Corridor Overlay Zone, seconded by Mr. Nichols and the motion was unanimously carried 7-0 with Colonel Welsh and Mr. Holt absent.

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Z-11-01 Lands of F&B Properties Report to City Council – February 14, 2011 Page 6 Mr. Shomo moved to adjourn to Executive Session to talk about some legal matters, seconded by Mr. Ambruso and the motion was unanimously carried 7-0 with Colonel Welsh and Mr. Holt absent.

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CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: DECEMBER 30, 2010 APPLICATION: Lands of F & B Properties 293 South Salisbury Road FILE #: Z-11-01 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 parcels ED05-076.11-01-43.00-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER 1. None. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. None. 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 service 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 .

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CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: January 6, 2011 T =============================================================== APPLICATION: Lands of F&B Properties at 293 South Saulsbury Road FILE#: Z-11-01 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: The department has no comment for the proposed rezoning. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: A traffic impact study (TIS) will be required to be performed by the developer for this project. When the study is completed, DelDOT will review it and send recommendations for improvements to the city. The improvements contain in the study shall be implemented by the developer per DelDOT's discretion. Please, contact Mr. Troy Brestel at (302) 760-2167 or e-mail: Troy.Brestel@state.de.us to set up a scoping meeting for this project. According to Kent County Classification Maps, KCR 156 (Saulsbury Road) is classified as a minor arterial, which requires an 80-foot wide right of way (40-feet from the centerline). The department will require a Right-Of-Way dedication to public use. According to Kent County Classification Maps, KCR 73 (North Street) is classified as a major collector road, which requires an 80-foot wide right of way (40-feet from the centerline). The department will require a Right-Of-Way dedication to public use. The department will require the applicant to provide proper forms, fees, and plans in order to be issued an entrance permit. 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.

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CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY DEVELOPER APPLICATION MEETING DATE: JANUARY 2011 APPLICATION: Lands of F&B Properties FILE #: Z-11-01 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 of the site 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.

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City of Dover Application No.: Z-11-01 Department of Planning & Inspections IO FOREST STREET AD C-3 FORREST AVENUE HARTLY RO CPO C- C- E Y ROA GIBBS DRIV 2A 1 RG-1 SAULSBUR RG-1 BERTRAND DRIVE RG-1 ET LINCOLN STRE E ET CHERRY STRE SC-2 R-8 CHERRY DRIV R- RG- C-3 REECE STREET C- CPO RG-1 R- 8 1 D 2A 8 R-8 RG-1 PAUL STREET IO RG-1 RG-1 RG-1 RG-1 ET TRE RG-1 IRM A S E T HAYES DR IV REE TER ST UGH SLA RG-1 RG-1 SIMO RG-1 LE C I RC Site N T T R EE REE IPM C-3 H ST J ST CPO E T RE H ST RT NO TND IPM Plan Title: F & B Properties Location: 293 Saulsbury Road Plan Type: Rezoning Legend Tax Parcel: ED-05-076.11-01-43.00-000 Current Zoning: C-3, COZ-1 Dover Parcels Propsoed Zoning: C-2A, COZ-1 Zoning Land Use: Commercial Owner: Roadway Express, Inc. Corridor Overlay Zone EquitableOwner: F & B Properties Date: 12-6-10 0 300 600 1,200 Feet «

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FINAL READING CITY OF DOVER PROPOSED ORDINANCE #2010-31 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 293 SAULSBURY ROAD 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 C-3 (Service Commercial Zone) and subject to COZ-1 (Corridor 8 Overlay Zone) to C-2A (Limited Central Commercial Zone) and subject to COZ-1 (Corridor Overlay 9 Zone). 10 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF 11 DOVER, IN COUNCIL MET: 12 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning 13 Ordinance of the City of Dover have been amended by changing the zoning designation from 14 C-3 (Service Commercial Zone) and subject to COZ-1 (Corridor Overlay Zone) to C-2A 15 (Limited Central Commercial Zone) and subject to COZ-1 (Corridor Overlay Zone) on that 16 property located at 293 Saulsbury Road (on the northeast corner of the intersection of 17 Saulsbury Road and North Street), consisting of 3.64+/- acres (157,558 sq. ft.), owned by 18 F & B Properties. 19 (Tax Parcel: ED05-076.11-01-43.00-000; Planning Reference Z-11-01) 20 21 ADOPTED: * 22 S:\PACKETS\2011\Council\02-14-2011\3. Public Hearing-Final Reading - Rezoning - Ordinance #2010-31 - Rezoning-293 Saulsbury Road-Final Rdg.wpd 23 Actions History 24 February 14, 2011 - Proposed Public Hearing/Final Reading - Council 25 January 18, 2011 - Review - Planning Commission 26 December 13, 2010 - First Reading - Council

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UTILITY COMMITTEE The Utility Committee Meeting was held on January 24, 2011 at 4:30 p.m. with Chairman Ruane presiding. Members present were Mr. Bonar, Mr. McGiffin, Major Kosior, and Mr. Snaman. Members of Council present were Council President Hogan and Mr. Leary. Mayor Carey (arrived at 4:39 p.m.) was also present. AGENDA ADDITIONS/DELETIONS By unanimous consent, the agenda was approved, as presented. Request for Alley Abandonment (Improved) - Adjacent to 514 Loockerman Street and 222 S. DuPont Highway - HUB Associates, LLC and A & G Kramedas Associates Members reviewed a request received from HUB Associates, LLC and A & G Kramedas Associates for abandonment of an improved alley adjacent to 514 Loockerman Street and 222 S. DuPont Highway. Mr. Scott Koenig, Public Services Manager/Director of Public Works, advised members that the applicants requested the City to abandon a segment of an alley approximately 220 feet in length that runs parallel to Loockerman Street, east of Bayard Avenue. He stated that the request is a precursor to redevelopment of the property, which is owned by HUB Associates, LLC and A & G Kramedas Associates. Mr. Koenig stated that the subject property consists of a 15-foot wide alley, bounded on the south by lands owned by A & G Kramedas Associates and bounded on the north by three parcels, two (2) of which are owned by HUB Associates, LLC and one owned by Thelma F. Johnson. He indicated that the alley is partially improved with paving that serves as the fire lane for the hotel on the property, which is owned by A & G Kramedas Associates. Mr. Koenig noted that a map depicting the alley was provided to members. He stated that the Planning Commission reviewed the alley abandonment request on December 20, 2010 and recommended its approval, provided that all necessary easements related to City utilities are in place. Responding to Mr. Ruane, Mr. Koenig indicated that the City Clerk’s Office would notify all adjacent property owners prior to the required public hearing before City Council. Mrs. Ann Marie Townshend, Director of Planning and Community Development, explained that the procedure for notification of adjacent property owners is in accordance with Appendix B - Article 10, Section 5 of the Dover Code; however, she stated that she and Mrs. Traci McDowell, City Clerk, recommended that the City’s procedure be improved and incorporated into the City Code. As suggested by Mr. Ruane, it was the consensus of members that staff should take administrative measures to notify adjacent property owners of such requests in the future until a procedure is codified. Ms. Thelma Johnson, 512 E. Loockerman Street (adjacent property owner), indicated that her back yard is adjacent to the Comfort Inn. She stated her interest in the plans for the alley and how these plans would affect the property line.

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UTILITY COMMITTEE MEETING OF JANUARY 24, 2011 PAGE 2 Responding to Mr. Ruane, Mr. Koenig stated that if the Committee recommends approval of the abandonment and Council approves the Committee’s recommendation, a public hearing will be set before City Council, at which time adjacent property owners will be notified. If 220 feet of the alley is abandoned, he stated that the current procedure requires the alley to be split equally between each adjacent property; however, each property owner would be required to amend their deed to reflect ownership of a portion of the alley and deeds would have to be recorded. Mr. Koenig stated his understanding that, if the abandonment is successful, the applicant wishes to re-form their property lines, re-create a deed, assemble a number of properties, and re-record this subdivision of the properties of HUB Associates, LLC and A & G Kramedas Associates for a future land development application. He stated that, at this point, staff is not aware of a final application being presented to the City for consideration, although a draft land development application has been received. Reminding members that there are setback requirements based on the zoning classification of the property, Mr. Koenig noted that, if abandoned, the north property line has the potential to move 7½ feet closer to Ms. Johnson, and she would have the potential to move her southern property line 7½ feet to the HUB Associates, LLC property. Ms. Johnson stated that Mr. Kramedas indicated to her a desire to build stores at this location. She questioned how close these establishments would be to her property line and, being a senior citizen, relayed concerns regarding visitors loitering in front of the stores near her property. Ms. Johnson advised members that she has had no problems with the Comfort Inn as a neighbor during the last 14 years. She requested an assurance of peace and safety and, if the applicants build, that they be required to construct a fence at least six (6) feet in height. In response to Mr. Bonar, Mrs. Townshend stated that conditions, such as the erection of a fence, would not be necessary at this time unless members chose to include this requirement. She noted that if the applicants submit a Site Plan in the future, the Site Plan would be presented to the Planning Commission and there would be public notice of this meeting. Mrs. Townshend stated that the Zoning Ordinance requires buffering between residential and non-residential uses; therefore, the applicants would be required to erect an opaque, six (6) foot fence and landscaping on the residential side of the fence, unless the Planning Commission waives this requirement. Mrs. Townshend assured members that staff would notify the Planning Commission that the adjacent property owner desires a fence and Ms. Johnson would have the opportunity to speak before the Planning Commission. She noted that many residential property owners have concerns related to being situated adjacent to commercial properties; however, she explained that these locations often improve when the property is redeveloped since redevelopment must conform to current standards. Responding to Mr. Bonar, Mr. Koenig stated the cost to property owners to re-record deeds is estimated to be $125 per property. Ms. Johnson advised members that she does not object to the abandonment request. Mr. Garth Jones, Becker Morgan Group, representing Mr. Tom Kramedas, advised members that it is planned to redevelop the site by demolishing two (2) hotel buildings and building a new hotel with a retail component on the property; therefore, the setbacks are important as they relate to the

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UTILITY COMMITTEE MEETING OF JANUARY 24, 2011 PAGE 3 reconfiguration of the property for construction. He advised members that Becker Morgan Group has been working with Mr. Kramedas since 2005 on a development plan and noted the importance of the additional 7½ feet to the development application. Although the abandonment would move the property lines 7½ feet closer to Mrs. Johnson’s residential property, Mr. Jones stated his understanding that the building setback requirement for zoning is 30 feet for both the rear and side yards. He stated that the retail component would not be located behind Ms. Johnson’s property, since that area would not be visible from the street. Mr. McGiffin moved to recommend approval of the request for abandonment of the improved alley located adjacent to 514 Loockerman Street and 222 S. DuPont Highway, as recommended by the Planning Commission, with the condition that the City retain all necessary easements related to City utilities. The motion was seconded by Mr. Bonar and unanimously carried. (City Clerk’s Note: In accordance with the City’s Procedure for Alley Abandonments, Resolution No. 2011-02 setting the Public Hearing (Attachment #1) will be presented to Council for consideration for adoption.) Proposed Ordinance #2011-01 - Amendment to Appendix B - Zoning, Article 5 - Supplementary Regulations, (New) Section 20 - Solar and Small Wind Energy Systems (Deferred by Committee on 01/10/2011) During their meeting of January 10, 2011, members considered Proposed Ordinance #2011-01 - Amendment to Appendix B - Zoning, Article 5 - Supplementary Regulations, (New) Section 20 - Solar and Small Wind Energy Systems. The proposed ordinance would add solar energy systems and small wind energy systems as accessory uses within all zoning districts; set standards for these systems to ensure protection of the character of the zones, as well as for public health, safety and welfare; and add definitions for such systems to the Zoning Ordinance. After much discussion, members deferred action until the next Committee meeting to allow time for staff to address the concerns relayed. Referring to the proposed ordinance provided to members, Mrs. Ann Marie Townshend, Director of Planning and Community Development, reminded members that the red text reflects the revised version provided to members at the previous meeting and that the blue text was added to address concerns relayed at that time. Mr. Phil McGinnis, McGinnis Commercial Real Estate Company, 555 E. Loockerman Street, indicated support for the proposed ordinance, including the additional amendments, as presented. Mr. John Paradee, Prickett, Jones, and Elliott, 11 North State Street, thanked members of the Committee and City staff for making the changes suggested during the previous Committee meeting. He indicated full accord and agreement with the proposed ordinance, as presented, and requested the Committee’s support. Council President Hogan relayed concern regarding the phrase “visually screened,” which appears several times in the proposed ordinance. Recalling a previous situation, he questioned the definition of this term and felt that the City should be clear in this regard. Responding, Mrs. Townshend referred to the definition provided in Lines 17 and 18 and suggested that the ordinance be amended

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UTILITY COMMITTEE MEETING OF JANUARY 24, 2011 PAGE 4 to incorporate this language in other areas within the ordinance that include the term “visually screened.” Members of the Committee, Mr. McGinnis, and Mr. Paradee relayed no objections to the additional amendments. Mr. Bonar moved to recommend adoption of Proposed Ordinance #2011-01, as amended (Attachment #2). The motion was seconded by Mr. McGiffin and unanimously carried. Annual Engineering Consultant’s Report on the Operation and Maintenance of the Electric System - Fiscal Year 2010 (Deferred by Committee on 1/10/2011) Members were provided the Annual Engineering Consultant’s Report on the Operation and Maintenance of the Electric System for Fiscal Year 2010. Mrs. Donna Mitchell, Controller/Treasurer, reviewed highlights of the Report with members, including Conclusions of the Executive Summary (Page ES-6). Mr. Bonar moved to recommend acceptance of the Annual Engineering Consultant’s Report on the Operation and Maintenance of the Electric System for Fiscal Year 2010. The motion was seconded by Mr. McGiffin and unanimously carried. Annualized Comparison of Utility Rates (Deferred by Committee on 1/10/2011) Mr. Anthony DePrima, City Manager, reviewed the Residential Rate Comparison Annualized at 1,000 kWh Per Month as of November 23, 2010. He advised members that the information is produced by the Delaware Municipal Electric Corporation (DEMEC) on a monthly basis. Mr. McGiffin moved for acceptance of the Residential Rate Comparison Annualized at 1,000 kWh Per Month as of November 23, 2010, as presented. The motion was seconded by Mr. Bonar and unanimously carried. Development Projects - Performance and Maintenance Bonding Concerns During their meeting of January 10, 2011, members were advised that, as part of a shared performance goal, the City Manager, the Public Services Manager, and the Director of Planning and Community Development conducted a series of four (4) internal meetings to brainstorm various ideas to address concerns raised about performance and maintenance bonding in subdivisions, site plan compliance, ensuring the functionality of homeowners’ associations (HOAs), and other development project issues. As a result of these meetings, which were held in October, November, and December of 2010, he stated that eight (8) specific issues/concerns were identified. Members requested that staff provide the list of Development Projects to members for their review and prioritization to be considered by the Committee during their next meeting. Mr. Scott Koenig, Public Services Manager/Director of Public works, advised members that he, Mr. Ruane, Mr. McGiffin, Mrs. Townshend, and Mr. DePrima ranked the projects and written comments were submitted by Major Kosior. He stated that the highest-ranked projects are as follows: 1) Problem #2 - Some projects are partially built and the construction or the site work has been abandoned.

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UTILITY COMMITTEE MEETING OF JANUARY 24, 2011 PAGE 5 2) Problem #5 - Nuisance issues such as maintenance of buildable lots with homes, partially complete homes, partially complete subdivisions, roll-off trash containers for construction debris, soil stockpiles, and material storage areas are degrading the overall quality of various subdivisions (in both dedicated and undedicated subdivisions). 3) Problem #4 - Stormwater / Passive Open Space – Not Being Maintained. Mr. Koenig stated that these three (3) problems ranked significantly higher than the others, based on the feedback received. Staff recommended that a timeline be developed to begin resolving the three (3) highest-ranked problems and that recommendations be developed in the form of proposed ordinances or procedural amendments to be presented to the Committee for review. Responding to Mr. Ruane, Mr. Koenig advised members that administrative action is being taken on all problems and assured members that the goal is to resolve them. With regards to snow removal (Problem #7) at Nottingham Meadows, Mr. Koenig stated that the bank has hired a contractor to oversee both the “punch list items” and snow removal for this season at Nottingham Meadows. He stated that the developers or the banks are hiring contractors for removal of snow in other abandoned areas; therefore, he assured members that, to his knowledge, all undedicated developments have some method of snow removal in place during the current winter season. At the request of Mr. Ruane, Mr. Koenig read the comments submitted by Major Kosior in response to Mr. Koenig’s memorandum of January 3, 2011, Subject: Development Projects - Performance and Maintenance Bonding Concerns (Attachment #3 - Major Kosior’s comments are depicted in red font). Council President Hogan stated that he had prepared a ranking, apologized for not submitting it to staff, and noted that he also ranked Problem #2 as the top priority. Mr. McGiffin moved to recommend acceptance of the designation of Problems #2, #5, and #4 as the highest-ranked concerns related to Development Projects - Performance and Maintenance Bonding, with the expectation that a timeline would be developed to begin resolving these problems, as recommended by staff. The motion was seconded by Mr. Snaman and unanimously carried. Review of Utility Related Capital Investment Plan (CIP) (Electric and Water/Wastewater) (November) (Deferred by Committee on 1/10/2011) Members were provided Project Tracking Reports, as of November 30, 2010, for the Utility (Electric and Water/Wastewater) Related Capital Investment Plan (CIP). Mr. Anthony DePrima, City Manager, advised members that the City has received permits from the Delaware Department of Transportation (DelDOT) to begin work in the Route 13 area. He noted that because the project involves Route 13, it will create significant problems; however, he assured members that actions will be taken to minimize the problems, such as conducting work during evening hours.

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UTILITY COMMITTEE MEETING OF JANUARY 24, 2011 PAGE 6 Responding to Mr. Ruane regarding the Bayard Avenue Project, Mr. Ron Lunt, Public Utilities Director, indicated that there has been no change on this project. He advised members that soil sampling at the location resulted in the discovery of contamination, which is currently being resolved with the Department of Natural Resources and Environmental Control (DNREC). He assured members that when the project begins, notification will be sent to the neighbors and that standard practice requires members of Council to be included in this notification. Although not included on the CIP Report, Mr. Ruane requested that staff provide members with an update on the Garrison Tract. Mr. DePrima stated that the January 23, 2011 edition of the Delaware State News featured an article about the progress of the Garrison Tract. He noted that construction of the parking lot is underway and that the opening of the power plant, including the operation and generation of power supply, was anticipated by July 2011. Mr. Bonar moved to recommend acceptance of the Utility Related Capital Investment Plan (CIP) Reports for November 2010, seconded by Mr. McGiffin and unanimously carried. PACE/NAES Monthly Report (November 2010) The PACE/NAES Monthly Report for November 2010 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. Major Kosior moved to recommend acceptance of the PACE/NAES Monthly Report for November 2010, seconded by Mr. Snaman and unanimously carried. By unanimous consent, the meeting adjourned at 5:29 p.m. Respectfully submitted, Eugene B. Ruane Chairman EBR/TM/jg/js/ac/dd S:\AGENDAS & MINUTES\Committee-Minutes\2011\01-24-2011 UTILITY.wpd Attachments Attachment #1 - Proposed Resolution No. 2011-02 Setting a Public Hearing for Alley Abandonment - Adjacent to 514 Loockerman Street and 222 S. DuPont Highway Attachment #2 - Revised Proposed Ordinance #2011-01 - Amendment to Appendix B - Zoning, Article 5 - Supplementary Regulations, (New) Section 20 - Solar and Small Wind Energy Systems, as Amended Attachment #3 - Comments Submitted by Major Kosior in Response to Mr. Scott Koenig’s M emorandum of January 3, 2011, Subject: Development Projects - Performance and Maintenance Bonding Concerns

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ATTACHMENT #1 Utility Committee Meeting of 01/24/2011 City of Dover MAYOR AND COUNCIL 1 DRAFT PROPOSED COUNCIL RESOLUTION NO. 2011-02 2 A RESOLUTION PROPOSING THE VACATING AND ABANDONMENT OF A CERTAIN 3 ALLEY SITUATED IN THE CITY OF DOVER. 4 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 5 MET: 6 Section 1. The Council of the City of Dover favors the vacating and abandoning of the following alley: 7 Being all that certain piece or parcel of land situated in the City of Dover, Kent County, 8 State of Delaware, being an improved public alley running east to west, lying on the 9 southerly side of and running parallel to East Loockerman Street, said portion of alley 10 beginning at a point identified as the southeast corner of 516 East Loockerman Street, parcel 11 #ED-05-077.06-01-63.00; thence running west toward Bayard Avenue, South 57 degrees 12 11 minutes 46 seconds West 213.78 feet along the northwest line of said 15’ wide alley but 13 stopping at the southwest corner of 512 East Loockerman Street, parcel #ED-05-077.06-01- 14 65.00; thence running perpendicular across said 15’ wide alley to a point in the southwest 15 line of a 15’ wide alley; thence running North 57 degrees 11 minutes 46 seconds East 16 213.78 feet along the southwest line of said 15’ wide alley to a point at the corner of parcel 17 #ED-05-077.06-01-87.00; thence running 15 feet along the eastern boundary of said 15’ wide 18 alley to the point and place of beginning and containing 3,206.70 square feet (0.0736 acres) 19 of land, be the same more or less. 20 Section 2. The Council of the City of Dover will sit on Monday, February 28, 2011, at 7:30 p.m., in the 21 Council Chambers at City Hall, Dover, Delaware, to hear the objections of such residents of the City or 22 owners of the property affected as shall attend, in accordance with the provisions of Section 27 of the 23 Charter of the City of Dover (Chapter 158, Volume 36, Laws of Delaware). 24 Section 3. The Clerk of Council is hereby directed to post copies of this Resolution in five (5) or more 25 public places in the City of Dover. 26 ADOPTED: * 27 S:\RESOLUTIONS & PROCLAMATIONS\2011\DRAFT\Res. No. 2011-02 - Setting Public Hearing - Alley Abandonment - Adjacent to 514 E Loockerman St and 222 S DuPont Hwy.wpd 28 29 CARLETON E. CAREY, SR. KENNETH L. HOGAN 30 MAYOR COUNCIL PRESIDENT 31 Actions History: 32 February 14, 2011 - Introduced at City Council P.O. Box 475 ˜ Dover, Delaware ˜19903 Community Excellence Through Quality Service

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514 East Loockerman Street Alley Proposed Alley Abandonment !Ò§ !Ò§ S Du p !Ò§ §Ò on ! tH wy St an m k er !Ò§ oc !Ò§ Lo E !Ò§ !Ò§ . ! !Ò§ × !Ò§ . ! §Ò ! !Ò§ . ! !Ò§ !Ò§ !§Ò ! Ò§ rd !Ò§ ya !Ò§ Ba Ave !Ò§ !Ò§ !Ò§ !Ò§ 0 !Ò§ 65 130 260 Feet × ¯ Legend Date Printed: November 23, 2010 Date Created: November 23, 2010 !Ò§ Overhead Electric Pole ! . × Hydrants Manholes File: m:\gis_data\projects/tech_mxds Underground Electric Lines Sewer Line \st_abandonment_map Overhead Electric Lines Right of Way to be Abandoned Department: Public Services GIS Water Main Dover Parcels City of Dover, Delaware Hydrant Line

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ATTACHMENT #2 Utility Committee Meeting of 01/24/2011 CITY OF DOVER ORDINANCE #2011-01 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Appendix B - Zoning, Article 5 – Supplementary Regulations be amended by adding a new 5 section 20 as follows: 6 Section 20. Solar and small wind energy systems. 7 Solar energy systems and small wind energy systems shall be permitted as accessory uses within 8 all zones subject to the following requirements: 9 20.1 Residential Zones. 10 11 20.11 Solar energy systems shall be subject to the following: 12 13 (a) Ground-mounted solar energy systems shall be permitted only in the rear yard. 14 15 (b) Ground-mounted solar energy systems shall be set back a minimum of five feet from 16 side and rear property lines, or the height of the tallest point on the system, whichever 17 is greater. 18 19 (c) Ground-mounted solar energy systems shall not exceed 15 feet in height. 20 21 (d) Ground-mounted solar energy systems shall be visually screened from adjacent 22 properties to a height of six feet by either an opaque fence or a dense vegetative 23 screen. 24 25 (e) All exterior electrical and/or plumbing lines must be buried below the surface of the 26 ground and placed in a conduit. 27 28 (f) Roof-mounted solar energy systems must comply with all building height 29 requirements for the zoning district where the system is to be installed. 30 20.12 Small wind energy systems in residential zones shall be subject to the following 31 restrictions: 32 (a) Small wind energy systems shall be set back 1.0 times the turbine height from 33 adjoining property lines. Turbine height means the height of the tower plus the length 34 of one blade. 35

