08-22-05 Council Packet

REGULAR COUNCIL MEETING AGENDA August 22, 2005 - 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 August 8, 2005 2. Presentation - Douglas Van Sant - Dover Parking Authority (6/2000 - 7/2005) 3. Annexation/Rezoning Public Hearing/Final Reading - Property Located on the northwest corner of Kenton Road and Fox Hall Drive and on the south side of Fox Hall Drive adjacent to Kenton Road (Three parcels owned by Clifton A. and Marie F. Hutton) A. Annexation Referendum Held 08/11/05 Results: 2 FOR 0 AGAINST B. Annexation Resolution C. Rezoning Public Hearing and Final Reading of Proposed Ordinance to amend the zoning designation from RS-1 - Single Family Residence (Kent County) to RM-1 - Medium Density Residential (City of Dover) [The First Reading of the proposed ordinance was accomplished during the Council Meeting of July 11, 2005; a zoning classification of RG-3 (Group Housing) was submitted on the annexation/rezoning application and the Planning Commission has recommended a zoning classification of RM-1 (Medium Density Residence)] 4. Annexation/Rezoning Public Hearing/Final Reading - Property Located at 80 Nixon Lane (owned by Traci A. McDowell and Craig L. Gahm) A. Annexation Referendum Held 08/11/05 Results: 2 FOR 0 AGAINST B. Annexation Resolution C. Rezoning Public Hearing and Final Reading of Proposed Ordinance to amend the zoning designation from RS-1 - Single Family Residence (Kent County) to R-8 - One Family Residential (City of Dover) * 5. Legislative, Finance, and Administrative Committee Report - August 8, 2005 A. Council Training - Voting System B. Revenue Forecasting

Council Agenda August 22, 2005 Page 2 6. Utility Committee Report - August 22, 2005 A. Annexation Requests (considered during the Utility Committee Meeting earlier in the evening): a-1. Property located at 174 Mifflin Road - owned by Mary Francis O'Connor (Adoption of Resolution Setting Annexation Referendum for October 13, 2005 - See Item #10-A) a-2. Properties located west of State Route 1 and adjacent to Old Leipsic Road and Leipsic Road and north of Finish Line Drive, consisting of seventeen (17) parcels totaling 11.08+/- acres - owned by Dover International Speedway, Inc. (Adoption of Resolution Setting Annexation Referendum for October 13, 2005 - See Item #10-B) * 7. Monthly Reports - July 2005 A. Budget Report B. Chief of Police Report C. City Clerk/Alderman Report (Fines) D. City Manager’s Report E. Mayor's Report F. Planning and Inspections Report 8. Evaluation of Bids A. SCADA Remote Terminal Units (RTU’s) B. Tax Assessment Contractual Services * 9. Appointments by Mayor Speed A. Human Relations Commission - David L. Anderson (To Fill the Unexpired Term of Michael Malkiewicz - Term to Expire February 2007) B. Planning Commission - John H. Balldwin, Sr. (To Fill the Unexpired Term of Frances Winsley - Term to Expire June 1, 2007) 10. Annexation/Rezoning Requests - First Readings (Recommended for referral to the Planning Commission on September 19, 2005, that a Referendum be held on October 13, 2005, and that a Public Hearing be set for October 24, 2005 at 7:30 p.m.) A. Property located at 174 Mifflin Road, owned by Mary Francis O'Connor. The present zoning classification is RS-1 - Single Family Residential (Kent County) and the proposed zoning classification is R-8 - One Family Residential (City of Dover) B. Properties located west of State Route 1 and adjacent to Old Leipsic Road and Leipsic Road and north of Finish Line Drive, consisting of seventeen (17) parcels totaling 11.08+/- acres, owned by Dover International Speedway, Inc. The present zoning classification is AR - Agricultural Residential (Kent County) and the proposed zoning classification is RC - Recreation Commercial (City of Dover)

Council Agenda August 22, 2005 Page 3 11. Rezoning Request/First Reading (Recommended for referral to the Planning Commission on September 19, 2005 and that a Public Hearing be set for October 10, 2005 at 7:30 p.m.) A. Property located at 700-708 Forest Street and 12-16 Lincoln Street, owned by Frank R. Moore, Paul T. Moore, Paul T. Moore, Jr., Paul T. Moore Trustee, and Aiko Moore Trustee. These properties are currently zoned IO (Institutional and Office) and the proposed zoning is C-3 (Service Commercial) 12. Council Members Comments /jg S:\ClerksOffice\Agendas&Minutes\Council-Agendas\2005\08-22-2005.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

REGULAR COUNCIL MEETING The Regular Council Meeting was held on August 8, 2005 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Carey, Mr. Sadusky, Mr. Slavin, Mr. Ritter, Mr. Hogan, Mr. Salters, and Mr. Ruane. Mr. Pitts was absent. Council staff members present were Police Major Taraila, Mrs. Mitchell, Mr. Galvin, Fire Chief Bashista, Mr. Koenig, Deputy City Solicitor Pepper, Mrs. Green, and Mayor Speed. OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action. Mr. Cecil C. Wilson, 130 Brandywine Drive, expressed concern regarding the Dover Human Relations Commission being under the leadership of Dr. Hoff and his illegal hiring of Ms. Garcia for minute taking and the rude and negative treatment of Dr. Nagarajan, which led to his resignation. He has met with the City Manager and feels that a resolution to the hiring of Ms. Garcia will be accomplished. However, he felt that members of Council should conduct an investigation into the mistreatment of Dr. Nagarajan and that members of the Dover Human Relations Commission should meet the purpose for their establishment. The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance. Council President Williams announced that members of Council will be utilizing new electronic voting and requested that all members indicate their presence for roll call purposes. AGENDA ADDITIONS/DELETIONS Mr. Carey moved for approval of the agenda, seconded by Mr. Sadusky and unanimously carried. Mr. Ritter requested that item #8B - Reappointment to Dover Housing Authority, and item #9 - Appointment of 2005 Ad-Hoc Charter Review Committee, be removed from the Consent Agenda. Mr. Carey moved for approval of the Consent Agenda, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Pitts absent). ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 25, 2005 The Minutes of the Regular Council Meeting of July 25, 2005 were unanimously approved by motion of Mr. Carey, seconded by Mr. Salters and bore the written approval of Mayor Speed.

CITY COUNCIL MEETING OF AUGUST 8, 2005 PAGE 2 PRESENTATION - RECOGNITION OF SERVICE - DR. NILAKANTAN NAGARAJAN, DOVER HUMAN RELATIONS COMMISSION (APRIL 2002 - JULY 2005) Mayor Speed presented Dr. Nagarajan with a Dover Cup in recognition of his service on the Dover Human Relations Commission since its inception, from April 2002 through July 2005. Dr. Nagarajan relayed appreciation to members for the opportunity and read a statement into the record (Exhibit #1). UPDATE (15 MONTHS) - BROWN WATER Mr. Koenig, Public Works Director, provided a Power Point Presentation on the 15-month update for Brown Water (Exhibit #2). He advised members that staff is currently focusing on further development of the unidirectional flushing program and operational improvements, revising background data for corrosion inhibitors, and continues to develop cost options for the relining and replacement program. Staff will soon be presenting the Master Water Plan to the Utility Committee during a workshop session and a new Action Plan will be developed. PUBLIC HEARING/FINAL READING - REZONING OF PROPERTY LOCATED AT 487 S. QUEEN STREET, OWNED BY MICHAEL SANCHEZ A public hearing was duly advertised for this time and place to consider rezoning of property located at 487 S. Queen Street, owned by Michael Sanchez. The property is currently zoned C-1 (Neighborhood Commercial) and the proposed zoning is C1-A (Limited Commercial). Planner's Review Mr. Galvin, City Planner, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #3). Public Hearing Council President Williams declared the hearing open. There being no one present wishing to speak, Council President Williams declared the hearing closed. Mr. Slavin moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mr. Sadusky and by a unanimous roll call vote (Mr. Pitts absent), Council adopted the following ordinance: (The First Reading of this ordinance was accomplished during the Council Meeting of July 25, 2005.) SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - JULY 26, 2005 The Safety Advisory and Transportation Committee met on July 26, 2005 with Chairman Hogan presiding. Briefing on DelDOT Projects (Gary Laing) Mr. Hogan explained that with the change in membership, he requested a briefing on DelDOT Projects. He indicated that it is his intention to request an update by DelDOT every other month on

CITY COUNCIL MEETING OF AUGUST 8, 2005 PAGE 3 projects. Mr. Laing, Municipal Liaison for DelDOT, reviewed the on-going DelDOT projects involving the City of Dover, as follows: Mega-TIS on SR1/Route 8 and East Dover Housing Development Projects Mr. Laing advised members that to date there has been no resolution involving the Mega-TIS on SR1/Route 8 and East Dover Housing Development Projects; however, DelDOT has continuing discussions with the developers. He reminded members that the residents of the Edgehill area relayed concerns regarding these projects and assured members that meetings are continuing with the residents in an effort to address their concerns. Also, DelDOT is studying the possibility of split- phased signal timing at US 13 and SR8 to alleviate some of the backups. The left-turn lane for traffic turning south from westbound SR8 has already been lengthened. Crawford Carroll Drive Mr. Laing indicated that although the contractor for the Crawford Carroll Drive Project remains in liquidated damages for failure to complete the project on time, work continues on this project. College Road Corridor Update Due to the lack of funding, Mr. Laing advised members that there will be no work done on the College Road Corridor Update in the foreseeable future; therefore, he suggested that this project be removed from the list for future reports. West Dover Connector Mr. Laing stated that funding has not been received in the FY 2006 budget for the West Dover Connector project. DelDOT continues to work with funds that are remaining from the FY 2005 budget. The project team is examining how they can develop a preferred alternative using funds available, and how costs can be reduced in order to stretch the available funds as much as possible. Mr. Laing advised members that the August 17, 2005 Working Group meeting has been cancelled and will be rescheduled when the project team has worked out a plan. The target date for the Working Group meeting is for late summer/early fall. As a result, the Public Workshop that was tentatively set for late summer/early fall has been delayed. In the meantime, Mr. Laing indicated that DelDOT will continue to present materials to the environmental regulatory agencies to keep them apprised of the status and, hopefully, allow them to indicate how we should proceed with this project. Traffic Signal at Greenway Lane and Kenton Road The request for a study to determine if a traffic signal is warranted for the intersection of Greenway Lane and Kenton Road has been submitted; however, Mr. Laing advised members that studies are also backed up and no new projects are being put into the pipeline. Traffic Loop - Delaware State University/Dover Mall/Dover Downs Mr. Laing stated that the expansion planned for Dover Downs pushed hard for the Traffic Loop Project for Delaware State University/Dover Mall/Dover Downs. He reported that since the expansion will not occur in the near future and since there is no funding available for any extensive studies, this project should be removed from the list for future reports.

CITY COUNCIL MEETING OF AUGUST 8, 2005 PAGE 4 Walker Road Project Construction Mr. Laing noted that since the Walker Road Project is very much near completion, it should be removed from the list for future reports. South Governors Avenue Improvements The South Governors Avenue Improvements project was one of the major projects to be hit by the budget situation for the State. Mr. Laing stated that this is one of many projects which no funding was provided for in the FY 2006 budget. A total of $287M worth of projects have been placed in abeyance due to this budget crunch. Other Dover area projects affected by this include the following: 1) US 113 at S. State Street; 2) West Dover Connector; 3) Loockerman Street/Forrest Avenue Improvements; 4) Delaware Airpark; 5) Dover Curbing; 6) Civil Air Park; and 7) many other Kent County Projects. Mr. Laing stated that Secretary Hayward has sent letters to municipalities, counties, chambers of commerce, etc. regarding the fiscal situation for DelDOT (as on file in the Office of the City Clerk). He noted that the letter explains how this situation has occurred, explaining that Delaware’s rapid growth has strained the State’s resources. DelDOT has been dealing with new traffic and congestion, and has been challenged to develop new solutions, such as the expansion of roadway, new traffic signals, bridge improvements and replacement, paratransit services, etc. In addition, Mr. Laing advised members that construction costs have escalated at a rate much higher than the consumer price index. Finally, the traditional funding sources, such as gas taxes, tolls and motor vehicle fees, have not grown as quickly as the rest of the State’s sources of funds. The Transportation Trust Fund (TTF) has increased 29% over the past 10 years, while the General Fund for the State grew more than twice as fast - 74%. Mr. Laing advised members that DelDOT has also been affected by the delay in congressional approval of the federal transportation funding legislation. Each year, DelDOT receives more than $125M funding; however, this has not yet occurred this year due to a political struggle over the reauthorization of the federal highway trust fund. During the committee meeting, Mr. Ruane suggested that City Council respond to the letter submitted by Secretary Hayward dated July 18, 2005, specifically by going on record acknowledging their financial dilemmas and providing a prioritization list of projects for the City of Dover. It was his feeling that the South Governors Avenue Improvements would be the City’s major concern at this time. DelDOT should be encouraged to continue maintenance and repair on those State owned roadways located in the City limits. Mr. Ruane questioned the status of signalization projects. Responding, Mr. Laing advised members that signalization projects have also been delayed. Explaining further, Mr. DePrima was advised that the original bond bill allotment of $2.6M remains. Since this amount is not enough to cover the entire signalization project, DelDOT would fund the remaining costs, estimated at $1M. Considering that the new lights have been ordered for Division Street, it was his understanding that part of the project will be completed. Mr. Laing indicated that he would check on this matter and report back to members next month.

CITY COUNCIL MEETING OF AUGUST 8, 2005 PAGE 5 Mr. DePrima requested that future updates include the Signalization Project, as well as the Wyoming Mill Road Project, which was the City’s top priority submitted to DelDOT. Responding to Mr. Ruane, Mr. Hogan stated that since there is not a quorum of committee members, the suggestion of submitting a response to Secretary Hayward’s letter dated July 18, 2005 would be presented to Council for consideration. Mr. Hogan moved to authorize the Safety Advisory and Transportation Committee to prepare a letter to Secretary Hayward addressing the City’s concerns regarding funding for Kent County and the City of Dover and listing the City’s priorities for funding and concerns of necessary projects and requesting that a formal meeting be scheduled with Secretary Hayward and City Council, seconded by Mr. Carey and unanimously carried. Kent County Transportation Management Team (Chairman Hogan) Mr. Hogan advised members that he recently attended a Kent County Transportation Management Team Meeting and that their primary objective is to develop traffic control plans and pre-determined detour routes in the event of major incidents that occur on the roads of the State of Delaware. Currently, they are focusing on Kent County, specifically detours for SR1. He provided members with the information distributed during the meeting and advised members that there are several agencies involved, including representatives from Police and Fire Departments. Since the information the group is obtaining and the planning is to be very detailed, Mayor Speed stated that this process will take some time to complete. Mr. Hogan stated that he would be attending future meetings and keep members abreast of any action. Radio Paging System (Councilman Carey) Mr. Carey advised members that this past June, while attending the National Fire Protection Association Conference, he participated in several education sessions, including Communication Tools Notifying the Public During Disasters, Natural and Man-Made. Although there are several communication tools already used for emergency situations and civil defense, he stated that a radio paging system would compliment these means. Members were provided a copy of the Power Point Presentation given by the Emergency Management Coordinator of City of La Porte, Texas. Mr. Carey noted that the radio paging system is used as an immediate notification tool and that the receivers would be located in schools, nursing homes, and other public buildings. It was his feeling that the City would benefit from the use of such a system and that there is probably WMD or civil defense funds and grant money that could be used to assist with the costs. He advised members that the paging units costs approximately $600 each, which includes a four (4) year warranty. Responding to Mr. Hogan, Mr. DePrima indicated that the Electric Department is determining the costs, locations, and connections for the “Blue Light” emergency notification system. Since this is a strategic task for the Electric Department, members will begin to be provided with updates in the monthly reports.

CITY COUNCIL MEETING OF AUGUST 8, 2005 PAGE 6 Mr. Hogan moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Carey and unanimously carried. MONTHLY BUDGET REPORT - JUNE 2005 By consent agenda, Mr. Carey moved for acceptance of the Monthly Budget Report for June 2005, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Pitts absent). EVALUATION OF BIDS - ELECTRIC REMOTE READ METERS (ANNUAL CONTRACT) In 1999, the City began field testing remote meter reading for electric meters. Several neighborhoods were converted to remote reading in order to evaluate the potential savings in manpower used to read monthly meters. Approximately 30% of the City’s electric customers, consisting of 52 complete residential reading routes, have been converted and are being read from a van driving through the neighborhoods. Members were provided information on a proposal to purchase 3,959 commercial and residential Itron remote read meters to be changed in this fiscal year by the Electric Department. In addition, four (4) hand-held reader/programmers and one (1) six-position docking station (which will cradle the hand devices) would be purchased by Administrative Services to support these meters. Itron leads the industry for remote read meters and has the only product that meets all of Dover’s present and future metering needs. Staff recommended negotiating a sole source contract with Itron to purchase the electric remote read meters, four (4) hand-held reading devices, and one (1) docking station from Itron for $518,280. Mr. Carey moved for approval of staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Pitts absent). REPLACEMENT OF “GREEN SCREEN” HTE WITH NAVILINE VERSION The City’s core software system is a suite of products from HTE, Inc. Several years ago, HTE, Inc. began to develop a new Windows based suite, NaviLine, which uses familiar mouse functionality and windowed presentation that makes it easier and faster to get the information needed by employees to make everyday business decisions. Members were advised that the NaviLine purchase, in the amount of $56,940, is one component of the project and that the remaining components would be submitted to Council for approval in accordance with the Purchasing Policy. This is a sole vendor situation since HTE, Inc. is the developer and sole contact for sales of this software suite. Staff recommended awarding the contract to HTE, Inc., in the amount of $56,940. Mr. Hogan moved for approval of staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Pitts absent).

CITY COUNCIL MEETING OF AUGUST 8, 2005 PAGE 7 PUNCHEON RUN PUMPING STATION UPGRADE - ENGINEERING SERVICES AGREEMENT (CONSTRUCTION) During their Regular Meeting of June 13, 2005, City Council awarded a contract, in the amount of $951,290, to C&D Contractors, Inc. to construct the Puncheon Run Pump Station Upgrade. Whitman, Requardt & Associates was the design engineer for the project. Staff requested that they provide construction phase services to include submittal review, attendance at pre-construction and monthly progress meetings, final inspection and punch list development, technical clarifications and supplemental construction observation services, if necessary. The lump sum fees submitted by Whitman, Requardt & Associates, are as follows: Submittal Review $23,050 Pre-construction & Monthly Progress Meeting Attendance $ 8,050 Final Inspection & Punch List Development $ 6,690 Technical Clarifications $13,240 TOTAL $51,030 Supplemental Construction Observation Services will be provided at a rate of $95 per hour, if necessary. Staff recommended awarding the engineering services agreement to Whitman, Requardt and Associates in the amount of $51,030 for construction phase services to assist City staff with the inspection and construction management associated with the Puncheon Run Pump Station Upgrade. REAPPOINTMENTS - MAYOR SPEED Mayor Speed presented the following reappointments for Council confirmation: Board of Adjustments - Arthur G. Ericson (Three Year Term to Expire July 2008) By consent agenda, Mr. Carey moved for confirmation of the appointment of Mr. Arthur G. Ericson to the Board of Adjustment for a three year term to expire July 2008, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Pitts absent). Dover Housing Authority - Beverly C. Williams (Six Year Term to Expire August 2011) Mr. Ritter questioned if there was a conflict of interest with Council President Williams serving on the Dover Housing Authority due to her association with Aid in Dover and the acquisition of CDBG funds a few years ago. He requested that Mayor Speed reconsider this appointment and have someone other than Council President Williams serve the six (6) year term. Mayor Speed advised members that one of the most difficult tasks he has encountered since becoming Mayor is to find willing and qualified individuals to serve the City in such a capacity, particularly those positions that receive no compensation. It has been his opinion that stability on committees is important; however, he explained that if he had concerns with a committee or its membership, he would not hesitate to replace individuals. This is not the case with the Dover Housing Authority. It is a well managed organization, has a good working relationship with the City, the Dover community, the partnership with the Senator Carper initiative, etc. In addition, when he noted that when Mrs. Williams became a member of City Council, the City Solicitor had provided a legal opinion indicating that there was no conflict of interest with her continuing to serve on the

CITY COUNCIL MEETING OF AUGUST 8, 2005 PAGE 8 Dover Housing Authority since she received no compensation. Therefore, he would not change his recommendation. Mr. Carey moved for confirmation of the appointment of Mrs. Beverly C. Williams to the Dover Housing Authority for a six year term to expire August 2011, seconded by Mr. Salters and carried by a roll call vote of seven (7) yes, one (1) no (Mr. Ritter) and one (1) absent (Mr. Pitts). Ethics Commission - Robert Bunnell (Five Year Term to Expire July 2010) By consent agenda, Mr. Carey moved for confirmation of the appointment of Mr. Robert Bunnell to the Ethics Commission for a five year term to expire July 2010, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Pitts absent). Historic District Commission - C. Terry Jackson, Resident Representative (Three Year Term to Expire July 2008) and James D. McNair, II, Professional Representative (Three Year Term to Expire July 2008) By consent agenda, Mr. Carey moved for confirmation of the appointments of Mr. C. Terry Jackson, Resident Representative to the Historic District Commission for a three year term to expire July 2008 and Mr. James D. McNair, II, Professional Representative to the Historic District Commission for a three year term to expire July 2008. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Pitts absent). Library Advisory Commission - Lois Dunning (Five Year Term to Expire June 2010) By consent agenda, Mr. Carey moved for confirmation of the appointment of Ms. Lois Dunning to the Library Advisory Commission for a five year term to expire June 2010, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Pitts absent). APPOINTMENT OF 2005 AD-HOC CHARTER REVIEW COMMITTEE - COUNCIL PRESENT WILLIAMS Mr. Ritter questioned why members of Council were not provided documentation to consider when reviewing the selection of members to the 2005 Ad-Hoc Charter Review Committee. Mr. Ritter requested that all future appointments include background information prior to being submitted to Council for approval. Responding, Council President Williams explained that the Resolution establishing the committee does not require Council confirmation of the appointments and that it was placed on the agenda as a courtesy. Mr. Ritter noted that Mr. Leary has been selected to serve as Chairman of the committee and relayed concern since he currently serves as the Chairman of the Election Board. Some members recollected that Mr. Leary indicated he was going to resign from the Election Board. Council President Williams indicated that she would look into the intentions of Mr. Leary and advise members accordingly.

