COUNCIL PACKET

REGULAR COUNCIL MEETING AGENDA January 11, 2010 - 7:30 P.M. - Council Chambers - City Hall - City of Dover OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.) INVOCATION BY CHAPLAIN WALLACE DIXON PLEDGE OF ALLEGIANCE 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 - Council Workshop of December 7, 2009 - Regular Council Meeting of December 14, 2009 2. Presentation - Recognition of Service - William J. DiMondi - Planning Commission (June 1992 through November 2009) 3. Snow Storm and Snow Removal Efforts 4. Rescheduling of Public Hearing/Final Reading - Rezoning Property located at 1051 College Road, owned by Lands of JNK, LLC, consisting of 4.32+/- acres, less a street right-of-way area consisting of 0.55+/- acres that divides the original tract into two pieces. These properties are currently zoned R-8 (One-family Residence) and the proposed zoning is RG-2 (General Residence). Due to inclement weather, this item was not able to be considered by the Planning Commission on December 21, 2009. It is recommended for referral to the Planning Commission on Tuesday, January 19, 2010 and that a Public Hearing be set for February 8, 2010 at 7:30 p.m. The First Reading of proposed Ordinance #2009-29 was accomplished during the Council Meeting of November 23, 2009. * 5. Special Safety Advisory and Transportation Committee Report - December 7, 2009 A. Presentation - Overview of New Emergency Operations Plan (Committee Action Not Required) B. Proposed Ordinance #2009-28 - Appendix B - Zoning, Article 6 - Off-street Parking, Driveways and Loading Facilities, Section 5 - Supplementary Regulations for Parking and Loading Facilities, Subsection 5.5 - Race Weekend Parking (See Item #11-A) (Committee Recommended Adoption of Proposed Ordinance #2009-28 with SA#1) C. Briefing on Delaware Department of Transportation (DelDOT) Projects (Committee Action Not Required) D. Briefing on City of Dover Projects (Committee Action Not Required) E. Briefing on Dover/Kent County Metropolitan Planning Organization (MPO) Projects (Committee Action Not Required)

Council Agenda - January 11, 2010 Page 2 * 6. Parks, Recreation, and Community Enhancement Committee Report - December 14, 2009 A. Authorization to Use Parkland Reserve Funds for Pitts Center Storage Room Addition (Committee Recommended Approval of Staff's Recommendation to Spend $40,000 from the Parkland Reserve Account for a Pitts Center Storage Room Addition) B. Proposed Ordinance #2009-30 - Correction to Appendix B - Zoning, Article 6 - Off-Street Parking, Driveways and Loading Facilities (See Item #11-B) (Committee Recommended the Adoption of Proposed Ordinance #2009-30) C. Updates (Committee Action Not Required) * 7. Utility Committee Report - December 14, 2009 A. Dedication of Rights-of-Way and Infrastructure - Seskinore (Committee Recommended Approval of the Dedication of the Rights-of-Way and Infrastructure for the Seskinore Development) B. Review of Utility Related CIP’s (Electric and Water/Wastewater) (October) (Committee Recommended Acceptance of the Report) C. PACE/NAES Monthly Report (October) (Committee Recommended Acceptance of the Report) 8. Legislative, Finance, and Administration Committee Report - December 14, 2009 * A. Review and Recommendation - Filling Critical Positions - Police Officer (Committee Recommended that Staff Be Granted Permission to Recruit for the Position of a Police Officer, as Requested) * B. Assignment of Economic Development Division to Public Services (Committee Recommended Approval of the "Proposed Organizational Chart" Which Shows the City Assessor and City Planner Departments Reporting Directly to City Council and Moves the Economic Development Office to Public Services) C. Elimination of Medicare Part B Reimbursement (Committee Recommended Denial of Staff's Recommendation #1: Parity with the Unions - Eliminate the Medicare B Reimbursement for Non-bargaining Employees Retired after June 30, 2010) (Committee Recommended Denial of Staff's Recommendation #2: Place a Cap on the Medicare B Reimbursement Effective July 1, 2010 for All Current and Future Recipients; Currently $96.40 per Month) * 9. Monthly Reports - November 2009 A. Budget Report B. Chief of Police Report C. City Assessor Report D. City Manager’s Report E. City Planner’s Report F. Dover Fire Department Report G. CIP Report 10. Evaluation of Bids - Dover Air Force Base 69Kv Replacement

Council Agenda - January 11, 2010 Page 3 11. First Reading - Proposed Zoning Text Amendments The First Reading is offered on the following proposed ordinances. Since they are amendments to the Zoning Code, they are recommended for referral to the Planning Commission on Tuesday, February 16, 2010, and that a Public Hearing be set for Monday, March 8, 2010 at 7:30 p.m. and that the Second Reading and Final Action by Council take place at that time. Copies of all proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk’s Office. A. Proposed Ordinance #2009-28 with SA#1 - Appendix B - Zoning, Article 6 - Off-street Parking, Driveways and Loading Facilities, Section 5 - Supplementary Regulations for Parking and Loading Facilities, Subsection 5.5 - Race Weekend Parking (Safety Advisory and Transportation Committee) B. Ordinance #2009-30 - Correction to Appendix B - Zoning, Article 6 - Off-Street Parking, Driveways and Loading Facilities (Parks, Recreation, and Community Enhancement Committee) 12. Council Members Announcements /tm S:\ClerksOffice\PACKETS\2010\Council\01-11-2010\01-11-2010.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

COUNCIL WORKSHOP A Council Workshop was held on December 7, 2009 at 7:37 p.m. with Councilman Salters presiding in the absence of Council President Williams. Council members present were Mr. Leary, Mrs. Russell (arrived at 7:50 p.m.), Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, and Mr. Ruane. Council staff members present were Mr. DePrima and Mrs. McDowell. AGENDA ADDITIONS/DELETIONS Mr. McGiffin moved for approval of the agenda, seconded by Mr. Hogan and unanimously carried. Property Tax Relief and the Local Service Function Budget During the October 12, 2009 Parks, Recreation, and Community Enhancement Committee Meeting, members were provided an update on the Planning and Funding for the New Library. At that time, Mr. Ruane stated his feeling that once again, Kent County is assessing and collecting property taxes from the City of Dover, as well as other municipalities; however, they do not offer any relief for those taxes for common services. He suggested that members of Council consider another option, that being a Local Service Function Budget, and stated that, with the Clerk’s Office assistance, he would be providing further details regarding this matter for their review and consideration. Mr. Ruane reviewed a Presentation of Property Tax Relief and the Local Service Function Budget (Exhibit #1). He also referred to a chronology of efforts by the Dover City Council, Mayor, City Manager, Treasurer and Members of the Delaware General Assembly to Get Tax Relief for Dover Residents/Property Owners from 1967 through 2001 that was provided to members. Mr. Ruane explained that the purpose of the workshop was to discuss how equity can be achieved between overlapping local jurisdictions. Mr. McGlumphy noted that there is one (1) municipality in New Castle County that has a Local Service Function Budget and two (2) that do not. As a taxpayer, he relayed concern and felt that this was an issue of fairness and, where there is a duplication of services, there is an unfair tax burden for being a resident of Kent County. Mr. Hogan thanked the numerous legislators that have, on various occasions, attempted to pass legislation to remove these inequities. He noted that this legislation would pass the House but always failed in the Senate. In addition to the concept of merging library services, it was his opinion that there were other duplicated services that could be merged to provide a cost savings to both the municipality and county. It was his feeling that the City and County should work together to discuss the many opportunities that could come to fruition and provide improvements for residents of both the County and City while, at the same time, assure that these residents are paying a fair amount for the services they are receiving. Responding to Mr. Slavin, Mr. Ruane confirmed that the issue does not only concern the City of Dover but other municipalities within Kent County as well. With regards to this being a constitutional issue, he noted that there was a taxpayer’s lawsuit filed in 1973 but in 1977 the suit was withdrawn by the City and dismissed. It was his opinion that the City may have withdrawn being optimistic that their goal could have been achieved through dialogue rather than through the

CITY COUNCIL WORKSHOP OF DECEMBER 7, 2009 PAGE 2 courts. He reminded members that in 1985 there was much dialogue between the City and County; however, the idea ultimately failed. Mr. Leary noted that this has been an issue that has constantly been brought up during the past 30+ years, which he felt is an indication that there is a problem and an issue that needs to be resolved. He suggested that members of Council move aggressively to resolve this issue, suggesting the possibility of working with the League of Local Governments since the issue involves other municipalities. Mr. McGiffin questioned how a resident is “cheated”, explaining that although he is a resident of the City he still benefits from the work of the County. It was his opinion that whether a resident is within an incorporated area or not, they are equally affected by the action or inaction of the county in which they live. However, he expressed his awareness of there being duplicate services and that there may be a need to improve efficiencies in this regard. Responding, Mr. Ruane explained that there is disproportionate funding and financing of certain services, explaining that residents of unincorporated areas are affected more by the actions or inactions of the county than a resident of incorporated areas. Mr. McGlumphy referred to the duplication of services and, having been involved in the school system for several years, he reminded members of the concerns regarding consolidation within the local school districts to achieve cost savings and efficiencies to be produced by the potential of consolidation. It was his feeling that this is similar with the governments and considering that there are various duplications of services, there is a need to review these for cost effectiveness and efficiency. He felt that it would be a disservice to the residents of Dover if Council did not pursue this issue and take it as long as possible in an attempt to provide them with tax relief. Mrs. Nancy Wagner, former State Representative, advised members that she was primary sponsor of the legislation which was passed by the House. Although this legislation was passed by the House on several occasions, she stated that it would fail in the Senate. She explained that members of Council were elected to represent the citizens of Dover and that several members of the Senate were elected to represent a large portion of County residents and to take action accordingly, which would be to prevent their constituents from paying higher taxes. She stated that the issue is to convince the Senators that it is in the best interest of their constituents and that it may not be from their perspective. Mrs. Wagner suggested that members keep this in mind when moving forward and suggested that it would be more helpful to consider establishing partnerships between the City and the County. It was her opinion that it will take a concerted effort of working collegially between the County Commissioners and City Council to come to a resolution as opposed to a legislative solution. Mr. N. C. Vasuki, City of Dover Resident, advised members that he moved to the City of Dover in 1970 for good quality services and he has been willing to pay the necessary taxes for these services. He stated that residents expect certain services to be provided for the taxes that they pay. Having attended a recent Levy Court meeting, he advised members that a Commission member submitted a Resolution for the continuation of studying the Library consolidation concept, however, no other member would provide a second to allow for further discussion. When this occurred, he stated that

CITY COUNCIL WORKSHOP OF DECEMBER 7, 2009 PAGE 3 he began investigating what services are provided by the County for which he pays taxes and determined that there is very little. He urged members to pursue this goal to create some equity in the way the residents are taxed and the services that are provided. Unfortunately, Mr. Vasuki stated that, with the exception of two (2) members, the remaining five (5) County Commissioners do not seem to care about reviewing the situation any further. Unless City Council takes a stand and forces the issue, it was his feeling that there would be no action taken by the Commissioners since they have no need to discuss the issues with the City residents paying for 27% of their budget and there is no need to take action to satisfy their residents’ needs. Concurring with Mrs. Wagner, Mr. Vasuki stated that a political solution may not be the best alternative and suggested that if the County Commissioners are not willing to work towards a resolution, the City should attempt to find relief from the justices and take the matter to court. Mr. Ruane relayed appreciation to Mr. Vasuki for bringing this issue to the City and conducting research on the matter. Senator Brian Bushweller stated that fair taxation and the people’s perception of fair taxation is vitally important in a democratic system. He stated that if people do not feel they are being treated fairly, it damages the peoples’ support and respect for their government, which is very important. He advised members that he represents residents in four (4) incorporated municipalities in his district: Dover, Camden, Wyoming, and Little Creek, with Dover being the largest. Should Council decide to move forward regarding this issue, he stated a desire to work with the City. In addition, Senator Bushweller stated he would like to discuss the matter with the other Mayors and Councils of the other municipalities that he represents. With regards to New Castle County, it was his feeling that there is a different distribution of power between the incorporated municipalities and the unincorporated areas, especially in terms of population. The incorporated areas of New Castle County comprise a greater percentage of the county than the incorporated areas of Kent County. This is reflected in the legislative representation, particularly in the Senate representation in the General Assembly. He felt that one of the reasons the legislation has failed in the past is due to the lack of data presented supporting the actual effect of a local service function budget. In order to gain support from the legislators, he stated that specific data would be necessary. Senator Bushweller stated that President Banta of the Levy Court recently indicated that there would not be much of a difference in the tax rates so the County was not likely to consider such a tough issue. In addition, he advised members that there would be a bigger difference in the taxes for New Castle County since they are responsible for a Police Department. He stressed that the first step would be establishing a good factual basis upon which to either move forward or not. Senator Bushweller advised members that he has been considering introducing a Resolution to the Senate, preferably a joint or concurrent Resolution, calling for a study to be conducted to provide specific data with regards to this issue. Mr. Eric Buckson, Fourth District Levy Court Commissioner, stated his concern that there is an impression that Levy Court is opposed to discussing the issue. Although action has been taken with regards to the establishment of a Library Commission, there has not been any discussion with regards to the duplication of services and taxation and he welcomes the opportunity to move forward regarding this matter.