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36 (b) The aggregate noise or audible sound of a small wind energy system shall not exceed 37 five decibels above the existing average noise level of the surrounding area and shall 38 be restricted to a maximum of 60 decibels measured at any location along the 39 property line of the parcel where the wind system is located. 40 41 (c) Small wind energy systems shall be free from signage, advertising, flags, streamers, 42 decorative items, or any item not related to the operation of the wind turbine. Electric 43 wiring for the turbines shall be placed underground for non-building integrated 44 systems. 45 46 (d) Small wind energy systems shall not be permitted within the H (Historic District) 47 Zone. 48 49 (e) Any small wind energy system shall be visually screened to a height of six feet by 50 either an opaque fence or a dense vegetative screen from any properties or structures 51 included on the National Register of Historic Places. 52 53 20.2 Non-Residential Zones. 54 20.21 Solar energy systems shall be subject to the following: 55 56 (a) For the purposes of this subsection, a use is considered accessory if it is located 57 within a complex or campus that includes one or more contiguous lots under common 58 ownership and management, where the principal use of the complex or campus is 59 other than a solar energy system, and the energy generated by the solar energy system 60 is intended to primarily reduce on-site consumption of utility-supplied energy. 61 62 (b) Ground-mounted solar energy systems shall not occupy more than 30 percent of the 63 lot area of the complex or campus for which the solar energy system is proposed. 64 65 (c) If ground-mounted solar energy systems are proposed to occupy more than 30 percent 66 of the lot area of the complex or campus, their placement shall be subject to 67 conditional use approval by the Planning Commission. 68 69 (d) Ground-mounted solar energy systems shall not be located between the principal 70 structure and the street upon which the principal structure fronts. 71 72 (e) All exterior electrical and/or plumbing lines must be buried below the surface of the 73 ground and placed in a conduit. 74 75 (f) Solar energy systems, whether roof-mounted or ground-mounted, must comply with 76 all building setback and height requirements for the zoning district where the system 77 is to be installed. 78

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79 20.22 Small wind energy systems shall be subject to the following restrictions: 80 (a) Small wind energy shall be set back 1.0 times the turbine height from adjoining 81 property lines. Turbine height means the height of the tower plus the length of one 82 blade. 83 84 (b) The aggregate noise or audible sound of a wind system shall not exceed five decibels 85 above the existing average noise level of the surrounding area and shall be restricted 86 to a maximum of 60 decibels measured at any location along the property line to the 87 parcel where the small wind energy system is located. 88 89 (c) Small wind energy systems shall be free from signage, advertising, flags, streamers, 90 decorative items, or any item not related to the operation of the wind turbine. Electric 91 wiring for the turbines shall be placed underground for non-building integrated 92 systems. 93 94 (d) Small wind energy systems shall not be permitted within the H (Historic District) 95 Zone. 96 97 (e) Any small wind energy system shall be visually screened to a height of six feet by 98 either an opaque fence or a dense vegetative screen from any properties or structures 99 included on the National Register of Historic Places. 100 101 20.3 Decommissioning. 102 103 Solar energy systems and/or small wind energy systems must be maintained and kept in a state 104 suitable for immediate operation. When it can be demonstrated that a solar energy system or 105 small wind energy system, as approved in accordance with this section, is in a state of disrepair 106 and is not suitable for immediate operation, that system shall be removed and the accessory use 107 terminated. 108 109 BE IT FURTHER ORDAINED: 110 111 That Appendix B – Zoning, Article 12 – Definitions, be amended to add the following 112 definitions: 113 114 Solar energy system. Any solar collector or other solar energy device, or any structural design 115 feature, mounted on a building or on the ground, and whose primary purpose is to provide for the 116 collection, storage, and distribution of solar energy for space heating or cooling, for water 117 heating, or for electricity. 118 119 Small wind energy system. A wind energy conversion system consisting of a wind turbine, a 120 tower, and associated control or conversion electronics which is intended to primarily reduce 121 on-site consumption of utility-supplied energy. 122

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123 SYNOPSIS 124 The proposed ordinance adds solar energy systems and small wind energy 125 systems as accessory uses within all zoning districts; sets standards for these 126 systems to ensure protection of the character of the zones, as well as public 127 health, safety and welfare; and adds definitions for such systems to the Zoning 128 Ordinance. 129 130 Actions History: 131 January 24, 2011 – Proposed First Reading - Council 132 January 10, 2011 – Introduced at Utility Committee and referred back to staff for changes.

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ATTACHMENT #3 Utility Committee Meeting of 01/24/2011 Memorandum Public Services Manager P. O. Box 475 City Hall/ The Plaza Dover, Delaware 19903-0475 Phone: (302) 736-7026 Fax: (302) 736-7177 E-mail: skoenig@dover.de.us TO: Utility Committee Members City Council Members FROM: Scott D. Koenig, P.E., Public Services Manager Anthony J. DePrima, AICP, ICMA-CM, City Manager Ann Marie Townshend, AICP, Director of Planning & Community Development DATE: January 3, 2011 SUBJECT: Development Projects – Performance & Maintenance Bonding Concerns As part of a shared performance goal, the City Manager, the Public Services Manager and the Director of Planning & Community Development conducted a series of four (4) internal meetings to brainstorm various ideas regarding concerns raised about Performance & Maintenance Bonding in subdivisions, site plan compliance, ensuring the functionality of homeowners associations (HOAs), and other development project problems. These meetings were held in October, November and December of 2010. Eight (8) specific problems/concerns were identified. Each problem is listed below along with one or more suggestions to improve the area of concern. Problem #1 – Active Recreation Areas in some Subdivisions / Site Plans (Apartments) are not being completed in proportion to the lots constructed. Article 5, Section 10.6 of the Zoning Ordinance is weak and difficult to enforce. It is difficult to build the recreation areas in proportion to the lots / building permits, as specified by code; therefore, an alternative solution must be developed. Possible Solutions: 1. Require specific phasing plan for the Active Recreation Plan. 2. Require a Performance Bond / Letter Of Credit (LOC) equal to 150% of the value (or add the active recreation improvements to current infrastructure LOC). LOC is preferred over a bond as the LOC creates more leverage. What’s the possibility of having the developer build the Active Recreation Area during Ph 1? Note: A Code amendment is required to accomplish this.

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Problem #2 – Some projects are partially built and the construction or the site work has been abandoned. (Examples: Enterprise Business Park, Tall Pines, Dove View) Possible Solutions: 1. Fund a Demolition Reserve that can be sustained with monies collected from liens and be used to demolish or safely seal construction. 2. Amend Tall Grass & Weed Ordinance (Chapter 114, Article II) to allow the City to regrade or restore the property and place a lien against the property to collect the costs. 3. Amend state law for Demolition Liens to allow for the City to recover costs through sheriff’s sale. 4. A Dangerous Building (DB) declaration accelerates tax sale (for delinquent taxes). This is an administrative action that is already in place. Is there a way to have the builders set up a Demolition Escrow Account? This way, if the builder defaults, the city already has funding to pay for demolition. If the builder completes, then the builder gets money back. Problem #3 – Failure of HOA to take over initial responsibilities or HOA does not form or stay formed and therefore fails to function. Common Areas are not maintained. (Example: Four Seasons) Possible Solutions: 1. Amend assessment section of the code to allow city to bill and lien individual property owners for the common areas that the City is forced to maintain. A formula would need to be developed that would equally distribute cost among homeowners. Perhaps a ratio of total square footage of common area to square footage of homeowners property multiplied by a standard maintenance cost. 2. Amend subdivision ordinance to require an escrow start up account so HOA is capitalized from the beginning. 3. Buyers somehow are notified and certify / acknowledge that they are required to be part of the HOA and that there are maintenance responsibilities for which the HOA is responsible. Possible venues could include requiring that information be posted conspicuously in model homes or the City could send a letter after real estate transfer tax is received. Could these be placed in deed restrictions? 4. Require developer to meet guideline to turn over HOA at 75% of the initial phase of the development. - City could facilitate initial HOA meeting – Notice, Public Meeting at City Hall, City representative in attendance - Ensure elected official in attendance. 5. Amend subdivision ordinance to include a specific turnover requirement. 6. Amend subdivision ordinance to require a Certified Management Agency. This is probably the toughest one to resolve. Problem #4 – Stormwater / Passive Open Space – Not Being Maintained

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Possible Solutions: 1. Amend sections of the code addressing special assessment (Chapter 94) and/or amend tall grass and weeds (Chapter 114) to allow staff to hire contractors to maintain the passive open space and/or stormwater management areas and bill the property owners (developer or individual owners) and place a lien against the property to recover costs. Prefereable. 2. Create a Limited Stormwater Utility  Unilateral authority to take over facilities that are not being maintaned  Start with new developments I think this solution would have to be all or none. Problem #5 – Nuisance issues such as maintenance of buildable lots with homes, partially complete homes, partially complete subdivisions, roll-off trash containers for construction debris, soil stockpiles and material storage areas are degrading the overall quality of various subdivisions (in both dedicated and undedicated subdivisions). Possible Solutions: 1. Require an upfront agreement and escrow deposit from the developer of the subdivision ($1,000 / lot) to address these issues if they arise. 2. Provide incentives to dedicate infrastructure – Bill developer for Street Light operating costs and pump station maintenance until subdivision is dedicated. Good solution. Problem #6 – Sidewalk network not complete and the developer wants to dedicate the rights-of-way and infrastructure. Possible Solutions: 1. Require all sidewalk construction to be complete prior to dedication. This position would maintain the status quo. 2. Add option that developer can go to Safety Advisory & Transportation Committee with a special Letter of Credit for the uncompleted sidewalks on the streets to be dedicated. The uncompleted sidewalks are associated with lots that have not had building permits issued as of that date. Potential enhancement to this option is to require a Public Hearing with notice to all residents and/or property owners in the development. Preferable. Problem #7 – Snow Removal on uncompleted and/or undedicated streets represents a serious service delivery problem for the City of Dover and residents in these areas. Possible Solutions: 1. Require a maintenance escrow to be set up by the developer that can be used for snow and ice removal. Preferable. 2. Require a signed contract between the developer and a private contractor responsible for snow removal be shared with the City.

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Problem #8 – The City does not provide a full range of services on undedicated streets since they are considered private property. (i.e. – snow removal, street sweeping, speed enforcement) Possible Solutions: 1. Earlier dedication – city would accept dedication of uncompleted streets and follow up with completion of the infrastructure on a designated time line identified in the dedication action. 2. Require more extensive maintenance agreement with longer time period for coverage. Based upon the above information, staff is proposing the following next steps: 1) Staff would like to receive feedback from members of the Committee and Council on the possible solutions presented above as well as other items you would like to consider to address the identified problems. 2) Prioritize the problems listed above. 3) Prepare a timeline to address the problems in priority order. 4) Hold focus group with stakeholders (HOAs, Civic Associations, Civic Leaders, the development community, KCD) 5) Develop ordinances / charter amendments / administrative changes If you have any questions, please contact me. SDK/sdk

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LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee meeting was held on January 24, 2011 at 6:01 p.m. with Chairman Leary presiding. Members present were Mr. McGiffin, Mr. Salters, and Dr. Jones. Mr. Shevock was absent. Members of Council present were Mr. Bonar, Dr. McGlumphy, Council President Hogan, Mrs. Williams, and Mr. Ruane. Mayor Carey was also present. AGENDA ADDITIONS/DELETIONS Mr. McGiffin moved for approval of the agenda, seconded by Dr. Jones 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. Mr. Leary noted that there were no critical positions to be considered; therefore, no further action was required. Review of Council Memberships (Tabled by Committee on 12/13/2010) During their meeting of December 13, 2010, members reviewed Council Memberships. After much discussion, members tabled the matter to allow the opportunity for the Central Delaware Chamber of Commerce and other organizations to address members regarding this issue. Mr. McGiffin moved to remove the matter from the table, seconded by Mr. Salters and unanimously carried. Mr. McGiffin reiterated his concerns regarding utilizing tax dollars for membership dues to organizations that engage in overtly political activity. He reminded members that, during the budget and election seasons, he received communications that were clearly political in nature. As a result, Mr. McGiffin felt that members should be thoughtful and deliberative in determining which organizations the City should become involved with as a “dues paying member.” He indicated he believed that the relationships between the City of Dover and the local and State Chambers of Commerce are positive. However, he stated he was not convinced that these relationships require the City to be a dues paying member and restated his concerns regarding paying dues to organizations that engage in overtly political activity. Mr. Bonar stated that, although he understood some of the concerns relayed by Mr. McGiffin, he felt confident that the benefits of being a dues paying member of these organizations far outweigh the inconvenience of receiving political notifications. As mentioned during the previous meeting, Mr. Bonar reminded members that the City receives far more benefits from being a member of these organizations than the cost of the membership dues. As an example, he stated that the membership dues, in the amount of $875 per year for the Central Delaware Chamber of Commerce, are minimal compared to the untold thousands of tax dollars and revenues that the businesses associated with this

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LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF JANUARY 24, 2011 PAGE 2 organization have contributed to the community over past years. It was his recollection that the late Mayor Crawford Carroll initiated the City’s membership with the support of previous Councils. It was Mr. Bonar’s hope that the organizations would consider the concerns relayed by Mr. McGiffin, should the City continue its memberships, and limit Council’s involvement and/or exposure to any type of political efforts in the future. Mr. Ruane noted the receipt of information from the Chamber of Commerce outlining the efforts made by the Chamber that correspond and coincide with the City’s purposes. He advised members of his participation with the Chamber as a member of its Transportation Committee and the benefits that this has provided to the City of Dover, as well as to other municipalities. Mr. Ruane relayed support for the City continuing its memberships. Dr. McGlumphy indicated his opposition to discussing this matter; however, since the issue was presented, he suggested that there be a review of all memberships throughout the City, including all 35 City departments, to determine if they were political in nature. He noted that the memberships being considered are only those included in the City Council’s budget. Dr. McGlumphy stated that he preferred overt political activity to covert political activity and indicated his support for continuing the memberships. Mrs. Williams indicated she shared the concerns and dismay of Dr. McGlumphy and suggested that members of Council should receive such political information and viewpoints. Council President Hogan stated that the concerns expressed are not related to the amount of dues. He relayed concern with utilizing taxpayer money for issues that involve political campaigning. He stated he wished the City to continue with the Chamber membership; however, he requested that the Chamber distance the City from political issues. Mr. Charles “Chuck” James, 1212 Fawn Road, Wilmington, Representative of the State Chamber of Commerce, advised members that the Chamber is an organization of community businesses throughout the State whose primary purpose is to represent and promote businesses. Mr. James assured members that the Chamber values the opportunity to connect the City with businesses statewide and noted that there are 88 businesses located in Kent County, which employ approximately 9,000 individuals. Mr. James reviewed the various functions, events, and meetings held by the Chamber. He explained that the Chamber represents the interests of diverse businesses that vary in their political affiliations, and it was his opinion that there is very little overtly political communication from the State Chamber; however, he stated that there is communication advocating for business. Ms. Judy Diogo, Central Delaware Chamber of Commerce, 435 N. DuPont Highway, explained that the common goals of all the organizations are to develop and maintain a healthy environment, to help businesses grow, and develop new businesses. She also felt that another shared goal is to assure good employment for the residents of Kent County. Mrs. Diogo reviewed several joint projects shared by the Chamber and the City. In regards to political messages, she stated that those who do not wish to receive broadcast e-mails can simply “click” on the small button located on the bottom of the screen to unsubscribe.

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LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF JANUARY 24, 2011 PAGE 3 Mr. James Hutchison, 15 Gleneagles Court, felt that memberships in the Central Delaware Chamber of Commerce and State Chamber of Commerce were some of the most important affiliations of the City. He explained their important role in assisting the City in making major decisions regarding businesses. Mr. Hutchison noted that the Central Delaware Chamber of Commerce plays an important role in maintaining the relationship between the City and the Dover Air Force Base. He urged members to continue memberships with these organizations. At the request of Mr. Bonar, Mayor George Wright, 31 Locust Street, Smyrna, Representative of the Delaware League of Local Governments, explained the benefits of membership with the League of Local Governments. He noted that the League serves as an advocate for legislation submitted to State legislators and assisting municipalities with Community Development Block Grant (CDBG) funding, the Community Oriented Policing Service (COPS) program, etc. Mayor Wright stated that much of the League’s work is “behind the scenes,” noting that the League has a full-time lobbyist. Responding to Mr. Bonar, Mayor Wright stated that if the City were to engage a full-time lobbyist, the cost would be approximately $20,000. Mayor Carey relayed his support for memberships in all the organizations, explaining the importance of communication between the City and its customers, such as businesses, to keep costs at a minimum, to offer services, and to promote the expansion of jobs and businesses. He noted that the memberships under discussion are of great value in assisting the City with these endeavors. Mr. Bonar stated that a veteran legislator once confided to him that, whether one wishes to admit it or not, all actions taken at Legislative Hall and in Council Chambers throughout the State, are political. Mr. McGiffin indicated that he did not intend to offend other members and assured them that he had no secret motives for raising this issue. He noted he was not disturbed by the receipt of emails with which he did not necessarily agree; however, he was concerned that the City belongs to organizations engaging in overtly partisan political activity, which he felt was wrong. Noting that a majority of Council supports these organizations, Mr. McGiffin stated that he would not suggest the elimination of the membership dues from Council’s budget. Dr. Jones moved to recommend that the City Clerk be authorized to include membership dues in City Council’s budget, as follows: 1) League of Local Governments - Annual Membership Renewal - $ 6,000; 2) National League of Cities - Annual Membership Renewal - $3,258; 3) Delaware State Chamber of Commerce - $856; 4) Central Delaware Chamber of Commerce $875; and 5) Miscellaneous (magazine subscriptions, etc.) - $200, totaling $11,198. The motion was seconded by Mr. Salters and carried unanimously. Statistics on Residency of City of Dover Employees During their meeting of October 25, 2010, members felt that it was critical to obtain statistics relating to the residency of current employees and requested that staff provide this information at a future meeting. Mr. Anthony DePrima, City Manager, provided members with the residency statistics for City of Dover employees and noted that 88 employees (24%) reside within City limits and 284 employees (76%) live outside City limits.

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LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF JANUARY 24, 2011 PAGE 4 Responding to Mr. Salters, Mr. DePrima stated that the main consideration with regards to employees who reside outside of the City limits would be the difficulty of getting to work during a large storm; however, this has never impeded the City in providing services. To his knowledge, the only municipality in Delaware that requires residency is Wilmington, where employees are required to move within City limits within seven (7) years of employment. Mr. Ruane stated that this is a “hot” topic and very controversial on a national level. He indicated that, in researching this matter, he discovered a recent trend to reverse residency requirements for those municipalities that have them; however, noted that the requirements continue to prevail in many jurisdictions. Mr. Ruane stated that there are arguments for the continuation of residency requirements. He explained it has been suggested that if an employee serves as an administrator or inspector who imposes regulations, the employee should be subject to the regulations which they enforce. In addition, Mr. Ruane advised members that resident employees might have a better understanding of neighborhood problems. He stated that off-duty police officers living within City limits would be better able to confront crime and provide neighborhood security, although he noted that, nationally, police organizations are opposed to this requirement. Mr. Ruane indicated that, although he did not propose any action at this time, he was surprised by the number of City employees who reside outside City limits and requested that they consider the benefits of living in the City. Mrs. Williams stated that, although she concurred with many of the comments made by Mr. Ruane, one of the benefits of living outside City limits is avoiding double taxation (paying both City and County property taxes). Mr. McGiffin moved to recommend acceptance of the Statistics on Residency of City of Dover Employees Report, as presented. The motion was seconded by Mr. Salters and unanimously carried. Review of City Reserves and Policy Requirements Mrs. Donna Mitchell, Controller/Treasurer, reviewed the schedule of City Reserve Account Balances as of December 31, 2010. She noted that the schedule reflects budget balances, as included in the most recent budget amendment, for the operating and capital project funds. Mrs. Mitchell advised members that some of the estimated budget balances for the utility capital project funds are higher than the policy requirement; however, in most instances, this is a result of having a five (5) year Capital Investment Plan (CIP) and multiple year projects. Therefore, she stated, the funds may be planned for use next year for a multi-year project. Mrs. Mitchell relayed concern regarding the calculation of the budget balance requirement for the Electric Revenue Fund. She reminded members that the policy requires the budget balance to equal at least 8% and no greater than 12% of operating revenues. Mrs. Mitchell stated that since the City is now utilizing the Power Cost Adjustment to increase/decrease the base revenue, the increase or reduction will be included in the budget balance calculation, which would have the potential to create substantial increases or decreases in the budget balance requirement from year to year. She indicated that staff prefers to keep the City’s cash flow balances levelized for paying vendors.

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LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF JANUARY 24, 2011 PAGE 5 Mrs. Mitchell stated that this would also assist the City in managing funds in years in which the power cost adjustment (PCA) may not match the year in which the power supply cost was incurred. For example, she stated that if last year’s power supply came in lower than budgeted and those funds were put in the reserve for the following year’s PCA, yet the following year, the power supply was higher than the prior year, City’s cash flow requirements might be impacted. Staff recommended acceptance of the reserve analysis. Responding to Mr. Bonar regarding reimbursement from the Federal Government for the snowstorm that occurred in February 2010, Mr. Scott Koenig, Public Services Manager/Director of Public Works, indicated that the second reimbursement request, in the amount of $196,000, was signed last week. He stated that the City has signed its portion of the agreement, which then will go through the accounting system with the Delaware Emergency Management Agency (DEMA) for issuance of the disbursement. He advised members that there are a total of four (4) to five (5) disbursements, totaling $250,000 and that the City has received approximately $1,400 to date. In response to Mr. Ruane, Mrs. Mitchell explained that if a budget balance exceeds the maximum amount according to City policy, the excess is to be used at the discretion of Council. She concurred that the use of excess funds must be approved by Council; however, she noted that there have been emergency situations involving City operations when the use of funds has been accomplished and then submitted to Council as a budget amendment. Mr. McGiffin moved to recommend acceptance of the reserve analysis, as presented by staff, and that with respect to the Electric Revenue Fund, the reserve calculation, based upon electric revenue, be done irrespective of the Power Cost Adjustment (PCA). The motion was seconded by Mr. Salters and unanimously carried. By unanimous consent, the meeting adjourned at 6:54 p.m. Respectfully submitted, Thomas J. Leary Chairman TJL/TM/jg/js/ac/dd S:\AGENDAS & MINUTES\Committee-Minutes\2011\01-24-2011 LF&A.wpd

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

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Page 2 of 9 City of Dover Finance Department Monthly Budget Report December 2010 S Strategic Objectives for Fiscal Year 2010 – 2011 1. Develop Days Sales Outstanding (DSO) monthly report to provide timely information on receivable collections. 2. Assist with implementation of inventory system for Electric Plant inventory. 3. Implementation and transition to an external service for time keeping and payroll. 4. Implement and transition to lockbox and remote deposit services for cash receipts. ACTIVITY LEVELS FY10 YTD FY11 YTD BANK TRENDS Number of Deposits Made 584 1,668 Total Amount of All Deposits $ 72,750,137 $ 80,608,706 PAYROLL Hours % Amount Hours % Amount Gross wages per registers 517,556 100.0% $ 11,306,080 491,492 100.0% $ 10,978,594 Wages and Hours Worked Regular 416,233 80.4% $ 8,770,111 411,405 83.7% $ 8,772,937 All over time 19,183 3.7% $ 769,482 18,314 3.7% $ 771,987 Other Paid or Unpaid Wages and Hours Vacation 33,925 6.6% $ 889,530 32,317 6.6% $ 825,456 Sick 10,307 2.0% $ 228,779 9,254 1.9% $ 213,595 Furlough 12,659 2.4% $ - 1,506 0.3% $ - Terminal Leave - Retiree Vacation/Sick Payout 10,225 2.0% $ 345,717 3,220 0.7% $ 91,298 Comp Time (Police) 3,175 0.6% $ 96,572 3,905 0.8% $ 123,537 Personal 589 0.1% $ 15,699 548 0.1% $ 15,844 Leave Without Pay 2,811 0.5% $ - 2,399 0.5% $ - Other (description below) 8,452 1.6% $ 190,189 8,626 1.8% $ 163,939 Other includes: pay adjustments, military differential pay, committee meetings, worker compensation tracking/adjustments, etc. Other Activity Number of Pay Periods 14 14 Number of Payroll Checks Issued 6,131 5,736 Number of Pension Checks Issued 1,369 1,430 Total Pension Benefits Paid - Defined Benefit Plan $ 2,150,664 $ 2,266,911 ACCOUNTS PAYABLE Number of Check Vouchers 3,794 3,276 Number of EFT Vouchers 862 1,057 Vouchers Dollar Amount Disbursed $ 59,208,433 $ 48,979,354

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Page 3 of 9 City of Dover Finance Department Monthly Report – December 2010 General Fund Summary Revised 50% of Budget Budget YTD Balance Budget Beginning Balance $ 2,277,575 $ 2,654,528 $ 2,655,562 $ (1,034) 100.0% Revenues Court of Chancery Fees 645,000 645,000 226,800 418,200 35.2% Fines & Police Revenues 881,502 881,502 492,759 388,743 55.9% Franchise Fees 486,000 486,000 136,380 349,620 28.1% Grants 831,850 831,850 153,060 678,790 18.4% Intrafund Services 4,347,834 4,347,834 2,008,430 2,339,404 46.2% Library & Recreation Revenues 665,689 665,689 289,690 375,999 43.5% Licenses & Permits 2,457,675 2,457,675 1,718,441 739,234 69.9% Property Taxes (Includes BID Revenue) (1) 11,035,326 11,035,326 10,868,804 166,522 98.5% Sanitation Revenues 2,387,511 2,387,511 1,172,835 1,214,676 49.1% Other Miscellaneous Revenues 365,250 365,250 105,999 259,251 29.0% Transfers-In from Special Funds & Utilities Civil Traffic Penalties 930,000 930,000 317,028 612,972 34.1% Municipal Street Aid Fund 526,843 526,843 263,776 263,067 50.1% Transfer Taxes 1,000,000 650,000 279,030 370,970 42.9% Electric Fund 8,856,000 8,856,000 4,428,000 4,428,000 50.0% Total Revenues 35,416,480 35,066,480 22,461,032 12,605,448 64.1% Total Beginning Balance & Revenues $ 37,694,055 $ 37,721,008 $ 25,116,594 $ 12,604,414 66.6% Expenditures City Clerk & Council $ 418,172 $ 418,172 $ 181,883 $ 236,289 43.5% Mayor, City Manager & Human Resources 1,008,803 1,008,803 511,356 497,447 50.7% Police & Police Extra Duty 12,907,889 12,907,889 6,274,997 6,632,892 48.6% Public Services 4,574,682 4,574,682 2,108,940 2,465,742 46.1% Central Services 2,422,663 2,422,663 1,102,481 1,320,182 45.5% Planning & Inspections 1,943,804 1,943,804 971,970 971,834 50.0% Finance, Info Tech & Customer Services 2,444,787 2,444,787 1,218,176 1,226,611 49.8% Library & Recreation 1,904,696 1,904,696 898,137 1,006,559 47.2% Fire Department 709,862 709,862 323,146 386,716 45.5% Assessor 197,249 197,249 93,816 103,433 47.6% Insurance 600,000 600,000 285,757 314,243 47.6% OPEB - Retiree’s Health Care Contribution 1,297,509 1,297,509 973,129 324,380 75.0% Police Pension Trust Contribution - State Grant 620,000 620,000 90,000 530,000 14.5% Appropriation to Pension Fund 1,090,000 1,090,000 841,250 248,750 77.2% Street Lights 985,000 985,000 478,944 506,056 48.6% Debt Service 331,800 331,800 302,450 29,350 91.2% Transfer to CDBG 6,000 6,000 - 6,000 0.0% Provision for Uncollectible 10,000 10,000 10,000 - 100.0% Transfers Out Capital Projects Fund 1,307,839 1,307,839 1,307,839 - 100.0% Total Expenditures 34,780,755 34,780,755 17,974,271 16,806,484 51.7% Budget Balance - Working Capital 2,913,300 2,940,253 - 2,940,253 0.0% Total Budget Balance & Expenditures $ 37,694,055 $ 37,721,008 $ 17,974,271 $ 19,746,737 47.7% Reserve Balances Contingency $ 417,971 $ 553,493 $ 537,626 (1) Property Taxes are the taxes billed and not cash received. The outstanding receivable balance as of 12/31/10 is $392,614 as compared to $491,825 in December 2009.

