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Anexo

City Council Meetings. 9 de junio de 2008.

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REGULAR COUNCIL MEETING AGENDA June 9, 2008 - 7:30 P.M. - Council Chambers - City Hall - City of Dover OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.) INVOCATION BY CHAPLAIN WALLACE DIXON PLEDGE OF ALLEGIANCE 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 May 27, 2008 2. Presentation - GFOA Distinguished Budget Award 3. Proclamations A. Flag Day B. Race Unity Day 4. Public Hearing - 2008/2009 Electric Revenue Fund Budget 5. Request for Extension of Rezoning Approval - Properties located on South West Street (Capital Scrap Yard), owned by the Downtown Dover Development Corporation. These properties, consisting of eight (8) parcels totaling 1.4601+/- acres, were rezoned from C-3 (Service Commercial) to C-2A (Limited Central Commercial) on July 9, 2007. 6. Public Hearing/Final Reading - Proposed Zoning Text Amendment - Staff Substitute #1 for Ordinance #2008-25 The First Reading of the following proposed ordinance was accomplished during the Council Meeting of April 28, 2008. Copies of the proposed ordinances are available at the entrance of the Council Chambers. A. APPENDIX B - ZONING, ARTICLE 3 - DISTRICT REGULATIONS, SECTION 27 - CORRIDOR OVERLAY ZONE 1 (COZ-1), SUBSECTION 27.62 - BUILDING PLACEMENT

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Council Agenda June 9, 2008 Page 2 7. Utility Committee Report - May 27, 2008 A. 2030 Power Plant Development (Committee recommended that the City Manager be authorized to execute the Pace Global Asset Management Generation RFP as presented for an estimated expense of $160,000) * B. Final Electric Cost of Service Study by Burns & McDonnell (Committee recommended acceptance of the rate adjustments as recommended by Burns & McDonnell) * C. 2008 Comprehensive Plan Review: Utility Chapter (Review to be continued) * D. PACE/NAES Monthly Report (April) (Committee recommended acceptance of the Report) * 8. Legislative, Finance, and Administration Committee Report - May 27, 2008 A. Downtown Dover BID - Assessment (Tax) Rate for Fiscal Year 2008-2009 (Committee recommended approval of the Downtown Dover Business Improvement District (BID) - Assessment (Tax) Rate for FY 2008-2009 and adoption of the proposed budget ordinance) (See Item #14-B) B. Criminal Justice Council - Amendment to Title V Grant with Aid in Dover (Committee recommended approval of the amended grant budget as requested by Aid in Dover) C. Donation of $10,000 for Vietnam War Memorial and Discussion of Donation Policy (Tabled by Committee) * 9. Special Parks, Recreation, and Community Enhancement Committee Report - May 27, 2008 A. Boys and Girls Club - Status of Proposed Schutte Park Facility Location (Committee Action not Required) B. Cost Benefit Analysis - Animal Control Officer (Committee recommended approval of Staff’s recommendations) C. 2008 Comprehensive Plan Review (Deferred by Committee) 10. Evaluation of Bids - Steel Poles for Feeders 3 & 4 - Phase 2 * 11. Appointment Recommended by Council President Kenneth L. Hogan - Kent County Strategic Fund Development Advisory Committee - Mayor Carleton E. Carey, Sr. * 12. Appointments Recommended by Mayor Carleton E. Carey, Sr. - Downtown Dover Partnership * 13. Reappointments - Recommended by Mayor Carleton E. Carey, Sr. A. Board of Adjustment - Arthur G. Ericson - Three Year Term to Expire July 2011 B. Dover Parking Authority - Ronald G. Poliquin - Five Year Term to Expire July 2013 C. Public Advisory Committee of the Dover-Kent County MPO - William R. Saunders - Two Year Term to Expire July 2010 D. Ethics Commission - Thomas C. Jackson - Five Year Term to Expire July 31, 2013 E. Historic District Commission - Three Year Terms to Expire July 26, 2011 e-1. C. Terry Jackson, Resident e-2. James D. McNair, II, Profession e-3. Joseph McDaniel, Business Representative

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Council Agenda June 9, 2008 Page 3 14. First Reading - Proposed Ordinances The First Reading is offered on the following proposed ordinances. Final action by Council will take place during the Second Reading of the ordinances on June 23, 2008. 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. Budget Ordinances - 2007/2008 Revised and 2008/2009 City of Dover Budget a-1. General Fund - Cash Receipts and Budget a-2. Governmental Capital Projects Fund - Cash Receipts/ Revenues and Budget a-3. General Fund Contingency - Cash Receipts/Revenue and Budget a-4. Municipal Street Aid Fund - Cash Receipts/Revenue and Budget a-5. Water/Wastewater Fund - Revenue and Budget a-6. Water/Wastewater Improvement and Extension Fund - Cash Receipts/Revenue and Budget a-7. Water/Wastewater Capital Asset Reserve Account - Cash Receipts/Revenue and Budget a-8. Water/Wastewater Contingency Reserve Account - Cash Receipts/Revenue and Budget a-9. Electric Revenue Fund - Revenue and Budget a-10. Electric Utility Improvement and Extension Fund - Cash Receipts/Revenue and Budget a-11. Electric Utility Contingency Reserve Account - Cash Receipts/Revenue and Budget a-12. Electric Utility Depreciation Reserve Account - Sources and Uses of Funds a-13. Electric Utility Future Capacity Account - Sources and Uses of Funds a-14. Electric Utility Insurance Stabilization Account - Sources and Uses of Funds a-15. Electric Utility Rate Stabilization Account - Sources and Uses of Funds a-16. Workers Compensation Fund - Cash Receipts/Revenue and Budget a-17. Community Transportation Improvement Fund - Cash Receipts/Revenue and Budget a-18. OPEB (Other Post-Retirement Benefits) Reserve Fund - Cash Receipts/Revenues and Budget a-19. Parkland/Recreation Reserve Account - Cash Receipts/Revenues and Budget a-20. Library Reserve Account - Cash Receipts/Revenues and Budget a-21. Pay for Performance (P.F.P) Calculation Worksheet - Non-Bargaining Employees B. Downtown Dover Business Improvement District - Cash Receipts/Budget FY 2008-2009 C. Chapter 22 - Buildings and Building Regulations (Tabled During the Council Meeting of May 27, 2008) c-1. Article III- Building Code, Section 22-65 - Permit Fees c-2. Article V - Mechanical Code, Section 22-145 - Heating, Air Conditioning, and Heat Pump Permit Fees c-3. Article VI - Plumbing Code, Section 22-185 - Permit Fees c-4. Article IX Lodging Houses, Section 22-301 - Generally c-5. Article X Rental Dwellings, Section 22-351. Generally D. Chapter 26 - Businesses, Article II - Licenses, Section 26-35 - License Required; Fees (Tabled During the Council Meeting of May 27, 2008) E. Chapter 46 - Fire Prevention and Protection (Tabled During the Council Meeting of May 27, 2008) e-1. Article III - Fire Codes, Section 46-126 - Fire Prevention Permit, New Paragraph (e) - Final Inspections Fee e-2. Article IV - Public Occupancies, Section 46-164 - Fees and Section 46-168 - Reinspection Fee, Paragraph (a) - Amount F. Chapter 66 - Manufactured Homes and Trailers, Section 66-2 - License (Tabled During the Council Meeting of May 27, 2008) G. Appendix A - Subdivisions (Tabled During the Council Meeting of May 27, 2008) g-1. Article IV - Subdivision–Procedure g-1-i. Section A - Preapplication, Paragraph 1 g-1-ii. Section B - Preliminary Layout, Paragraph 2 g-1-iii. Section C - Plat, Paragraph 3

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Council Agenda June 9, 2008 Page 4 15. First Reading - Proposed Zoning Text Amendment The First Reading is offered on the following proposed ordinances. Since they are amendments to the Zoning Code, they are recommended for referral to the Planning Commission on July 21, 2008, and that a Public Hearing be set for July 28, 2008 at 7:30 p.m. and that the Second Reading and Final Action by Council take place at that time. Copies of all proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk’s Office. (Tabled During the Council Meeting of May 27, 2008) A. Appendix B - Zoning a-1. Article 3 - District Regulations Section 24 - Planned Neighborhood Design a-1-i. Subsection 24.2 - Review Process a-1-ii. Subsection 24.8 - Conditional Use Plan Approval, Subsection 24.81 a-1-iii. Section 24.9 - Site Development Preliminary Subdivision Plan Review, Subsection 24.91 a-1-iv. Section 24.10 - Final Subdivision Plat Approval, Subsection 24.101 a-2. Article 8 - Enforcement and Penalties, Section 2 - Certificates of Occupancy, Subsection 2.4 a-3. Article 9 - Board of Adjustment, Section 3 - Procedure, Subsection 3.5 a-4. Article 10 - Planning Commission a-4-i. Section 1 - Approval of Conditional Uses, Subsection 1.5 - Application, Paragraph 1.52 a-4-ii. Section 2 - Site Development Plan Approval, Subsection 2.45 -Fees 16. Council Members Announcements /tm S:\ClerksOffice\Agendas&Minutes\Council-Agendas\2008\06-09-2008.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 May 27, 2008 at 7:30 p.m. with Council President Hogan presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mrs. Williams, Mr. Salters, and Mr. Ruane. Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Fire Chief Carey, Mr. DePrima, City Solicitor Rodriguez, Mrs. McDowell, and Mayor Carey. OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Hogan declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action. 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 Mr. Salters moved for approval of the agenda as presented, seconded by Mr. Slavin and unanimously carried. Council President Hogan noted that staff has requested that item #8A - Proposed Fee Increases and New Fees, be removed from the consent agenda. Mr. Ruane requested that item #11A (a-1), Tax Appeal - Beulah Gray, be removed from the consent agenda. Mr. Leary moved for approval of the consent agenda as amended, seconded by Mr. Slavin and carried by a unanimous roll call vote. ADOPTION OF MINUTES - COUNCIL WORKSHOP OF MAY 5, 2008 The Minutes of the Council Workshop of May 5, 2008 were unanimously approved by motion of Mr. Leary, seconded by Mr. Slavin and bore the written approval of Mayor Carey. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF MAY 12, 2008 The Minutes of the Regular Council Meeting of May 12, 2008 were unanimously approved by motion of Mr. Leary, seconded by Mr. Slavin and bore the written approval of Mayor Carey.

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 2 CERTIFICATE OF CONGRATULATIONS - CAMPUS COMMUNITY CHORUS The City Clerk read the following Certificate of Congratulations into the record: CERTIFICATE OF CONGRATULATIONS Presented to Campus Community High School Choir Congratulations on being awarded Choral Music Grand Champions at the Fiestaval Celebration in Music 2008 held in Atlanta, Georgia May 27, 2008 Mayor Carey presented the Certificate to Ms. Shannon Webb, Music Director, and Mr. Bob Bennett and Ms. Heidi Greene, Administrators, and members of the Chorus present. Ms. Webb thanked the Mayor and Members of City Council for the recognition and members of the community for their support. CERTIFICATE OF CONGRATULATIONS - DOVER HIGH SCHOOL CHORUS The City Clerk read the following Certificate of Congratulations into the record: CERTIFICATE OF CONGRATULATIONS Presented to Dover High School Chorus Congratulations on your outstanding performance in the New York National Freedom Festival April 26, 2008 Concert Choir: Gold Rating Select Ensemble: Gold Rating Woman's Choir: Silver Rating Men's Choir: Silver Rating May 27, 2008 Mayor Carey presented the Certificate to Mr. Nathan L. Bankert, Director of Choral Activities, and members of the Chorus present.

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 3 CERTIFICATE OF APPRECIATION - TAX EXEMPTION REVIEW COMMITTEE The City Clerk read the following Certificate of Appreciation into the record: WHEREAS, the Tax Exemption Review Ad-hoc Committee was created by the Mayor and Council during their Regular Meeting of August 27, 2007; and WHEREAS, the initial scope of the Committee was to review the fairness and appropriateness of the current tax exemption ordinance, the standards, and the process to determine if it is responsive to the needs of the citizens of Dover to provide a recommendation to the Legislative, Finance, and Administration Committee; and WHEREAS, members of the Tax Exemption Review Ad-hoc Committee have worked diligently in researching the issues in order to develop recommendations that are objective and that have been thoroughly considered; and WHEREAS, as a result of their efforts, the Tax Exemption Review Ad-hoc Committee submitted their Final Recommendations to City Council and on April 28, 2008, ordinances reflecting the Committee's recommendations were adopted, and thus, the Tax Exemption Review Ad-hoc Committee is hereby dissolved with gratitude to all members for their time and attention to this matter. It is deemed an honor and privilege to present this Certificate of Appreciation to James G. McGiffin, Jr., Chairman Jeffrey Mask Charles Bradley Joseph McDonough Barbara C. Ford Richard Snaman Barry Hawlk Tom Williams CITY OF DOVER TAX EXEMPTION REVIEW AD-HOC COMMITTEE Best Wishes on all Future Endeavors from the City of Dover May 2008 Mayor Carey presented the Certificates to the members of the committee. PRESENTATION - BRICK BY BRICK CAMPAIGN Mr. Ray Book, Past-Chairman of the Greater Dover Foundation, introduced Ms. Lisa Ratliff, Executive Director of the Greater Dover Foundation and the Greater Dover Committee, and Mr. Joe McDaniel, Chairman of the Greater Dover Foundation. Ms. Ratliff provided background information regarding the Greater Dover Foundation and read a statement into the record regarding the Brick by Brick Campaign, as follows:

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 4 “Good evening and thank you for giving me a few minutes of your time tonight. My name is Lisa Ratliff and I am the Executive Director of the Greater Dover Committee and the Greater Dover Foundation. I am here tonight to give thanks to three great Dover organizations that gave their time and effort to support the Greater Dover Foundation during the recent Brick by Brick Community Matching Challenge. Let me begin by giving a little background: The Greater Dover Foundation as some of you know, is an endowment fund administered by the Delaware Community Foundation. It was started back in the early 90's by the Greater Dover Committee with an initial sum of $50,000. Today, the Greater Dover Committee is proud to announce that the fund has grown to just over $600,000. Each year, the GDC gives the income that is generated by this fund back to the Dover community in the form of grants to non-profit organizations and public institutions. As the principle fund grows, so does the amount of money we have to give away each year. This year the Foundation will donate $16,000 back to the community. In the future, when the Foundation grows to become the multi-million dollar Foundation we plan for it to become, we will give 100s of thousands back to the community each and every year. Recently, the GDF challenged the community to match a $110,000 principle pool of money that was created by local businesses and individuals. Our community, without hesitation, rose to this challenge and met the goal on December 31, 2007. For this reason, it would only be appropriate for me to begin giving thanks to the community members who helped make this possible through general donations and the purchases of bricks now placed along Loockerman Street. In addition to the community members who participated, we are incredibly grateful for three organizations that helped to make the campaign a success. First, we would like to thank Rick Hill from Hill Design Group. Rick not only gave his time and expertise to help us market the campaign, he gave us great advice in the early stages of our campaign as we tried to work out the details of how the campaign would work. Rick could not be here tonight, but I wanted to express our thanks and let you and the community know what an asset Rick and his business are to Dover and the surrounding area. Secondly, I would like to thank Mr. Dave Tucker and Delaware Brick Company. Delaware Brick was kind enough to donate the actual bricks for our campaign which helped us to keep costs down. Mr. Tucker, however, was the individual at Delaware Brick who helped me in particular through the ordering process…which was a bigger job than I first anticipated. I cannot thank him enough for making what could have been a very difficult process one that I would describe today as being quite enjoyable. We are lucky to have Mr. Tucker and Delaware Brick here in our community. They are doing their part to make Dover a better place. Finally, we would like to thank the City of Dover. The city helped in a lot of ways during our campaign. First, they allowed the bricks to be placed along Loockerman Street and supported us as we began our efforts for this campaign. Tony DePrima and Scott Koenig couldn't have been more helpful during our organization phases. Secondly, the City donated their services and installed four different brick orders in the sidewalk throughout the campaign (often in several different locations). For this I have to thank Ron Swaggard and his crew. They never complained, always greeted me with a smile and helped to make a somewhat challenging project easy and fun. If you haven't seen the work Ron and his crew did you have to take a walk down Loockerman Street. The bricks look great and we have the City and Delaware Brick to thank for this.

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 5 We could not have been successful with this campaign if it were not the organizations I just mentioned. Tonight, we would like to present a small token of our appreciation and place Thank You Bricks for each organization along Loockerman Street. I have a brick here for Hill Design Group which I will present to Mr. Hill when he returns from being out of town….One for Delaware Brick which I would like to present to Mr. Tucker and one for the City of Dover that I would like to present to Mayor Carey, Scott Koenig, and Ron Swaggard. In closing I would like to say that the Greater Dover Committee's goal is to help endow Dover's future with a Foundation that really makes a difference and helps to improve the quality of life for residents in the greater Dover area. This campaign has shown me that together, we really are stronger than when we stand alone. Thank you for your support, kindness and generosity.” PRESENTATION - RECOGNITION OF SERVICE - PAUL LAKEMAN - SAFETY ADVISORY AND TRANSPORTATION COMMITTEE (MAY 2004-MAY 2008) Mayor Carey presented a Dover Cup to Mr. Paul Lakeman in appreciation of his service as a member of the Safety Advisory and Transportation Committee, having served from May 2004 through May 2008. PROPOSED RESOLUTION - GORDON MASSEY, JR. The City Clerk, Mrs. McDowell, read a proposed Resolution acknowledging the recent death of Mr. Gordon Massey, Jr. By motion of Mr. Slavin, seconded by Mrs. Williams, Council, by a unanimous roll call vote, adopted the following Resolution: COUNCIL RESOLUTION NO. 2008-10 WHEREAS, the Silver Lake Commission members have been greatly saddened by the death of their fellow Commission Member, Gordon Massey, Jr., who passed away on January 1, 2008; and WHEREAS, Gordon Massey, Jr. was appointed into office as a Commission member representing the citizens of Dover on May 28, 2002, a position in which he served with distinction for more than 5 years; and WHEREAS, during his term as a Commission member, Gordon Massey, Jr. served the Commission by unmatched outreach and dedicating much of his time to the restoration and revitalization of Silver Lake in Dover and has demonstrated, in many practical ways, his deep and genuine belief in Silver Lake as an asset for the City of Dover; and WHEREAS, although Gordon Massey, Jr. will be respectfully remembered as having served the community in numerous capacities, he was particularly devoted to Silver Lake, the Silver Lake Commission adopted a Resolution on May 27, 2008 in dedication of his tireless efforts; and WHEREAS, Gordon Massey, Jr. was very gracious and humble in serving as a member of the Silver Lake Commission; earning the respect, admiration, and high regard of all with whom he came into contact; and WHEREAS, our community has sustained a great loss in the death of Gordon Massey, Jr..

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 6 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The Mayor and Council express their regret for the loss of Gordon Massey, Jr. and extend their deepest sympathy to the members of his family and hope that they will be consoled by the memories of his fine life and achievements. 2. The Mayor and Council direct the City Clerk to place this Resolution in the permanent records of the City of Dover in recognition of the many contributions graciously given to the community by Gordon Massey, Jr. ADOPTED: MAY 27, 2008 Mayor Carey presented the Resolution and a Dover Cup to Mrs. Massey. On behalf of the members of the Silver Lake Commission, Mr. David Edgell, Chairman, extended deepest sympathy for the loss of Mr. Massey. PLANNING AND INSPECTIONS - PRESENTATION OF ANNUAL REPORT The Planning and Inspections Department submitted their Annual Report to City Council during their Regular Meeting of March 10, 2008. Mrs. Townshend provided a Power Point Presentation (Exhibit #1) depicting highlights of the report. PUBLIC HEARING/FINAL READING - REZONING AND PROPOSED COMPREHENSIVE PLAN AMENDMENT - LAND DEVELOPMENT PLAN AMENDMENT TO THE COMPREHENSIVE PLAN UPDATE 2003, AS AMENDED IN MAY 2005, SEPTEMBER 2006, MARCH 2007, AND MARCH 2008 A public hearing was duly advertised for this time and place to consider approval of a proposed zoning text amendment to the Comprehensive Plan Update 2003, as amended in May 2005, September 2006, March 2007, and March 2008 by amending Land Development Map 11-1 and amending the Zoning Ordinance and Zoning Map of the City of Dover by changing the Land Use Classification from Industrial to Residential High Density and changing the Zoning Designation from IPM (Industrial Park Manufacturing) to RG-2 (General Residence) on a 13.967+/- acre portion of a 22.967+/- parcel located on the north side of Commerce Way, owned by H&M Properties, LLC. Mr. Salters moved that the Final Reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. McGiffin and unanimously carried. (The First Reading of this ordinance was accomplished during the Council Meeting of February 25, 2008). Planner's Review Mrs. Townshend, City Planner, reviewed the petition to amend the Land Development Plan Map of the Comprehensive Plan and the findings and recommendation of the Planning Commission (Exhibit #2). She explained that the application is to amend the Land Development Plan map of the Comprehensive Plan and the zoning of the subject parcel. The amendment is being requested by H&M Properties, LLC. The subject parcel is currently zoned IPM and is part of the Enterprise Business Park. It is also adjacent to the Woodmill Apartments. She stated that the subject parcel is depicted on the Land Development Plan map as Industrial and Public Utilities. The applicant is requesting a zoning classification of RG-2, with the intent to construct garden apartment buildings on the site. Mrs. Townshend explained that the requested plan amendment would change the land use category from Industrial and Public Utilities to High Density Residential.

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 7 Mrs. Townshend noted the receipt of correspondence from Mr. E. Stuart Outten, President of Capital Uniform and Linen Service, which was submitted to the Planning Commission. She also noted receipt of a letter received from the State Planning Coordination Office which indicated opposition to the proposed change from Industrial to High Density Residential. Mrs. Townshend advised members that the Planning Commission recommended approval of the application. However, she noted that one (1) member voted in opposition and requested that members of City Council be provided his explanation, as follows: “Mr. von Reider stated that he feels that it is a loss of a single tract of land developable for business or other purposes. He feels that it is encroaching residential onto existing industrial property which is already there, exists, and is operational. He certainly hopes that residents of this community do not call the City complaining of noise.” Correspondence Mrs. Townshend noted correspondence received from Ms. Keira Potter and the Central Delaware Economic Development Council in opposition to the Rezoning/Comprehensive Plan Amendment (as on file in the Office of the City Clerk). Council President Hogan declared the public hearing open. Mr. Jim McGinnis, Realtor representing the applicants, introduced Ms. Laura Swiski, engineer for the project. He advised members that the parcel of land has not been used for 30 years and a vacant parcel and warehouses are adjacent to the property. He noted that the project includes apartments, attached to the Woodmill Apartments, which will solve some of the affordable housing issues. Responding to Mr. Ruane, Mr. McGinnis stated that the current rental fees for Woodmill Apartments range from $700 to $1,000. He stated that the proposed apartments are already 97% filled, explaining that there is a need for more housing in the Dover area. Referring to concern relayed regarding the wooded portion of the parcel (north side adjacent to City drainage easement area), Ms. Swiski advised members that it is the intent of the developer to leave that portion of the property, which serves as a natural buffer, intact. Mr. Jack Melvin, adjacent property owner - Landlord to Stock Building Supply, advised members that since 1992, to his knowledge, there has never been a complaint from any of the adjacent residents nor has there been any complaints against adjacent residents. He relayed no objections to the proposed project. Ms. Carol White, 1254 S. Farmview Drive, advised members that the Woodmill development is one of the on-ground drainage experiments, explaining that between approximately every sixth house, there is a culvert (to carry water from the houses back to the drain ditch). She noted that these culverts also carry foot traffic and that there currently is limited foot traffic in this area. She stated her hope that if the housing is increased, there will be some kind of barrier or fence erected to keep these culverts from becoming foot, bicycle, and motorcycle paths. Ms. White also relayed concern regarding additional traffic on Woodmill and Independence Drives. Although she felt that these issues would not be of concern if the current zoning was maintained; however, if Council approves the proposed amendments, she requested that consideration be given to protect the residents of the Farmview Drive area.