CITY COUNCIL WORKSHOP OF DECEMBER 7, 2009 PAGE 4 Ms. Dorothy Lyons, 707 McGinnis Drive, stated that the Presentation provided indicated that there clearly are areas of duplication of services and expressed her feeling that there is a need to obtain specific data to present to the Levy Court Commissioners. Noting that the City of Dover is only one (1) of 20 incorporated areas within Kent County, she questioned if there has ever been an effort to bring all incorporated areas together to make a presentation as one (1) entity. She felt that such an effort would prove to be beneficial for all. Mr. DePrima suggested that if this matter is discussed with other municipalities, the Presentation should be utilized as a tool since it has made a difficult issue much easier to comprehend. Mr. Ruane noted that a draft Resolution has been provided to members and will be presented for consideration during their Regular Meeting of December 14, 2009. Mr. McGiffin moved for adjournment, seconded by Mr. Hogan and unanimously carried. Meeting Adjourned at 8:51 P.M. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Workshop Meeting of December 7, 2009, are hereby approved. CARLETON E. CAREY, SR. MAYOR /TM/jg S:\ClerksOffice\Agendas&Minutes\Council-Minutes\2005\08-22-2005 Council.wpd Exhibits (Attached to original and file copy) Exhibit #1 - Presentation of Property Tax Relief and the Local Services Function Budget

REGULAR COUNCIL MEETING The Regular Council Meeting was held on December 14, 2009 at 7:30 p.m. with Council President Williams presiding. Council members present were Mr. Leary, Mrs. Russell, Mr. McGlumphy, Mr. Slavin, Mr. McGiffin, Mr. Hogan, Mr. Salters, and Mr. Ruane. Council staff members present were Police Chief Horvath, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Mr. DePrima, City Solicitor Rodriguez, Mrs. McDowell, and Mayor Carey. OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Williams declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action. There was no one present wishing to speak during the Open Forum. The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Mr. McGiffin moved for approval of the agenda, seconded by Mr. Salters and unanimously carried. Mr. Hogan requested that item #5C, Request of Dover Human Relations Commission to Remove Requirement that Members Resign Prior to Running for Other Office, be removed from the Consent Agenda. Mr. Salters moved for approval of the Consent Agenda, as amended, seconded by Mr. McGiffin and carried by a unanimous roll call vote. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 23, 2009 The Minutes of the Regular Council Meeting of November 23, 2009 were unanimously approved by motion of Mr. Salters, seconded by Mr. McGiffin and bore the written approval of Mayor Carey. PRESENTATION - ANNUAL REPORT OF THE DOWNTOWN DOVER PARTNERSHIP Downtown Dover Partnership members Mr. Gary Patterson (President), Mr. Gregg Moore, Ms. Laura Simmons (Design Committee Chair), Mr. Gerri Street (Economic Development & Restructuring Committee Chair), Mr. Tom Smith (Parking Committee Chair), Ms. Robin Coventry, and Dr. William Johnston (Vice President) each provided a portion of the Presentation of the Annual Report of the Downtown Dover Partnership (Exhibit #1). At the conclusion of the presentation, the Partnerships marketing video was provided. Mr. Salters moved for acceptance of the report, seconded by Mr. Hogan and unanimously carried.

CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 2 PROPOSED RESOLUTION NO. 2009-23 - PROPOSING ADOPTION OF A LOCAL SERVICE FUNCTION BUDGET FOR KENT COUNTY During the Council Workshop of December 7, 2009, members were provided a presentation on the Local Service Function Budget concept for Kent County. In an effort to move forward with the pursuit of a Local Service Function Budget for Kent County, Resolution No. 2009-23 was presented for Council’s consideration, as read into the record by the City Clerk. Mr. McGiffin stated that for a City resident to pay County taxes for services that they cannot benefit from due to their City residency appears to be unjust and warrants remediation; however, he stated that he is hard pressed to identify much in the way of these types of services. Mr. McGiffin noted that City residents probably do not directly benefit from County Code enforcement or animal control; however, he felt that he benefitted from his County tax dollars because he has an interest in emergency medical services and planning, and he feels a responsibility to pay for those services as a member of the Kent County community. Mr. McGiffin advised members that he could possibly be persuaded otherwise if numbers supporting the theory were provided. Mr. McGiffin stated that there were remarkable differences between New Castle County and Kent County, such as New Castle County’s Police Department. He also noted that the character of the two counties is very different. Mr. Hogan moved to suspend the rules to allow public input on the matter, seconded by Mr. Slavin and unanimously carried. Mr. N. C. Vasuki, 235 Carnoustie Road, stated that we all pay taxes to different levels of government and we all look for equity in taxes and services. He noted that the inequity is growing, and the last County tax increase made no sense to property owners in the City of Dover. According to the County’s FY 2008 Audit Report, the County has a lot of money set aside and collects 27% from City residents, yet they were unwilling to assist the City with the Library project. Mr. Vasuki stated that the City and the County have cooperated in the past with projects, such as the sewer system and the paramedic service. Mr. Vasuki stated that residents need to question what they are paying taxes for, how is it being spent, what does the future hold, and what are they getting for their money. Mr. Ron Smith, 252 Carnoustie Road, stated that this issue dates back to the mid 1960's when New Castle County had the original law passed by the General Assembly. He noted that, at that time, New Castle County needed their chapter of the Delaware Code re-written to change their form of government from a Levy Court system to a Council form of government with an executive, and they needed the support of Wilmington, Newark, and other towns to have the legislation passed; therefore, they traded off by supporting the Local Service Function Budget. Mr. Smith noted that, looking at the County’s budget, it is difficult to determine where the property tax, which represents 1/3 of their stream of revenue, is actually being used to subsidize an issue or if the departments are being funded by user fees. He noted that, in some years, the Building and Inspections Department has been funded 100% through user fees. Clearly, not all property taxes are being used to operate; however, there are inequities and, if the towns could come together and the

CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 3 numbers could be determined with some precision, there could be a change of as much as a five (5) cent difference in the property tax. It was his feeling that there never has been and never would be support from the County with regard to this issue. Mr. Smith stated that the County is required to assess properties in order to assess the school tax. The City chooses to reassess and could avoid the duplication if it desired to. Mr. Smith noted that similar State Legislation has passed in the House of Representatives as many as five (5) times but has never passed in the Senate. Responding to Mr. Salters, Mr. Smith stated that several key legislators represent the unincorporated areas in the County and they control the process. He believes that, until they are willing to address the issue, it will not pass in the Senate. Mr. Steve Artz stated that he owns three (3) properties and he pays County taxes on all of them and City taxes on two (2). He feels that, personally, it would be beneficial to lower the City taxes; however, from a business standpoint, he would prefer that the City and County not argue over the issue because of the effect that it has on businesses locating and remaining within the City. Mr. Ruane suggested that this issue not be viewed in terms of cents but rather in terms of inequity. He clarified that the tax reduction would be more than a few cents for the average home and more for commercial properties. Mr. Ruane stated that the Local Service Function Budget is not unique to Delaware. Mr. Hogan moved to table the matter until meetings are held with each municipality in Kent County and actual numbers are determined, seconded by Mr. Leary. Mr. Slavin stated that, although he valued the dialogue that could occur with other municipalities, he felt that it would be impossible to bring ten (10) different municipalities together on the issue when they cannot even get an audience with the County government. He noted that it is not a matter of dollars, it is a matter of justice. The motion to table failed by a roll call vote of six (6) no, and three (3) yes (Mrs. Russell, Mr. McGiffin, and Mr. Hogan). By motion of Mr. Ruane, seconded by Mr. Slavin, Council adopted Resolution No. 2009-23 by a roll call vote of seven (7) yes, and two (2) no (Mrs. Russell and Mr. McGiffin), as follows: A RESOLUTION PROPOSING ADOPTION OF A LOCAL SERVICE FUNCTION BUDGET FOR KENT COUNTY WHEREAS, the City of Dover provides many local service functions to its residents that are duplicated by Kent County; such as, planning, zoning, engineering, assessments, mapping, code enforcement, parks and recreation, and library; and WHEREAS, the City of Dover also provides many other local service functions to its residents not furnished by Kent County, such as police protection, fire protection, licensing, street maintenance, street cleaning, street lighting, snow removal, trash collection, and ambulance services; and

CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 4 WHEREAS, these local service functions provided by the City of Dover are largely financed by taxation of real property within the corporate limits of the City of Dover and WHEREAS, Kent County also assesses and collects real property taxes from property owners of the City of Dover without offering relief from county taxation for local service functions provided by the City of Dover which are financed by the same taxpayers; and WHEREAS, double taxation of property owners in the City of Dover for the same or similar functions is inequitable and unjust and the City of Dover has sought to have the Levy Court of Kent County give recognition to the local services concept and give tax relief to residents of Dover and other incorporated municipalities that provide local services; and WHEREAS, the General Assembly of the State of Delaware has granted New Castle County local service function legislation that provides relief to taxpayers of municipalities where local service functions are furnished; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That a bill be prepared for introduction in the State Legislature authorizing and directing Kent County to prepare its annual budgets in accordance with the Local Services Function Concept. 2. That our State Senators and Representatives be requested to sponsor and support the passage of such legislation. 3. That the Levy Court of Kent County and all incorporated municipalities in the county be furnished a copy of this Resolution. 4. That the Levy Court of Kent County and all incorporated municipalities in the county be requested to support the passage and approval of such legislation. ADOPTED: DECEMBER 14, 2009 UTILITY COMMITTEE REPORT - NOVEMBER 23, 2009 The Utility Committee met on November 23, 2009 with Chairman Ruane presiding. Water/Wastewater Alternative Forecasts - Combined Revenues and Capital Improvement Projects (CIP) Mrs. Mitchell, Controller/Treasurer, reminded members that during their meeting of June 1, 2009, members were provided a review of the 5-Year Financial Forecast for the Water/Wastewater Fund. At that time, she had provided members with “Alternative Forecasts - Combined Revenues and CIP” developed by staff; however, due to time constraints, it was requested that the alternatives be presented to the committee at a future meeting to allow for further discussion and consideration. Mrs. Mitchell stated that the Updated Forecast was as of November 23, 2009 and noted that the original FY 2009 actual amounts have been included rather than the budgeted amounts for FY2009. She briefly reviewed and explained the Updated Forecasts. Mrs. Mitchell provided members with

CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 5 Table 7 of the CIP - 05/13/2009 with 20 Year Bonds and indicated that the orange highlights represent those projects that are funded either by the revolving fund loan with the State of Delaware or the City’s Bond Issue. All projects not highlighted are “PayGo” Projects (“pay as you go”), which are paid for by the transfers from the Improvement & Extension Fund. The blue highlights represent those projects that are funded through State grants. Noting that the financial forecast is based on all remaining projects included in the CIP, Mr. Ruane suggested that members first determine if any of the projects should be deleted or deferred. The Committee recommended that staff continue to move forward with the Capital Improvement Projects for the Water/Wastewater Fund as presented for the period 2010 through 2014. The Committee recommended acceptance of the projected rates for Fiscal Years 2011-2014 as a planning tool for the City’s budget process. By consent agenda, Mr. Salters moved for approval of the Committee's recommendations, seconded by Mr. McGiffin and carried by a unanimous roll call vote. PACE/NAES Monthly Report (September) Members were provided the PACE/NAES Monthly Report for September. The report was provided to allow members the opportunity to monitor what is being sold in electric and the revenues received, which will give members a better understanding of any fluctuations and make improvements if deemed necessary. Although it was not staff’s intention to make a presentation of the report, they welcomed any questions. The Committee recommended acceptance of the report. By consent agenda, Mr. Salters moved for approval of the Committee's recommendation, seconded by Mr. McGiffin and carried by a unanimous roll call vote. By consent agenda, Mr. Salters moved for acceptance of the Utility Committee Report, seconded by Mr. McGiffin and carried by a unanimous roll call vote. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - NOVEMBER 23, 2009 The Legislative, Finance, and Administration Committee met on November 23, 2009 with Chairman McGlumphy presiding. Review and Recommendation - Filling of Critical Positions During their meeting of February 23, 2009, members recommended approval of the Hiring Freeze for Fiscal Year 2008-2009, but to allow the hiring of critical positions through the review and approval of the Legislative, Finance, and Administration Committee and City Council. It was suggested that there be a “standing” agenda item to consider the filling of critical positions and, if there are no positions to consider, the item could be removed.

CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 6 Librarian II Mr. Anthony DePrima, City Manager, reviewed the request to recruit for a Librarian II - Head of Adult Services position. He noted that, should an in-house candidate (Librarian I) be promoted to Librarian II, staff requested authorization to fill a Librarian I position. He noted that several positions within the Library are currently vacant, including the Assistant Library Director, and rather than filling those positions, Mr. DePrima explained how library services have been affected as a result of the vacancies and the need for the Librarian II position. The Committee recommended that staff be permitted to fill the position of Librarian II. By consent agenda, Mr. Salters moved for approval of the Committee's recommendation, seconded by Mr. McGiffin and carried by a unanimous roll call vote. MAG Overview of Recommendations (Tabled by Committee on November 9, 2009 Due to Time Constraints) Mr. Anthony DePrima, City Manager, reminded members that during the committee meeting of November 9, 2009, members reviewed a revised version of Exhibit #5 from the MAG Study. Previous to this, members had been reviewing recommendations contained in Exhibit #1. At this time, he requested that the Human Resources Director continue reviewing the recommendations. Mrs. Kim Hawkins, Human Resources Director, referred to Exhibit #1 and noted that Recommendation #12 is the next item to be reviewed by members. Responding to Mr. Salters, Mr. DePrima explained that, although members have already conducted a total review of Exhibit #1, department heads have since made comments or suggestions which are being presented for the committee’s review at this time. Mr. Ruane noted that Recommendations #3 and #17 may be conflicting. He indicated his support for requiring quarterly reviews and explained the necessity and obligation of supervisors in this regard. Responding, Mr. DePrima stated that Recommendation #17 would be updated to reflect Recommendation #3. It was his opinion that when presented to Council, Recommendation #3 would be modified to reflect a requirement for quarterly reviews when poor performance of an employee is a concern. Dr. Jones suggested that if an employee is not performing and may be in danger of disciplinary action, whatever is expected of the employee should be clearly communicated and signed by all involved parties so that there is no question later if disciplinary action is taken. Mr. DePrima assured members that there are procedures for communicating the expectations of employees prior to taking disciplinary action. Mr. Salters suggested that there be a note included in Recommendation #3 to reflect the requirement of providing an employee an improvement plan. Mr. McGlumphy referred to the PFP 2004-2008 Distribution Chart provided to members and noted that the majority of employees obtain a “commendable” score. In response to a request of Mr. McGlumphy, Mr. DePrima stated that he would obtain information regarding supervisors who have not completed evaluations for their employees.

CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 7 Mr. McGlumphy relayed his concern with the manner in which positions are evaluated and scored, and how certain points are assigned to grade positions, noting that MAG utilizes a “positional factor analysis”. Responding to Mr. McGlumphy, Mr. DePrima suggested that the document be forwarded to Council for adoption. It was his opinion that the document will allow the City to get back on track and that the employees will appreciate this opportunity. Mr. McGlumphy requested that staff schedule meetings to discuss the document with employees to assure their understanding and provide them the opportunity to comment before its presentation to Council. He requested that the City Clerk send out notices of the meetings that have been scheduled to allow for employees to comment on issues of concerns to Council. The Committee recommended tabling the matter until the meetings have been held with employees. By consent agenda, Mr. Salters moved for approval of the Committee's recommendation, seconded by Mr. McGiffin and carried by a unanimous roll call vote. Request of Dover Human Relations Commission to Remove Requirement that Members Resign Prior to Running for Other Office Members were provided a request of the Dover Human Relations Commission (DHRC) to consider removing the requirement that members of the Commission resign prior to running for other office (in accordance with Section 58-32(d) of the Dover Code). At the request of Mr. McGlumphy, Mrs. McDowell, City Clerk, read into the record an email from Dr. Sam Hoff, Chair of the Human Relations Commission, dated November 23, 2009. In addition, Mrs. McDowell read into the record an email from Mr. Steve Artz, dated November 23, 2009. Mr. Leary and Mr. Hogan indicated their objections to the request and suggested the possibility of instituting this requirement for all committees and commissions of the City of Dover. Mr. Ruane indicated his involvement with the creation of the Dover Human Relations Commission and his understanding that at the time, it was felt that the members of the DHRC would be involved in very sensitive mediation roles and areas of confidentiality in terms of complaints. It was felt that once an individual inserts themselves into an election process, they begin to “serve two masters”, and are worried about constituents, votes, etc. He stated that the thought was that such a situation could impair a members objectivity and/or present a notion of conflict. He also indicated his objection to the request. The Committee recommended denial of the request of the DHRC to remove the requirement that members resign prior to running for other office. Mr. Hogan moved to suspend the rules to allow public input on this issue, seconded by Mr. Leary and carried with Mr. Leary voting no.

CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 8 Dr. Sam Hoff, 813 Maple Parkway, stated that 50 members in the last eight (8) years have volunteered their services and, of them, only two (2) have had to step down due to candidacy for office. He noted that anytime someone steps down it impacts the Commission. Dr. Hoff suggested two (2) alternatives, as follows: 1. Excise the rule to allow members to step down while running for office and to return to their position once the election is over, contingent upon Mayor or Council approval; or 2. Apply the rule to all City elected or appointed positions. Mr. Hogan stated that he agreed that the rule should apply to all positions and suggested that such a proposal be brought forward to the Legislative, Finance, and Administration Committee for consideration. Mr. McGiffin concurred with Mr. Hogan’s suggestion. Mr. Hogan moved for approval of the Commitee’s recommendation to deny the request of the DHRC to remove the requirement that members resign prior to running for other office. The motion was seconded by Mr. Leary and carried by a roll call vote of seven (7) yes, and two (2) no (Mr. Slavin and Mr. McGiffin). Assignment of Economic Development Division to Public Services Mr. Anthony DePrima, City Manager, reminded members that City Council recently approved code amendments removing the City Manager from administrative oversight of the City Planner and City Assessor. Prior to having an Economic Development Office, economic development efforts were managed and coordinated by the City Manager, often in cooperation with the Mayor. When the Economic Development Office was created in FY 08-09, it was placed within the Public Services Department under the Planning and Community Development Department, which was under the administration of the City Manager. Mr. DePrima explained that it was recommended that the Economic Development Office be placed in the Planning and Community Development Department by the City Manager for the following four (4) reasons: 1) It would continue to be under the City Manager’s Administration; 2) The creation of the office was a recommendation of the Comprehensive Plan; therefore, its start up is a part of the Comprehensive Plan Implementation; 3) The planning skills of the City Planner were suited for developing the initial goals and benchmarks for the office; and 4) The City Planner and her staff played an important guiding and supporting role with the Parking Authority, Main Street, and DDDC, and overseeing the transition to the Downtown Partnership was best placed under the City Planner. At this time, Mr. DePrima suggested that the Economic Development Office be retained within the Public Services Department and under the administration of the City Manager. He explained that the change would allow for the traditional role of the City Manager to continue and bring his many years of experience to bear. This is also true for the Public Services Manager and, most importantly, it will ensure that the other departments under the City Manager will be synchronized with the economic development effort. Lastly, he stated that, while the Planning and Community

CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 9 Development Department has an excellent record of objectivity, this move will reduce any perceived “conflict of interest” that may arise when the City Planning staff makes recommendations to the Planning Commission or City Council regarding projects submitted or promoted by the Economic Development Office. Mr. DePrima noted that the Planning and Community Development Department has done a good job of starting up the office and would continue to play an important role in economic development. The department will continue to be responsible for the Economic Development Chapter of the Comprehensive Plan, which serves as the City’s Economic Development Policy. The City Planner will continue to be a member of the Downtown Dover Partnership and the staff will continue to support the work of the DDP. Staff recommended approval of the “Proposed Organizational Chart” which shows the City Assessor and City Planner Departments reporting directly to City Council and moves the Economic Development Office to Public Services. Responding to Council President Williams, Mr. DePrima stated no objections to the City’s Economic Development Office being directly under the City Manager rather than through the Public Services Department. Council President Williams also relayed concerns with the number of employees charged with economic development within the City of Dover, as well as the Kent County Economic Development Office. She indicated her feeling that the City is overstaffed in terms of economic development and her opposition to the request. Mr. DePrima relayed disagreed that there is a duplication of service between Kent County and the City of Dover and, since the City is currently committed to having an Economic Development Office, it was his feeling that it should be under the City Manager’s administration. Although he would prefer for the position to remain under the Public Services Department, he has no objections to its placement directly under the City Manager. Due to time constraints, the Committee recommended tabling the matter to allow for further discussion. By consent agenda, Mr. Salters moved for approval of the Committee's recommendation, seconded by Mr. McGiffin and carried by a unanimous roll call vote. Mr. McGlumphy moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and unanimously carried.

CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 10 MONTHLY REPORTS - OCTOBER 2009 By motion of Mr. Salters, seconded by Mr. McGiffin, the following monthly reports were accepted by consent agenda: Budget Report Chief of Police Report City Assessor Report City Manager's Report City Planner’s Report Dover Fire Department Report CIP Report EVALUATION OF BIDS - US 13 WEST SANITARY SEWER INTERCEPTOR The FY-2009 Operating Budget for the Public Utilities Water/Wastewater Management Division included a capital project to install 5,630 linear feet of new gravity sewer main from the entrance road of Dover Downs, Inc. to the west end of West Rustic Lane. The proposed gravity sewer interceptor will allow the City to immediately abandon the existing Schwartz Pumping Station, which is adjacent to US Route 13, and allow further gravity sewer extensions to the surrounding area. This project will also allow for the rerouting of the Delaware State University (DSU) pump station force main. The following bids were received for the proposed project: Contractor Location Amount of Bid Daisy Construction, Inc. Newport, DE $3,131,060.00 Eastern States Const. Services, Inc. Landenberg, PA $2,308,800.00 Teal Construction, Inc. Dover, DE $2,728,698.00 Staff recommended awarding a construction contract to the low bidder, Eastern States Construction Services, Inc., in the amount of $2,308,800 for the construction of the US 13 West Sanitary Sewer Interceptor and to authorize the Finance Department to execute the loan agreement between the City of Dover and the Delaware Water Pollution Control Revolving Loan Fund Program. Mr. McGiffin moved for approval of Staff’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote. EVALUATION OF BIDS - FOX HALL/RETREAT FORCE MAIN REROUTING The FY-2009 Operating Budget for the Public Utilities Water/Wastewater Management Division included a capital project to reroute the Fox Hall Pump Station Force Main. This project currently serves Fox Hall and The Retreat residential subdivisions and serves an estimated total population of 1,110. The project will divert flows from the Walker Road Pump Station to the McKee Road Pump Station, which will improve efficiency, reduce energy consumption in both stations, allow for future growth within the Walker Road basin and will also reduce future repair costs at the Walker Road Pump Station while increasing pump capacity of the Fox Hall Station.

CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 11 The following bids were received for the proposed project: Contractor Location Amount of Bid Brandywine Construction Co., Inc. New Castle, DE $197,785.00 Eastern States Const. Services, Inc. Wilmington, DE $367,451.00 Teal Construction, Inc. Dover, DE $208,208.00 Technivate, Inc. Landenberg, PA $179,981.00 Staff recommended awarding a construction contract to the low bidder, Technivate, Inc., in the amount of $179,981 for the rerouting of the existing Fox Hall/Retreat Force Main and to authorize the Finance Department to execute the loan agreement between the City of Dover and the Delaware Water Pollution Control Revolving Loan Fund. Mr. Hogan moved for approval of Staff’s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. EVALUATION OF BIDS - ACORN LANE PUMP STATION REPLACEMENT PROJECT The Acorn Lane Pumping Station Replacement Project includes the replacement of the existing Smith & Loveless wet well mounted package pumping station which was originally installed during construction of the Independence Village subdivision in 1978. The station has exceeded its life expectancy of 20-25 years and the station capacity will shortly be exceeded with the addition of 500 new contributing homes (Patriot Village, Lexington Glenn, and Clearview Meadows). The City of Dover has identified the existing Acorn Lane Package Pump Station as having insufficient capacity to convey future flows from the Acorn Lane drainage basin to the downstream White Oak Farms Pumping Station. The new pump station will connect to the existing 10" force main and will continue to pump 3,533 L.F. to the White Oak Road Pumping Station. The following bids were received for the proposed project: Contractor Location Amount of Bid Brandywine Construction Co, Inc. New Castle, DE $274,000.00 Eastern States Const. Services, Inc. Landenberg, PA $329,875.00 Zober Contracting Services, Inc. Dover, DE $324,628.39 Staff recommended awarding a construction contract to the low bidder, Brandywine Construction Company, Inc., in the amount of $274,000 for the replacement of the existing Acorn Lane Package Pump Station and to authorize the Finance Department to execute the loan agreement between the City of Dover and the Delaware Water Pollution Control Revolving Loan Fund. Mr. Leary moved for approval of Staff’s recommendation, seconded by Mr. Hogan and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 12 EVALUATION OF BIDS - DELAWARE STATE UNIVERSITY (DSU) PUMP STATION REPLACEMENT PROJECT The City of Dover has identified the DSU Pumping Station as having insufficient capacity to convey future flows from the Delaware State University campus drainage basin to the DelTech Pumping Station, which discharges its flows into the McKee Run Pumping Station. The station was originally installed in 1975 and is located in the southwest corner of the Delaware State University campus, approximately 300 feet from Silver Lake. The new pump station will connect to the existing 8" force main and will continue to pump 3,860 L.F. to the existing DelTech Pumping Station. The following bids were submitted for the proposed project: Contractor Location Amount of Bid Brandywine Construction Co, Inc. New Castle, DE $279,000.00 Eastern States Const. Services, Inc. Landenberg, PA $305,600.00 Zober Contracting Services, Inc. Dover, DE $338,583.96 Saff recommended awarding a construction contract to the low bidder, Brandywine Construction Company, Inc., in the amount of $279,000 for the replacement of the existing Delaware State University (DSU) Pumping Station and to authorize the Finance Department to execute the loan agreement between the City of Dover and the Delaware Water Pollution Control Revolving Loan Fund. Mr. Salters moved for approval of Staff’s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote. APPOINTMENT RECOMMENDED BY MAYOR CAREY - DOVER PLANNING COMMISSION - MICHAEL J. AMBRUSO (TO FILL UNEXPIRED TERM OF WILLIAM J. DIMONDI - TERM TO EXPIRE JUNE 2012) Mayor Carey recommended the appointment of Michael J. Ambruso to serve on the Dover Planning Commission for a term to expire June 2012 (to fill the unexpired term of William J. DiMondi). By consent agenda, Mr. Salters moved for approval of the appointment of Michael J. Ambruso, as recommended by Mayor Carey. The motion was seconded by Mr. McGiffin and carried by a unanimous roll call vote. FINAL READING - PROPOSED ORDINANCES The First Reading of the following proposed ordinance was accomplished during the Council Meeting of November 23, 2009. Proposed Ordinance #2009-26 - Reinspection Fee for Residential Rental Inspections (Chapter 22 - Buildings and Building Regulations and Appendix F - Fees and Fines) Mr. Salters moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. McGiffin and unanimously carried.

CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 13 By motion of Mr. McGiffin, seconded by Mr. Salters and carried by a unanimous roll call vote, Ordinance #2009-26 was adopted, as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 22 – Buildings and Building Regulations, Article X – Rental Dwellings, Division 1 - Generally, Section 22-332 - Inspection standards be amended to read as follows: Sec. 22-332. Inspection required. (a) The code enforcement office, in accordance with the procedures set forth in the International Property Maintenance Code adopted in section 22-221, shall inspect rental dwellings for compliance with the property maintenance code and all other applicable codes to ensure compliance. (b) Following an inspection, the code enforcement office shall issue a letter and/or report of any code violations and provide a timeline for compliance. There shall be no fee for the first follow-up inspection. Each subsequent reinspection shall be subject to a fee as provided for in Appendix F – Fees and Fines. BE IT FURTHER ORDAINED THAT: Chapter 22 – Buildings and Building Regulations, Article X – Rental Dwellings, Division 2 - Permit be amended to read as follows: DIVISION 2. PERMIT Sec. 22-352. Suspension. (a) Grounds; duration. The building inspector shall suspend the permit issued or withhold the permit paid for, pursuant to this division, when he determines that any dwelling or the premises surrounding the dwelling fails to meet the requirements of this chapter or any rule or regulation issued pursuant thereto. Suspension shall last until the violations have been corrected to the satisfaction of the building inspector, or the suspension shall have been reversed or appealed. (b) Notice of violations. Upon suspending any permit under this section or withholding the permit paid for, the building inspector shall notify the owner of the violations of the applicable code and shall prescribe a period in which the violation shall be corrected. (c) Appeal. Any owner or operator of any dwelling, whose permit to operate the structure is suspended by the building inspector pursuant to the procedures of this section, shall have the right to appeal and notice as provided in section 22-225.

CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 14 (d) Effect of appeal. Upon suspension of a permit, or withholding of a permit ordered by the building inspector and upon the permittee serving the city clerk with a notice of appeal pursuant to section 22-225, the permit suspension shall be stayed and an existing permit shall remain in force until the appeal is decided. BE IT FURTHER ORDAINED THAT: Appendix F – Fees and Fines, Chapter 22--Buildings and Building Regulations, Article X--Rental Dwellings, Division 1--Generally, Section 22-332 - Inspection required and Division 2 -- Permit, Section 22-351 - Generally, be amended to read as follows: Chapter 22--Buildings and Building Regulations, Article X--Rental Dwellings, Division 2--Permit Fines not paid within 14 days of the day the fine was issued, including the day the fine was issued, shall be automatically doubled in amount. Sec. 22-332 – Inspection required Subsec. (b) Reinspection fee (Not subject to doubling) First follow-up inspection $0.00 Each subsequent reinspection $50.00 per inspection Sec. 22-351--Generally If the permit fee is not paid on the date due, the permittee shall incur a penalty fee of ten percent per month of the amount of the license fee until the same is paid. Subsec. (a) Single-family dwellings, annual permit Single-family detached dwelling $90.00 each dwelling Single-family attached dwelling $70.00 each dwelling Subsec. (b) Multiple-family dwellings, annual permit Multiple dwellings consisting of three $90.00 (3) or less dwelling units $90.00 for the first three (3) Multiple dwellings consisting of four dwelling units and $30.00 (4) or more dwelling units for each additional dwelling unit in excess of three (3). Condominium units and accessory apartments located within structures $30.00 each principally used for owner occupancy A penalty fee in the amount of ten percent per month of Subsec. (c) Late payment penalty the amount of the license fee until the same is paid. Subsec. (d) Reinstatement fee $100.00 ADOPTED: DECEMBER 14, 2009

CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 15 Proposed Ordinance #2009-27 - Income and Expense Reports (Chapter 102 - Taxation, Article I - In General, Section 102-5) Mr. Salters moved that the Final Reading of the proposed ordinance be acknowledged by title only, seconded by Mr. McGiffin and unanimously carried. By motion of Mr. Salters, seconded by Mr. McGiffin, and carried by a roll call vote of eight (8) yes, and one (1) no (Mr. Hogan), Ordinance #2009-27 was adopted, as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 102 - Taxation, Article I - In General, Section 102-5 - Income and expense reports, be amended to read as follows: Sec. 102-5. Income and expense reports. The assessor shall require that all commercial/industrial income-producing property within the city limits of Dover complete and file annual reports of income and expenses on forms developed by the assessor. Failure to provide the assessor with an income and expense report will result in a fee, as provided for in Appendix F - Fees and Fines, which shall be added to the property tax. Income and expense reports will be mailed to property owners and will be due within 30 days of receipt of request by the assessor. BE IT FURTHER ORDAINED: That Appendix F - Fees and Fines, Chapter 102 - Taxation, Article I - In General, be amended to read as follows: Chapter 102 - Taxation, Article I - In General Sec. 102-2 Delinquent property tax collection costs Action to collect delinquent Fee of $50.00 added to amount due, plus Subsec. property taxes filed in a court court costs and service fees assessed by state (a) of appropriate jurisdiction or county offices Action proceeds and a writ of Additional fee of $100.00 shall be added to Subsec. venditioni exponas monition the amount due , plus court costs and service (b) or similar execution process fees assessed by state or county offices is filed Income and Expense Reports; Failure to Sec. 102-5 provide the assessor with an income and $100.00 fee expense report ADOPTED: DECEMBER 14, 2009

CITY COUNCIL MEETING OF DECEMBER 14, 2009 PAGE 16 COUNCIL MEMBERS ANNOUNCEMENTS Council President Williams reminded members that there would be no Council or Committee Meetings held on December 28, 2009 due to the holidays. Mr. McGiffin reminded members of the African American Festival being held on Saturday, June 26, 2010. Mayor Carey thanked the Capital City and Colonial Rotary Clubs for decorating vacant downtown buildings for the holidays. He also wished everyone a merry Christmas and happy New Year. Mrs. Russell announced that there would be a community holiday party for the youth at the YMCA on December 19, 2009 from 2:00 - 4:00 p.m. Mr. Leary moved for adjournment, seconded by Mr. Salters and unanimously carried. Meeting Adjourned at 9:10 P.M. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of December 14, 2009, are hereby approved. CARLETON E. CAREY, SR. MAYOR /TM S:\ClerksOffice\Agendas&Minutes\Council-Minutes\2005\08-22-2005 Council.wpd Exhibits Attached to Original Minutes and File Copy Exhibit #1 - Presentation - Annual Report of the Downtown Dover Partnership

MEMORANDUM Department of Public Services – Planning Office P.O. Box 475 Dover, Delaware 19903 Phone: 302.736.7196 Fax: 302.736.4217 Date: January 4, 2010 To: City Council From: Ann Marie Townshend, AICP RE: Proposed Rezoning – Lands of JNK, LLC at 1051 College Road Due to weather and road conditions, the Planning Commission meeting scheduled for December 21, 2009 had to be cancelled. All business scheduled for that agenda was deferred to the Planning Commission meeting scheduled for January 19, 2010. Because the December 28, 2009 City Council meeting was cancelled, and in an effort to prevent delay of the rezoning application of JNK, LLC located at 1051 College Road for an additional month, the Planning Office completed public notice for new public hearing dates for this application before these dates were officially set by City Council. In doing this, I consulted with the City Clerk and the City Council President to ensure that they were aware of this. A copy of the notice sent to property owners within 200 feet of the applicant is attached, and the hearings were also advertised in the Delaware State News on January 3, 2010. The dates published in the public notice are as follows: Public Hearing before the Planning Commission on Tuesday, January 19, 2010 at 7:00 p.m. Public Hearing and Final Action by City Council on Monday, February 8, 2010 at 7:30 p.m. If you have any questions, please let me know.

City of Dover December 21, 2009 Dear Property Owner Due to inclement weather the Planning Commission’s Public Hearing for the Rezoning for the Lands of JNK, LLC located at 1051 College Road, tax parcel # ED-05-067.00-01-35.03- 000, has been rescheduled from December 21, 2009 to Tuesday January 19, 2010 at 7:00pm. The Public Hearing and final action before City Council has been moved from Monday, January 11, 2010 at 7:30 p.m. to Monday, February 8, 2010 at 7:30 p.m. The request from the applicant is to amend the zoning district of the subject property from R-8 (One Family Residence Zone) to RG-2 (General Residence Zone). The rescheduled meeting will be held in City Council Chambers of City Hall (15 East Loockerman Street) and when this application is called you may appear either in person, or by agent or attorney, and present any comments. The papers are on file in the Office of the City Planner and are available for inspection. This Notice is sent to you by order of the Planning Commission. Sincerely, Department of Planning and Inspections Ann Marie Townshend, AICP Director of Planning and Community Development P. O. Box 475 Dover, DE 19903 Community Excellence Through Quality Service

SPECIAL SAFETY ADVISORY AND TRANSPORTATION COMMITTEE A Special Safety Advisory and Transportation Committee Meeting was held on December 7, 2009, at 5:30 p.m. with Councilman Hogan presiding in the absence of Chairman Slavin. Members present were Mrs. Russell, Mr. Davis, Mr. Harmon and Chairman Slavin (arrived at 5:41 p.m.). Councilman Ruane and Mayor Carey were also present. AGENDA ADDITIONS/DELETIONS Due to the unavailability of Mr. Laing, Mr. Hogan requested that Agenda Item #3, Briefing on Delaware Department of Transportation (DelDOT) Projects, be removed from the agenda. Mrs. Russell moved for approval of the agenda, as amended, seconded by Mr. Harmon and unanimously carried. Presentation - Overview of New Emergency Operations Plan Mr. Wayne Hutchison, Emergency Management Coordinator, reviewed a presentation entitled “ City of Dover Emergency Operations Plan” (Attachment #1). Responding to Mr. Hogan, Mr. Hutchison stated that the National Incident Management Systems (NIMS) passed the Post-Katrina Emergency Reform Act of 2006 to prepare nationally for NIMS compliancy. In response to Mr. Hogan, Mr. Hutchison confirmed that the City of Dover has an evacuation plan. Responding to Mr. Ruane, Mr. Hutchison stated that the reverse 911 system has a defined area when making phone calls about emergencies and that any recorded messages left for residents will be specific. Mr. Hutchison further explained that the State of Delaware has an Emergency Notification System (DENS), where home, work, or cell phone numbers can be registered for notification in the event of an emergency in the area. (City Clerk’s Office Note: The phone number is 1-866-484-3264). Mr. Slavin commented that he felt that the description that is displayed on caller ID should be more specific, since some people do not answer the phone if they do not know who is calling. In response to Mr. Ruane, Mr. Hutchison stated that, should a warning need to be issued, it would be the responsibility of the Incident Commander. Mr. Anthony DePrima, City Manager, explained that Mrs. Kay Dietz-Sass, Public Affairs Coordinator, has been involved in training, some at the national level, to become certified in Emergency Management. Mr. DePrima recognized the efforts of Mr. Hutchison and Officer Paul Bernat regarding the new emergency operations plan. Proposed Ordinance #2009-28 - Appendix B - Zoning, Article 6 - Off-street Parking, Driveways and Loading Facilities, Section 5 - Supplementary Regulations for Parking and Loading Facilities, Subsection 5.5 - Race Weekend Parking Mr. Wayne Hutchison, Emergency Management Coordinator, advised members that NASCAR racing is a large sport that draws tens of thousands of people to Dover two weekends each year. Over the past five years, the City has worked hard to improve the crowd management associated with

SPECIAL SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF DECEMBER 7, 2009 PAGE 2 this influx of visitors, as many race patrons camp in Dover in campgrounds owned and managed by Dover International Speedway. Mr. Hutchison stated that in recent years, many non-traditional campgrounds have emerged, including shopping center parking lots and property owners who allow race patrons to park on their property. In order to properly manage the influx of people, cars, and recreational vehicles, staff has proposed that the section of the Zoning Ordinance that addresses parking associated with auto racing events be amended to ensure that passenger vehicle parking areas and campground areas are managed in a way that preserves public health, safety, and welfare. The proposed changes would allow for the Fire Marshal’s Office, Police Department, Code Enforcement Division, and Fire Department to more effectively manage the influx of people and vehicles in the time surrounding the race events. Mr. Hutchison noted that, currently, property owners wishing to park passenger and/or recreational vehicles are not obligated to notify the City of their intention and, while there has been voluntary cooperation from many property owners, City emergency responders could potentially have no knowledge of a parking or camping location until after the fact or if an emergency occurs. Mr. Hutchison stated that having an ordinance that would require the property owner to obtain a permit from the City prior to parking passenger or recreational vehicles for race events would enable a review of the location and arrangement of such parking areas by the Fire Marshal’s Office and the Emergency Management Coordinator to ensure that means of egress, proper spacing between vehicles, emergency contact numbers, and site identification are provided. Responding to Mr. Hogan, Mr. Hutchison confirmed that all parking areas owned by Dover International Speedway have been mapped; however, there are several “mom and pop” parking areas that need to be mapped out as well to ensure access for emergency apparatus. In response to Mr. Harmon, Mr. Hutchison explained that there is a fee structure associated with the ordinance; however, there are no penalties at this time. Responding to Mr. Davis, Mr. Hutchison stated that Home Depot subcontracts the management of their parking lot to another party and that the City has a working relationship with that party. Mr. Mike Windows from the American Legion Walter L. Fox Post #2, 835 Bay Road, expressed concern about the cost to install crusher run in his parking lot to accommodate campers. Responding, Mr. David Truax, Fire Marshal, stated that weather conditions could impact the surface of the camping area and could create access issues for fire and emergency apparatus. He further stated that he would work with the owners of the parking areas on a case by case basis. In response to Mr. William Hare, 23 Woodburn Circle, Mrs. Ann Marie Townshend, Director of Planning and Community Development, stated that the fee structure includes only RV’s, not cars; however, the ordinance addresses parking locations of vehicles. Mr. Hogan moved to recommend adoption of Proposed Ordinance #2009-28 with SA#1 (Attachment #2), seconded by Mr. Davis and unanimously carried.