CITY COUNCIL MEETING OF AUGUST 8, 2005 PAGE 9 Mr. Ritter also felt that it would be important to provide this Committee with copies of those reports provided to the City by previous Charter Review Committees. Mr. Hogan moved for acceptance of the Appointments of the 2005 Ad-Hoc Charter Review Committee as presented by Council President Williams, seconded by Mr. Salters and unanimously carried. FINAL READING - PROPOSED ORDINANCES The First Reading of the following proposed ordinances was accomplished during the Council Meeting of July 25, 2005. Chapter 102 - Taxation, Article III - Realty Transfer Tax, Section 102-71 - Definitions, Paragraph (a)(3) Mr. Salters moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Carey and unanimously carried. Mr. Salters moved for adoption of the following ordinance, seconded by Mr. Hogan and carried by a unanimous roll call vote (Mr. Pitts absent): BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 102 - Taxation, Article III - Realty Transfer Tax, Section 102-71 - Definitions, of the Dover Code be amended by adding the following to the end of Paragraph (a)(3): The first time homebuyer exemption shall apply to the Seller of property that qualifies for the first time buyer exemption but only for property situated in the area from Mary Street to Loockerman Street and Governors Avenue to West Street. This homebuyer’s exemption for the seller is to be effective from the date of adoption to August 1, 2010. Council shall have the right to deny this exemption to any property owner where the sale and purchase appears to be done fraudulently to take advantage of the realty transfer tax exemption ordinance. ADOPTED: AUGUST 8, 2005 Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, Section 102-111 - Purpose and Section 102-113 - Qualifications, Paragraph (d) Mr. Salters moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. Carey and unanimously carried. Mr. Carey moved for adoption of the following ordinance, seconded by Mr. Salters and carried by a unanimous roll call vote (Mr. Pitts absent):

CITY COUNCIL MEETING OF AUGUST 8, 2005 PAGE 10 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, Section 102-111 - Purpose, of the Dover Code be amended by adding a new paragraph to read as follows: In the opinion of council of the City of Dover, the abatement of City Real Estate Taxes for certain qualifying homeowners in certain designated areas of the City, thus promotes the public welfare by providing incentives for these homeowners to purchase residences and locate in these areas in the City of Dover. ADOPTED: AUGUST 8, 2005 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 102 - Taxation, Article IV - Abatement of Real Estate Taxes, Section 102-113 - Qualifications, of the Dover Code be amended by adding a new paragraph (d), to read as follows: (d) Any persons purchasing residential real property in which they will reside within the area defined as Mary Street to Loockerman Street and Governors Avenue to West Street during the effective date of this section shall be given tax relief from the payment of real estate taxes in the following manner: first year of ownership, total tax abatement; second year of ownership, seventy-five percent (75%) tax abatement; third year of ownership, fifty percent (50%) tax abatement; fourth year of ownership, twenty-five percent (25%) tax abatement; fifth year of ownership, no tax abatement. Provided however that the homeowner is required to occupy the home as their principal place of residence during the entire time that the taxes are abated and if the property ceases to be their principal place of residence at any time during the four-year period of abatement, then they shall lose their right of abatement and shall be required to pay immediately, all taxes abated up to the time that the home ceases to be their principal residence. In order to obtain the tax abatement, the homeowner must make application by affidavit submitted to the City Clerk showing qualification for the abatement and each year thereafter, submit a similar affidavit showing their continued right to the abatement. If qualification for the abatement ceases within the four-year period of abatement the homeowner is required to notify the City Clerk of the lack of qualification for the abatement and within ninety (90) days from the date the qualification ceases, pay all taxes abated in the past. In order to be eligible for this program, application must be received by the City of Dover prior to August 1, 2010. ADOPTED: AUGUST 8, 2005 COUNCIL MEMBERS COMMENTS Mr. Ritter advised members that he had requested the salary increases for the past three (3) years for non-bargaining employees and that, after reviewing the material, it was his feeling that the Pay for Performance is not working and that the amount of salary increases are much more than the cost of

CITY COUNCIL MEETING OF AUGUST 8, 2005 PAGE 11 living. Having citizens contact him regarding their concerns of higher fees and taxes, if Council does not take certain steps to rectify this problem, the City may be faced with serious debt issues. Mr. Slavin relayed his best wishes to fellow Councilman Pitts for a speedy recovery. Mr. Slavin moved for adjournment, seconded by Mr. Carey and unanimously carried. Meeting Adjourned at 8:53 P.M. JANICE C. GREEN CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of August 8, 2005, are hereby approved. STEPHEN R. SPEED MAYOR /JG S:\ClerksOffice\Agendas&Minutes\Council-Minutes\2005\08-08-2005 Council.wpd Exhibits Attached to Original Minutes and File Copy Exhibit #1 - Dr. Nagarajan Statement Read into the Record Exhibit #2 - Brown W ater Update Power Point Presentation Exhibit #3 - Petition to Amend the Zoning District for 487 S. Queen Street

PREPARED BY: TAX MAP PARCEL NO. City of Dover ED-00-067.17-01-06.00-000 PO Box 475 ED-00-076.06-01-02.00-000 Dover, DE 19903-0475 ED-00-076.06.01-01.00-000 MAYOR AND COUNCIL A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER. WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover: PARCEL #1 - ED-00-067.17-01-06.00-000 ALL that certain lot, piece, or parcel of land situated in a subdivision known as ESTHER AND MORRIS ZURKOW, East Dover Hundred, Kent County, Delaware, being the major portion of lot(s) #40 through #46, inclusive, which said lot(s) are as shown in their entirety on a plan recorded in plot book #5 page #42, the lot herein described being more recently shown on a plan of ELLIOTT SURVEYING dated 6/25/04, said Elliott Surveying plan being an integral part hereof, said lot lying at the Northwesterly corner of the intersection of County Road #104, Kenton Road (60 feet wide), and Fox Hall Drive (50 feet wide), and being bounded as follows: on the North by lands now or late of Charles R. Cherry, being lot #2 of a subdivision known as “Lands of Clute Bros” as recorded in plot book #2, page #31, on the East by Road #104, on the South by Fox Hall Drive, and on the West by the residue of the said lot(s) #40 through #46, inclusive, being lands now or late of Harold R. and Mary Lou Campbell; being more particularly described as follows: BEGINNING at the above noted intersection, said point also being the point of commencement; thence proceeding from the said point of beginning, with the

ANNEXATION RESOLUTION - PROPERTY LOCATED ON THE NORTHWEST CORNER OF KENTON ROAD AND FOX HALL DRIVE AND ON THE SOUTH SIDE OF FOX HALL DRIVE ADJACENT TO KENTON ROAD PAGE 2 Northerly side of Fox Hall Drive, South 67 deg. 05 min. 00 sec. West 181.88 feet to a found iron pipe, a corner for lands of the said Campbell, thence with the same the following two (2) courses and distances: (1) North 39 deg. 21 min. 00 sec. West 208.52 feet, thence, (2) North 48 deg. 33 min. 20 sec. West 130.35 feet, measured in part with the below noted proposed street, to a point in line of lands of the said Cherry, said point being located South 48 deg. 33 min. 20 sec. East 0.52 feet from a found iron pipe, thence with line of lands of the said Cherry, along the Northerly side of a proposed Street (60 feet wide), which said proposed Street is as depicted on the above noted “Clute Bros” record plan, North 50 deg. 52 min. 36 sec. East 172.72 feet to a point on the Westerly side of Road #104, thence with the same, along the Easterly side of a 4.448 foot wide permanent easement of the Department of Transportation of the State of Delaware, by the arc of a circle curving to the right (R = 1,607.008 feet) a distance of 389.57 feet (delta = 13 deg. 53 min. 23 sec.) to a point, the point of beginning. Containing within said metes and bounds 1.4521 acres of land, more or less. PARCEL #2 - ED-00-076.06-01-02.00-000 ALL that certain lot, piece or parcel of land with the improvements thereon erected, situated in East Dover Hundred, Kent County, State of Delaware, lying at the southwest intersection of Fox Hall Drive and County Road #104 which leads from Dover to Kenton, being bounded on the north by Fox Hall Drive, on the east by County Road #104, on the south by lands of Carl B. Henrichson and by lands of Dover Country Club and on the west by other lands now or formerly of Morris L. Zurkow and being more particularly described as follows, to-wit: Beginning at the intersection of the south line of Fox Hall Drive with the west line of County Road #104; thence running with the west line of County Road #104 in a southerly direction with a curve to the right, the chord of which bears South twenty- eight (28) degrees fifty-seven (57) minutes East two hundred sixty-two and seventeen one-hundredths (262.17) feet to a point in the west line of County Road #104 at a corner for this lot and for lands of Henrichson; thence running with lands of Henrichson on the two following courses: (1) South sixty-nine (69) degrees six (6) minutes West two hundred (200) feet; thence (2) South twenty-two (22) degrees five (5) minutes East one hundred (100) feet to a corner for this lot and for lands of Henrichson in line of lands of Dover Country Club; thence running with lands of Dover Country Club South sixty-nine (69) degrees six (6) minutes West fifty-six and forty-three one-hundredths (56.43) feet to a point in line of lands of Dover Country Club at a corner for this lot and for other lands now or formerly of Morris L. Zurkow; thence running with other lands now or formerly of said Zurkow North twenty-two (22) degrees fifty-two (52) minutes West three hundred fifty-one and sixty-eight one-hundredths (351.68) feet to a corner for this lot and for other lands now or formerly of said Zurkow in the south line of Fox Hall Drive; thence running with the south line of Fox Hall Drive North sixty-seven (67) degrees five (5) minutes East two hundred twenty-nine and eighty-five one-hundredths (229.85) feet to the

ANNEXATION RESOLUTION - PROPERTY LOCATED ON THE NORTHWEST CORNER OF KENTON ROAD AND FOX HALL DRIVE AND ON THE SOUTH SIDE OF FOX HALL DRIVE ADJACENT TO KENTON ROAD PAGE 3 place of beginning and containing one and fifty-six one-hundredths (1.56) acre of land, be the same more or less; Together with the free and uninterrupted use in common with others of a fifty (50) foot roadway running eastward to State Route #104 separating this parcel from lands of Marvin Berman and others and more particularly described on the east by the Cheeseman lands as recorded in Plot Book 4, Page 7. SUBJECT to the existing restrictions of record. PARCEL #3 - ED-00-076.06.01-01.00-000 ALL that certain lot, piece or parcel of land with the improvements thereon erected, situated in East Dover Hundred, Kent County, State of Delaware, lying on the south side of Fox Hall Drive, a short distance west of County Road #104 which leads from Delaware Route #8 toward Kenton, being bounded on the north by Fox Hall Drive, on the east by lands now or formerly of Frederick J. Seufert, lands now or formerly of Morris L. Zurkow, on the south by lands nor or formerly of Dover Country Club and on the west by lands now or formerly of Robert J. Zurkow, et ux, and being more particularly described as follows, to-wit: BEGINNING at a point in the south line of Fox Hall Drive at a corner for this parcel and for lands of aforeseaid Seufert, said point of beginning being South sixty-seven (67) degrees five (5) minutes West of and two hundred twenty-nine and eighty-five one-hundredths (229.85) feet from the intersection of the south line of Fox Hall Drive with the west line of County Road #104; thence running from said point of beginning with lands of aforesaid Seufert South twenty-two (22) degrees fifty-two (52) minutes East three Hundred fifty-one and sixty-eight one-hundredths (351.68) feet to a corner for this parcel and for lands of aforesaid Seufert in line of Dover Country Club; thence running with lands of Dover Country Club South sixty-nine degrees six (6) minutes West one hundred sixty and fifty-seven one-hundredths (160.57) feet to a point in line of lands of Dover Country Club at a corner for this parcel and for other lands of aforesaid Zurkow; thence running with other lands of aforesaid Zurkow north twenty-six (26) degrees twenty-five (25) minutes West three hundred thirty-six (336) feet to a corner for this parcel and for other lands of aforesaid Zurkow in the south line of Fox Hall Drive; thence running with the south line of Fox Hall Drive on the following two courses: (1) in an easterly direction with a five hundred seventy-three and seven tenths (573.7) feet radius curve to the right, and arc distance of one hundred ten (110) feet; thence (2) North sixty-seven (67) degrees five (5) minutes East seventy and fifteen one-hundredths (70.15) feet to the place of beinning and containing one and thirty-four one-hundredths (1.34) acre of land, be the same more or less. AND BEING the same lands and premises conveyed unto Robert J. Zurkow and Frances Zurkow, his wife, by deed of Morris L. Zurkow, widower, dated January 3,

ANNEXATION RESOLUTION - PROPERTY LOCATED ON THE NORTHWEST CORNER OF KENTON ROAD AND FOX HALL DRIVE AND ON THE SOUTH SIDE OF FOX HALL DRIVE ADJACENT TO KENTON ROAD PAGE 4 1972, and of record in the office of the Recorder of Deeds in and for Kent County, Delaware, in Deed book O, Vol. 27, page 5. The aforesaid Robert J. Zurkow having since departed this life, leaving to survive him, his wife, Frances Zurkow, who thereupon became seized of the above-described lands and premises, in fee. 2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover. 3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County. 4. That the effective date of this resolution shall be the 23rd day of August, 2005 at 12:01 a.m. o'clock. ADOPTED: * S:\ClerksOffice\Annexations\Annex-2005\98 Foxhall Drive\Approval Resolution for Packets.wpd STEPHEN R. SPEED MAYOR BEVERLY C. WILLIAMS COUNCIL PRESIDENT

PETITION TO ANNEX AND ZONE PROPERTY Before The Dover City Council August 22, 2005 Owner: Mr. Clifton Hutton and Mrs. Marie Hutton Equitable Owner: Mary Shorter, 1890 Brenford Road, Dover, DE 19904 Location: Kenton Road and Fox Hall Drive, northwest corner and southwest corner Including Address: 98 Fox Hall Drive Tax Map #: ED-05-067.17-01-06.00; ED-00-076.06-01-01.00; and ED-00-076.06-01-02.00 Size: 1.45 Acres +/-; 1.34 acres +/-; 1.6 acres +/- TOTAL 4.39 acres +/- County Zoning: RS-1 – Single Family Residential Proposed Zoning (on application): RG-3 - Group Housing Zone Zoning Recommended by Staff and Planning Commission: RM-1 (Medium Density Residence Zone) Present Use: Vacant land North of Fox Hall Dr., Hutton residence and out buildings South of Fox Hall Drive Proposed Use: Residential Townhouses Sanitary Facilities: City of Dover Water Supply: City of Dover File Number: AX-05-01

Findings and Recommendations of the Dover Planning Commission And Annexation Report Information The Planning Commission at its meeting of Monday, July 18, 2005 considered this petition. The following members were present: Chairman Friedman, Mr. Nichols, Mr. Benton, Mr. Tolbert, Mr. Holt, Mr. DiMondi, and Mr. Von Reider. The Planning Commission recommends that this request for annexation be approved and that the three properties totaling 4.39 acres known as Lands of Clifton and Marie Hutton be zoned RM-1 (Medium Density Residence Zone). The motion for approval passed 7-0 of the members present. The Planning Commission recommendation recognizes the comments compiled as part of the Development Advisory Committee (DAC) report. In taking this position, the Commission considered the following points: The subject annexation area consists of multiple parcels of land totaling 4.39 acres +/-. The property is located on the northwest and southwest corners of Kenton Road and Fox Hall Drive. The Kent County zoning for the properties is RS-1 (Single Family Residential Zone). The proposed zoning classification (as noted on application) upon annexation is RG-3 (Group Housing Zone). One of the parcels was the subject of a previous annexation request with CPO Office Zoning. The request was ultimately denied. The Planning Commission reviews the annexation/rezoning application and makes a recommendation to City Council regarding the rezoning. The survey of the property documents only the several former parcels that were previously combined into one parcel on the northwest Subject Parcels corner and the two parcels the Hutton’s currently use on the southwest corner. There proposed use if townhouses on the vacant site and potential townhouse development in the future on the properties the Hutton’s use. Mary Shorter is the equitable owner. Zoning Map This ultimate development is subject to the requirements of the Land Subdivision Regulations and Zoning Ordinance which includes future application and review by the Planning Commission. Surrounding Land Uses: The properties to the immediate west and north are along Fox Hall Drive or Kenton Road and are under the jurisdiction of Kent County. Further to the north is the beginning of Fox Hall West (R-8 Single Family Residential zone). East of the subject annexation area is the Kent Pool Club (zoned

AX-05-01 Lands of Clifton and Marie Hutton Planning Commission Recommendation Report to City Council for August 22, 2005 Page 3 of 7 R10 Single Family Residential) and northwest if Robbins Hose Company Station 2 (zoned IO Institutional Office). To the immediate south are residential properties in the City of Dover zoned RG-2 and RG-3 General Residential zones). Annexation Goals and Policies: The Annexation Plan dating to September, 2003 identified the subject property as a Category 1 property, an Enclave surrounded by properties within the City. The City is interested in annexing such properties to eliminate the enclave and provide seamless services to the residents of the area. The City is aware that many residents of Fox Hall Drive have not been interested in annexing into the City. The applicant has discussed this with the property owners immediately adjacent to their property and confirmed their disinterest. Comprehensive Planning: The City of Dover 1996 Comprehensive Plan did not reflect an anticipated land use for the subject property on the Land Use Plan Map. The Map focused only on the lands within the boundaries of the City of Dover at that time. The Kent County 2002 Comprehensive Plan Update recommends that this property be utilized for Medium Density Residential development (3 to 5.8 dwelling units per acre). The property is located within the Kent County Growth Overlay Zone. The Land Subdivision Regulations adopted in June 2003 must be consulted for the subdivision development requirements for lands under the jurisdiction of Kent County. The 1999 Strategies for State Policies and Spending includes this annexation area predominately as Investment Level 1. The City of Dover Comprehensive Plan Update 2003 was adopted by the Planning Commission on September 16, 2003 and adopted by the City Council on September 22, 2003. The Plan Update was certified by the State in accordance with Delaware Code on October 2, 2003. The City of 2003 Growth & Annexation Plan Map Dover Comprehensive Plan Update 2003 includes a chapter (Chapter 12) and plan map addressing annexation. It identifies these properties as a Category 1 – Lands Identified for Annexation. The general land use of Residential is also indicated. It is noted that Category 1 areas are intended to be annexed by the City within the five year period of the Comprehensive Plan. The suggested use for the property is R-Residential with no density quantification attached. The Comprehensive Plan Update 2003 notes that additional analysis is to be completed regarding a