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 8 Ms. Keira Potter, 1168 S. Farmview Drive, relayed opposition to the rezoning from an Industrial zone to a residential zone. In response to Mr. McGinnis’ comments regarding the availability of affordable housing, she stated that Woodmill Apartments is owned by Vintage Apartments, which is a market property industry; therefore, it does not consist of affordable housing or accept individuals with low income levels. She clarified that the rent for the apartments begin in the $800’s for one (1) bedroom up to almost $1,100. Ms. Potter advised members that she purchased her home three (3) years ago and if she would have been aware that there was a possibility of additional apartments in the area, she would have either remained as a resident of an apartment or would have searched for housing elsewhere. She indicated that the vacant warehouse located directly behind her property currently serves as a buffer. If the City approves the request, she suggested that the developers be required to install some type of fencing. Being in total opposition, she urged members of Council to consider the ramifications before approving the request. There being no one else wishing to speak, Council President Hogan declared the hearing closed. Responding to Mr. Ruane, Mrs. Townshend advised members that the rental fees for Woodmill Apartments range from $809 (1 bedroom) to $1,099 (3 bedrooms). Mr. Ruane moved that the ordinance to amend the Comprehensive Plan and rezoning be denied, seconded by Mrs. Williams. The motion failed by a vote of six (6) no and three (3) yes (Mr. McGlumphy, Mrs. Williams, and Mr. Ruane). Mr. McGlumphy explained that his opposition to the Planning Commission’s recommendation for approval is due to concerns regarding economic development. He felt that high density housing creates additional problems and noted that there was no input provided by the Chief of Police. He also relayed concern regarding the testimony provided by adjacent property owners and stated that he has not obtained any information that would indicate that those problems would be mitigated. For these reasons, he voted in favor of denying the proposed amendments. Mrs. Williams explained that her support to deny is based on concurring with those comments provided by PLUS and concerns regarding the intended use of the property. Mr. Ruane explained his reasons for voting in favor to deny the proposed amendments are for those as previously stated as well as the concerns indicated by the PLUS, which supports staff’s recommendation for denial. He also noted that there is a need for property zoned industrial and that changing the zoning classification would create an incompatible use in the area. Mr. McGiffin moved for the adoption of the Rezoning and Comprehensive Plan Amendment as recommended by the Planning Commission, seconded by Mr. Leary and by a roll call vote of six (6) yes and three (3) no (Mr. McGlumphy, Mrs. Williams, and Mr. Ruane), Council adopted the following ordinance: ORDINANCE #2008-08 AN ORDINANCE AMENDING THE CITY OF DOVER COMPREHENSIVE PLAN UPDATE, 2003, AS AMENDED IN MAY 2005, SEPTEMBER 2006, MARCH 2007, AND MARCH 2008 BY AMENDING LAND DEVELOPMENT MAP 11-1 AND AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE NORTH SIDE OF COMMERCE WAY

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 9 WHEREAS, the City of Dover has adopted a Comprehensive Plan laying out land use policies within the City of Dover and has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and WHEREAS, it is deemed in the best interest of zoning and planning to change the land use classification of property described below from Industrial to Residential High Density and to change the zoning designation from IPM (Industrial Park Manufacturing) to RG-2 (General Residence). NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That from and after the passage and approval of this ordinance the Comprehensive Plan Update, 2003, as Amended in May 2005, September 2006, March 2007, and March 2008 and the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the land use classification from Industrial to Residential High Density and the zoning designation from IPM to RG-2 on a 13.967+/- acre portion of the Lands of H & M Properties, LLC, located on the north side of Commerce Way, with the total parcel consisting of 22.967+/- acres. ADOPTED: MAY 27, 2008 SPECIAL LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - MAY 5, 2008 A Special Legislative, Finance, and Administration Committee Meeting was held on May 5, 2008 with Chairman Slavin presiding. Proposed Fee Increases and New Fees During their meeting of March 10, 2008, members reviewed a presentation of proposed fee increases and new fees. In accordance with the Revenue Manual, members were reminded that staff is directed to review fees; however, it was noted that the review does not necessarily equate to an increase. Staff advised members that as a result of meetings with the business community, the proposed fees have been decreased from staff’s initial presentation. Members were also provided ordinance amendments representing the proposed new fees and increases for consideration. After public testimony and much discussion, members tabled the matter. Mr. DePrima reviewed an updated presentation which provided a general overview of the proposed fee increases and new fees. Members were also provided draft ordinances related to the proposed fee increases and new fees. Based on the comments made by the business community at the last meeting, he stated that the final fire inspection fee has been eliminated. In response to Mr. McGlumphy, Mr. DePrima estimated that the proposed fee increases and new fees will generate $300,000. He stated that the fees will cover approximately 60% of the planning and inspection costs; however, in previous years, these fees would cover approximately 80%-90% of the costs. Mr. DePrima advised members that the Revenue Manual currently suggests a review every three (3) to five (5) years. Staff recommended that the Revenue Manual be amended to require the review

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 10 of business license fees every five (5) years, rental license fees every four (4) years, and construction and planning permit fees every three (3) years. Members suggested that staff review the possibility of including an automatic escalator clause, feeling that those subjected to the fees could plan accordingly. Staff recommended approval of the new fees and fee increases and adoption of applicable ordinance amendments. Mr. DePrima explained that action regarding this matter is required to provide guidance to staff in the preparation of the budget; therefore, he requested that the committee forward this matter to Council for action. The committee forwarded this matter to Council without a recommendation. Mr. Slavin noted that the committee felt that consideration of this matter should occur during the fiscal year 2009 Budget deliberations, which members of Council are currently conducting. No further action was taken by Council. It was noted that the First Reading of the proposed ordinances is scheduled to occur during the latter part of the meeting. Review of 2005 Charter Review Committee Recommendations - Article II (Continued) During their meeting of September 10, 2007, members approved the schedule to complete a comprehensive review of the 2005 Charter Review Committee Recommendations, including public hearings in each election district, over the next six (6) months. Members began their review during their meeting on October 8, 2007. During their meeting of March 3, 2008, Mr. Slavin noted that members would continue their review of the 2005 Charter Review Committee Recommendation at “Section 9 - Meetings of Mayor and Council-Generally (Section 2.11 - Procedure, Model City Charter)”. As scheduled, members continued consideration of the recommendations to the Dover Charter, as follows: Language Requested by Committee Related to Section 13 - Filling Vacancies for Council or Mayor During the committee meeting of March 3, 2008, members reviewed Section 13 - Filling Vacancies for Council or Mayor (Section 2.06 - Vacancies; Forfeiture of Office; Filling of Vacancies, Subsection (c) - Filling of Vacancies, Model City Charter). Upon review, members suggested developing language that would authorize City Council, if reduced to less than five (5) members (majority), to appoint additional members, by majority action, to raise the number of members to seven (7). Staff provided members with sample language for their review. Mrs. McDowell, City Clerk, advised members that upon Council approval, this request would be forwarded to the local legislators to be submitted to the General Assembly, explaining that amendments to the City Charter require the approval of the General Assembly. Mr. Slavin suggested that members defer action regarding this matter to provide members the opportunity for further review. Section 9 - Meetings of Mayor and Council-Generally (Section 2.11 - Procedure, Subsection (a) - Meetings, Model City Charter)

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 11 There being no comments of members regarding Section 9 - Meetings of Mayor and Council- Generally, Mr. Slavin stated that the record would indicate concurrence with the wording provided in the current City Charter. Section 10 - Meetings of Mayor and Council-Procedures (Section 2.11 - Procedure, Subsections (b) - Rules and Journal, and (c) - Voting, Model City Charter) The committee recommended maintaining the language in Section 10 - Meetings of Mayor and Council-Procedures, of the current City Charter, including the amendment to strike the word “may” and insert in lieu thereof “shall”. By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. Mr. Ruane relayed concern regarding the requirement for the Mayor’s written approval as indicated in the second paragraph of Section 10. He advised members of research conducted and requested the opportunity to submit the information for further consideration. Responding, Mr. Slavin suggested that the information be provided in the next packet and that Mr. Ruane be considered first on the agenda to address this issue during their next review. Section 2.12 - Action Requiring an Ordinance, Model City Charter The committee recommended including the language in Section 2.12 - Action Requiring an Ordinance, as stated in the Model City Charter. By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. Mr. Ruane noted the reference to “initiative power” in item #10 of Section 2.12. Mr. Slavin explained that once the committee’s recommendations have been completed, he anticipates the requirement for an additional review of the amendments. At the request of Mr. Ruane, Mr. Slavin indicated that this matter will be further reviewed at the conclusion of the committee’s recommendations of the 2005 Charter Review Committee Recommendations. Section 2.15 - Codes of Technical Regulations, Model City Charter The committee recommended including the language in Section 2.15 - Codes of Technical Regulations, with the amendments to Subsections (1) and (2) as submitted, as stated in the Model City Charter. By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. Article III - City Manager Due to time constraints, Mr. Slavin stated that members will continue their review of the 2005 Charter Review Committee Recommendation at “Article III - City Manager” during their next meeting. Mr. Slavin moved for acceptance of the Special Legislative, Finance, and Administration Committee Report, seconded by Mr. McGlumphy and unanimously carried. UTILITY COMMITTEE REPORT - MAY 12, 2008

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 12 The Utility Committee met on May 12, 2008 with Chairman Ruane presiding. PACE Wholesale Power Supply Review During their review of the January 2008 PACE/NAES Monthly Reports at their meeting of March 24, 2008, staff was requested to provide a summary of major issues, both positive and negative, involving the electric utilities during the next committee meeting. Mr. Francis Hotsell, PACE Global Asset Management, reviewed a presentation of the Dover Wholesale Power Supply Budget. He noted that for the 2008/2009 Budget, power supply costs increased 5.4% over last year's budget. This increase was primarily caused by extraordinary increases in wholesale energy prices and an increase in the net cost of capacity. He advised members that Dover is located in a high-priced capacity constrained region, which has exacerbated the general increases in energy costs. In addition, the landscape for environmental regulations is not only adding costs but also creating uncertainty, thereby limiting new generation. By pro-actively managing these challenges, Mr. Hotsell stated that the City of Dover has contained the cost increases to its ratepayers, explaining that without risk management, customers would be experiencing a 13% increase in power supply costs (budgeted market prices); however, risk management contained the cost increase to 5.4%. Mr. Ruane thanked Mr. Hotsell for a very thorough presentation and relayed appreciation for the partnership. Mr. Lunt, Public Utilities Director, provided members of City Council a presentation of the Dover Wholesale Power Supply Budget (Exhibit #3). Electric Cost of Service Study by Burns & McDonnell Mr. Ted Kelley, Principle with Burns & McDonnell, reminded members that the City recently authorized Burns & McDonnell to conduct an update to the Electric Cost of Service Study for the City of Dover. Therefore, he advised members that the information being provided is preliminary. Mr. Kelley reviewed a presentation of the Electric Cost of Service Study and Rate Adjustment Considerations, explaining the need for adjustments, net margins, cost of service considerations, and potential rate adjustments. He noted that the rate design analysis indicates the need for a seven percent (7%) rate adjustment on July 1, 2008, explaining that the rate adjustments by class may vary depending on the cost of service results. Referring to the Financial Forecast, Mrs. Mitchell, Controller/Treasurer, stated that the negative net margin in FY2008 is attributed to the College Road Substation. She explained that prior to the construction of the Cartanza Substation, the College Road Substation was the City’s tie to Connectiv. Since the College Road Substation is no longer used as a tie station, it is no longer a transmission substation. She advised members that the Electric Department is in the process of dismantling it and converting it to a distribution substation. Mrs. Mitchell stated that the transmission substation was not fully depreciation, which contributed to the $1.5M that is being written-off for the College Road Substation. Mr. Ruane reiterated that the percentage increase for each class is not known at this time and that this information will be made available on May 27, 2008. In preparing for this meeting, Mr. Ruane requested that staff provide a breakdown depicting the average household and average customer, by class, using 1,000 kwh, which will indicate how competitive the City is with other buyers.

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 13 Rate Stabilization Reserve Funding Mrs. Mitchell, Controller/Treasurer, reviewed a presentation of the Rate Stabilization Reserve Funding. She advised members that the City currently has a set of Financial Policies which includes the Rate Stabilization Reserve. She reminded members that the City used the reserve ($5M of the Stabilization Reserve Fund) to help manage the budget (included as revenue) the first year the City came off of the Duke Contract to help off-set the cost of power supply. Mrs. Mitchell advised members that Moody’s had an issue with the manner in which this transfer was handled by the City because the money in the reserve came from actual revenue that the City received from either the Duke rebate, interest earnings, etc. By recording the funds originally received as revenue and again as a transfer to manage the budget, she stated that Moody’s considered this as double counting revenue. To resolve this issue, Mrs. Mitchell suggested changing from using revenue sources for managing the Rate Stabilization Reserve. She explained that the proposed amendment to the policy protects the customer from rate increases attributed to supply and generation cost fluctuations driven by market conditions, thus allowing the customer to better budget their energy bills. She stated that the proposed method of funding the Rate Stabilization Reserve will have no adverse impact on the operating budget. This method of managing the power supply cost is a more appropriate procedure and preferred by outside creditors and the rating agencies. Responding to Mr. Ruane, Mrs. Mitchell stated that the Financial Policies are reviewed by the Legislative, Finance, and Administration Committee and that she will be forwarding recommended policy amendments to that committee. She felt that it would be beneficial if members accepted the concept of the amendment for the Rate Stabilization Reserve. Referring to the wording in the proposed policy, Mr. McGiffin suggested that, for clarification, staff re-word the sentences to eliminate the use of “less/more” and “to/from”. The committee recommended acceptance of the amendments for the Rate Stabilization Reserve for consideration by the Legislative, Finance, and Administration Committee for review of the Financial Policies. By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. Amendment to Regulation 1146 Agreement Members were provided a letter dated May 5, 2008, written to the State of Delaware Department of Natural Resources (DNREC), Air and Waste Management advising them of the City’s withdrawal of the Regulation 1146 Compliance Plan for the McKee Run Generating Station Unit 3. Mr. Vince Scire, Plant Manager at McKee Run, provided an update on the Regulation 1146 Agreement, reminding members that the regulations apply to coal and residual oil fired units, which would include McKee Run Generating Station Unit 3. Since the submission of the Regulation 1146 Compliance Plan to DNREC, the City has determined that the technology chosen would not provide the expected NOx reductions needed to comply with the Regulations. As a result, Mr. Scire advised members that the City reviewed the operational and financial implications of this finding and have determined that the appropriate action is to withdraw the City of Dover Regulation 1146 Compliance Plan and make the McKee Run Unit 3 exempt from complying with Regulation 1146 by converting

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 14 Unit 3 from firing residual oil and natural gas to firing distillate oil and natural gas effective January 1, 2009. Responding to Mr. Ruane, Mr. DePrima stated that although a written response has not been received, he explained that the letter from the City is the result of several meetings with DNREC and assured members that there was an understanding of the City’s intentions in this regard. Mr. Scire also advised members that although the engineering design has not been completed, it is anticipated that there will be a significant decrease in the cost of the alternative plan over the original compliance plan. As requested by Mr. Ruane, Mr. DePrima assured members that staff would be kept abreast of this matter. He noted that information is also included in the monthly report received from PACE. Mr. Ruane moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and unanimously carried. PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - MAY 13, 2008 The Parks, Recreation, and Community Enhancement Committee met on May 13, 2008 with Chairwoman Russell presiding. Proposed Zoning Text Amendment - Appendix B - Zoning, Article 3 - District Regulations, Section 27 - Corridor Overlay Zone 1 (COZ-1), Subsection 27.62 - Building Placement During their Regular Meeting of April 28, 2008, City Council conducted a First Reading and referred a proposed zoning text amendment to Subsection 27.62 - Building Placement of Appendix B - Zoning, Article 3 - District Regulations, Section 27 - Corridor Overlay Zone 1 (COZ-1), of the Dover Code. Mrs. Melson-Williams, City Planner, advised members that an amendment to the Zoning Ordinance, by adding a new Subsection 27.62(a), was requested by Mr. Constantine Malmberg. She explained that the proposed amendment would relieve applicants from any potential hardship imposed by the location of a corner lot with frontages on two (2) corridors subject to the COZ. Specifically, it limits the applicability of the parking location and setback requirements set forth in the COZ to only one (1) corridor. Responding to Mrs. Russell, Mrs. Townshend, Director of Planning and Inspections, advised members that Mr. Malmberg represents the owners of the property located on the southeast corner of the intersection of Route 8 and Saulsbury Road (old Exxon Station). During the layout of the site, it was discovered that applying the COZ to both frontages created challenges. Mrs. Townshend advised members that the COZ requires the primary entrance to face the corridor and explained that this requirement, along with the setback requirements of a minimum of 20’ and maximum of 30’ would require a building to be located in close proximity to the streets, which would prevent them from providing a practicable location for parking. She advised members that staff agrees that corner properties with both frontages subject to the requirements of the COZ may experience a hardship in meeting the parking location and setback requirements of the COZ; therefore, staff supports the text amendment in concept. However, staff recommended that the proposed text amendment be located within a new Subsection 27.7. In addition, staff has recommended alternative language to accomplish the same results. Members were provided staff’s proposal in addition to the applicant’s version of the proposed amendment.

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 15 In response to Mr. Ruane, Mrs. Townshend advised members that there is only one intersection where both corridors are subject to the COZ, which is the intersection of Route 8 and Saulsbury Road. Staff recommended approval of the Substitute Ordinance #2008-25, amending Appendix B - Zoning Ordinance, Article 3 - District Regulations, Section 27 Corridor Overlay Zone 1 (COZ-1) by adding a new Subsection 27.7. The committee recommended adoption of the Substitute Ordinance #2008-25, with the understanding that staff and the Planning Commission will adhere strictly to the requirements that are contained elsewhere in the amended section related to what constitutes superior design. By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. (The First Reading of the Ordinance took place during the Council Meeting of April 28, 2008 and a Public Hearing has been scheduled for June 9, 2008 at 7:30 p.m.) Update - Skate Park Committee Mr. Carter, Parks and Recreation Director, reminded members that staff was recently requested to provide the committee with monthly updates of the Skate Park Committee. He indicated that the committee has been formed and have met twice. He introduced Mr. Dean Holden, Chairman of the Skate Park Committee. Mr. Holden advised members that the committee has begun initial discussions regarding the type of skate park, design, size, parking, location, legal issues, public support, etc. He stated that discussions have been held with Mr. Hugg, Town of Smyrna, regarding their experience in the development of a skate park. He advised members that a comprehensive report will be presented to the City for their review and consideration in support of a skate park. Mr. Ruane reminded members that in their support of a skate park, Council was specific regarding the requirement of a parent organization (citizen’s group) that will continue beyond the planning of the park and be responsible for establishing the rules and assuring that the rules are followed by the users. He noted that any petition should include an actual mailing address (street and city). Update - Planning and Funding for New Library Mr. Carter, Parks and Recreation Director, provided an update on the planning and funding for the new library. He introduced Ms. Joan Stover, Acting Library Director. Update - Puncheon Run Watershed Action Team Update Mr. Koenig, Public Services Director, indicated that the Puncheon Run Watershed Action Team met and that the consultant has finalized the report, which will be forwarded to members this week. He anticipates that the Action Team will be meeting again to discuss the finalized report prior to July 1, 2008. Mr. Koenig noted that there are several recommendations included in the report for consideration. Update - CDBG Program Members were provided the status report on the FY 2007 Program Funds Spent for the CDBG Program. Mrs. Townshend, Director of Planning and Inspections, advised members that during their

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 16 Annual Meeting of May 12, 2008, City Council approved the 2008 CDBG Action Plan and Resolution. Members requested clarification regarding the project details (furnishings) for Connections Community Support as well as further details regarding the unencumbered balances. Update - Schutte Park Space - Boys and Girls Club/CDSA There was no information to report on the Schutte Park Space for the Boys and Girls Club/CDSA. State Eminent Domain Proposed Legislation Mr. DePrima, City Manager, advised members that there are three (3) Bills in the legislature that call for changes in the way eminent domain is exercised. He explained that eminent domain is the right of the government to take property for public purposes, and requires the property owner to be fairly compensated. A recent U.S. Supreme Court decision that allows eminent domain to be used for “economic development” has caused many State established laws to prevent the practice. Members were provided information regarding the Bills: SB194, HB289, and SB245. It was Mr. DePrima’s opinion that such legislation is not necessary, and indicated his understanding that some of the legislation is in response to an eminent domain action by the City of Wilmington. Of the three Bills, he stated that HB289 seems to be reasonable and does not infringe on the City’s right to eradicate public nuisances or re-develop blighted areas. He advised members that SB245 has more restrictive language regarding economic development in Section (a), but does allow eminent domain for removing blight and slum areas, structures beyond repair, and abandoned property. He noted that SB194 is vaguely written and that the lobbyists for the League of Local Governments has indicated that its “vagueness” would not meet a court test. Mr. Ruane indicated that SB245 is a substitute Bill for SB194 and HB289 and explained that the provisions of SB194 and HB289 have been inserted into SB245. He provided members with a copy of a letter received from the City of Wilmington, indicating their opposition. He referred to a Resolution recently adopted (April 14, 2008) that is germane to this issue since it, in effect, designates the City as being responsible for slum and blight area clearance and encourages redevelopment in these areas. He advised members that SB245 could jeopardize these efforts. The committee recommended that the Mayor, City Manager, and other appropriate parties be authorized to speak at the various hearings in opposition of this legislation. Mr. Slavin relayed his concern, feeling that the City may be overacting. He noted that the City very rarely has exercised the right of eminent domain, nor is there an indication of a need to do so in the near future. He suggested that the City support the League of Local Government in their opposition; however, it was his opinion that the City should not take an active role lobbying for or against any legislation that does not pertain to City business. As a member of the Legislative Committee for the League of Local Governments, Mr. Ruane expressed the importance of the Mayor, City Manager, and members of Council speaking before the legislators regarding these issues. He explained that when municipalities do not take this type of action, there is an assumption made by the General Assembly that such legislation does not affect municipalities. Although the League will address the General Assembly, he stated that they request that representatives of municipalities also do so, as well as contact their legislators. Otherwise, Mr. Ruane suggested that by being silent, it would indicate consent.

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 17 Mrs. Russell moved to approve the committee’s recommendation that the Mayor, City Manager, and other appropriate parties be authorized to speak at the various hearings in opposition of this legislation, SB245. The motion was seconded by Mr. Ruane and carried with Mr. Slavin and Mrs. Williams voting no. Comprehensive Plan Amendment Review Mrs. Townshend, Director of Planning and Inspections, reviewed the update on the Comprehensive Plan Amendment. She noted that, based on input received during the workshops and directly from the various agencies, staff has begun to draft updated goals. In reviewing the information provided, she requested that members indicate whether the major topics have been addressed and, regarding the goals (Chapter 1) and recommendations, if staff is on the “right track”. Noting that the information was not included in the packet, Mr. Lewis indicated his inability to comment since he has not had adequate time to review the material provided. In addition, he reminded staff that members had previously requested that staff include page numbering when the documents were submitted to the committee. Mr. Ruane suggested that staff provide some type of indication regarding new information to help differentiate it from information currently included in the Plan. He felt that inter-connectivity issues should be considered when there is linkage between chapters and suggested that each should reference the other. He also suggested that there be a recognition of the role that other service providers are playing in the specified areas (i.e. healthcare should recognize Bayhealth). Mr. Ruane stated that the 2030 Plan needs to be included and that other groups that have or are working on plans, should provide their text (at least summaries) to also be included. In response to Mr. Tenusak, Mrs. Townshend stated that additional workshops will be held during the second and third weeks of June. She suggested that comments should be submitted directly to staff for inclusion in the Plan. Referring to the goals, Mr. Ruane suggested that stormwater utility should be included as a goal. He noted that homeland security is not mentioned, public safety includes environmental issues, and he suggested that there be reference to the chemical cars sitting in or passing through the City, noting that new regulations have recently been issued. Responding to Mrs. Townshend, Mr. Ruane stated that he would provide additional suggestions directly to staff for inclusion. Mr. Leary moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mr. McGiffin and unanimously carried. TAX APPEALS COMMITTEE REPORT - MAY 14, 2008 The Tax Appeals Committee met on May 14, 2008 with Chairman Ruane presiding. Appeal - Beulah Gray Appeal # 2008-011 Location: 722 Forest Street (ED05-076.12-01-24.00). Appealed Value - $105,700; Requested Value - $102,000; Recommended Value - $105,700. Staff recommended that the 2008 Appeal be denied. Background and Analysis

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 18 Ms. Gray had demolished a portion of her home in 2005. At the same time, she applied for a permit to construct an addition (384 square feet) in the amount of $25,000; and applied for a permit in 2006 to construct a screen porch (87 square feet) in the amount of $4,500. Staff is in the process of clearing up old permits and collected the data for both permits at one time. Ms. Gray’s prior value for her property was $96,700 before demolishing the rear portion of her home and adding the new addition and the screen porch. Her final value, which is under appeal, was $105,700, which represents a $9,000 increase in value for the $29,500 value of permits taken out on the property. The committee recommended denial of the appeal and acceptance of the property value in the amount of $105,700. Ms. Russell, Acting City Assessor, advised members that on January 9, 2008, the City’s Residential Technician arrived at the appellant’s residence for inspection of the addition and porch and was denied access to the property. Approximately one month later, the Residential Technician utilized his judgement on the size of the improvements since being denied access. A letter was sent to the property owner indicating that the property value increased from $96,700 to $104,100. Upon its receipt, Ms. Gray contacted staff and granted permission to herself (Ms. Russell) to access the property for measuring and inspection of the improvements. Ms. Russell stated that she was able to measure and inspect the improvements within the week, after which time, the property was revalued to $105,700 since there was an additional 135 square feet that was not included in the judgment of the Residential Technician since he was not granted access to the property. Ms. Russell explained the increase to Ms. Gray and, on April 24, 2008, she submitted an appeal of the value in the amount of $105,700. Ms. Russell advised members that appellants were requested to meet with staff informally on May 6, 2008 and to provide any documentation to support their appeal. Ms. Gray declined the informal meeting since she had already spoken to staff regarding the issue before filing the appeal. She stated that Ms. Gray’s appeal was scheduled to be considered by the Tax Appeals Committee on May 14, 2008 at 9:45 a.m. On May 9, 2008, Ms. Gray contacted staff indicating that she would not be available at 9:45 a.m. due to existing daily doctor appointments. Since the agenda had been finalized, Ms. Russell suggested that she would discuss this matter with committee members. It was suggested that the appellant provide a doctor’s note or something to indicate her unavailability to attend the meeting on May 14, 2008. Ms. Russell stated that when staff requested this information from Ms. Gray, her response was that the City was “out of line” and she would not be at the meeting nor would she submit any documentation to explain her absence. Council President Hogan declared the public hearing open. Ms. Gray referred to her letter dated May 27, 2008, which provides an explanation of her appeal (Exhibit #4). Responding to Mr. Salters, Ms. Russell indicated that the difference between last year’s versus this year’s taxes would result in approximately a $56 increase and the difference between the requested value and recommended value would result in approximately a $12 increase. There being no one else wishing to speak, Council President Hogan declared the public hearing closed.