SPECIAL SAFETY ADVISORY AND TRANSPORTATION COMMITTEE MEETING OF DECEMBER 7, 2009 PAGE 3 Briefing on City of Dover Projects Mr. Scott Koenig, Public Services Manager, provided a briefing on City of Dover Projects, as follows: Wyoming Mill Road Project Mr. Koenig indicated that the design engineering phase of the project continues and the Delaware Department of Transportation (DelDOT) has identified a number of areas where they would like to secure permanent easements. He noted that they would be meeting with property owners for discussion. Mr. Koenig advised members that DelDOT is working through requirements with the National Preservation Act with regards to federal funding on highway projects. He noted that there is a funding gap and advised members that he has asked Senator Thomas Carper to earmark $700,000 to $800,000, in addition to the $1,500,000 already earmarked for this project. The additional funds are needed due to increased construction costs and more federal requirements. Mr. Koenig stated that he assumes that the additional earmarked funds will be approved and the project should begin during the construction season of 2010. Mr. Koenig stated that several constituents have talked to State Representatives regarding safety corridor concerns, including traffic volumes. He further noted that the Wyoming Mill Road Project is the number one transportation priority for City staff. Briefing on Dover/Kent County Metropolitan Planning Organization (MPO) Projects Ms. Juanita Wieczoreck, Executive Director of the Dover/Kent County Metropolitan Planning Organization (MPO), stated that her organization will be working with the City Planning Staff regarding the City of Dover bicycle/pedestrian plan. Ms. Wieczoreck advised members that the MPO is working on a preliminary investigation of the feasibility of extending the service road from Scarborough Road to Leipsic Road down to White Oak Road to create more southern access to Route 1. Mr. Davis moved for adjournment, seconded by Mr. Hogan and unanimously carried. Meeting Adjourned at 6:25 P.M. Respectfully submitted, Timothy A. Slavin Chairman TAS/RR/js/tm S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2009\12-07-2009 SPECIAL SA&T.wpd Attachments Attachment #1 - City of Dover Emergency Operations Plan Attachment #2 - Proposed Ordinance #2009-28

ATTACHMENT #1 SA&T Committee Meeting of 12/07/2009 City of Dover Emergency Operations Plan • Follows the National • It allows for us to build a Incident Management Command and General Staff System, (NIMS) to suite the size and type of • All Hazard Plan incident. • All employees must be • Activation of the EOP, trained in the NIMS format. Mayor, Council President, • Awareness, Operations, City Manager and the Supervisory and Command Emergency Management Coordinator ATTACHMENT #1 • Can be used for planned • The Police Chief, Fire Chief, events as well as emergency Public Utilities Manager situations and the Public Services Manager may also request SA&T Committee Meeting of 12/07/2009 that the plan be activated

National Incident Management System • An Incident Commander will be identified • Command and General Staff positions will be established as necessary. – Command Staff, Safety, PIO and Liaison – General Staff, Operations, Planning, Logistics, and Finance • The Command and General Staff will manage the incident by utilizing City, County, State, Federal and Private resources. • During a major incident a Unified Command Structure could be established, which would consist of a member from Police, Fire, Public Utilities and Public Services. This group would establish objectives, strategies and prioritize them throughout the incident.

Emergency Operations Plan • Operations Plan • Policy Statements – Purpose – Limitations – Scope – Suspension of Routine • Design Activities – Basic Plan – Households of Emergency Responders – Appendices – Non Discrimination – Annexes – Citizen Preparedness • Authorities • Review and Update – Local Government – Annual – State Government – Post Incident – Federal Government

Emergency Operations Plan • Situations and • Situations and Assumptions Assumptions continued – Hazards – Drinking water sources – Characteristics of Dover and intakes – Major Highways – Target Points for nuclear – Waterways attack – Chemical Using Facilities – Non‐English speaking Population – SARA Title III – Hearing Impaired – Fixed Nuclear Facilities Population

Emergency Operations Plan • Assumptions of • City of Dover assistance Emergency Operations – County, State, Federal Center and private – Operate under NIMS, ICS • Concept of Operations – Computer Hardware – General – Incident Commander – Phases of Emergency – Command and General Management Staff – Direction and Control – EOC organizational chart – EOC location and capabilities

Emergency Operations Plan • Emergency Operations • Request for assistance Center, continued – Volunteer and private – EOC backup location – Kent County EOC – EOC will serve as the – State of Delaware, via coordination point for Kent EOC to DEMA the incident – Federal assistance, via – Administration forms Kent EOC to DEMA to – Summary Record forms FEMA – Resource inventories

Emergency Operations Plan • Continuity of • Continuity of Government, normal Government continued government operations – Government – Line of succession responsibilities – Pre‐Delegation of • City Manager Authority • Police Department • Division of Public Services – Emergency Operations • Division of Public Utilities Centers • Fire Department – Preservation of Records – Protection of Government Resources

Emergency Operations Plan • Identification • Warning Requirements – Advanced warning of an – Essential personnel impending natural or – Press personnel manmade incident – Home and business • Evacuation owners, managers and – Declaration by the Mayor staff or the Incident • Operations by time and Commander phase – Coordination with Kent County EOC – Yellow, Orange, Red and Green – Evacuation route mapping – Sheltering, coordination with Kent County EOC

Emergency Operations Plan • Damage Assessment • Glossary of terms needs • Attachments to the – Objectives basic plan – Types of assessments – Figure 1, overview of • Public Information disaster operations – Referenced material and – Figure 2, evacuation checklists routing – Emergency contacts – Emergency Alert System • City telephone directory

Emergency Operations Plan • Appendices • Appendices, continued – Sample declaration of a – Emergency State of Emergency and Preparedness and an order for Evacuation Response Time – EOC organizational chart Schedules – EOC position check list – Damage Assessment – Administrative forms Procedures – Summary Record (FEMA) – Emergency Public Information – Disaster response resource inventories – Dover Evacuations Plan

Emergency Operations Plan • Appendices continued • Hazard Specific – Dover Police Annexes Department grid map – Radiological Monitoring – National Incident and Protection Management System – Flooding (NIMS) – Hurricanes – Community Recovery – Thunder and lightning and Economic storms Stabilization – Tornados

Emergency Operations Plan • Hazard Specific The Dover Emergency Annexes continued Operation Plan is an all – Manmade Hazards, hazard, NIMS Fires, Rescues, and compliant plan. Hazardous Materials – Mass Casualty – Terrorist Incidents

ATTACHMENT #2 SA&T Committee Meeting of 12/07/2009 CITY OF DOVER PROPOSED ORDINANCE #2009-28 WITH SA#1 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 That Appendix B - Zoning, Article 6 - Off-street Parking, Driveways and Loading Facilities, Section 5 4 - Supplementary Regulations for Parking and Loading Facilities, Subsection 5.5 - Race weekend 5 parking, be deleted in its entirety and inserting, in lieu thereof, the following: 6 5.5 Parking for Motorsports Racing. During any ten-day period prior to or two-day period 7 following an auto racing event the following provisions shall apply: 8 5.51 Automobile parking 9 a. Property located within a residential zone may be used for commercial parking 10 (for a fee) of motor vehicles. Commercial parking shall not include parking of 11 commercial vehicles for use by commercial vendors and sales representatives. 12 b. Unimproved surfaces may be used for automobile parking. Such areas shall 13 be reviewed by the Fire Marshal to ensure adequate emergency access. No stormwater 14 management areas or other preserved open space shall be used for automobile parking. 15 c. Automobile parking shall in no case obstruct fire lanes, parking lot drive aisles, 16 emergency access, fire protection equipment, or cross access easements between 17 properties. 18 5.52 Recreational vehicle parking. Recreational vehicle parking shall be permitted within 19 all zones subject to the following requirements: 20 a. No more than three recreational vehicles shall be parked on a residential lot. 21 b. Property owners wishing to provide parking for more than five (5) recreational 22 vehicles shall apply for a permit from the licensing and permitting division a minimum 23 of 60 days prior to the race event. Fees for the permit will be charged in accordance 24 with Appendix F. Prior to issuance of a permit, the property owner or his agent must 25 submit a legible diagram of the camping area to the licensing and permitting division. 26 The diagram shall show recreational vehicle parking location, emergency access, drive 27 aisles, entrance and exit, number of proposed recreational vehicles to be parked, 28 location of power lines, and location of restroom facilities. 29 c. Recreational vehicles shall not be parked within 25 feet of power lines as 30 measured from the center of the utility pole. Vertical extensions from recreational 31 vehicles shall not be closer than 25 feet to power lines as measured from any point on 32 the vertical extension. 33 d. Recreational vehicles shall not be parked closer than 10 feet to other 34 recreational vehicles, buildings, or other structures.

Proposed Ordinance #2009-28 - Appendix B, Article 6, Section 5, Subsection 5.5 Page 2 35 e. Recreational vehicle parking areas shall have drivable surfaces engineered to 36 hold the weight of recreational vehicles, fire equipment, and other emergency response 37 equipment in all types of weather. 38 f. Any changes to the layout of recreational vehicle parking areas shall be 39 required to be submitted to the licensing and permitting division at least 30 days prior 40 to the race event. 41 g. It shall be the permit holder's responsibility to ensure compliance with these 42 requirements. Failure to comply with the provisions of this section shall result in a fine. 43 BE IT FURTHER ORDAINED: 44 That Appendix F - Fees and Fines, Appendix B - Zoning, be amending by inserting a new Article 6 - 45 Off-street Parking, Driveways and Loading Facilities, immediately following Appendix B--Zoning, 46 Article 5--Supplementary Regulations, as follows: Fees and Fines Description (in dollars) 47 Appendix B--Zoning, Article 6--Off-street Parking, Driveways and Loading Facilities 48 Sec. 5 Supplementary Regulations for Parking and Loading Facilities Subsec. 5.5 Parking for Motorsports Racing Subsec. 5.52(b) 1-5 Recreational vehicles No fee 6-25 Recreational vehicles $25.00 26-50 Recreational vehicles $50.00 51-100 Recreational $100.00 vehicles >100 Recreational vehicles $150.00 49 ADOPTED: * 50 S:\ClerksOffice\Attachments and Exhibits\Committee Attachments\2009\12-07-2009 SA&T\12-07-2009-2 Ordinance 2009-28 - NASCAR.wpd 51 SYNOPSIS 52 The proposed ordinance would establish standards for motor vehicle and recreational vehicle 53 parking for motor sports events. It would codify the existing policy that ensures that such 54 parking is compatible with emergency access needs. 55 The proposed amendment establishes a fee schedule for a permit to park more than five 56 recreational vehicles during a motorsports racing event. 57 Actions History December 7, 2009 - Considered by Safety Advisory and Transportation Committee