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Page 4 of 9 City of Dover Finance Department Monthly Report – December 2010 Water/Wastewater Fund Summary Revised 50% of Budget Budget YTD Balance Budget Beginning Balance - Water $ 943,545 $ 1,236,193 $ 1,236,546 $ (353) 100.0% Beginning Balance - Wastewater $ 585,053 $ 902,719 $ 902,366 $ 353 100.0% Beginning Balance - Kent County Treatment $ (1,632,876) $ (1,872,081) $ (1,872,081) $ - 100.0% Revenues Water Fees 4,206,700 4,206,700 2,742,814 1,463,886 65.2% Wastewater Fees 3,308,300 3,308,300 1,932,535 1,375,765 58.4% Kent County Treatment Fees 4,275,600 2,925,600 1,612,103 1,313,497 55.1% Ground Water Adjusment Fees - 1,350,000 613,678 736,322 45.5% Water Tank Leases 71,000 71,000 41,006 29,994 57.8% Miscellaneous 300,915 300,915 135,438 165,477 45.0% Impact Fees - Water 357,000 357,000 135,100 221,900 37.8% Impact Fees - Wastewater 323,000 323,000 120,650 202,350 37.4% Total Revenues 12,842,515 12,842,515 7,333,324 5,509,191 57.1% Total Beginning Balance & Revenues $ 12,738,237 $ 13,109,346 $ 7,600,155 $ 5,509,191 58.0% Expenses Water/Wastewater Operating Divisions Engineering & Inspection $ 642,878 $ 642,878 $ 240,606 $ 402,272 37.4% Water 412,588 412,588 184,696 227,892 44.8% Water Treatment Plant 1,499,857 1,499,857 729,727 770,130 48.7% Wastewater 969,762 969,762 419,903 549,859 43.3% Construction & Inspection 392,561 392,561 198,590 193,971 50.6% Kent County Treatment Fees 4,235,403 4,235,403 1,783,192 2,452,211 42.1% Intrafund Services 1,272,331 1,272,331 535,672 736,659 42.1% OPEB - Retiree’s Health Care Contribution 177,427 177,427 133,068 44,359 75.0% Pension Trust Contribution - Unfunded liability 372,000 372,000 279,000 93,000 75.0% Debt Service 562,601 562,601 208,991 353,610 37.1% Transfers Out Water I & E Fund 500,000 500,000 500,000 - 100.0% Wastewater I & E Fund 500,000 500,000 500,000 - 100.0% Capital Asset Reserve - Water 100,000 100,000 - 100,000 0.0% Capital Asset Reserve - Wastewater 100,000 100,000 - 100,000 0.0% Impact Fee Reserve - Water 110,597 110,597 - 110,597 0.0% Impact Fee Reserve - Wastewater 6,802 6,802 - 6,802 0.0% Total Expenses 11,854,807 11,854,807 5,713,445 6,141,362 48.2% Budget Balances Budget Balance - Working Capital - Water 1,348,501 1,641,149 - 1,641,149 0.0% Budget Balance - Working Capital - Wastewater 1,127,608 1,445,274 - 1,445,274 0.0% Budget Balance-Working Capital - Kent County Treatment (1,592,679) (1,831,884) - (1,831,884) 0.0% Total Budget Balances 883,430 1,254,539 - 1,254,539 0.0% Total Budget Balances & Expenses $ 12,738,237 $ 13,109,346 $ 5,713,445 $ 7,395,901 43.6% Reserve Balances Contingency-Water $ 126,607 $ 125,991 $ 123,927 Contingency-Wastewater $ 141,575 $ 140,887 $ 138,673 Impact Fee Reserve - Sewer NO BUDGET NO BUDGET $ 3,887,306 Impact Fee Reserve - Water NO BUDGET NO BUDGET $ 246,737 Bond Coverage Ratio (Covenant 1.20) 4.76 4.79 10.13

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Page 5 of 9 City of Dover Finance Department Monthly Report – December 2010 Electric Revenue Fund Summary Revised 50% of Budget Budget YTD Balance Budget Beginning Balance $ 12,086,275 $ 13,537,864 $ 13,537,864 $ - 100.0% Revenues Sales to Customers 96,595,300 96,595,300 53,265,257 43,330,043 55.1% Purchased Power Adjustment - Credit (2,000,000) (2,000,000) (1,074,974) (925,026) 53.7% Utility Tax 1,864,800 1,864,800 1,038,021 826,779 55.7% Weyandt Hall Rents 186,816 186,816 96,965 89,851 51.9% Miscellaneous Revenues 1,085,500 1,085,500 630,007 455,493 58.0% Intrafund Service Receipts Water/Wastewater 299,442 299,442 84,560 214,882 28.2% Total Revenues 98,031,858 98,031,858 54,039,836 43,992,022 55.1% Total Beginning Balance & Revenues $ 110,118,133 $ 111,569,722 $ 67,577,700 $ 43,992,022 60.6% Expenses Power Supply & Generation Power Supply $ 48,059,699 $ 48,059,699 $ 25,303,519 $ 22,756,180 52.7% Power Supply Management/Incentive 2,280,000 2,280,000 1,192,944 1,087,056 52.3% Capacity Charges 11,618,223 11,618,223 6,401,691 5,216,532 55.1% PJM Charges - Load 11,850,876 11,850,876 7,734,471 4,116,405 65.3% Total Power Supply 73,808,798 73,808,798 40,632,625 33,176,173 55.1% Plant Operations 5,694,315 5,694,315 3,110,418 2,583,897 54.6% Generation Fuels 297,820 297,820 3,138,177 (2,840,357) 1053.7% Capacity Credits (11,488,785) (11,488,785) (5,950,486) (5,538,299) 51.8% PJM Credits (720,797) (720,797) (5,289,824) 4,569,027 733.9% Total Generation (6,217,447) (6,217,447) (4,991,715) (1,225,732) 80.3% Total Power Supply & Plant 67,591,351 67,591,351 35,640,910 31,950,441 52.7% Electric Operating Divisions: Transmission/Distribution 3,206,515 3,206,515 1,462,086 1,744,429 45.6% Electrical Engineering 1,842,903 1,842,903 616,887 1,226,016 33.5% Administration 609,169 609,169 348,642 260,527 57.2% Meter Reading 222,908 222,908 101,537 121,371 45.6% Systems Operations 518,053 518,053 240,596 277,457 46.4% Intrafund Services 3,374,945 3,374,945 1,557,318 1,817,627 46.1% Utility Tax 1,864,800 1,864,800 1,038,021 826,779 55.7% Interest on Deposits 54,500 54,500 13,866 40,634 25.4% OPEB - Retirees Health Care Contribution 639,110 639,110 479,337 159,773 75.0% OPEB Trust Contribution 1,200,000 1,200,000 1,200,000 - 100.0% Pension Trust Contribution - Unfunded liability 833,000 833,000 624,750 208,250 75.0% Green Energy Payment to DEMEC 128,600 128,600 73,478 55,122 57.1% Accounts Receivable Write-Offs 135,000 135,000 135,000 - 100.0% Inventory Write-Offs 175,000 175,000 175,000 - 100.0% Pike Engineering - - 70,679 (70,679) 0.0% Debt Service 4,058,700 4,058,700 1,353,901 2,704,799 33.4% Transfers Out: General Fund 8,856,000 8,856,000 4,428,000 4,428,000 50.0% Electric Improvement & Extension Fund 3,500,000 3,500,000 875,000 2,625,000 25.0% Depreciation Reserve 1,250,000 1,250,000 - 1,250,000 0.0% Rate Stabilization Reserve 1,300,000 1,300,000 - 1,300,000 0.0% Total Expenses 101,360,554 101,360,554 50,435,008 50,925,546 49.8% Budget Balance - Working Capital 8,757,579 10,209,168 - 10,209,168 0.0% Total Budget Balance & Expenses $ 110,118,133 $ 111,569,722 $ 50,435,008 $ 61,134,714 45.2% Reserve Balances Contingency Reserve $ 1,071,054 $ 1,071,054 $ 1,052,763 Insurance Reserve $ 408,503 $ 408,503 $ 401,938 Rate Stabilization Reserve $ 6,171,027 $ 6,171,027 $ 4,839,477 Bond Coverage Ratio (Covenant 1.25) 1.51 1.57 2.77 Megawatt Hours Sold & Purchased Sales to Customers MWh (excluding Street Light MWh) 707,536 707,536 393,172 Sales per MWh $ 136.524 $ 139.159 $ 135.476 Purchased/Generated MWh 738,215 738,215 403,114 All In MWh Supply & Generation $ 91.561 $ 91.561 $ 88.414

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Page 6 of 9 City of Dover Finance Department Monthly Report – December 2010 General Capital Project Fund Summary Revised 50% of Budget Budget YTD Balance Budget Beginning Balance - Projects $ 65,479 $ 227,592 $ 227,592 $ - 100.0% Beginning Balance - Library $ - $ 34,583 $ 34,583 $ - 100.0% Revenues Transfer from General Fund for Projects 1,307,839 1,307,839 1,307,839 - 100.0% State Grant - Library 3,343,520 4,232,348 425,822 3,806,526 10.1% Police Grant 18,000 18,000 - 18,000 0.0% Miscellaneous Receipts - - 5,130 (5,130) 0.0% Library Bond Issue/Contributions 1,000,000 1,000,000 30,000 970,000 3.0% Transfer from Library Reserve 2,343,519 2,363,732 - 2,363,732 0.0% Transfer from Parkland Reserve - 36,872 - 36,872 0.0% Transfer from Capital Asset Reserve 140,000 - - - 0.0% Interest Earnings 10,900 10,900 2,312 8,588 21.2% Income from Sale of Assets - - 9,041 (9,041) 0.0% Total Revenues 8,163,778 8,969,691 1,780,144 7,189,547 19.8% Total Beginning Balance & Revenue $ 8,229,257 $ 9,231,866 $ 2,042,319 $ 7,189,547 22.1% Expenditures Fire $ 288,210 $ 223,700 $ 220,000 $ 3,700 98.3% Grounds Maintenance 63,675 63,675 9,347 54,328 14.7% Library 6,687,039 7,630,663 515,171 7,115,492 6.8% Recreation 45,000 81,872 38,453 43,419 47.0% Police 282,380 335,880 142,443 193,437 42.4% Streets 481,055 481,055 345,759 135,296 71.9% Sanitation 246,075 246,075 - 246,075 0.0% Information Technology 12,000 12,000 - 12,000 0.0% Mayor 31,500 31,500 - 31,500 0.0% Total Expenditures 8,136,934 9,106,420 1,271,173 7,835,247 14.0% Budget Balance - Projects 92,323 125,446 - 125,446 0.0% Total Budget Balance & Expenditures $ 8,229,257 $ 9,231,866 $ 1,271,173 $ 7,960,693 13.8% Reserve Balances Capital Asset Replacement Reserve $ 116,465 $ 256,645 $ 252,543 Library Reserve $ 1,243,686 $ 3,581,311 $ 3,247,073 Parkland/Recreation $ 185,045 $ 228,394 $ 224,620

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Page 7 of 9 City of Dover Finance Department Monthly Report – December 2010 Water/Wastewater Improvement & Extension Fund Summary Revised 50% of Budget Budget YTD Balance Budget Beginning Balance - Water $ 743,431 $ 1,590,874 $ 1,590,874 $ - 100.0% Beginning Balance - Wastewater $ 257,168 $ (45,665) $ (45,665) $ - 100.0% Beginning Balance - Bond Proceeds - Wastewater $ 286,500 $ - $ - $ - 0.0% Revenues Bond Issue Proceeds Series 2010 3,016,200 3,016,200 - 3,016,200 0.0% Income from Sale of Assets - - 17 (17) 0.0% Interest Earned - - 21,293 (21,293) 0.0% State Loan-Water - 2,404,017 - 2,404,017 0.0% State Loan-Wastewater - 5,597,956 2,042,107 3,555,849 36.5% Transfer from Water Operating Fund for Water 500,000 500,000 500,000 - 100.0% Department of Energy Grant - 45,248 - 45,248 0.0% Transfer from Wastewater Operating Fund for Wastewater 500,000 500,000 500,000 - 100.0% Transfer from Impact Fee Reserve - Wastewater 242,040 758,821 - 758,821 0.0% Total Revenues 4,258,240 12,822,242 3,063,417 9,758,825 23.9% Total Beginning Balance & Revenues $ 5,545,339 $ 14,367,451 $ 4,608,626 $ 9,758,825 32.1% Expenses Water $ 620,000 $ 3,605,055 $ 185,167 $ 3,419,888 5.1% Wastewater 1,560,700 7,075,994 2,002,692 5,073,302 28.3% Total Expenses 2,180,700 10,681,049 2,187,859 8,493,190 20.5% Budget Bal-Working Capital - Wastewater Bond Proceeds 2,153,140 2,153,140 - 2,153,140 0.0% Budget Balance - Working Capital - Water 623,431 889,836 - 889,836 0.0% Budget Balance - Working Capital - Wastewater 588,068 643,426 - 643,426 0.0% Total Budget Balances 3,364,639 3,686,402 - 3,686,402 0.0% Total Budget Balances & Expenses $ 5,545,339 $ 14,367,451 $ 2,187,859 $ 12,179,592 15.2% Reserve Balances Capital Asset Replacement - Water $ 319,003 $ 318,113 $ 214,600 Capital Asset Replacement - Wastewater $ 168,767 $ 168,476 $ 67,382

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Page 8 of 9 City of Dover Finance Department Monthly Report – December 2010 Electric Improvement & Extension Fund Summary Revised 50% of Budget Budget YTD Balance Budget Beginning Balance $ 1,688,861 $ 3,429,624 $ 3,429,624 $ - 100.0% Beginning Balance Bond $ - $ 415,585 $ 415,585 $ - 100.0% Revenues Interest Earnings 40,700 40,700 9,242 31,458 22.7% Transfer from Electric Revenue Fund 3,500,000 3,500,000 875,000 2,625,000 25.0% Insurance Claim Proceeds - 280,000 265,643 14,357 94.9% Department of Energy Grant - 135,152 65,065 70,087 48.1% Income from Sale of Assets - - 2,280 (2,280) 0.0% State Reimbursement for Governor's Ave - 254,757 - 254,757 0.0% Total Revenues 3,540,700 4,210,609 1,217,230 2,993,379 28.9% Total Beginning Balance & Revenues $ 5,229,561 $ 8,055,818 $ 5,062,439 $ 2,993,379 62.8% Expenses Power Plant $ 1,480,068 $ 2,156,740 $ 1,475,663 $ 681,077 68.4% Transmission/Distribution 739,000 739,000 272,268 466,732 36.8% Electrical Engineering 1,390,429 1,598,982 704,098 894,884 44.0% Transfer to Depreciation Reserve - 1,000,000 - 1,000,000 0.0% Total Expenses 3,609,497 5,494,722 2,452,029 3,042,693 44.6% Budget Balance - Working Capital 1,620,064 2,561,096 - 2,561,096 0.0% Total Budget Balance & Expenses $ 5,229,561 $ 8,055,818 $ 2,452,029 $ 5,603,789 30.4% Reserve Balances Depreciation Reserve $ 9,572,390 $ 10,513,555 $ 8,130,536 Future Capacity Reserve $ 9,294,563 $ 9,294,627 $ 9,146,983 City of Dover Finance Department Monthly Report – December 2010 Community Transportation Improvement Fund Revised 50% of Budget Budget YTD Balance Budget Beginning Balance $ 100,913 $ 100,913 $ 309,851 $ (208,938) 307.0% Revenues Grants Revenue 1,000,000 1,000,000 207,496 792,504 20.7% Transfer from General Fund 300,000 300,000 300,000 - 100.0% Interest Earned 2,800 2,800 204 2,596 7.3% Total Revenues 1,302,800 1,302,800 507,700 795,100 39.0% Total Beginning Balance & Revenues $ 1,403,713 $ 1,403,713 $ 817,551 $ 586,162 58.2% Expenses Program Expenses - Grant related $ 1,000,000 $ 1,000,000 $ 463,821 $ 536,179 46.4% Program Expenses - City appropriated 300,000 300,000 175,926 124,074 58.6% Total Expenses 1,300,000 1,300,000 639,747 660,253 49.2% Budget Balance - Working Capital 103,713 103,713 - 103,713 0.0% Total Budget Balances & Expenses $ 1,403,713 $ 1,403,713 $ 639,747 $ 763,966 45.6%

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Page 9 of 9 CITY OF DOVER SPECIAL REVENUE FUNDS COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN UNRESERVED FUND PERIOD ENDED DECEMBER 31, 2010 CDBG/NSP GIRLS CIRCLE & SUBSTANCE POLICE LIBRARY HOUSING GAMES GRANT ABUSE PREV. GRANTS GRANTS GRANTS OF DOVER GRANT TOTALS REVENUES: State Grants received $ 46,799 $ - $ - $ - $ 16,782 $ 63,581 Federal Grants received 123,567 124,498 225,190 8,551 - 481,806 Recreation revenue - - - - 4,400 4,400 Miscellaneous revenue (5,130) - - - - (5,130) Investment income (loss) 298 - - - - 298 TOTAL REVENUES $ 165,534 $ 124,498 $ 225,190 $ 8,551 $ 21,182 $ 544,955 EXPENDITURES: Program expenditures $ 128,046 $ 39,310 $ 307,171 $ 8,551 $ 77,785 $ 560,863 TOTAL EXPENDITURES $ 128,046 $ 39,310 $ 307,171 $ 8,551 $ 77,785 $ 560,863 Excess (deficiency) of revenues over expenditures $ 37,488 $ 85,188 $ (81,981) $ - $ (56,603) $ (15,908) Other financing sources (uses): Operating transfers-out (40,679) - (136,557) - - (177,236) Excess (deficiency) of revenues and other financing sources over expenditures & other uses $ (3,191) $ 85,188 $ (218,538) $ - $ (56,603) $ (193,144) UNRESERVED FUND BALANCE AT BEGINNING OF YEAR $ 315,736 $ 35,505 $ 61,672 $ - $ 10,710 $ 423,623 UNRESERVED FUND BALANCE AT END OF YEAR $ 312,545 $ 120,693 $ (156,866) $ - $ (45,893) $ 230,479

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

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January 13, 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 December 2010: COMPLAINTS Total complaints received through December 31st 42,000 numbered 33,692. This is an increase of 5,253* 33,692 complaints over the same time period for last year. 35,000 30,482 29,632 29,413 28,440 28,000 *Such a large increase is due in part to all calls for 21,000 service are now included in total. 14,000 7,000 0 2006 2007 2008 2009 2010 CRIMINAL INVESTIGATIONS 20 15 15 Cases Reported in 11 December 10 Cases Cleared in December Cases Cleared from 5 3 3 2 Previous Months 0 1 1 0 0 Burglary Robbery Rape

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Report to Mayor and Council December 2010 Page 2 QUALITY OF LIFE TASK SECTION ENFORCEMENT ACTION ARRESTS ABANDONED VEHICLES 1 ALCOHOL VIOLATIONS/DUI’S 1 ASSIST OTHER 0 WARRANTS ON FILE 3 BIKE ON SIDEWALK 0 CITY PARK VIOLATIONS 0 CRIMINAL ARRESTS 81 DRUG RELATED ARRESTS 30 LOUD MUSIC 0 MISCELLANEOUS VIOLATIONS 19 PARKING VIOLATIONS 20 PEDDLER 0 MEETINGS 7 PROSTITUTION 0 COLLECTION OF DELINQUENT DCO’S 0 WANTED CHECKS/CPC’S 17 TRAFFIC ARRESTS 102 WARNINGS 23 FUGITIVE 16 TOTAL ARRESTS 320 TRAFFIC ARRESTS 24,000 19,224 19,969 20,469 18,112 18,304 The department issued 20,469 traffic citations through this reporting period. This is an increase of 500 citations over the 16,000 number issued during the same period last year. 8,000 0 2006 2007 2008 2009 2010 TRAFFIC CRASHES Through December 31st, Dover Police investigated 1,872 traffic crashes. This is a decrease of 38 accidents investigated during the same period last year. 3,200 2,237 2,400 2,139 2,000 1,910 1,872 1,600 800 0 2006 2007 2008 2009 2010

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Report to Mayor and Council December 2010 Page 3 911 CENTER 9% During the month of December*, our 911 Center handled a total of 7,715 calls averaging 249 calls per 911 Landline day. Dispatchers handled 1,623 calls on the 911 21% 911 Wireless wireless lines, an average of 53 calls per day and 694 calls on the 911 landlines, an average of 23 calls per Administrative day. 70% *Note: The 911 Dispatcher Center was folded down and calls were taken at Kent Center for the week of December 1 – 8, 2010 for replacement of the 911 Phone System. CITY ORDINANCE SUMMONS 12,000 10,052 9,953 9,101 8,599 Through December 31st, we issued 8,599 city ordinance 6,943 7,135 8,214 summons, an increase of 385 summons over December of 8,000 6,116 5,439 5,739 last year. *Note: of those summonses issued in December, 43 were issued for handicapped parking violations, 28 for fire lane parking violations, 106 for false alarms (58 for 3- 4,000 5 alarms, 33 for 6-9 alarms, 9 for 10-15 alarms, and 6 for 16 or more alarms) and 4 for noise violations (2 for 0 vehicle violations and 2 for residence violations). 2006 2007 2008 2009 2010 ISSUED PAID Listed below are the major crimes and activities that occurred during the month of December: • On September 28, 2010, a suspect rode up on a bicycle and fired multiple shots into a vehicle occupied by three subjects on East Water Street. The vehicle sustained damage but no one in was injured in the vehicle. The suspect was known by the occupants of the vehicle and warrants were obtained for his arrest. He was wanted for Reckless Endangering 1st (3 counts), Possession of a Firearm By a Person Prohibited, Possession of a Firearm During Commission of a Felony, Disorderly Conduct, and Criminal Mischief. On December 28, 2010. Officers from the Patrol Unit, Quality of Life Section, and Community Policing Section, apprehended the suspect who was hiding in an apartment without incident. • On December 3, 2010, Officers from the Drugs, Vice and Organized Crime Section executed a search warrant in the at a residence on Barrister Place. The search warrant was the conclusion of an investigation into the sale of Ecstasy from the residence. After completing the search, two suspects were charged with Trafficking Ecstasy and related offenses. Officers located 91 Ecstasy Tablets, a small amount of Marijuana, and miscellaneous drug paraphernalia throughout the residence and the suspect’s vehicle. Four children were also present in the residence along with two additional adults. • On December 9, 2010, Detectives arrested a suspect for numerous counts of Theft and Trespass after a search of his residence revealed property taken from various vehicles throughout the City of Dover. Detectives were able to link these items to the victims through serial and identification numbers on the property. • On Friday, December 10, 2010, a suspect forced entry into a residence on East Water Street. The suspect then began to damage property inside the residence and fled without taking any items. As officers were at the scene investigating the incident the suspect appeared and was subsequently arrested for the incident. • On December 10, 2010, officers from the Sex Offender Enforcement Section were conducting sex offender verifications. During which, they discovered a suspect had registered at an address in which he did not reside. Because he is a Tier 2 sex offender and is required to register his address with the State Bureau of Identification.