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 19 Mr. Ruane moved to accept the committee’s recommendation, seconded by Mr. Leary and carried by a roll call vote of eight (8) yes and one (1) no (Mr. Slavin). Appeal - Karen Rose Appeal # 2008-009 Location: 29 N. Prestwick Court (ED05-067.13-01-36.00). Appealed Value - $220,800; Requested Value - $160,000; Recommended Value - $220,800. Staff recommended that the 2008 Appeal be denied. Background and Analysis: Ms. Rose appealed her property value based on the fact that her crawl space is flooded; compromised foundation due to previously treated termites; area around home floods easily; 2 bedrooms are unable to be used for children due to size of sliding glass windows; the half bath has always been unusable because of lack of hot water. Ms. Rose did not show up for her scheduled informal appeal, to which she was asked to bring any pertinent information that would support her appeal. Based on not receiving any supporting documentation or supporting evidence and keeping the properties equal and uniform within the neighborhood, we have not made any adjustments to the property value. Ms. Rose did attend the Tax Appeal Committee meeting and was asked to speak on her behalf. She had four items she wanted the committee to know about, as follows: 1) The yard floods which caused the patio to sink; 2) The crawlspace floods, and she cannot find anyone who will fix it; 3) The house has termites, which caused structural damage; and 4) Cracking of walls in the house due to the flooding. Ms. Rose was asked if she had an appraisal or some kind of information which suggests that the property values in her neighborhood have decreased. Acting Assessor Cheryl Russell was asked if the house was valued equal to other properties in the neighborhood. Ms. Russell had researched the neighborhood for comparable properties and assured the Committee, that the property was uniform with other properties in her neighborhood. Members asked Ms. Russell to explain the grading system the Assessor’s Office uses, which she did briefly. Members asked why the claim about the termite problem would not change the assessment. Ms. Russell said that it might change the assessment, but that Ms. Rose had not provided the office with any proof of any of the problems she has with the property. It was suggested that Ms. Rose be given an extension in order to provide her the opportunity to obtain the following: 1. Termite Inspection Report, with reference to structural damage; 2. Statement of Fact from Listing Real Estate Agency a. Offers Made? b. Length of Time on Market c. Asking Price 3. House Inspection

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 20 The committee recommended postponing the appeal to allow Ms. Rose some time to obtain the requested documentation. By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. Withdrawal - Dimple Enterprises LLC Appeal 2008-002 Location: 348 N. DuPont Hwy. (ED05-068.13-01-79.00) Staff recommended that the withdrawal from the 2008 Appeal Process be acknowledged. Background and Analysis Mr. Sheth had originally appealed the property value based on the fact that he was demolishing a portion of the hotel. At the time the property owner filed for the demolition permit, he was unsure if the demolition would be complete and didn’t want to be dissatisfied with his final value after the demolition. The Assessor’s Office revalued the property based on the demolition of the building and advised the property owner of his new value due to the demolition. The property owner was satisfied, after discussion as to how the office came up with the number, and advised that he would withdraw his 2008 Appeal. The committee recommend acceptance of the withdrawal. By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. Withdrawal - Emerald Pointe LLC Appeal # 2008-001 Location: Emerald Point Subdivision (multiple parcels). Open Space: ED-05-067.01-02-15.00; ED-05-067.01-02-14.00; ED-05-067.01-02-13.00; ED-05-067.01-01-97.00; ED-05-067.01-01- 98.00; ED-05-067.01-01-96.00; ED-05-067.01-01-99.00. Parcels with Improvements: ED-05- 067.01-01-16.00; ED-05-067.01-02-05.00 Staff recommended that the withdrawal from the 2008 Appeal Process be acknowledged. Background and Analysis: Emerald Pointe requested that the open space be exempt from ad valorem taxation. During their informal appeal on May 6, 2008, they were informed that the open space could not be considered exempt until such a time as the homeowner’s association took over the ownership of the parcels. They accepted this information and withdrew the appeal for the open space. Emerald Pointe was also advised that two of the parcels, they were requesting an exemption on, had improvements and were listed for sale. At this time, the Certificate of Occupancy has not been issued. Since the improvements were almost 100 % complete, staff advised them that they would not recommend a reduction for these two parcels. They agreed to withdraw the appeal for the two lots with improvements. The committee recommended acceptance of the withdrawal from the 2008 Appeal Process.

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 21 By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. Withdrawal - Heinz & Helga Wirger Appeal # 2008-008 Location: 186 Maple Glen Drive (ED05-056.20-01-32.00). Appealed Value $ 245,100. Staff recommended that the withdrawal from the 2008 Appeal Process be acknowledged. Background and Analysis: Mr. & Mrs. Wirger had an informal appeal hearing in the Assessor’s Office on May 06, 2008. Staff requested them to bring any information that they felt would be pertinent to defend a reduction of value for their property. The property owners brought an on-line HTE printout with their neighbor’s information. The Assessor’s Office produced two comparable properties to defend the City of Dover’s value. One of the properties that the owners brought in reflected the $50,000 Senior Citizen Reduction. Once the owners realized that their values were similar to the other properties in their neighborhood and the fact that sales that occurred after the January 1, 2005 Base cannot be utilized, they decided to withdraw their 2008 Appeal. The committee recommended acceptance of the withdrawal from the 2008 Appeal Process. By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. Administrative - Brian & Elaine Scanlan Appeal # 2008-010 Location: 6 Meadowlark Lane (LC05-068.08-01-10.00). Original Value - $291,200; Recommended Value - $278,200. Staff recommended that the Administrative Changes be approved and the value be changed to reflect the changes. Background and Analysis: The above property had been measured incorrectly upon its completion in 2004. This error was made known to the office by the Kent County Assessor, who brought it to staff’s attention within the last month. Staff revisited the property and re-measured the improvements. The Assessor’s Office had too much square footage and has reduced the square footage based upon the re- measurement of the improvements. The committee recommended acceptance of the Administrative Change to the property value. By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. Administrative - Calogero & Rosalie Guarraggi Appeal # 2008-007 Location: 14 Riverside Road (ED05-085.06-01-61.00). Original Value - $319,300; Recommended Value - $279,800. Staff recommended that the Administrative Changes be approved and the value be changed to reflect the changes.

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 22 Background and Analysis: The above property had been coded incorrectly upon its completion in 2005, and on a recent building permit for a roof over an existing patio. The property was coded as being an A-Grade, excellent condition, which is generally reserved for more custom built homes in the Fox Hall, Retreat and Baltray neighborhoods. After meeting with the appellants, staff had an area of their home coded as a two-story addition, when in fact, it was a one story area; staff also had 3 full baths instead of 2.5. Staff originally had the home valued at $307,600 which the City based their property taxes on starting in October 2005 through the 2007 tax billing. In staff’s efforts to clear up old permits, a permit was added for a shed and roof over an existing patio. The roof over the existing patio should have been coded as a covered porch, but was coded as an open frame porch; which brought the value up to $319,300. When the property owner received their “New Value” notice, they chose to appeal the value on their property. After meeting with the appellant, we made the administrative changes to correct the property records. The committee recommended acceptance of the Administrative Changes made by the Assessor’s Office. By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. Stipulation - Emerald Pointe LLC Appeal # 2008-001 Location: Emerald Pointe Subdivision (51 properties) Parcels at 75% of Value ED-05-067.01-01-18.00 ED-05-067.01-01-40.00 ED-05-067.01-01-79.00 ED-05-067.01-01-19.00 ED-05-067.01-01-41.00 ED-05-067.01-01-80.00 ED-05-067.01-01-20.00 ED-05-067.01-01-42.00 ED-05-067.01-01-81.00 ED-05-067.01-01-21.00 ED-05-067.01-01-43.00 ED-05-067.01-01-82.00 ED-05-067.01-01-23.00 ED-05-067.01-01-44.00 ED-05-067.01-01-83.00 ED-05-067.01-01-24.00 ED-05-067.01-01-45.00 ED-05-067.01-01-84.00 ED-05-067.01-01-25.00 ED-05-067.01-01-46.00 ED-05-067.01-01-85.00 ED-05-067.01-01-26.00 ED-05-067.01-01-47.00 ED-05-067.01-01-86.00 ED-05-067.01-01-27.00 ED-05-067.01-01-50.00 ED-05-067.01-01-87.00 ED-05-067.01-01-28.00 ED-05-067.01-01-51.00 ED-05-067.01-01-88.00 ED-05-067.01-01-29.00 ED-05-067.01-01-54.00 ED-05-067.01-01-89.00 ED-05-067.01-01-30.00 ED-05-067.01-01-55.00 ED-05-067.01-01-90.00 ED-05-067.01-01-31.00 ED-05-067.01-01-63.00 ED-05-067.01-02-09.00 ED-05-067.01-01-32.00 ED-05-067.01-01-76.00 ED-05-067.01-02-10.00 ED-05-067.01-01-33.00 ED-05-067.01-01-77.00 ED-05-067.01-01-34.00 ED-05-067.01-01-78.00 Parcels at 40% of Value ED-05-067.01-01-39.00 ED-05-067.01-01-35.00 ED-05-067.01-01-36.00 ED-05-067.01-01-37.00 ED-05-067.01-01-38.00

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 23 Original Value - $ 4,601,700; Stipulated Value - $ 3,292,500 Staff recommended that stipulated values be approved. Background and Analysis: The Emerald Pointe Subdivision has been valued on the full price of the vacant lots in the Emerald Pointe Subdivision. Other subdivisions currently under construction within the City of Dover have been valued at 75% of value on the vacant lots until such a time as a Certificate of Occupancy has been issued. These lots should be receiving a 25% reduction in value, with the exception of five lots, as the road leading up to these lots has not been paved yet. These lots will be valued at 40% of value until such a time as the road has been paved. Mr. Ruane wanted to make sure that a process is in place that prompts the Assessor’s Office to check on the finishing of the road. Ms. Russell assured the Committee that the office will check on this road periodically. The committee recommended that the negotiated and stipulated values of 75% for the 46 properties and the 5 properties listed at 40% value. By consent agenda, Mr. Leary moved for approval of the committee’s recommendation, seconded by Mr. Slavin and carried by a unanimous roll call vote. Mr. Ruane moved for acceptance of the Tax Appeals Committee Report, seconded by Mr. Leary and unanimously carried. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - MAY 27, 2008 The Legislative, Finance, and Administration Committee meeting was held on May 27, 2008 with Chairman Slavin presiding. Council President Hogan noted that, with the exception of the following time sensitive issue, the committee’s report from May 27, 2008 will be presented to Council during the Regular Meeting of June 9, 2008 for their review and consideration. Pay for Performance (PFP) Review - Consultant Revised Scope of Work During the committee meeting of March 10, 2008, members recommended approval of the request to hire Management Advisory Group (MAG), at a cost of $34,965, to conduct a Review and Evaluation of the PFP Evaluation System, which was approved by City Council on March 24, 2008. Mr. DePrima, City Manager, reminded members that during their meeting of April 14, 2008, members were provided information regarding the need to consider salary re-grading of non-bargaining employees. He had explained that the recent decision by City Council to use the PAS Position Factor Analysis Scoring for the Controller\Treasurer position “without adjustments” brought out the need to review several other positions that used the same scoring but were adjusted by City Council in the past. It was suggested that members consider amending the current contract with MAG to conduct a review and evaluation of the PFP Evaluation System to include the optional maintenance agreement. Mr. DePrima stated that staff submitted a request to MAG for information regarding the costs involved to include a market study. As a result, MAG submitted a revised Scope of Work that will address the concerns expressed by members during their April 14th meeting. He advised members

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 24 that the added cost of the contract is $5,000, which can be covered in existing budgets, and reviewed a summary of the changes to the contract, as follows: 1. It has been reworked so that it identifies tasks to be completed before June 30, 2008 and after June 30, 2008. The task to be completed before June 30th related to the salary analysis for non-bargaining employees. 2. It reflects the databases and information that MAG requested at the May 13th meeting. 3. It introduces a process where employees can submit issues relative to current classification, title, grade, etc. Dr. Long confirmed that this process will also be open to Council members. 4. A complete review of non-bargaining primary duties and functions. 5. MAG will use their “compendium of compensation data” to evaluate and compare Dover salaries to the external market. Mr. DePrima reviewed MAG’s Revised Work Plan for the City of Dover. Staff recommended approval of the Management Advisory Group revised contract and scope of work in the amount of $39,965. Mr. McGlumphy relayed concern regarding the database utilized by MAG and proposals to increase salaries much greater than what can be afforded by the City. If the increases occur, he requested that staff provide details regarding each pay increase for the 20 positions. He stated his opposition to providing the pay raises proposed for the upper management positions. Responding, Mr. DePrima explained that the 20 positions were included in the material provided for the April 14th meeting and that, at this time, he recommended withdrawing that proposal and that MAG be requested to review all (estimated 84) non-bargaining positions. For an additional $5,000, he explained that Council will be provided a much more thorough and comprehensive recommendation that what was originally recommended by staff. Mr. DePrima disagreed with the assumption that the review will result in recommendations for huge salary increases, explaining that this information will not be known until the study has been completed. Responding to Mrs. Williams, Mr. DePrima reminded members that next year’s budget includes contingency amounts to cover any proposed salary increases. If the results of the study require additional funds, he suggested that Council will make a determination regarding the proposed increases and/or budget reductions. Mr. Ruane suggested that staff assured that MAG utilize the salary scale adopted by City Council in 2003 rather than the original salary scale submitted by MAG. Mr. McGlumphy requested that staff encourage MAG to interview members of the community in conducting their study. The committee recommended approval of the Management Advisory Group revised contract and scope of work in the amount of $39,965, as recommended by staff. Mr. Slavin moved for approval of the committee’s recommendation, seconded by Mr. Salters.

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 25 Mr. McGlumphy reiterated his opposition to the request, explaining his opinion that the scope of the work being requested is already within the original contract. He also relayed his concern regarding the excess of proposed salaries. Mr. Ruane requested clarification as to which salary scale will be utilized by MAG: the salary scale adopted by City Council in 2003 or the original salary scale submitted by MAG. Responding, Mr. DePrima suggested that the determination of the salary scale should be made by MAG, explaining his opinion that, in accordance with their contract, MAG will be evaluating the salary scale to determine what would be most appropriate. Concurring with the concerns mentioned by Mr. McGlumphy regarding the entire PFP system, Mr. Leary stated that although he supports revising the contract to increase the scope of the study, it should not be construed to indicate his approval of the PFP system. The motion to approve the Management Advisory Group revised contract and scope of work in the amount of $39,965 was carried by a roll call vote of eight (8) yes and one (1) no (Mr. McGlumphy). Mr. Slavin moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. McGlumphy and unanimously carried. MONTHLY REPORTS - APRIL 2008 By motion of Mr. Leary, seconded by Mr. Slavin, the following monthly reports were accepted by consent agenda: Budget Report Chief of Police Report City Assessor Report City Manager's Report Planning and Inspections Report Dover Fire Department Report CIP Report DOWNTOWN DOVER PARTNERSHIP: BYLAWS AND ARTICLES OF INCORPORATION Mr. DePrima, City Manager, introduced the Chairs of the Organizations involved in the Downtown Dover Partnership: Mr. Smith, Dover Parking Authority; Mr. Patterson, DDDC; and Mr. Lakeman, Dover Main Street. As a reminder, he stated that members have been considering the creation of the Downtown Dover Partnership for several months. He presented members with the Bylaws and Articles of Incorporation for the Downtown Dover Partnership for their consideration, to be effective July 1, 2008. Responding to Mr. Ruane, Mr. DePrima stated that it is anticipated that Section 2 of Article VII of the Bylaws will be invoked on July 1, 2008, explaining that in lieu of an appointed Executive Director, the City Council will appoint the City Planner to serve as the Executive Director. Mr. Slavin moved for acceptance of the Bylaws (Exhibit #5) and Articles of Incorporation (Exhibit #6) for the Downtown Dover Partnership, seconded by Mrs. Russell and carried by a unanimous roll call vote.

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 26 SET PUBLIC HEARING - ELECTRIC FUND BUDGET A public hearing on the Electric Revenue Fund Budget is required for compliance with the 1985 Electric Revenue (Refunding) Bonds Resolution - Annual Budget Section (as amended by 1990 Bond Resolution) prior to adoption of the budget. Staff recommended that the public hearing be set for June 9, 2008 at 7:30 p.m. Mr. Leary moved to set a public hearing for June 9, 2008 at 7:30 p.m. for the 2008/2009 City of Dover Electric Fund Budget, seconded by Mr. Slavin and unanimously carried. EVALUATION OF BIDS - ST. JONES SWITCHGEAR Mr. Lunt, Public Utility Director, advised members that the switchgear is a pre-manufactured building that contains the distribution breakers, relays, batteries, communication equipment and other components related to the substation. It receives the distribution voltage from the transformer and splits it to the six distribution circuits and contains relays and components that protect the transformer from overload and/or faults. Mr. Lunt stated that bids were solicited for a switchgear and that a total of nine (9) proposals were received from four (4) vendors. One (1) proposal was incomplete and four (4) did not meet specifications and were rejected due to non-compliance. The four (4) responsive proposals received from NRP&S, HD Supply, National Electric Systems and Powersecure were evaluated. After evaluating these proposals, all were in compliance with the specifications and considered responsive. Staff recommended awarding the proposal to the lowest responsive bidder, HD Supply, in the amount of $1,006,896, for the purchase of the St. Jones switchgear. Mr. Slavin moved for approval of staff’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote. APPOINTMENTS RECOMMENDED BY COUNCIL PRESIDENT HOGAN Council President Hogan requested approval of the following appointments: Safety Advisory and Transportation Committee - Terms to Expire May 2009 Thomas J. Leary, Chairman (to fill expired term of Kenneth L. Hogan) Sophia R. Russell (to fill expired term of Thomas J. Leary) Tax Appeals Committee - Term to Expire March 2009 Sophia R. Russell (to fill unexpired term of Kenneth L. Hogan) Utility Committee - Term to Expire May 2009 Beverly Williams (to fill unexpired term of Thomas J. Leary) City Chaplain - Wallace Dixon - Annual Appointment Expires June 2009 Wallace Dixon By consent agenda, Mr. Leary moved for approval of the appointments as recommended by Council President Hogan, seconded by Mr. Slavin and carried by a unanimous roll call vote. REAPPOINTMENTS RECOMMENDED BY MAYOR CAREY Mayor Carey requested approval of the following reappointments:

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 27 Planning Commission - Three (3) Year Terms to Expire June 1, 2011 Francis C. Nichols - First District Col. Robert D. Welsh - First District Fred Tolbert - Third District Dover Public Library Commission - Five (5) Year Term to Expire Jun 16, 2013 Gertrude Jackson By consent agenda, Mr. Leary moved for approval of the reappointments as recommended by Mayor Carey, seconded by Mr. Slavin and carried by a unanimous roll call vote. RECONSIDERATION OF REZONING/ONE YEAR LIMITATION EXPIRATION - FIRST READING In accordance with Article 10, Section 5.183 of the Zoning Code, if construction has not started or a satisfactory explanation for the failure to commence construction has not been received within one year from the effective date of the amendment to the zoning map, an amendment to rezone the land to its prior classification shall be automatically placed on the agenda to be reconsidered by City Council. Members were advised that property located on the north side of White Oak Road and northeast of the intersection of White Oak Road and Halsey Road, consisting of 1.1152+/- acres, owned by Leon and Dorothy Hansen was rezoned from CPO (Commercial/Professional Office Development) to I/O (Institutional and Office) on September 11, 2006. A request for an extension was denied on September 24, 2007. Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required. Staff recommended referring the reconsideration of the rezoning to the Planning Commission on June 16, 2008 and that a public hearing be set for July 14, 2008 at 7:30 p.m. By motion of Mrs. Williams, seconded by Mr. Leary, Council unanimously referred the request to the Planning Commission and set a public hearing for July 14, 2008 at 7:30 p.m. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT ON THE NORTH SIDE OF WHITE OAK ROAD AND NORTHEAST OF THE INTERSECTION OF WHITE OAK ROAD AND HALSEY ROAD. 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. Property Located at 1001 and 1003-1059 Walker Road, Owned by Hamlet Shopping Center Associates and 100 West Tenth Street Corporation A rezoning request for property located at 1001 and 1003-1059 Walker Road, owned by Hamlet Shopping Center Associates and 100 West Tenth Street Corporation. The property is currently

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 28 zoned SC-1 (Neighborhood Shopping Center) and COZ-1 (Corridor Overlay Zone 1) and the requested zoning is C-2A (Limited Central Commercial), subject to COZ-1. By motion of Mrs. Williams, seconded by Mr. Leary, Council unanimously referred the following rezoning requests to the Planning Commission for June 16, 2008 and set a public hearing for July 14, 2008 at 7:30 p.m. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1001 AND 1003-1059 WALKER ROAD. Property Located at the Intersection of New Burton Road and Webbs Lane (429 Webbs Lane), Owned by Newbofox Properties, LLC A rezoning request for property located at the intersection of New Burton Road and Webbs Lane (429 Webbs Lane), owned by Newbofox Properties, LLC. The property is currently zoned C-3 (Service Commercial) and the requested zoning is C-2A (Limited Central Commercial). By motion of Mrs. Williams, seconded by Mr. Salters, Council unanimously referred the following rezoning requests to the Planning Commission for June 16, 2008 and set a public hearing for July 14, 2008 at 7:30 p.m. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT THE INTERSECTION OF NEW BURTON ROAD AND WEBBS LANE (429 WEBBS LANE). FIRST READING - REZONING REQUEST/PROPOSED ORDINANCE - LAND DEVELOPMENT PLAN AMENDMENT TO COMPREHENSIVE PLAN UPDATE 2003, AS AMENDED IN MAY 2005, SEPTEMBER 2006, MARCH 2007, AND MARCH 2008 A request was received to rezone property located at 412 East Loockerman Street, consisting of 0.6276+/- acres, owned by the Estate of Gary F. Dalton. The property is currently zoned R-10 (One Family Residential) and the applicant is requesting that the property be rezoned to C-PO (Commercial/Professional Office). The land use classification for this property is designated as Residential Medium Density on Map 11-1. The application received to rezone the property has been identified as being inconsistent with Map 11-1. The appropriate land use classification for the proposed zoning would be Office and Office Parks. Therefore, the applicant is requesting that the land use type be changed to Office and Office Parks. 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 Update 2003, as Amended in May 2005, September 2006, March 2007, and March 2008 a public hearing is required. Staff recommended referral of the amendment to the Planning Commission on July 21, 2008, and that a public hearing

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 29 take place during the Council Meeting of July 28, 2008, at 7:30 p.m., at which time, final action by Council will take place. Mrs. Townshend, Director of Planning and Inspections, explained that the applicant is proposing to use the site as a professional office in the existing building, which is not a permitted use in the R-10 zone. Responding to Mr. Ruane, Mrs. Townshend stated that the cut-off date for Comprehensive Plan amendments was May 2, 2008 and that the application was received on that date. The current building is a vacant residence and it has been confirmed that there are no other offices along this area of the street. Mr. Ruane relayed his opposition to the consideration of the proposed amendment, explaining that the proposed amendment would create a change to a gateway into the City, by changing the nature of the area from residential to office. By motion of Mr. Leary, seconded by Mr. Slavin, Council, by a roll call vote of seven (7) yes and two (2) no (Mr. McGlumphy and Mr. Ruane), referred the request to the Planning Commission for July 21, 2008 and set a public hearing for July 28, 2008 at 7:30 p.m. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendment as read by the City Clerk, by title only, as follows: AN ORDINANCE AMENDING THE CITY OF DOVER COMPREHENSIVE PLAN UPDATE, 2003, AS AMENDED IN MAY 2005, SEPTEMBER 2006, MARCH 2007, AND MARCH 2008 BY AMENDING LAND DEVELOPMENT MAP 11-1 AND AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 412 EAST LOOCKERMAN STREET FIRST READING - PROPOSED ORDINANCES - PROPOSED FEE INCREASES AND NEW FEES 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. City Clerk’s Office Note: Earlier during the meeting, members of Council took no further action regarding the Legislative, Finance, and Committee’s recommendation regarding the proposed fee increases and new fees. Mr. McGlumphy moved to table the consideration of the First Reading of the Ordinances relative to the Proposed Fee Increases and New Fees (Chapters 22, 26, 46, and 66, and Appendix A, Article IV). The motion was seconded by Mr. Slavin and unanimously carried. FIRST READING - PROPOSED ZONING TEXT AMENDMENTS 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. Since the ordinances are amendments to the Zoning Code, a public hearing is required. Staff recommended referral of the amendments to the Planning Commission on June 16, 2008 and that a public hearing take place during the Council Meeting of June 23, 2008, at 7:30 p.m., at which time, final action by Council will take place. City Clerk’s Office Note: Earlier during the meeting, members of Council took no further action regarding the Legislative, Finance, and Committee’s recommendation regarding the proposed fee increases and new fees.