AX-05-01 Lands of Clifton and Marie Hutton Planning Commission Recommendation Report to City Council for August 22, 2005 Page 4 of 7 detailed study of the City service capacities, City utility capacities, and population growth projections. An Annexation Plan Study has been completed by the consultant, Kise Straw & Kolodner. The entire enclave of Fox Hall Drive would be a financial benefit to the City of Dover. The addition of the three lots would ultimately provide positive impact according to the Cost Revenue Analysis. Request for RG-3 Zoning: The types of permitted uses for RG-3 are outlined in Article 3 §3 (Group Housing Zone). Within the RG-3 zoning, uses allowed are: 3.11 Any use permitted in One-Family Residence Zones. The raising of field and garden crops, vineyards and orchard farming, the maintenance of nurseries, and the seasonal sale of the products thereof; 1.12 One-family detached dwellings, not to exceed one such dwelling per lot. 1.13 Public buildings, structures and uses, including parks and playgrounds; 1.14 The following uses are permitted, conditional upon the approval of the planning commission; (a) Places of worship, including parish houses; schools, including nursery schools, kindergartens and day care centers; (b) Railroad and public utility, rights-of-way and structures necessary to serve areas within the city; (c) Country clubs or other annual membership clubs, catering exclusively to members and their guest, and accessory private playgrounds, golf courses, swimming pools, tennis courts and recreation buildings not conducted as business enterprises; 1.15 Accessory uses, limited to the following: (a) Professional office or studio of an artist, dentist, musician, teacher, or physician, but not including veterinarians; (b) Garden house, tool house, playhouse, greenhouse or pool incidental to the residential use of the premises and not operated for gain; (c) Private garage; (d) Keeping domestic animals (except pigs) for individual domestic purposes or as pets; (e) (Reserved.) (Ord. of 7-10-00) (f) Dormitories accessory to schools; (g) Customary home occupations. 3.12 One-family group dwellings such as town houses and row houses... Recommendation of the Planning Staff: The Planning Staff recommends that the subject property be annexed into the City of Dover and that the subject property be zoned RM-1 (Medium Density Residence Zone) upon annexation. In reviewing applicable sections of the City of Dover Comprehensive Plan 2003 as described above, Staff notes that the property is identified as an area for immediate annexation. City services (water, sewer, electric) are available on the property. The applicant’s proposed zoning classification is similar to those to the south of the property, but significantly more dense that the properties to the north and west. The RG-3 zone has not typically been used since the RM-1 and RM-2 zones were created. The RM-1 zone allows the following: (a) Any use permitted in One-Family Residence Zones; (b) One-family lot-line dwellings, not to exceed one such dwelling per lot; (c) Duplex dwellings; (d) Multiplex dwellings; (e) Townhouses; (f) Rooming houses accommodating not more than five (5) roomers. The primary difference between the RG-3 and the RM-1 zone are the bulk requirements. For

AX-05-01 Lands of Clifton and Marie Hutton Planning Commission Recommendation Report to City Council for August 22, 2005 Page 5 of 7 townhouses, the substantive differences are: Zone RG-3 RM-1 Lot Area 1800 SF 3000 SF Lot Width 18 ft 22 ft Lot Depth 100 ft 110 ft Side Yard minimum 15 10 Both side yards - 30 Off Street Parking Spaces 1/DU 2/DU Maximum Height stories 3 3 Feet 35 ft 35 ft As part of the municipal annexation process a Plan of Services for the property must be completed in accordance with Delaware Code Title 22 §101. This Plan of Services must be completed for review and acceptance prior to final legislative action on the annexation. A Plan of Services indicates the services that the City expects to provide to the annexed area and how the services will be provided. The Department of Planning and Inspections is currently working with other City Departments to complete this task for submittal to the Office of State Planning Coordination for review and approval. Public Comments: The application was represented by Clifton Hutton, property owner. No members of the public appeared and spoke in regards to the annexation/rezoning application. Agency Comments from DAC Report: • Department of Public Works has no objection to the annexation. The Department provided advisory comments in regards to utility infrastructure as related to the properties. Advisory Comments to the Applicant: 1. The Planning Commission recommendation pertaining to the annexation and concurrent rezoning of the property is the first step of the annexation process. The process also includes consideration by City Council, an annexation election, and formal resolution to annex the property in to the City of Dover. The annexation process is outlined in the City Charter. 2. The City Council will take action to refer this annexation application to the Planning Commission for review on July 11, 2005. The following dates were also established for the consideration of this annexation application: Utility Committee took place on June 27, 2005; annexation election and City Council Public Hearing dates to be voted upon by City Council on July 11. 3. A Cost/Revenue analysis will be completed for this annexation area. 4. The City of Dover is completing the Plan of Services documentation for submittal to the Office of State Planning Coordination. Final legislative action to annex the property into the City of Dover will not occur until the Plan of Services is accepted.

AX-05-01 Lands of Clifton and Marie Hutton Planning Commission Recommendation Report to City Council for August 22, 2005 Page 6 of 7 5. The applicant shall be aware that approval of the Annexation (and Rezoning) does not represent Subdivision or Site Plan approval. A separate application process for Subdivision or Site Plan approval is required for the development of this property. During that process, a complete review of the development for code compliance will be completed. Attachments to the Report: • Development Advisory Committee Application Review Commentary (comment sheets) from the following: Department of Public Works • Property Location Map

C CITY OF DOVER I P T U DEVELOPMENT ADVISORY COMMITTEE Y B L APPLICATION REVIEW COMMENTARY O I F C STAFF D.A.C. MEETING DATE: June 30, 2005 D W ===================================================================== O O V R APPLICATION: Lands of Clifton and Marie Hutton (3 parcels) E K R S FILE#: AX-05-01 REVIEWING AGENCY: City of Dover Public Works CONTACT PERSON: Andrew Riggi, P.E. PHONE#: 736-7025 =========================================================================== = THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Our office has no objection to the annexation of tax parcels ED-00-067.17-01-06.00-000, ED-00-076.06-01- 02.00-000, and ED-00-076.06-01-01.00-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: 1. None ADVISORY COMMENTS TO THE APPLICANT: 1. All public utility mains which may encroach or traverse this property must be shown on the site as located within a public utility easement. The City of Dover has constructed water & sewer mains along Kenton Road and Fox Hall Drive. These mains will provide utility service to the property once developed. 2. The City of Dover Department of Public Works owns and maintains a public water distribution system and sanitary sewer collection system within Fox Hall Drive and Kenton Road. These utilities are available to serve the above referenced properties. The owner/developer is responsible for all costs and impact fees associated with connecting and extending sanitary sewer and water service to serve the properties. The City of Dover Public Works Department also reserves the right, at the time the properties are redeveloped, to require payment for or for improvements to be performed by the owner/developer of the property for any downstream capacity upgrades deemed necessary by our office. IF YOU HAVE ANY QUESTIONS OR NEED TO DISCUSS ANY OF THE ABOVE COMMENTS, PLEASE CALL THE ABOVE CONTACT PERSON AND THE PLANNING DEPARTMENT AS SOON AS POSSIBLE.

Lands of Clifton and Marie Hutton (3 parcels) Plan of Services Submission Form For Municipal Annexation Please Submit a Plan of Services to the Office of State Planning Coordination pursuant to §101 of Title 22, Delaware Code for review and acceptance prior final legislative action on municipal annexation. The plan services shall be conducted in accordance to standards or criteria set by the Cabinet Committee on State Planning Issues. 1. Basic Data 1.1. Municipality Name: City of Dover 1.2. Municipal Office Address: P.O. Box 475, Dover, Delaware, 19903 or 15 East Loockerman Street, Dover, Delaware, 19901 1.3. Municipal Office Phone Number: Public Works: (302) 736-7025, Planning: (302) 736-7010 1.4. Name of Municipal Contact: Public Works: Scott D. Koenig, P.E., Director Planning: Jim Galvin Jr. AICP, Director of Planning & Inspections or Dawn E. Melson, AICP, Senior Planner 1.5. Property Name/Description: Lands of Clifton and Marie Hutton (3 parcels) 1.6. Name/Address of Petitioner: Owner: Clifton and Marie Hutton, 98 Fox Hall Drive Dover, DE 19904 1.7. Tax Parcel Identification Numbers: ED-00-067.17-01-06.00-000, ED-00-076.06-01- 02.00-000, and ED-00-076.06-01-01.00-000 1.8. Property Address: Parcel 1: Northwest corner of Fox Hall Drive and Kenton Road, Parcels 2 and 3: South side of Fox Hall Drive adjacent to Kenton Road. 1.9. Acreage: 1.451 +/- acres, 1.56 acres, 1.34 acres Total: 4.351 acres 1.10. Locator Map (attach map): See Attachment A 1.11. Concept Plan (if applicable): N/A Upon annexation any site development must be in compliance with the City of Dover Land Subdivision Regulations and the Zoning Ordinance. 2. Municipal Services 2.1 Please list the services your municipality provides:

Plan of Services for AX-05-01 Lands of Clifton and Marie Hutton (3 parcels) Northwest corner of Fox Hall Drive and Kenton Road, South side of Fox Hall Drive Page 2 of 6 Sewer _X__ Water _X__ Trash _X__ Police/Public Safety _X__ Fire _X__ Electric _X__ Streets _X__ Street Lighting _X__ Storm Drainage _X__ Other _Internet, Library, and Parks & Recreation facilities and programs 3. Planning Information 3.1. Developed Prior to annexation? __X__ Yes __X__ No (If yes, describe). Existing residence on one parcel. One parcel previously utilized as a horse pasture. Redevelopment of the properties for residential use is anticipated. 3.2. Is property within the Municipal Annexation Plan? __X__ Yes ____ No 3.3. How is the parcel depicted on the Municipal Annexation Plan? __X__ Annexation Area _____ Short Term Annexation Area ____ Long Term Annexation Area _____ Area of Concern ____ Other (Explain):_______________________________________ 3.4. What is the land use designation on the Municipal Annexation Plan? __X__ Residential ____ Commercial ____ Industrial ____ Institutional or Community ____ Open Space ____ Other 3.5. Current Use: Vacant Land and existing residence Proposed Use: Residential townhouses Current Zoning in County: RS-1 Single Family Residential Proposed Zoning: Applicant request RG-3 (Group Housing Zone), Staff and Planning Commission recommendation of RM-1 (Medium Density Residence Zone) Allowable Density under zoning: The RG-3 zone includes a minimum lot size depending on the housing unit type ranging from 1,800 S.F. to 7,500 S.F. per lot. The RM-1 maximum density is six (6) dwelling units per acre. 2

Plan of Services for AX-05-01 Lands of Clifton and Marie Hutton (3 parcels) Northwest corner of Fox Hall Drive and Kenton Road, South side of Fox Hall Drive Page 3 of 6 3.6 Public Water? __X_Yes, available in vicinity Planned within 10 years ____ No 3.7 Public Sewer?__X__ Yes, available in vicinity Planned within 10 years ____ No 4. Public Service Information (Please include name and address if different from municipality) Water System: 4.1 Name and address of water provider: City of Dover, P.O. Box 475, Dover, Delaware 19903. 4.2 Date of most recent water facilities plan: Last approved plan was completed in 1985 by Whitman, Requardt & Associates. The Department of Public Works has an active engineering services agreement with Whitman, Requardt & Associates to update the City of Dover’s Water System Master Plan (2005-2025). This update will be complete in September 2005. 4.3 Please attach a copy of the relevant sections of the water facilities plan. See the 1985 Water Facilities Plan. See also Attachment B. Attachment B is the Comprehensive Plan Update 2003 – Chapter 7 Public Utilities and Community Infrastructure Plan. The City of Dover owns and maintains water transmission mains along the frontage of this property. 4.4 If there is no water facilities plan, please describe the method the water provider uses to determine system capacities, water allocations, and capital expenditures for needed expansions. N/A 4.5 Current system capacity (maximum without capital expenditures): 10 MGD permitted capacity 4.6 Current average water usage: 5 MGD (Winter average), 9 MGD (Summer maximum) 4.7 DNREC Permit allocation: 10 MGD (Max. Withdrawal) DNREC Permit # (23 Different Permits) 4.8 Estimated future water demand inside current municipal boundaries: 7 MGD (Winter average), 10 MGD (Summer maximum) 4.9 Estimated water needed for proposed annexation area: 7,500 gallons per day (GPD). 4.10 Please attach a letter from the water service provider indicating that water service can be provided to the annexation area. The City of Dover Director of Public Works by submission of this plan of services has determined there will be adequate water supply to serve the proposed annexation. Wastewater System: 4.11 Name and address of wastewater service provider: City of Dover, P.O. Box 475, Dover, Delaware, 19903. 4.12 Name and address of wastewater treatment operator, if different: Kent County, Department of Public Works, 555 Bay Road, Dover, Delaware, 19901 4.13 Date of most recent wastewater facilities plan: 1999, All pump stations and sanitary sewer interceptors were analyzed. In addition, the gravity sewer system was mapped using AutoCAD. 4.14 Please attach a copy of the relevant sections of the wastewater facilities plan. Initial here that the plan has been attached: See Attachment C. Attachment C is the Executive Summary of the Wastewater Facilities Management Plan. Sanitary sewer mains 3

Plan of Services for AX-05-01 Lands of Clifton and Marie Hutton (3 parcels) Northwest corner of Fox Hall Drive and Kenton Road, South side of Fox Hall Drive Page 4 of 6 have been extended along the frontage of this property. The developer’s engineer will be responsible for designing and building infrastructure to connect to the City’s existing system so wastewater can be conveyed to Kent County for treatment. 4.15 If there is no wastewater facilities plan, please describe the method the wastewater provider uses to determine system capacities, water allocations, and capital expenditures for needed expansions. N/A 4.16 Current system treatment capacity (maximum without capital expenditures): All sanitary sewer flows are transmitted to Kent County for treatment. To our knowledge, the Kent County Wastewater Treatment Facility has the available capacity to serve the proposed development of the property. 4.17 Current average wastewater flow: Average daily flow for 2004 was approximately 5.95 MGD 4.18 DNREC Permitted discharge: N/A DNREC Permit # N/A 4.19 Are there TMDL issues or other constraints that would impact the ability of the town to obtain an additional permit allocation from DNREC? N/A 4.20 Estimated future wastewater demand inside current municipal boundaries # of Approved EDUs: Approximately 1,500 – 2,000 E.D.U.s # of Vacant Buildable Acres within existing town: Estimated 6,000 – 8,000 E.D.U.s over 25 years. 4.21 Estimated future wastewater demand for proposed annexation area: 7,500 gallons per day based on projected water usage. 4.22 Please attach a letter from the wastewater service provider and the wastewater treatment operator (if different) indicating that wastewater service can be provided to the annexation area, and that sufficient wastewater treatment capacity exists or is planned to accommodate this annexation area. See Attachment D – Letter from Kent County Department of Public Works re: availability of sewer service. The City of Dover Director of Public Works by submission of this plan of services has determined there will be adequate wastewater service facilities to supply service to the proposed annexation. 4.23. Provider of Electricity: The City of Dover will provide electricity once the property is annexed into the City of Dover and developed. 4.24. Date of Most Recent Update of Electrical Facilities Plan: 1999-2000. 4.25. Describe needed electrical upgrades needed, if any. The City of Dover is planning several electrical system upgrades to increase the reliability of the city’s system. All upgrades to extend distribution service to the property will be the responsibility of the developer. 4.26. If any services are to be provided by another jurisdiction or a public utility regulated by the Delaware Public Service Commission please include written comments of this provider that describe the their ability to provide the necessary services for the proposed annexation. 4.27 Who provides police service to the municipality? What impact will this annexation have on the ability to provide police service to the municipality? (If not municipality in 4

Plan of Services for AX-05-01 Lands of Clifton and Marie Hutton (3 parcels) Northwest corner of Fox Hall Drive and Kenton Road, South side of Fox Hall Drive Page 5 of 6 question, please provide a letter verifying ability to provide police service to newly annexed area): The City of Dover Police Department provides police service to the municipality. 4.28 Who provides fire service to the municipality? What impact will this annexation have on the ability to provide fire service to the municipality? (Please provide a letter verifying ability to provide fire service to newly annexed area): The Robbins Hose Fire Department provides fire service to the municipality. This proposed annexation area currently is part of the fire service area of Robbins Hose Fire Department. 4.29 Who provides EMS services to the municipality? What impact will this annexation have on the ability to provide emergency medical services to the municipality? A private service provider provides ambulance service under contract with the City. 5. Fiscal Analysis 5.1. Does the municipality employ paid staff? __X__ Yes ____No If yes, how many paid staff does the municipality employ? (Give number in FTEs) 376 full-time personnel 5.2. For municipalities that provide services, does the municipality use separate enterprise funds for public services? __X__ Yes, The Water, Sewer, and Electric Utilities are all enterprise funds. ____ No 5.3. Municipal tax rate: $0.33 per hundred dollars of assessed value 5.4. Municipal tax valuation: Properties are assessed at 100% of market value. 5.5. Please include a copy of the municipality’s current fiscal year budget. See Attachment E – “Source and Use of Operating Funds Summary Fiscal Year 2006” chart from the Draft FY2006 budget document. The City of Dover Draft FY2006 Annual Operating Budget is available on-line at www.cityofdover.com. Dover City Council adopted the FY2006 Budget on June 27, 2005 and publication of the Final Budget document (final adopted form) is being prepared. 5.6. Please provide a copy of the municipality’s annexation committee report regarding this annexation. See transmittal cover letter for summary of annexation application review process and the “Petition to Annex and Zone Property” Report. 5

Plan of Services for AX-05-01 Lands of Clifton and Marie Hutton (3 parcels) Northwest corner of Fox Hall Drive and Kenton Road, South side of Fox Hall Drive Page 6 of 6 Certifications: The undersigned certify that the information provided in this form is complete and accurate to the greatest extent practicable. We also certify that all required letters from other utility service providers and jurisdictions are attached. ________________________ (Mayor) ______________________(Director of Public Works) 6

FINAL READING AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED ON THE NORTHWEST CORNER OF KENTON ROAD AND FOXHALL DRIVE AND ON THE SOUTH SIDE OF FOXHALL DRIVE ADJACENT TO KENTON ROAD WHEREAS, the City of Dover 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 permitted use of property described below from RS-1 - Single Family Residential (Kent County Zoning Classification) to RM-1 (Medium Density Residence) (City of Dover Zoning Classification) 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 Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RS-1 (Kent County zoning classification) to RM-1 (Medium Density Residence) (City of Dover Zoning Classification) on that property located on the northwest corner of Kenton Road and Foxhall Drive and on the south side of Foxhall Drive adjacent to Kenton Road, owned by Clifton and Marie Hutton. ADOPTED: * S:\ClerksOffice\Packets\2005\Council Packets\08-22-2005\Fox Hall Rezoning Ordinance - Final Reading.wpd

PREPARED BY: TAX MAP PARCEL NO. City of Dover ED-00-068.19-01-10.00/000 PO Box 475 Dover, DE 19903-0475 MAYOR AND COUNCIL A RESOLUTION APPROVING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER. WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area contiguous to the present City limits, and hereinafter more particularly described within the limits of the City of Dover, and WHEREAS, the Charter of the City of Dover provides that if a majority of the Votes cast in an election held in a territory proposed to be annexed shall be in favor of inclusion of that territory within the limits of the City of Dover, the Council may thereupon adopt a resolution annexing said territory and including same within the limits of the City of Dover. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That the following described area, situated in East Dover Hundred, Kent County, State of Delaware, shall be annexed to and included within the limits of the City of Dover: All that certain lot, piece or parcel of land with the improvements erected thereon, situated in East Dover Hundred, Kent County and State of Delaware, lying on the west side of Nixon Lane and on the east side of Girl Scout Lane (Unopened), a short distance north of North Little Creek Road; being bounded on the east by Nixon Lane; on the south by lands now or late of John T. Taylor; on the west by Girl Scout Lane (Unopened); on the north by lands now or late of Glendon & Elaine D. McDowell and being more particularly described in accordance with a recent survey by Earl D. Smith, Inc., Professional Land Surveyors dated April 18, 2001 as follows to wit: Beginning at a set pipe in the west line of Nixon Lane at a corner for this lot and lands now or late of John T. Taylor; said point of beginning commencing from the intersection of the north right of way line of North Little Creek Road with the west line of Nixon Lane, running in a northwesterly direction with the west line of Nixon Lane a distance of 575.00 feet more or less to the point of beginning; thence running from said point of beginning with lands now or late of John T. Taylor, South 81 deg. 35 min. 00 sec. West 175.00 feet to a set pipe at a corner for this lot and lands now or late of Taylor in the east line of Girl Scout Lane (Unopened); thence running with

ANNEXATION RESOLUTION - 80 NIXON LANE PAGE 2 the east line of Girl Scout Lane (Unopened), North 08 deg. 25 min. 00 sec. West 250.00 feet to a set pipe in the east line of Girl Scout Lane (Unopened) at a corner for this lot and lands now or late of Glendon & Elaine D. McDowell; thence running with said lands now or late of McDowell, North 81 deg. 35 min. 00 sec. East 175.00 feet to a set pipe at a corner for this lot and lands now or late of McDowell in the west line of Nixon Lane; thence running with the west line of Nixon Lane, South 08 deg. 25 min. 00 sec. East 250.00 feet to the point and place of beginning and containing 1.0044 acres of land be the same, more or less. Tax Parcel: ED-00- 068.19-01-10.00-000 2. The above described property shall be annexed into the City of Dover with a zoning classification as set by City Council and in accordance with the zoning map and environs, then in force, effective upon such lands being included within the limits of the City of Dover. 3. That the certified copy of the resolution of annexation, together with a plot of the area annexed, shall be filed for record with the Recorder of Deeds of Kent County. 4. That the effective date of this resolution shall be the 23rd day of August, 2005 at 12:01 a.m. o'clock. ADOPTED: * S:\ClerksOffice\Annexations\Annex-2005\80 Nixon Lane\Approval Resolution - Packets.wpd STEPHEN R. SPEED MAYOR BEVERLY C. WILLIAMS COUNCIL PRESIDENT