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Report to Mayor and Council December 2010 Page 4 Major crimes and activities that occurred during the month of December continued: • On Sunday, December 12, 2010, Dover Officers responded to a reported Protection from Abuse (PFA) violation and assault. The investigation revealed that the defendant has an active PFA, which orders him not to have contact with the victim. The suspect confronted the victim at her residence and an argument ensued. The suspect then began to strangle the victim, assaulted her with an electronic stun device and prevented her from leaving the residence. The defendant fled from the residence and was apprehended in Wilmington, Delaware. • The Department’s Accident Reconstruction Team is currently investigating a fatal collision involving a pedestrian. The collision which occurred on December 15, 2010 on South Dupont Highway involved a vehicle that was travelling southbound when a pedestrian stepped onto the road walking westbound. The front of the suspect’s vehicle made contact with victim who was later pronounced dead at the scene by paramedics. The suspect was arrested for DUI and additional charges will be determined by the Attorney General’s Office. • Between December 14, 2010 and December 18, 2010, two churches located on South Dupont Highway and a church located on South State Street, were all burglarized and had property removed. • On December 18, 2010, Dover Officers responded to a fight complaint on South New Street. Officers contacted a suspect and asked for his identification. He gave a false name and was being placed under arrest when he jumped in his vehicle and attempted to drive away. The vehicle struck one of the officers but did not cause injury. The suspect then got out of the vehicle and fled on foot but was apprehended by the officers and was found to be DUI. He was also in possession of two knives at the time of his arrest. • On December 19, 2010, the Dover Police received an alarm from a business located on Martin Street and upon arrival observed two defendants running from the business. The arriving officers chased the defendants and apprehended both and recovered the stolen property. • On December 19, 2010, an unknown suspect entered a residence on Forest Creek Drive through an unsecure front door. Once inside, the suspect removed two XBox games, a controller, and an IPOD Dock Station. The suspect then fled in an unknown direction. • On Wednesday December 22, 2010, Officers from the Drugs, Vice, and Organized Crimes Section and Safe Streets Section conducted an uncover sting operation regarding counterfeit merchandise being sold from stores located in the Dover Mall. Officers recovered a total of 414 pieces of counterfeit merchandise bearing trademarks from NFL, MLB, DC Shoes Inc, and Fox Racing, for a total value of approximately $10,350.00. Two were arrested and charged with Trademark counterfeiting. • On Wednesday December 22, 2010, a suspect forced open the front door at a residence located on Glenn Eagles Court. Once inside, he began removing Christmas gifts from a closet as well as attempting to take a flat screen television. The 21 year old victim and his 53 year old father began struggling with the suspect who caused minor injury to both before fleeing the residence. Detectives through their investigation were able to identify the suspect. He was apprehended and charged later that same day. • On December 27, 2010, an unknown suspect broke out the front window glass of the business located in the Hamlet on Walker Road. The suspect then reached inside and removed several bottles of alcohol. The suspect fled in an unknown direction. Respectfully Submitted, James E. Hosfelt, Jr. Chief of Police

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Monthly Report December 2010 Office of City Assessor

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Assessor’s Report Major Updates Oct‐10 Nov‐10 Dec‐10 Assessment Change $90,100 ‐$64,300 $2,262,800 Residential Sales Ratio Report Sales in Study Total Assessed Value Total Sale Price Ratio PRD 12 $2,157,800 $1,941,790 1.11 1.01 Ratio – Assessed Value divided by Sale Price. 1|Page

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Assessor’s Report 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. Points of Interest Scanning & Filing ‐ All new deeds are being scanned and attached to the CAMA software for easy retrieval. ‐ All appeal documents and correspondence are being scanned and attached to the CAMA software for easy retrieval. ‐ All deeds from 2006 through current day are scanned and attached to our software. ‐ Hard Copies of original property record cards are being scanned and attached to the CAMA software for easy retrieval of previous years history. Assessor’s Office ‐Scheduling and conducting residential appeals (see attached minutes of the meetings) ‐ Scheduling and conduction Exemption Requests 2|Page

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City Council’s Board of Assessment Appeals * December 01, 2010 The Board of Assessment Appeals was brought to order at 8:45 A.M. by the City Assessor Cheryl Russell. Board Members present were: James Welsh, William Garfinkel and Todd Stonesifer. Staff present was: City Assessor Cheryl Russell, Erika Schrader, Legal Counsel to the City Assessor and Administrative Assistant Annette Hart. Appeals B. Walker Woods Properties LLC Location: Multiple Parcels: Harmony Lane BACKGROUND AND ANALYSIS An appeal form was submitted to the Assessor’s Office with a requested assessment of $3,100,000. Original Value Corrected Value/Appealed Value Requested Value See attached spread sheet These parcels in the past were under one parcel number. During the recent City-Wide revaluation, the parcels were split to match the Kent County Records. When the mailing for the new values was sent out, the owner of record only received one notification. The other parcels were not changed to reflect the new ownership and mailing. Since this was an error on our part, we allowed the property owner the right to appeal. After meeting with the owner, we realized that one of the parcels was grossly incorrect, it still described a section of townhomes instead of an individual townhome (RES -2010-091) This correction has been made. Also, we discovered that the “neighborhood” used for comps was not the best suited for this neighborhood. The Assessor’s Office made necessary corrections and informed by email to the property owner and/or his representative the new values based on these changes. The property owner chose to appeal the corrected values and supplied the Assessor’s Office with four pages of a summary appraisal report; indicating a total value of $3,100,000.

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Recommended Actions: Staff recommends that the “corrected” number generated by the 2010 Revaluation remain the same. Mrs. Ordway was present for the appeal hearing. Ms. Russell went over the information provided by the appellant and explained to the board that the owners of Walker Woods Properties LLC visited the office to express their concerns about the value of the property, based on the fact that there were some discrepancies, the Assessor allowed the owners to file an appeal. Ms. Russell also explained that she did make changes to the grading and the neighborhood which changed the original value to the new value listed on the attached spread sheet. Ms. Ordway explained to the board that properties were purchased three years ago for an average price of $52,000 per unit and that a recent appraisal valued each property at about $59,000 each. She mentioned that the property has been on the market for about $60,000 per unit, and has had no interested buyers. She believes that the new value is still too high. Ms. Russell explained to the board that the neighborhood used to calculate the new value was Barrister Place, which had a recent sales in December of 2009 for $79,400. Ms. Russell told the board that Ms. Ordway did not provide the Assessor with the whole appraisal, as requested and therefore was not able to see what comparables were used in the appraisal. Mr. Stonesifer asked Mrs. Ordway to see the complete appraisal. After looking at the whole appraisal, the Assessor pointed out that the comparables used, where not in the City of Dover city limits. Ms. Russell explained that this year was the first year the units are assessed as individual properties, to mirror Kent County at what time Mrs. Ordway acknowledged that the units are deeded as separate units. Mr. Garfinkel asked if any improvement to the properties has been made, at which time Mrs. Ordway told the board that no upgrades have been made because of the depressed nature of the tenants. She does not believe that any improvements made right now, would improve the property at all. The Board had no more questions for Mrs. Ordway. Before the appellant left, Ms. Russell explained that the board will deliberate and make their decision at 11:45 A.M., should she choose to come back to hear what the board’s decision is. The appellant was also informed that they would receive written notification by certified mail. Deliberations Mr. Olson was present for the deliberation. Mr. Garfinkel made the motion to accept the Assessor’s valuation, Mr. Stonesifer seconded that motion with the intend to discuss. Mr. Stonesifer told to the board, that he believes that the city’s values are too high based on the comparables used by the city. He believes that these units should not be assessed individually, as they were bought as one. Mr. Welsh pointed out that each unit has its own Tax Map Number and is also deeded individually. Mr. Garfinkel believes that the properties are in a good area of town and could be of greater value, if the owners would make some improvements. Mr. Stonesifer pointed out that the property was bought in 2008 for

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approximately $52,000 each and that the property values certainly have not increased since 2008, certainly not as much as the increase suggested by the city. Mr. Garfinkel pointed out that Mrs. Ordway mentioned earlier that there is no problem renting the properties and that they are in demand. Mr. Garfinkel held the motion to accept the Assessor’s value, which was seconded by Mr. Stonesifer earlier. Motion carried 2-1. The Board shall inform, in writing, the appellant of its decisions and reasons after the conclusion of the hearing, and shall become final on the date the decision is signed by the members of the Board. Furthermore, any oral discussion of or vote upon the appeal by the Board during the hearing shall be deemed to be in the nature of a preliminary deliberation to the rendering of a final written decision and only the written decision, as adopted by a majority of the Board, shall constitute the decision of the Board. The decision of the Board may be appealed to the Superior Court of the State of Delaware within thirty (30) days from the date the Board’s written decision. Appeals – Abatement A. 1. Tinman Enterprises LLC Location: 28 W Loockerman St – ED05-077.09-04-15.00 BACKGROUND AND ANALYSIS An appeal was requested via a phone conversation with Mr.Tinsley on Friday, November 19, 2010. Appealed Requested $174,100 Not Available Originally, in January when the values were generated by Tyler Technologies and notification went to the property owner, the value was based on 2010 values with current information on the property. No appeal was requested at this time. The value on this property was $299,500. Mr. Tinsley called later in the year with his concern about the Abatement that he should have received on the property. Mr. DePrima met with the Assessor and discussed this item and we made adjustments to this property. The 2007 Property Record Card indicates the value and the information that described this

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property before the building permits were added and the revaluation was complete. The 2010 Property Record Card indicates the value and the information that describes this property now, with the revaluation. The CAMA software that we use can only store on set of information for a property. The Assessor had to go into the “current” year in the CAMA software and make all necessary changes to the information gathered by the Reval Company. The changes that were made, described the property as of Post Revaluation pre-permit status. Resulting with the value reducing from $299,500 to $174,100 for this billing cycle. Which raises it from last year’s value of $133,300. I cannot produce a Property Record Card for this new value without committing the value into CAMA software and losing the information gathered by the Revaluation Company for the future years (after the abatement). The information was processed into the Software; a value was generated by the software using the 2010 “tables” and the old information. The number was then put into the 2010 year as an override until the next revaluation. The Assessor assumes that the property owner would maintain the improvements as they were from the last revaluation; had there not been permits and renovations to the property. 2. Tinman Enterprises LLC Location: 121 W Loockerman St. – ED05-077.09-02-05.00 BACKGROUND AND ANALYSIS An appeal was requested via a phone conversation with Mr.Tinsley on Friday, November 19, 2010. Appealed Requested $177,100 Not Available Originally, in January when the values were generated by Tyler Technologies and notification went to the property owner, the value was based on 2010 values with current information on the property. No appeal was requested at this time. The value on this property was $496,200. Mr. Tinsley called later in the year with his concern about the Abatement that he should have received on the property. Mr. DePrima met with the Assessor and discussed this item and we made adjustments to this

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property. The 2007 Property Record Card indicates the value and the information that described this property before the building permits were added and the revaluation was complete. The 2010 Property Record Card indicates the value and the information that describes this property now, with the revaluation. The CAMA software that we use can only store one set of information for a property. The Assessor had to go into the “current” year in the CAMA software and make all necessary changes to the information gathered by the Reval Company. The changes that were made, described the property as of Post Revaluation pre-permit status. Resulting with the value reducing from $492,200 to $177,000 for this billing cycle. Which raises it from last year’s value of $117,600. I cannot produce a Property Record Card for this new value without committing the value into CAMA software and losing the information gathered by the Revaluation Company for the future years (after the abatement). The information was processed into the Software; a value was generated by the software using the 2010 “tables” and the old information. The number was then put into the 2010 year as an override until the next revaluation. The Assessor assumes that the property owner would maintain the improvements as they were from the last revaluation; had there not been permits and renovations to the property. Ms. Russell presented a brief history of the valuations of the Properties. The Abatement Program was explained to the Board and a summary of how the proposed abated valuation for the Properties was generated by the Assessor’s Office. The value was generated by inputting the Pre-permit Condition of the Properties as they existed at the time of the previous revaluation (2005) using the computations for the current City-wide assessment to arrive at abated values at the rates for 2010. There was some discussion between Ms. Russell and Mr. Tinsley regarding other tax issues related to other incentive programs the Properties enjoy but which are not directly related to the instant appeal. Through the discussion at the hearing, however, Mr. Tinsley did indicate that Tinman was satisfied with the resolution of those other issues. Mr. Tinsley then testified that five years ago he paid approximately $155,000.00 for 28 W. Loockerman and approximately $165,000.00 three years ago for 121 W. Loockerman. He thought that the revised numbers presented by the Assessor were essentially fair. However, Mr. Tinsley represented to the Board that the conditions of the Properties should not be viewed as if they were in the same condition as they existed in the Pre-permit Condition but rather that they should be considered at an even lower grade because the structures would have continued to degrade had improvements not been made pursuant to the Abatement Program. He indicated that the value should what he paid for the Properties in 2005 and 2007 since he felt that a purchase at any price was the only way the value of the Properties would ever increase.

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The Board asked for clarification of Tinman’s position regarding the value of the Properties. It was not clear to the Board if Tinman was withdrawing the appeal. Mr. Tinsley clarified that he was not withdrawing his appeal; he restated that he felt the fair value would be the purchase prices of the Properties in 2005 and 2007. Clarification was also asked regarding the actual purchase prices of the Properties. Tinman did not have any documentation available. The City Assessor did, however, provide the purchase prices on record for the Properties as $165,000.00 for both 28 and 121 W. Loockerman. The Board then voted to close the hearing to deliberate. A motion was then made and seconded to adopt the values proposed by Tinman – the amounts actually paid for the Properties. The Board then discussed the merits of the appeal. Mr. Garfinkel suggested that he did not feel that the data presented by Tinman was sufficient to rebut the presumption of the accuracy of the Assessor’s proposed values. Mr. Tinsley was permitted to reply to these assertions that his evidence did in fact rebut the accuracy of the Assessor’s proposed values because the purchase prices were based on the true value of the Properties in the current market. Mr. Stonesifer stated that the grounds for his motion was that the valuation, under the Abatement Program, the Properties are to be valued in the Pre-permit Condition and the price paid for the Properties in Pre-permit Condition would be the most accurate. When asked about the basis for the information used to determine the valuation, the Assessor restated that the value was determined by using the data available for the most recent revaluation and that it is not possible to speculate how the property might differ in condition at the time of the 2010 revaluation from the 2005 condition. Mr. Stonesifer indicated that it was his opinion that Tinman’s position that the purchase price would be the best indicator of value for the Pre-permit Condition which would also not take into account any change in condition whether improving or continued degradation of the Properties. The discussion was concluded and the Board voted on the motion to change the assessed values for the Properties to the actual prices paid by Tinman as indicated in the City records, $165,000.00 each. The motion carried unanimously, three to zero. The Board shall inform, in writing, the appellant of its decisions and reasons after the conclusion of the hearing, and shall become final on the date the decision is signed by the members of the Board. Furthermore, any oral discussion of or vote upon the appeal by the Board during the hearing shall be deemed to be in the nature of a preliminary deliberation to the rendering of a final written decision and only the written decision, as adopted by a majority of the Board, shall constitute the decision of the Board. The decision of the Board may be appealed to the Superior Court of the State of Delaware within thirty (30) days from the date the Board’s written decision. * Draft (not yet approved by the board)

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

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Customer Services 1,212 payments were processed online or by telephone in December 2010. City of Dover property taxes were due August 31, 2010. As of December 31, 2010 the delinquent property taxes total $716,679.62 for all tax years. Budget and Program Development Continued meetings with Customer Service staff to review implementation of the new utility bill design. Final review of Fiscal 2011 Revenue Manual completed. Participated in GFOA Webinar on Practices in Performance Based Management. Met with representatives from the Chamber of Commerce regarding involvement in the Budget process. Met with members of the Budget Team to review CIP submissions. Human Resources Continued IBEW contract negotiations. Staff participated in the ADP training, in preparation for the new Payroll system. Information Technology Continued working on the upgrade of the City’s website. Parks, Recreation, & Library The Library recorded 801 people attending 24 children’s programs. Seventy‐one residents were recorded in Job Resource Center. Annual Caroling on the Green was well attended with a crowd of approximately 250. The Annual Food Drive provided food to four local food banks. Coordinated all logistics for Annual First Night celebration. Pitts Center court rentals included Holy Cross CYM and Capital Baptist School. Public Services Contractor for the Library Bid Pac A has completed approximately 40% of the contract work. Working on the Spring Street program bid documents. Public Utilities All water main installations have been completed for east of North State Street (Phase “A” Water Main Replacement). 2 City Manager’s Monthly Report, December 2010

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PUBLIC AFFAIRS Citizen Action Center Citizen Action Center Number of Frequently Asked Questions Complaints Registered 200 450 402 379 368 378 400 150 332 350 314 309 312 300 249 263 252 250 222 100 186 200 150 50 100 50 0 0 Dec‐ Jan‐ Feb‐ Mar‐ Apr‐ May‐ Jun‐ Jul‐ Aug‐ Sep‐ Oct‐ Nov‐ Dec‐ Dec‐ Jan‐ Feb‐ Mar‐ Apr‐ May‐ Jun‐ Jul‐ Aug‐ Sep‐ Oct‐ Nov‐ Dec‐ 09 10 10 10 10 10 10 10 10 10 10 10 10 09 10 10 10 10 10 10 10 10 10 10 10 10 Planning/Inspections Police Public Services/Public Works Public Utilities Site Admin/Other AVERAGE TIME TO CLOSE COMPLAINTS RECEIVED ‐ December 2010 Total # Department # Of Days Complaints Planning/Code Enforcement 24 3.92 days (property code violations) Police (community policing) 2 8.4 days Public Services ‐ Grounds 1 ‐ Sanitation 2.65 days 2 ‐ Streets 7 Public Utilities (electric outages) 3 7.2 days Site Admin/Other Departments 9 1.7 days COMMUNITY OUTREACH, TRAINING AND EDUCATION EVENTS ‐ December 2010  Attended Library Public Relations Committee Meeting.  Assumed snow related notification responsibilities due to the retirement of the Emergency Management Coordinator.  Met with staff from Delmarva Rural Ministries and toured the facility to develop a relationship for resources with the constituents in the City.  Home for the Holidays Parade.  Continued working with Delaware.net on the redesign and content of the website.  Attended events for and with Mayor Carey (Grand Opening and Awards Banquet). July Aug Sept Oct Nov Dec OTHER ACTIVITIES FYTD 2010 2010 2010 2010 2010 2010 Facebook ‐ New Posts 21 26 54 41 52 59 253 Facebook ‐ Page Views 716 1,004 1,145 1,152 1,671 1,768 7,456 Facebook –Replies to Questions 17 37 21 23 21 27 146 Press Releases 16 9 16 5 2 3 51 Ceremonial Documents 25 16 26 19 17 16 119 (Proclamations, Certificates, Letters of Welcome) City Manager’s Monthly Report, December 2010 3

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CENTRAL SERVICES Fleet Operations & Maintenance Items on Hand with no Usage over 36 Months 70000 120 $1,000,000 60000 100 Total Work Orders $800,000 50000 Total Dollars 80 40000 60 $600,000 30000 40 20000 $400,000 10000 20 0 0 $200,000 Dec Jan Feb M ar Apr M ay Jun Jul Aug Sep Oct Nov Dec Dec- Jan- Feb- M ar- Apr- M ay- Jun- Jul- Aug- Sep- Oct- Nov- Dec- 09 10 10 10 10 10 10 10 10 10 10 10 10 09 10 10 10 10 10 10 10 10 10 10 10 10 Total Dollars Tot al Work Orders Elect ric Wat er General Work Orders: 67 Electric: $445,038.96 Fleet Maintenance: $15585.69 (excludes Melvin’s Sunoco) Water: $ 25,228.32 Fuel: $45,048.87 General: $ 39,258.86 Stock Purchases by Fund Contingency & Warehouse Stock 500000 $4,500,000 2,700 2,600 400000 $4,000,000 2,500 Total Line Items 2,400 300000 $3,500,000 2,300 Total Dollars 2,200 200000 $3,000,000 2,100 2,000 100000 $2,500,000 1,900 1,800 0 $2,000,000 1,700 Dec- Jan- Feb- M ar- Apr- M ay- Jun- Jul- Aug- Sep- Oct - Nov- Dec- Dec Jan Feb M ar Apr M ay Jun Jul Aug Sep Oct Nov Dec 09 10 10 10 10 10 10 10 10 10 10 10 10 09 10 10 10 10 10 10 10 10 10 10 10 10 Elect ric Wat er General Total Dollar Value Total Line It ems Electric: $38,630.01 Total Dollar Value: $,762,712.76 Water: $ 6,214.71 Total Line Items: 1,808 General: $ 504.22 Major Program Updates MEASURE DECEMBER 2010 DECEMBER 2009 DIFFERENCE Issue Effectiveness (>90%) How often the warehouse has what cus‐ 99.0% 99.3% ‐0.33% tomers need when it’s needed. [issues / (issues + back orders)] * 100 Turn Over Rate (4‐5 per yr.) Indicates that the material stocked is the 1 every 40.97 years 1 every 31.57 years 9.4 years material being used. Bids for non‐inventory items converted to 11 of 12 Bids 7 of 7 Bids (FY10 Total) purchase orders within timeframe ‐8.33% 91.6% 100% (Quantity and Percentage) Sealed bids prepared, received & distrib‐ 28 of 29 Bids 36 of 38 Bids (FY10 Total) uted within 7 working days of receipt ‐1.85% 96.5% FYTD 94.7% (Quantity and Percentage) Scheduled Preventative Maintenance 9 of 20 appointments kept 20 of 30 appointments kept appointments being kept. ‐21.6% 45% 66.6% (Quantity and Percentage) 399,185 pieces Mail receiving lowest discounted rate 162,236 pieces (FY10 Total) 0.46% (Quantity and Percentage) 96.4% 95.9% Routine work orders completed within 5 37 work orders completed 21 work orders completed 2.1% days (Quantity and Percentage) 88.1% 95.4% Emergency work orders completed within 6 work orders completed 1 work order completed ‐ 2 days (Quantity and Percentage) 100% 100% 4 City Manager’s Monthly Report, December 2010