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CITY COUNCIL MEETING OF MAY 27, 2008 PAGE 30 Mrs. Williams moved to table the consideration of the First Reading of the Zoning Text Amendments relative to the Proposed Fee Increases and New Fees (Appendix B, Articles 3, 8, 9, and 10). The motion was seconded by Mr. Leary and unanimously carried. COUNCIL MEMBERS ANNOUNCEMENTS Mr. Salters announced that the African American Festival is scheduled to be held on Saturday, June 28, 2008 and invited everyone to attend. Mr. Hogan reminded members that Budget Hearings will be held on June 2, 2008 at 6:30 p.m. and that the Comprehensive Plan Update Workshops for the public, as follows: Tuesday, June 10th from 3:00 pm - 6:00 pm at the Dover Park Wednesday, June 11th from 6:00 pm - 9:00 pm at the Dover Police Assembly Room Tuesday, June 17th from 6:00 pm - 9:00 pm at the Dover Elks Lodge Wednesday, June 18th from 6:00 pm - 9:00 pm at the City Council Chambers In celebration of his 79th birthday, Mrs. Russell, on behalf of the Mayor, City Council, and City Staff, presented Mr. Salters with a birthday card. Mr. Slavin moved for adjournment, seconded by Mr. Leary and unanimously carried. Meeting Adjourned at 10:01 P.M. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of May 27, 2008, are hereby approved. CARLETON E. CAREY, SR. MAYOR /TM/jg S:\ClerksOffice\Agendas&Minutes\Council-Minutes\2008\05-27-2008.wpd Exhibits Attached to Original Minutes and File Copy Exhibit #1 - Presentation of Planning and Inspections Annual Report Exhibit #2 - Rezoning Petition and Amendment to the Land Development Plan Map of the Comprehensive Plan - North Side of Commerce Way Exhibit #3 - Wholesale Power Supply Review Exhibit #4 - Letter Dated May 27, 2008 from Ms. Beulah Gray Exhibit #5 - Bylaws - Downtown Dover Partnership Exhibit #6 - Articles of Incorporation - Downtown Dover Partnership

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PROCLAMATION WHEREAS, by Act of Congress of the United States dated June 14, 1777, the first official flag of the United States was adopted; and WHEREAS, by Act of Congress dated August 3, 1949, June 14 of each year was designated “NATIONAL FLAG DAY”; and WHEREAS, the Congress requested the President to annually issue a proclamation designating the week in which June 14 occurs as “NATIONAL FLAG WEEK”; and WHEREAS, on December 8, 1982, the National Flag Day Foundation was chartered to conduct educational programs and to encourage all Americans to PAUSE FOR THE PLEDGE OF ALLEGIANCE on Flag Day, June 14; and WHEREAS, by Act of Congress, Public Law 99-54 was passed to have the PAUSE FOR THE PLEDGE OF ALLEGIANCE as part of the celebration of National Flag Day throughout the nation; and WHEREAS, Flag Day celebrates our nation’s symbol of unity, devotion to freedom, and the equal rights of all. NOW, THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE do hereby proclaim June 14, 2008 as FLAG DAY in the City of Dover and urge all residents to PAUSE FOR THE PLEDGE OF ALLEGIANCE in honor of the Flag of the United States of America. ____________________________ CARLETON E. CAREY, SR. Mayor

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PROCLAMATION WHEREAS, the greatest challenge facing humanity is the recognition of the oneness of humankind; and WHEREAS, any act which discriminates against or otherwise restricts the human rights of any person or group of persons demeans their dignity; and WHEREAS, it is important that we uphold an equal standing of human rights for all persons; and WHEREAS, we affirm our belief in the kinship of humankind, the equality of men and women, and that all persons are equal in their spiritual essence and human dignity; and WHEREAS, the recognition that humankind belongs to one family brings with it the a responsibility to respect and to help one another in every way; and WHEREAS, Race Unity Day was inaugurated in 1957 and has been recognized by the United Nations and by a resolution of the Delaware General Assembly; and WHEREAS, the goals of Race Unity Day are consistent with the objectives of the Dover Human Relations Commission. NOW, THEREFORE, I, CARLETON E. CAREY, SR., MAYOR OF THE CITY OF DOVER, DELAWARE, do hereby proclaim Sunday, June 10, 2008 as Race Unity Day in the City of Dover and urge all residents to promote in themselves and in their community, those qualities and attributes which will generate the recognition that humankind belongs to one family, to fight prejudice wherever it is found, and to ensure that all persons have an equal opportunity to develop their unique capacities. __________________________ CARLETON E. CAREY, SR. Mayor

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June 9,2008 Presentation to City Council 1

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Electric Rate Increase Proposed July 1, 2008 Revenue Generated by Dollar Rate Increase Requirement $ Existing Rates $ Difference $ Required Total System 98,529,079 92,081,400 6,447,679 7.0% 2

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A New, Higher Price Floor for Energy 25 Factors Driving Energy Prices: • Energy demand growth • Higher E & P costs 20 • Globalization • Supply chain constraints Step change in energy prices will not US$/GJ (nominal) • Currency exchange 15 • Electricity deregulation revert; energy prices will remain • GHG & environmental high and uncertain. • Trading & speculation 10 A New Higher Energy Price Floor 5 0 1989 1994 1999 2004 2009 2014 2019 2024 Crude Oil, WTI (1st) Crude Oil, Brent Gas, Henry Hub Coal, ARA Marker Fuel Oil, 1% S, ARA Gasoil, #2, NYH 3

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Wholesale Power Market Prices for Dover Prices have nearly tripled since 2002 100 90 80 70 $/MWh 60 50 40 30 20 Ja M 2 ayn- Se 2-0 p- Ja 2 M 3n- 0 0 0 ay Se 3-0 p- Ja 3 M 4 ayn- Se 4-00 0 p- Ja 4 n- M 5 ay Se 5-0 p- Ja 5 n- 0 0 0 M 6 ay Se 6-0 p- Ja 6 n- M 7 ay -00 0 0 Se 7 p- Ja 7 n- 0 08 Dover Monthly Avg Power Price Long-Term Trend 4

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Ratepayers facing steep increases across US & gRegion State, Power co‐op Constellation reach truce raises rates [BG&E] 1.1 million residential Delaware Electric Coop has raised electric rates by customers, … will pay 85 percent more for t 8.86 percent electricity than in 2005 Delaware Online, March 30, 2008 Baltimore Sun, March 30, 2008 Dominion Pursues 18 Percent … Hike …largest one‐time rate increase … since the 1970s … necessary to offset … fuel [purchases] Washington Post, May 7, 2008 Con Ed Ameren Seeks to Increase … Up to 17% requests 12.1% … rate increase …by 17 percent for … residential … and by 10.7 Ameren Corp., will file … for a 12.1 percent … rate percent for … business increase The New York Times, St. Louis Business Journal, May 5, 2007 April 4, 2008 5

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Budget Variances: FY 08/09 Budget Versus $7.00 Oi riginal FY 07/08 B d udget $0.84 $0.55 $6.00 $0.51 $1.04 $5.00 $0.50 $4.91 $4.00 $1.32 5.4% $/MWh $3.00 $3.25 $2.00 $1.00 $- Power Supply Net Capacity Power Plant Management PJM Plant O&M Emission Sales (Incl Load Transmission Costs Margins Fees Following) Charges 6

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Effect of Dover’s Proactive Management on FY08/09 Rates • Without risk management, customers would be experiencing a 13% increase in power supply costs (budgeted market prices) however, … • … risk management contained cost increase to 5.4%. • In aggregate, the hedge positions have saved the rate payers $5.2 million on a year over budget year basis. • In ddi addition, if generation assets were retired h i the rate payers would bear an additional $5 million cost and rates would have increased 20% on a year over budget year basis. • In summary, Dover has been able to manage through extraordinary energy price increases through proactive management of risk, and the optimization of the plant values. 7

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Need for Rate Adjustments • Current Rates Implemented July 1, 2007. • Additional Changes were Expected. • Financial Forecast was Updated. • Purchased Power Costs Adjusted. • Capital Requirements Incorporated. Taken May 23, 2008 Utility Committee Presentation 8

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Cost Drivers Projected Expenses Increasing: • Purchased Power Expenses – Up 10.4 Percent • Total Electric Operating Expenses – Up 7 Percent • Major Capital Improvements – $22 Million in New Debt Taken May 23, 2008 Utility Committee Presentation 9

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Financial Forecast • Results Reviewed • Key Financial Targets – Debt Service Coverage – Positive Net Margins • Determined Revenue Adjustment – FY 2009 – 7.0 Percent Taken May 23, 2008 Utility Committee Presentation 10

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Cost‐of‐Service Analysis • Unbundled Revenue Requirements – Power Supply (Demand & Energy) – Transmission – Distribution b – Customer • Assigned Costs to Classes – Allocation Factors • Summarized Results Taken May 23, 2008 Utility Committee Presentation 11

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I di ndicated Level of Adjustments Small Medium Large Total Transmission Commercial Commercial Commercial P irimary R id esidential 7% 7% 5% 13% 11% 0% 8% Taken May 23, 2008 Utility Committee Presentation 12

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Rate Design Analysis • Address 7% Revenue Shortfall • Rate Implementation Strategy – Implement July 1, 2008 – Consider Cost of Service Results – Rate Adjustments by Class Vary Taken May 23, 2008 Utility Committee Presentation 13

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Current and Proposed Rates Customer Class Customer Charge Energy Charge Demand Charge ($/month) ($/kWh) ($/kW-month) Current Proposed Current Proposed Current Proposed Residential 5.00 5.00 0.1343 0.1450 - - Small Commercial Single Phase 5.00 5.00 0.1387 0.1465 - - Small Commercial Three Phase 15.00 15.00 0.1387 0.1465 - - Medium Commerical Single Phase 5.00 5.00 0.0950 0.0915 9.75 15.70 Medium Commerical Three Phase 15.00 15.00 0.0950 0.0915 9.75 15.70 Large Commercial * 15.00 15.00 0.0950 0.0915 9.75 15.70 Primary * 10.00 10.00 0.0935 0.0895 9.60 11.25 Transmission * - - 0.0886 0.0875 6.25 10.50 * Large Commercial, P i rimary and Transmission customer l t classes have power factor dj t adjustment. Taken May 23, 2008 Utility Committee Presentation 14

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Transmission Rate Determination of Demand Adjustment Power Factor Correction Change Current Proposed 90% 98.5% Change Holds Transmission Customers to h the Same Standard as hthe City Taken May 23, 2008 Utility Committee Presentation 15

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Typical Bill Comparisons 16

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Residential July 1, 2007 July 1, 2008 Change Rate Rate Amount Percent Monthly Energy Usage of 1,000 kWh Customer Charge $5.00 $5.00 $0.00 Energy Charges 134.30 145.00 10.70 Total Bill $139.30 $150.00 $10.70 7.68% Monthly Energy Usage of 750 kWh Customer Charge $5.00 $5.00 $0.00 Energy Charges 100.73 108.75 8.02 Total Bill $105.73 $113.75 $8.02 7.59% Taken May 23, 2008 Utility Committee Presentation 17

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Small Commercial – Rental Office (Single Phase) July 1, 2007 July 1, 2008 Change Rate Rate Amount Percent Monthly Energy Usage of 2,226 kWh Customer Charge $5.00 $5.00 $0.00 Energy Charges 308.75 326.11 17.36 Utility Tax 13.33 14.07 0.74 Total Bill $327.08 $345.18 $18.10 5.53% Monthly Energy Usage of 3,220 kWh Customer Charge $5.00 $5.00 $0.00 Energy Charges 446.61 471.73 25.12 Utility Tax 19.19 20.26 1.07 Total Bill $470.81 $496.99 $26.18 5.56% Taken May 23, 2008 Utility Committee Presentation 18

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Small Commercial – Bank (Three Phase) July 1, 2007 July 1, 2008 Change Rate Rate Amount Percent Monthly Energy Usage of 2,507 kWh Customer Charge $15.00 $15.00 $0.00 Energy Charges 347.72 367.28 19.55 Utility Tax 15.42 16.25 0.83 Total Bill $378.14 $398.52 $20.39 5.39% Monthly Energy Usage of 3,510 kWh Customer Charge $15.00 $15.00 $0.00 Energy Charges 486.84 514.22 27.38 Utility Tax 21.33 22.49 1.16 Total Bill $523.17 $551.71 $28.54 5.46% Taken May 23, 2008 Utility Committee Presentation 19

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Medium Commercial – Bank (Single Phase) July 1, 2007 July 1, 2008 Change Rate Rate Amount Percent Monthly Energy Usage of 6,240 kWh, Demand of 18.50 kW Customer Charge $5.00 $5.00 $0.00 Demand Charges 180.38 290.45 110.08 Energy Charges 592.80 570.96 -21.84 Utility Tax 33.07 36.82 3.75 Total Bill $811.25 $903.23 $91.98 11.34% Monthly Energy Usage of 5,683 kWh, Demand of 25.50 kW Customer Charge $5.00 $5.00 $0.00 Demand Charges 248.63 400.35 151.73 Energy Charges 539.89 519.99 -19.89 Utility Tax 33.72 39.33 5.60 Total Bill $827.23 $964.67 $137.44 16.61% Taken May 23, 2008 Utility Committee Presentation 20

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Large Commercial – Car Dealer July 1, 2007 July 1, 2008 Change Rate Rate Amount Percent Monthly Energy Usage of 43,000 kWh, Demand of 133.60 kW Customer Charge $15.00 $15.00 $0.00 Demand Charges 1,302.60 2,097.52 794.92 Energy Charges 4,085.00 3,934.50 -150.50 Power Factor Adjustment -16.25 -26.16 -9.92 Utility Tax 229.61 257.00 27.39 Total Bill $5,615.96 $6,277.85 $661.89 11.79% o Monthly Energy Usage of ,5 e 42,520 kWh, e Demand of 6 146.80 kW Customer Charge $15.00 $15.00 $0.00 Demand Charges 1431.30 2304.76 873.46 Energy Charges 4039.40 3890.58 -148.82 Power Factor Adjustment -36.56 -58.87 -22.31 Utility Tax 233.14 263.94 30.80 Total Bill $5,682.29 $6,415.41 $733.13 12.90% Taken May 23, 2008 Utility Committee Presentation 21

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Primary – Insurance Company July 1, 2007 July 1, 2008 Change Rate Rate Amount Percent Monthly Energy Usage of 129,000 kWh, Demand of 330.01 kW Customer Charge $10.00 $10.00 $0.00 Demand Charges 3,168.10 3,712.61 544.52 Energy Charges 12,061.50 11,545.50 -516.00 Power Factor Adjustment j 712.37 834.81 122.44 Utility Tax 304.79 305.36 0.57 Total Bill $16,256.76 $16,408.29 $151.53 0.93% Monthly Energy Usage of 77,000 kWh, Demand of 300.00 kW Customer Charge $10.00 $10.00 $0.00 Demand Charges 2,880.00 3,375.00 495.00 Energy C a e harges 7,199.50 , 6,891.50 -308.00 308 Power Factor Adjustment 0.00 0.00 0.00 Utility Tax 201.79 205.53 3.74 Total Bill $10,291.29 $10,482.03 $190.74 1.85% Taken May 23, 2008 Utility Committee Presentation 22

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Transmission July 1, 2007 July 1, 2008 Change Rate Rate Amount Percent Monthly Energy Usage of 1,674,000 kWh, Demand of 2,604.15 kW Demand Charges 16,275.94 27,343.58 11,067.64 Energy Charges 148,316.40 146,475.00 -1,841.40 Power Factor Adjustment 1,946.97 3,270.92 1,323.94 Utility Tax 3,291.85 3,476.37 184.52 Total Bill $169,831.16 $180,565.86 $10,734.70 6.32% Monthly Energy Usage of 1,458,000 kWh, Demand of 2,234.00 kW Demand Charges 13,964.06 23,459.63 9,495.56 Energy Charges 129,178.80 127,575.00 -1,603.80 Power Factor Adjustment 1,712.92 2,877.70 1,164.78 Utility Tax 2,862.86 3,020.69 157.84 Total Bill $147,718.64 $156,933.02 $9,214.38 6.24% Taken May 23, 2008 Utility Committee Presentation 23

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Discussion & Questions 24

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PETITION TO AMEND ZONING ORDINANCE TEXT Before the Dover City Council June 9, 2008 Applicants/Owners: Constantine F. Malmberg, III Proposed Zoning Change: Amendment to Zoning Ordinance, Article 3 – District Regulations, Section 27 Corridor Overlay Zone 1 (COZ-1) to add a new subsection 27.62(a). Summary of Amendment: This Ordinance relieves applicants from any potential hardship imposed by the location of a corner lot with frontages on two corridors subject to the Corridor Overlay Zone. Specifically, it limits the applicability of the parking location and setback requirements set forth in the Corridor Overlay Zone to only one corridor. Staff Recommendation: Staff agrees that corner properties with both frontages subject to the requirements of the Corridor Overlay Zone may experience a hardship in meeting the parking location and setback requirements of the Corridor Overlay Zone. Therefore, staff supports the text amendment in concept. However, staff suggests that the proposed text amendment be located within a new subsection 27.7. Additionally, staff has recommended alternative language to accomplish the same end. The staff proposal is attached in addition to the applicant’s version. Planning Commission Recommendation: Following a public hearing before the Planning Commission on May 19, 2008, in which nobody spoke in favor of or in opposition to the proposed text amendment, Planning Commission voted to recommend that City Council adopt the staff substitute ordinance.

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MI-08-08 Corridor Overlay Zone Report to City Council – June 9, 2008 Page 2 Applicability: There is only one intersection where both corridors are subject to the Corridor Overlay Zone: the intersection of Route 8 and Saulsbury Road. As written, this is the only area where this would apply. Staff reviewed the possibility of extending the proposal to all corner properties within the Corridor Overlay Zone; however, we found that flexibility exists on corners where one road is not within the Corridor Overlay Zone to adequately accommodate building placement and parking within the context of the current requirements. Below is a graphic showing the geographic application of the proposed amendment at the intersection of Route 8 and Saulsbury Road. File Number: MI-08-08

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FINAL READING CITY OF DOVER ORDINANCE #2008-25 - SUBSTITUTE #1 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, 2 IN COUNCIL MET: 3 That Chapter: Appendix B – Zoning Ordinance, Article 3 – District Regulations, 4 Section 27 Corridor Overlay Zone 1 (COZ-1) be amended by adding a new subsection 5 27.7 as follows: 6 Sec. 27.7 Properties Located on a Corner Lot with Two Frontages 7 within the Corridor Overlay Zone. When a property is located on the 8 corner of two corridors within the Corridor Overlay Zone, only one of 9 the two corridors shall be subject to the requirements of Section 27.61 10 Setbacks and Section 27.63(a) Parking Location. The frontage of the 11 property on which the identifiable front of the building is located shall 12 be the frontage that is subject to the requirements of Section 27.61 and 13 Section 27.63(a). In designing the site, in order to qualify for the relief 14 under this subsection, the applicant must demonstrate to the satisfaction 15 of the planning commission that the design incorporates the principles of 16 superior urban design defined in Section 27.2. 17 ADOPTED * 18 SYNOPSIS 19 This Ordinance relieves applicants from any potential hardship imposed 20 by the location of a corner lot with frontages on two corridors subject to 21 the Corridor Overlay Zone. Specifically, it limits the applicability of the 22 parking location and setback requirements set forth in the Corridor 23 Overlay Zone to only one corridor. 24 Actions History: May 12, 2008 – Park, Recreation & Community Enhancement Committee 25 May 19, 2008 – Planning Commission

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26 The text below shows the proposed text amendment in the context of the entire 27 Corridor Overlay Zone. The proposed text is included in bold. 28 Section 27. Corridor overlay zone 1 (COZ-1). 29 27.1 Purpose. The corridor overlay zone (COZ) is established for the following reasons: 30 (a) To promote superior urban corridor development and the highest quality built 31 environment; 32 (b) To foster coordination and linkage among corridor properties and with adjacent 33 lands; 34 (c) To preserve the functionality and efficiency of the roadway for traffic 35 movement; and 36 (d) To achieve a visually balanced streetscape environment which is friendly to the 37 pedestrian and motorist alike. 38 27.2 Superior urban design. For the purposes of this ordinance the term "superior urban 39 design" shall meet the following criteria: 40 (a) Superior urban design places a strict and primary importance on the pedestrian. 41 The concept should lend itself to interconnectivity while presenting building 42 structures as aspects of the street, not simply islands existing in the "sea of roads". 43 The design should encourage fewer car-trips, as well as promote automobile trips on 44 an interconnected local street system rather than trips that utilize the arterials. In 45 demonstrating superior urban design, an applicant must show that the plan presented 46 exceeds the requirements of the zoning ordinance in at least two of the following 47 areas: 48 (i) Transportation amenities for bicycles, pedestrians and transit that exceed 49 those required by the zoning ordinance; 50 (ii) Architectural features including, but not limited to: LEED-certified 51 buildings; unique architecture not replicated in other locations; use of 52 architectural elements such as entry porticos, porte-cocheres, colonnades, 53 cornices, porch columns and balusters, band courses, coins, water tables and 54 other trim that enhances visual quality and function of the structure; and use 55 of the highest-quality construction materials. 56 (iii) Landscaping that exceeds the requirements of this section, including 57 robust use of trees, shrubbery, and flowering plants to screen parked cars; 58 water gardens and ponds; arboretums; tree preservation measures; 59 (iv) Public spaces and art including, but not limited to, sculpture, memorials, 60 murals, public court yards and pocket parks, and fountains; 61 (v) Green technologies for stormwater management, as well as green energy 62 technologies such as geothermal heating and cooling and solar energy 63 supplies. 64 (b) The city planner shall develop policy guidance on how the concept of superior 65 urban design will be evaluated. 66 27.3 Zone boundaries. The COZ encompasses the lands adjacent to the following roadways 67 as outlined on the City of Dover Zoning Map as set forth in article 2, section 2 of this 68 ordinance: 69 (a) Delaware Route 8 (Forrest and Division Streets) from the railroad tracks in a 70 westerly direction to the city limit line.

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71 (b) McKee/Saulsbury Road (County Road 156) from the intersection at Dennys 72 Road (County Road 100) in a southerly direction to the terminal intersection with 73 West North Street (County Road 73). 74 27.4 Permitted uses. Land use shall be governed by those provisions of this ordinance 75 related to the specific zoning district designations of each property as depicted on the zoning 76 map. 77 27.5 Site development plan approval. Site development plan approval in accordance with 78 article 10, section 2 shall be required prior to the issuance of building permits for the erection 79 or enlargement of all structures and prior to the issuance of certificates of occupancy for any 80 change in use. When the zoning district regulations specify that a particular use requires 81 conditional use approval in accordance with article 10, section 1, the provisions of that 82 article shall apply. Site development plans and conditional use site plans for properties 83 within the COZ shall reflect compliance with the development guidelines of this article, in 84 addition to all other applicable codes and regulations. 85 27.6 Development guidelines. 86 27.61Setbacks: 87 a. Front yards. 88 Residential Nonresidential 89 Min. Max. Min. Max. 90 McKee/Saulsbury 60' to 80' 40' to 50' * 91 Route 8--Artis Drive to Mifflin Road 60' to 80' None 92 Route 8--Mifflin Road to Saulsbury Road 40' to 60' 40' to 60' * 93 Route 8--Saulsbury Road to R.R. line 20' to 30' 20' to 30' 94 Subdivision streets (Setback provisions of article 4 shall apply) 95 * When the applicant can demonstrate to the satisfaction of the planning commission 96 through the site plan review process that the proposal involves a superior urban 97 design, the maximum setback may be increased to no more than 90 feet from the 98 property line on Route 8 from Mifflin Road to Saulsbury Road and on McKee and 99 Saulsbury Roads. 100 27.62 Building placement. Buildings shall be situated on the property so as to 101 maximize the use of the frontage along the roadway and shall have the longest side of 102 the building arranged parallel and square to the roadway. When the applicant can 103 demonstrate to the satisfaction of the planning commission that, due to specific 104 constraints related to lot configuration, alternative building placements may be 105 permitted. 106 27.63 Parking. 107 (a) Location. Parking shall not be permitted to be situated within the front 108 yard, nor between the right-of-way line and the building, except in the 109 following instances: 110 (i) Automobile service stations;

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111 (ii) Properties in a shopping center (SC) zoning district, in which case, 112 parking may be permitted between the building and the roadway, provided 113 that such parking [shall] be limited to five rows of single parking spaces 114 between the road and the storefront; 115 (iii) When the applicant can demonstrate to the satisfaction of the planning 116 commission through the site plan review process that the design presented 117 involves a superior urban design, parking may be permitted between the 118 building and the street, provided that such parking within this area shall be 119 adequately landscaped and screened from the roadway. 120 (b) Required number of spaces. See specific district requirements in article 4. 121 (c) Layout. 122 (i) Parking lots shall be arranged in such a manner so that not more than 20 123 parking spaces in a row shall be permitted without a landscaped island. No 124 more than six rows of 20 spaces shall be provided without provision for a 125 landscaped median. Parking islands shall be a minimum of ten feet wide and 126 planting medians shall be no less than eight feet wide. 127 (ii) There shall be a landscaped buffer area of at least 12 feet in width 128 between the building and parking lot and drive areas. The buffer area shall 129 include provisions for a sidewalk of at least six feet and no greater than eight 130 feet in width. The buffer area and sidewalk shall be grade separated from the 131 parking lot by concrete curbing of at least six inches in height. 132 (d) Landscaping. Design shall be simple and easy to maintain and shall consist of a 133 combination of hardy canopy trees, low evergreen shrubs and turf grass, and shall be 134 designed in accordance with landscape guidelines set forth in article 5, section 15 of 135 this ordinance and as follows: 136 (i) Interior landscaping. A minimum of five percent of the interior area of a 137 parking lot shall be reserved for landscape purposes. This provision shall 138 include the landscaping of all required parking islands and medians. Shade 139 trees shall be incorporated within the landscaped islands whenever and 140 wherever practicable. 141 (ii) Parking lot screening adjacent to public right-of-way. Low profile 142 screening shall be required when parking spaces would result in vehicles 143 facing onto the roadway. Screening may consist of a low wall, evergreen 144 hedge with a minimum height of two feet at the time of planting, planted three 145 feet apart on center, and a maximum height of three feet at maturity, or earth 146 berm. Should a low wall be used, such wall shall be accompanied by 147 evergreen shrub plantings on the roadway side of the wall and spaced ten feet 148 apart on center. 149 (iii) Reserved. 150 27.64 Site access. 151 (a) Entrance width and radii. Site entrances shall have a minimum width of 152 24 feet. Entrances involving a median divider shall be at least 35 feet in width. 153 Entrance radii shall be a minimum of 15 feet and a maximum of 25 feet. 154 (b) Number of entrances and curb cut spacing. One curb cut shall be 155 permitted for each street which abuts a site. For sites with street frontage in 156 excess of 300 linear feet, one additional curb cut may be permitted. For sites 157 with street frontage in excess of 600 linear feet, two additional curb cuts may 158 be permitted.

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159 Multiple curb cuts on a property shall have a minimum spacing distance in 160 accordance with the following schedule: 161 Speed Limit Maximum Spacing (Ft.) 162 25 105 163 30 125 164 35 150 165 40 185 166 45 230 167 50 275 168 (c) [Shared access.] Shared access shall be provided, whenever possible, for 169 entrances to adjoining uses, including residential driveways. 170 (d) [Cross access.] Cross access shall be provided among abutting uses of 171 similar use categories, whenever possible, to provide linkage between 172 properties as an alternative to re-entering the corridor to access both existing 173 and future neighboring properties. 174 (e) Entrance locations for adjoining properties. Commercial site entrances 175 shall be no closer than 25 feet to an adjoining property which is zoned 176 residential and no closer than ten feet to an adjoining property which is in a 177 nonresidential zoning category. 178 27.65 [Signs.] Signs shall meet the regulations found in article 5, section 4, 179 supplementary sign regulations. 180 27.66 Building height. 181 (a) Buildings shall be limited in overall height to 35 feet and shall not exceed 182 two stories. 183 27.67 Open space and landscaping. 184 (a) Lot coverage. Each lot shall have a minimum of 25 percent of the lot 185 area dedicated to be landscaped open space. A lesser amount of landscaped 186 open space may be permitted when it can be demonstrated to the satisfaction 187 of the planning commission, through the site plan review process, that, due to 188 lot configuration and existing built conditions, the required minimum is 189 impractical. 190 (b) Frontage. Each lot shall have a landscaped open space of at least 25 feet 191 in width, measured from the back of curb along the entire frontage of the lot, 192 except at points of site access. Trees shall be provided along the frontage 193 perimeter at a minimum rate of one tree for each 50 linear feet of frontage. 194 (c) Side and rear yards. A minimum of 15 feet of landscaped open space 195 shall be provided along all side and rear lot lines when abutting a residential 196 use and a minimum of five feet when abutting a nonresidential use. Tree 197 plantings shall be provided along all nonfrontage perimeters at a minimum 198 rate of one tree for each 75 linear feet. 199 (d) Stormwater detention ponds. Detention ponds may be counted toward 200 the minimum 25 percent open space area, provided that such ponds are

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201 designed to emulate natural features by incorporating irregular outline, 202 gradual slopes (no greater than 1:4), and appropriate landscape plantings. 203 (e) Landscaping. Landscaped open spaces shall be designed in accordance 204 with the provisions of this section, as well as the landscaping guidelines as set 205 forth in article 5, section 9 of this ordinance. 206 (f) Screening. The following items shall be located so as to minimize 207 visibility from the roadway, adjacent properties and other public areas, and 208 shall be screened from public view: 209 (1) Service bays; 210 (2) Loading docks and platforms; 211 (3) Rooftop utilities; 212 (4) Satellite dishes; 213 (5) Dumpsters; 214 (6) Storage areas. 215 (g) Standard for tree plantings. Trees shall be of a high canopy variety and 216 shall be limbed to a minimum height of 12 feet above grade at maturity. 217 (h) Standards for shrubbery. Shrubbery shall be of a low evergreen variety 218 and shall be limited to use as foundation plantings and for screening 219 purposes. 220 (i) Standards for ground cover. Ground cover shall be limited to turf and 221 ornamental grasses and ornamental evergreen ground cover plantings within 222 required landscape areas. 223 27.68 Lot configuration. All lots within the corridor overlay district created after the 224 enactment of this section shall conform to the following: 225 (a) Minimum lot area [shall be] 10,000 square feet. Service stations [shall 226 have a minimum lot area of] 20,000 square feet. 227 (b) Minimum lot depth shall be 100 feet. In the C-3 (service commercial) 228 district, the minimum lot depth shall be 150 feet. 229 (c) Minimum road frontage shall be at least 100 feet. In the C-3 (service 230 commercial) district, the minimum road frontage shall be 150 feet. 231 27.69 Architectural review. The side of any building which faces the corridor (or 232 corridors) shall be referred to as the "corridor elevation." Buildings in the COZ-1 233 shall be designed to front on the corridor, and the corridor elevation shall contain 234 architectural elements traditionally associated with the front of a building. Blank 235 walls without functioning windows are prohibited along the corridor. Windows must 236 be incorporated into the overall design concept of the corridor elevation. Providing 237 one or several small windows on a large corridor elevation shall not constitute 238 compliance with this ordinance. 239 A "functioning window" shall be defined as a window which lets light into the 240 interior of the structure, and is integrated and related to the interior layout of the 241 space. In addition to functioning windows, the corridor elevation shall have the 242 following elements: 243 (a) A primary entrance door or doors (except for loading doors). 244 (b) A primary entrance feature, such as a porch, portico, awning, entrance 245 walk, or other similar feature. 246 In addition, the corridor elevation shall have one of the following elements: 247 (a) Landscaping integrated into the building design concept.