PETITION TO ANNEX AND ZONE PROPERTY Before The Dover City Council August 22, 2005 Owner: Ms. Traci A. McDowell and Craig L. Gahm Location: Nixon Lane, just north of North Little Creek Road Address: 80 Nixon Lane Tax Map #: ED-00-068.19-01-10.00-000 Size: 1.0 Acres +/- County Zoning: RS-1 – Single Family Residential Proposed Zoning: R-8- One-Family Residence Zone Present Use: Single Family House and Garage Proposed Use: Single Family House and Garage Sanitary Facilities: City of Dover Water Supply: City of Dover File Number: AX-04-06

Findings and Recommendations of the Dover Planning Commission And Annexation Report Information The Planning Commission at its meeting of Monday, July 18, 2005 considered this petition. The following members were present: Chairman Friedman, Mr. Nichols, Mr. Benton, Mr. Tolbert, Mr. Holt, Mr. DiMondi, and Mr. Von Reider. The Planning Commission recommends that this request for annexation be approved and that the property known as Lands of Traci McDowell and Craig Gahm at 80 Nixon Lane be zoned R-8 (One Family Residence Zone). The motion for approval passed 7-0 of the members present. The Planning Commission recommendation recognizes the comments compiled as part of the Development Advisory Committee (DAC) report. In taking this position, the Commission considered the following points: The subject annexation area consists of a single parcel totaling 1.004 acres +/-. The property is located on the west side of Nixon Lane north of North Little Creek Road. The Kent County zoning for the property is RS-1 (Single Family Residential Zone). The proposed zoning classification upon annexation is R-8 (One-Family Residence Zone). The Planning Commission reviews the annexation/rezoning application and makes a recommendation to City Council regarding the rezoning. The survey of the property documents the single parcel and the adjoining property owners. There proposed use is to retain the one family house in the City of Dover, but with potential subdivision at some time in the future. 2003 Land Development Plan This ultimate development is subject to the requirements of the Land Subdivision Regulations and Zoning Ordinance which includes future application and review by the Planning Commission. Surrounding Land Uses: Subject Parcel The properties to the immediate west and south are residential lots zoned R-8. To the north is Dover Park, zoned R-20 as default zone. To the east are several parcels, both improved and vacant located in the County. Further to the east are Independence village and Acorn Farms, completed residential subdivisions, and Patriot Village and Lexington Glen, two recently approved subdivisions, both zoned residential, but with the potential for different housing types and moderate density. Annexation Goals and Policies: The Annexation Plan dating to September, 2003 identified the subject property as a Category 1 property, an Enclave surrounded by properties within the City. The City is interested in annexing such properties to eliminate the enclave and provide seamless services to the residents of the area. The City is aware that some residents of Nixon and Acorn Lanes have not been interested in

AX-04-06 Lands of Traci A. McDowell and Craig Gahm at 80 Nixon Lane: Planning Commission Recommendation Report to City Council for August 22, 2005 Page 3 of 6 annexing into the City. There are others that have expressed interest and the Department is assessing that interest. Comprehensive Planning: The City of Dover 1996 Comprehensive Plan did not reflect an anticipated land use for the subject property on the Land Use Plan Map. The Map focused only on the lands within the boundaries of the City of Dover at that time. The Kent County 2002 Comprehensive Plan Update recommends that this property be utilized for Medium Density Residential development (3 to 5.8 dwelling units per acre). The property is located within the Kent County Growth Overlay Zone. The Land Subdivision Regulations adopted in June 2003 must be consulted for the subdivision development requirements for lands under the jurisdiction of Kent County. The 1999 Strategies for State Policies and Spending includes this annexation area predominately as Investment Level 1. The City of Dover Comprehensive Plan Update 2003 was adopted by the Planning Commission on September 16, 2003 and adopted by the City Council on September 22, 2003. The Plan Update was certified by the State in accordance with Delaware Code on October 2, 2003. The City of Dover Comprehensive Plan Update 2003 includes a chapter (Chapter 12) and plan map addressing annexation. It identifies these properties as a Category 1 – Lands Identified for Annexation. The general land use of Subject Parcel Residential is also indicated. It is noted that Category 1 areas are intended to be annexed by the City within the five year period of the Comprehensive Plan. The suggested use for the property is R-Residential with no density 2003 Growth and Annexation Plan Map quantification attached. The Comprehensive Plan Update 2003 notes that additional analysis is to be completed regarding a detailed study of the City service capacities, City utility capacities, and population growth projections. An Annexation Plan Study has been completed by the consultant, Kise Straw & Kolodner. The entire enclave of Nixon and Acorn Lanes would be a financial benefit to the City of Dover. The addition of the lot would ultimately provide positive impact according to the Cost Revenue Analysis. Request for R-8 Zoning: The types of permitted uses for R-8 are outlined in Article 3 §1 (One-Family Residence Zone). Within the R-8 zoning, uses allowed are: 1.11 The raising of field and garden crops, vineyards and orchard farming, the maintenance of nurseries, and the seasonal sale of the products thereof;

AX-04-06 Lands of Traci A. McDowell and Craig Gahm at 80 Nixon Lane: Planning Commission Recommendation Report to City Council for August 22, 2005 Page 4 of 6 1.12 One-family detached dwellings, not to exceed one such dwelling per lot. (In this case, the lots would have to include at least 8,000 square feet of land area.) 1.13 Public buildings, structures and uses, including parks and playgrounds; 1.14 The following uses are permitted, conditional upon the approval of the planning commission; (a) Places of worship, including parish houses; schools, including nursery schools, kindergartens and day care centers; (b) Railroad and public utility, rights-of-way and structures necessary to serve areas within the city; (c) Country clubs or other annual membership clubs, catering exclusively to members and their guest, and accessory private playgrounds, golf courses, swimming pools, tennis courts and recreation buildings not conducted as business enterprises; 1.15 Accessory uses, limited to the following: (a) Professional office or studio of an artist, dentist, musician, teacher, or physician, but not including veterinarians; (b) Garden house, tool house, playhouse, greenhouse or pool incidental to the residential use of the premises and not operated for gain; (c) Private garage; (d) Keeping domestic animals (except pigs) for individual domestic purposes or as pets; (e) (Reserved.) (Ord. of 7-10-00) (f) Dormitories accessory to schools; (g) Customary home occupations. Recommendation of the Planning Staff: The Planning Staff recommends that the subject property be annexed into the City of Dover and that the subject property be zoned R-8 (One-Family Residence Zone) upon annexation. In reviewing applicable sections of the City of Dover Comprehensive Plan 2003 as described above, Staff notes that the property is identified as an area for immediate annexation. City services (water, sewer, electric) are available on Subject Parcel the property. The applicant’s proposed zoning classification is similar to those to the west and south of the property. It is more dense than the holding zoning of R-20 for Dover Park. The density allowed by the zoning in the County would be slightly greater than the zoning Zoning Map proposed. As part of the municipal annexation process a Plan of Services for the property must be completed in accordance with Delaware Code Title 22 §101. This Plan of Services must be completed for review and acceptance prior to final legislative action on the annexation. A Plan of Services indicates the services that the City expects to provide to the annexed area and how the services will be provided. The Department of Planning and Inspections is currently working with other City Departments to complete this task for submittal to the Office of State Planning Coordination for review and approval. Public Comments: The application was represented by Traci McDowell, property owner and David Braun, Donovan Associates, the project engineer. No members of the public appeared and spoke in regards to the annexation/rezoning application.

AX-04-06 Lands of Traci A. McDowell and Craig Gahm at 80 Nixon Lane: Planning Commission Recommendation Report to City Council for August 22, 2005 Page 5 of 6 Agency Comments from DAC Report: • Department of Public Works has no objection to the annexation or the proposed zoning classification. Advisory Comments to the Applicant: 1. The Planning Commission recommendation pertaining to the annexation and concurrent rezoning of the property is the first step of the annexation process. The process also includes consideration by City Council, an annexation election, and formal resolution to annex the property in to the City of Dover. The annexation process is outlined in the City Charter. 2. The City Council will take action to refer this annexation application to the Planning Commission for review on July 11, 2005. The following dates were also established for the consideration of this annexation application: Utility Committee took place on June 27, 2005; annexation election and City Council Public Hearing dates will be voted upon by City Council on July 11. 3. A Cost/Revenue analysis will be completed for this annexation area. 4. The City of Dover is completing the Plan of Services documentation for submittal to the Office of State Planning Coordination. Final legislative action to annex the property into the City of Dover will not occur until the Plan of Services is accepted. 5. The applicant shall be aware that approval of the Annexation (and Rezoning) does not represent Subdivision or Site Plan approval. A separate application process for Subdivision or Site Plan approval is required for the development of this property. During that process, a complete review of the development for code compliance will be completed. Attachments to the Report: • Development Advisory Committee Application Review Commentary (comment sheets) from the following: Department of Public Works • Property Map and Location Map

CITY OF DOVER C I P DEVELOPMENT ADVISORY COMMITTEE T U Y B APPLICATION REVIEW COMMENTARY L O I STAFF D.A.C. MEETING DATE: June 30, 2005 F C ===================================================================== D W O O APPLICATION: Lands of Traci A. McDowell and Craig l. Gahm: 80 Nixon Lane V R E K FILE#: AX-04-06 REVIEWING AGENCY: City of Dover Public Works R S CONTACT PERSON: Andrew Riggi, P.E. PHONE#: 736-7025 =========================================================================== = THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Our office has no objection to the proposed annexation or zoning classification of ED-00-068.19-01-10.00- 000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: 1. None. ADVISORY COMMENTS TO THE APPLICANT: 1. None. IF YOU HAVE ANY QUESTIONS OR NEED TO DISCUSS ANY OF THE ABOVE COMMENTS, PLEASE CALL THE ABOVE CONTACT PERSON AND THE PLANNING DEPARTMENT AS SOON AS POSSIBLE.

City of Dover Annexation Plan McDowell and Gahm 80 Nixon Lane 17 August, 2005 Cost/Revenue Analysis Module 1B (partial) All numbers are in 2005 dollars * Refer to the Impact By Fund section of the Notes/Sources attachment COST IMPACT BY FUND Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Development Year Development Year Development Year Development Year Fund 1 2 3 4 Post Dev. Year 1 Post Dev. Year 2 Post Dev. Year 3 Post Dev. Year 4 Post Dev. Year 5 Post Dev. Year 6 Note* General $1,742 $2,095 $2,418 $2,741 $2,902 $2,902 $2,902 $2,902 $2,902 $2,902 1 Water/Wastewater $216 $294 $371 $449 $488 $488 $488 $488 $488 $488 2 Electric $563 $765 $967 $1,170 $1,271 $1,271 $1,271 $1,271 $1,271 $1,271 3 TOTAL COST $2,522 $3,154 $3,756 $4,359 $4,660 $4,660 $4,660 $4,660 $4,660 $4,660 REVENUE IMPACT BY FUND Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Development Year Development Year Development Year Development Year Fund 1 2 3 4 Post Dev. Year 1 Post Dev. Year 2 Post Dev. Year 3 Post Dev. Year 4 Post Dev. Year 5 Post Dev. Year 6 Note* General $3,008 $2,948 $3,187 $3,458 $2,729 $2,729 $2,729 $2,729 $2,729 $2,729 4 Water/Wastewater $853 $937 $1,021 $1,105 $672 $672 $672 $672 $672 $672 5 Electric $713 $969 $1,226 $1,482 $1,610 $1,610 $1,610 $1,610 $1,610 $1,610 6 TOTAL REVENUE $4,574 $4,854 $5,434 $6,045 $5,011 $5,011 $5,011 $5,011 $5,011 $5,011 NET IMPACT BY FUND Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Development Year Development Year Development Year Development Year 1 2 3 4 Post Dev. Year 1 Post Dev. Year 2 Post Dev. Year 3 Post Dev. Year 4 Post Dev. Year 5 Post Dev. Year 6 TOTAL General $1,266 $853 $770 $717 -$173 -$173 -$173 -$173 -$173 -$173 Water/Wastewater $637 $643 $650 $656 $184 $184 $184 $184 $184 $184 Electric $150 $204 $258 $312 $339 $339 $339 $339 $339 $339 Net Cost/Revenue Imp $2,053 $1,700 $1,677 $1,686 $350 $350 $350 $350 $350 $350 $9,219

Lands of Traci McDowell & Craig Gahm at 80 Nixon Lane, Dover Plan of Services Submission Form For Municipal Annexation Please Submit a Plan of Services to the Office of State Planning Coordination pursuant to §101 of Title 22, Delaware Code for review and acceptance prior final legislative action on municipal annexation. The plan services shall be conducted in accordance to standards or criteria set by the Cabinet Committee on State Planning Issues. 1. Basic Data 1.1. Municipality Name: City of Dover 1.2. Municipal Office Address: P.O. Box 475, Dover, Delaware, 19903 or 15 East Loockerman Street, Dover, Delaware, 19901 1.3. Municipal Office Phone Number: Public Works: (302) 736-7025, Planning: (302) 736-7010 1.4. Name of Municipal Contact: Public Works: Scott D. Koenig, P.E., Director Planning: Jim Galvin Jr. AICP, Director of Planning & Inspections or Dawn E. Melson, AICP, Senior Planner 1.5. Property Name/Description: Lands of Traci McDowell and Craig Gahm Name/Address of Petitioner: Owner: Traci McDowell and Craig Gahm, x Nixon Lane Dover, DE 19901 1.6. Tax Parcel Identification Numbers: ED-00-068.19-01-10.00-000, 1.7. Property Address: 80 Nixon Lane, west side of Nixon Lane and north of North Little Creek Road 1.8. Acreage: 1.0044 +/- acres 1.9. Locator Map (attach map): See Attachment A 1.10. Concept Plan (if applicable): See Attachment B. Attachment B is the plan indicating property boundary information and existing structures on the parcel. Upon annexation any site development or subdivision must be in compliance with the City of Dover Land Subdivision Regulations and the Zoning Ordinance. 2. Municipal Services 2.1 Please list the services your municipality provides:

Plan of Services for AX-04-06 Lands of Traci McDowell and Craig Gahm 80 Nixon Lane, Dover Page 2 of 6 Sewer _X__ Water _X__ Trash _X__ Police/Public Safety _X__ Fire _X__ Electric _X__ Streets _X__ Street Lighting _X__ Storm Drainage _X__ Other _Internet, Library, and Parks & Recreation facilities and programs 3. Planning Information 3.1. Developed Prior to annexation? __X__ Yes ____ No (If yes, describe). Existing residence on one parcel. Subdivision of the properties for into two lots residential use is possible. 3.2. Is property within the Municipal Annexation Plan? __X__ Yes ____ No 3.3. How is the parcel depicted on the Municipal Annexation Plan? __X__ Annexation Area _____ Short Term Annexation Area ____ Long Term Annexation Area _____ Area of Concern ____ Other (Explain):_______________________________________ 3.4. What is the land use designation on the Municipal Annexation Plan? __X__ Residential ____ Commercial ____ Industrial ____ Institutional or Community ____ Open Space ____ Other 3.5. Current Use: Residential Proposed Use: Same Current Zoning in County: RS-1 Single Family Residential Proposed Zoning: Applicant request, Staff and Planning Commission recommendation of R-8 (One Family Residence Zone) Allowable Density under zoning: The R-8 zone includes a minimum lot size of 8,000 S.F. per lot. 3.6 Public Water? __X_Yes, available in vicinity Planned within 10 years ____ No 2

Plan of Services for AX-04-06 Lands of Traci McDowell and Craig Gahm 80 Nixon Lane, Dover Page 3 of 6 3.7 Public Sewer?__X__ Yes, available in vicinity Planned within 10 years ____ No 4. Public Service Information (Please include name and address if different from municipality) Water System: 4.1 Name and address of water provider: City of Dover, P.O. Box 475, Dover, Delaware 19903. 4.2 Date of most recent water facilities plan: Last approved plan was completed in 1985 by Whitman, Requardt & Associates. The Department of Public Works has recently signed an agreement with Whitman, Requardt & Associates to update the City of Dover’s Water System Master Plan (2005-2025). This update will be complete in the September 2005. 4.3 Please attach a copy of the relevant sections of the water facilities plan. See the 1985 Water Facilities Plan. See also Attachment C. Attachment C is the Comprehensive Plan Update 2003 – Chapter 7 Public Utilities and Community Infrastructure Plan. The City of Dover owns water transmission mains along the frontage of this property. 4.4 If there is no water facilities plan, please describe the method the water provider uses to determine system capacities, water allocations, and capital expenditures for needed expansions. N/A 4.5 Current system capacity (maximum without capital expenditures): 10 MGD permitted capacity 4.6 Current average water usage: 5 MGD (Winter average), 9 MGD (Summer maximum) 4.7 DNREC Permit allocation: 10 MGD (Max. Withdrawal) DNREC Permit # (23 Different Permits) 4.8 Estimated future water demand inside current municipal boundaries: 7 MGD (Winter average), 10 MGD (Summer maximum) 4.9 Estimated water needed for proposed annexation area: 300 gallons per day (GPD). 4.10 Please attach a letter from the water service provider indicating that water service can be provided to the annexation area. The City of Dover Director of Public Works by submission of this plan of services has determined there will be adequate water supply to serve the proposed annexation. Wastewater System: 4.11 Name and address of wastewater service provider: City of Dover, P.O. Box 475, Dover, Delaware, 19903. 4.12 Name and address of wastewater treatment operator, if different: Kent County, Department of Public Works, 555 Bay Road, Dover, Delaware, 19901 4.13 Date of most recent wastewater facilities plan: 1999, All pump stations and interceptors were analyzed. In addition, the gravity sewer system was mapped using AutoCAD. 4.14 Please attach a copy of the relevant sections of the wastewater facilities plan. Initial here that the plan has been attached: See Attachment D. Attachment D is the Executive Summary of the Wastewater Facilities Management Plan. Sanitary sewer mains have been extended along the frontage of this property. The developer’s engineer 3

Plan of Services for AX-04-06 Lands of Traci McDowell and Craig Gahm 80 Nixon Lane, Dover Page 4 of 6 will be responsible for designing and building infrastructure to connect to the City’s existing system so wastewater can be conveyed to Kent County for treatment. 4.15 If there is no wastewater facilities plan, please describe the method the wastewater provider uses to determine system capacities, water allocations, and capital expenditures for needed expansions. N/A 4.16 Current system treatment capacity (maximum without capital expenditures): All sanitary sewer flows are transmitted to Kent County for treatment. To our knowledge, the Kent County Wastewater Treatment Facility has the available capacity to serve the proposed development of the property. 4.17 Current average wastewater flow: Average daily flow for 2003 was 5.95 MGD 4.18 DNREC Permitted discharge: N/A DNREC Permit # N/A 4.19 Are there TMDL issues or other constraints that would impact the ability of the town to obtain an additional permit allocation from DNREC? N/A 4.20 Estimated future wastewater demand inside current municipal boundaries # of Approved EDUs: Approximately 1,500 – 2,000 E.D.U.s # of Vacant Buildable Acres within existing town: Estimated 6,000 – 8,000 E.D.U.s over 25 years. 4.21 Estimated future wastewater demand for proposed annexation area: 300 gallons per day based on projected water usage. 4.22 Please attach a letter from the wastewater service provider and the wastewater treatment operator (if different) indicating that wastewater service can be provided to the annexation area, and that sufficient wastewater treatment capacity exists or is planned to accommodate this annexation area. See Attachment E – Letter from Kent County Department of Public Works re: availability of sewer service. The City of Dover Director of Public Works by submission of this plan of services has determined there will be adequate wastewater service facilities to supply service to the proposed annexation. 4.23. Provider of Electricity: The City of Dover currently provides electric service to this property. 4.24. Date of Most Recent Update of Electrical Facilities Plan: 1999-2000. 4.25. Describe needed electrical upgrades needed, if any. The City of Dover is planning several electrical system upgrades to increase the reliability of the city’s system. All upgrades to extend distribution service to the property will be the responsibility of the developer. 4.26. If any services are to be provided by another jurisdiction or a public utility regulated by the Delaware Public Service Commission please include written comments of this provider that describe the their ability to provide the necessary services for the proposed annexation. 4.27 Who provides police service to the municipality? What impact will this annexation have on the ability to provide police service to the municipality? (If not municipality in 4