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT The Parks, Recreation, and Community Enhancement Committee meeting was held on December 14, 2009, at 12:00 noon with Chairwoman Russell presiding. Members present were Mr. Ruane, Mr. Hogan, Mr. Lewis, and Mrs. Horsey. AGENDA ADDITIONS/DELETIONS Mr. Hogan moved for approval of the agenda, seconded by Mr. Lewis and unanimously carried. Authorization to Use Parkland Reserve Funds for Pitts Center Storage Room Addition Mr. Zachary Carter, Director of Parks and Recreation, explained that due to limited storage space, equipment needed for recreational programs offered at the John W. Pitts Recreation Center is currently being stored inside the gymnasium area, where it is taking up part of the indoor track area. Mr. Carter noted that this creates a safety concern and restricts use of the track by participants. He displayed a drawing of the Pitts Center (Attachment #1) and explained that staff is requesting permission to construct a one (1) story storage addition (18’ x 30’) to be attached to the south side of the building, which will have direct access to the gymnasium. Mr. Carter explained that the addition would be constructed by Facilities Management staff; however, a few contracts for specialized work, such as concrete foundations and sprinklers, will be required. He noted that the estimated cost would be $40,000 and proposed that this be funded from the $219,911 that remains in the Parkland Reserve Account (as of the end of October), which was the source of funding for the construction of the Pitts Center. Responding to Mrs. Horsey, Mr. Anthony DePrima, City Manager, explained that the addition will be of block construction with a slanted, shed-type roof and will be painted similar to the existing building. In response to Mr. Hogan, Mr. Carter explained that the addition will not interfere with future expansion of the building, since the storage area will be constructed on the south side of the building and any future expansion of the building is projected to be to the north. Responding to Mr. Hogan, Mr. Carter explained that $3 million was budgeted from the Parkland Reserve Account for construction of the Pitts Center; however, the total cost of the building was $2,983,846, including expenditures for a security system, equipment, and supplies, which were purchased with funds remaining after building construction was completed. He stated that approximately $17,000 of the funds designated for the building remain and that the proposal is to combine this amount with additional funds in the Parkland Reserve account to finance construction of the storage area. He noted that the Parkland Reserve account is funded by contributions from neighborhood subdivisions and is earmarked to provide recreational facilities for City residents. (City Clerk’s Office Note: The actual amount remaining of the $3M for construction is $16,154.) Mr. DePrima noted that there have been no cash contributions made by developers to the Parkland Reserve Account since the construction of the Pitts Center and that most of the money in the account consists of interest that has accumulated. He noted that the next Capital Improvement Program (CIP) report will list uses of the fund other than the Pitts Center.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF DECEMBER 14, 2009 PAGE 2 Responding to Mr. Ruane, Mr. Carter stated that the total cost of the Pitts Center will be $3,023,846, including the projected cost of the storage area. Mr. Carter stated that, after this expenditure, the Pitts Center building will be complete, with the exception of air conditioning, which had been discussed at one time. He stated that venting fans are currently used in the gym to circulate the air. Mr. DePrima noted that he does not recommend air conditioning the facility since it is not common in this type of facility and would significantly increase operating costs. Responding to Mr. Ruane, Mr. DePrima noted that Kent County had previously indicated they would be constructing a number of similar recreational facilities in the Greater Dover Area and it was hoped that this would offset the demands on the Pitts Center; however, this has not occurred. Mr. Carter stated that he believed that Delaware State University has the only other public recreation facility in the Dover area. In response to a request from Mr. Ruane, Mr. Carter agreed to obtain statistics regarding the percentage of the Pitts Center’s users who are non-Dover residents. Mr. Hogan moved to recommend approval of staff’s recommendation to spend $40,000 from the Parkland Reserve Account for a Pitts Center Storage room addition, seconded by Mrs. Horsey and unanimously carried. Proposed Ordinance #2009-30 - Correction to Appendix B - Zoning, Article 6 - Off-Street Parking, Driveways and Loading Facilities Ms. Janelle Cornwell, Planner II, reminded members that several months ago the Planning Office brought forth a number of amendments to the off-street parking requirements in the Zoning Ordinance which were adopted by City Council on September 14, 2009. She stated that since then, the need to amend Appendix B to allow existing buildings within the C-2 (Central Commercial) Zoning District to fall back to the zoning in bulk standards has become apparent. She explained that if this amendment is adopted, newly constructed buildings would still be required to provide additional parking as outlined in the Zoning Ordinance; however, existing properties whose use is changed would not be required to increase parking. She noted that providing additional parking spaces is often difficult for existing buildings, especially in the Downtown Dover area, and that adhering to the existing ordinance could potentially inhibit development. She added that certain types of properties (e.g., churches, restaurants, and medical offices) have specific parking requirements according to code with which they would still have to comply. She noted that she believed the proposed ordinance amendment had been approved by the City Solicitor. Staff recommended that the Committee forward the proposed ordinance to City Council with a favorable recommendation. Mr. Hogan moved to recommend the adoption of Proposed Ordinance #2009-30, Correction to Appendix B - Zoning, Article 6 - Off-Street Parking, Driveways and Loading Facilities (Attachment #2), seconded by Mr. Lewis and unanimously carried.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF DECEMBER 14, 2009 PAGE 3 Puncheon Run Mr. Scott Koenig, Public Services Manager, stated that approximately three (3) weeks ago, Daisy Construction Company completed improvements around the Puncheon Run Pump Station to comply with a permit received from the Delaware Department of Natural Resources and Environmental Control (DNREC) approximately one year ago. He explained that during the week of December 7, 2009, the Kent Conservation District cleaned a portion of the stream between the new South Governors Avenue bridge and the box culvert under Route 13, hauling all of the brush to a central location where City sanitation and street crews disposed of it. Mr. Koenig explained that Senator Brian Bushweller, Representative Brad Bennett, and DNREC paid Kent County Conservation approximately $3,000-$5,000 to perform this work. Mr. Koenig mentioned that 2.9 inches of rain fell recently and it was verified that the new bridge is functioning as it was designed to. He did note, however, that there was heavy flooding in the northern part of the basin down Puncheon Run during the previous week and that pond and stream elevations continued to be higher than usual. He noted that at least two residences on Lynnhaven Drive had water up to or inside their homes during this period. Mr. Koenig noted that he is still attempting to obtain a cost estimate for the full submission of a Letter of Map Revision (LOMAR) to the Federal Emergency Management Agency (FEMA). He indicated that Senator Bushweller and Representative Bennett have agreed to fund approximately $8,900 of the cost, and an agreement to this effect will be signed as soon as the cost estimate is obtained. Mr. Koenig stated that he has received an engineering proposal from URS Corporation to do some of the baseline work for the LOMAR. He also noted that DNREC has some flooding mitigation funds available and that he believes they will approach Mr. Petrosky, who resides immediately west of the new bridge, to suggest that he submit a proposal for a flood mitigation/channel modification project. Responding to Mr. Lewis, Mr. Koenig stated that clearing of brush similar to that recently performed along the Puncheon Run is not expected to occur annually; however, he did feel that scheduled vegetation control is needed, perhaps every two (2) to three (3) years. He noted that there has been no determination as to who is responsible for performing this service; however, both sides of the stream are in the County’s jurisdiction, so the City will not volunteer to maintain this area. In response to Mrs. Horsey, Mr. Koenig noted that there has been discussion for many years about performing channel modifications, including grading, to allow flooding of undeveloped portions of land adjacent to the area on a more regular basis and to allow these areas to hold more water during a rain event. In response to Mr. Ruane, Mr. Koenig stated that the feasibility of a Dover stormwater utility is being discussed at service meetings with the Kent Conservation District and with DNREC. However, he noted that most of the stormwater flowing through the City comes from areas outside of City boundaries; therefore, he indicated that this is a regional issue rather than just a City concern. Mr. Anthony DePrima, City Manager, added that he has been discussing this issue with Mr. Kyle Sonnenberg, the new City Manager in Newark, who came from a town with a stormwater

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF DECEMBER 14, 2009 PAGE 4 utility, and is hoping to implement a similar project in Delaware. He stated that Mr. Sonnenberg has expressed an interest in examining a model utility in North Carolina to see if this could be applied to Delaware. Mr. DePrima noted that he will be monitoring Mr. Sonnenberg’s progress with this project. Mr. Ruane commended Mr. Koenig for his efforts on dealing with the Puncheon Run flooding problem, stating that getting the area cleaned out was a significant improvement which allowed water to pass through the area much quicker than in the past. Planning and Funding for the New Library Ms. Margery Cyr, Library Director, stated that the design and development phase of the building project has been completed and that Holzman Moss Architects will be meeting with City Council in January to discuss the plans and budget for the project. She stated that it is hoped that some site work, including relocating utilities at the back of the property, can begin this winter. She explained that plans are being developed for a road at the rear of the site connecting the parking lot with Innovation Way. Ms. Cyr stated that the projected cost of the building has been reduced to below $22 million without compromising services or function. She added that the capital campaign will become very active after January 1, 2010, that all contributions will go to the Dover Library Foundation, and that accounts are being set up to receive cash, checks, stocks, bonds, and annuities. CDBG Program Mr. Scott Koenig, Public Services Manager, reviewed the Status of FY-08-09 CDBG Projects and the Status of FY-08-09 Program Funds Spent. Mr. Hogan requested clarification regarding the reports provided to members. He noted that the Status of Program Funds Spent Report stated that funds were rolled over to FY 2009; however, no statement of funds was provided for FY 2009. He also noted that under the Housing Rehabilitation Program, the report indicated two homes were completed and one was 80% complete; however, a large balance of $61,890 remained unencumbered. Mr. Hogan stated that some projects were shown to be “underway” yet funds appeared to be unencumbered. Referring to the Status of CDBG Projects Report, he noted that the report indicates that “All sub-recipient contracts have been signed and projects are underway”; however, information regarding recipients and amount of funds expended were not included. He found the reports confusing and requested that information be presented in a clearer and more detailed format. Housing and Recovery Act of 2008 Funds (Neighborhood Stabilization Fund) Mr. Scott Koenig, Public Services Manager, indicated that Mrs. Ann Marie Townshend, Director of Planning and Community Development, had sent an email to City Council stating that she and Mrs. Donna Mitchell, Controller/Treasurer, were working out some issues related to the administration of funding for the Neighborhood Stabilization Program (NSP). He indicated that Mrs. Townshend had since met with Mrs. Mitchell to discuss the Memorandum of Understanding (MOU) between the City of Dover and the Dover Community Partnership. He noted that Mrs. Townshend expects to have these issues resolved and will report the outcome to the Committee and to Council.

PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE MEETING OF DECEMBER 14, 2009 PAGE 5 During the City Council meeting of March 23, 2009, City Council approved the submission of a non- binding letter of intent to partner with other Neighborhood Stabilization Program (NSP) participants in an effort to leverage additional funds through the New Market Tax Credits (NMTC) Program. Mr. Ruane requested that staff determine if any participants benefitted from the NMTC program or if it was abandoned. He stated his understanding that the City was proceeding with the Neighborhood Stabilization Program and requested information as to whether the program is meeting its objectives of returning foreclosed properties to the marketplace, including specific details regarding how many properties have been impacted, the timeline for completion, and whether benchmarks have been set and are being met Mr. Hogan moved for adjournment, seconded by Mr. Lewis and unanimously carried. Meeting Adjourned at 12:59 P.M. Respectfully submitted, Sophia R. Russell Chairwoman SRR/JS/rr/tm Attachments Attachment #1 - John W . Pitts Recreation Center Utilities Plan Attachment #2 - Proposed Ordinance #2009-30 - Correction to Appendix B - Zoning, Article 6 - Off-Street Parking, Driveways and Loading Facilities

ATTACHMENT #2 PR&CE Committee Meeting of 12/14/2009 CITY OF DOVER PROPOSED ORDINANCE #2009-30 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 That Appendix B - Zoning, Article 6 - Off-Street Parking, Driveways and Loading Facilities, 4 Section 3 - Required Off-Street Parking Spaces, be amended by inserting the text in bold, blue, 5 italics, as follows: 6 3.1 Schedule of requirements. Accessory off-street parking spaces, open or enclosed, 7 shall be provided for any lot as specified in article 4, zone bulk and parking 8 regulations or as specified below for each use in any zone, whichever is greater, 9 except for existing buildings within the C-2 Zoning District, where Article 4, 10 Section 4.14, zoning bulk and parking regulations governing the C-2 Zoning 11 District shall prevail. 12 ADOPTED: * 13 S:\ClerksOffice\Attachments and Exhibits\Committee Attachments\2009\12-14-2009 PR&CE\Attachment # 2 - 12-14-2009-1 Ordinance 2009-30 - Appendix B, Art 6, Sec 3 - Off-Street Pking.wpd 14 SYNOPSIS 15 This amendment would clarify that uses in existing buildings within the 16 C-2 (Central Commercial) zone would not be required to construct new 17 parking spaces. 18 Actions History 19 December 14, 2009 - Considered by the Parks, Recreation, and Community Enhancement Committee

UTILITY COMMITTEE The Utility Committee Meeting was held on December 14, 2009 at 5:00 p.m. with Chairman Ruane presiding. Members present were Mr. Hogan, Mr. McGiffin, Major Kosior, and Mr. Snaman. Members of Council present were Mrs. Williams and Mr. Salters. AGENDA ADDITIONS/DELETIONS Mr. Hogan moved for approval of the agenda, seconded by Mr. Snaman and unanimously carried. Dedication of Rights-of-Way and Infrastructure - Seskinore Mr. Scott Koenig, Public Services Director, stated that the developer of the Seskinore Subdivision, Fox Hall Plantation Company, has requested that all public infrastructure improvements related to this subdivision be dedicated to the City of Dover for permanent ownership and maintenance. Mr. Koenig noted that the total construction value of the public improvements is $406,645 and that all the improvements have been constructed in accordance with City standards and specifications. He noted that after construction was completed, City staff inspected the public improvements and provided the developer with a list of repairs to be made to meet the City of Dover Standards and Specifications for Public Works Construction. As of this date, all work related to the public infrastructure has been completed by the developer. Mr. Koenig noted that a one (1) year Maintenance Agreement, Letter of Credit, and a Release of Liabilities have been submitted by the developer as part of the dedication process and as-built drawings of the infrastructure have also been submitted to the City. He explained that Seskinore is located off McKee Road, adjacent to The Meadows, and will consist of 18 units, four (4) of which have been constructed. Staff recommended that the subdivision and infrastructure be dedicated so that routine maintenance services, such as street sweeping and snow plowing, can be performed. Mr. Hogan moved to recommend approval of the dedication of the rights-of-way and infrastructure for the Seskinore Development, seconded by Mr. McGiffin and unanimously carried. Review of Utility Related CIP’s (Electric and Water/Wastewater) Members were provided with the Capital Investment Plan Project Tracking Report (as of October 31, 2009) and Major CIP Project Reports for the General Fund, Community Transportation and General Fund Street Funds, Water/Wastewater Improvement and Extension Fund, and Electric Improvement and Extension Fund. Mrs. Donna Mitchell, Controller/Treasurer, explained that the format of the CIP report was revised to create uniformity with other reports used by the Finance Department and that a cover sheet was added to reflect project funding sources. She noted that carry forward balances from last year were included in the report and that a budget amendment will be submitted to Council in January to make these carry forward balances official. Mr. Anthony DePrima, City Manager, stated that, in the future, the Committee would receive only the Water/Wastewater and Electric CIP reports, as these pertain to the Utility Committee. He noted that “Status” and “Comments” columns have been added to the report, stating that, typically, the “Status” of a project will be listed as “started”, “completed”, or “delayed”, and the “Comment” column will give details on the phase of the project. Mr. DePrima mentioned that occasionally