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CUSTOMER SERVICES WORK ORDERS PROCESSED EXTENSIONS OF CREDIT 3,500 900 833 783 3,000 800 714 729 700 613 628 612 632 2,500 2,262 568 556 600 547 523 1,984 1,970 1,972 468 2,000 1,833 1,825 500 1,709 1,689 1,526 1,355 1,399 1,459 1,325 400 1,500 300 1,000 200 100 500 Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2009 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2009 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 2010 Write‐Offs / Electric & Trash Bills The electric write‐off for outstanding electric bills with dates ranging mainly from October 2008 until December 2008 . The proposed write‐off of $47,956.30 includes $21,874.23 from accounts that filed for bankruptcy. The 47,956.30 is the second write‐off for Fiscal 2011 and is .20 percent of the revenue ($24,476,108) for the write‐off period. In other words, the City collected 99.73% of all bills for the write‐off period. For every $100 dollars of revenue the City billed in the write‐off period, $0.20 was not collected. The trash write‐off for outstanding trash bills with dates ranging mainly from July 2008 until Sept 2008. The proposed write‐off of $1,238.80 includes $25.90 from accounts that filed bankruptcy. The $1,804.39 is the second write‐off for Fiscal 2011 and is $0.40 percent of the revenue ($306,104) for the write‐off period. In other words, the City collected 99.41% of all bills for the write‐off period. For every $100 of revenue the City billed in the write‐off period, $0.40 was not collected. According to the APPA, the industry standard for collections among publicly held utilities of similare size is 99.74% of total electric revenue. The accounts are currently assisgned to our collection agency and will remain there even when they have been written off. A complete list of accounts is available upon request. FY 2011 FY 2010 Major Program Updates Dec 2010 Dec 2009 Difference Year‐to‐Date Year‐to‐Date Number of Customers Served 23,402 22,794 608 153,361 148,576 Final Bills 493 529 (36) 4,108 3,813 Estimated Bills 152 150 2 875 850 Penalties Posted $ 20,355 $ 17,002 $ 3,353 $ 129,824 $ 109,732 Extensions of Credit ‐ Amount Extended $ 129,055 $ 134,521 $ (5,466) $ 1,177,907 $ 971,099 Balance Transfers $ 3,678 $ 460 $ 3,218 $ 15,364 $ 23,838 Utility Collections $ 25,613 $ 15,768 $ 9,845 $ 154,189 $ 133,533 Special Assessments $ 379 $ 110 $ 269 $ 6,819 $ 32,446 Miscellaneous Billings $ 86,370 $ 235,586 $ (149,216) $ 804,818 $ 746,088 CNP through Disconnect Collars 13 ‐ 13 53 98 Court Cases ‐ ‐ ‐ ‐ ‐ Tamperings 5 3 2 27 21 Taxes Levied $ 1,070,825 $ ‐ $ 1,070,825 $ 12,183,657 $9,821,008 Billing Adjustments $ 31,192 $ 103 $ 31,089 $ (292,821) $1,278 Total Taxes Collected $ 170,051 $ 101,959 $ 68,092 $ 9,602,416 $9,275,549 Taxes Outstanding $ 931,971 $ 496,126 $ 435,845 $ 5,535,096 $458,831 Payments in Lieu $ 1,500 $ 1,500 $ ‐ $ 9,000 $9,000 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% 99.8% ‐ 99.7% 99.8% Deliquent Accounts Collected 99.7% 99.7% ‐ 99.7% 99.7% City Manager’s Monthly Report, December 2010 5

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HUMAN RESOURCES Customer Service Contacts Payroll Hours 700 9,000 600 8,000 500 7,000 400 6,000 5,000 300 4,000 200 3,000 100 2,000 0 1,000 Dec Jan Feb M ar Apr M ay Jun Jul Aug Sep Oct Nov Dec 0 09 10 10 10 10 10 10 10 10 10 10 10 10 Dec Jan Feb M ar Apr M ay Jun Jul Aug Sep Oct Nov Dec 30 25 20 25 68 55 50 42 103 150 134 38 12 09 10 10 10 10 10 10 10 10 10 10 10 10 Cit izens Assisted Employees Assisted 65 75 37 70 97 172 85 78 79 97 68 135 75 Overtime 1,564 3,293 1,556 1,415 1,602 1,316 1,779 1,874 1,257 1,257 1,049 593 1505 Applicat ions Processed 0 0 35 0 2 0 75 4 482 259 273 3 0 Sick 2,018 4,832 2,173 3,320 1,969 961 732 1,749 1,466 1,393 1,300 1,451 1896 Dec Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Category Total 09 10 10 10 10 10 10 10 10 10 10 10 10 * Caucasian 322 320 320 318 315 315 315 314 314 315 319 312* 311 N/A * Minorities 61 61 61 61 61 62 63 62 62 62 62 61* 61 N/A Hired 1 1 ‐ 1 ‐ 2 2 ‐ 2 1 4 1 ‐ 15 Terminated/Resigned/ 2 4 ‐ 3 4 1 1 2 2 1 ‐ 3 1 24 Retired Promoted ‐ 1 2 1 6 3 ‐ 1 ‐ ‐ ‐ ‐ ‐ 14 Jobs Posted 3 1 3 3 ‐ 3 ‐ 2 3 4 1 ‐ ‐ 23 Workers Comp. Injuries ‐ 4 2 2 3 4 8 5 6 3 5 2 5 49 Workers Comp. Hours 26 23 50 186 358 299 123 11 9 ‐ 24 65 42 1216 Insurance Claims 2 1 10 9 6 7 10 8 2 8 3 4 8 78 Full‐time Employees: 356 Part‐time Employees: 16 (4 Pitts Center, 1 Recreation, 11 Library) * Total full‐time, Caucasian and Minority employees were adjusted due to an audit of employee information. Numbers do not reflect, temporary, seasonal, relief fire dispatchers, committee or council members. Transfer: MEO II/Sanitation to MEO II/Streets Terminated/Resigned/Retired: Emergency Management Coordinator Unfilled/Open Positions Feb Mar Apr May Jun July Aug Sept Oct Nov Dec By Department 10 10 10 10** 10 10 10 10 10 10 10 Public Utilities 10 13 12 12 11 12 5 3 3 3 4 4 Public Services 3 3 3 4 4 1 2 2 2 1 2 Police 4 4 56 5 5 3 2 2 2 2 3 3 All Other Departments 10 10 10 10 11 12 5 6 6 3 4 4 Totals 27 30 30 31 31 31 13* 13 13 10 12 13 30 *January 2010: Public Services was overstated by one *April 2010: Police understated by one. Six vacancies existed in April. June 2010: One Officer began terminal leave in April. **May 2010: Incorrect numbers reported. One vacant position filled with temp, position included in totals in chart: Central Services *Significant decrease in number of Open Positions due to positions no longer being funded during Budget Process. Public Utilities: Grounds Worker (1), Motor Equipment Operator II/Water (1), Construction & Inspection Manager (1), and Engineering Fieldman Crew Leader (1) Public Services: Emergency Management Coordinator (1), Motor Equipment Operator I (Sanitation) Police: Police Master Corporal (1), Communications Operator (1), and Patrolman (1) All Other Departments: Custodian I (1), Assistant Library Director (1), Programmer Analyst (1), and Sr. LAN Analyst (due to A. Siegel currently acting as IT Director) 6 City Manager’s Monthly Report, December 2010

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HUMAN RESOURCES continued Dec Jan Feb Mar Apr May Jun July Aug Sept Oct Nov Dec Bonus Program Category Total 09 10 10 10 10 10 10 10 10 10 10 10 10 Stop Program‐Sensibly Taking Off Pounds(weigh‐ins) 13 20 ‐ 20 24 41 42 42 29 10 5 13 7 266 Caught Doing it Right‐Promotes employees productivity & 2 1 ‐ ‐ ‐ ‐ ‐ 2 3 1 ‐ 2 63 74 creativity (submissions) Breathe Program‐Rewards for 2 1 ‐ ‐ ‐ 1 1 ‐ ‐ ‐ ‐ ‐ 4 9 ending tobacco use (submissions) Ducs in a Row‐Doing Useful ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ ‐ Community Service (submissions) Workers Comp Injuries 9 8 7 6 5 4 3 2 1 0 Dec‐ Jan‐ Feb‐ Mar‐ Apr‐ May‐ Jun‐ Jul‐ Aug‐ Sep‐ Oct‐ Nov‐ Dec‐ 09 10 10 10 10 10 10 10 10 10 10 10 10 Public Utilit ies Public Services Police Others Public Utilities: 2 Public Services: 2 Police: 1 All Other Depts.: 0 Workers Comp Hours 600 500 400 300 200 100 0 Dec‐ Ja n‐ Feb‐ Ma r‐ Apr‐ Ma y‐ Jun‐ Jul ‐ Aug‐ Sep‐ Oct‐ Nov‐ Dec‐ 09 10 10 10 10 10 10 10 10 10 10 10 10 Public Ut ilities Public Services Police Ot hers Public Utilities: 16 Public Services: 26 Police: 0 All Other Depts.: 0 City Manager’s Monthly Report, December 2010 7

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INFORMATION TECHNOLOGY Service Requests Resolved Citizen Action Center ‐ Customers w/ New Issues 200 182 177 150 127 170 171 124 163 130 153 151 153 153 150 108 150 132 119 120 110 79 90 59 66 100 54 70 44 34 43 37 50 36 32 50 30 0 10 Dec‐ Jan‐ Feb‐ Mar‐ Apr‐ May‐ Jun‐ Jul‐ Aug‐ Sep‐ Oct‐ Nov‐ Dec‐ Dec‐ Jan‐ Feb‐ Mar‐ Apr‐ May‐ Jun‐ Jul‐ Aug‐ Sep‐ Oct‐ Nov‐ Dec‐ 09 10 10 10 10 10 10 10 10 10 10 10 10 09 10 10 10 10 10 10 10 10 10 10 10 10 Programming Requests Completed Page Views ‐ City of Dover Web Page 40 80,000 34 35 70,000 30 25 60,000 Pages View ed 25 22 50,000 20 19 20 20 69,485 16 66,869 40,000 65,764 15 15 60,065 61,049 14 15 11 10 30,000 36,994 38,684 39,610 39,576 35,631 34,959 33,649 10 30,819 20,000 3 5 10,000 0 0 Dec‐ Jan‐ Feb‐ Mar‐ Apr‐ May‐ Jun‐ Jul‐ Aug‐ Sep‐ Oct‐ Nov‐ Dec‐ Dec‐ Jan‐ Feb‐ Mar‐ Apr‐ May‐ Jun‐ Jul‐ Aug‐ Sep‐ Oct‐ Nov‐ Dec‐ 09 10 10 10 10 10 10 10 10 10 10 10 10 09 10 10 10 10 10 10 10 10 10 10 10 10 Same Current Last Performance Indicators Month Month Month Last Year iSeries Availability 100% 100% 100% Server Availability 100% 100% 100% AS/400 Connections N/A N/A N/A (concurrent/authorized users) PCs Supported 339 344 342 Scheduled PCs Replaced ‐ ‐ ‐ Servers Supported 16 16 16 People Trained 12 4 9 Availability Statistics based on 7:00 AM until 5:00 PM Monday—Friday 8 City Manager’s Monthly Report, December 2010

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PARKS, RECREATION & LIBRARY Library Adult Services Children Services 2000 1000 1600 750 1200 500 800 250 400 0 0 Dec- Jan- Feb- M ar- A pr- M ay- Jun- Jul- A ug- Sep- Oct- No v- Dec- Dec- Jan- Feb- M ar- A pr- M ay- Jun- Jul- A ug- Sep- Oct- No v- Dec- 09 10 10 10 10 10 10 10 10 10 10 10 10 09 10 10 10 10 10 10 10 10 10 10 10 10 Reference Reader's A dviso ry Outreach Electro nic A ssistance Reference Reader's A dviso ry Outreach Electro nic A ssistance Reference: 112 Reader’s Advisory: 23 Reference: 98 Reader’s Advisory: 63 Outreach: 0 Electronic Assistance: 42 Outreach: 0 Electronic Assistance: 06 CIRCULATION DECEMBER 10 FYTD 11 DECEMBER 09 FYTD 10 Dover Residents 14,575 103,264 13,727 96,632 Kent County Residents* 13,003 90,494 12,535 93,038 Non‐County Residents 1,433 8,327 1,120 7,292 REGISTRATIONS Dover Residents 161 1,415 155 1,387 Kent County Residents* 62 618 97 882 Non‐County Residents 11 67 20 107 OTHER Visiting Patrons 26,187 186,647 29,111 199,679 Meeting Room Usage 180 1,440 340 1,280 Photocopier Usage 1,150 9,396 1,491 9,788 Dial‐A‐Story 680 7,334 832 8,712 Computer Usage 3,724 27,203 4,103 29,740 Holds (Total) 5,553 40,768 3,031 32,948 *Breakout of Kent County Residential Statistics Circulation Registrations Harrington: 161 Harrington: 1 Smyrna: 645 Smyrna: 2 Milford: 69 Milford: 3 Outside City Limits: 12,128 Outside City Limits: 56 Total Registered Users: (Card Holders) City: 17,325 Kent County: 13,652 Outside Kent County: 1,609 Other Points of Interest: Interlibrary: 3,969 items loaned out Technical services: 1,499 items added 3,105 items borrowed 1,086 items deleted Volunteers: 343 hours of service completed City Manager’s Monthly Report, December 2010 9

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Parks and Recreation Recreation Revenue Recreation Revenue Breakdown $30,000 $ 35,000 $25,000 $ 30,000 $20,000 $ 25,000 $ 20,000 $15,000 $ 15,000 $10,000 $ 10,000 $5,000 $ 5,000 $0 $0 Dec- Jan- Feb- M ar- Apr- M ay- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Dec- Jan- Feb- M ar- A pr- M ay- Jun- Jul- A ug- Sep- Oct- No v- Dec- 09 10 10 10 10 10 10 10 10 10 10 10 10 09 10 10 10 10 10 10 10 10 10 10 10 10 General Rent al Payment s Sports Leagues Trips General: $1,753 Rental Payments: $699 Sports: $1,016 Leagues: $5,783 Trips: $111 Rentals DECEMBER 10 FYTD 11 DECEMBER 09 FYTD 10 Baseball/Softball Field Rentals* ‐ 111 ‐ 108 Dover Park Pavilions (2) ‐ 18 ‐ 18 Multipurpose/Field Hockey Field Rentals* ‐ 54 ‐ 44 Recreation Center – Dover Park 11 109 11 69 Silver Lake Pavilions (2) / Schutte (1) 1 34 1 30 Soccer Field Rentals* ‐ 9 ‐ 10 Stage – Mobile Platform 4 19 3 16 *These numbers reflect groups that utilized our facilities during December. Program Attendance* DECEMBER 10 FYTD 11 DECEMBER 09 FYTD 10 Soul to Sole Line Dancing No December 2010 program 2 10 *This number reflects activities that took place in December. (Not included on the JWP report.) Pitts Center ‐ Total Program Attendence FREE Open Gym Registration Cards* ‐ through 12/31/2010 Total Cards Issued: 3,969 20,000 City Residents: 1,803 ‐ (45%) Non‐City Residents: 2,166 ‐ (55%) ‐ Kent County: 1,747 ‐ (44%) 12,043 15,000 # of people ‐ Sussex County: 141 ‐ (3%) 10,000 7,374 7,614 ‐ New Castle County: 96 ‐ (2%) 6,082 5,753 ‐ Out of State: 182 ‐ (5%) 3,329 3,886 5,000 2,307 2,995 2,447 2,018 2,041 1,340 *The cards permit entrance to the facility during 0 scheduled Public Gym Periods at no charge. Dec- Jan- Feb- M ar- A pr- M ay- Jun- Jul- A ug- Sep- Oct- No v- Dec- 09 10 10 10 10 10 10 10 10 10 10 10 10 10 City Manager’s Monthly Report, December 2010

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PUBLIC SERVICES Administration Administrative review and inspection services continued on all residential and commercial developments. The following residential subdivisions are in various phases of construction: Oak Shadows Emerald Pointe Lexington Glenn Village of Westover (Phase VI) Farthing Woods Nottingham Meadows Stoney Creek (Phase II) Clearview Meadows Village of Cannon Mill Somerset Park Patriot Village Eden Hill (Residential) Sanitation Sanitation Hours Monthly Total Refuse (Tons) 1200 1,109 1,500 1000 987 1,002 1,029 1,028 983 1,018 972 778 1,000 919 919 904 800 815 774 596 636 569 600 499 522 401 470 439 351 500 408 400 318 354 359 353 233 251 226 167 200 58 38 8 20 ‐ 0 Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Bulk Collection Mechanized Hand Trash Container Electronic Goods 09 10 10 10 10 10 10 10 10 10 10 10 10 Collection Collection Repair/Delivery Pickup Bulk Automated Dec 10 Dec 09 DECEMBER 10 FYTD 11 DECEMBER 09 FYTD 10 Trips to DSWA Sandtown Landfill 209 1,446 241 1,451 Total Tonnage to DSWA 999.33 7,519.43 1,305.16 8,133.56 90‐Gallon Containers Delivered 20 127 33 186 300‐Gallon Containers Delivered 4 27 ‐ 22 Total Man Hours ‐ Containers Delivered 58 312 38 224 CURBSIDE RECYCLING TOTAL # OF TOTAL # OF WEIGHT/LBS. AVG. LBS. STATS HOUSEHOLDS ACCOUNTS DECEMBER 2010 18,193 7,821 272,440 14.97 City Manager’s Monthly Report, December 2010 11

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STREETS DECEMBER 10 FYTD 11 DECEMBER 09 FYTD 10 Signed Installed 5 121 4 111 Signs Repaired 10 99 19 80 Curbs Painted Yellow (Ft.) ‐ 833 ‐ 240 New Post Installed 10 50 3 40 Storm Catch Basins Repaired 2 30 ‐ 5 Storm Catch Basin Repairing (Hrs.) 8 196 ‐ 44 Hot Mix Patching (Tons) 1 93 ‐ 651 Hot Mix Patching (Hrs.) ‐ 348 ‐ 1,114 Cold Mix Patching Hrs.) 18 152 32 132 Concrete Work (Hrs) 5 221 ‐ 150 Concrete Patching (Cubic Yards) 2 37 ‐ 12 Street and Alley Maintenance (Hrs) 141 934 157 862 Ditch Work (Hrs). ‐ 65 ‐ 22 Street Sweeping (Miles) ‐ 5,374 159 6,033 Street Sweeping (Cubic Yards) ‐ 1,239 37 1,033 Leaves Collected (Cubic Yards) 2,950 5,500 1,300 10,586 Leaf Collection (Miles) 1,637 5,325 830 5,137 GROUNDS ‐ Arborist Crew DECEMBER 10 DECEMBER 09 Trees Trimmed 47 38 Trees Removed 57* 16 – *Seventeen of the removals were the last of the 29 trees removed along the Puncheon run stream to make way for a channel to be dug by the Soil Conservation Service. The remaining removals were mostly dead trees in the woods at Dover Park. – Assisted with setting the two floating Christmas trees on Silver Lake and Mirror Lake. Beautification Crew – Planted the last of the tulips, hyacinth and daffodil bulbs in the annual beds. – Assisted with the work along the Puncheon Run and the dead trees at Dover Park. Grounds Maintenance/Mowing Crews – Continued leaf collection at City Hall, on the Plaza, Weyandt Hall and the Library, Governor’s Mansion Island and The Green. – Assisted with tree removals at the Puncheon Run stream project and dead trees at Dover Park. th th – Snow removal on December 16 after 2” of snow and on December 26 after a 6‐7” snow. Special Projects Crew – Planted, staked, and mulched five trees in the Mayfair/Crossgates Park. – Assisted with tilling the annual beds and planting tulip and hyacinth bulbs in all 48 annual beds. – Assisted with the removal of trees along the Puncheon Run stream. 12 City Manager’s Monthly Report, December 2010

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Economic Development UNEMPLOYMENT RATES DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT Nov Dec 09 10 10 10 10 10 10 10 10 10 10 10 10 City of Dover 8.8% 9.8% 10.3% 9.4% 9.4% 9.4% 10.2% 9.8% 10.2% 10.1% 10.3% 10.1% Pending National & State averages (US‐9.8% & State‐8.4%) Source: State of Delaware Department of Labor Number of contacts made with small businesses and with out‐of‐town companies interested in locating to Dover. TYPE YTD Contacts Made Small Businesses 11 Out‐of‐town Companies 10 Staff participated in a press conference announcing the Kent County Open for Business Program. Worked with DEDO to coordinate a presentation and site vision for a company considering opening a call center in Do‐ ver. Met with residents from Mild Meadows to provide an update on the status of the Solar Park project. Staff attended the Sustainable Energy Conference at the University of Delaware. Downtown Dover Partnership Outcomes from the MPO/DDP Planning Charette were shared with DDP Board of Directors, including renderings for po‐ tential building improvements on three properties in the heart of the downtown district (former ACME site, 22‐24 W. Loockerman Street, and the Collegian site). Board members identified the priorities for addressing the charette outcomes: (1) 22‐24 W. Loockerman Street; (2) Development of a district parking solution; (3) the redevelopment of the former ACME site. The 3rd Annual Home for the Holidays parade and First Friday was held on December 3 and December 4. Downtown merchants reported a very successful weekend for sales on both days. Free metered parking was available in the Bradford Street lot during the month of December. DDP distributed approximately 2,000 party favors during the annual First Night celebration on December 31. City Manager’s Monthly Report, December 2010 13

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Life Safety Inspections DECEMBER 10 FYTD 11 DECEMBER 09 FYTD 10 Fire Protection Inspections (new & existing) 54 349 11 168 Fire Code Inspections 44 679 63 411 Inspection Deficiencies 57 699 51 502 Certificate of Occupancy 5 38 7 56 Non‐Inspection Hours Office 174 635 122 685 Meetings 50 260 42 253 Plan Review 54 255 60 349 Training ‐ 202 ‐ 362 Fire Investigations 9 86 45 175 Damage Cost Accidental $7,000 $ 68,950 $190,000 $341,000 Incendiary ‐ $192,550 ‐ $132,500 Undetermined $ 300 $ 22,600 $ 10,000 $ 29,000 Permitting and Inspections Permits Issued DECEMBER 10 FYTD 11 DECEMBER 09 FYTD 10 Administrative Permit ‐ 12 4 15 Building Addition/Renovation Permits 34 323 24 267 Building Permits 5 72 2 59 Demolition Permits 1 13 3 24 Fence Permits 2 41 ‐ 47 Fire Prevention Permits 6 40 7 40 Mechanical Permits 23 154 12 227 Plumbing Permits 34 284 27 288 Sign Permits 14 119 11 136 Swimming Pool Permits ‐ 2 ‐ 1 Licenses Issued Business Licenses 28 1,487 56 1,132 Merchant Licenses 1 272 2 271 Contractor Licenses 20 770 20 688 Lodging House Licenses ‐ ‐ 24 25 Mobile Homes 1 229 ‐ 346 Public Occupancy 2 34 165 184 Rental Dwelling 1 64 664 766 Building Inspections Permits Issued DECEMBER 10 FYTD 11 DECEMBER 09 FYTD 10 Building 471 2,369 393 2,390 Plumbing/Mechanical 331 2,352 161 1,730 Certificate of Occupancy 17 120 16 158 14 City Manager’s Monthly Report, December 2010

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Geographic Information Systems (GIS) – Mapped all coin operated vending machine locations. – Prepared street and address for Dover PD and Police Beat maps. – Made corrections and additions to the Water System per GPS points collected by the Water Department. – Created and printed numerous maps, banners and posters for Downtown Dover Partnership. – Created maps in preparation of Christmas weekend snow storm. Dangerous Building/Demolition Status – December 2010 66 Washington Street  Declared dangerous by City Council on October 12, 2009.  Building permit obtained by property owner on February 5, 2010 and expired on August 5, 2010 with no inspections scheduled or completed in relation to the building permit.  City will proceed with notifying property owner of our intent to conduct an asbestos survey and abatement and will secure bids for demolition.  Demolition bids were received on December 7, 2010. Low bid authorized by City Manager.  Demolition has been scheduled for January 2011. 715 Slaughter Street (Complete ‐ No Further Action Required)  Declared dangerous by City Council on May 24, 2010.  Asbestos survey & report completed on October 1, 2010.  Asbestos abatement and removal completed on October 7, 2010.  Bids received on October 13, 2010.  Public Service Manager is awaiting receipt of bids from the City’s Contract and Procurement Manager. Low bid from Sunnyfield Contractors in the amount of $2,950.00 approved by City Manager on October 19, 2010.  Demolition was completed in November 2010. Paperwork to place lien on the property has been forwarded to Administrative Services. Total cost was $7,598.75. 628 N. West Street (Complete ‐ No Further Action Required)  Pool declared dangerous by City Council on August 23, 2010.  Demolition quotes received on October 12, 2010.  Low quote is currently being reviewed. Low bid from Sunnyfield Contractors in the amount of $3,900.00 has been submitted to the City Manager for Authorization to Purchase.  Demolition was completed in November 2010. Paperwork to place lien on the property has been forwarded to Administrative Services. Total cost was $3,900.00. 749 West North Street  Declared dangerous by City Council on October 25, 2010.  Asbestos survey was conducted in December 2010.  Asbestos abatement was scheduled for January 2011.  Demolition bids are due in January 2011. 301 South Governors Avenue  Declared dangerous by City Council on October 25, 2010.  Asbestos survey was conducted in December 2010.  Asbestos abatement will be done in January/February 2011.  Demolition bids will be solicited in January 2011. 35 North New Street  Declared dangerous by City Council on November 22, 2010.  Asbestos survey will be scheduled for January 2011.  Demolition bids will be solicited in January 2011. City Manager’s Monthly Report, December 2010 15