Plan of Services for AX-04-06 Lands of Traci McDowell and Craig Gahm 80 Nixon Lane, Dover Page 5 of 6 question, please provide a letter verifying ability to provide police service to newly annexed area): The City of Dover Police Department provides police service to the municipality. 4.28 Who provides fire service to the municipality? What impact will this annexation have on the ability to provide fire service to the municipality? (Please provide a letter verifying ability to provide fire service to newly annexed area): The Robbins Hose Fire Department provides fire service to the municipality. This proposed annexation area currently is part of the fire service area of Robbins Hose Fire Department. 4.29 Who provides EMS services to the municipality? What impact will this annexation have on the ability to provide emergency medical services to the municipality? A private service provider provides ambulance service under contract with the City. 5. Fiscal Analysis 5.1. Does the municipality employ paid staff? __X__ Yes ____No If yes, how many paid staff does the municipality employ? (Give number in FTEs) 376 full-time personnel 5.2. For municipalities that provide services, does the municipality use separate enterprise funds for public services? __X__ Yes, The Water, Sewer, and Electric Utilities are all enterprise funds. ____ No 5.3. Municipal tax rate: $0.33 per hundred dollars of assessed value 5.4. Municipal tax valuation: Properties are assessed at 100% of market value. 5.5. Please include a copy of the municipality’s current fiscal year budget. See Attachment E – “Source and Use of Operating Funds Summary Fiscal Year 2006” chart from the Draft FY2006 budget document. The City of Dover Draft FY2006 Annual Operating Budget is available on-line at www.cityofdover.com. Dover City Council adopted the FY2006 Budget on June 27, 2005 and publication of the Final Budget document (final adopted form) is being prepared. 5.6. Please provide a copy of the municipality’s annexation committee report regarding this annexation. See transmittal cover letter for summary of annexation application review process and the “Petition to Annex and Zone Property” Report. 5

Plan of Services for AX-04-06 Lands of Traci McDowell and Craig Gahm 80 Nixon Lane, Dover Page 6 of 6 Certifications: The undersigned certify that the information provided in this form is complete and accurate to the greatest extent practicable. We also certify that all required letters from other utility service providers and jurisdictions are attached. ________________________ (Mayor) ______________________(Director of Public Works) 6

FINAL READING AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 80 NIXON LANE WHEREAS, the City of Dover 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 permitted use of property described below from RS-1 - Single Family Residential (Kent County Zoning Classification) to R-8 - One Family Residential (City of Dover Zoning Classification) 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 Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RS-1 - Single Family Residential (Kent County Zoning Classification) to R-8 - One Family Residential (City of Dover Zoning Classification) on that property located at 80 Nixon Lane, owned by Traci A. McDowell and Craig L. Gahm. ADOPTED: * S:\ClerksOffice\Packets\2005\Council Packets\08-22-2005\Rezoning Ordinance - Final Reading.wpd

LEGISLATIVE, FINANCE AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee meeting was held on August 8, 2005, at 6:00 p.m. with Councilman Slavin presiding in the absence of Chairman Salters (arrived at 6:05 p.m.). Members present were Mr. Hogan, Mr. Shevock, and Mr. Shelton. Members of Council present were Mr. Carey, Mr. Sadusky, Mr. Ritter, Mr. Ruane, and Council President Williams. Mayor Speed was also present. AGENDA ADDITIONS/DELETIONS Mr. Hogan moved for approval of the agenda, seconded by Mr. Shevock and unanimously carried. Council Training - Voting System During the previous fiscal year, Council approved a Voting System/Meeting Management Project which authorized the purchase of an electronic voting system and speaker time display for Council meetings. It was noted that, in addition to City Council, the system could be utilized by the various committees and commission of the City as well. The current manner for voting by City Council is very antiquated and does not provide fairness for voting members, particularly those voting first and last. By having all members voting simultaneously and then displaying the results for view by all at the same time, it provides fairness to all members of City Council. Mrs. Green, City Clerk, advised members that the City has purchased the TyBreaker from Tybrin Corporation and that the system includes nine wireless voting stations (keypads), a clerk’s station, a vote display, and a request-to-speak system. The Council Chambers now has two (2) flat screen panels to display the vote results for members, as well as the audience. She also indicated that Tybrin Corporation is in the process of developing an improved “request-to-speak” system; however, she suggested that use of the request-to-speak portion of the system be delayed until members become accustomed to the voting portion of the system. Members conducted a few practice sessions utilizing the new voting system and as a result, changes were made to the default voting requirements (i.e. defining majority vote, etc.). Revenue Forecasting Mr. Slavin explained that after going through two (2) complete budget cycles, it was his feeling that there are opportunities for improving forecasting for revenues. He suggested that staff provide members of Council with Revenue Forecast Reports and that they be submitted on a quarterly basis. He suggested that the reports be reviewed by members during the first Council Meetings of the months of October, January, April, May, and June. For the first three meetings, the reports would contain information on the previous quarter and then be reviewed on a monthly basis just prior to and during the budget review. Mr. Slavin presented an example for the report to include a table depicting the top revenue sources (76.75%) for the City, explaining that the remaining other fees, comprising of 23.25%, could be grouped together with columns to include current budgeted, current actual, current projected, and next fiscal year projected.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF AUGUST 8, 2005 PAGE 2 Mr. Hogan suggested an additional column to include a percentage for each of the quarters (25%, 50%, etc.). Mr. Shevock noted that several fees are collected at particular times of the year, such as property taxes, and that members should consider this when reviewing the percentages of revenues collected. Responding to Mr. Ritter, Mrs. Mitchell stated that, in addition to the water/waste water, transfers from other funds, such as the electric and water, could also be included. Responding to Mr. Ruane, Mr. Slavin stated that library fees would be included with “other fees”. Although members could request additional fees to be shown separately, his intention was to provide Council with a quick image of the City’s revenues. It was suggested that the revenues listed in the Budget Report be included in the new report. Mr. Slavin relayed his opinion that the reports would be presented directly to Council. This would provide members the opportunity to give staff direction for developing the next year’s revenue projections. Mr. Hogan suggested that prior to presenting it to Council, staff develop a mocked up report based on the committee discussions, utilizing real time figures, to be presented to the committee at their next meeting. Mr. Ruane suggested that staff include footnotes giving explanations for any increases or decreases for further clarification. Although he originally intended the report to include those revenues for the General Fund, based on the committee comments, Mr. Slavin stated that staff should develop such a report for Electric and Water/Wastewater as well. Mr. Hogan moved for adjournment, seconded by Mr. Shevock and unanimously carried. Meeting Adjourned at 6:55 P.M. Respectfully submitted, Timothy R. Slavin Vice-Chairman TRS/jg S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2005\08-08-2005-LF&A.wpd

A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA. WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area located at 174 Mifflin Road, which is contiguous to the present City limits, into the limits of the City of Dover and within a zoning classification as recommended by the City of Dover Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That a special election be held for an area located at 174 Mifflin Road situated in East Dover Hundred, Kent County, State of Delaware. 2. That the election be held on the 13th day of October, 2005 commencing at the hours of 11:00 a.m. in the City Hall Annex, 15 E. Loockerman Street, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon. 3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended. 4. That this resolution be published in accordance with the City of Dover Charter. ADOPTED: * S:\ClerksOffice\Annexations\Annex-2005\174 Mifflin Road\Set Referendum Resolution - 174 Mifflin Road.wpd

A RESOLUTION PROPOSING THE INCLUSION OF AN AREA WITHIN THE LIMITS OF THE CITY OF DOVER AND CALLING FOR A SPECIAL ELECTION TO BE HELD IN THE SAID AREA. WHEREAS, the Charter of the City of Dover authorizes Council to extend the boundaries of the said City after a special election of the qualified voters and real estate owners of the territory proposed to be annexed, and WHEREAS, the Mayor and Council of the City of Dover deem it in the best interest of the City of Dover to include an area located west of State Route 1 and adjacent to Old Leipsic Road and Leipsic Road and north of Finish Line Drive, consisting of seventeen (17) parcels totaling 11.08+/- acres, which is contiguous to the present City limits, into the limits of the City of Dover and within a zoning classification as recommended by the City of Dover Planning Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That a special election be held for an area located west of State Route 1 and adjacent to Old Leipsic Road and Leipsic Road and north of Finish Line Drive, consisting of seventeen (17) parcels totaling 11.08+/- acres, in East Dover Hundred and Little Creek Hundred, Kent County, State of Delaware. 2. That the election be held on the 13th day of October, 2005 commencing at the hours of 11:00 a.m. in the City Hall Annex, 15 E. Loockerman Street, Dover, Delaware, for the purpose of submitting the question of annexation of the above area to those persons entitled to vote thereon. 3. That the election be held and conducted pursuant to the provisions of the Charter of the City of Dover as amended. 4. That this resolution be published in accordance with the City of Dover Charter. ADOPTED: * S:\ClerksOffice\Annexations\Annex-2005\Old Leipsic Road and Finish Line Road\Set Referendum Resolution - Old Leipsic and State Line Rds.wpd

CITY OF DOVER FINANCE DEPARTMENT MONTHLY BUDGET REPORT JULY 2005 PREPARED BY: FINANCE DEPARTMENT PLEASE NOTE – THIS NEWLY FORMATTED REPORT PROVIDES TOP LINE INFORMATION ON THE THREE MAJOR OPERATING FUNDS. IF YOU WOULD LIKE ADDITIONAL INFORMATION PLEASE FEEL FREE TO CONTACT THE FINANCE DEPARTMENT.

Page 1 of 5 City of Dover Finance Department Monthly Report July 2005 Strategic Objectives for Fiscal Year 2005 – 2006 1. Hire an Actuary to calculate and report the City’s post-retirement benefits liability for inclusion in the 2007 Budget and Comprehensive Annual Financial Report. RFP was prepared for solicitation in July and actuary report to be completed by November 2005. Proposals are under review to be submitted to City Council in September. 2. Develop and implement an employee benefits statement to be distributed by the payroll office each month. This objective is awaiting the Naviline implementation for completion. 3. Perform a comprehensive review of our cash management procedures and bank service agreements to take advantage of opportunities to reduce cost and improve technology. Follow up with a request for proposal for banking services. In process, report will be issued to City Council in the fall. Activity Levels FY05 – YTD FY06 – YTD Payroll: Number of Pay Periods 2 2 Number of Payroll 787 782 Number of Pension 210 217 Total Gross Payroll $ 1,313,315 $ 1,311,624 Total Pension Payments $ 296,854 $ 319,392 Total Overtime $ 48,406 $ 47,204 Accounts Payable: Number of Vouchers 449 468 Dollar Amount Disbursed $ 2,028,033 $ 1,064,470 Wire Transfers N/A $ 8,272,372 FINANCE EMPLOYEES PAYROLL HOURS FY05 – YTD FY06 – YTD Hours Paid 1,699.75 1,867.25 Hours Worked 1,502.50 1,627.00 Vacation Hours-Used 131.25 151.00 Sick Hours-Used 25.50 54.00 Overtime Hours 28.25 1.75 Leave-Other 12.25 35.25

Page 2 of 5 City of Dover Finance Department Monthly Report – July, 2005 General Fund Summary Original 8.3% of Budget YTD Balance Budget Receipts Property Taxes $ 8,161,808 $ 8,177,054 $ (15,246) 100.2% Transfer Taxes 2,400,000 207,307 2,192,693 8.6% Licenses & Permits 2,146,400 988,808 1,157,592 46.1% Fines & Police Revenues 1,169,740 55,377 1,114,363 4.7% Sanitation Revenues 1,250,560 82,247 1,168,313 6.6% Library & Recreation Revenues 514,200 6,566 507,634 1.3% Franchise Fees 360,000 - 360,000 0.0% Court of Chancery Fees 540,000 - 540,000 0.0% Intrafund Services 5,099,571 345,660 4,753,911 6.8% Grants 260,000 4,500 255,500 1.7% Transfers-In from Grants & Utilities Electric Fund 5,716,956 - 5,716,956 0.0% Water/Wastewater Fund 535,785 - 535,785 0.0% Civil Traffic Penalties Fund 500,000 - 500,000 0.0% Municipal Street Aid Fund 792,000 - 792,000 0.0% Other Miscellaneous Revenues 242,863 7,037 235,826 2.9% Total $ 29,689,883 $ 9,874,556 $ 19,815,327 36.2% Expenditures City Clerk & Council $ 489,511 $ 21,512 $ 467,999 4.4% Mayor, City Manager & Human Resources 896,558 63,437 833,121 7.1% Police & Police Extra Duty 11,210,074 513,629 10,696,445 4.6% Public Works 5,312,014 286,997 5,025,017 5.4% Central Services 2,478,052 117,589 2,360,463 4.7% Planning & Inspections 1,279,287 51,331 1,227,956 4.0% Finance, I/T & Administrative Services 2,760,116 110,903 2,649,213 4.0% Library & Recreation 1,656,257 112,930 1,543,327 6.8% Fire 969,254 24,752 944,502 2.6% Assessor 168,400 22,774 145,626 13.5% Debt Service 435,247 388,596 46,651 89.3% Insurance 465,980 - 465,980 0.0% Retiree’s Health Care 732,555 59,355 673,200 8.1% Street Lights 533,000 45,768 487,232 8.6% Transfers Out - Contingency Reserve 34,000 - 34,000 0.0% Transfers Out - Capital Asset Reserve 150,000 - 150,000 0.0% Provision for Uncollectibles 10,000 - 10,000 0.0% I/T Emergency Preparedness Plan 100,000 - 100,000 0.0% Total $ 29,680,305 $ 1,819,573 $ 27,860,732 6.1% Excess Receipts/(Expenditures) $ 9,578 $ 8,054,983 Working Capital & Reserve Balances-Unaudited Working Capital - Budget Balance $ 3,010,230 Contingency $ 551,065 Capital Asset Replacement $ 167,799 Parkland/Recreation $ 982,503

Page 3 of 5 City of Dover Finance Department Monthly Report – July, 2005 Water/Wastewater Fund Summary Original 8.3% of Budget YTD Balance Budget Revenue Water Fees & Water Tank Leases $ 4,423,930 $ 403,669 $ 4,020,261 9.1% Wastewater Fees & Impact Fees 3,856,760 259,781 3,596,979 6.7% Kent County Treatment Fees 3,047,178 263,090 2,784,088 8.6% Transfer to KCSA from Wastewater 643,770 55,455 588,315 8.6% Miscellaneous 81,950 16,658 65,292 20.3% Total $ 12,053,588 $ 998,653 $ 11,054,935 8.3% Expenses Water & Water Treatment Plant $ 1,576,873 $ 89,786 $ 1,487,087 5.7% Wastewater 797,329 35,277 762,052 4.4% Water Meter Reading 56,816 2,884 53,932 5.1% Construction & Inspection 538,366 26,783 511,583 5.0% Kent County Treatment Fees 3,834,000 319,500 3,514,500 8.3% Retiree’s Health Care 142,983 11,165 131,818 7.8% Debt Service 1,604,166 1,345,000 259,166 83.8% Intrafund Services 1,101,076 76,406 1,024,670 6.9% Transfers Out General Fund 535,785 - 535,785 0.0% Water/Wastewater I & E Fund 693,525 - 1,337,295 0.0% Impact Fee Reserve 389,642 - 389,642 0.0% Post-Retirement Benefit Fund 50,000 - 50,000 0.0% Total $ 11,320,561 $ 1,906,801 $ 10,057,530 16.8% Excess Revenues/(Expenses) $ 733,027 $ (908,148) $ 997,405 Working Capital & Reserve Balances - Unaudited Working Capital - Budget Balance - Water $ 1,853,993 Working Capital - Budget Balance - WW $ 892,225 Working Capital - Budget Balance - KSA $ (1,554,468) Contingency-Water $ 294,350 Contingency-Wastewater $ 306,570 Capital Asset Replacement $ 2,418 Impact Fee Reserve $ 2,083,564 Bond Coverage Ratio (Covenant 1.20) 1.73 3.90 * * Greater than budget due to timing of Transfers-out.

Page 4 of 5 City of Dover Finance Department Monthly Report – July, 2005 Electric Revenue Fund Summary Original 8.3% of Budget YTD Balance Budget Revenue Sales to Customers $ 57,157,712 $ 5,630,769 $ 51,526,943 9.9% Purchase Power Adjustment 6,561,106 631,883 5,929,223 9.6% Utility Tax 1,245,946 109,086 1,136,860 8.8% Weyandt Hall Rents 170,885 18,147 152,738 10.6% Miscellaneous Revenues 601,000 37,913 563,087 6.3% Total $ 65,736,649 $ 6,427,798 $ 59,308,851 9.8% Expenses Purchased Power $ 42,636,070 $ 4,167,000 $ 38,469,070 9.8% Electric Operating Divisions 6,026,808 287,235 5,739,573 4.8% Utility Tax 1,245,946 103,838 1,142,108 8.3% Interest on Deposits 25,000 3,035 21,965 12.1% Retirees Health Care 527,487 44,122 483,365 8.4% Accounts Receivable Write-Offs 125,000 - 125,000 0.0% Debt Service & Arbitrage 2,640,257 1,855,000 785,257 70.3% Intrafund Services 3,998,495 269,254 3,729,241 6.7% Transfers Out Improvement & Extension 2,829,840 1,000,000 1,829,840 35.3% General Fund 5,716,956 - 5,716,956 0.0% Post-Retirement Benefit Fund 100,000 - 100,000 0.0% Total $ 65,871,859 $ 7,729,484 $ 58,142,375 11.8% Excess Revenues/(Expenses) $ (135,210) $ (1,301,686) $ 1,166,476 Working Capital & Reserve Balances - Unaudited Working Capital - Budget Balance $ 3,342,459 Contingency Reserve $ 1,124,610 Insurance Reserve $ 218,833 Rate Stabilization Reserve $ 2,616,611 Depreciation Reserve $ 15,325,042 Future Capacity Reserve $ 8,389,548 Bond Coverage Ratio (Covenant 1.25) 2.02 10.07 * * Greater than budget due to timing of Transfers-out.

Page 5 of 5 City of Dover Finance Department Monthly Report – July, 2005 Major CIP Projects to be Completed Original YTD Balance Project # Budget Greenway Grant - Fund 709 Silver Lake Park Bridge Replacement $ 100,000 * $ 32,175 $ 67,825 PR0506 Community Transportation - Fund 317, 318, & 319 Dover High School Ditch - 318 $ - * $ 9,392 $ (9,392) ST0232 Street and Alley Program- 318 $ 250,000 * $ - $ 250,000 ST0601 Generic Subdivision Signs - 318 $ - * $ 9,990 $ (9,990) ST0505 General Fund Mayfair Park Enhancement $ 20,000 * $ - $ 20,000 PR0505 Playground Equipment Rep Prog 06 $ 50,000 $ - $ 50,000 PR0601 Building Access Control System $ 77,340 $ 77,340 PD0601 Develop Strategy/Implement Citywide GIS $ 57,000 $ - $ 57,000 --- Upgrade H T E to Naviline Version $ 103,080 $ - $ 103,080 --- Police Second Floor Expansion $ - $ 139 $ (139) PD0603 Concrete Program 06 $ 40,000 $ 661 $ 39,339 ST0602 Handicapped Access Program 06 $ 39,200 $ - $ 39,200 FM0601 City Fiber Phone Program $ 130,000 $ - $ 130,000 CS0601 Pear Street Warehouse Renovation $ 25,000 $ - $ 25,000 SP0001 IT Emergency Preparedness Plan $ 100,000 * $ - $ 100,000 IT0504 Water/Wastewater Fund Meter Reading Technology Upgrade 06 $ 60,000 $ 11,425 $ 48,575 WS0603 Elev Storage Tank Program 06 $ 70,130 $ - $ 70,130 WS0604 Wellhead Redevelopment Program 06 $ 35,000 $ 95 $ 34,905 WS0606 SE Water Loop $ 80,000 $ - $ 80,000 WD0003 Water Quality Evaluation $ - $ 3,117 $ (3,117) WD0504 Scarborough Rd. Intercon $ 50,000 $ - $ 50,000 WD0601 Cast Iron Main Rep/Lining $ 100,000 $ - $ 100,000 WS0502 Misc. Distribution System Improvements 06 $ 50,000 $ - $ 50,000 WS0602 Inflow/Infiltration Removal $ 75,000 * $ 7 $ 74,993 WS0501 Misc. Sewer System Improvements Program 06 $ 60,000 $ - $ 60,000 WS0605 Garrison Oak Pump Station $ 724,000 * $ - $ 724,000 WW0304 White Oak Farm P S Force Main $ 160,000 * $ 930 $ 159,070 WW0501 Puncheon Run Int. Sewer Extension $ 75,000 * $ 12,390 $ 62,610 WW0505 Mifflin Road Sewer Ext $ - $ 16,000 $ (16,000) WW0506 Kings Highway Sewer Diversion $ 60,000 $ - $ 60,000 WW0602 Electric Revenue Fund New Developments Upgrade Program 06 $ 410,000 $ 20,173 $ 389,827 EE0606 Emerald Point $ 50,000 * $ 3,662 $ 46,338 EE0515 Cannon Mill $ 60,000 $ - $ 60,000 EE0608 Radio Read Meter Change Out Program $ 545,000 $ 5,390 $ 539,610 ET0501 Pole Inventory System $ 160,000 $ - $ 160,000 EE0503 Outage Reporting System $ 76,500 * $ - $ 76,500 EE0504 Cartanza Substation & Lines $ 187,000 * $ - $ 187,000 ES0103 College Road Capacitor $ 155,000 $ - $ 155,000 EE0604 Mayfair to Mid-City 69kv $ 723,200 * $ 36,331 $ 686,869 ET0502 69kv Feeders 3 and 4 $ 190,000 $ - $ 190,000 EE0601 Kesselring Feeder $ 135,879 $ - $ 135,879 EE0602 Governors Avenue Rebuild $ 1,268,450 $ - $ 1,268,450 EE0603 Lighting Projects and Rehabs 06 $ 50,000 $ - $ 50,000 EE0605 Heart Start ADS- Defibrillators $ 27,000 $ - $ 27,000 --- Meter Testing Bench $ 23,000 $ - $ 23,000 --- Replace 69 kv Breakers $ 150,000 $ - $ 150,000 --- System Ops Radio Replacement $ 30,000 $ - $ 30,000 --- Distribution Upgrade Programs 06 $ 300,000 $ 12,616 $ 287,384 EU0601 * Denotes project carried forward from prior fiscal year(s).