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248 (b) Architectural or urban design elements which link adjacent structures 249 together, such as plazas, walkways, colonnades, or similar features. 250 (c) Architectural relief, such as vertical and horizontal offsets in exterior 251 wall elevations, band courses, lintels and sill courses, cornices, and the like, to 252 create shadow lines. 253 The applicant shall submit 12 copies of the corridor elevation at the time of 254 application. The city planner or his/her designee shall determine whether compliance 255 with the provisions of this ordinance has been achieved. 256 Sec. 27.7. Properties Located on a Corner Lot with Two Frontages within 257 the Corridor Overlay Zone. When a property is located on the corner of 258 two corridors within the Corridor Overlay Zone, only one of the two 259 corridors shall be subject to the requirements of Section 27.61 Setbacks 260 and Section 27.63(a) Parking Location. The frontage of the property on 261 which the identifiable front of the building is located shall be the frontage 262 that is subject to the requirements of Section 27.61 and Section 27.63(a). 263 In designing the site, in order to qualify for the relief under this 264 subsection, the applicant must demonstrate to the satisfaction of the 265 planning commission that the design incorporates the principles of 266 superior urban design defined in Section 27.2.

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FINAL READING CITY OF DOVER ORDINANCE #2008-25 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, 2 IN COUNCIL MET: 3 That Appendix B - Zoning, Article 3 - District Regulations, Section 27.62 - Building 4 Placement, be amended by inserting a new Section 27.62(a) as follows: 5 Sec. 27.62(a). When an applicant has property bordering on two roads 6 subject to the COZ and the applicant demonstrates to the satisfaction of 7 the Planning Commission through the Site Plan Review process that the 8 design presented involves superior urban design, then the setbacks set 9 forth in Section 27.61(a) and the parking restriction set forth in 27.63 10 shall only apply to the side of the property designated by the applicant 11 as the front. 12 ADOPTED: * 13 SYNOPSIS 14 This Ordinance relieves applicants from any hardship imposed by 15 application of the COZ to two sides of a property when it is a corner lot. 16 Actions History 17 April 28, 2008 - First Reading 18 May 19, 2008 - Planning Commission

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UTILITY COMMITTEE The Utility Committee meeting was held on May 27, 2008 at 5:00 p.m. with Chairman Ruane presiding. Members present were Mr. McGiffin, Mr. Cregar, and Mr. Snaman. Mr. Leary was absent. Members of Council present were Mr. Slavin (arrived at 5:16 p.m.), Mrs. Williams, and Council President Hogan. AGENDA ADDITIONS/DELETIONS Mr. McGiffin moved for approval of the agenda, seconded by Mr. Cregar and unanimously carried. 2030 Power Plant Development Mr. Lunt, Public Utilities Director, advised members that since May 2007, the Dover 2030 Energy Requirements Committee has been meeting approximately every month to review the PJM Market, evaluate the capacity/energy requirements of the City’s system, and identify action plans to address the City’s future energy needs. He stated that after extensive discussion on the market and capacity/energy shortfall, it was decided to solicit the energy development market to gain knowledge of what options are available to the City through a Request for Qualifications process. The goal was to gain information and knowledge from the potential developers and identify possible solutions to the City’s requirements. This concept was outlined at the January 14, 2008 Utility Committee Meeting. Mr. Lunt indicated that the second phase of this process is beginning, which is to evaluate the four (4) submissions to determine the most economical and feasible solution to the City’s future needs. A summary of the four (4) responses was provided to members for information purposes. He explained that the recommended negotiated contract will be to compensate Pace Global Asset Management, LLC (PACE) for the expenses related to this evaluation. The authority to enter this partnership was outlined in the May 4, 2006 Energy Management Agreement whereby the City of Dover (City) and PACE contracted with PACE to assist the City with its energy procurement, energy sale, purchase of fuels, establishment and management of risk policies, operation of assets, develop and manage hedging protocols and related energy procurement challenges. Within this Agreement, Article 3 – Energy Manager Function, Section 3.1 (a) (iv) allows for other technical/consulting services at the disclosed hourly rate upon express written requests and instructions from Dover. Mr. Lunt indicated that Dover has outlined the scope of work and reviewed the proposal received from PACE. He noted that, within the proposal, they anticipated that the second phase of this process would take approximately five (5) months with a cost of $30,000/month retainer fee, plus five percent (5%) G&A and travel reimbursement for a projected expense of $150,000 plus $7,500 G&A and $2,500 for travel, or a total estimate of $160,000. Mr. Lunt stated that there also is a true-up for the retainer fee where the final billing will be for the total actual hours expended during the second phase. If PACE expends less hours, the invoice will credit the City; however, if they expend more time than anticipated, the City will only be billed for the $30,000. This method will ensure that the City can control their expenses. Staff recommended that the City Manager be authorized to execute the Pace Global Asset Management Generation RFP as presented for an estimated expense of $160,000.

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UTILITY COMMITTEE MEETING OF MAY 27, 2008 PAGE 2 Mr. Ruane advised members that he serves as a member of the 2030 Energy Requirements Committee. Mr. McGiffin moved to recommend approval of staff’s recommendation, seconded by Mr. Snaman and unanimously carried. Final Electric Cost of Service Study by Burns & McDonnell During their meeting of May 12, 2008, members reviewed a presentation of the Electric Cost of Service Study. Members were provided an explanation regarding the need for adjustments, net margins, cost of service considerations, and potential rate adjustments. It was noted that the rate design analysis indicates the need for a seven percent (7%) rate adjustment on July 1, 2008, and that the rate adjustments by class may vary depending on the cost of service results. As a result of the Study being completed, Mr. Ted Kelley, Principle with Burns & McDonnell, reviewed a presentation of the Electric Rate Adjustment Considerations (Attachment #1). Referring to the Residential Rate Comparison of other utility providers, Mr. Ruane requested that members be provided an up-to-date list, as of a date certain, when this matter is presented to City Council for consideration (Attachment #2). Mr. McGiffin moved to recommend acceptance of the rate adjustments as recommended, seconded by Mr. Snaman. Mr. Cregar relayed concern that members were not provided ample opportunity to review the material, noting that receipt of the information was provided during the meeting rather than included in the committee’s packet. The motion recommending acceptance of the rate adjustments as recommended by Burns & McDonnell was unanimously carried. 2008 Comprehensive Plan Review: Utility Chapter As directed, staff provided members with the Utility Chapter of the 2008 Comprehensive Plan for their review, which included Chapter 7 - Public Utilities and Infrastructure Plan. Mr. Ruane suggested that staff include a section that would consist of a general outline of how the electric is brought to the City. He also suggested that if there is a goal statement, there should be a paragraph explaining why the goal is necessary (the problem or challenge). PACE/NAES Monthly Report (April) Mr. DePrima provided the PACE/NAES Monthly Report for April 2008. He reminded members that the reports are being provided to allow members the opportunity to monitor what is being sold in electric and the revenues received, which will give members a better understanding of any fluctuations and make improvements if deemed necessary. It was not his intention to make a presentation of the report; however, he welcomed any questions.

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UTILITY COMMITTEE MEETING OF MAY 27, 2008 PAGE 3 Mr. Snaman moved to recommend acceptance of the PACE/NAES Monthly Report for April 2008, seconded by Mr. McGiffin and unanimously carried. Mr. Snaman moved for adjournment, seconded by Mr. McGiffin and unanimously carried. Meeting Adjourned at 5:56 P.M. Respectfully submitted, Eugene B. Ruane Chairman EBR/TM/jg S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2008\05-27-2008 UTILITY.wpd Attachments Attachment #1 - Presentation by Burns & McDonnell - Rate Adjustments Attachment #2 - Residential Rate Comparison of Other Utility Providers as of June 1, 2008

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ATTACHMENT #1 Utility Committee Meeting of 05/27/2008 Utility Committee Meeting of 05/27/2008 ATTACHMENT #1

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Selected Area Utilities ATTACHMENT #2 (Page 1 of 2) Summer (June - Sept.) Utility Committee Meeting of 05/27/2008 RESIDENTIAL RATE COMPARISON @ 1,000 kWh % Difference % Difference De Co-op $131.54 0% -11% Newark $137.53 5% -7% Dover $139.48 6% -5% New Castle $139.98 6% -5% Middletown $145.07 10% -1% Seaford $145.19 10% -1% Milford $145.27 10% -1% Delmarva Power $147.17 12% 0% Clayton $152.70 16% 4% Smyrna $155.28 18% 6% Lewes $168.61 28% 15% * Approximate. DP&L's new transmission capacity charge is based on each individual's Peak Load Contribution (PLC) to the overall transmission load. Each customer has a unique PLC that changes every January. Local Utilities - Summer @ 1,000 kWh's % Difference De Co-op As of June 1, 2008 $117.13 0% *Delmarva Power $137.43 17% Utility Committee Meeting of 05/27/2008 ATTACHMENT #2 (Page 1 of 2) $180.00 Newark $137.53 17% $160.00 Dover $139.48 19% $140.00 New Castle $139.98 20% Lewes $144.16 23% $120.00 Middletown $145.06 24% $100.00 Seaford $145.19 24% $80.00 Milford $146.76 25% $60.00 Clayton $152.70 30% $40.00 Smyrna $160.08 37% $20.00 *$0.00 Approximate. DP&L's new transmission capacity charge is based on each individual's Peak Load Contribution (PLC) to the overall transmission load. Each customer $131.54has a unique $137.53PLC that $139.48 changes every$139.98 January. $145.07 $145.19 $145.27 $147.17 $152.70 $155.28 $168.61 De Co-op Newark Dover New Castle Middletown Seaford Milford Delmarva Clayton Smyrna Lewes Power

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Selected Area Utilities ATTACHMENT #2 (Page 2 of 2) Utility Committee Meeting of 05/27/2008 Winter (Oct. - May) RESIDENTIAL RATE COMPARISON @ 1,000 kWh % Difference % Difference De Co-op $121.95 0% -19% New Castle $132.48 9% -12% Milford $133.53 9% -11% Seaford $136.79 12% -9% Newark $137.53 13% -8% Dover $139.48 14% -7% Middletown $148.24 22% -1% Smyrna $149.28 22% -1% *Delmarva Power $150.16 23% 0% Clayton $152.70 25% 2% Lewes $165.61 36% 10% * Approximate. DP&L's new transmission capacity charge is based on each individual's Peak Load Contribution (PLC) to the overall transmission load. Each customer has a unique PLC that changes every January. Local Utilities - Winter @ 1,000 kWh's As of June 1, 2008 Utility Committee Meeting of 05/27/2008 ATTACHMENT #2 (Page 2 of 2) $180.00 $160.00 $140.00 $120.00 $100.00 $80.00 $60.00 $40.00 $20.00 $0.00 $121.95 $132.48 $133.53 $136.79 $137.53 $139.48 $148.24 $149.28 $150.16 $152.70 $165.61 De Co-op New Castle Milford Seaford Newark Dover Middletown Smyrna *Delmarva Clayton Lewes Power

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LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee meeting was held on May 27, 2008 at 6:04 p.m. with Chairman Slavin presiding. Members present were Mr. McGlumphy, Mr. Salters, and Mr. Shevock. Dr. Jones was absent. Other members of Council present were Mr. Leary, Mr. McGiffin, Mrs. Williams, Mr. Ruane, Council President Hogan, and Mayor Carey. AGENDA ADDITIONS/DELETIONS Mr. Salters moved for approval of the agenda, seconded by Mr. Shevock and unanimously carried. Downtown Dover BID - Assessment (Tax) Rate for Fiscal Year 2008-2009 In accordance with Appendix D, Article III, Section 9(f) of the Dover Code, City Council must adopt a Business Improvement District (BID) budget and assessment every year. Members were provided the FY 2008-2009 budget showing BID tax revenue and the expenses charged against that revenue, as well as the following tax calculation worksheet with recommended rates: JULY 1, 2008 TO JUNE 30, 2009 ZONE 1 ZONE 2 ZONE 3 TOTAL Aggregate Assessments $32,361,100 $58,864,900 $29,621,700 $120,847,700 Assessment Tax Rate Per $100 Assessment 0.0822 0.0362 0.0180 --- Revenue Raised $26,601 $21,309 $5,332 $53,242 % Revenue Raised 50% 40% 10% 100% Number of Parcels 122 113 49 284 Average Assessment $218 $189 $109 $187 It was noted that the revenue percentages by zone have been calculated in accordance with Section 9(e) of Appendix D, Article III of the Dover Code and that the amounts were estimated per the reassessed values. Staff recommended approval of the Downtown Dover Business Improvement District (BID) - Assessment (Tax) Rate for FY 2008-2009 and adoption of the proposed budget ordinance. Mr. Slavin requested that staff include a map depicting each of the zone areas when this matter is presented to City Council for consideration (Attachment #1). Mr. Salters moved to recommend approval of staff’s recommendation (Attachment #2), seconded by Mr. Shevock and carried with Mr. Slavin voting no.

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LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF MAY 27, 2008 PAGE 2 Criminal Justice Council - Amendment to Title V Grant with Aid in Dover Mrs. Townshend, Director of Planning and Inspections, reminded members that in the fall of 2007, the City of Dover, in cooperation with Aid in Dover, Inc., received a grant through the Criminal Justice Council for the Girls Circle Program. With the grant, Aid in Dover provides outreach and training aimed at fostering positive behavior in teenage girls. When presented to members for consideration, she stated that a budget was submitted with the grant. Mrs. Townshend advised members that Aid in Dover has submitted a proposed amended grant budget. She assured members that the program will continue to offer the same service and meet the objective of the grant. She explained that Aid in Dover has proposed a modification to how the program is run, utilizing contractual certified teachers rather than a program facilitator, as initially proposed. Mrs. Townshend indicated that Aid in Dover has also proposed the addition of transportation, field trips, and additional funds for training materials. Mr. McGlumphy moved to recommend approval of the amended grant budget as requested by Aid in Dover, seconded by Mr. Salters and unanimously carried. Pay for Performance (PFP) Review - Consultant Revised Scope of Work During the committee meeting of March 10, 2008, members recommended approval of the request to hire Management Advisory Group (MAG), at a cost of $34,965, to conduct a Review and Evaluation of the PFP Evaluation System, which was approved by City Council on March 24, 2008. Mr. DePrima, City Manager, reminded members that during their meeting of April 14, 2008, members were provided information regarding the need to consider salary re-grading of non-bargaining employees. He had explained that the recent decision by City Council to use the PAS Position Factor Analysis Scoring for the Controller\Treasurer position “without adjustments” brought about the need to review several other positions that used the same scoring but were adjusted by City Council in the past. It was suggested that members consider amending the current contract with MAG to conduct a review and evaluation of the PFP Evaluation System to include the optional maintenance agreement. Mr. DePrima stated that staff submitted a request to MAG for the information regarding the costs involved to include a market study. As a result, MAG submitted a revised Scope of Work that will address the concerns expressed by members during their April 14th meeting. He advised members that the added cost of the contract is $5,000, which can be covered in existing budgets, and reviewed a summary of the changes to the contract, as follows: 1. It has been reworked so that it identifies tasks to be completed before June 30, 2008 and after June 30, 2008. The task to be completed before June 30th relate to the salary analysis for non-bargaining employees. 2. It reflects the databases and information that MAG requested at the May 13th meeting. 3. It introduces a process where employees can submit issues relative to current classification, title, grade, etc. Dr. Long confirmed that this process will also be open to Council members.

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LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF MAY 27, 2008 PAGE 3 4. A complete review of non-bargaining primary duties and functions. 5. MAG will use their “compendium of compensation data” to evaluate and compare Dover salaries to the external market. Mr. DePrima reviewed MAG’s Revised Work Plan for the City of Dover. Staff recommended approval of the Management Advisory Group revised contract and scope of work in the amount of $39,965. Mr. McGlumphy relayed concern regarding the database utilized by MAG and proposals to increase salaries much greater than what can be afforded by the City. If the increases occur, he requested that staff provide details regarding each pay increase for the 20 positions. He stated his opposition to providing the pay raises proposed for the upper management positions. Responding, Mr. DePrima explained that the 20 positions were included in the material provided for the April 14th meeting and that, at this time, he recommended withdrawing that proposal and that MAG be requested to review all (estimated 84) non-bargaining positions. For an additional $5,000, he explained that Council will be provided a much more thorough and comprehensive recommendation than what was originally recommended by staff. Mr. DePrima disagreed with the assumption that the review will result in recommendations for huge salary increases, explaining that this information will not be known until the study has been completed. Responding to Mrs. Williams, Mr. DePrima reminded members that next year’s budget includes contingency amounts to cover any proposed salary increases. If the results of the study require additional funds, he suggested that Council will make a determination regarding the proposed increases and/or budget reductions. Mr. Ruane suggested that staff assure that MAG utilize the salary scale adopted by City Council rather than the original salary scale submitted by MAG. Mr. McGlumphy requested that staff encourage MAG to interview members of the community in conducting their study. Mr. Salters moved to recommend approval of the Management Advisory Group revised contract and scope of work in the amount of $39,965, as recommended by staff. The motion was seconded by Mr. Shevock and carried with Mr. McGlumphy voting no. Due to time constraints, this item was placed on the Council agenda for the meeting being held later in the evening. Donation of $10,000 for Vietnam War Memorial and Discussion of Donation Policy During their meeting of March 31, 2008, members considered a letter from Mr. George Chabbott, President/Broker of Chabbott Petrosky Commercial Realtors, Ltd., requesting a donation in the amount of $10,000 to $60,000+/- for the purpose of building a monument to honor local service members killed and/or missing in action in Vietnam. For reference purposes, members were also provided with the City’s Community Leader and Organization Recognition Policy. The committee recommended support of the Vietnam War Memorial with in-kind contribution not to exceed

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LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF MAY 27, 2008 PAGE 4 $10,000 within the policies of the City; however, during their consideration of the committee’s recommendation at their Regular Meeting of April 14, 2008, City Council tabled the matter for clarification of the committee’s motion; therefore, the matter was referred back to the committee. Members of the committee reconsidered this matter during their meeting of April 28, 2008. In reviewing the committee’s report during the Annual Council Meeting on May 12, 2008, members of City Council referred the issue of providing a donation for the Vietnam War Memorial back to the Legislative, Finance, and Administration Committee to allow for full discussion of the Community Leader and Organization Recognition Policy in an effort to assist in the completion of projects. Due to the absence of the Controller/Treasurer, Mr. Slavin suggested that this matter be tabled. Mr. McGlumphy moved to table the consideration of a donation in the amount of $10,000 for Vietnam War Memorial and the discussion of the Community Leader and Organization Recognition Policy, seconded by Mr. Salters and unanimously carried. Mr. McGlumphy moved for adjournment, seconded by Mr. Shevock and unanimously carried. Meeting Adjourned at 6:44 P.M. Respectfully submitted, Timothy A. Slavin Chairman TAS/TM/jg S:\ClerksOffice\PACKETS\2008\Council\06-09-2008\05-27-2008 LF&A.wpd Attachment Attachment #1 - Map of Business Improvement District (BID) Zones Attachment #2 - Downtown Dover Business Improvement District (BID) Budget Ordinance

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ATTACHMENT #1 LF&A Committee Meeting of 05/27/2008 Zone 2 Zone 1 Zone 3 City of Dover Map Created by: « Department of Planning and Inspections Business Improvement District 0 250 500 1,000 Feet Date Map Created: 6-22-06

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ATTACHMENT #2 LF&A Committee Meeting of 05/27/2008 ATTACHMENT A DOWNTOWN DOVER BUSINESS IMPROVEMENT DISTRICT CASH RECEIPTS BUDGET FOR 2008-09 BID TAX REVENUE AND EXPENSES CHARGED AGAINST THIS REVENUE ADMINISTERED THROUGH MAIN STREET, INC. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The amount hereinafter named aggregating Fifty-three thousand, two hundred and forty-two dollars ($53,242) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by the City of Dover/Main Street, Inc. for the fiscal year beginning July 1, 2008, and ending June 30, 2009: REVENUE PROPOSED Tax Revenue $53,242 EXPENSES Personnel & Administration Expenses $53,242 S:\ClerksOffice\PACKETS\2008\Committee\LF&A\05-27-2008\DDDC-BID FY2009.rtf 2

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SPECIAL PARKS, RECREATION, AND COMMUNITY ENHANCEMENT A Special Parks, Recreation, and Community Enhancement Committee meeting was held on May 27, 2008, at 12:00 noon with Chairwoman Russell presiding. Members present were Mr. McGlumphy, Mr. Ruane, Mrs. Horsey, and Mr. Lewis. AGENDA ADDITIONS/DELETIONS Mr. McGlumphy moved for approval of the agenda, seconded by Mr. Lewis and unanimously carried. Boys and Girls Club - Status of Proposed Schutte Park Facility Location During the committee meeting of December 11, 2007, members recommended approval of the Wyoming Mill Road location for the magnet site for the Boys & Girls club, as presented, and requested that specific information be provided regarding the loss of space, what that loss would mean for the City of Dover and its commitment to outdoor recreation, specifically to the soccer and field hockey associations, and a plan of action to remedy the loss. Noting that these facilities are to serve regional population and not just the citizens of Dover, the committee felt a need to involve Kent County and suggested dialogue between the Boys & Girls Club, Kent County, and the City to work out the ideas for a dedication of space for outdoor recreation to supplement the loss of outdoor recreation space for the City. In considering the committee’s recommendation during their Regular Meeting of January 14, 2008, members of City Council were advised that the committee was not provided the schematic of the proposal submitted by the Boys & Girls Club when they forwarded their recommendation for approval of the Wyoming Mill Road location. It was noted that the recommendation referred to their desire that the proposal would not cause the loss of space; therefore, it was suggested that members agree to offer space at Schutte Park to allow for the magnet club for the Boys & Girls Club without identifying the specific location, that there be a stipulation that the fields currently assigned to CDSA remain, and that every effort be made for the final proposal to depict the use of the 14 acres of land west of Schutte Park that is proposed to be dedicated to the City by Stover Builders. As a result, City Council approved Schutte Park to be used as the location for the magnet site for the Boys & Girls Club, without being specific to its location at Schutte Park, and the stipulation that its use will not cause any current loss in field space for the CDSA. Mr. Tingle, Executive Director of the Greater Dover Boys and Girls Club, advised members that upon Council’s approval, the Task Force met with the Corporate Board Management Committee for the Boys and Girls Club of Delaware. The Task Force has been granted approval to move forward with schematic floor plans and development of projected costs. Once this phase is completed, the Task Force will present the information to the Corporate Board Management Committee for approval to move forward with the capital campaign and begin the process. Responding to Mr. Lewis, Mr. Tingle stated that he anticipates that it will be approximately three (3) years following the final approval by the City for the completion of the facility.

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SPECIAL PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF MAY 27, 2008 PAGE 2 In response to Mr. Ruane, Mr. Tingle indicated that the Boys and Girls Club of Delaware will conduct the capital campaign, to include obtaining funding from foundations and others, pledging to raise 70%-80% of the funds necessary for the project. Mrs. Russell requested that security and lighting issues be seriously considered in the planning process to ensure safety. Mr. DePrima noted that the exact location of the facility remains to be determined and suggested that staff of the Planning Department, as well as the Parks and Recreation Director, meet with the Task Force to make this final determination. Mrs. Russell requested that members be provided a detailed update on this project every three (3) months and suggested that members also be provided material regarding the activities of the Boys and Girls Club. Cost Benefit Analysis - Animal Control Officer (ACO) As directed during the committee meeting of February 12, 2008, Mr. DePrima, City Manager, submitted an Animal Control Cost Benefit Analysis, which he explained depicts approximately a $14,000 yearly savings by utilizing the SPCA for Animal Control and noted that there are other advantages. Mr. DePrima advised members that he would also recommend the elimination of the “Lock Jock” service provided by the City’s Police Department which he inadvertently omitted from the recommendations. He reviewed staff’s recommendations, items #1 through #5, and requested the addition of item #6 to be for the Police Department to consider the elimination of providing lock jock services. Mr. Ruane moved to recommend approval of staff’s recommendation item #1, as follows: At a minimum the FY08/09 contract should be amended so that the SPCA is given ACO coverage responsibilities when the Dover ACO is off duty such as nights and weekends. This is a service that would be provided at no charge. It would free up Dover Police hours for other needs. It also would allow the Dover Police Department time to evaluate the strength of the program and its ability to work with the SPCA. The SPCA has also offered to work out some transport services that will relieve our ACO and Police the time and effort to travel to Camden. This should be explored. The approval is with the understanding that the cost savings inherent in that be utilized for the purpose of acquiring modern technology tranquilizer guns. The motion was seconded by Mrs. Horsey and unanimously carried. Mr. Ruane moved to recommend approval of staff’s recommendation item #2, as follows: The City of Dover is not in a position to pay for a seven day a week, 12 hour per day contract as proposed. The City should ask for a price and scope of work on a five day a week, eight hour day extra service contract. This should be requested in March in 2009 and priced for FY09/10. It would allow the Dover Police Department to evaluate the strength of the SPCA program and their ability to work closer with the SPCA. This will allow the City Council to re-evaluate the SPCA contract proposal with better information. The motion was seconded by Mrs. Horsey and unanimously carried.