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PUBLIC UTILITIES Electric System Peak Total System Load 200.0 100,000 85,805 164.1 164.0 78,221 90,000 160.2 74,934 155.7 80,000 66,117 66,434 63,373 63,563 60,764 128.1 150.0 70,000 56,857 57,103 56,052 52,792 54,090 112.9 60,000 103.7 107.0 104.0 107.7 104 98.1 94.75 50,000 100.0 40,000 30,000 20,000 50.0 10,000 Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 09 10 10 10 10 10 10 10 10 10 10 10 10 09 10 10 10 10 10 10 10 10 10 10 10 10 Outages Customers of Gained/Lost 35 7,000 60 52 30 6,000 50 48 25 5,000 40 Outages Customers 20 4,000 30 15 3,000 24 10 2,000 20 13 11 11 10 5 1,000 9 9 8 10 7 5 3 0 0 0 Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 09 10 Outages: 10 10 610 10 10 Customers: 10 10 1015410 10 10 Outages Customers 09 10 10 10 10 10 10 10 10 10 10 10 10 Electric Monthly Outage Report The annual outage goal will be less than 295 minutes per customer, which is a Delaware Standard. This will be measured by calculating the System Average Interruption Duration Index. FY 11 YTD FY 10 FY 09 77.47 160.14 155.17 Controllable Outages Average Response Time Annual goal is less than 40 Goal is less than 30 minutes Month Year‐to‐date Month Year‐to‐date 1 25 30.3 Minutes 37.7 Minutes 16 City Manager’s Monthly Report, December 2010

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Electric Engineering Design Major Program Updates Dec 10 Dec 09 DIFF FY11 YTD FY10 Extensions Design Completed Within 30 days 0 0 ‐ 0 3 of complete Submission New Underground Installation % Completed New Underground Installation % Completed  Kent General Hospital Ongoing  Farthing Woods Ongoing  Crossgates Development Ongoing  Buchanan Acres Ongoing PROGRAM UPDATES Dec 10 Dec 9 FY11 YTD Tree Trimming 472 177 1292 Number of Oil Releases 0 0 2 Lost Time Accidents – All Electric Utility Divisions 0 0 0 New Services 8 7 67 Major Goals Completed in the Past Two Months  Governor’s Ave City Manager’s Monthly Report, December 2010 17

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Water/Wastewater Water Production/Billed Consumption/Flow to Kent County 300,000,000 250,000,000 200,000,000 150,000,000 100,000,000 50,000,000 0 Dec 09 Jan 10 Feb 10 Mar 10 Apr 10 May 10 Jun 10 Jul 10 Aug 10 Sep 10 Oct 10 Nov 10 Dec 10 Total Water Prod. Billed Consumpt. Total Flow to County City Readings ENGINEERING SUMMARY DECEMBER DECEMBER Major Program Updates DIFF FY11 YTD FY10 10 09 State and Federal Violations 0 violations 0 violations ‐ ‐ ‐ Water Quality Complaints 2 5 ‐3 77 139 3 Plan Review Completed Within 30 days of 11 plans 14 plans plans 94% 98% Submission 91% 100% Field Inspection Response within 48 hours of 100% 100% ‐ 100% 100% Request Major Goals Completed in the Past Two Months  All water main installation was completed for East of North State Street Phase “A” Water Main Replacement. OPERATIONAL SUMMARY Task DECEMBER 10 DECEMBER 09 Current FY Water Production – Daily Average 3,896,742 3,264,742 919,641,000 Average Field Response Time (goal is < 30 minutes) 17.7 15.8 20.5 Water Mains Repaired 5 3 14 Water Service Lines Repaired 2 1 12 Wastewater Mains Repaired 1 ‐ 5 Wastewater Service Lines Repaired ‐ 1 4 Sewer Lines Flushed – Linear Feet 41,892 82,352 493,127 Percentage of Flow Sent to Kent County vs. Gallons Billed 125% 130% 105% (inflow/Infiltration monitoring) Total Water Meters in City Distribution System 13,888 13,764 60 Lost Time Accidents – All Water/Wastewater Divisions 1 ‐ 2 18 City Manager’s Monthly Report, December 2010

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CITY PLANNER’S MONTHLY REPORT Public Services Group P.O. Box 475 Dover, DE 19903 Phone: (302) 736-7010 Fax (302) 736-4217 December 2010 EDEN HILL FARM TND Follow-up inspections were completed for the townhouse units issued Temporary Certificates of Occupancy in November; however, all conditions of compliance were not satisfied as Ann Moore Park remained incomplete at the time of inspection. For the Residential District of Eden Hill Farm Traditional Neighborhood Design a total of 42 dwelling units are complete of the 51 permits approved for dwelling units. No additional permits were filed in December only revisions to two previously issued permits. Construction activity began on a series of seven townhouse units on South Greenberry Lane where permits were previously issued. An Administrative Plan (MI-10-20) was filed for review on December 10th pertaining to lot revisions in a portion of Phase 2 of the Residential District. The proposed revisions focused on conversion of townhouse lots to a width of 20 feet and the conversion of some single family dwelling lots to duplex lots (as allowed by the Planning Commission). Staff began review of this plan submission for compliance with the Pattern Book guidelines and anticipates issuing review comments in early January. In December, 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. Planning Staff conducted research in regards to development of a series of text amendments relating to solar and wind energy systems. Staff is also working on a draft text amendment for the application processing provisions of Zoning Ordinance, Article 10. A draft Table of Contents for the update to the Design Standards and Guidelines for the Historic District Zone was presented to the Historic District Commission for review and comment at their December meeting. In January, Staff will begin working on the document layout and section formatting for the new document. Other Activities New Dover High School Project - Planning Staff continues to be involved in the various planning discussions related to the new Dover High School project proposed to be constructed on the south side of Forrest Avenue (Route 8). Meetings have been held with the Capital School District and their design professionals (architects, engineers, construction managers, etc.), the developer of the adjacent property to the west (Rinnier Development), and DelDOT. This project is one of the largest development projects (in building size, site acreage, and infrastructure needs) to be reviewed in the City in recent years. The Conditional Use Site Development Master Plan for Dover High School (C-10-05) was granted conditional approval at the Planning Commission meeting of December 20, 2010. Planning Staff anticipates significant coordination and review over the upcoming Winter and Spring 2011 in order to meet the proposed construction timing of the project.

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PERMITTING AND LICENSING REVIEW The Planning Staff is part of the Building Permit review process. Our activities involving reviewing specific types of permit applications for compliance with the Zoning Ordinance and for compliance with any conditions of approval from the Planning Commission, Board of Adjustment, or Historic District Commission. Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- Dec- # 10 10 10 10 10 10 10 10 10 10 10 Reviewed (Issued) YTD Building 16 15 30 22 40 51 79 29 19 56 21 378 Additions/Renovations/ Shed/Deck Permits Building Permits 12 10 9 5 8 6 5 7 13 9 12 3 99 Demolition Permits 3 5 2 2 2 3 2 2 2 2 4 1 30 Fence Permits 4 0 8 16 11 5 12 9 5 7 4 2 83 Sign Permits 12 10 12 5 11 7 11 6 7 13 8 7 109 Temporary Sign 7 3 9 4 8 4 6 5 6 5 6 3 66 Permits Swimming Pool 0 0 0 2 2 4 2 0 0 0 0 0 10 Permits Certificate of 6 6 9 11 24 28 13 31 19 8 16 17 188 Occupancy Total # Permits 60 49 49 75 88 97 102 139 81 63 106 54 963 Reviewed (Issued) CODE ENFORCEMENT Case Type # cases # cases % staff % staff current month YTD initiated initiated YTD current month No valid rental permit 4 88 75% 94% No valid building permit 8 40 88% 78% Tall grass and weeds 2 505 50% 56% Unregistered vehicle 1 36 100% 53% Abandoned vehicle 10 88 30% 41% Annual Housing 105 584 95% 97% Inspection CO Inspection – 1 1 100% 100% Planning Property Maintenance – 28 417 32% 47% Exterior Electric Termination 19 252 5% 3% Dover Code of 38 542 68% 39% Ordinances Zoning 3 124 100% 71% Basketball goal 1 26 100% 54% Total Cases 220 2703 Total # of Inspections 415

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COMMUNITY DEVELOPMENT FISCAL YEAR 09-10 CDBG PROJECTS U Homeowner Rehabilitation Program FY09 Four (4) homes are underway (814 River Road, 40 Bertrand Drive, 508 Walker Road and 106 Gordon Place.) CDBG FY10 PROJECTS Habitat for Humanity Buyers are scheduled to go to settlement at the end of January. First State Resource Conservation & Redevelopment Council (RC &D) Emergency repairs have been completed on 7 homes in the City of Dover. Homeownership Assistance Program One client is closing by the end of the month and two are scheduled to close in January. 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. Two properties have been sold, three are for sale, one is under contract, one is a lease purchase and one is a rental that serves persons with disabilities. 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 (under sales contract) 907 Woodcrest Avenue (lease purchase) 302 Stonebrook Place (for sale) 1430 S. Hancock (group home) 11 Westover Drive (for sale) MEETING REPORTS Board of Adjustment: The Board of Adjustment did not meet on December 15, 2010. The next regular scheduled meeting of the Board of Adjustment is scheduled for January 19, 2011. Historic District Commission: The Historic District Commission met for the regular meeting on December 15, 2010 and took the actions listed below. The next regular Historic District Commission meeting is scheduled for January 20, 2011 1. HI-10-11 Parking Lot on West Water Street: Renovation and Addition – Moved to approve to include Staff recommendations and the addition of the north/south sidewalk entrance along Water Street. With regards to hedges versus the planting of trees, hedges are a public safety point of view where hedges are not a good thing and are a maintenance hassle. He would also recommend approval of the Architectural Review Certificate. Planning Commission The Planning Commission met on December 20, 2010 and took the actions summarized listed below. The next scheduled Planning Commission meeting is scheduled for January 18, 2010. 1. MI-10-17 Text Amendments to the Zoning Ordinance: Maintenance of Private Streets in MHP - Moved to forward a recommendation of approval to City Council. 2. MI-10-18 Text Amendments to the Zoning Ordinance: Permitted Uses - Moved to forward recommendation of approval to City Council with the added language to exempt interment structures unless they are abutting a residential area or would present an obstruction and sight distance issue at an

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intersection. 3. MI-10-19 Request for Alley Abandonment: Portions of Loockerman Street Alley South - Moved to forward a recommendation of approval to City Council to include the additional revised comments from the City of Dover Public Utilities Department. 4. S-10-31 William Henry Middle School/ Booker T. Washington Elementary School/ Kent County Community School Site Improvements – Moved to approve with the acceptance of the DAC comments and approval of the waiver for partial elimination of the curbing requirement and the elimination of the opaque barrier fence component. 5. C-10-05 New Dover High School – Moved to approve to include approval of the Site Development Master Plan with phases identified in the plan submission. Also, to include as conditions of the approval the DAC comments of record and specifically noting Items #1 and #2 relating to the timing of the interconnection to Tribbitt Street. Action for approval on the waiver requests for partial elimination of curbing, elimination of the fence component opaque barrier requirement, and alternative sidewalk construction material. The motion would not include the waiver for hot mix asphalt in the ten foot wide areas; however, that all the sidewalk construction be made of concrete. The project meets the Superior Urban Design Standards architecturally. With regards to the Campus Parking Plan, Staff supports the 840 parking spaces and would be accepted. Approval of two loading berths, tree density, and buffer requirements as the determination of whether the vegetation buffer shown on the landscape plan are appropriate and sufficient based on what the Board of Adjustment granted in terms of a variance, Staff believes that they are. Approval of tree mitigation and the recommendation to City Council to reduce the right-of-way from sixty (60) feet to fifty (50) feet in certain areas Submitted by: Ann Marie Townshend, AICP Planning & Community Development Director

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Date Range: From 12/ 01/ 2010 to 12/ 31/ 2010 Incidents by Situation Found Dover Fire Department Situation Found 20 Fire Overpressure Rupture, Exp 1 Overpressure Rupture, Exp Rescue & Emergency Medica 1 Rescue & Emergency Medica Hazardous Condition (No F 10 Hazardous Condition (No F 7 Service Call 13 Good Intent Call Fire 29 False Alarm & False Call 0 Severe Weather & Natural 0 Special Incident Type 0 Blank Service Call Severe Weather & Natural Special Incident Type Blank Good Intent Call False Alarm & False Call Date: 01/24/2011 Page: 1

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Date Range: From 12/ 01/ 2010 to 12/ 31/ 2010 Manpower Hours by Sitation Found Dover Fire Department Num ber of Hours by Situation Found Sum of # Attending X Incident Length Rescue & Emergency Medica Hazardous Condition (No F 81 Fire Overpressure Rupture, Exp 8 Overpressure Rupture, Exp 2 Rescue & Emergency Medica 33 Hazardous Condition (No F 112 Service Call 63 Good Intent Call Fire 105 False Alarm & False Call 0 Severe Weather & Natural 0 Special Incident Type Service Call Severe Weather & Natural Special Incident Type False Alarm & False Call Good Intent Call Date: 01/24/2011 Page: 1

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Date Range: From 01/ 01/ 2010 to 12/ 31/ 2010 Alarms by Month of Year Dover Fire Department 95 96 100 95 86 90 81 85 79 79 77 75 80 71 75 69 70 63 60 65 60 55 50 45 40 35 30 25 20 15 10 5 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Date: 01/24/2011 Page: 1

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Date Range: From 12/01/2010 to 12/31/2010 Incident Run Log Company: All Companies Dover Fire Department Sorted by: Incident Number Date FDID Incident# Alarm ### Address Suite Type 12/01/2010 30046 2010-000851 13:10 SCARBOROUGH RD Dispatched & canceled en route RECEIVED A CALL REPORTING A VEHICLE FIRE AS A RESULT OF AN MVC. DPD UNITS ARRIVED ON SACENE AND ADVISED NO NEED FOR FIRE DEPT UNITS. 12/01/2010 30046 2010-000852 18:42 2030 GENERALS WAY B Cooking fire, confined to container UNATTENDED COOKING/NO EXTENSION. TURNED OVER TO BUILDING MAINTENANCE. 12/01/2010 30046 2010-000853 23:39 1200 N DUPONT HWY Alarm system activation, no fire - unintentional STUDENTS BURN'T POPCORN. CONTACTED BY OFFICER CHERRY DSU SECURITY. NOTIFIED DEPUTY CHIEF CAREY OF THE SAME. 12/02/2010 30046 2010-000854 14:21 227 CARROLLS PLAZA Gasoline or other flammable liquid spill Fuel Line Leaking. FD provided stay dry and reconected the fuel line 12/02/2010 30046 2010-000855 23:20 228 W LOOCKERMAN ST HazMat release investigation w/no HazMat RECEIVED A CALL REPORTING AN ODOR OF GAS AT THE ABOVE ADDRESS. AN INVESTIGATION FOUND THAT A KEROSENE HEATER IN THE MERCANTILE ON DIVISION 1 WAS THE SOURCE OF THE ODOR. 12/03/2010 30046 2010-000856 08:59 655 N DUPONT HWY Steam, vapor, fog or dust thought to be smoke call for a general fire alarm at the above address. Prior to dispatch, an employee called DFD direct and advised that the heat was turned on for the first time in the laundry room which set off a detector. Dispatch contacted Dover 18 who advised dispatch to notify and FM. FM2 notified and handled the same. 12/03/2010 30046 2010-000857 11:08 1016 Wyoming mill rd Combustible/flammable gas/liquid condition, other Call for a washdown, result of an MVC 12/04/2010 30046 2010-000858 08:30 224 KESSELRING AVE Carbon monoxide detector activation, no CO BATTERY NEEDED CHANGING ON CO DETECTOR. 12/04/2010 30046 2010-000859 08:49 10 FAIRWAY LAKES DR B Cooking fire, confined to container UNATTENDED COOKING APT B22. 12/04/2010 30046 2010-000860 16:29 120 N STATE ST Cooking fire, confined to container UNATTENDED COOKING APT 314. 12/05/2010 30046 2010-000861 00:27 1200 N DUPONT HWY False alarm or false call, other DISPTACHER CHERRY CANCELLED DOVER F.D. SHE ADVISED DSU OFFICERS INVESTAGATEDTHE ALARM MALFUNCTION AND PULL STATION WITH NEGATIVE RESULTS. 12/05/2010 30046 2010-000862 10:09 272 TROON RD Alarm system activation, no fire - unintentional ACCIDENTAL ACTIVATION. 12/05/2010 30046 2010-000863 11:13 318 CRICKLE CREEK LN Alarm system activation, no fire - unintentional ACCIDENTAL ACTIVATION. 12/05/2010 30046 2010-000864 20:41 1200 N DUPONT HWY System malfunction, other call for a general fire alarm at the warren franklin building. security called after the alarm company advising they were checking the building. dispatch contacted security at the time limit and they advised that the fd was not needed. 12/05/2010 30046 2010-000865 21:57 1200 N DUPONT HWY False alarm or false call, other call from Advantech with a fire alarm at Warren Franklin, DSU security was calling at same time to advise they were checking the building. on call back security advised a subject using a hair dryer in room 22C set off the system, no need for fd 12/06/2010 30046 2010-000866 18:52 145 HAMAN DR Cooking fire, confined to container Dover Fire Dispatch received notification for a oven fire contained to the unit in apartment 301 of building 146 Haman Drive. Engine 2 responded under the Command of Asst. Chief Mullaney to find nothing evident from a 3 story multi family dwelling. Engine 2's crew investigated with the assistance of Ladder 2's crew. Ladder 2 Officer, Deputy Chief Carey reported the situation was under control and positive pressure was needed. Engine 2's crew set positive pressure up at the main entrance door. Engine 6 returned. Writer had a face to face with Ladder 2 Officer and it was reported that the fire was contained to the oven unit with no extension and that the tenant of the apartment removed an element from the oven itself. This was taken out of the apartment by Ladder 2 officer and placed outside the building. All units cleared the scene after positive pressure was secured. The alarm was still sounding and the tenants were awaiting Maintenance. 12/06/2010 30046 2010-000867 20:49 45 S STATE ST Dumpster or other outside trash receptacle fire Dover Fire Dispatch received notification of a dumpster fire at 45 S. State Street outside the City of Dover Public Library. Engine 2 responded under the Command of Asst. Chief Mullaney to find a large City of Dover Trash Container fully involved. Engine 2's crew placed the front bumper 1 3/4 handline into service and extinguished the same. Writer notified Dover Fire Dispatch to have the on call fire marshal make a response. Engine 6 under the Command of Asst. Chief O'Connor returned. Engine 2's crew conducted overhaul to ensure the dumpster was completely extinguished. Engine 2 awaited arrival of FM2. Engine 2 cleared the scene turning the scene over to FM2. 12/07/2010 30046 2010-000868 00:42 1200 N DUPONT HWY Alarm system sounded due to malfunction ALARM MALFUNCTION 12/07/2010 30046 2010-000869 02:08 1200 N DUPONT HWY Alarm system sounded due to malfunction ALARM MALFUNCTION 12/07/2010 30046 2010-000870 20:02 131 SAM WILSON LN Cover assignment, standby, moveup Date: 01/24/2011 Page: 1 Time:12:40

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Date FDID Incident# Alarm ### Address Suite Type RIT ASSIST SYAYION 54. 12/08/2010 30046 2010-000871 09:34 720 VINE ST Smoke or odor removal RESPONDED TO THE ABOVE ADDRESSS FOR A REPORT OF AN ODOR OF SMOKE AND VISIBLE SMOKE INSIDE THE RESIDENCE. AN INVESTIGATION FOUND NO EXACT CAUSE FOR THE ODOR. THE RESIDENT WAS ADVISED TO CONTACT A COMPANY TO REPAIR/INSPECT HIS HEATER. 12/08/2010 30046 2010-000872 13:54 280 ROSE VALLEY SCHOOL RD Authorized controlled burning RESPONDED TO THE ABOVE ADDRESS FOR A REPORT OF AN DITCH ON FIRE. AN INVESTIGATION FOUND THE PROPERTY OWNER WAS BURNING OFF SCRUB IN THEIR DITCH. THEY WERE ADVISED OF PROPER PROCEDURE. 12/08/2010 30046 2010-000873 14:06 COLLEGE RD Steam, vapor, fog or dust thought to be smoke RESPONDED TO THE ABOVE INTERSECTION FOR A REPORT OF A VEHICLE FIRE. UNITS ARRIVED ON SCENE TO FIND A TWO-VEHICLE MVC/ NON-INJURY. NO FIRE CONDITION WAS FOUND. THE AIR-BAG DUST WAS BELIEVED TO HAVE BEEN MISTAKEN FOR SMOKE. 12/08/2010 30046 2010-000874 15:15 51 WEBBS LA K Cooking fire, confined to container RESPONDED TO THE ABOVE ADDRESS FOR A REPORT OF A BUILDING FIRE. AN INVESTIGATION FOUND SMOKE FROM FOOD WASTE IN THE OVEN CREATED A SMOKE CONDITION. 12/08/2010 30046 2010-000875 20:09 MORIARTY ST N/O S LITTLE CREEK Cooking fire, confined to container SMALL GREASE FIRE EXTINGUISHED BY HOMEOWNER. OUT ON ARRIVAL. NO OTHER SERVICES REQUIRED. 12/09/2010 30046 2010-000876 13:42 582 ROBERTA AVE Arcing, shorted electrical equipment RESPONDED TO THE ABOVE ADDRESS FOR A REPORT OF WIRES ARCING IN AN ELECTRICAL OUTLET. ELECTRIC WAS SECURED AND AN ELECTRICIAN WAS CALLED TO FIX THE PROBLEM. 12/09/2010 30046 2010-000877 15:56 508 ACORN LA Natural vegetation fire, other 12/09/2010 30046 2010-000878 22:36 19 N GOVERNORS AVE Central station, malicious false alarm MULTIPLE PULL STATIONS IN PARKING GARAGE. SECURITY HAD RESET SYSTEM PRIOR TO OUR ARRIVAL. 12/10/2010 30046 2010-000879 10:03 115 N AMERICAN AVE Smoke detector activation due to malfunction Call from Harrington Realty (3rd party) advising tennants called them to advise that the fire alarm was sounding. They advised to avacuate and called us. Engine 2 made a response and found a smoke detector malfunction. FM 2 on scene 12/10/2010 30046 2010-000880 20:55 350 PEAR ST Cooking fire, confined to container RESPONDED TO THE ABOVE ADDRESS FOR A REPORT OF AN AUTOMATIC FIRE ALARM ACTIVATION. AN INVESTIGATION FOUND THAT OVERCOOKED POPCORN IN THE MICROWAVE CAUSED A SMOKE DETECTOR TO ACTIVATE. 12/11/2010 30046 2010-000881 11:37 1300 S FARMVIEW DR D Vicinity alarm (incident in other location) Call for an alarm sounding with no signs of fire or smoke. Engine 6 responded from training to investigate. Upon arrival crews investigated and found unattended cooking in apartment D17 12/11/2010 30046 2010-000882 12:12 20 GLENEAGLES CT Good intent call, other Call for an odor of gas outside the residence. Upon arrival crews checked the area with meteres with negative results. 12/11/2010 30046 2010-000883 13:43 51 WEBBS LA M Vicinity alarm (incident in other location) Call for an alarm sounding at the above address. Crews investigated and found unattended cooking in apartment 7. Left a message for maintenance. 12/11/2010 30046 2010-000884 16:36 10 FAIRWAY LAKES DR O Vicinity alarm (incident in other location) Call for smoke coming from the neighbors apartment. Engine 3 arrived and investigated and found unattended cooking. Positive pressure ventilation utilized. Maintenance notified and responded. 12/11/2010 30046 2010-000885 20:44 950 WHATCOAT DR Smoke detector activation, no fire - unintentional RESPONDED TO THE ABOVE ADDRESS FOR A REPORT OF AN AUTOMATIC FIRE ALARM ACTIVATION. AN INVESTIGATION DETERMINED INDIVIDUALS SMOKING IN THE HALLWAY ACTIVATED A SMOKE DETECTOR. 12/13/2010 30046 2010-000886 15:44 426 S NEW ST Cooking fire, confined to container UNATTENDED COOKING APT 412. 12/13/2010 30046 2010-000887 17:48 101 BABB DR Smoke detector activation, no fire - unintentional Cleaning apartment 2113 which set the detector off in the apartment 12/14/2010 30046 2010-000888 11:49 540 S DUPONT HWY Cooking fire, confined to container UNATTENDED COOKING /NO EXTENSION/ TRIPPED SMOKE DETECTOR/TURNED OVER TO BUILDING MAINTENANCE. 12/14/2010 30046 2010-000889 13:02 1200 N DUPONT HWY Alarm system activation, no fire - unintentional ALARM ACTIVATED IN WARREN/FRANKLIN HALL. SECURITY INVESTIGATED AND ADVISED THEY BELIEVED SOMEONE WAS SMOKING. WE DID NOT RECEIVE ANY CALL FROM ADVANTECH. 12/14/2010 30046 2010-000890 17:11 414 FEDERAL STREET Electrical wiring/equipment problem, other Dispatched to a car fire. Upon arrival, found a 1992 Ford Explorer on the side of the road with it's flashers on, no fire evident. Upon investigation, found slight smoke condition coming from under the dash and hood area. Crews disconnected the battery and smoke condition dispatched. Advised car owner not to reconnect and to have the vehicle inspected by a mechanic. Cleared the scene. 12/15/2010 30046 2010-000891 19:58 10895 WESTVILLE RD Cover assignment, standby, moveup TRUCK COMPANY ASSIST STATION 41 WITH A HOUSE FIRE. 12/16/2010 30046 2010-000892 04:38 220 PEBBLE VALLEY DR Smoke detector activation due to malfunction FAULTY SMOKE DETECTOR IN CRAWL SPACE. 12/16/2010 30046 2010-000893 09:38 25 GREENTREE DR Arcing, shorted electrical equipment RECEIVED A CALL FROM THE ABOVE LOCATION REQUESTING THE FIRE DEPT FOR AN UNKNOWN REASON. DURING THE CALL, THE Date: 01/24/2011 Page: 2 Time:12:40