Dover Police Department Monthly Report To Mayor & City Council “To Protect and Serve” July 2005

August 12, 2005 The Honorable Stephen R. Speed, Mayor Members of Dover City Council City Hall Dover, DE 19901 Mayor Speed and Council Members: The following is the report on Police Department activities for the month of July 2005: COMPLAINTS 20,000 17,431 17,937 17,159 16,655 15,439 Total complaints received through July 16,000 31st, numbered 17,159. This is a decrease of 778 complaints over the same time 12,000 period for last year. 8,000 4,000 0 2001 2002 2003 2004 2005 10 Cases Reported in CRIMINAL INVESTIGATIONS 8 July 6 6 5 Cases Cleared in July 4 3 2 2 2 1 1 Cases Cleared 0 0 from Previous 0 Months Burglary Robbery Rape

Report to Mayor and Council July 2005 Page 2 TRAFFIC ARRESTS 16,000 12,414 11,013 The department issued 11,013 traffic citations 12,000 10,254 10,469 10,284 through this reporting period. This is a 8,000 decrease of 1,401 citations over the number issued during the same period last year. 4,000 0 2001 2002 2003 2004 2005 1,600 1,334 1,322 1,283 1,209 1,217 TRAFFIC ACCIDENTS 1,200 Through July 31st, police investigated 1,283 800 traffic accidents. This is an increase of 66 accidents investigated during the same period 400 last year. 0 2001 2002 2003 2004 2005 16% 911 Calls 911 CENTER Administrative Calls During the month of July, our 911 Center 84% handled a total of 12,063 calls averaging 390 calls per day. Dispatchers handled 1,963 calls on the 911 lines, an average of 64 calls per day. EMERGENCY PREPAREDNESS & BASIC LIFE SUPPORT DIVISION: Prime Care Medial Transport, Inc. responded to 381 emergency calls in July resulting in 281 patient transports. The average response time from dispatch by 22% 911 to arrival on scene was 7 minutes and Transports 49 seconds. Additional units responded to 100 of the 381 calls. Additional Units 16% 62% No Transport

Report to Mayor and Council July 2005 Page 3 CITY ORDINANCE SUMMONS 10,000 Through July 31st, we issued 5,826 city 7,442 8,000 ordinance summons a decrease of 472 5,452 6,661 6,298 5,826 5,620 summons over July of last year. *Note: of 6,000 4,571 3,841 4,144 4,047 those summonses issued in July, 22 were 4,000 issued for handicapped parking violations, 24 for fire lane parking violations, 64 for 2,000 false alarms (45 for 3-5 alarms, 15 for 6-9 0 alarms, 4 for 10-15 alarms, and 1 for 16 or 2001 2002 2003 2004 2005 more alarms) and 67 for noise violations (62 for vehicle violations and 5 for ISSUED PAID residence violations). Listed below are the major crimes and activities that occurred during the month of July: • On July 5, 2005, Dover Officers assigned to Operations Safe Streets contacted a subject on New Street and Fulton Street. The subject was found to be in possession of 7.5 grams of crack cocaine. • On July 8, 2005, Jordan Miller graduated from the Delaware State Police Academy. He was sworn in on July 11, 2005 and is currently in field training. • On July 14, 2005, the Office of Highway Safety recognized PFC Larry Simpkiss for his outstanding performance during the “Click It or Ticket” campaign. • On July 18, 2005, Officers assigned to the Drugs, Vice, & Organized Crime Section contacted and arrested three individuals on North New Street for possession of cocaine and drug paraphernalia. • On July 21, 2005, Officers assigned to the Drugs, Vice, & Organized Crime Section executed a search warrant at a residence on East Water Street. As a result of the search warrant, two people were arrested and 100 grams of marijuana was seized. • On July 24, 2005, Detectives arrested a subject for two counts of Rape 1st and one count of Unlawful Sexual Contact. The subject was arrested for raping two juvenile females while they were in his care in 2004. • On July 27, 2005, the Police Department held a Promotion & Awards Ceremony. Eight officers were promoted to higher ranks. Officer and Civilian of the 1st & 2nd Quarters were also recognized. Respectfully Submitted, Jeffrey Horvath Chief of Police

REVISED REVISED CITY CLERK/ALDERMAN REPORT FINES - JULY 2005 COURT OF CITY J.P. COMMON MONTH ALDERMAN COURT #7 PLEAS July 2005 *** $16,320.00 $22,625.10 $10,910.04 June 2005 ** 29,060.00 19,547.35 12,230.88 May 2005 15,675.00 20,162.22 9,425.86 April 2005 14,455.00 19,332.65 12,965.32 March 2005 28,200.00 22,284.30 11,384.92 February 2005 16,185.00 19,869.47 14,650.56 January 2005 17,840.00 20,181.57 10,585.96 December 2004 21,710.00 20,921.41 8,388.97 November 2004 17,339.00 22,537.76 10,384.64 October 2004 23,949.10 22,866.23 11,836.94 September 2004 24,680.00 24,093.75 10,857.13 August 2004 23,555.00 29,733.49 8,362.40 July 2004 20,010.00 24,907.85 10,256.28 Accumulated Fines to Date $137,735.00 $144,002.66 $82,153.54 Same Period - 2004 104,020.00 146,473.74 70,417.30 Difference $33,715.00 ($2,471.08) $11,736.24 Deferred Payments June 2005 n/a $ 553,240.25 n/a June 2004 n/a $ 571,666.57 n/a Alderman '05 Alderman '04 JP Court '05 JP Court '04 CCP '05 0.00 20,000.00 40,000.00 60,000.00 80,000.00 100,000.00 120,000.00 140,000.00 160,000.00 CCP ' 04 JCG/jcr SUBMITTED BY: CITY CLERK/ALDERMAN **Please note the incorrect dollar amount was inadvertently inserted for the month of June 2005 for the Court of Common Pleas Fines. The correct amount is now shown. ***Please note the incorrect dollar amount was inadvertently inserted for the month of July 2005 for both the City Alderman and Court of Common Pleas Fines. The correct amount is now shown.

CITY MANAGER’S REPORT July 2005 “ROAD TO RESULTS”

MONTHLY HIGHLIGHTS Administrative Services Met with Mark Callan and/or Paul Gallagher three times regarding new CIP computer program. Continued work on 2006 final Budget and CIP. Continued to work with Bob Herbst and Lynn Nordin of Virchow Krause on Connectivity Needs Study and VoIP. Continued participation in APPA’s Customer Service Benchmarking Survey along with Kathy Divver. Electric Dover reached a new all-time peak—four plus megawatts. The new peak is 175 megawatts. Human Resources Assisted with interviews for three positions. Distributed and conducted the citywide employee survey. Prepared and planned for Defensive Driving courses that will be held in September. Cheryl Jackson attended the American Heart Association’s kick-off meeting. The annual walk is scheduled for September 17. Citywide fundraisers will be held to benefit the Association. Information Technology Received preliminary business analysis for I/T Emergency Planning. Filed subgrant application with DEMA. Blocked 25,948 junk e-mails and detected 326 viruses before the City network and employees were impacted. Conducted first-round interviews for Web Programmer. The E-government Strategic Plan was approved by the LF&A Committee and City Council. Started detailed HTE NaviLine transaction plan. CAF prepared for first City Council meeting in August. Implemented I/T Help Desk internally. User training for other departments to follow in late August and September. Parks, Recreation & Library 968 people attended 26 children's programs at the library. Delaware Magic Girls Fast Pitch Softball Tournament was hosted at Schutte Park with over 200 female athletes competing. Delaware Amateur Softball Association held two (2) state tournaments with more than 1,000 people attending and playing. United Slow Pitch Softball Association held a tournament at Schutte Park with 500 people. Public Works Received 34 brown water complaints. Director of Public Works attended the NIMS 700 & ICS 100 (Combined Course). Director of Public Works attended MGT-390 Hospital Emergency Management Concepts & Implications of WMD Terrorist Incidents. Several staff members attended CPR training as well as the NIMS 700 & ICS 100 courses. 1

ADMINISTRATIVE SERVICES Work Orders Processed Extensions of Credit 1,991 2,250 600 552 481 498 500 479 1,824 2,000 467 477 463 465 434 1,700 500 1,649 1,677 1,585 395 384 1,563 1,551 1,557 400 1,491 1,750 1,451 285 1,346 1,316 1,500 300 200 1,250 100 1,000 Jul A ug Sep Oct No v Dec Jan Feb M ar A pr M ay Jun Jul Jul Aug Sep Oct Nov Dec Jan Feb M ar Apr M ay Jun Jul 04 04 04 04 04 04 05 05 05 05 05 05 05 04 04 04 04 04 04 05 05 05 05 05 05 05 CUSTOMER PAYMENT USAGE CUSTOMER PAYMENT USAGE Fiscal Year 2006 Fiscal Year 2005 Drive-Thru Drive-Thru Bank Drafts, Bank Drafts, Window , Window , 1,496 , 10% 1,383 , 5% 2,837 , 20% Credit Cards, 3,290 , 11% Credit Cards, 1,679 , 6% 1,754 , 12% Over the Over the Counter, Mail, Drop Mail, Drop Counter, 6,789 , 22% Box, 17,349 , Box, 3,276 , 4,911 , 35% 56% 23% REPORT OF OPERATIONS FY 2006 FY 2005 Jul 2005 Jul 2004 Difference Year-to-Date Year-to-Date Final Bills 624 707 (83) 624 707 Estimated Bills 153 211 (58) 153 211 Cuts for Non-Payment 518 451 67 518 451 Extensions of Credit - Amount Extended $66,218.83 $66,998.61 ($779.78) $66,218.83 $66,998.61 Balance Transfers $2,635.38 $4,588.21 ($1,952.83) $2,635.38 $4,588.21 Utility Collections $2,635.38 $28,426.92 ($25,791.54) $2,635.38 $28,426.92 Special Assessments $100.00 $0.00 $100.00 $100.00 $0.00 Miscellaneous Billings $115,739.05 $40,789.44 $74,949.61 $115,739.05 $40,789.44 Returns - Checks $21,053.95 $13,694.28 $7,359.67 $21,053.95 $13,694.28 Return Check Charges $640.00 $1,957.37 ($1,317.37) $640.00 $1,957.37 Penalties Posted $9,273.66 $8,830.29 $443.37 $9,273.66 $8,830.29 Cuts for Non-Payment - Amount $77,125.80 $64,396.12 $12,729.68 $77,125.80 $64,396.12 Reconnects - Service Charges $14,300.00 $12,950.00 $1,350.00 $14,300.00 $12,950.00 Court Cases $0.00 $0.00 $0.00 $0.00 $0.00 Tamperings 0 0 0 0 0 NOTE: We have determined that the low "Mail, Drop Box" counts for July 2005 are due to (1) the change in the mailing date of tax bills and (2) an error in counting mail processed by the Remittance Processing System. The Information Technology Department is aware of the problem related to the RPS and is work ing on a solution. SOP / CIP Updates New strategic objectives for FY 06 Allow new customers to sign up for utility service on the City’s Web site. Re-sequence and re-route meter routes. With the assistance of the Central Services, Information Technology and Human Resources directors, develop an internal customer satisfaction survey and survey internal users. Work with the City Manager’s Office to restructure Administrative Services to Customer Services. Install an Itron Mobile Collection System with GPS mapping in Meter Reading to maximize efficiency, reduce costs and improve performance. 2

CENTRAL SERVICES Fleet Operations & Mainteance Costs Item s on Hand With No Usage Over 36 Months 70,000 200 $800,000 60,000 $700,000 50,000 150 $600,000 40,000 $500,000 30,000 $400,000 20,000 100 $300,000 10,000 $200,000 0 50 $100,000 Jun Jul Aug Sep Oct Nov Dec Jan Feb M ar Apr M ay Jun Jul M ay Jul Sep Nov Jan M ar M ay Jul 04 04 04 04 04 04 04 05 05 05 05 05 05 05 04 04 04 04 05 05 05 05 To tal Do llars To tal Wo rk Orders Electric Water General Work Orders 124 Electric $631,607.36 Fleet Maintenance $23,607.55 (Excludes Melvin’s Sunoco) Water $ 29,621.94 Fuel $34,198.42 General $ 43,538.89 Stock Purchases by Fund Warehouse Stock $2,450,000.00 2,800 $300,000 $2,400,000.00 $250,000 $2,350,000.00 2,750 $2,300,000.00 $200,000 2,700 $2,250,000.00 $150,000 $2,200,000.00 2,650 $2,150,000.00 $100,000 $2,100,000.00 2,600 $50,000 $2,050,000.00 $2,000,000.00 2,550 $0 Jul Aug Sep Oct Nov Dec Jan Feb M ar Apr M ay Jun Jul Jul A ugSep Oct No v Dec Jan Feb M ar A prM ay Jun Jul 04 04 04 04 04 04 05 05 05 05 05 05 05 04 04 04 04 04 04 05 05 05 05 05 05 05 Electric Water General Total Dollar Value Total Line Items Electric $49,111.88 Water $8,730.57 General $26,309.06 Total Dollar Value $2,344,657.62 Total Line Items 2,639 SOP / CIP Updates (percentages below represent percent completed) New strategic objectives for FY 06 Purchase a two-post truck lift for Fleet Maintenance. Implement Fiscal Year 2006 ADA Compliance Program. Assist the Senior City Administrator in conducting a survey to determine internal customer satisfaction. Carried forward CIP projects Renovation of Pear Street Warehouse – Ongoing – three-year project. (45%) Handicap Accessibility to City Council Chambers – Study in progress. (35%) Pole Barn for William Street Yard – Relocation of materials from the yard to the Pear Street Warehouse has been completed. (100%) Council approved purchase of materials for construction of pole barn on November 22, 2004. Materials received from Delmarva Pole Building Supply, Inc. on December 15, 2004. Construction continues as weather permits. (70%) New CIP projects for FY 06 Citywide Fiber Optic Network (with support from I/T) (0%) Fuel Management System (0%) 3

ELECTRIC System Peak Total System Load 175.0 83,284 157.5 159.8 77,999 76,880 72,829 100,000 141.9 69,275 64,279 200 150 114.3 106.7 59,155 56,392 61,535 57,350 61,130 56,686 101.8 55,149 107 119 112 106 80,000 102 150 MW 100 MWH 60,000 50 40,000 0 20,000 Jul A ug Sep Oct No v Dec Jan Feb M ar A pr M ay Jun Jul Jul Aug Sep Oct Nov Dec Jan Feb M ar Apr M ay Jun Jul 04 04 04 04 04 04 05 05 05 05 05 05 05 04 04 04 04 04 04 05 05 05 05 05 05 05 Outages No. of Customers Gained/Lost 30 10000 25 8000 53 60 Cust omers 48 Outages 20 45 6000 50 37 15 40 33 31 4000 10 30 23 21 24 2000 18 19 19 5 20 0 0 10 3 Jul A ug Sep Oct No v Dec Jan Feb M ar A pr M ay Jun Jul 0 04 04 04 04 04 04 05 05 05 05 05 05 05 Jul Aug Sept Oct Nov Dec Jan Feb M ar Apr M ay Jun Jul Outages Customers 04 04 04 04 04 04 05 05 05 05 05 05 05 Outages 24 Customers 1,131 ELECTRIC OUTAGE REPORT OUTAGE TIME TIME # OF URD # DATE OUT IN CIRCUIT LOCATION DEVICE CUST. CAUSE ACTION OVH 05-0052 07-01 19:40 21:59 12502 342 Silver Leaf Ln. Trans 4 Q Replaced Stinger OVH 05-0053 07-01 13:10 14:00 1224 Silver Lake Blvd. Fuse 7 J Isolate Dig In URD 05-0054 07-03 07:58 10:04 12402 Bayside Dr. Arrestor 1 Q Replaced Arrestor OVH 05-0055 07-03 09:45 13:00 12902 N Dupont Hwy. Pole 654 D Replaced Pole OVH 05-0056 07-04 10:24 11:19 1264 E. Division St. Fuse 4 E Replaced Fuse OVH 05-0057 07-05 07:55 08:19 12502 Port Mahon Tank Farm Fuse 1 B Replaced Fuse OVH 05-0058 07-05 09:56 11:12 12101 Water St. Bus Terminal Cable 1 M Replaced Service URD 05-0059 07-12 16:08 19:35 12403 1522 S. State St. Trans 1 G Repl Trans w/25 KV OVH 05-0060 07-17 04:20 05:55 12402 Dover Air Park Fuse 82 Q Replaced Fuse OVH 05-0061 07-17 14:12 18:08 12402 Kitts Hummock Trans 4 B Replace Trans OVH 05-0062 07-20 18:46 21:57 12403 12 Payton St. Trans 8 G Repl Trans w/50 KV URD 05-0063 07-20 21:15 23:38 467 Kent Ave. & Division St. Trans 3 G Refused OVH 05-0064 07-22 18:45 22:29 12403 Grand Oaks Trans 7 G Repl Trans w/25KV URD 05-0065 07-24 08:19 09:40 12101 Governors Ave. & New St. Fuse 36 E Replaced Fuse OVH 05-0066 07-25 14:17 17:19 12401 Coursen Rd. Trans 1 G Replaced Trans OVH 05-0067 07-27 17:10 18:04 12403 St. Jones Commons Trans 5 G Replaced Fuse URD 05-0068 07-27 17:20 18:47 12904 Maple Glen Trans 7 G Replaced Fuse URD 05-0069 07-27 19:01 19:44 12403 Pennwood Trans 6 G Replaced Fuse URD 05-0070 07-27 22:36 23:08 12403 Huntley Circle Tree 23 H Replaced Fuse OVH 05-0071 07-27 22:10 23:37 12403 S. State St. Fuse 138 B Replaced Fuse OVH 05-0072 07-27 21:51 23:41 1224 Woodcrest Dr. Fuse 26 B Replaced Fuse OVH 05-0073 07-27 23:49 01:15 12403 Huntley Circle Tree 1 H Repaired Service OVH 05-0074 07-29 20:47 22:20 12804 Wild Meadows Cut out 105 I Repaired Connection OVH 05-0075 07/30 04:05 07:45 12403 Huntley Circle Trans 6 A Replaced Trans OVH CAUSE A – Equipment Failure F – Overload K – Substation Equip. Q – Unknown B – Lighting G – Overload (Trans) L – Switching Error X – Transformer C – Tree Condition H– Weather Factor M – Bad URD D – Auto Accident I – Primary Tap N – Contractor/Line Crew E – Animal J – Dig In P – Homeowner 4

Transmission and Distribution Completed Projects Active Projects / % Completed Projects in Design / % Completed Elks Lodge Wild Meadows – Phase II – 98% 69KV to Mayfair Substation – 95% Wawa – Route 8 Four Seasons - 80% Mayfair Bus Work – 80% Slaughter Street – Duncan – 90% Dover Air Force Base Line Grandview Mobile Home Park – 80% Relocation – 50% Fiber Line - North Street - West to VanSant – 4KV to 12KV Conversion – 90% 70% Sherwood Lighting – 100% Delaware State University – 99 % Mayfair Lighting - 100% Cannon Mill – 0% Crossgates Lighting – 100% Hidden Creek (formerly Creekside) – 70% Kent Acres Rehab. – 0% Crawford Carroll Avenue – 0% Governors Avenue Rehab. – State Division Street to Playtex – Fiber Line – 50% Contract – 100% 69KV Line to VanSant – 50% Riverwalk Hotel – 0% Wolf Creek – 5% Creekstone Center – 70% Enterprise Business Park Lot #4 – 99% Fairfield Farm Addition – 99% Emerald Pointe - 2% Loockerman Street Circle – State Delaware State News – 50% Contract – 10% Robbins Hose Company #1 – 70% Lexington Farms – 100% Stoneridge – 50% Chick-Fil-A – 0% Dover Post Office – 90% Fiber Map – 0% Kent Community Center – 50% 69KV Line Relocated to Garrison Rodney Village Lighting – 75% Tract (Changed to Whiteoak Road) - George & Lynch – 30% 0% Independence Square – 50% SR1/SR9 Rebuild – 100% 540 S. Governors Ave. – Bayhealth – 20% New Burton Road Office Building – Modern Maturity Medical Center – 30% 50% Cartanza Chicken – 40% Cardiology 2 – 100% Cell Towers – 100% Client Logic – 0% First Tenth – 100% 3241 Leipsic Road – 100% % Underground Work % Completed Overhead Work Completed Install new three phase electric on State 98% Pole replacements for poles tagged 84% College Road through the Pole Testing Program Extend primary electric - Wild Meadows 92% 69KV Line VanSant to Mayfair 100% Upgrade electric system - Grand View Overhead maintenance Ongoing Mobile Home Park 95% Maintenance of City lighting Ongoing Post Office Upgrade – 4KV to 12KV 40% Replace bulbs – Dover Little League 100% Hidden Creek Ongoing Park Stoney Creek Ongoing Fiber optic cable into North Street 100% Village of Westover Ongoing New fiber optic installed from: 50% Wild Meadows Ongoing William St. to Division St.. Four Seasons Ongoing Electric Ave. to Railroad Ave. New three phase primary - Elks Lodge 100% Electric Ave. to VanSant Install street lights – St. Jones Commons 100% Electric Ave.. To Kent Substation Install new circuit - Division Street 100% Substation 750 MCM Stone Ridge Phase I 100% Install new three phase service to Armory 100% Install new three phase service to Christiana Care 100% Install new three phase service to Wawa 100% Route 8 5