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SPECIAL PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF MAY 27, 2008 PAGE 3 Responding to Mr. Ruane, Mr. DePrima concurred that recommendation item #3, “If Dover pursues an extra services contract and eliminates the Dover ACO position it should seek to have the current Dover ACO absorbed in the SPCA staff” would be further considered in conjunction with recommendation item #2. Mr. McGlumphy moved to recommend approval of staff’s recommendation item #4, as follows: Change the Animal Control Ordinance so that the hold period for dogs is aligned with the state standard. The motion was seconded by Mrs. Horsey and unanimously carried. (City Clerk’s Office Note: Upon further review of the State Code, it has been determined that the City Code is in alignment with the State Code with respect to the holding period for dogs; therefore an amendment will not be necessary.) Mr. McGlumphy moved to recommend that staff’s recommendation item #5 (The police procedure regarding use of a tranquilizer gun should be reexamined), be reworded as follows: That the ACO be authorized to use tranquilizer and/or Taser© guns and be provided any necessary training. The motion was seconded by Mr. Lewis and unanimously carried. Mr. McGlumphy moved to recommend that staff’s recommendation item #6 (The police department consider the elimination of providing lock jock services) be reworded as follows: That the ACO not be responsible for lock jock services. The motion was seconded by Mrs. Horsey and unanimously carried. 2008 Comprehensive Plan Review During their meeting of May 13, 2008, members began their review of the update on the Comprehensive Plan Amendment. Mrs. Townshend, Director of Planning and Inspections, provided members with additional Chapters to the Comprehensive Plan Amendment, as follows: Chapter 4 - Citizen Participation; and Chapter 8 - Community Service and Facilities Plan, as well as the schedule for the public workshops to be held in June 2008. She also distributed Chapter 10 - Economic Development, for members review. At the request of Mr. Ruane and there being no objections, members deferred consideration of Chapter 10 - Economic Development. Regarding the policy of discouraging development of land east of Route 1 as listed under the Land Use and Development, Mr. Ruane felt that the paragraph indicates that the respondents would encourage the development as long as the adequate infrastructure was in place. Mrs. Townshend assured members that staff would review the question asked for further clarification. In response to Mr. Ruane, Mrs. Townshend concurred that the 2nd paragraph should be split to create two (2) paragraphs by separating the issue regarding the development east of Route 1 from the criteria for new development. In reviewing the questionnaire provided to participants, Mr. Ruane urged staff to utilize the same wording in the paragraphs to explain the responses. Mr. Ruane moved for adjournment, seconded by Mr. Lewis and unanimously carried.

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SPECIAL PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF MAY 27, 2008 PAGE 4 Meeting Adjourned at 1:08 P.M. Respectfully submitted, Sophia R. Russell Chairwoman SRR/ac/jg/tm S:\ClerksOffice\PACKETS\2008\Council\06-09-2008\05-27-2008 PR&CE.wpd

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ACTION FORM PROCEEDING: City Council AGENDA ITEM NO.: 06/09/2008 DEPARTMENT OF ORIGIN: Public Utilities, Elect. Eng. DATE SUBMITTED: 05/30/2008 PREPARED BY: Ronald H. Lunt, Public Utilities Director SUBJECT: Evaluation of Bids – Steel poles for Feeders 3 & 4 Phase II REFERENCE: N/A RELATED PROJECT: 69 KV Feeders 3 & 4, Phase 1 APPROVALS: City Manager, Controller EXHIBITS: N/A EXPENDITURE REQUIRED: $342,222 AMOUNT BUDGETED: $5,623,930* FUNDING SOURCE (Dept./Page in CIP & Budget): Public Utilities – Electric Engineering, 69 Kv Feeders 3 and 4, CIP page 227R, Account 487-8300-563-90-26, Project EE0601 *FY 08 Revised Budget TIMETABLE: Materials to be ordered upon Council approval. RECOMMENDED ACTION: Staff recommends awarding the bid to the low bidder, Valmont/ PennSummit, for the amount of $342,222 BACKGROUND AND ANALYSIS The materials to be ordered are the tapered steel poles and caisson bases and will be used where self supporting poles are required for the construction of the transmission lines for Feeders 3 & 4, Phase II. This line will be constructed from St. Jones Substation to West Street. The specifications included using vibratory steel caissons as the below grade support structure for the corner poles. There will be a subsequent bid for the Laminated Wood poles for phase II. Bids were advertised according to City Policy by the City’s Purchasing Agent under Bid # 08-0091 DPU. The City received six (6) bid responses. Staff evaluated the bids and the low bidders’ poles met the specifications. This is a summary of the bids received: Vendor Name Bid Price Valmont/PennSummit $342,222 Pelco Structural $405,502 M.D. Henry $455,188 Trans America Power Products $463,657 Saber Tubular Structures $459,980 HD Supply Utilities $484,189

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DOWNTOWN DOVER PARTNERSHIP STEERING COMMITTEE RECOMMENDATIONS OF MAYOR CARLETON E. CAREY, SR. The Board of Directors shall consist of fifteen (15) directors, appointed from two ( 2 ) categories. First Category. Six (6) individuals, either elected or appointed, from within the government of the City of Dover or State government. These individuals shall include the City Manager, the City Planner, members of City Council and one representative from state government. Individuals in the first category shall be nominated by the Mayor and confirmed by City Council and will serve on the Board at the pleasure of the Mayor and Council. Vacancies in this category will be appointed by the Mayor and confirmed by City Council. Individuals in the first category shall remain as Board Members so long as deemed appropriate by the Mayor and City Council, and so long as they continue to be either elected or appointed officials within the government of the City of Dover. The individuals in the second category will be nominated, by the Mayor and confirmed by the City Council. Vacancies in this category will be nominated by the Mayor and confirmed by City Council. 1. Sophia R. Russell - City Council Member (One Year Term to Expire May 2009) 2. Reuben Salters - City Council Member (One Year Term to Expire May 2009) 3. Timothy A. Slavin - City Council Member (One Year Term to Expire May 2009) 4. Anthony J. DePrima - City Manager (One Year Term to Expire May 2009) 5. Anne Marie Townshend - City Planner (One Year Term to Expire May 2009) 6. Laura Simmons - State of Delaware Representative (One Year Term to Expire May 2009) Second Category. Nine (9) individuals from the private sector with strong ties and commitment to revitalization of the downtown Dover area; these individuals should not now hold full-time elected or appointed public office. These individuals must include a resident of the downtown Dover area or an adjoining neighborhood, a downtown cultural arts representative, a downtown business owner, a downtown retailer, a real estate professional whose practice includes the downtown Dover area, a financial services professional whose practice includes the downtown Dover area, the chief executive officer of Bayhealth or his/her designee, and the president of Wesley College or his/her designee. Individuals in the second category shall serve a term of three (3) years. These members shall be eligible for reappointment to the Board. For the initial Board of Directors only, the individuals in the second category shall be divided into three classes of three individuals. The first class shall serve a term of one (1) year. The second class shall serve a term of two (2) years. The third class shall serve a term of three ( 3 ) years, after which each class will all serve three year terms. 1. Gary Patterson - Resident of the Downtown Dover Area (Initial One-Year Term to Expire May 2009) 2. Cindy Small - Downtown Cultural Arts Representative (Initial One-Year Term to Expire May 2009) 3. Gregg Moore - Downtown Business Owner (Initial One-Year Term to Expire May 2009) 4. Tom Smith - Downtown Retailer (Initial Two-Year Term to Expire May 2010) 5. Jim McGinnis - Real Estate Professional Whose Practice Includes the Downtown Dover Area (Initial Two-Year Term to Expire May 2010) 6. Joe McDaniel - Financial Services Professional Whose Practice Includes the Downtown Dover Area (Initial Two-Year Term to Expire May 2010) 7. Paul Lakeman - Chief Executive Officer of Bayhealth or His/Her Designee (Initial Three-Year Term to Expire May 2011) 8. Dr. William Johnston - President of Wesley College or His/Her Designee (Initial Three-Year Term to Expire May 2011) 9. Ami Sebastian-Hauer - Leader from the Dover Community (Initial Three-Year Term to Expire May 2011)

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FIRST READING 2008-2009 BUDGET ORDINANCES GENERAL FUND - CASH RECEIPTS AND BUDGET FOR 2009-2008 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The amount hereinafter named aggregating Thirty Seven Million Five Hundred Seventy Three Thousand One Hundred Seven Dollars ($37,573,107) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending June 30, 2009: 2007-08 2008-09 REVISED BUDGET RECEIPTS PRIOR YEAR BALANCE $ 4,051,979 $ 3,910,144 FINES AND POLICE REVENUE 671,000 671,000 911 FEE 64,000 64,000 INVESTMENT INCOME 355,850 234,000 LIBRARY REVENUES 58,699 59,873 KENT COUNTY BOOK REIMBURSEMENT 450,000 459,000 BUSINESS LICENSES 1,410,000 1,450,000 PERMITS AND OTHER LICENSES 1,306,000 1,120,000 DEMOLITION REVENUE MISCELLANEOUS CHARGES POLICE EXTRA DUTY PROPERTY TAXES BID REVENUE RECREATION REVENUE FRANCHISE FEE TRASH FEES ft DSWA TRASH FEE REBATE 23,166 45,750 393,169 9,523,080 115,000 422,000 1,191,411 167,559 - 54,250 393,169 10,042,473 53,264 187,000 426,220 - 1,246,411 170,000 ra RENT REVENUE - GARRISON FARM COURT OF CHANCERY FEES INTERNET REVENUE CURBSIDE RECYCLING RECEIPTS SUBTOTAL INTERFUND SERVICE RECEIPTS INTRAFUND SERVICE RECEIPTS WATER/WASTEWATER INTRAFUND SERVICE RECEIPTS ELECTRIC INTERFUND SERVICE RECEIPTS SUBTOTAL GRANTS: POLICE RELATED STATE GRANT - TRAIL MAINTENANCE 35,533 815,860 1,894 21,101,950 1,025,557 3,590,913 4,616,470 40,000 - - 41,535 815,860 21,398,199 1,063,478 3,725,512 4,788,990 40,000 - - - D CAPITAL SCHOOL DISTRICT REVENUE RECREATION GRANTS INSURANCE AGENCY FIRE SAFETY GRANT MISC GRANT REVENUE HOMELAND SECURITY GRANT SALE OF ASSETS GRANTS SUBTOTAL TRANSFERS FROM: TRANSFER TAX MUNICIPAL STREET AID CIVIL TRAFFIC PENALTIES WATER/WASTEWATER ELECTRIC PARKLAND RESERVE LIBRARY RESERVE CAPITAL ASSET RESERVE WORKER'S COMP FUND DELAWARE PREVENTION NETWORK TRANSFERS FROM SUBTOTAL 37,440 20,000 500 97,940 3,690,000 709,694 500,000 565,000 6,601,269 41,780 12,107,743 - - - - - - - 37,440 25,000 102,440 2,650,222 710,346 500,000 564,810 6,758,100 100,000 - - - - - - - - 11,283,478 TOTALS $ 37,924,103 $ 37,573,107 1

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GENERAL FUND – CONTINUED CASH RECEIPTS AND BUDGET FOR 2008-2009 2007-08 2008-09 REVISED BUDGET DEPARTMENT EXPENSES: CITY CLERK $ 252,508 $ 315,721 COUNCIL 125,399 137,190 TAX ASSESSOR 270,503 689,725 FIRE 676,760 716,000 GROUNDS MAINTENANCE 1,068,416 1,148,999 LIBRARY 1,145,983 1,180,307 RECREATION 636,609 937,716 LIFE SAFETY - 325,511 CODE INFORCEMENT - 383,218 PLANNING 426,227 486,786 INSPECTIONS 1,099,178 552,442 ECONOMIC DEVELOPMENT - 315,331 POLICE 11,353,550 12,496,812 POLICE EXTRA DUTY 335,190 452,280 STREETS 795,075 861,436 SANITATION 2,061,082 2,225,611 CITY MANAGER 606,578 588,343 INFORMATION TECHNOLOGY 779,754 892,841 FINANCE 779,507 793,705 PUBLIC SERVICES - ADMINISTRATION 386,877 360,091 FACILITIES MANAGEMENT PUBLIC WORKS - ENGINEERING CENTRAL SERVICES FLEET MAINTENANCE CUSTOMER SERVICES HUMAN RESOURCES MAYOR DEPARTMENT SUBTOTALS OTHER EXPENSES: ft 1,029,017 - 719,062 634,648 1,178,747 417,220 128,697 26,906,587 1,134,369 - 769,481 702,775 1,002,367 446,119 98,437 30,013,613 ra DEBT SERVICE TRANSFER TO CONTINGENCY DSWA RECYCLING PROGRAM INSURANCE RETIREES HEALTH CARE RETIREES PAYMENTS UNCOLLECTIBLES - TRASH AND OTHER STREET LIGHTS OTHER EXPENSE SUBTOTAL GRANTS IT EMERGENCY PREPAREDNESS PLAN GRANTS SUBTOTAL TRANSFERS TRANSFER TO OPEB 437,468 34,500 - 472,000 755,741 - 10,000 920,000 2,629,709 - - - 442,319 - - 500,000 853,987 100,000 10,000 985,000 2,891,306 - - - D 2. TRANSFER TO PENSION UNFUNDED LIABILITY TRANSFER TO PENSION COLA TRANSFER TO CAPITAL ASSET RESERVE TRANSFER TO CAPITAL FUND - PROJECTS TRANSFER TO CAPITAL FUND - RESERVE TRANSFER TO STREET PROGRAM TRANSFER TO PARKLAND/RECREATION RESERVE TRANSFER TO LIBRARY RESERVE TRANSFER TO CDBG FUND INVENTORY WRITE OFFS TRANSFERS SUBTOTAL CURRENT YEAR BALANCE TOTALS $ 89,850 44,925 - 2,683,062 - - - 1,649,109 10,717 - 4,477,663 3,910,144 37,924,103 $ - - - 1,857,797 - - - - 11,000 - 1,868,797 2,799,391 37,573,107 The City Manager is hereby authorized, without further approval of the City Council, to make inter-departmental transfers of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD. 2

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2008-2009 BUDGET ORDINANCES - CONTINUED GOVERNMENTAL CAPITAL PROJECTS FUND CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The amounts hereinafter named aggregating Three Million Seven Hundred Forty Seven Thousand Seven Hundred Ninety Seven Dollars ($3,747,797) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending June 30, 2009: CASH RECEIPTS 2007-08 2008-09 REVISED BUDGET BEGINNING BALANCE - PROJECTS $ - $ 185,000 MISCELLANEOUS REVENUES 114,058 - INTEREST EARNINGS 43,600 65,000 RECREATION GRANTS - 440,000 ft TRANSFER FROM RESERVE TRANSFER FROM GENERAL FUND FOR PROJECTS TRANSFER FROM PARKLAND RESERVE (JWP CNTR) TRANSFER FROM LIBRARY RESERVE GIFTS/DONATIONS (JWP CNTR) TRANSFER FROM GENERAL FUND FOR RESERVE TOTALS $ 135,515 2,683,062 2,132,369 10,094 83,000 - 5,201,698 $ - 1,857,797 - 1,200,000 - - 3,747,797 ra D 3

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GOVERNMENTAL CAPITAL PROJECTS FUND – CONTINUED CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009 EXPENSE SUMMARY 2007-08 2008-09 REVISED BUDGET DEPARTMENT EXPENSES: CITY CLERK $ - $ - COUNCIL - - TAX ASSESSOR 61,030 - FIRE 282,910 296,210 GROUNDS MAINTENANCE 129,913 109,500 LIBRARY 10,094 1,200,000 RECREATION 2,410,539 530,000 LIFE SAFETY - 4,200 PLANNING - - INSPECTIONS 96,000 - ECONOMIC DEVELOPMENT - - POLICE 343,720 266,126 STREETS 518,500 727,470 SANITATION 638,315 315,000 CITY MANAGER INFORMATION TECHNOLOGY FINANCE PUBLIC SERVICES - ADMINISTRATION FLEET MAINTENANCE CUSTOMER SERVICES ft FACILITIES MANAGEMENT CENTRAL SERVICES 256,000 40,100 59,800 21,000 34,719 - - - 110,915 38,380 140,000 9,996 - - - - ra HUMAN RESOURCES MAYOR DEPARTMENT SUBTOTAL TRANSFERS TRANSFER TO CAPITAL ASSET RESERVE TRANSFER TO PARKLAND RESERVE TRANSFER TO GENERAL FUND TRANSFER SUBTOTAL CURRENT YEAR BALANCE TOTALS $ 4,902,640 6,092 107,966 114,058 185,000 5,201,698 - - - - $ 3,747,797 3,747,797 - - - - - - - - D 2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD. 4

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2008-2009 BUDGET ORDINANCES - CONTINUED GENERAL FUND CONTINGENCY CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The amounts hereinafter named aggregating Six Hundred Seventy Nine Thousand Seven Hundred Fifty Four Dollars ($679,754) or so much thereof as may be necessary are hereby appropriated from current revenues and other funds for the use by several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending June 30, 2009: CASH RECEIPTS 2007-08 2008-09 REVISED BUDGET BEGINNING BALANCE $ 645,254 $ 679,754 INTEREST EARNINGS - TRANSFER FROM GENERAL FUND 34,500 - TOTALS ft EXPENSE SUMMARY $ 679,754 2007-08 REVISED $ 679,754 2008-09 BUDGET 2. ra TRANSFER TO GENERAL FUND TRANSFER TO OPEB TRANSFER TO LIBRARY FUND CARRY FORWARD TO NEXT YEAR TOTALS $ $ - - - 679,754 679,754 $ $ - - - 679,754 679,754 The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD. D 5

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2008-2009 BUDGET ORDINANCES - CONTINUED MUNICIPAL STREET AID FUND CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The amounts hereinafter named aggregating Seven Hundred Ten Thousand Four Hundred Forty Six Dollars ($710,446) so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending June 30, 2009: CASH RECEIPTS 2007-08 2008-09 REVISED BUDGET BEGINNING BALANCE $ 146 $ 446 STATE GRANT 709,694 710,000 ft INTEREST EARNED TOTALS $ BUDGET SUMMARY 300 710,140 2007-08 REVISED $ - 710,446 2008-09 BUDGET 2. ra TRANSFER TO GENERAL FUND CURRENT YEAR BALANCE TOTALS $ $ 709,694 446 710,140 $ $ 710,346 100 710,446 The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD. D 6

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2008-2009 BUDGET ORDINANCES - CONTINUED WATER/WASTEWATER FUND REVENUE AND BUDGET FOR 2008-2009 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The amounts hereinafter named aggregating Thirteen Million Four Hundred Eighty Thousand Five Hundred Dollars ($13,480,500) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending June 30, 2009: 2007-08 2008-09 REVISED BUDGET BASE REVENUE: PRIOR YEAR BALANCE - WATER $ 2,220,461 $ 449,977 PRIOR YEAR BALANCE - WASTEWATER 1,092,732 643,949 PRIOR YEAR BALANCE - KCSA (1,020,761) (364,750) WATER FEES 4,343,428 4,386,862 WASTEWATER FEES 2,508,600 2,533,686 ft WASTEWATER ADJUSTMENT FEES WATER TANK SPACE LEASING SEWER IMPACT FEES WATER IMPACT FEES INTEREST EARNINGS INTEREST TRANSFERS MISCELLANEOUS SERVICE FEE REVENUE SUBTOTAL 4,264,357 237,986 746,500 25,200 104,000 - 61,800 14,584,303 4,307,001 250,275 712,500 196,000 104,000 - 61,000 13,280,500 ra GRANTS AND REIMBURSEMENTS: STATE REIMBURSEMENT GRANT REVENUE GRANTS AND REIMBURSEMENTS SUBTOTAL TRANSFERS FROM: TRANSFER FROM CAPITAL ASSET RESERVE TRANSFER FROM CONTINGENCY TRANSFERS FROM SUBTOTAL - - - - - - 200,000 - 200,000 - - - D TOTALS $ 14,584,303 $ 13,480,500 7

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WATER/WASTEWATER FUND - CONTINUED REVENUE AND BUDGET FOR 2008-2009 2007-08 2008-09 REVISED BUDGET DIRECT EXPENSES: ENGINEERING & INSPECTION $ 615,632 $ 715,412 WATER CONSTRUCTION 504,419 516,094 WATER DEPARTMENT 895,259 524,512 WATER TREATMENT PLANT 963,602 1,379,878 WASTEWATER DEPARTMENT 907,826 1,250,484 METER READING 64,863 73,577 KENT COUNTY TREATMENT CHARGE 3,608,346 3,644,430 DIRECT EXPENDITURE SUBTOTAL 7,559,947 8,104,387 OTHER EXPENSES: DEBT SERVICE - WATER 79,060 501,360 DEBT SERVICE - WASTEWATER 101,817 334,240 RETIREES HEALTH CARE 113,730 128,515 ft INTRAFUND SERVICE FEES OTHER EXPENSES SUBTOTAL TRANSFER TO: GENERAL FUND FROM WATER GENERAL FUND FROM WASTEWATER WATER IMP AND EXT 1,324,490 1,619,097 282,500 282,500 2,660,500 1,327,876 2,291,991 221,204 343,606 500,000 ra WASTEWATER IMP AND EXT TRANSFER TO OPEB TRANSFER TO PENSION UNFUNDED LIABILITY TRANSFER TO PENSION COLA SEWER IMPACT FEE RESERVE WATER IMPACT FEE RESERVE CAPITAL ASSET RESERVE WATER CAPITAL ASSET RESERVE WASTEWATER TRANSFER TO SUBTOTAL CURRENT YEAR BALANCES CURRENT YEAR BALANCE WATER 775,300 - 20,400 10,200 644,683 - - - 4,676,083 449,977 200,000 - - - 378,260 - - - 1,643,070 599,876 D 2. CURRENT YEAR BALANCE WASTEWATER CURRENT YEAR BALANCE KCSA CURRENT YEAR BALANCE SUBTOTALS TOTALS $ 643,949 (364,750) 729,176 14,584,303 $ 543,355 297,821 1,441,052 13,480,500 The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD. 8

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2008-2009 BUDGET ORDINANCES - CONTINUED WATER/WASTEWATER IMPROVEMENT & EXTENSION FUND CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The amounts hereinafter named aggregating Thirteen Million Eight Hundred Twenty Four Thousand One Hundred Fifty Three Dollars ($13,824,153) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending June 30, 2009: CASH RECEIPTS 2007-08 2008-09 REVISED BUDGET PRIOR YEAR BALANCE - WATER $ 275,134 $ 912,621 PRIOR YEAR BALANCE - WASTEWATER 284,969 915,232 PRIOR YEAR BOND PROCEED BALANCE SERIES 2009 - - PRIOR YEAR BOND PROCEEDS - WASTEWATER BOND PROCEEDS - WATER ft BOND PROCEEDS - WASTEWATER TRANS FR WATER/WASTEWATER FOR WATER TRANS FR WATER/WASTEWATER FOR WASTEWATER TRANSFER FROM IMPACT FEE RESERVE TRANSFER FROM CAPITAL ASSET RESERVE -WATER TRANSFER FROM CAPITAL ASSET RESERVE -WASTEWATER - - - 2,660,500 775,300 850,000 - - - 6,325,800 4,934,500 500,000 200,000 - - - ra MISCELLANEOUS RECEIPTS DEVELOPER CONTRIBUTIONS STATE GRANTS/REIMBURSEMENTS INTEREST INCOME TOTALS EXPENSE SUMMARY $ 12,986 20,000 140,000 24,000 5,042,889 2007-08 REVISED - - - 36,000 $ 13,824,153 2008-09 BUDGET D 2. WATER WASTEWATER WATER METER READING WATER TREATMENT PLANT WATER CONSTRUCTION ENGINEERING & INSPECTION TRANSFER TO IMPACT FEE RESERVE CURRENT YEAR BALANCE - WATER BOND CURRENT YEAR BALANCE - WASTEWATER BOND CURRENT YEAR BALANCE - WATER CURRENT YEAR BALANCE - WASTEWATER TOTALS $ $ 2,096,857 1,006,481 5,648 18,150 39,450 48,450 - - - 912,621 915,232 5,042,889 $ 3,058,450 4,632,150 29,000 15,445 - 3,848,800 1,067,700 812,448 360,160 $ 13,824,153 The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD. 9

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2008-2009 BUDGET ORDINANCES - CONTINUED WATER/WASTEWATER CAPITAL ASSET RESERVE ACCOUNT CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The amounts hereinafter named aggregating One Million Seven Hundred Thirty Seven Thousand One Hundred Twenty Four Dollars ($1,737,124) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending June 30, 2009: CASH RECEIPTS 2007-08 2008-09 REVISED BUDGET BEGINNING BALANCE 1,621,624 1,678,380 INTEREST EARNINGS 56,756 58,744 ft TRANSFER FROM WATER/WASTEWATER FUND TRANSFER FROM WATER/WASTEWATER CONTINGENCY TOTALS EXPENSE SUMMARY - - 1,678,380 2007-08 - - 1,737,124 2008-09 2. ra TRANSFER TO WATER/WASTEWATER I &E FUND TRANSFER TO WATER/WASTEWATER CARRY FORWARD TO NEXT YEAR TOTALS REVISED - - 1,678,380 1,678,380 BUDGET - 200,000 1,537,124 1,737,124 The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD. D 10

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2008-2009 BUDGET ORDINANCES - CONTINUED WATER/WASTEWATER CONTINGENCY RESERVE ACCOUNT CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The amounts hereinafter named aggregating Two Hundred Forty Five Thousand Eight Hundred Thirty Two Dollars ($245,832) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending June 30, 2009: CASH RECEIPTS 2007-08 2008-09 REVISED BUDGET PRIOR YEAR BALANCE $ 229,487 $ 237,519 ft INTEREST EARNINGS TRANSFER FROM WATER/WASTEWATER TOTALS BUDGET SUMMARY $ 8,032 237,519 $ 8,313 245,832 ra TRANSFER TO WATER TRANSFER TO WASTEWATER TRANSFER TO CAPITAL ASSET RESERVE CURRENT YEAR BALANCE TOTALS $ $ 2007-08 REVISED 237,519 237,519 - - - $ $ 2008-09 BUDGET 245,832 245,832 - - - D 2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD. 11