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Date FDID Incident# Alarm ### Address Suite Type MANAGER CANCELLED THE REQUEST. FM-4 WAS NOTIFIED AND RESPONDED. A COMPRESSOR ARCED CAUSING A SMOKE CONDITION INSIDE THE BUILDING. AN EXTINGUISHER WAS DISCHARGED ON THE ARCING EQUIPMENT. NO FIRE DEPT RESPONSE WAS MADE PER DCC. 12/16/2010 30046 2010-000894 13:45 210 PENN AVE System malfunction, other RESPONDED TO THE ABOVE ADDRESS FOR A REPORT OF AN AUTOMATIC FIRE ALARM ACTIVATION. AN INVESTIGATION DETERMINED THERE WAS A MALFUNCTIONING ALARM SYSTEM IN THE RESIDENCE. NO FIRE CONDITION WAS FOUND. 12/16/2010 30046 2010-000895 14:27 121 DUKE OF YORK Smoke detector activation, no fire - unintentional RESPONDED TO THE ABOVE ADDRESS FOR A REPORT OF AN AUTOMATIC FIRE ALARM. AN INVESTIGATION FOUND THE ELEVATOR TECHNICIAN SPILLED OIL ON A SMOKE DETECTOR ACTIVATING THE ALARM SYSTEM. NO FIRE CONDITION WAS FOUND. 12/16/2010 30046 2010-000896 18:09 426 S NEW ST Cooking fire, confined to container UNATTENDED COOKING. WHILE AT THIS ALARM RECEIVED ANOTHER ALARM WHICH TURNED OUT TO BE A FALSE ALRM. F.M. 4 IS AWARE. 12/16/2010 30046 2010-000897 22:06 1200 N DUPONT HWY Cooking fire, confined to container SMALL GREASE FIRE . SMOKE TRIPPED SMOKE DETECTOR. NO EXTENSION. NEVER RECEIVED A CALL FROM ADVANTECH. 12/17/2010 30046 2010-000898 00:34 1061 S LITTLE CREEK RD Extrication of victim(s) from vehicle REPORTED AS SUBJECT TRAPPED BUT 63 UPON THEIR ARRIVAL ADVISED SUBJECT WAS OUT OF VEHICLE. REDUCED ASSIGNMENT TO E-2 /WITH NO FURTHER ACTION NEEDED.DPD ON SCENE ALSO. 12/17/2010 30046 2010-000899 16:21 400 HASLET ST False alarm or false call, other WATER FLOW CAUSED ALARM TO GO OFF. CITY ELECTRIC CONTACTED TO SECURE THE METER TO THE BUILDING. FM 4 WAS ON SCENE AS WELL 12/17/2010 30046 2010-000900 16:27 1575 MCKEE RD 102 False alarm or false call, other MALFUNCTIONING ALARM 12/17/2010 30046 2010-000901 18:34 506 E LOOCKERMAN ST Good intent call, other RP REPORTED GAS LEAK OUTSIDE OF HER HOUSE. SEWER SMELL WAS CAUSE OF CONCERN. 12/17/2010 30046 2010-000902 18:40 122 DAVIS CIR False alarm or false call, other UNATTENDED COOKING 12/19/2010 30046 2010-000903 00:31 129 WILLIS RD CO detector activation due to malfunction RESPONDED TO THE ABOVE ADDRESS FOR A REPORT OF A CO DETECTOR ACTIVATION. AN INVESTIGATION DETERMINED THE DETECTOR WAS 15 YEARS OLD AND MALFUNCTIONING. NO LEVELS OF CO WERE RECORDED IN THE STRUCTURE. 12/19/2010 30046 2010-000904 00:51 650 BAY RD Electrical wiring/equipment problem, other RESPONDED TO THE ABOVE AREA FOR A REPORT OF SMOKE AND WIRES ARCING. AN INVESTIGATION FOUND A POWER LINE FOR A LIGHT POLE WAS ARCING UNDERGROUND. CITY OF DOVER ELECTRIC WAS NOTIFIED TO HANDLE THE ISSUE. 12/20/2010 30046 2010-000905 08:26 215 THORNTON ST Smoke detector activation due to malfunction ALARM MALFUNCTION 12/21/2010 30046 2010-000906 08:45 104 SAULSBURY RD Electrical wiring/equipment problem, other ELECTRICAL PROBLEM WITHIN THE BUILDING CAUSING A SURGE THAT MELTED SOME SURGE PROTECTORS. SCENE TURNED OVER TO FM 4 AND CITY ELECTRIC. 12/21/2010 30046 2010-000907 22:58 1131 BAY RD LOT 1 Carbon monoxide detector activation, no CO RP believed she had CO in the residence after speaking to her neighbor. She advised she did not have a CO detector; however, her neighbor advised her of the symptoms and both her and her daughter were experiencing them (headaches and nausea). FD made a response as well as BLS. Crews found negative results. BLS received 2 refusals. The daughter was not on site, she was at a grandparents house, she was not checked. 12/22/2010 30046 2010-000908 11:04 426 S NEW ST Cooking fire, confined to container UNATTENDED COOKING IN APT. 203. NO EXTENSION. TURNED OVER TO BUILDING MAINTENANCE. 12/22/2010 30046 2010-000909 13:03 SAULSBURY ROAD Assist police or other governmental agency MINOR LEAK FROM P.D. 10-10. USED STA-DRY. 12/23/2010 30046 2010-000910 01:16 1225 WALKER RD Smoke detector activation due to malfunction ALARM MALFUNCTION, SMOKE DETECTOR #16. 12/23/2010 30046 2010-000911 16:39 515 N DUPONT HWY HazMat release investigation w/no HazMat RESPONDED TO THE ABOVE ADDRESS FOR A REPORT OF A GAS ODOR INSIDE THE STRUCTURE. AN INVESTIGATION FOUND NO ODOR OF GAS OR ANY READINGS ON THE MULTI-GAS METER. STORE MANAGEMENT WAS ADVISED TO CONTACT CHESAPEAKE UTILITIES IF THEY HAD ANY FURTHER ISSUES. 12/24/2010 30046 2010-000912 10:52 203 INGRAM ST Cooking fire, confined to container RESPONDED TO THE ABOVE ADDRESS FOR A REPORT OF AN AUTOMATIC FIRE ALARM ACTIVATION. AN INVESTIGATION FOUND UNATTENDED COOKING WAS THE CAUSE OF THE ACTIVATION. 12/24/2010 30046 2010-000913 11:12 122 DEER TRACK LA Building fire Dover Fire was notified of a kitchen fire at the above property. Dover Engine 2 responded under the command of Asst. Chief Mullaney to find nothing evident from a 1 story single family dwelling. Engine 2's crew investigated to find an extinguished kitchen fire was a small amount of extension to the above cabinets. Postiive pressure was used to remove the smoke condition. Writer made contact with the on call State Fire Marshal Billings and Engine 2 cleared the scene. 12/24/2010 30046 2010-000914 17:17 35 N QUEEN ST Person in distress, other ASSISTED A 63 WITH REMOVING A OBESE PATIENT FROM A BATHROOM. 12/24/2010 30046 2010-000915 19:23 437 TROON RD False alarm or false call, other Date: 01/24/2011 Page: 3 Time:12:40

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Date FDID Incident# Alarm ### Address Suite Type UNATTENDED COOKING 12/25/2010 30046 2010-000916 09:53 75 HARMONY LA Excessive heat, scorch burns with no ignition 12/25/2010 30046 2010-000917 17:25 310 BILLY MITCHELL LA F Smoke detector activation due to malfunction FAulty SMD, scene turned over to maintenance. 12/25/2010 30046 2010-000918 18:36 1679 S STATE ST Cooking fire, confined to container Grease fire on the stove. 12/26/2010 30046 2010-000919 07:25 25 W camden wyoming ave Cover assignment, standby, moveup Ladder company assist station 41 on a working garage fire at the above address. 12/27/2010 30046 2010-000920 11:22 325 Charring cross dr Smoke detector activation due to malfunction Call from DPD (officers on scene) reporting a smoke detector activation at the above address and they could not make entry. The neighbor advised that the resident was out of town. Crews made access to find a malfunctioning smoke detector. Power secured from detector. 12/28/2010 30046 2010-000921 10:16 1506 N LITTLE CREEK RD 1 Hazardous condition, other LOT # 7 HAD A FIRE ABOVE THERE WOOD STOVE ON 12/25. NEIGHBORS PUT THE FIRE OUT. HOME OWNER CONTACTED DFD 12/28 TO HAVE THE HOME CHECK TO SEE IF IT WAS LIVABLE. 12/28/2010 30046 2010-000922 19:19 600 JEFFERIC BLVD Gas leak (natural gas or LPG) Call for a general fire alarm, water flow activation. While en route, dispatch received a call from the hotel advising they had a major gas leak and a sprinkler activation in the kitchen. Crews arrived and confirmed the same. Crews secured the sprinkler system and shut off the gas. They also ventilated the kitchen. All units cleared, Chesapeake was notified and made a response. 12/29/2010 30046 2010-000923 00:04 Pearsons corner rd Cover assignment, standby, moveup RIT/ladder company assist station 51 on a working house fire. 12/29/2010 30046 2010-000924 00:10 141 WILLIS RD Smoke scare, odor of smoke Call for a burning odor inside the residence, believed to be electrical. Crews arrived and investigated to find a malfunctioning heater. Maintenance notified and made a response. 12/29/2010 30046 2010-000925 07:01 866 N DUPONT HWY Unintentional transmission of alarm, other Call for a west wing pull station and water flow activation. Second call attempted to cancel due to false alarm, unknown reason why. Crews arrived on scene and investigated. They found an accidental trip of a pull station, west wing. Subject was turning on lights and struck the pull station. Received a 2nd call after units were in quarters for a general fire alarm. Dover 15 responded and found that they were having trouble resetting the system. 12/29/2010 30046 2010-000926 18:00 N DUPONT HWY Good intent call, other CALL FOR GAS ODOR WAS UNFOUNDED AFTER INVESTGATING THE AERA 12/30/2010 30046 2010-000927 00:05 1365 N dupont hwy Gas leak (natural gas or LPG) Call from Dover Mall security advising a gas leak inside the structure (Boardwalk Fries). Crews arrived on scene and investigated to find all the gas burners were left on in the establishment. Security advised that the establishment just went out of business. Chesapeake also on scene. Crews went under control turning the scene over to Chesapeake. 12/30/2010 30046 2010-000928 12:49 13 80 RIVERCHASE DRIVE Dumpster or other outside trash receptacle fire FIRE CONTAINED TO DUMPSTER. 12/31/2010 30046 2010-000929 13:33 411 S QUEEN ST Cooking fire, confined to container LADY LOCKED HERSELF OUT OF APARTMENT AND LEFT POT ON STOVE. MADE FORCIBLE ENTRY INTO APARTMENT. NO FURTHER ACTION REQUIRED. TURNED OVER TO BUILDING MAINTENANCE. 12/31/2010 30046 2010-000930 13:42 31 RIVERSIDE RD Cooking fire, confined to container COOKING FIRE WITH EXTENSION AND CONSIDERABLE DAMAGE TO CABINETS. FIRE EXTINGUISHED PRIOR TO ARRIVAL. TURNED OVER TO F.M. 2. 12/31/2010 30046 2010-000931 19:37 652 N Dupont Hwy False alarm or false call, other ALARM MALFUNCTION IN THE ELEVATOR ROOM. ALARM COMPANY HAD THE WRONG ADDRESS ON FILE. OCCUPENTS ADVISED PROBLEM WITH THE ELEVATOR ALL DAY LONG Total Incidents: 81

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1:08 PM Robbins Hose Company # 1, Inc. 01/23/11 Profit & Loss Detail Accrual Basis December 2010 Type Date Num Name Memo Clr Split Amount Balance Ordinary Income/Expense Expense Apparatus Repairs & Maintenance Check 12/4/2010 315 Atlantic Emergency ... MBRO664MB... City Fund Acco... 4,997.62 4,997.62 Check 12/4/2010 316 ATCO International Inv 10291454 City Fund Acco... 117.00 5,114.62 Check 12/4/2010 317 Carl King Tire Comp... Tires for Eng 4 City Fund Acco... 2,782.52 7,897.14 Check 12/5/2010 326 Winner Ford Inv S271491- ... City Fund Acco... 480.90 8,378.04 Total Apparatus Repairs & Maintenance 8,378.04 8,378.04 Electricity Check 12/5/2010 318 City of Dover Sta 1- Electric City Fund Acco... 2,878.81 2,878.81 Check 12/11/2010 329 City of Dover Sta 1- Electric... City Fund Acco... 555.37 3,434.18 Total Electricity 3,434.18 3,434.18 Gasoline Check 12/5/2010 321 ESI Equipment, Inc. Inv 10-1671 City Fund Acco... 229.00 229.00 Check 12/18/2010 332 City of Dover Unleaded-Nov City Fund Acco... 230.06 459.06 Check 12/18/2010 332 City of Dover Diesel- Nov City Fund Acco... 891.36 1,350.42 Total Gasoline 1,350.42 1,350.42 Heating Expenses- Gas Check 12/11/2010 328 Chesapeake Utilities Oct to Nov City Fund Acco... 122.06 122.06 Check 12/18/2010 331 Chesapeake Utilities Sta 1-11/3 to ... City Fund Acco... 827.15 949.21 Total Heating Expenses- Gas 949.21 949.21 Office Supplies Check 12/5/2010 324 Rebecca Rollison Office Suplies... City Fund Acco... 11.82 11.82 Check 12/18/2010 332 City of Dover Postage-Nov City Fund Acco... 15.26 27.08 Total Office Supplies 27.08 27.08 Program Expenses Check 12/5/2010 321 ESI Equipment, Inc. Inv 10-1734 City Fund Acco... 1,750.00 1,750.00 Check 12/5/2010 322 Kunkel Auto Supply Inv-056433526 City Fund Acco... 19.10 1,769.10 Total Program Expenses 1,769.10 1,769.10 Radio Repairs Check 12/5/2010 323 Magnum Inv 24440 City Fund Acco... 73.15 73.15 Total Radio Repairs 73.15 73.15 Small Tolls Check 12/5/2010 322 Kunkel Auto Supply Inv-056431168 City Fund Acco... 136.80 136.80 Check 12/5/2010 327 Rommel's ACE Ticket- 20048... City Fund Acco... 332.65 469.45 Total Small Tolls 469.45 469.45 Page 1

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1:08 PM Robbins Hose Company # 1, Inc. 01/23/11 Profit & Loss Detail Accrual Basis December 2010 Type Date Num Name Memo Clr Split Amount Balance Telephone Check 12/5/2010 325 Verizon Wireless Cell Charges-... City Fund Acco... 407.50 407.50 Check 12/18/2010 332 City of Dover Phone- July A... City Fund Acco... 759.31 1,166.81 Total Telephone 1,166.81 1,166.81 Training & Travel Expenses Check 12/5/2010 319 Delaware State Fire ... Inv 11-1638 City Fund Acco... 600.00 600.00 Check 12/5/2010 320 Delaware State Fire ... Inv 11-1762 City Fund Acco... 1,200.00 1,800.00 Check 12/11/2010 330 National Academy of... EFD Certifcati... City Fund Acco... 40.00 1,840.00 Check 12/30/2010 334 Salamander Technol... Inv 7850-Pas... City Fund Acco... 125.00 1,965.00 Total Training & Travel Expenses 1,965.00 1,965.00 Uniforms Check 12/26/2010 333 D.E. Williams Inv 2007816 City Fund Acco... 578.00 578.00 Total Uniforms 578.00 578.00 Water/Sewer Check 12/5/2010 318 City of Dover Water ... City Fund Acco... 185.80 185.80 Check 12/11/2010 329 City of Dover Water/Sewer City Fund Acco... 11.54 197.34 Total Water/Sewer 197.34 197.34 Total Expense 20,357.78 20,357.78 Net Ordinary Income -20,357.78 -20,357.78 Net Income -20,357.78 -20,357.78 Page 2

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FY 10-11 City Funded Account Balance Sheet ACCOUNT BUDGET SPENT BALANCE Apparatus Repairs & Maintenance $ 60,500.00 $ 42,975.43 $ 17,524.57 Gasoline $ 21,000.00 $ 7,415.01 $ 13,584.99 Medical Supplies $ 700.00 $ 700.00 Other Equipment Repairs $ 4,000.00 $ 714.00 $ 3,286.00 Program Expenses $ 34,630.00 $ 7,394.01 $ 27,235.99 Radio Repairs $ 2,000.00 $ 583.17 $ 1,416.83 Safety & Security $ 3,150.00 $ 506.76 $ 2,643.24 Small Tools $ 4,800.00 $ 1,714.90 $ 3,085.10 Uniforms & Firefighting Gear $ 26,100.00 $ 9,330.01 $ 16,769.99 Building Expenses- Electricity $ 53,820.00 $ 26,199.52 $ 27,620.48 Building Maintenance Supplies $ 1,950.00 $ 570.86 $ 1,379.14 Heating Expenses- Gas $ 20,000.00 $ 1,785.01 $ 18,214.99 Telephone $ 19,340.00 $ 7,573.48 $ 11,766.52 Water & Sewer $ 2,150.00 $ 1,834.92 $ 315.08 Contractual Services $ 16,587.00 $ 16,587.00 Training & Travel $ 8,365.00 $ 4,496.00 $ 3,869.00 Pension $ 3,500.00 $ 3,500.00 Office Supplies $ 2,200.00 $589.12 $ 1,610.88 Balance as of: 12/31/10

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City of Dover Capital Investment Plan Project Tracking Report December 31, 2010 Points to Remember - * Original Project Budget = Original Total Project Budget initially included in approved annual budget. * Latest Project Budget = Revised Total Project Budget included in most recent approved annual budget or one of the following: bond resolution, revolving fund loan agreement, Council approved budget amendment, or City Manager approved amendment as per the Budget Amendment Procedure. * Current Fiscal Year - Revised Fiscal Year Budget = Current Year approved project budgets plus carry forward balances of unspent budgets in the prior fiscal year. Project Carry Forward balances will be submitted to City Council for amendment in January 2010. Can also be amended with City Manager approval per the Budget Amendment Procedure. * Water Quality, Inflow/Infiltration, Distribution Upgrades and New Development projects are budgeted as a blanket project and once individual projects are identified and estimated they are created using an allocation of the overall budgeted amount. Examples are Water Quality - Walker Road; New Developments - CVS, McDonald's, Wawa; Distribution Upgrades - Greenview; * Status and Comments provided by City Manager. * For Finance purposes projects are considered completed when placed in service and all charges have been processed. Community Water & Total Current Year Budget Funding Sources General Transportation Wastewater Electric CIP Budget Balance $ 113,156 $ - $ - $ - $ 113,156 Project Carry Forward Balances 88,083 - 953,238 850,736 2,729,628 Federal and/or State Grants 4,250,348 1,000,000 45,248 135,152 5,430,748 New Revolving Fund Loans - - 863,060 - 863,060 Carry Forward Construction Loan Balances - - 8,001,973 254,757 8,256,730 Bond Proceeds - - - 415,585 415,585 Impact Fees - - 758,821 - 758,821 Income from Sale of Assets - - - - - Parkland Reserve 36,872 - - - 36,872 Library Reserve & Contributions 3,363,732 - - 3,363,732 Transfer from Operating Funds 1,019,629 300,000 58,709 2,797,792 4,176,130 Interest Earned 10,900 - - 40,700 51,600 Total Funding Sources (Unaudited) $ 8,882,720 $ 1,300,000 $ 10,681,049 $ 4,494,722 $ 26,196,062 Page 1 of 5

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City of Dover General Fund - Major CIP Projects December, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project Current Revised Fiscal Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD % Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments 1 FY2009 Bid Pack A - constuction started / 2 M/G New Library Project $ 18,200,000 $ 24,679,934 $ 1,252,237 $ 23,427,697 5.1% $ 6,687,039 $ 7,630,663 $ 515,171 6.8% Started Bid Pack B - bidding started. 3 Totals - FY09 $ 18,200,000 $ 24,679,934 $ 1,252,237 $ 23,427,697 5.1% $ 6,687,039 $ 7,630,663 $ 515,171 6.8% 4 5 FY2010 6 Pitts Center Addition 50,000 40,000 28,629 11,371 71.6% - 36,872 25,501 69.2% Complete Complete. 7 Totals - FY10 $ 50,000 $ 40,000 $ 28,629 $ 11,371 71.6% $ - $ 36,872 $ 25,501 69.2% 8 9 FY2011 10 Vehicles & Equipment $ 63,675 $ 63,675 $ 205,564 $ (141,889) 322.8% $ 735,185 $ 735,185 $ 205,564 28.0% Started Vehicles being ordered. Core Law Enforcement Server 11 Replacement - 53,500 - 53,500 0.0% - 53,500 - 0.0% Started Specifications done. 12 Playground Improv Program - 15,000 12,952 2,048 86.3% 15,000 15,000 12,952 86.3% Complete BB Courts paved. 13 Skate Park - 30,000 - 30,000 0.0% 30,000 30,000 - 0.0% Not Started In discussions with equipment provider 14 Concrete Program 50,000 50,000 45,759 4,241 91.5% 50,000 50,000 45,759 91.5% Started Complete with contractor portion. 15 Transfer to CT Fund 300,000 300,000 300,000 - 0.0% 300,000 300,000 300,000 100.0% Started Transfer to Com Transp Fund - December. 16 Downtown Security Cameras 31,500 31,500 - 31,500 0.0% 31,500 31,500 - 0.0% Started Contract signed 17 Totals - FY11 $ 445,175 $ 543,675 $ 564,275 $ (20,600) 103.8% $ 1,161,685 $ 1,215,185 $ 564,275 46.4% 18 19 Grand Totals $ 18,695,175 $ 25,263,609 $ 1,845,141 $ 23,418,468 7.3% $ 7,848,724 $ 8,882,720 $ 1,104,947 12.4% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is re-budgeted to start over each fiscal year. G = Grant funded project Page 2 of 5

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City of Dover Community Transportation & General Fund Street Funds - Major CIP Projects December, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project Current Revised Fiscal Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD % Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments 1 FY 2006 2 M Lincoln Park Center $ 400,000 $ 479,148 $ 415,223 $ 63,925 86.7% $ 121,891 $ 121,891 $ 57,966 47.6% Started Ongoing. 3 Totals $ 400,000 $ 479,148 $ 415,223 $ 63,925 86.7% $ 121,891 $ 121,891 $ 57,966 47.6% 4 5 FY 2007 6 E. Water Street Brick $ 65,000 $ 65,000 $ - $ 65,000 0.0% $ 65,000 $ 65,000 $ - 0.0% Specialty contract needed. 7 Totals $ 65,000 $ 65,000 $ - $ 65,000 0.0% $ 65,000 $ 65,000 $ - 0.0% 8 9 FY 2009 Trying to move this to Library Project if 10 Schutte Parking Lot $ 21,950 $ 21,950 $ - $ 21,950 0.0% $ 21,950 $ 21,950 $ - 0.0% State approves. 11 Turnberry Drive 40,000 40,000 40,000 - 100.0% 40,000 40,000 40,000 100.0% Curb work complete, paving in process. 12 Totals $ 61,950 $ 61,950 $ 40,000 $ 21,950 64.6% $ 61,950 $ 61,950 $ 40,000 64.6% 13 14 FY 2011 15 Washington Street $ 105,000 $ 105,000 $ 104,000 $ 1,000 99.0% $ 105,000 $ 105,000 $ 104,000 99.0% Complete. 16 Mitschner Road (incl. CDBG) 169,066 169,066 246,672 (77,606) 145.9% 169,066 169,066 246,672 145.9% In progress. 17 Delaware Ave 6,250 6,250 6,250 - 100.0% 6,250 6,250 6,250 100.0% Complete. 18 Oak Road Signage 11,875 11,875 10,375 1,500 87.4% 11,875 11,875 10,375 87.4% Just received. 19 Street & Alley Program 300,000 300,000 175,926 124,074 58.6% 300,000 300,000 175,926 58.6% In progress. 20 State Agreements not yet rec'd 458,968 458,968 - 458,968 0.0% 458,968 458,968 - 0.0% Agreements have not been received. 21 Totals $ 1,051,159 $ 1,051,159 $ 543,223 $ 507,936 51.7% $ 1,051,159 $ 1,051,159 $ 543,223 51.7% 22 23 Grand Totals $ 1,578,109 $ 1,657,257 $ 998,446 $ 658,811 60.2% $ 1,300,000 $ 1,300,000 $ 641,189 49.3% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. Page 3 of 5