FY 05 Meter Stats Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul 04 04 04 04 04 04 05 05 05 05 05 05 05 Meter Installations w/electronic registers 289 250 251 200 181 176 290 179 229 340 247 260 309 RX/A1R CT (Current 3 0 0 1 3 2 0 0 0 0 2 1 0 Transformer) Radio read 228 250 251 195 179 138 287 176 229 340 247 255 309 Meters Tested *661 Single phase 477 525 371 355 358 248 580 426 361 625 382 312 Three phase 23 25 3 17 33 10 46 0 5 41 4 32 Customer requests 0 0 0 0 0 0 0 0 0 0 0 0 Meters Junked 243 201 170 167 134 116 308 184 168 226 177 183 277 Meters Removed 11 13 22 20 12 15 3 22 15 22 24 24 20 Meter Changes 221 199 226 160 146 138 261 136 185 261 175 198 251 New Services 54 34 28 30 31 24 17 30 33 53 51 46 40 Services Retired 0 5 0 2 4 4 0 0 2 0 0 0 0 System Operations Center Switching schedules 4 2 8 8 8 4 3 8 3 3 2 12 0 Work orders 855 1041 870 508 648 792 726 621 861 972 844 1020 891 Miss Utility tickets called 1617 2032 1134 1458 1132 1344 1449 1530 1545 2082 1756 2007 1824 Back Tickets located 515 553 563 475 558 341 484 457 536 1950 1929 2049 1938 *Only the total number of meters tested will be provided beginning July 2005. There are no customer requests, so this line will be eliminated. Substation Relay Substation Status Division Street Ground grid installation All Substations Finding numerous problems due to overloads SOP / CIP Updates (percentages below represent percent completed) New strategic objectives for FY 06 Change all mechanical electric meters to radio read electric meters. Prepare and design Feeders 3 and 4 from Cartanza Substation to Downtown Dover. Develop an Electric Department mapping system to assist crews with power restoration. Hire two junior engineers to replace senior system engineer and senior SCADA technician. Investigate the purchasing of land adjoining the Electric Administration property on Buttner Place. Detail analysis of Fiscal Year 2050 Preliminary Generation Capacity Plan Preliminary design of “Blue Light” Safety Program system for downtown and City parks. New CIP projects for FY 06 % Work % Work CIP Project Completed CIP Project Completed Mayfair 69/12 KV Transformer and Breaker 30% SCADA Remote Terminal Units 0% (Carry Balance) 4KV To 12KV Upgrade (Carry Balance) 25% Governors Avenue Rebuild 0% 69 KV Feeders 3 and 4 0% College Road Capacitor 0% Outage Reporting System 0% System OPS Radio Replacement 0% Pole Inventory System 0% Lighting Project and Rehab 0% Replacement of 69 KV Breakers 0% Conectiv 230 Line Rehab 0% Mayfair to Mid City 2% Heart Start ADS 0% Distribution Upgrades 0% Meter Testing Bench 0% Kesselring Feeder 70% Project carried over from FY 05 6

HUMAN RESOURCES Custom er Se rvice Contact s Payroll Hour s 700 8000 600 7000 500 6000 400 5000 300 4000 200 3000 100 2000 0 1000 Jul Aug Sep Oct Nov Dec Jan Feb M ar Apr M ay Jun Jul 0 04 04 04 04 0 4 04 05 05 0 5 05 0 5 05 05 Jul Aug Sep Oct Nov Dec Jan Feb M ar Apr M ay Jun Jul 04 04 04 04 04 04 05 05 0 5 05 05 05 05 Applicat ions Processed 73 37 115 11 10 51 98 8 110 72 149 103 97 Overtime 1462 706 1532 140 8 1525 1587 166 5 2 048 2724 960 93 8 1241 1426 Employees Assisted 111 62 53 47 84 56 62 78 83 93 101 54 46 Sick 3240 14 15 2602 24 57 2005 22 58 210 4 3 800 4767 2352 18 88 2244 855 Cit izens Assisted 127 89 76 58 72 68 83 75 91 68 84 167 98 Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Category 04 04 04 04 04 04 05 05 05 05 05 05 05 Total Caucasian 329 326 328 327 326 326 323 323 323 323 324 324 326 N/A Minorities 60 60 63 64 64 64 64 64 65 64 64 63 65 N/A Hired 4 2 7 1 1 0 1 1 5 1 1 1 6 31 Terminated / 0 3 4 2 2 1 4 1 4 2 0 2 2 27 Resigned / Retired Promoted 2 0 1 4 0 0 0 0 2 2 0 2 3 16 Jobs Posted 3 5 2 1 5 1 5 5 6 9 1 6 1 50 Workers’ Comp. 6 6 10 1 2 3 7 0 1 7 4 0 1 48 Injuries Workers’ Comp. 124 519 76 15 0 1 0 238 240 82 120 0 0 1415 Hours Workers’ Comp. hours may not be the result of injuries that occurred during the current month. Jobs Posted – Electric Groundworker Employees hired: Two Motor Equipment Operators I (Water/Wastewater), Administrative Assistant (City Clerk’s Office, Fire Dispatcher and two Library Pages Workers' Comp Injuries Workers' Comp. Hours Electric SOP Goal #3 and Public Works SOP Goal #8 Electric SOP Goal #3 and Public Works SOP Goal #8 700 15 600 500 10 400 300 5 200 100 0 0 Jul A ug Sep Oct No v Dec Jan Feb M ar A pr M ay Jun Jul Jul Aug Sep Oct Nov Dec Jan Feb M ar Apr M ay Jun Jul 05 04 04 04 04 04 04 05 05 05 05 05 05 04 04 04 04 04 04 05 05 05 05 05 05 05 Electric Public Works Police Others Electric Public Works Police Others Electric – 0 Public Works - 1 Police – 0 Others - 0 Electric – 0 Public Works – 0 Police - 0 Others – 0 SOP / CIP Updates New strategic objectives for FY 06 Address one weakness identified by the employee satisfaction survey. The results are being compiled. Establish a CDL program which includes random drug testing. New employee identification cards and organizational identification system. Establish an Intranet system along with the I/T Department. Offer a City recruitment program at two new venues that would be visited by minorities. Work with Finance, Administrative Services, and the local Union leadership to investigate medical benefit alternatives for employees and retirees. Establish and communicate the Five Star Recognition Program demonstrating support of the men and women now serving in America’s National Guard and Armed Services Reserve. Customer Satisfaction Survey. 7

INFORMATION TECHNOLOGY www.DoverDE.net Service Requests Resolved $800 120 800 700 100 $600 600 80 500 $400 60 400 672 678 40 652 621 596 643 610 639 648 661 657 588 300 570 $200 20 200 100 $- 0 Jan-00 Jan-00 Jan-00 Jan-00 Jan-00 Jan-00 Jan-00 Jan-00 Jan-00 Jan-00 Jan-00 Jan-00 Jan-00 0 Jul A ug Sep Oct No v Dec Jan Feb M ar A pr M ay Jun Jul Active Customers Net Income 04 04 04 04 04 04 05 05 05 05 05 05 05 Active Customers - 93 Net Income - $643 Supported PCs ww w.CityofD over.com 230 225 400,000 Pages Viewed 220 350,000 215 300,000 210 250,000 205 200,000 200 150,000 195 100,000 190 50,000 Jul A ug Sep Oct No v Dec Jan Feb M ar Apr M ay Jun Jul Jul Aug Sep Oct No v Dec Jan Feb M ar Apr M ay Jun Jul 04 04 04 04 04 04 05 05 05 05 05 05 05 04 04 04 04 04 04 05 05 05 05 05 05 05 Series2 Series1 PC s Supported – 219 Windows 2000 or XP - 211 Performance Indicators Current Month Last Month Same Month Last Year iSeries Availability 100% 100% 100% Server Availability 99.9 99.85% 100% Programming Requests Completed 0 2 4 AS/400 Connections (concurrent/authorized users) 36% 36% 37% PCs Supported 219 219 225 Servers Supported 6 6 6 (Availability statistics based on 7:00 a.m. to 5:00 p.m. M-F) SOP / CIP Updates New strategic objectives for FY 06 Implement an Information Technology Emergency Preparedness Plan that will provide a platform for business restoration within 48 hours of a major disaster. Second round of departmental interviews scheduled for August with business analysis and recommendations to follow. Filed sub-grant application with DEMA. Develop and implement GIS (Graphical Information System) for the City. Currently interviewing and assessing each department’s needs. Implement the NaviLine version of HTE, Inc., software to bring City employees from a text based terminal emulation mode to a graphical interface that includes enhanced features. This item is scheduled to go before City Council on August 8, 2005. Note: The above are also 2006 CIP projects. . 8

PARKS, RECREATION & LIBRARY Library Children Services Adult Services 2800 4000 2400 3500 2000 3000 1600 2500 2000 1200 1500 800 1000 400 500 0 0 Jul Aug Sept Oct Nov Dec Jan Feb M ar Apr M ay Jun Jul Jul Aug Sept Oct Nov Dec Jan Feb M ar Apr M ay Jun Jul 04 04 04 04 04 04 05 05 05 05 05 05 05 04 04 04 04 04 04 05 05 05 05 05 05 05 Reference Reader's Advisory Outreach Electronic Assistance Reference Reader's A dviso ry Outreach Electro nic A ssistance Reference – 910 Reader’s Advisory – 497 Reference – 147 Reader’s Advisory - 117 Outreach – 243 Electronic Assistance – 1,011 Outreach – 288 Electronic Assistance - 36 Circulation July 05 FYTD 06 July 04 FYTD 05 Dover residents 15,915 15,915 15,991 15,991 Kent residents 18,358 18,358 17,007 17,007 Non-county residents 1,053 1,053 1,168 1,168 Registrations Dover residents 182 182 126 126 Kent residents 195 195 156 156 Non-county residents 8 8 14 14 Other Visiting patrons 19,371 19,371 17,843 17,843 Meeting room usage 40 40 40 40 Photocopier usage 1,931 1,931 1,699 1,699 Holds placed 1,335 1,335 1,259 1,259 Dial-a-Story 1,967 1,967 1,661 1,661 Internet usage 5,367 5,367 3,945 3,945 Other Points of Interest Interlibrary: 2,001 items loaned out Technical services: Added 1,426 items 1,160 items borrowed Deleted 208 items Volunteers completed 73 hours of service. SOP / CIP Updates New strategic objectives for FY 06 Enhance the library’s Web page at www.doverpubliclibrary.org by adding 15 more links, five feedback forms and surveying online users to determine the Web site’s functionality. Contacted the I/T Department regarding necessity to update Web page and establish connection to Contribute software. Develop potential locations, funding sources, and preliminary operating concepts for regional library in Dover. Reviewed needs assessment study from the state library consultants regarding future library space. 9

Parks and Recreation Recreation Revenue Recreation Revenue Breakdown $24,145 $25,000.00 $30,000 $18,231 $20,000.00 $25,000 $12,985 $15,000.00 $11,460 $20,000 $10,000.00 $8,241 $4,330.74 $15,000 $5,731 $4,474 $3,336 $4,029 $5,000.00 $2,812 $10,000 $5,000 $1,740 $1,387 $0.00 Jul Aug Sept Oct Nov Dec Jan Feb M ar Apr M ay Jun Jul $0 04 04 04 04 04 04 05 05 05 05 05 05 05 Jul Aug Sept Oct Nov Dec Jan Feb M ar Apr M ay Jun Jul General Rental P ayments Spo rts 04 04 04 04 04 04 05 05 05 05 05 05 05 Leagues P A L & Spec. Events Trips General - $475 Rental Payments - $814 Sports - $1,503 Leagues - $ 20 PAL & Special Events - $0 Trips - $0 Rentals July 05 FYTD 06 July 04 FYTD 05 Baseball/Softball Field Rentals* 55 55 53 53 Dover Park Pavilions (2) 23 23 2 2 Multipurpose/Field Hockey Field Rentals* 18 18 24 24 Recreation Center 42 42 25 25 Silver Lake Pavilions (2) 10 10 5 5 Soccer Field Rentals* 4 4 4 4 Stage 5 5 6 6 *These numbers reflect groups that rent fields for practice, season play, and our programs. 7 vs. 7 Football Passing League 2 (teams) 2 (teams) 3 (teams) 3 (teams) High School Field Hockey 9 9 12 12 Learn-N-Play / All Sports Skills 6 6 Total of 77 participants in FY05 Summer Playground 40 40 37 37 Delaware Prevention Network Weed and Seed Creating Lasting Family Connections continued Monthly steering committee was held July 12. to establish collaborations with local agencies. Implementing steps for “official recognition.” Held a John School with three participants. SOP / CIP Updates New strategic objectives for FY 06 Initiate Americans with Disabilities Act (ADA) compliance in City parks and recreational facilities. Implement a maintenance plan for each park and playground. Reviewed plan with staff. Implement Construction Plan for indoor recreation facility. New CIP projects for FY 06 West Side Recreation Center (two-year project) Playground Equipment Replacement Program (two-year project) Stagemobile Dover Park Enhancement (State Match) Mayfair Park Playground Enhancement (State Match) Mirror Lake Dredging 10

PUBLIC WORKS Administration and Engineering Administrative review and inspection services continued on all residential and commercial developments. The following residential subdivisions are in various phases of construction: Baytree (Phase III) Oak Shadows Village of Westover (Phases III, IV & V) Four Seasons Fox Hall West Addition (Phases II & III) Stoney Creek (Phase II) Fox Hall West (Phase IV) Wild Meadows Maple Glen Village of Cannon Mill Acorn Farms (Phases II & III) Hidden Creek Construction Inspection continued on 21 subdivisions under construction and 41 individual sites. Utility crew: (1) Dover High School Ditch – Boxed out and laid filter cloth and riprap, installed retention wall system, and hauled out excess dirt from excavation. FY-06 Street Program – Contract awarded to Pennsy Supply. Preconstruction meeting scheduled for August 8, 2005. Hidden Creek – Contractor continued site work in Phase II. Roads boxed out to sub-base; proof rolled, stoned and some base asphalt laid. Installed 1,500 LF of curbing and 5,000 SF of sidewalk. Village of Westover Phase IV – Site work continued with installation of 100 SF of public sidewalks. Cannon Mill – Contractor continued installation of sanitary sewer mains. Installed and tested 1,100 LF of sanitary sewer main, 460 LF of water main, 1,000 LF of storm drainage piping and associated catch basins. Emerald Pointe – 8,000 LF of Type III curb installed along with 5 double J catch basins. Maple Glen – Some of damaged sidewalk replaced by contractor. Broken valve boxes replaced in preparation for final wearing course of asphalt. Elks Lodge – Water main passed hydrostatic testing. Wolf Creek – 1,800 LF of water main installed and hydrostatic tested. 11

Sanitation Monthly Total Refuse Collection (Tons) Sanitation Hours 1101.88 1166.82 1173.02 696.10 1004.30 1400 501.31 1112.92 397.98 992.86 1250 1004 1200 416.57 946.59 1000 914 540.28 686 734.40 1000 864.26 691.55 667.20 433.55 1050.19 750 695 547 827.66 800 1110.44 568 770.27 600 729.87 1168.78 500 1228.29 698.45 400 1114.02 250 37 Electronic 44 8 200 0 Hand Trash Bulk Collection 0 Mechanized Container Goods Pickup 17 Jul A ug Sep Oct No v Dec Jan Feb M ar A pr M ay Jun Jul Collection July 05 04 04 04 04 04 04 05 05 05 05 05 05 05 Collection B ulk A uto mated Repair/Delivery July 04 JULY 05 FYTD 06 JULY 04 FYTD 05 Tons Dry Waste Collected 326.65 326.65 287.92 297.92 Tipping Fee Savings Realized $6,369.68 $6,369.68 $5,326.52 $5,326.52 Trips to DSWA Sandtown Landfill 344 344 346 346 Total Tonnage to DSWA 1,811.83 1,811.83 1,858.37 1,858.37 90-Gallon Containers Delivered 59 59 19 19 300-Gallon Containers Delivered 0 0 9 9 Streets JULY 05 FYTD 06 JULY 04 FYTD 05 Signs Installed 7 7 31 31 Signs Repaired 19 19 19 19 Street Signs Replaced 0 0 0 0 New Posts Installed 3 3 15 0 Storm Catch Basins Cleaned 0 0 0 0 Storm Catch Basin Cleaning (Hrs.) 0 0 0 0 Hot Mix Patching (Tons) 52 52 4 4 Cold Mix Patching (Hrs.) 26 26 14 14 Concrete Work (Hrs.) 114 114 330 330 Street and Alley Maintenance (Hrs.) 152 152 150 150 Street Sweeping (Miles) 1,417 1,417 1,361 1,361 Street Sweeping (Cubic Yards) 192 192 186 186 12

Grounds Arborist Crew JULY 05 JULY 04 Trees Pruned 63 76 Trees Removed 3 22 Stumps Removed 2 4 Root Pruning 3 10 Assisted with removal of trees along the Garrison Tax Ditch. Cut back alleys for Sanitation Division. Beautification Crew Maintenance of all 53 annual beds, 18 containers and 137 hanging baskets, including watering, weeding and fertilizing. The Meadows – put down and watered sod until it rooted. Landscape Repair/Special Projects Crew Applied 185 gallons of Roundup Pro herbicide at numerous locations around the City. Assisted Beautification Crew by weeding and applying mulch to some of the annual beds. Put down 2,000 sq. ft of sod in The Meadows. Applied 3 gallons of Endeavor insecticide to affected flower beds. Worked on entrance islands by the new County building. Grounds Maintenance/Mowing Crews Mowed 280 acres including all ditches and rights-of-way. 13

Water/Wastewater Water Production/Bille d Consumption/ Flow to Kent County 250000000 200000000 Gallons 150000000 100000000 50000000 0 Jul 04 Aug 04 Sep 04 Oct 04 Nov 04 Dec 04 Jan 05 Feb 05 Mar 05 Apr 05 May 05 Jun 05 Jul 05 Total Water Production Billed Consumption Total Flow to Kent County Total Water Production – 191,238,300 Billed Consumption – 151,189,000 Total Flow to Kent County – 146,483,963 JULY 05 JULY 04 Water Production – Daily Average 6,168,300 5,541,281 Fire Hydrants – Flushed 0 0 Fire Hydrants – Tested 1 0 Final Readings 203 143 Cutoffs 25 11 Turn-ons 29 17 New Inspections 46 18 Curb Boxes Located 122 97 Curb Boxes Adjusted 10 4 Water Service Lines Repaired 6 22 Water Meters Repaired 19 18 Radio Technology Installations 73 49 New Meters Added 63 44 Total Water Meters in City Distribution System 12,679 12,185 JULY 05 JULY 04 L.F. Sewer Lines Flushed 29,982 45,107 Sewer Lines Inspected 31,482 50,107 Feet Sewer Mains Videotaped 330 0 Manholes Inspected 195 256 Manholes Cleaned 185 238 14

SOP/CIP Updates New strategic objectives for FY 06 Fully implement the City’s NPDES permit compliance measures and begin developing an overall strategy for the creation of a stormwater utility for the City. Implement the park maintenance plan created by the Parks & Recreation Department by hiring one lead laborer to perform all of the work outlined in the plan. Reduce number of brown water complaints through the replacement of the old cast iron pipe system and the improvement of system hydraulics. Reduce cost to the City arising from inflow/infiltration. Integrate the new pump station mechanic crew into the maintenance operations. Investigate the feasibility of turning over appropriate sewer pump stations to Kent County Levy Court. New CIP projects for 2006 % of Work % of Work CiP Project Completed CIP Project Completed Streets & Grounds Division Water Supply FY-2005 Street Program 80% Water System Master Plan Update * 96% FY-2006 Street Program 0% Elevated Storage Tank 0% Painting/Maintenance Contract FY-2006 Concrete Program 25% Meter Reading Technology Upgrade 10% Generic Subdivision Signs 10% Well Head Redevelopment Program 3% Silver Lake Dam Improvements * 0% Silver Lake Footbridge Replacement * 25% Water Division ¾ Sanitary Sewer Miscellaneous Distribution System Improvements 0% Puncheon Run Motor Control & Pump 3% Replacement (Construction) * Southeast Water Loop (Design Phase) 5% Garrison Oak Pumping Station 0% (Construction) Scarborough Road Interconnection (Tidewater) 0% Puncheon Run Interceptor Sewer 40% Extension (Design) Cast Iron Main Replacement / Relining Project 0% U.S. 13 East Sanitary Sewer 2% Interceptor * Water Quality Study * 15% Inflow/Infiltration Removal 2% Division Street Water Main Upgrade * 0% * Carried forward from 2005 City Manager’s monthly reports. 15

Office of the Mayor MEMORANDUM TO: Members of City Council FROM: Stephen R. Speed, Mayor DATE: July 20, 2005 RE: Monthly Report – July 2005 It is an honor and pleasure to provide you with the efforts of the Mayor’s office for July 2005. As always, I would be happy to answer any questions or provide any additional information. Here are the highlights for the Mayor’s office for July: Date Event/Meeting/Activity 4 Independence Day Parade – The American Legion, Walter L. Fox Post No. 2 hosted the annual Independence Day Parade down State Street to The Green. The parade had 65 entrants and hundreds of citizens lined the street. 4th of July Celebration – The 4th of July Committee hosted the annual celebration on Legislative Mall. The Community Singers, Milford Community Band, and DAFB Ensemble performed. This event concluded with an outstanding fireworks display. Sen. Carper, Rep. Castle, Levy Court President Burris, Maj. Gen. Vavala, Col. Cox, Col. Rutland, Councilman Pitts, and Maj. Fisher spoke at the event, which was attended by more than ten thousand spectators. 9 7th Annual Calvary Bible Institute Commencement – Calvary Bible Institute held its annual commencement ceremony at Calvary Baptist Church on Rt.8. Rev. Avant, Retired Delaware Secretary of Labor Stafford, Councilman Salters, staff of the Institute, friends, family and members of the Class of 2005 participated in the event. 87th Department of Delaware, American Legion Convention – The Delaware Department of the American Legion held its annual convention at the Sheraton. Attorney General Brady, representatives from Delaware’s Congressional Delegations’ offices, and members of the American Legion attended the dinner.