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2008-2009 BUDGET ORDINANCES ELECTRIC REVENUE FUND REVENUE AND BUDGET FOR 2008-2009 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The amounts hereinafter named aggregating One Hundred Ten Million Seven Hundred Eighty Seven Thousand Twenty Three Dollars ($110,787,023) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending June 30, 2009: 2007-08 2008-09 REVISED BUDGET BASE REVENUE: PRIOR YEAR BALANCE $ 8,281,653 $ 6,816,609 DIRECT SALES TO CUSTOMER 91,239,700 92,081,400 PURCHASE POWER ADJUSTMENT - 6,445,700 UTILITY TAX 1,633,100 1,763,500 GREEN ENERGY 134,350 137,600 MISCELLANEOUS REVENUE RENT REVENUE DUKE CONTRACT REVENUE EMISSION CREDIT SALES ft TRANSFER FROM RATE STABILIZATION INTRAFUND SERVICE RECEIPTS WATER/WASTEWATER INTEREST EARNINGS 1,183,030 186,816 - 1,068,190 - 298,933 470,000 1,041,000 186,816 1,632,000 264,398 418,000 - - ra TOTALS $ 104,495,772 $ 110,787,023 D 12

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2008-2009 BUDGET ORDINANCES - CONTINUED ELECTRIC REVENUE FUND - CONTINUED REVENUE AND BUDGET FOR 2008-2009 2007-08 2008-09 REVISED BUDGET EXPENSES: POWER SUPPLY $ 57,431,472 $ 63,410,077 POWER SUPPLY MANAGEMENT 3,009,240 3,088,808 PJM CHARGES - LOAD 3,383,494 3,510,195 CAPACITY CHARGES 12,163,918 10,692,738 SUB-TOTAL POWER SUPPLY 75,988,124 80,701,818 PLANT OPERATIONS 5,879,263 5,921,646 GENERATIONS FUELS 2,374,594 2,382,179 PJM CREDITS (2,472,013) (2,552,753) CAPACITY CREDITS (11,417,244) (9,265,997) GENERATION SUBTOTAL (5,635,400) (3,514,925) ft POWER SUPPLY & GENERATION SUBTOTAL TRANSITION COSTS TRANSMISSION/DISTRIBUTION ELECTRICAL ENGINEERING ADMINISTRATION METER READING SYSTEMS OPERATIONS 70,352,724 3,490,597 1,574,607 786,998 311,493 545,809 77,186,893 3,681,080 1,672,387 666,745 295,656 553,954 ra UTILITY TAX DIRECT EXPENDITURE SUBTOTALS OTHER EXPENSES: ALLOW FOR UNCOLLECTIBLES RETIREES HEALTH CARE GREEN ENERGY PAYMENT TO DEMEC INTRAFUND SERVICE FEES INTEREST ON DEPOSITS INVENTORY WRITE OFFS DEBT SERVICE OTHER EXPENSES SUBTOTAL 1,633,100 78,695,328 125,000 497,895 134,350 3,590,913 40,000 175,000 2,804,104 7,367,262 1,763,500 85,820,215 135,000 557,727 137,600 3,725,512 42,000 175,000 3,431,323 8,204,162 D 2. TRANSFER TO: IMPROVEMENT & EXTENSION GENERAL FUND TRANSFER TO OPEB TRANSFER TO PENSION UNFUNDED LIABILITY TRANSFER TO PENSION COLA RATE STABILIZATION RESERVE TRANSFER TO SUBTOTAL CURRENT YEAR BALANCE TOTALS $ 2,925,000 6,601,269 - 39,750 19,875 2,030,679 11,616,573 6,816,609 104,495,772 $ 1,684,000 6,758,100 - - - - 8,442,100 8,320,546 110,787,023 The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD. 13

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2008-2009 BUDGET ORDINANCES - CONTINUED ELECTRIC UTILITY IMPROVEMENT & EXTENSTION FUND CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The amounts hereinafter named aggregating Eighteen Million Five Hundred Seventy Six Thousand Three Hundred Seven Dollars ($18,576,307) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending June 30, 2009: CASH RECEIPTS 2007-08 2008-09 REVISED BUDGET PRIOR YEAR BALANCE $ 1,366,983 $ 229,629 PRIOR YEAR BALANCE BOND - 10,694,083 INTEREST EARNINGS 160,000 113,037 ft INTEREST TRUSTEE ELECTRIC NEW SERVICE FEES RECEIPT FROM DEPRECIATION RESERVE RECEIPT FROM FUTURE CAPACITY RESERVE TRANSPORTATION ENHANCEMENT GRANT STATE REIMBURSEMENT FOR PROJECTS GREEN ENERGY GRANT BOND ISSUE 2008 - 4,699,579 1,000,000 - - - 19,500,000 - - 2,000,000 3,000,000 - 805,558 50,000 - ra TRANSFER FROM ELECTRIC TOTALS EXPENSE SUMMARY 2,925,000 $ 29,651,562 2007-08 REVISED 1,684,000 $ 18,576,307 2008-09 BUDGET D 2. ELECTRIC GENERATION TRANSMISSION AND DISTRIBUTION ELECTRICAL ENGINEERING ADMINISTRATION METER READING SYSTEMS OPERATIONS CURRENT YEAR BALANCE CURRENT YEAR BALANCE -BOND TOTALS $ 1,515,803 16,389,149 10,694,083 $ 29,651,562 The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD. 777,000 25,498 20,400 - 229,629 $ 2,690,000 933,500 9,556,887 - - 5,395,920 $ 18,576,307 - - 14

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2008-2009 BUDGET ORDINANCES - CONTINUED ELECTRIC UTILITY CONTINGENCY RESERVE ACCOUNT CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The amounts hereinafter named aggregating Nine Hundred Seven Thousand Three Hundred Thirty Two Dollars ($907,332) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending June 30, 2009: CASH RECEIPTS 2007-08 2008-09 REVISED BUDGET BEGINNING BALANCE $ 847,032 $ 876,632 INTEREST EARNINGS 29,600 30,700 ft TRANSFER FROM INSURANCE STABILIZATION TRANSFER FROM ELECTRIC REVENUE TOTALS $ - - 876,632 $ - - 907,332 ra TRANSFER TO ELECTRIC FUND TRANSFER TO RATE STABILIZATION FUND CARRY FORWARD TO NEXT YEAR TOTALS EXPENSE SUMMARY $ $ 2007-08 REVISED - - 876,632 876,632 $ $ 2008-09 BUDGET - - 907,332 907,332 D 2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD. 15

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2008-2009 BUDGET ORDINANCES - CONTINUED ELECTRIC UTILITY DEPRECIATION RESERVE ACCOUNT SOURCES AND USES OF FUNDS FOR 2008-2009 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The amounts hereinafter named aggregating Nine Million Three Hundred Ninety Four Thousand Nine Hundred Four Dollars ($9,394,904) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending June 30, 2009: CASH RECEIPTS 2007-08 2008-09 REVISED BUDGET PRIOR YEAR BALANCE $ 13,535,183 $ 9,144,804 RECEIPT FROM ELECTRIC REVENUE FUND ft INTEREST EARNINGS TOTALS 309,200 $ 13,844,383 BUDGET SUMMARY $ 250,100 9,394,904 2. ra TRANSFER TO IMPROVEMENT AND EXTENSION TRANSFER TO INSURANCE STABILIZATION FOR CAPITAL ITEMS CURRENT YEAR BALANCE TOTALS $ 2007-08 REVISED 4,699,579 - 9,144,804 $ 13,844,383 $ $ 2008-09 BUDGET 2,000,000 - 7,394,904 9,394,904 The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers D of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD. 16

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2008-2009 BUDGET ORDINANCES - CONTINUED ELECTRIC UTILITY FUTURE CAPACITY ACCOUNT SOURCES AND USES OF FUNDS FOR 2008-2009 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The amounts hereinafter named aggregating Eight Million Four Hundred Twenty Thousand Six Hundred Ninety Two Dollars ($8,420,692) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending June 30, 2009: CASH RECEIPTS 2007-08 2008-09 REVISED BUDGET PRIOR YEAR BALANCE $ 8,958,792 $ 8,237,392 RECEIPT FROM ELECTRIC REVENUE FUND - - ft INTEREST EARNINGS TOTALS BUDGET SUMMARY $ 278,600 9,237,392 $ 183,300 8,420,692 2. ra TRANSFER TO IMPROVEMENT AND EXTENSION CURRENT YEAR BALANCE TOTALS $ $ 2007-08 REVISED 1,000,000 8,237,392 9,237,392 $ $ 2008-09 BUDGET 3,000,000 5,420,692 8,420,692 The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD. D 17

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2008-2009 BUDGET ORDINANCES - CONTINUED ELECTRIC UTILITY INSURANCE STABILIZATION ACCOUNT SOURCES AND USES OF FUNDS FOR 2008-2009 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The amounts hereinafter named aggregating Three Hundred Seventy Six Thousand Two Hundred Fifty Five Dollars ($376,255) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending June 30, 2009: CASH RECEIPTS 2007-08 2008-09 REVISED BUDGET PRIOR YEAR BALANCE $ 351,255 $ 363,555 ft RECEIPT FROM ELECTRIC DEPRECIATION RESERVE FUND INTEREST EARNINGS TOTALS $ - 12,300 363,555 $ - 12,700 376,255 2. ra BUDGET SUMMARY TRANSFER TO ELECTRIC REVENUE CONTINGENCY CURRENT YEAR BALANCE TOTALS $ $ 2007-08 REVISED - 363,555 363,555 $ $ 2008-09 BUDGET - 376,255 376,255 The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers D of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD. 18

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2008-2009 BUDGET ORDINANCES - CONTINUED ELECTRIC UTILITY RATE STABILIZATION ACCOUNT SOURCES AND USES OF FUNDS FOR 2008-2009 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The amounts hereinafter named aggregating Two Million Five Hundred Eight Thousand Five Hundred Sixty Two Dollars ($2,508,562) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending June 30, 2009: CASH RECEIPTS 2007-08 2008-09 REVISED BUDGET PRIOR YEAR BALANCE $ 379,783 $ 2,423,762 ft RECEIPT FROM ELECTRIC REVENUE FUND RECEIPT FROM ELECTRIC CONTINGENCY INTEREST EARNINGS TOTALS $ 2,030,679 - 13,300 2,423,762 $ - - 84,800 2,508,562 ra TRANSFER TO ELECTRIC CURRENT YEAR BALANCE TOTALS BUDGET SUMMARY $ $ 2007-08 REVISED 2,423,762 2,423,762 - $ $ 2008-09 BUDGET 2,508,562 2,508,562 - D 2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD. 19

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2008-2009 BUDGET ORDINANCES - CONTINUED WORKERS COMPENSATION FUND CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The amounts hereinafter named aggregating One Million Nine Hundred Thirty Eight Thousand Twenty Dollars ($1,938,020) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending June 30, 2009: OPERATING REVENUES 2007-08 2008-09 REVISED BUDGET PRIOR YEAR BALANCE $ 1,403,393 $ 1,236,346 INTEREST INCOME 78,000 37,000 ft PREMIUM FROM CITY INSURANCE REFUND TRANSFER FROM GENERAL TRANSFER FROM WATER/WASTEWATER TRANSFER FROM ELECTRIC TOTALS $ 514,703 - - - - 1,996,096 $ 664,674 - - - - 1,938,020 ra OPERATING EXPENSES PROGRAM EXPENSES/SUPPLIES - CLAIMS INSURANCE BANK FEES STATE OF DEL - SELF INSURANCE TAX CONTRACTUAL SERVICES TRANSFER TO PENSION FUND $ 2007-08 REVISED 294,800 87,000 1,600 47,000 29,350 300,000 $ 2008-09 BUDGET 400,000 93,400 1,600 50,000 32,000 - D 2. TRANSFER TO GENERAL FUND FOR RETIREES TOTAL EXPENSES CURRENT YEAR BALANCE TOTALS $ - 759,750 1,236,346 1,996,096 $ 100,000 677,000 1,261,020 1,938,020 The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD. 20

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2008-2009 BUDGET ORDINANCES - CONTINUED COMMUNITY TRANSPORTATION IMPROVEMENT FUND CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The amounts hereinafter named aggregating One Million Two Hundred Twenty Seven Thousand Four Hundred Fourteen Dollars ($1,227,414) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending June 30, 2009: OPERATING REVENUES 2007-08 2008-09 REVISED BUDGET PRIOR YEAR BALANCE $ 308,414 $ 308,414 ft GRANTS REVENUE TRANSFER FROM GENERAL INTEREST INCOME TOTALS $ 1,055,000 350,000 - 1,713,414 $ 500,000 400,000 19,000 1,227,414 ra PROGRAM EXPENSES OPERATING TRANSFERS OUT CURRENT YEAR BALANCE TOTALS OPERATING EXPENSES $ $ 2007-08 REVISED 1,405,000 - 308,414 1,713,414 $ $ 2008-09 BUDGET 900,000 - 327,414 1,227,414 D 2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD. 21

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2008-2009 BUDGET ORDINANCES - CONTINUED OPEB (POST-RETIREMENT BENEFITS) RESERVE ACCOUNT CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The amounts hereinafter named aggregating Four Million Nine Hundred Seventy One Thousand Five Hundred Fifty Two Dollars ($4,971,552) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending June 30, 2009: OPERATING REVENUES 2007-08 2008-09 REVISED BUDGET PRIOR YEAR BALANCE $ 4,204,000 $ 4,354,000 INTEREST INCOME 150,000 118,000 ft TRANSFER FROM GENERAL TRANSFER FROM GENERAL CONTINGENCY TRANSFER FROM WATER/WASTEWATER TRANSFER FROM ELECTRIC TOTALS $ - - - - 4,354,000 $ 380,440 - 44,027 75,085 4,971,552 ra CURRENT YEAR BALANCE TOTALS OPERATING EXPENSES $ $ 2007-08 REVISED 4,354,000 4,354,000 $ $ 2008-09 BUDGET 4,971,552 4,971,552 D 2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD. 22

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2008-2009 BUDGET ORDINANCES - CONTINUED PARKLAND/RECREATION RESERVE ACCOUNT CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The amounts hereinafter named aggregating One Hundred Thirteen Thousand One Hundred Sixty Two Dollars ($113,162) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending June 30, 2009: OPERATING REVENUES 2007-08 2008-09 REVISED BUDGET PRIOR YEAR BALANCE $ 1,774,531 $ 113,162 ft GENERAL FUND APPROPRIATION PAYMENT IN LIEU OF PARKLAND TRANSFER FROM LIBRARY RESERVE TRANSFER FROM CTF INTEREST INCOME TOTALS $ - 107,000 334,000 - 30,000 2,245,531 $ - - - - - 113,162 ra OPERATING EXPENSES TRANSFER TO GENERAL CAPITAL PROJECTS FUND CURRENT YEAR BALANCE TOTALS $ $ 2007-08 REVISED 2,132,369 113,162 2,245,531 $ $ 2008-09 BUDGET 113,162 113,162 - D 2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD. 23

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2008-2009 BUDGET ORDINANCES - CONTINUED LIBRARY RESERVE ACCOUNT CASH RECEIPTS/REVENUES AND BUDGET FOR 2008-2009 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. The amounts hereinafter named aggregating Three Million Eight Hundred Ninety One Thousand Two Hundred Fifty Dollars ($3,891,250) or so much as may be necessary are hereby appropriated from current revenues and other funds for the use by the several departments of the Municipal Government for the fiscal year beginning July 1, 2008, and ending June 30, 2009: OPERATING REVENUES 2007-08 2008-09 REVISED BUDGET PRIOR YEAR BALANCE $ 2,373,776 $ 3,760,000 ft GENERAL FUND APPROPRIATION TRANSFER FROM GENERAL CONTINGENCY INTEREST INCOME TOTALS $ 1,649,109 - 122,989 4,145,874 $ - - 131,250 3,891,250 ra TOTALS OPERATING EXPENSES TRANSFER TO PARKLAND RESERVE TRANSFER TO CAPITAL PROJECT FUND TRANSFER TO GENERAL FUND CURRENT YEAR BALANCE $ $ 2007-08 REVISED 334,000 10,094 41,780 3,760,000 4,145,874 $ $ 2008-09 BUDGET - 1,200,000 - 2,691,250 3,891,250 D 2. The City Manager is hereby authorized without further approval of the City Council to make inter-departmental transfers of up to five percent of the amount hereinafter appropriated to any department except that the City Manager shall not make any transfers prohibited by City Procedure #F306 and/or #F306ADD. 24

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2008-2009 BUDGET ORDINANCES - CONTINUED PAY FOR PERFORMANCE CALCULATION WORKSHEET/NON-BARGAINING EMPLOYEES BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That the Pay for Performance Calculation Worksheet hereinafter is hereby adopted for the Fiscal Year Beginning July 1, 2008, and ending June 30, 2009: PERFORMANCE SCORES PFP SCORE ADJUSTMENT Employee Above Employee Above Employee At Employee Below From To Maximum Market Market Market 0 19 ‐ ‐ ‐ ‐ 20 29 ‐ 1.75% 2.50% 3.00% 30 35 2.00% 2.50% 3.25% 4.25% 36 41 2.75% 3.25% 4.00% 6.00% 42 50 3.50% 4.00% 4.75% 6.50% ADOPTED: ft ra D 25

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FIRST READING CITY OF DOVER ORDINANCE #2008-30 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 The amount hereinafter named aggregating Fifty-three thousand, two hundred and forty-two dollars 4 ($53,242) or so much thereof as may be necessary are hereby appropriated from current revenues and 5 other funds for the use by the City of Dover/Main Street, Inc. for the fiscal year beginning July 1, 2008, 6 and ending June 30, 2009: 7 DOWNTOWN DOVER BUSINESS IMPROVEMENT DISTRICT 8 CASH RECEIPTS BUDGET FOR 2008-09 9 10 11 12 ft BID TAX REVENUE AND EXPENSES CHARGED AGAINST THIS REVENUE ADMINISTERED THROUGH MAIN STREET, INC. REVENUE Tax Revenue PROPOSED $53,242 ra 13 14 15 16 17 ADOPTED: * EXPENSES Personnel & Administration Expenses Actions History: $53,242 D 18 May 27, 2008 - Introduced at Legislative, Finance and Administration Committee

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DOWNTOWN DOVER BUSINESS IMPROVEMENT DISTRICT TAX CALCULATION WORKSHEET JULY 1, 2008 TO JUNE 30, 2009 ZONE 1 ZONE 2 ZONE 3 TOTAL Aggregate Assessments $32,361,100 $58,864,900 $29,621,700 $120,847,700 Assessment Tax Rate per $100 0.0822 0.0362 0.0180 --- Revenue Raised $26,601 $21,309 $5,332 $53,242 % Revenue Raised 50% 40% 10% 100% Number of Parcels 122 113 49 284 Average Assessment $218 $189 $109 $187 NOTE: These figures were estimated per the reassessed values. The revenue percentages by Zone are per the City of Dover Code Appendix D-Article III, Section 9(e). JULY 1, 2007 TO JUNE 30, 2008 ZONE 1 ZONE 2 ZONE 3 TOTAL Aggregate Assessments $32,561,600 $58,496,500 $29,621,700 $120,679,800 Assessment Tax Rate per $100 0.0849 0.0362 0.0150 --- Revenue Raised $27,645 $21,176 $4,443 $53,264 % Revenue Raised 52% 40% 8% 100% Number of Parcels 122 113 49 284 Average Assessment $227 $187 $91 $188 NOTE: These figures were estimated per the reassessed values. The revenue percentages by Zone are per the City of Dover Code Appendix D-Article III, Section 9(e). S:\ClerksOffice\PACKETS\2008\Committee\LF&A\05-27-2008\DDDC-BID FY2009.rtf 3

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Zone 2 Zone 1 Zone 3 City of Dover Map Created by: « Department of Planning and Inspections Business Improvement District 0 250 500 1,000 Feet Date Map Created: 6-22-06

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FIRST READING CITY OF DOVER ORDINANCE # 2008-11 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 That Chapter 22 – Buildings and Building Regulations, Article III - Building Code, be amended by 4 inserting the text indicated in bold, red and deleting the text indicated in red strikeout as follows: 5 Sec. 22-65. Permit fees. 6 (a) Building permits. Each applicant for a building permit shall pay unto the city a permit 7 fee computed as follows before such permit shall be issued: The sum of $25.00 for the first 8 $1,000.00 of costs and $8.00 $9.00 for each additional $1,000.00 of costs or multiple thereof 9 up to $10,000,000.00 of costs, $6.00 $7.00 for each additional $1,000.00 of costs or multiple 10 thereof up to $20,000,000.00, and $5.00 $5.50 for each additional $1,000.00 of costs or 11 multiple thereof above $20,000,000.00. 12 (b) Fence permits. Each applicant for a fence permit shall pay unto the city a permit fee 13 computed as follows before such permit is issued: The sum of $25.00 for the first $1,000.00 14 of costs and $8.00 $9.00 for each additional $1,000.00 of costs or multiple thereof. 15 c) Sign permits. Each applicant for a sign permit shall pay unto the city, before such permit 16 is issued, the sum of $0.50 per square foot of sign area; provided, however, that the minimum 17 fee for each permit shall be $15.00 $25.00. 18 (d) Swimming pool permits. Each applicant for a swimming pool permit shall pay unto the 19 city a permit fee computed as follows before such permit is issued: The sum of $25.00 for 20 the first $1,000.00 of cost and $8.00 $9.00 for each additional $1,000.00 of cost or multiple 21 thereof. 22 (e) Demolition permits. Each applicant for a demolition permit shall pay unto the city, 23 before such permit is issued, the sum of $50.00 for any building which is being demolished 24 for the purpose of vacating the land for future development or construction upon the same, 25 provided that no fee shall be charged for buildings condemned and required to be demolished 26 by the city or any public entity. 27 (f) Moving permits. Each applicant for a moving permit shall pay unto the city, before such 28 permit is issued, the sum of $250.00 for each building. 29 (g) Construction plan reviews. Each applicant requesting review of nonresidential 30 construction plans shall pay the sum of $20.00 per set of plans. 31 (h) Reinspections. There will be no charge for the first reinspection of a permit. The 32 applicant shall pay the sum of $25.00 for the second reinspection, $50.00 for the third 33 reinspection and $100.00 for any subsequent reinspection.