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City of Dover Water/Wastewater Improvement & Extension Fund - Major CIP Projects December, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project % Approved Revised Fiscal % Project Project To Date Budget Budget Fiscal Yr. Fiscal Yr. YTD Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments 1 FY 2008 2 South Governors Ave. Water Main Upgrade $ 200,000 $ 200,000 $ 2,664 $ 197,336 1.3% $ - $ 197,336 $ - 0.0% Complete Done. 3 M 1.0 MG Elevated Water Storage Tower 4,196,600 2,590,000 11,062 2,578,938 0.4% - 193,377 4,439 2.3% Started Selecting Tank Model & Site; FY11 = Constr. 4 M Piney Point Well 398,800 665,000 61,414 603,586 9.2% - 162,525 8,939 5.5% Started DNREC permiting; FY11 = Constr. 5 M South Governors Ave. Sewer Main 300,000 291,000 13,561 277,439 4.7% - 279,244 1,805 0.6% Complete Done. 6 M/SL US 13 East Sanitary Sewer Interceptor 2,376,800 3,409,641 2,429,610 980,031 71.3% - 2,335,862 1,561,448 66.8% Complete Functionally completed, some minor site restoration. 7 Totals - FY08 $ 7,472,200 $ 7,155,641 $ 2,518,311 $ 4,637,330 35.2% $ - $ 3,168,344 $ 1,576,631 49.8% 8 9 FY2009 10 M/SL Bayard Avenue $ 590,910 $ 590,910 $ 11,288 $ 579,622 1.9% $ - $ 584,420 $ 4,798 0.8% Started Material ordered. 11 M/SL East side N. State Street 868,707 877,596 176,913 700,683 20.2% - 847,700 147,910 17.4% Done Done. 12 M/SL Route 13 Water Main 1,058,700 1,035,898 137,256 898,642 13.2% - 967,801 13,259 1.4% Started Goig to bid 13 R Water Quality Improvements FY09 $ 2,518,317 $ 2,504,404 $ 325,457 $ 2,178,947 13.0% $ - $ 2,399,921 $ 165,968 19.6% Started 14 15 M/SL DE State University Pumping Station Repl. $ 386,400 $ 386,400 $ 293,367 $ 93,033 75.9% - 240,324 147,652 61.4% Completed Done. 16 M/SL Fox Hall/Retreat Force Main Rerouting 133,100 139,245 238,789 (99,544) 171.5% - - 20,351 0.0% Completed Done. Overage covered by US 13 Interceptor. 17 M/SL Acorn Lane Pump Station Replace. 386,400 386,400 293,209 93,191 75.9% - 210,528 117,698 55.9% Completed Done. 18 Totals - FY09 $ 3,424,217 $ 3,416,449 $ 1,150,822 $ 2,265,627 33.7% $ - $ 2,850,773 $ 451,670 15.8% 19 20 FY2010 21 R Remote Control & Monitor Wells $ 55,000 $ 55,000 $ 23,104 $ 31,896 42.0% $ - $ 31,896 $ - 0.0% Started Material Ordered 22 M/SL Inflow/Infiltration Removal 1,800,000 1,799,668 6,369 1,793,299 0.4% - 1,798,447 5,148 0.3% Started Pre-construction inspections ongoing. 23 M Fox Hall Pump Station 427,900 52,000 30,286 21,714 58.2% 375,900 426,044 28,430 6.7% Started DNREC review. 24 M Heatherfield Force Main Rerouting 220,400 40,000 31,511 8,489 78.8% 229,200 267,916 30,227 11.3% Started DNREC review. 25 I Tar Ditch Interceptor Upgrade 518,230 518,230 7,851 510,379 1.5% - 516,781 6,402 1.2% Started Reviewing design. 26 Various Pump Motor Replacements 45,248 45,248 - 45,248 0.0% - 45,248 - 0.0% Started Grant approved. Ordering begun. 27 Totals - FY10 $ 3,066,778 $ 2,510,146 $ 99,121 $ 2,411,025 3.9% $ 605,100 $ 3,086,332 $ 70,207 2.3% 28 29 FY2011 30 Misc. Distribution System Upgrade $ 60,000 $ 60,000 $ - $ 60,000 0.0% $ 60,000 $ 60,000 $ - 0.0% Started On-going as needed. 31 Wellhead Redevelopement Program 60,000 60,000 - 60,000 0.0% 60,000 60,000 - 0.0% Started Council for approval. 32 Water Quality Improvements 500,000 500,000 - 500,000 0.0% 500,000 500,000 250 0.1% Not Started See above FY09. 33 M/SL Inflow/Infiltration Removal 500,000 500,000 - 500,000 0.0% 500,000 500,000 - 0.0% Started Will start after FY10 is done. 34 R Scada Technology Equip Upgrade 82,100 82,100 43,600 38,500 53.1% 82,100 82,100 43,600 53.1% Started Installation starting. 35 Del State/Del Tech Force Main Rerouting 286,500 286,500 3,801 282,699 1.3% 286,500 286,500 3,801 1.3% Done Shifted completion to interceptor. 36 Lepore Road Pump Station Replacement 52,000 52,000 6,548 45,452 12.6% 52,000 52,000 6,548 12.6% Started Design with Braun.. 37 R Misc. Sewer System Improvements 35,000 35,000 35,152 (152) 100.4% 35,000 35,000 35,152 100.4% Started Ongoing as needed. 38 Totals - FY11 $ 1,575,600 $ 1,575,600 $ 89,101 $ 1,486,499 5.7% $ 1,575,600 $ 1,575,600 $ 89,351 5.7% 39 40 Grand Totals $ 15,538,795 $ 14,657,836 $ 3,857,355 $ 10,800,481 26.3% $ 2,180,700 $ 10,681,049 $ 2,187,858 20.5% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. SL = State Loan Project - construction phase is financed I = Impact Fee Financed Project Page 4 of 5

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City of Dover Electric Improvement & Extension Fund - Major CIP Projects December, 2010 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project % Current Revised Fiscal % Project Project To Date Budget Budget Fiscal Yr. Fiscal Yr. YTD Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments 1 FY 2006 2 M/B 69 KV feeders 3 and 4 $ 11,060,000 $ 8,693,782 $ 8,761,762 $ (67,980) 100.8% $ - $ 4,242 $ 4,242 100.0% Completed In service. 3 M/S Governor's Avenue Rebuild 1,268,450 2,068,260 550,725 1,517,535 26.6% - 250,000 30,264 12.1% Completed Done. 4 Totals - FY06 $ 12,328,450 $ 10,762,042 $ 9,312,486 $ 1,449,556 86.5% $ - $ 254,242 $ 34,506 13.6% 5 6 FY 2008 7 Unit 3 Turb Bearing Fire Protect Deluge $ 50,000 $ 50,000 $ 44,720 $ 5,280 89.4% $ - $ 50,000 $ 44,720 89.4% Completed Final training needed. 8 Totals - FY08 $ 50,000 $ 50,000 $ 44,720 $ 5,280 89.4% $ - $ 50,000 $ 44,720 89.4% 9 10 FY2010 11 B Vansant CT Mark IV Control (Replmnt) $ 700,000 $ 610,000 $ 438,687 $ 171,313 71.9% $ - $ 202,363 $ 152,050 75.1% Completed In service. 12 B McKee Run Entrance Road 240,000 240,000 154,722 85,278 64.5% - 154,244 154,244 100.0% Completed In service. 13 Work Mgmt. System Replacement 85,000 85,000 26,577 58,423 31.3% - - 9,859 0.0% Completed Done. 14 Photovoltaic Install @ McKee Run - - 65,065 (65,065) 0.0% - 65,065 65,065 100.0% Completed In service. 15 M/B Mid City Substation 1,488,461 993,711 975,819 17,892 98.2% - 1,087 1,087 100.0% Completed In service. 16 S LED Lighting Replacement 70,087 70,087 70,010 77 99.9% - 70,087 70,010 99.9% Completed Installed on Division. 17 B Crossgates 396,904 543,075 524,391 18,684 96.6% - - 1,440 0.0% Completed Done. Done. This project is over budget due to having addtiional bond 18 B Buchanan Acres 406,000 865,144 1,207,967 (342,823) 139.6% - 53,648 129,502 241.4% Completed proceeds to spend. 19 20 Totals - FY10 $ 3,386,452 $ 3,407,017 $ 3,463,238 $ (56,221) 101.7% $ - $ 546,494 $ 583,257 106.7% 21 22 FY2011 23 V hi ehicles & E i quipment $ 1 8 58,200 $ 1 8 58,200 $ 113,437 $ 44,763 1 71.7% $ 1 8 58,200 $ 1 8 58,200 $ 113,437 71.7% 1 Started V hi echicles being d ordered. 24 Substation PT & CT Replacement 256,218 256,218 143,653 112,565 56.1% 256,218 256,218 143,653 56.1% Started Material being received. 25 Replace of 69 kV Breakers 100,000 100,000 7,220 92,780 7.2% 100,000 100,000 7,220 7.2% Completed Installed. 26 Lighting Rehabilitation 100,000 100,000 107,644 (7,644) 107.6% 100,000 100,000 107,644 107.6% Started Foxhall 75% done. 27 Walker Road OH Conversion 350,511 350,511 - 350,511 0.0% 350,511 - - 0.0% Dropped Funds reappropriated. 28 Engineering Misc Equipment Replmnt 40,000 40,000 24,751 15,249 61.9% 40,000 40,000 24,751 61.9% Started Ongoing as needed. 29 Substation Batteries 24,500 24,500 23,489 1,011 95.9% 24,500 24,500 23,489 95.9% Started Ongoing as needed. 30 UG Transformers 120,536 120,536 60,031 60,505 49.8% 120,536 120,536 60,031 49.8% Started Ongoing as needed. 31 UG Conductors 529,464 529,464 131,559 397,905 24.8% 529,464 529,464 131,559 24.8% Started Ongoing as needed. 32 Meters 50,000 50,000 44,224 5,776 88.4% 50,000 50,000 44,224 88.4% Started Ongoing as needed. 33 69kV Sub Switch Replacement - 180,000 - 180,000 0.0% - 180,000 - 0.0% 34 Unit 3 Cooling Tower Fill 353,338 353,338 371,513 (18,175) 105.1% 353,338 398,338 371,513 93.3% Completed Done. 35 Units 1 & 2 Cooling Tower 218,730 218,730 70,280 148,450 32.1% 218,730 173,730 70,280 40.5% Completed Done. 36 Unit 3 Tubine Inspection 348,000 348,000 - 348,000 0.0% 348,000 - - 0.0% Started Scoping. Funding reallocated to Unit 1 37 Unit 3 Aux System Components 113,000 113,000 - 113,000 0.0% 113,000 - - 0.0% Deferred repair. 38 Plant Misc Equipment Replmnt 71,000 71,000 53,912 17,088 75.9% 71,000 71,000 53,912 75.9% Started Ongoing as needed. 39 Unit 3 Stack Repairs 25,000 25,000 - 25,000 0.0% 25,000 - - 0.0% Deffered Funding reallocated Unit 1 repair. Scoping, some funding 40 Units 1 & 2 Life Extension 276,000 276,000 23,601 252,399 8.6% 276,000 180,000 23,601 13.1% Started reallocated Unit 1 repair Emergency repair; Budget 41 Unit 1 Turbine Outage - - 424,747 (424,747) 0.0% - 412,000 424,747 103.1% Completed amendment approved in Dec. 42 Unit 3 FD & ID FAN CNRL UP 45,000 45,000 - 45,000 0.0% 45,000 - - 0.0% Deferred Next fiscal year. 43 Unit 3 DCS Com & Software 30,000 30,000 - 30,000 0.0% 30,000 - - 0.0% Deffered Next fiscal year. 44 Unit 2 Boiler Inspection & Repair - 175,000 102,151 72,849 58.4% - 175,000 102,151 58.4% Completed Emergency repair. 45 Unit 3 Heat Expansion Joint - 65,000 - 65,000 0.0% - 65,000 - 0.0% Not Started Scheduled Spring outage. 46 Units 1 & 2 Control Modifications - 150,000 - 150,000 0.0% - 150,000 - 0.0% Not Started Scheduled Spring outage. 47 Unit 3 Gas Line Modification - 60,000 - 60,000 0.0% - 60,000 - 0.0% Not Started Scheduled Spring outage. 48 Distribution Upgrades 400,000 400,000 139,891 260,109 35.0% 400,000 400,000 139,891 35.0% Started Ongoing as needed. 49 $ 3,609,497 $ 4,239,497 $ 1,842,102 $ 2,397,395 43.5% $ 3,609,497 $ 3,643,986 $ 1,842,102 50.6% 50 51 Grand Totals $ 19,374,399 $ 18,458,556 $ 14,662,546 $ 3,796,010 79.4% $ 3,609,497 $ 4,494,722 $ 2,504,584 55.7% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. B = Bonded Project Page 5 of 5

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ACTION FORM PROCEEDING: City Council AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Public Utilities – Electric Eng. DATE SUBMITTED: 1-26-2011 PREPARED BY: Ronald H. Lunt, Public Utilities Director SUBJECT: Evaluation of Proposals – 69 kV Substation Switch Replacement REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager, Controller EXHIBITS: N/A EXPENDITURE REQUIRED: $144,593 AMOUNT BUDGETED: $180,000 FUNDING SOURCE: November 8, 2010, Council approved this 69 KV Substation Switch Replacement CIP, Electric Engineering Account 487-8300-563-40-35, Project # EE1112. TIMETABLE: Contract to be awarded upon Council approval. RECOMMENDED ACTION: Staff recommends awarding the bid to Tecot/Rumsey for a total amount of $144,593. BACKGROUND AND ANALYSIS Staff recommended that this project be accelerated (originally scheduled to start in FY 13) and funded for FY 11; City Council approved this CIP modification request on November 8, 2010. This project will begin with the replacement of obsolete 69kV switches at North Street and McKee Run substations. Over the past two years we have had four switches fail due to overheating contacts, which is an extraordinarily high failure rate. Proactively replacing these switches will minimize the potential of outages due to switch failure. A Request for bids (RFP 11-0034DPU) was sent out and was advertised according to the Purchasing Policy by the City’s Purchasing Agent. We received bids from six vendors; one vendor’s bid was rejected as non-conforming. The following is a summary of the acceptable bids: Bidder Bid Submission Price Teacot/Rumsey $144,593 United Electric Supply $149,114 HD Supply Utilities $145,147 Spectrum Power Prod. $147,387 G&M Sales $150,425

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FIRST READING CITY OF DOVER ORDINANCE #2011-01 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Appendix B - Zoning, Article 5 – Supplementary Regulations be amended by adding a new 5 section 20 as follows: 6 Section 20. Solar and small wind energy systems. 7 Solar energy systems and small wind energy systems shall be permitted as accessory uses within 8 all zones subject to the following requirements: 9 20.1 Residential Zones. 10 11 20.11 Solar energy systems shall be subject to the following: 12 13 (a) Ground-mounted solar energy systems shall be permitted only in the rear yard. 14 15 (b) Ground-mounted solar energy systems shall be set back a minimum of five feet from 16 side and rear property lines, or the height of the tallest point on the system, whichever 17 is greater. 18 19 (c) Ground-mounted solar energy systems shall not exceed 15 feet in height. 20 21 (d) Ground-mounted solar energy systems shall be visually screened from adjacent 22 properties to a height of six feet by either an opaque fence or a dense vegetative 23 screen. 24 25 (e) All exterior electrical and/or plumbing lines must be buried below the surface of the 26 ground and placed in a conduit. 27 28 (f) Roof-mounted solar energy systems must comply with all building height 29 requirements for the zoning district where the system is to be installed. 30 20.12 Small wind energy systems in residential zones shall be subject to the following 31 restrictions: 32 (a) Small wind energy systems shall be set back 1.0 times the turbine height from 33 adjoining property lines. Turbine height means the height of the tower plus the length 34 of one blade.

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35 36 (b) The aggregate noise or audible sound of a small wind energy system shall not exceed 37 five decibels above the existing average noise level of the surrounding area and shall 38 be restricted to a maximum of 60 decibels measured at any location along the 39 property line of the parcel where the wind system is located. 40 41 (c) Small wind energy systems shall be free from signage, advertising, flags, streamers, 42 decorative items, or any item not related to the operation of the wind turbine. Electric 43 wiring for the turbines shall be placed underground for non-building integrated 44 systems. 45 46 (d) Small wind energy systems shall not be permitted within the H (Historic District) 47 Zone. 48 49 (e) Any small wind energy system shall be visually screened to a height of six feet by 50 either an opaque fence or a dense vegetative screen from any properties or structures 51 included on the National Register of Historic Places. 52 53 20.2 Non-Residential Zones. 54 20.21 Solar energy systems shall be subject to the following: 55 56 (a) For the purposes of this subsection, a use is considered accessory if it is located 57 within a complex or campus that includes one or more contiguous lots under common 58 ownership and management, where the principal use of the complex or campus is 59 other than a solar energy system, and the energy generated by the solar energy system 60 is intended to primarily reduce on-site consumption of utility-supplied energy. 61 62 (b) Ground-mounted solar energy systems shall not occupy more than 30 percent of the 63 lot area of the complex or campus for which the solar energy system is proposed. 64 65 (c) If ground-mounted solar energy systems are proposed to occupy more than 30 percent 66 of the lot area of the complex or campus, their placement shall be subject to 67 conditional use approval by the Planning Commission. 68 69 (d) Ground-mounted solar energy systems shall not be located between the principal 70 structure and the street upon which the principal structure fronts. 71 72 (e) All exterior electrical and/or plumbing lines must be buried below the surface of the 73 ground and placed in a conduit. 74 75 (f) Solar energy systems, whether roof-mounted or ground-mounted, must comply with 76 all building setback and height requirements for the zoning district where the system 77 is to be installed. 78

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79 20.22 Small wind energy systems shall be subject to the following restrictions: 80 (a) Small wind energy shall be set back 1.0 times the turbine height from adjoining 81 property lines. Turbine height means the height of the tower plus the length of one 82 blade. 83 84 (b) The aggregate noise or audible sound of a wind system shall not exceed five decibels 85 above the existing average noise level of the surrounding area and shall be restricted 86 to a maximum of 60 decibels measured at any location along the property line to the 87 parcel where the small wind energy system is located. 88 89 (c) Small wind energy systems shall be free from signage, advertising, flags, streamers, 90 decorative items, or any item not related to the operation of the wind turbine. Electric 91 wiring for the turbines shall be placed underground for non-building integrated 92 systems. 93 94 (d) Small wind energy systems shall not be permitted within the H (Historic District) 95 Zone. 96 97 (e) Any small wind energy system shall be visually screened to a height of six feet by 98 either an opaque fence or a dense vegetative screen from any properties or structures 99 included on the National Register of Historic Places. 100 101 20.3 Decommissioning. 102 103 Solar energy systems and/or small wind energy systems must be maintained and kept in a state 104 suitable for immediate operation. When it can be demonstrated that a solar energy system or 105 small wind energy system, as approved in accordance with this section, is in a state of disrepair 106 and is not suitable for immediate operation, that system shall be removed and the accessory use 107 terminated. 108 109 BE IT FURTHER ORDAINED: 110 111 That Appendix B – Zoning, Article 12 – Definitions, be amended to add the following 112 definitions: 113 114 Solar energy system. Any solar collector or other solar energy device, or any structural design 115 feature, mounted on a building or on the ground, and whose primary purpose is to provide for the 116 collection, storage, and distribution of solar energy for space heating or cooling, for water 117 heating, or for electricity. 118 119 Small wind energy system. A wind energy conversion system consisting of a wind turbine, a 120 tower, and associated control or conversion electronics which is intended to primarily reduce 121 on-site consumption of utility-supplied energy. 122

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123 SYNOPSIS 124 The proposed ordinance adds solar energy systems and small wind energy 125 systems as accessory uses within all zoning districts; sets standards for these 126 systems to ensure protection of the character of the zones, as well as public 127 health, safety and welfare; and adds definitions for such systems to the Zoning 128 Ordinance. 129 130 Actions History: 131 January 24, 2011 – Proposed First Reading - Council 132 January 10, 2011 – Introduced at Utility Committee and referred back to staff for changes.

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FINAL READING CITY OF DOVER PROPOSED ORDINANCE #2010-01 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Chapter 102 – Taxation, Article I - In General, Section 102-1 - Valuation and Assessment, be amended 4 by deleting the text indicated in red strikeout as follows: 5 Sec. 102-1. Valuation and assessment. 6 Section 47 of the Charter provides that an impartial valuation and assessment of all real property 7 within the city shall be conducted by the city assessor every third year. The council may also direct that in 8 lieu of the reassessment and valuation by the city assessor, such reassessment and valuation may be done 9 by an outside appraiser chosen by the council. Pursuant to section 47 of the Charter, commencing with the 10 year 2010 and every ninth year thereafter, the valuation and assessment of all real property shall be 11 conducted by an outside appraiser chosen by the council. All property shall be valued as to its status; as of 12 its ownership; and as of its current market value as of the January 1st assessment date; except if 13 improvements are not deemed by the assessor to be complete; property shall be partially valued if 14 construction has ceased for 90 days as of the January 1st assessment date. 15 ADOPTED: * 16 17 SYNOPSIS 18 The proposed ordinance amendment provides language that property shall be valued as to 19 its status; as of its ownership; and as of its current market value. 20 Actions History 21 February 14, 2011 - Public Hearing/Final Reading - Council 22 January 24, 2011 - First Reading - Council 23 January 10, 2011 - Considered by Legislative, Finance, and Administration Committee 24 January 11, 2010 - Legislative, Finance, and Administration Committee Referred Back to Staff to W ork with Real Estate 25 Community

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FINAL READING CITY OF DOVER PROPOSED ORDINANCE #2011-02 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, be amended by inserting a new 4 Section 102-117 - Construction of new facility, as follows: 5 Sec. 102-117. Construction of new facility. 6 (a) Tax abatement benefit. During the construction of a new facility or an expanded facility, meaning 7 after the issuance of a building permit and prior to the issuance of a Certificate of Occupancy, 8 improvements less than one hundred percent (100%) complete by January 1 shall be eligible for an 9 abatement of City real estate taxes. 10 (b) Application. Eligibility. 11 (1) Separate application under this subsection shall be submitted to the Office of the Assessor 12 pursuant to the requirements of section 102-114 (a) no later than thirty days after notice of 13 eligibility is issued. 14 (2) Applicants must certify that they are in good standing pursuant to section 1-13 of the City 15 Code. All construction must be active at the time of application. 16 (c) Limitation on applicability. 17 (1) Abatement under this subsection may not exceed a period of 12 months. 18 (2) Notwithstanding other provisions of this subsection, the abatement period may, at the 19 discretion of the Assessor, be extended for a period not to exceed an additional 12 months for 20 good cause shown. Good cause includes, but is not limited to, increase in the scope of the 21 project, acts of nature, and, as long as no party with control of the new facility is at fault, fire or 22 vandalism. Abandonment of a project shall not be considered good cause. 23 24 (d) Right to appeal. Any aggrieved taxpayer shall have the right to appeal the decision of the 25 Assessor to the City Council. Appeals must be filed with the Council not more than ten (10) days 26 after the date the written decision of the Assessor is issued. 27 ADOPTED: * 28 SYNOPSIS 29 30 This ordinance will provide for application for abatement of taxes, if the eligibility requirements 31 outlined in subsection (b) are met. 32 33 Actions History 34 February 14, 2011 - Public Hearing/Final Reading - Council 35 January 24, 2011 - First Reading - Council 36 January 10, 2011 - Considered by Legislative, Finance, and Administration Committee 37 S:\ORDINANCES\2011\Draft\Ordinance #2011-02 - Ch 102-Art IV-Sec 102-117 Constr of New Facility-FINAL READING.wpd

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