Mayor’s Monthly Report July 2005 Page 2 18 The First Episcopal District of the African Methodist Episcopal (AME) Church Regional Christian Education Conference – The First Episcopal District, AME Church, held its annual conference at the Sheraton. Bishop McKenzie (13th District), Bishop Norris (1st District), Councilman Salters and more than 1000 members of the AME church from Bermuda, New England, New York, New Jersey, Pennsylvania, and Delaware attended the dinner and week long conference. 21 Best of Delaware Extravaganza – Delaware Today held its annual extravaganza at Dover Downs to showcase its 2004 Best of Delaware winners. This is the first time this event has been held in Dover. Thousands of people from across Delaware and other states attended the event. 25 DAFB Fire Station Ribbon Cutting – DAFB hosted a ribbon cutting ceremony to commemorate the opening of its new $7.3 million fire station. Rep. Castle, Attorney General Brady, Col. Cox, Col Rutland, other Air Force commanders, Councilman Carey, representatives from local fire companies (including Chief Bashista), members of the DAFB fire company, and many members or the 436th and 512th Airlift Wings were in attendance. 27 Dover Police Department (DPD) Promotion and Awards Ceremony – The DPD held its semi- annual promotion and awards ceremony, promoting eight officers and recognizing dozens of other officers and civilian DPD employees. The ceremony was attended by Councilmen Carey, Ruane, and Hogan, the officers being promoted and awardees, their families and friends, and officers from other police departments, including Col. McLeish, Superintendent of the Delaware State Police. 28 Governor’s Day Ceremonies at the Delaware State Fair – Gov. Minner hosted the annual Governor’s Day Ceremonies at the Harrington Fairgrounds. Numerous elected and appointed officials from state, county, and municipal offices attended the ceremonies. Other meetings/events and grand openings/ribbon cuttings attended: City Council Legislative, Finance & Administration Committee Utility Committee Safety Advisory & Transportation Committee Council President Staff Meeting Central Delaware Economic Development Council Rotary Constituent Meetings Comcast Spotlight Meeting Dover/Kent County Metropolitan Planning Organization Central Delaware Soccer Association Kent County Transportation Management Team DelDOT Public Workshop 63rd Delaware Municipal Police Academy Graduation Ceremony Dover Police Department Swearing-in Ceremony Commuter Rail Task Force USO Board of Directors Delaware Information Analysis Center Delaware Civic Center Corporation Dover Transit Center

MONTHLY REPORT Department of Planning & Inspections P.O. Box 475 Dover, DE 19903 Phone: (302) 736-7010 Fax (302) 736-4217 Department of Planning and Inspections JULY 2005 PERSONNEL: On July 16, 2005 the Fire Marshals Office conducted a Fire Safety Emergency Preparedness event at The Home Depot for patrons visiting the store. Patrons were advised as to what would need to be purchased in the event a hurricane should strike this area. There were thirty-five (35) patrons who participated in the event. Chris Scott attended the 2003 IBC “Performing Structural Plan Reviews” on July 28 and 29, 2005 held in Columbia, Maryland. COMPREHENSIVE PLAN AMENDMENTS Are completed and awaiting certification. EDEN HILL TND REZONING: The first application for rezoning to Traditional Neighborhood Design Zone (TND) was filed in May for the Lands of Eden Hill Farm. The Planning Commission reviewed the proposal at their June 20, 2005 meeting and the City Council approved the rezoning and the Master Plan at their July 11, 2005 meeting. DEMOLITIONS There are four properties identified as dangerous buildings at this time. 20 S. Governors Avenue has been sold to the owner of the former Blue Coat Inn and has begun renovations. There are four properties on the dangerous building list. 299 College Road, 45 S. New Street (House of Pride), 35 N. New Street (House of Pride), and 29 S. Governors Avenue. A lien search has been completed on 29 S. Governors Avenue. There are about 10 liens on the property and the owner is in bankruptcy. Staff will meet with City Solicitor to determine if we can proceed or if the building is protected because of the bankruptcy. Two properties are being demolished by Dover Community Partnership, Inc. using CDBG funds; 42 South Queen Street and 13 South New Street. The houses will be replaced with affordable homes for first-time homebuyers through the initiatives and funding brought to bear in the Dover target neighborhood. COMMUNITY DEVELOPMENT Community policing: 1 Officer on foot patrol, Total hours of coverage 36, Citizen Contacts 243, Total number of arrests 24. NCALL: Down Payment and Settlement Assistance: Clients who plan to use the Dover First Start Program breakout as follows: seven families are shopping for a home; one family purchased a home in July. A total of twenty- three families have closed using the Dover First Start Program. Micro Enterprise Program: During the month of July intakes were conducted for two (2) new clients to set up a business in the Downtown area and (2) low to moderate income status. In addition, three (3) referrals were made to the Small Business Development Center for technical assistance. For the month of July, the breakdown of statistics for clients served is: 2 new clients, 2 low moderate income, 2 minorities, 2 referrals, 1 walk-in, 1 job gained and 0

businesses closed. Housing Rehabilitation Program: Eight (8) owner occupied homes in the City are underway to be rehabilitated with CDBG funds, seven have been completed. The Five Year Consolidated Plan for the City of Dover has been accepted for approval by the Department of Housing and Urban Development. The City of Dover’s progress in HUD’s evaluation of managing Community Development Block Grant Funds for this program year has been determined satisfactory. MEETING REPORTS Board of Adjustment: The Board of Adjustment did not meet during the month of July. The next schedule meeting will be held on August 17, 2005. Dover Parking Authority: At its meeting of July 7, 2005 reports were given on the budget, permit sales, Police Department activities, and update on the North Street Parking Lot. Historic District Commission: During The Historic District Commission held on July28, 2005 the Commission took the following actions: 1. HI-05-02 Office Building at 134 East Water Street: Hanson House location: Recommend approval of Architectural Review Certification with conditions. Approval of building demolition and construction of replica building with two-story addition. Conditions of approval include recommendations for changes to exterior finish materials. Application is forwarded to the Planning Commission for review in September. Planning Commission At its meeting of July 18, 2005, the Planning Commission took the following actions: 1) Z-05-04 Lands of Michael Sanchez at 487 South Queen Street: Moved to recommend approval with conditions. 2) AX-04-06 Lands of Traci A. McDowell and Craig L. Gahm: 80 Nixon Lane: Moved to recommend approval to City Council and zoning classification of R-8. 3) AX-05-01 Lands of Clifton and Marie Hutton (3 parcels): Moved to recommend approval to City Council and zoning classification of RM-1. 4) S-05-14 Office Building at 1019 South Governors Avenue: Moved to approve with conditions. 5) S-05-15 Hertrich’s Capitol Lincoln Mercury Mazda: Automobile Dealership: Moved to approve with conditions. 6) SB-05-04C New Haven Estates: Conceptual Subdivision Plan: Moved to table and requested additional information. Also during this meeting nominations for Chairman and Vice Chairman were recommended. Mr. John Friedman was elected as Chairman and Mr. William DiMondi as Vice Chairman. Newly appointed Planning Commission member Charles Benton attended his first Planning Commission meeting. INSPECTIONS ACTIVITY Permits and Licenses Rental Dwelling, Public Occupancy & Lodging House Permits: Year to Date ___ 1,729___ Number of New Occupancies – July 2005 18___ Permit Fees Collected for Rental, Public Occupancy & Lodging Permits, July 2005 $ 895___ Number of Business Licenses & Mobile Homes Issued – July 2005 1,897___

Total Number of Business Licenses & Mobile Homes for Year 7/1/05 to 6/30/06 ___ 1,897___ Total Fee Collected for Business Licenses & Mobile Homes for July 2005 $551,159.05 _ Total all Construction Permits* and Certificate of Occupancies Issued for July 2005 _____ 283___ Value of Construction & Fire Prevention projects permitted in July 2005 $3,226,085.00_ Fees Collected for Construction Permits and CO’s for July 2005 __$36,391.50_ *Construction permits include Building, Fire Prevention, Plumbing, and HVAC Permits Property Inspections: July 2005: Fire Marshal – Inspections – Property Maintenance Office of the Fire Marshal Fire and Safety Inspections 29 Building and Property Fire Code Inspections 58 Maintenance Inspections Sprinkler and Fire Alarm 8 Building 283 Certificate of Occupancy 5 Plumbing/Mechanical 383 Alarm Activation Follow-ups 9 Certificate of Occupancy 55 Fire Investigations 6 Total New Construction 721 Total Inspections 115 Complaints 184 Non-Inspection Hours Observed by Inspectors 281 Office 124 Fire/Life Safety 122 Training 8 Total Inspections 1308 Plan Review 21 Non-Inspection Hours Office 288 Training 47 On July 18, 2005 the Fire Marshals Office Plan Review 77 investigated a single family dwelling fire located at 58 S. New Street. Estimated damage to the home is $100,000. On July 26, 2005 the Fire Marshals Office conducted a CPR training class for eight (8) Grounds Department employees. As always, please contact me regarding any questions you may have. James J. Galvin, Jr. AICP Director of Planning and Inspections

ACTION FORM PROCEEDING: Council AGENDA ITEM NO.: 08/22/05 – 7A DEPARTMENT OF ORIGIN: Electric Department DATE SUBMITTED: 08/17/05 PREPARED BY: Steven R. Sax, Electric Director SUBJECT: SCADA Remote Terminal Units (RTUs) REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager and Finance Director EXHIBITS: N/A. TOTAL EXPENDITURE REQUIRED: $ 26,680 AMOUNT BUDGETED: $28,000 FUNDING SOURCE (Dept/Page in CIP & Budget): 2005-2006 Draft Budget, Electric I & E Fund, Page 134 TIMETABLE: Issue purchase order upon Council approval; installation to be completed upon delivery of units. RECOMMENDED ACTION: Staff recommends issuing a purchase order to the sole vendor, Siemens Power Transmission & Distribution, Inc., in the amount of $26,680, for the purchase of three (3) RTUs (Warehouse Substation - $7,662; Parkland/Vansant Substation - $7,662; St. Jones Substation - $11,356). BACKGROUND AND ANALYSIS Approval is being requested to purchase three (3) SCADA Remote Terminal Units (RTUs) for the following locations: Warehouse Substation, Parkland/Vansant Substation, and St. Jones Substation. Only two (2) RTUs are reflected in the CIP; however, due to a cost reduction/savings, staff is able to purchase three (3) RTUs under the original amount budgeted. RTUs provide information from field locations back to the Electric Department’s SCADA System. If these input devices fail, there is a loss of information, which causes a loss of control of the system. Outages, property loss, and loss of life could result due to the loss of the input from a failed RTU unit. The proposed RTUs will replace old ones that are no longer supported by the manufactures; additionally, spare parts are no longer being manufactured. As these units fail, having parts custom-made is extremely expensive. A sole vendor is being recommended since the existing SCADA system is manufactured by Siemens Power Transmission & Distribution, and the RTUs communicate directly to SCADA.

ACTION FORM PROCEEDING: City Council AGENDA ITEM NO.: 8/22/05 – 8B DEPARTMENT OF ORIGIN: City Manager DATE SUBMITTED: 8//16/05 PREPARED BY: Anthony J. DePrima SUBJECT: Tax Assessment Contractual Services REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: N/A EXHIBITS: Schedule A “Time and Materials Rates” EXPENDITURE ESTIMATE: $21,000 AMOUNT BUDGETED: See Below FUNDING SOURCE (Dept./Page in CIP & Budget): Tax Assessor #110-1300 513- 30-31; 2005-2006 Draft Budget page 209. This was not a budgeted expense. Moneys for this expense will come from salary savings from the retirement of the Tax Assessor whose salary and benefits were budgeted for a full year. TIMETABLE: This contract will start within one week of Council approval and will stay in effect for six months or whenever a Tax Assessor is hired. RECOMMENDED ACTION: (1) Authorize City Manager to sign contract with Tyler Technologies’ Assessment & Tax Division for General Assessment/Appraisal Services at a rate of $700 per diem, and additional assessment services at the rates set forth in Schedule A attached; (2) authorize City Manager to transfer money from Salary lines in Tax Assessor’s budget to Contractual Services. BACKGROUND AND ANALYSIS The need for this contract is a result of the retirement of the Tax Assessor. The intent of the contract is to provide general assessment services during the period that the City is going through the recruitment and hiring period for a full-time assessor. General Assessment/Appraisal Services includes: Data Collection, Photography, Mapping, Sales Verification, Building Permit (new construction/demolition) Inspections, Appraisal, Field Value Review, Quality Control/Assurance, Database Analysis/Statistics/Reporting, Public/Client Meetings and Office Management activities. The proposed per diem cost for these services is $700 per day, inclusive of expenses. Tyler Technologies has estimated that the Dover workload will require approximately 30 days of service or 6 to 8 days per month. In addition to general service, Tyler Technologies will make professional assistance available for special projects as needed in accordance with the fees outline in Schedule A. This is a sole vendor contract for Tyler Technologies. It is being recommended due to the short-term nature of the contract and for continuity of service. Tyler Technologies was awarded the last contract and has been assisting the City to date under the 2004 contract. Under the contract the “City Responsibilities” are to provide access to City records and maps; provide office space; printing and postage; and equipment such as a phone, copier, computer, and camera. The contract calls for Tyler Technologoy to report and be directed by the City Manager who serves as the “Appraiser in Chief.”

Scope of Service – Schedule A____________________________ City of Dover, Delaware Assessor Services TIME AND MATERIALS RATES Services requested in writing by the City in addition to those covered in this Agreement will be provided by the Company at its prevailing time and material rates. These rates are updated from time to time and, in the event of change, will be provided to the City in writing on or about the first of each year. Invoices for services utilizing these rates will be submitted in accordance with Article IV of the Articles of Agreement. The Company's hourly Time and Materials Rates for calendar year 2005 are as follows: Off-Site On-Site Senior Company Officer $206.00 $257.50 Regional or Area Manager 175.00 218.75 Program Manager 150.00 187.50 Project Supervisor 145.00 181.25 Application DBA 195.00 243.75 Lead Programmer/Analyst 140.00 175.00 Senior Programmer/Analyst 125.00 156.25 Senior Appraiser 120.00 150.00 Senior Technical Writer 107.50 134.50 Intermediate Programmer/Analyst 107.50 134.50 Technical Writer 90.00 112.50 Junior Programmer/Analyst 90.00 112.50 Appraiser 82.50 103.00 Administrative Support 62.50 78.00 Data Collector 62.50 78.00 Data Entry Supervisor 62.50 78.00 Data Entry Operator 52.50 65.50 Clerical 52.50 65.50 Travel and other out-of-pocket expenses will be billed at direct cost. These rates are subject to periodic change. If Company staffing requirements are such that services must be provided using contract labor, whose cost basis is significantly above what is built into the Company’s Time and Materials rates, the T&M hourly rates for off- site work performed at Company offices on behalf of the City for said contractor will be computed to reflect the Company’s cost plus 25%; the on-site rates for work performed at the City site will be this cost plus a 50% premium. The Company will notify the City in advance when responding to a request using contract labor whose cost will exceed the above fee schedule.

FIRST READING AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 174 MIFFLIN ROAD WHEREAS, the City of Dover 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 permitted use of property described below from RS-1 - Single Family Residential (Kent County zoning classification) to R-8 - One Family Residence (City of Dover zoning classification). 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 Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from RS-1 - Single Family Residential (Kent County) to R-8 - One Family Residence (City of Dover zoning classification) on that property located at 174 Mifflin Road, owned by Mary Francis O'Connor. ADOPTED: * S:\ClerksOffice\Annexations\Annex-2005\174 Mifflin Road\Rezoning Ordinance - First Reading - 174 Mifflin Road.wpd

FIRST READING AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED WEST OF STATE ROUTE 1 AND ADJACENT TO OLD LEIPSIC ROAD AND LEIPSIC ROAD AND NORTH OF FINISH LINE DRIVE, CONSISTING OF SEVENTEEN (17) PARCELS TOTALING 11.08+/- ACRES WHEREAS, the City of Dover 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 permitted use of property described below from AR - Agricultural Residential (Kent County zoning classification) to RC - Recreation Commercial (City of Dover zoning classification) 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 Zoning Map and Zoning Ordinance of the City of Dover has been amended by changing the zoning designation from AR - Agricultural Residential (Kent County zoning classification) to RC - Recreation Commercial (City of Dover zoning classification) on that property located west of State Route 1 and adjacent to Old Leipsic Road and Leipsic Road and north of Finish Line Drive, consisting of seventeen (17) parcels totaling 11.08+/- acres, owned by Dover International Speedway, Inc. ADOPTED: * S:\ClerksOffice\Annexations\Annex-2005\Old Leipsic Road and Finish Line Road\Rezoning Ordinance - First Reading - Old Leipsic and State Line Rds.wpd

MEMORANDUM Department of Planning & Inspections P.O. Box 475 Dover, DE 19903 Phone: (302) 736-7010 Fax (302) 736-7177 DATE: August 17, 2005 TO: The Honorable Beverly Williams, President And Members of the Dover City Council FROM: James J. Galvin, Jr., AICP Director of Planning & Inspections RE: Rezoning Proposal for 12-16 Lincoln Street and 700-708 Forest Street On May 17, 2005, the Dover City Council considered the Comprehensive Rezoning proposal. The proposal was a result of the 2003 Comprehensive Plan Update to rectify the differences between the prospective Land Development Plan. The proposal was reviewed by the Planning Commission, which forwarded a recommendation to Council. In the Council’s public hearing, we heard from two property owners from the Westside Strategic Development Plan area, Misters Yelverton of 222 Railroad Ave. and Mr. Scott of Quality Auto Repair, Inc. at 604 Forest Street. The recommendation to Council was to rezone all properties IO Institutional Office Zone from the existing C-3 Service Commercial Zone. Upon the testimony of the property owners, the City Council voted to allow the three involved parcels to remain zoned C-3 and to rezone the balance of the Strategy area. Mr. Paul and Ms. Aiko Moore own the property known as the former Coke Plant at 12-16 Lincoln Street. Mr. Frank Moore and Paul Moore own 700-708 Forest Street. They have retained Mark Dunkle to represent them in their claim that the properties should not have been rezoned to IO Institutional Office at this time. The Staff acknowledges that the properties may be rezoned when the Westside Strategic Development Plan is implemented and these properties begin to redevelop for the office uses proposed. We wish to request the Planning Commission consider the circumstances and make their recommendation to the City Council on the potential rezoning of the properties to C-3 Service Commercial Zone. I am available to discuss this matter.

FIRST READING AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 700-708 FOREST STREET AND 12-16 LINCOLN STREET WHEREAS, the City of Dover 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 permitted use of property described below from IO (Institutional and Office) to C-3 (Service Commercial) 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 Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from IO to C-3 on that property located at 700-708 Forest Street and 12-16 Lincoln Street, owned by Frank R. Moore, Paul T. Moore, Paul T. Moore, Jr., Paul T. Moore Trustee, and Aiko Moore Trustee. ADOPTED: * S:\ClerksOffice\Rezonings\2005\700-708 Forest Street and 12-16 Lincoln Street\Ordinance.1st Reading.wpd