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34 (i) Doubling fees. Fees established in subsections (a)--(f) of this section shall double in the 35 event that a permit is applied for after construction has commenced without the permission 36 of the building inspector. The building inspector may waive the doubling of fees in cases 37 where the building permit applicant is not a professional contractor, and the work is not 38 being done by a professional contractor. 39 BE IT FURTHER ORDAINED: 40 That Chapter 22 – Buildings and Building Regulations, Article V - Mechanical Code, be amended 41 by inserting the text indicated in bold, red and deleting the text indicated in red strikeout as follows: 42 Sec. 22-145. Heating, air conditioning, and heat pump permit fees. 43 (a) Enumerated. Each applicant for a heating, air conditioning, or heat pump permit shall 44 pay unto the city a permit fee, computed as follows, before such permit is issued: 45 46 (1) Heating permit. The sum of $30.00 $33.00 for the first 10,000 BTUs and the 47 sum of $5.00 $5.50 for each additional 10,000 BTUs or multiple thereof. 48 49 (2) Air conditioning permit. The sum of $30.00 $33.00 per ton for the first five tons 50 and the sum of $5.00 $5.50 per ton for over five tons or multiple thereof. 51 (3)Heat pump permit. The sum of $15.00 $17.00 for the first 10,000 BTUs and the 52 sum of $2.50 $2.75 for each additional 10,000 BTUs or multiple thereof and an 53 additional $15.00 $17.00 for the first five tons and the sum of $2.50 $2.75 per ton 54 for over five tons or multiple thereof. 55 (b) Doubling of fees. Fees established in subsection (a)(1)--(3) of this section shall double 56 in the event that a permit is applied for after construction has commenced without the 57 permission of the building inspector. The building inspector may waive the doubling of fees 58 in cases where the building permit applicant is not a professional contractor, and the work 59 is not being done by a professional contractor. 60 BE IT FURTHER ORDAINED: 61 That Chapter 22 – Buildings and Building Regulations, Article VI - Plumbing Code, be amended by 62 inserting the text indicated in bold, red and deleting the text indicated in red strikeout as follows: 63 Sec. 22-185. Permit fees. 64 (a) Enumerated. Each applicant for a plumbing permit shall pay unto the city a permit fee, 65 computed as follows, before such permit is issued: 66 (1) Fixtures. The sum of $25.00 $27.00 for the first five fixtures and the sum of 67 $2.00 for each additional fixture. 68 (2) Garbage disposals and hot water heaters. A minimum fee of $25.00 $27.00. 69

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70 (3) Gas, water and sewer inspection underground. The sum of $20.00 for the first 71 150 feet and $0.50 for each additional ten feet or multiple thereof. 72 (b) Doubling of fees. Fees established in subsections (a)(1)--(3) of this section shall double 73 in the event that a permit is applied for after construction has commenced without the 74 permission of the building inspector. The building inspector may waive the doubling of fees 75 in cases where the building permit applicant is not a professional contractor, and the work 76 is not being done by a professional contractor. 77 BE IT FURTHER ORDAINED: 78 That Chapter 22 – Buildings and Building Regulations, Article IX - Lodging Houses, be amended 79 by inserting the text indicated in bold, red and deleting the text indicated in red strikeout as follows: 80 Sec. 22-301. Generally. 81 (a) Required. It shall be unlawful for any person to let, or offer to let, space in any 82 lodginghouse by advertisement, without first obtaining a permit from the licensing division 83 of the department of planning and inspections in order to determine compliance with the 84 provisions of this chapter. 85 86 (b) Expiration; fee. The permit shall expire annually on January 31, and the fee for the 87 annual permit shall be $50.00 $75.00 for the first ten rooms and $5.00 $7.00 for each 88 additional room. The fee for dormitories shall be $50.00 $75.00 for the first ten rooms, and 89 $2.50 $4.00 for each room thereafter. 90 c) Failure to pay on due date. In the event that the permit fee set forth herein is not paid 91 on the date due, then the permittee shall incur a penalty fee in the amount of ten percent per 92 month of the amount of the license fee until the same is paid. 93 94 (d) Reimbursement fee. An owner whose permit has been suspended in accordance with 95 section 22-303 shall pay a $100.00 reinstatement fee. 96 (e) Lien. In the event that the property owner fails to pay said fees within 30 days from the 97 date a notice thereof is mailed to the owner, then such fees may be entered into the municipal 98 lien docket as a lien owing the city, and the same may be turned over to the city solicitor for 99 collection. 100 (f) Utilities. The owner or occupant of any lodginghouse shall not be entitled to receive city 101 utilities until the permit fee required in this section is paid in full and city personnel shall 102 refuse to provide sewage, water and electricity to the property until satisfactory proof is 103 furnished that such permit fee has been paid. 104 BE IT FURTHER ORDAINED: 105 That Chapter 22 – Buildings and Building Regulations, Article X - Rental Dwellings, be amended 106 by inserting the text indicated in bold, red and deleting the text indicated in red strikeout as follows: 107 Sec. 22-351. Generally. 108 (a) Single-family dwellings. It shall be unlawful for any person to operate any single-family 109 rental dwelling without obtaining a permit from the licensing division of the department of 110 planning and inspections in order to determine compliance with the appropriate provisions

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111 of this article. The permit shall expire annually on January 31. The fee for the annual permit 112 shall be $90.00 $102.00 for each single-family detached dwelling, and $70.00 $82.00 for 113 each single-family attached dwelling. 114 115 (b) Multiple-family dwellings. It shall be unlawful for any person to operate any multiple 116 dwelling without first obtaining an annual permit therefore from the licensing division of the 117 department of planning and inspections in order to determine compliance with the 118 appropriate provisions of this article. The permit shall expire annually on January 31, and the 119 fee for the annual permit shall be $90.00 $102.00 for multiple dwellings consisting of three 120 or less dwelling units, $90.00 $102.00 for the first three dwelling units of a multiple dwelling 121 with four or more dwelling units, and $30.00 $36.00 for each additional dwelling unit in 122 excess of three. The fee for condominium units and accessory apartments located within 123 structures principally used for owner occupancy shall be $30.00 $36.00. 124 125 c) Late payment penalty. In the event that the permit fee set forth herein is not paid on the 126 date due, then the permittee shall incur a penalty fee in the amount of ten percent per month 127 of the amount of the license fee until the same is paid. 128 (d) Reinstatement fee. An owner whose permit has been suspended in accordance with 129 section 22-352 shall pay a $100.00 reinstatement fee. 130 (e) Lien. In the event that the property owner fails to pay said fees within 30 days from the 131 date a notice thereof is mailed to the owner, then such fees shall be entered in the municipal 132 lien docket as a lien owing the city; and the same may be turned over to the city solicitor for 133 collection. 134 (f) Utilities. The owner or occupant of any rental unit shall not be entitled to receive city 135 utilities until the permit fee required in this section is paid in full and city personnel shall 136 refuse to provide sewage, water and electricity to the property until satisfactory proof is 137 furnished that such permit fee has been paid. 138 139 ADOPTED: * 140 SYNOPSIS 141 The proposed ordinance would update the fees in the Building 142 Code in accordance with the recommendations of the Revenue 143 Manual. This includes building permits, plumbing permits, 144 heating and air conditioning permits, lodginghouse permits, 145 and rental permits. 146 Actions History 147 May 27, 2008 - Tabled at Council 148 May 5, 2008 - Legislative, Finance, and Administration Committee 149 Mar 10, 2008 - Legislative, Finance, and Administration Committee

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FIRST READING CITY OF DOVER ORDINANCE #2008-12 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 That Chapter 26 - Businesses, Article II Licenses, Section 26-35 - License Required; Fees be 4 amended by inserting the text indicated in bold, red and deleting the text indicated in red strikeout 5 as follows: 6 Sec. 26-35. License required; fees. 7 (a) Nonprofessional service businesses. Except where expressed by definition in section 8 26-31, nonprofessional service businesses shall pay an annual license fee for each store, place 9 of business or vehicle from which the licensee conducts the business operated within the city. 10 11 (b) Professional services. Persons engaged in professional services, such as accountants, 12 certified or public, landscape architects, architects, optometrists, lawyers, dentists, physicians 13 and surgeons, psychologists, physical therapists, podiatrists, professional engineers, and 14 veterinarians shall pay an annual license fee for engaging in such professional services within 15 the city. 16 c) Corporate employees. No license shall be required of any individual practicing a 17 profession or trade who is in the employ of any corporation licensed under any other 18 provision of this article and who does not practice his profession, except in his capacity as 19 an employee of such corporation and, provided further, that no attorney in the employ of any 20 such corporation shall be required to obtain a license under this section so as to fulfill 21 assignments made to him by any state court. 22 (d) Businesses licensed. 23 24 (1) No person shall conduct or engage in any of the following trades, businesses, or 25 occupations within the city without a license and paying the appropriate fee as 26 follows: 27 Advertising agency . . . $ 92.00 $101.00 28 Amusement operator . . . 152.00 167.00 29 Architect . . . 242.00 266.00 30 Attorney-at-law . . . 303.00 333.00 31 Auctioneer . . . 152.00 167.00 32 Automobile race operator . . . 363.00 399.00 33 Bank, or loan and trust company . . . 303.00 333.00 34 Bank, off premise ATM . . . 49.00 35 Barber . . . 61.00 67.00

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36 Each additional chair over two . . . 4.00 37 Beautician . . . 61.00 67.00 38 Each additional chair over two . . . 4.00 39 Bowling alley operator . . . 182.00 200.00 40 Broadcasting station . . . 303.00 333.00 41 Broker . . . 152.00 167.00 42 Car wash . . . 182.00 200.00 43 Certified public accountant . . . 242.00 266.00 44 Cesspool cleaner . . . 121.00 133.00 45 Chiropractor . . . 303.00 333.00 46 Clinical social worker . . . 93.00 102.00 47 Coin-operated amusement machine owner, per machine . . . 3.00 48 Coin-operated vending machine owner, per machine . . . 3.00 49 Coin-operated electronic video machine, per machine . . . 121.00 133.00 50 Commercial sign business . . . 121.00 133.00 51 Computer related services . . . 121.00 133.00 52 Consultant . . . 49.00 54.00 53 Day care operator: 54 Home based provider with six or fewer children . . . 0.00 25.00 55 Center or home provider with greater than six children . . . 49.00 54.00 56 Dental lab . . . 182.00 200.00 57 Dentist . . . 303.00 333.00 58 Distributor . . . 61.00 67.00 59 Drayperson or mover . . . 121.00 133.00 60 Eating establishment and/or eating establishment operator . . . 121.00 133.00 61 Employment agent . . . 121.00 133.00 62 Entertainer: 63 One--three entertainers per group . . . 49.00 54.00 64 Four--nine entertainers per group . . . 92.00 101.00 65 Ten or more . . . 121.00 133.00 66 Entertainment agent . . . 182.00 200.00 67 Finance or small loan agency . . . 242.00266.00 68 Fitness Trainer . . . 67.00 69 Funeral director . . . 242.00266.00 70 Gas, light, power, cable TV and telephone company . . . 908.00 999.00 71 General repairman . . . 61.00 67.00 72 Health spa or health club . . . 182.00 200.00 73 Hotel: 74 Per room . . . 9.00 10.00

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75 Per suite . . . 12.00 13.00 76 Income tax consultant . . . 182.00 200.00 77 Incorporator . . . 121.00 133.00 78 Insurance adjustor office . . . 121.00 133.00 79 Itinerant merchant, per event . . . 40.00 44.00 80 Janitorial and cleaning service: 81 One--three employees . . . 49.00 54.00 82 Four--nine employees . . . 92.00101.00 83 Ten or more employees . . . 121.00 133.00 84 Landscape service company: 85 One--three employees . . . 49.00 54.00 86 Four--nine employees . . . 92.00101.00 87 Ten or more employees . . . 121.00 133.00 88 Laundry service operator: 89 Primary facility . . . 121.00 133.00 90 Additional drop-off locations . . . 49.00 54.00 91 Linen supplier . . . 121.00 133.00 92 Manicurist . . . 31.00 34.00 93 Manufacturer's agent or representative . . . 121.00 133.00 94 Mercantile agency or collection agency . . . 121.00 133.00 95 Mobile home park, per space . . . 7.00 8.00 96 Motel, per room . . . 7.00 8.00 97 Motion picture theater . . . 182.00 200.00 98 Motor vehicle serviceman . . . 92.00101.00 99 Nursing, rest or convalescent home . . . 182.00 200.00 100 Open market operator: 101 First 20 spaces, per rented space . . . 22.00 24.00 102 21st--50th space, per rented space . . . 11.00 12.00 103 Each space over 50, per rented space . . . 6.00 7.00 104 Outdoor tables, per table . . . 6.007.00 105 Optometrist . . . 303.00 333.00 106 Outdoor music festival promoter . . . 1,210.00 1,331.00 107 Parking lot or garage operator . . . 61.00 67.00 108 Pawnbroker . . . 182.00 200.00 109 Pest control services . . . 92.00101.00 110 Pharmacist . . . 182.00 200.00 111 Photographer . . . 121.00 133.00 112 Physical therapist . . . 182.00 200.00 113 Physician and/or surgeon . . . 303.00 333.00

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114 Plant nursery and florist . . . 92.00101.00 115 Podiatrist . . . 303.00 333.00 116 Pool table operator, per table . . . 61.00 67.00 117 Maximum fee . . . 183.00 201.00 118 Printer . . . 121.00133.00 119 Private investigator agency . . . 182.00 200.00 120 Professional counselor . . . 61.00 67.00 121 Professional engineer . . . 242.00266.00 122 Professional land surveyor . . . 242.00266.00 123 Psychologist . . . 303.00 333.00 124 Public accountant . . . 182.00 200.00 125 Public stenographer . . . 37.00 41.00 126 Publisher . . . 303.00 333.00 127 Real estate broker, appraiser, and manager . . . 152.00 167.00 128 Real estate development corporation . . . 333.00 129 Real estate property manager: 130 One--three units managed . . . 49.00 54.00 131 Four--ten units managed . . . 121.00 133.00 132 Ten+ units managed . . . 121.00 133.00 133 Real estate salesperson or associated broker . . . 49.00 54.00 134 Rental service . . . 121.00 133.00 135 Sales representative . . . 49.00 54.00 136 School and educational service (nonvocational) . . . 61.00 67.00 137 School and educational service (vocational) . . . 121.00 133.00 138 Scientific laboratory . . . 242.00266.00 139 Scrap and waste material service . . . 121.00 133.00 140 Secondhand dealer of precious metals . . . 121.00 133.00 141 Security service . . . 182.00 200.00 142 Self-service laundry or dry cleaner . . . 121.00 133.00 143 Shoe repairman . . . 49.00 54.00 144 Sound truck, per hour . . . 31.00 34.00 145 Tailor and garment service . . . 49.00 54.00 146 Taxicab or bus operator: 147 First vehicle . . . 25.00 148 Each additional vehicle . . . 25.00 28.00 149 Taxidermist . . . 121.00 133.00 150 Telephone answering service . . . 121.00 133.00 151 Television repairman . . . 92.00101.00 152 Tourist home, per room . . . 7.00 8.00

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153 Trailer park, per space . . . 7.00 8.00 154 Travel agency . . . 121.00 133.00 155 Veterinarian . . . 303.00 333.00 156 Warehouseman . . . 242.00266.00 157 Wholesale news agency . . . 61.00 67.00 158 All other businesses not listed: 159 One--three employees . . . 49.00 54.00 160 Four--nine employees . . . 92.00101.00 161 Ten--50 employees . . . 121.00 133.00 162 51--100 employees . . . 303.00 333.00 163 (2)Manufacturers and contractors shall pay a license fee at the rate of $0.00046 of the 164 aggregate gross receipts; provided, however, that the minimum license shall be $121.00 165 133.00. 166 (3) Merchants and bottlers shall pay a license fee at the rate of $0.00046 of the aggregate 167 gross purchases for resale; provided, however, that the minimum license fee shall be $61.00 168 67.00. 169 ADOPTED: * 170 SYNOPSIS 171 This proposed ordinance updates business license fees in 172 accordance with the Revenue Manual. This includes a 10% 173 increase in business license fees, as well as the addition of three 174 license categories. 175 Actions History 176 May 27, 2008 - Tabled at Council 177 May 5, 2008 - Legislative, Finance, and Administration Committee 178 Mar 10, 2008 - Legislative, Finance, and Administration Committee

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FIRST READING CITY OF DOVER ORDINANCE #2008-13 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 4 That Chapter 46 - Fire Prevention and Protection, Article III - Fire Codes, Section 46-126 - Fire 5 Prevention Permit be amended as to add the following: 6 (e) Final Inspections Fee. A fee of $50.00 shall be paid unto the city for all final inspections 7 conducted by the Fire Marshals Office for Certificate of Occupancy Inspections, Final 8 Building Inspections and Final Fire Protection acceptance tests. Fee is to be paid prior to the 9 inspection. 10 BE IT FURTHER ORDAINED: 11 That Chapter 46 – Fire Prevention and Protection, Article IV - Public Occupancies, Section 46-164 12 - Fees be amended by inserting the text indicated in bold, red and deleting the text indicated in red 13 strikeout as follows: 14 Sec. 46-164. Fees. 15 A person desiring the permit required by the provisions of this article shall pay the following 16 appropriate permit fee: 17 (1) Churches, $25.00 $50.00; 18 (2) Civic auditoriums, $25.00 $50.00; 19 (3) Clubhouses, $50.00; 20 (4) Commercial auditoriums, $25.00 $50.00 for the first 200 seats and $2.50 for 21 each additional 50 seats; 22 (5) Day care facilities (Including home day care facilities), $25.00 $50.00; 23 (6) Hospitals, nursing homes or rest homes, $5.00 $10.00 for the first ten rooms 24 and $1.25 for each additional room; 25 (7) Mercantile (10,000 square feet of area or greater), $25.00 $50.00; 26 (8) Outdoor public events, including but not limited to firework displays, carnivals, 27 and outdoor music concerts, $25.00 $50.00 (Fireworks Displays $100.00); 28 (9) Public office buildings, $25.00; 29 (10) Schools, $25.00; 30 (11) Theaters, $25.00 for the first 200 seats and $2.50 for each additional 50 seats. 31 (9) Business Occupancies (10,000 square feet or greater) $50.00 32 (10) Educational Occupancies $50.00 33 (11) Assembly Occupancies (Occupant loads over 150 people) $50.00 34 (12) Hotels, Motels, and Dormitories $50.000 35 (13) Multi -Multi- Residential with more the 6 units, $10.00 for the first 5 units 36 and $1.25 for each additional room

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37 (14) Storage Occupancies (Over 10,000 square feet) $50.00 38 (15) Lodging and Rooming House $50.00 39 (B) Fire Protection Inspection Fee 40 (1) Fire Signaling System Inspection Fee. For each inspection of a fire alarm 41 signaling system located within the jurisdiction of the City of Dover, and 42 conducted by a licensed company pursuant to Delaware State Fire Prevention 43 Regulations, Part III Chapter 4, Section 4-8, 4-9, and 4-10, the licensed 44 company shall submit a copy of the certificate of inspection to the City of 45 Dover Fire Marshals Office, along with a non-refundable fee of $25.00. 46 (2) Fire Suppression System Inspection Fee. For each inspection of a fire 47 suppression system located within the jurisdiction of the City of Dover Fire 48 Marshals Office, and conducted by a licensed company pursuant to Delaware 49 State Fire Prevention Regulations, Part III, Chapter 5, sections 5-8, 5-9, and 5- 50 10, the licensed company shall submit a copy of the certificate of inspection to 51 the City of Dover Fire Marshals Office, along with a non-refundable fee of 52 $25.00. 53 BE IT FURTHER ORDAINED THAT 54 That Chapter 46 – Fire Prevention and Protection, Article IV - Public Occupancies, Section 46-168 - 55 Reinspection Fee be amended by inserting the text indicated in bold, red and deleting the text 56 indicated in red strikeout as follows: 57 (a) Amount. There is hereby created a reinspection fee of $25.00 $50.00 that shall be charged 58 for any repeated violation cited by the fire marshal, determined to be a violation and which 59 requires a followup inspection to confirm the correction of the violation. 60 ADOPTED: * 61 SYNOPSIS 62 This proposed ordinance updates the fees charged under the 63 City’s fire code. Specifically, it creates a new final inspection fee 64 fire protection inspection fee and updates the public occupancy 65 permit fees and reinspection fees. 66 Actions History 67 May 27, 2008 - Tabled at Council 68 May 5, 2008 - Legislative, Finance, & Administration Committee 69 Mar 10, 2008 - Legislative, Finance, & Administration Committee 70

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FIRST READING CITY OF DOVER ORDINANCE #2008-14 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 That Chapter 66 –Manufactured Homes and Trailers, be amended by inserting the text indicated in 4 bold, red and deleting the text indicated in red strikeout as follows: 5 Sec. 66-2. License. 6 (a) Required fee. The owner of a mobile home shall obtain an annual license for it and shall 7 pay a fee of $45.00 $50.00 for such license. 8 (b) Payment; penalties. Such license shall be obtained and the license fee paid by July 1 of 9 each year and if such fee is not paid before August 1 of such year, then, in addition to any 10 penalty incurred pursuant to section 1-17, a penalty fee of ten percent per month shall accrue 11 on the unpaid balance of the license fee. 12 c) Moving into city. Upon the moving of a mobile home into the city, such license shall be 13 obtained and the license fee paid within seven days. Payment of such license fee shall be 14 prorated on a quarterly basis for each fractional part of a year during which the mobile home 15 is in the city. 16 (d) Sticker; where placed. Once the annual license fee has been paid by the owner of a 17 mobile home, he shall be issued a sticker or other evidence of payment by the city manager 18 or his authorized agent. This sticker or other evidence of payment must be placed upon the 19 mobile home on the front of the mobile home facing the street on the righthand side when 20 facing said mobile home one foot up from the bottom of the skirting and one foot over from 21 the side of the mobile home. 22 ADOPTED: * 23 SYNOPSIS 24 The proposed ordinance amends the manufactured home license fee in 25 accordance with the recommendations of the Revenue Manual. 26 Actions History 27 May 27, 2008 - Tabled at Council 28 May 5, 2008 - Legislative, Finance, and Administration Committee 29 Mar 10, 2008 - Legislative, Finance, and Administration Committee

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FIRST READING CITY OF DOVER ORDINANCE #2008-15 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 That Appendix A - Subdivisions, Article IV, Section A - Pre Application be amended by inserting 4 the text indicated in bold, red and deleting the text indicated in red strikeout as follows: 5 1. Following this step, the subdivider shall submit to the commission pre-application plans 6 and data as specified in Article V, Section A, with a filing fee of $200.00 $225.00. 7 BE IT FURTHER ORDAINED: 8 That Appendix A - Subdivisions, Article IV, Section B - Preliminary Layout be amended by inserting 9 the text indicated in bold, red and deleting the text indicated in red strikeout as follows: 10 2. Application for conditional approval of the preliminary layout shall be submitted in 11 writing for a filing fee of $325.00 $400 plus $15 per acre by the subdivider to the 12 commission, together with the original and 20 prints of the preliminary layout, and other 13 specified documents at least 30 days prior to the meeting at which it is to be considered. 14 BE IT FURTHER ORDAINED: 15 That Appendix A - Subdivisions, Article IV, Section C - Plat be amended by inserting the text 16 indicated in bold, red and deleting the text indicated in red strikeout as follows: 17 3. Application for approval of the plat shall be submitted in writing by the subdivider to 18 the city planner, together with three prints of the plat and the plat review fee of $150.00 19 $165.00, plus $65.00 $72.00 per acre for the first ten acres, $40.00 $44.00 per acre for the 20 next ten acres and $25.00 per acre for each acre thereafter. Plats for minor lot line 21 adjustments shall require a review fee of $100.00 $110.00. Plats for minor subdivisions 22 shall require a review fee of $100.00 $150.00. 23 ADOPTED: * 24 SYNOPSIS 25 The proposed ordinance amends the fees associated with the 26 Subdivision Ordinance, in accordance with the recommendations 27 of the Revenue Manual. 28 Actions History 29 May 27, 2008 - Tabled at Council 30 May 5, 2008 - Legislative, Finance, and Administration Committee 31 Mar 10, 2008 - Legislative, Finance, and Administration Committee

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FIRST READING CITY OF DOVER ORDINANCE #2008-16 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 That Appendix B - Zoning Ordinance, Article 3 - District Regulations, Section 24 - Planned 4 Neighborhood Design Option, be amended by inserting the text indicated in bold, red and deleting 5 the text indicated in red strikeout as follows: 6 24.2 Review process. The planned neighborhood design option shall involve a three-step 7 review and approval process. In the first step, the developer shall meet with the city council 8 and present a general sketch plan and a statement documenting the project's compliance with 9 the goals of the comprehensive plan for review. The general sketch plan shall reflect the 10 general layout of streets, open space, and housing areas and types. Each application for a 11 general sketch plan review shall be accompanied by a fee of $100.00 $110.00. The city 12 council shall determine whether the proposed project is of such a design and type that it 13 warrants further review by the planning commission. If the city council determines that 14 further review is warranted, the second step shall be the conditional use review process 15 which involves the submission of a conceptual plan which conforms in content to the design 16 standards and requirements specified in subsections 24.5 and 24.6 of this section, as well as 17 the plan submission requirements of subsection 24.8 of this section and article 10, section 18 1.6 of the zoning ordinance [this appendix]. Depending upon the type of development 19 proposed, the following additional requirements shall apply: 20 BE IT FURTHER ORDAINED: 21 That Appendix B - Zoning Ordinance, Article 3 - District Regulations, Section 24 - Planned 22 Neighborhood Design Option, be amended by inserting the text indicated in bold, red and 23 deleting the text indicated in red strikeout as follows: 24 24.81 Each application for a conditional use plan approval shall be accompanied 25 by a fee of $200.00 $225.00, plus $10.00 $12.00 per acre. 26 BE IT FURTHER ORDAINED: 27 That Appendix B - Zoning Ordinance, Article 3 - District Regulations, Section 24 - Planned 28 Neighborhood Design Option, be amended by inserting the text indicated in bold, red and 29 deleting the text indicated in red strikeout as follows: 30 24.91 Each application for a preliminary plan approval shall be accompanied by a fee 31 of $325.00 $400.00, plus $20.00 per acre. 32 BE IT FURTHER ORDAINED: 33 That Appendix B - Zoning Ordinance, Article 3 - District Regulations, Section 24 - Planned 34 Neighborhood Design Option, be amended by inserting the text indicated in bold, red and 35 deleting the text indicated in red strikeout as follows:

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36 24.101 Each application for a preliminary plan approval shall be accompanied by a 37 fee of $250.00 $300.00. 38 BE IT FURTHER ORDAINED: 39 That Appendix B - Zoning Ordinance, Article 8 - Enforcement and Penalties, Section 2 - Certificates 40 of Occupancy, be amended by inserting the text indicated in bold, red and deleting the text indicated 41 in red strikeout as follows: 42 2.4 Every application for a certificate of occupancy or a temporary certificate of 43 occupancy shall be accompanied by a fee, payable to the City of Dover, computed as 44 follows: For all properties zoned single-family residential, the fee shall be $40.00 45 $50.00; for all other property in other zoning classifications, other than single-family 46 residential, the fee shall be $40.00 $50.00 for the first 20,000 square feet of building area, 47 plus the sum of $10.00 $12.50 for each additional 10,000 square feet of building area in 48 excess of the first 20,000 square feet or multiple thereof. 49 BE IT FURTHER ORDAINED THAT: 50 That Appendix B - Zoning Ordinance, Article 9 - Board of Adjustment, Section 3 - Procedure, be 51 amended by inserting the text indicated in bold, red and deleting the text indicated in red 52 strikeout as follows: 53 3.5 All appeals and applications made to the board of adjustment shall be in writing, on 54 forms prescribed by the board and approved by the planning commission. All variance 55 requests for residential uses shall be accompanied by a fee of $200.00. All variance requests 56 for nonresidential uses shall be accompanied by a fee of $300.00 $500.00. All appeals from 57 an order, requirement, decision or determination made by an administrative official, board 58 or agency of the city shall be accompanied by a fee of $200.00.The board of adjustment may, 59 in its discretion, return to the applicant part or all of the fee paid by him in the event that his 60 appeal under section 2.1 (interpretation) hereof is partially or wholly successful. The fees 61 filed in connection with applications under section 2.2 (variances) shall not be returnable, 62 regardless of disposition of the case by the board. An additional fee of $200.00 shall be 63 applicable for applications postponed at the applicant request. 64 BE IT FURTHER ORDAINED THAT: 65 That Appendix B - Zoning Ordinance, Article 10 - Planning Commission, Section 1 - Approval 66 of Conditional Uses, be amended by inserting the text indicated in bold, red and deleting the text 67 indicated in red strikeout as follows: 68 1.52 Each application for a conditional use permit shall be accompanied by a fee of $325.00 69 $400.00, plus $15.00 per acre of the area or multiple thereof involved in the application. 70 BE IT FURTHER ORDAINED THAT: 71 That Appendix B - Zoning Ordinance, Article 10 - Planning Commission, Section 2 - Site 72 Development Plan Approval, be amended by inserting the text indicated in bold, red and deleting 73 the text indicated in red strikeout as follows: 74 2.45[Fees.] If, as a result of the presubmission conference as described in

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75 [sub]section 2.41 of this ordinance, it is determined that the proposed uses or 76 development is of a type that would be reviewed by the planning commission and 77 approval or disapproval of the application given by that body, the application for site 78 development plan approval shall be submitted, in triplicate, to the building inspector, 79 on forms approved by the planning commission, at least 30 days prior to the planning 80 commission meeting at which approval is to be requested. The application for site 81 development plan approval shall be accompanied by a fee of $325.00 $400.00 plus 82 $15.00 per acre. Applications for administrative site plans shall be accompanied by 83 a fee of $125.00 $150.00. 84 ADOPTED: * 85 SYNOPSIS 86 The proposed ordinance would update the fees in the Zoning 87 Ordinance in accordance with the recommendations of the 88 Revenue Manual. This includes the fees for conditional use 89 applications, site development plan applications, Board of 90 Adjustment applications, and certificates of occupancies. 91 Actions History 92 May 27, 2008 - Tabled at Council 93 May 5, 2008 - Legislative, Finance, & Administration Committee 94 Mar 10, 2008 - Legislative, Finance, & Administration Committee

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