UTILITY COMMITTEE MEETING OF DECEMBER 14, 2009 PAGE 2 reports will state that a project has begun; however, there will be no indication that funds have been expended. He explained that this occurs when a project is in the design phase or when bid specifications are being developed. At the request of Mr. Ruane, Mr. DePrima agreed to provide members with the Community Transportation and General Fund Street Funds CIP report in the future, in addition to utility reports. Responding to Mr. Ruane, Mr. DePrima explained that several CIP projects have experienced delays. He noted that projects that require the City to negotiate for property or obtain easements or permits take additional time, citing the Route 13 East Sanitary Sewer Interceptor Project, which required obtaining multiple easements, as an example. Similarly, he stated that the Piney Point Well and Elevated Water Storage Tank projects have experienced delays while sites are being sought and tested to determine whether they are appropriate. He noted that design and land acquisition processes can be time consuming. In addition, Mr. DePrima indicated that several projects have been put on hold pending delays in receiving State funding. Mr. Ron Lunt, Public Utilities Director, noted that the State Office of Drinking Water is awaiting a funding commitment from the federal government for revolving loans for planned water projects. He noted that he was told funding would be available this fall; however, this was subsequently extended to sometime in December. Mrs. Mitchell stated that she received a recent email stating that loan commitment papers for the water projects should be received by the week of December 21, 2009, and that these documents would be presented to City Council in January. In response to Mr. Ruane, Mr. DePrima noted that a number of pump stations worked overtime to process rainwater that entered the sewer system during recent storms, and a tanker truck was needed to pump effluent and sewage and transport it to the McKee station. He was concerned that recent precipitation could cause the groundwater level to rise, stating that when the water level is higher than pipes, there is constant infiltration into the system. Mr. Ruane requested that the Committee be kept informed of unanticipated wastewater costs related to this issue. Mr. McGiffin moved to recommend acceptance of the report, seconded by Mr. Hogan and unanimously carried. PACE/NAES Monthly Report (October) Members were provided the PACE/NAES Monthly Report for October. The report was provided to allow members the opportunity to monitor what is being sold in electric and the revenues received, which will give members a better understanding of any fluctuations and make improvements if deemed necessary. Although it was not staff’s intention to make a presentation of the report, they welcomed any questions. Mr. Anthony DePrima, City Manager, stated that the City budgeted for emissions sales based on last year’s low numbers. However, since emissions sales prices on the market were nearly twice the amount budgeted, it was decided to sell the amount of credits needed to meet the budget and to hold

UTILITY COMMITTEE MEETING OF DECEMBER 14, 2009 PAGE 3 the remaining credits in the hope that the emissions market will continue to rise. As a result, the City had to sell only half the credits anticipated to be sold and still managed to exceed the budget. Responding to Mr. Ruane, Mr. DePrima noted that (as indicated on Page 39 of the report) approximately $250,000 per year will be saved by switching from #6 fuel (which requires heat to maintain its liquid state) to #2 fuel(which is a more liquid type of petroleum base). As a result, heating equipment is no longer necessary and has been removed. Mr. Ron Lunt, Public Utilities Director, added that installing an atomizer, which uses compressed air to send the fuel into the burners rather than using natural gas to start with, allowed the fixed gas reservation on the pipeline to be dropped, resulting in a reduction of fuel costs. In response to Mr. Ruane, Mr. Lunt stated that the $2,789,442.40 (listed on Page 37 of the report) for the cost of the McKee Run Pollution Remediation Project is an ongoing expense since there is work that remains, primarily removal of the Cyclone Separators. Mr. DePrima noted that the City and the State Department of Natural Resources and Environmental Control are satisfied with the operating goals for the McKee Run Plant and the progress made toward benchmarks established for the remediation project. He noted that final testing and permitting has been resolved and that the plant is fully operational and is burning #2 fuel. Mr. Ruane requested that rate payers be informed of the status of this project. In response to Mr. Ruane, Mr. McGiffin explained that the term “contango” (page 4 of the report) refers to “ a condition in which distant delivery prices for futures exceed spot prices, often due to the cost of storing and insuring the underlying commodity. It is the opposite of backwardation.” Mr. Snaman moved to recommend acceptance of the report, seconded by Mr. Hogan and unanimously carried. Mr. Hogan moved for adjournment, seconded by Major Kosior and unanimously carried. Meeting Adjourned at 5:31 P.M. Respectfully submitted, Eugene B. Ruane Chairman EBR/JS/rr/tm S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2009\12-14-2009 UTILITY.wpd

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee meeting was held on December 14, 2009 at 6:00 p.m. with Chairman McGlumphy presiding. Members present were Mr. Leary, Mr. Salters, Dr. Jones, and Mr. Shevock. Members of Council present were Mr. Hogan, Mr. Ruane, Mr. McGiffin and Council President Williams. Mayor Carey was also present. AGENDA ADDITIONS/DELETIONS Mr. Leary moved for approval of the agenda, seconded by Mr. Shevock and unanimously carried. Review and Recommendation - Filling of Critical Positions During their meeting of February 23, 2009, members recommended approval of the Hiring Freeze for Fiscal Year 2008-2009, but to allow the hiring of critical positions through the review and approval of the Legislative, Finance, and Administration Committee and City Council. It was suggested that there be a “standing” agenda item to consider the filling of critical positions and, if there are no positions to consider, the item could be removed. Police Officer Police Chief Jeffrey Horvath explained that with the recent retirement of Sgt. William Kent, a new vacancy was created. He reminded members that the Police Department’s authorized strength is currently 91 officers and that the vacant position would need to be filled in order for the City of Dover to remain compliant with the staffing provisions of the Community Oriented Policing Services (COPS) grant that was approved by Council on September 14, 2009. Filling this position would allow the Police Department to maintain 91 officers on duty and explained its necessity in order for the City to continue to provide security and safety for the citizens of Dover. Mr. Leary moved to recommend that staff be granted permission to recruit for the position of a Police Officer, as requested by staff. The motion was seconded by Mr. Salters and unanimously carried. Assignment of Economic Development Division to Public Services (Tabled by Committee on November 23, 2009) During their meeting of November 23, 2009, members considered a request for approval of a “Proposed Organizational Chart” which shows the City Assessor and City Planner Departments reporting directly to City Council and moves the Economic Development Office to Public Services. Since there was much confusion, the committee tabled the matter to allow for further discussion at the next committee meeting. Mr. Salters moved to remove the matter from the table, seconded by Mr. Leary and unanimously carried. Mr. Anthony DePrima, City Manager, reminded members that City Council recently approved code amendments removing the City Manager from administrative oversight of the City Planner and City Assessor. Mr. DePrima recommended that, at this time, the Economic Development Office be retained within the Public Services Department under his administration. He also recommended approval of the “Proposed Organizational Chart” provided to members. Mr. DePrima explained that this change would allow for the continuation of the traditional role of the City Manager and bring

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF DECEMBER 14, 2009 PAGE 2 his many years of experience to bear. This is also true for the Public Services Manager. Most importantly, he stated that it would ensure that the other departments under the City Manager would be synchronized with the economic development efforts, particularly with the utilities. Lastly, while the Planning and Community Development Department has an excellent record of objectivity; the proposed change would reduce any perceived “conflict of interest” that may arise when the City’s planning staff makes recommendations to the Planning Commission or City Council regarding projects submitted or promoted by the Economic Development Office. Mr. Salters moved to recommend approval of the “Proposed Organizational Chart” (Attachment #1) which shows the City Assessor and City Planner Departments reporting directly to City Council and moves the Economic Development Office to Public Services. The motion was seconded by Mr. Leary and unanimously carried. Elimination of Medicare Part B Reimbursement (Tabled by Committee on July 13, 2009) During their meeting of July 13, 2009, the committee was advised that the Governmental Accounting Standards Board (GASB) passed accounting standards which require governmental entities to recognize the cost of retirement health care during the term of the employee’s employment and not “pay as you go” after the employee retires. Members were provided four (4) alternatives, as completed by the Actuary, to incorporate all other persons not currently in a Union. It was noted that the alternatives could stand alone or be combined. Due to the complexity of this issue, it was suggested that staff only address alternative #1, and that alternatives #2, #3, and #4 be tabled until receipt of the Consultant’s Report. During the meeting of July 27, 2009, Council approved the following Legislative, Finance and Administration Committee’s recommendations: 1) approval of Alternative #1, which would provide no (Medicare Part B) reimbursement to all future retiree’s to be effective upon approval by Council, noting that this alternative refers specifically and only to new hires. Alternatives #2, #3, & #4 were tabled until receipt of consultants report (Note: the pending report reason was not applicable, as the consultant report was not related to the Medicare B alternative action items); and 2) authorization to solicit a Request for Proposal for a Health Care Consultant to assist the City with options for managing its health care costs. Mr. Leary moved to remove the item from the table, seconded by Mr. Salters and unanimously carried. Mrs. Mitchell, Controller/Treasurer, advised members that it was staff’s intention for the second recommended action to engage a Health Care Consultant that can run cost calculations for Health Care Premiums, not to complete a study. These calculations would be based on alternatives to the City’s health care plans submitted by a Benefit Committee. She stated that it was not staff’s intention that the first action be tied to the second action. Mrs. Mitchell reminded members that the Governmental Accounting Standards Board (GASB) passed an accounting standard which requires governmental entities to implement GASB45, which requires recognition of medical benefits for retirees like pension benefits. She explained that the

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF DECEMBER 14, 2009 PAGE 3 concept is to match expenses when earned with revenues in that same year. For example, when an employee is working, they are earning their retirement medical benefits the same as their pension benefits (earning these benefits while working hours). Rather than a “pay as you go” after an employee retires, Mrs. Mitchell stated that the new accounting standards requires entities to recognize the cost of retirement health care during the term of the employee’s employment. Also, a trust fund would be established to pay out the benefits during the employees’ retirement. She explained that the accounting requirements have changed by requiring entities to set aside the monies today for the promises made to their employees. Mrs. Mitchell stated that this matter was presented to Council, as well as the City’s three (3) unions and all of the unions have agreed to eliminate the Medicare Part B premium reimbursement. An Actuary was contacted to determine the City’s liability based on benefits as of July 1, 2008. Members were again provided a Presentation - GASB 45 Results for 2008/09, previously provided in January 2009 by Mr. Randy Gomez with Alliance Benefit Group (Attachment #2). Referring to pages 9 and 10 of the Presentation, Mrs. Mitchell noted that the City’s total liability is reflected as $64,297,000, of which $4,080,000 was for the Medicare Part B reimbursement. In an attempt to begin to control this cost, staff elected to begin with Medicare Part B and the unions were approached requesting relief. She also explained the income statement impact, noting that the expenses can be amortized and that the amount necessary for the City would be $4,377,000 annually. She advised members that these new GASB 45 requirements had to be accomplished for Fiscal Year 2009 and that they have been included in the Comprehensive Annual Financial Report (CAFR) for the City of Dover. With reference to the authorization to solicit a Request for Proposal for a Health Care Consultant to assist the City with options for managing its health care costs, Mrs. Mitchell explained that when she contacted the Actuary regarding the Health Care Consultant, it was suggested that the City first obtain a legal opinion, as this matter relates to the City’s Employee Handbook and Contracts. She advised members that the legal opinion has been obtained and it indicated that the City could cap the Medicare and that Council could eliminate the Medicare Part B reimbursement for non-bargaining employees. Before any further action is taken, it was felt that this matter should be brought before Council to determine what action, if any, should be taken. During the meeting of November 9, 2009, Council approved the Legislative, Finance and Administrative Committee’s recommendation for obtaining a legal opinion, prior to moving forward with hiring the Health Care Consultant in assisting the City with health care options. Mrs. Mitchell reminded members that the City’s OPEB Actuary, Mr. Randy Gomez, has recommended that the City obtain a sound legal opinion regarding what the City can do within the realm of its current personnel handbook and collective bargaining agreements prior to moving forward with hiring additional consultants to review options for controlling retirement health care cost. This approach would enable the City to focus on options that can legally be addressed. Staff recommended the following actions in order to move forward with hiring a Health Care Consultant:

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF DECEMBER 14, 2009 PAGE 4 1. Parity with the Unions. Eliminate the Medicare Part B reimbursement for Non-Bargaining employee’s retired after June 30, 2010; 2. Place a cap on the Medicare Part B reimbursement effective July 1, 2010 for all current and future recipients; currently $96.40 per month. Mr. McGlumphy noted the receipt of several letters received regarding this issue (Attachment #3). Mr. Scott Koenig, Public Services Manager, indicated that he was speaking on his own behalf and not as a representative of other employees. He stated his only interest was with the Medicare Part B reimbursement and its effect on himself, as well as other non-bargaining employees. He noted that on page 42 of the City’s Budget, under critical success factors, there is an explanation for the City’s success being the result of the work of the City’s employees, which is based on employee satisfaction. Mr. Koenig advised members that the union employees of either the Police, IBEW, or IUE did not give the Medicare Part B benefit away but rather negotiated in lieu of something else. He stated that those units collectively voted to give up this benefit for other types of benefits such as salary, vacations, or a combination including promotions or buy-back of retiree health care. He explained that employees of the unions received something in return for the action they took in voting to eliminate the Medicare Part B benefit. The value to this issue is $65,000 annually to accommodate this benefit for current employees and the retired employees who have yet to reach the age when they would be eligible for this benefit. Mr. Koenig reminded members that action has been taken to eliminate this benefit for new hires; therefore, any new employee who accepts a position with the City understands that this is not a benefit. He further stated that union employees who gave up this benefit, although they may not be happy with their decision, received something for that decision. Referring to page 66 of the Employee Handbook, Mr. Koenig relayed an understanding regarding the value and merit of the legal opinion; however, he explained that there can be different interpretations. He questioned if the legal opinion was obtained based on a review for saving money for the City or by placing a value on the good faith and satisfaction of employees. Although he understands the parity with the unions, he noted that there is not across-the-board parity from contract to contract to the non-bargaining employees. An example is that with the Police contract, employees are provided extra pay for having advanced degrees. This was proposed for the non-bargaining employees under the parity perspective and was voted down by the Council. Mr. Koenig stated that during his 19½ years with the City, he feels that he has earned a portion of this benefit and, considering that he would be eligible for retirement at 25 years of service, he has earned more than half of the benefit. He stated that due to his age, he would not be eligible to retire should Council eliminate this benefit. He stated that the City has been a good employer and offers a lot for those employees who are willing to, at times, do difficult jobs. Mr. Koenig requested that Council and members of the committee consider the good will that is generated by this benefit. He noted that there is a cost for businesses for providing goodwill and, at times, to do business fairly and ethically. He requested that members reject the proposal to withdraw this benefit for employees

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF DECEMBER 14, 2009 PAGE 5 hired prior to this date and those who may be retiring in the near future but have not yet received the benefit. Responding to Mr. Ruane, Mr. Koenig stated that he was not prepared to present an alternative and, although he is aware of the costs involved, his statements are strictly to plead to maintain a benefit and relayed his reluctance in stating its equivalence. Mr. Les Blakeman, City of Dover Retiree, 209 Thomas Way, stated that his concerns are similar to Mr. Koenig’s. He stated that he had worked for 33 years assuming he would go into retirement with his healthcare paid for, which played an important role in determining when to retire. He stated one of the attractions with retiring from the City of Dover was that the employee’s healthcare would be fully paid. Mr. Blakeman indicated his surprise that there would be any consideration for the elimination of this benefit for those employees who have already retired, since they have no means to bargain. He stated that retirees came to work for the City expecting to receive a benefit that was promised and then, after working 33 years to obtain the benefit, he questioned why there would be discussion of its elimination or for a cap being placed. He advised members that there are several retirees (64) whose pension is less than $10,000 (a total of 119 receiving less than $20,000) and that if a cap is placed on the Part B coverage, their pension may become non-existence. Mr. Blakeman reminded members that this benefit is currently listed in the City’s Handbook, as well as in the 1984 and 1971 handbooks, when he began employment with the City. He stated that this benefit was a promise made by previous Councils who expected all future Councils to abide by this promise. Although he understands that it is an expense, he stated it is one that enticed him to come to the City for employment and remain for 33 years. Ms. Donna Mills, Dover Police Department, stated that she submitted a letter and reiterated her concerns that, with having 23+ years of service with the City, she does not have enough time to save to pay for this part of healthcare. She stated that this is one of the benefits she expected upon her retirement and, although she was offered positions elsewhere, she chose to remain employed with the City because of the benefits. She considers herself a loyal employee and urged members not to take away a benefit she has earned after 23 years with the City of Dover. Mr. Zachary Carter, Director of Parks and Recreation, stated his concurrence with the statements made by Mr. Koenig. He stated that he has been employed with the City for over 21 years and that, upon employment, the benefits were explained. He advised members of opportunities to gain employment elsewhere over the years; however, he chose to remain with the City because he enjoyed working for the City and providing services to the citizens of the City and also due to the benefit package offered by the City. Now that he is approaching retirement age, he explained the difficulty to “make up” for the loss of the benefit that he thought he would be provided and that he earned through his years of service with the City. Mr. Carter expressed his support for the employees and requested that members take into consideration some of the promises that these employees thought would always be there for them. Mr. Chappy Lucas, City of Dover Retiree, felt that there was a group in the retirement community that had not been discussed, that being those retirees that are already drawing this benefit. Most of

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF DECEMBER 14, 2009 PAGE 6 these retirees no longer have the ability to obtain full-time employment and no more pay raises. These employees spent their career working for the City and when they retired 5, 10, 15, etc. years ago, this was a benefit they knew they would be provided. He advised members that he has served on the Pension Board for several years and realizes that due to the unfunded liability, the chances of any substantial or regular cost of living increases from the pension fund is unlikely. Therefore, he stated that the only way the retirees would receive a cost of living increase is if the City were to fund it and, noting the current economic condition, he felt that such an increase was not probable. Mr. Lucas stated that if staff’s recommendations are implemented, these retirees would actually be realizing a negative cost of living increase. He noted that since this benefit was eliminated for new employees, time will eliminate those that are and will be receiving the benefit; therefore, this problem will eventually go away. With reference to the recommendations submitted by staff, Mr. Lucas requested that members allow for this benefit to remain and that the caps on the Medicare Part B Reimbursement not be instituted. Mrs. Frances Hettinger, City of Dover Retiree, 63 Sackarackin Avenue, relayed appreciation for the statements that have been made by employees and retirees. She noted that there is $96 per month that is taken from medicare checks and that it is her understanding that this will increase to between $100 and $110 beginning January 2010. She stated that she was advised that those currently receiving the benefit would not have it taken away, although it could be capped, and relayed her concern for this benefit being taken away from those that have not reached the age of 65. Mrs. Hettinger stated that these were hard working employees that were good to the City and that the City was good to these employees and hoped that this benefit would continue to be provided. Mr. McGlumphy advised members that he requested information from the Finance Office in relation to the Medicare Part B Reimbursement benefit. According to the information provided, he stated that there are four (4) quarterly payments for the medicare reimbursement. There are 84 individuals currently receiving the benefit and that there are approximately another 100-125 people eligible for this benefit in the future. He noted that the total for calendar year 2009 paid for this benefit was $94,761. For clarification, Mrs. Mitchell stated that the $94,761 represents the “pay as you go” which is the amount paid by the City to reimburse individuals for their Medicare premium. She stated that the $65,000 referred to is the actuary accrued liability that the City would be required to amortize over so many years. Mr. Leary moved to recommend denial of staff’s recommendation #1: Parity with the Unions - Eliminate the Medicare B reimbursement for Non-Bargaining employee’s retired after June 30, 2010. The motion was seconded by Mr. Salters and carried with Mr. McGlumphy voting no. Mr. Leary moved to recommend denial of staff’s recommendation #2: Place a cap on the Medicare B reimbursement effective July 1, 2010 for all current and future recipients; currently $96.40 per month. The motion was seconded by Mr. Salters.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF DECEMBER 14, 2009 PAGE 7 Responding to Mr. Ruane and referring to page 8 of the Presentation (see Attachment #2), Mrs. Mitchell stated that the Actuary Presentation was as of a date and time; therefore, as of July 1, 2008, based on the current membership of the plan, the liability for future retirees is $524,000 and for current retirees it is $3,556,000 for Part B, for a total of $4,080,000 over the 30 years required to be amortized. Also in response to Mr. Ruane, Mrs. Mitchell stated that there has been discussion of lowering the age to 55 for eligibility of Medicare. She is not aware of the impact this could have on the City. The motion to deny staff’s recommendation #2: Place a cap on the Medicare B reimbursement effective July 1, 2010 for all current and future recipients; currently $96.40 per month was carried with Dr. Jones abstaining and Mr. McGlumphy voting no. Mr. Leary moved for adjournment, seconded by Mr. Salters and unanimously carried. Meeting adjourned at 6:58 P.M. Respectfully submitted, William P. McGlumphy Chairman WPM/RR/tm/jg S:\ClerksOffice\Agendas&Minutes\Committee-Minutes\2009\12-14-2009 LFA.wpd Attachments Attachment #1 - Proposed Organization Chart Attachment #2 - Presentation “GASB 45 Results for 2008/09”, which was presented to members in January 2009 by Mr. Gomez with Alliance Benefit Group Attachment #3 - Correspondence from employees and retirees regarding the elimination of Medicare Part B

ATTACHMENT #1 LF&A Committee Meeting of Exhibit 2 12/14/2009 City of Dover Fiscal Year 2009‐2010 Proposed Organization Chart

ATTACHMENT #2 LF&A Committee Meeting of 12/14/2009 LF&A Committee Meeting of 12/14/2009 ATTACHMENT #2

ATTACHMENT #3 LF&A Committee Meeting of 12/07/2009

CITY OF DOVER FINANCE DEPARTMENT MONTHLY BUDGET REPORT NOVEMBER 2009 PREPARED BY: FINANCE DEPARTMENT PLEASE NOTE – THIS REPORT PROVIDES TOP LINE INFORMATION ON THE THREE MAJOR OPERATING FUNDS. IF YOU WOULD LIKE ADDITIONAL INFORMATION, PLEASE FEEL FREE TO CONTACT THE FINANCE DEPARTMENT.

Page 2 of 7 City of Dover Finance Department Monthly Budget Report November 2009 S Strategic Objectives for Fiscal Year 2009 – 2010 1. Coordinate audit program with the Legislative, Finance & Administrative Committee. Meet all deadlines as established in the audit program. 2. Fortis training and implementation for Payroll and Accounts Payable. 3. Each staff member will take three (3) in house Sungard training sessions. ACTIVITY LEVELS FY09 YTD FY10 YTD BANK TRENDS Number of Deposits Made 648 485 Total Amount of All Deposits $ 64,681,047 $ 62,231,927 PAYROLL Hours % Amount Hours % Amount Gross wages per registers 386,696 100.0% $ 8,727,180 400,723 100.0% $ 8,604,462 Wages and Hours Worked Regular 333,789 86.3% $ 7,206,491 330,121 82.4% $ 6,915,103 All over time 13,870 3.6% $ 557,702 14,193 3.5% $ 580,334 Other Paid or Unpaid Wages and Hours Vacation 22,463 5.8% $ 560,788 21,186 5.3% $ 548,492 Sick 9,179 2.4% $ 195,845 8,545 2.1% $ 190,526 Furlough - 0.0% $ - 8,960 2.2% $ - Terminal Leave - Retiree Vacation/Sick Payout 802 0.2% $ 20,456 5,160 1.3% $ 139,355 Comp Time (Police) 1,469 0.4% $ 35,261 2,611 0.7% $ 79,363 Personal 482 0.1% $ 12,520 354 0.1% $ 9,261 Leave Without Pay 4 0.0% $ - 2,367 0.6% $ - Other (description below) 4,639 1.2% $ 137,135 7,229 1.8% $ 142,343 Other includes: pay adjustments, military differential pay, committee meetings, worker compensation tracking/adjustments, etc. Other Activity Number of Pay Periods 11 11 Number of Payroll Checks Issued 4,777 4,736 Number of Pension Checks Issued 1,116 1,135 Total Pension Benefits Paid - Defined Benefit Plan $ 1,718,608 $ 1,785,328 ACCOUNTS PAYABLE Number of Check Vouchers 3,716 3,197 Number of EFT Vouchers 851 739 Vouchers Dollar Amount Disbursed $ 57,616,860 $ 50,526,736

Page 3 of 7 City of Dover Finance Department Monthly Report – November 2009 General Fund Summary 42% of Budget YTD Balance Budget Receipts Beginning Balance (unaudited) $ 2,816,763 $ 3,621,157 $ (804,394) 128.6% Court of Chancery Fees 745,000 161,390 583,610 21.7% Fines & Police Revenues 965,000 328,222 636,778 34.0% Franchise Fees 486,000 119,436 366,564 24.6% Grants 734,000 44,865 689,135 6.1% Intrafund Services 4,475,714 1,627,343 2,848,371 36.4% Library & Recreation Revenues 668,008 292,488 375,520 43.8% Licenses & Permits 2,334,000 1,768,102 565,898 75.8% Property Taxes (Includes BID Revenue) 10,237,938 9,961,741 276,197 97.3% Sanitation Revenues 1,420,000 649,066 770,934 45.7% Other Miscellaneous Revenues 348,785 36,289 312,496 10.4% Transfers-In from Other Accounts & Utilities Civil Traffic Penalties 700,000 196,107 503,893 28.0% Municipal Street Aid Fund 775,200 - 775,200 0.0% Transfer Taxes 1,400,000 301,178 1,098,822 21.5% Water/Wastewater Fund 548,020 548,020 - 100.0% Electric Fund 6,758,100 4,758,100 2,000,000 70.4% Total $ 35,412,528 $ 24,413,504 $ 10,999,024 68.9% Expenditures City Clerk & Council $ 403,264 $ 133,567 $ 269,697 33.1% Mayor, City Manager & Human Resources 1,074,989 404,920 670,069 37.7% Police & Police Extra Duty 12,188,986 4,822,344 7,366,642 39.6% Public Services 4,532,477 1,633,941 2,898,536 36.0% Central Services 2,520,269 874,615 1,645,654 34.7% Planning & Inspections 1,970,626 710,613 1,260,013 36.1% Finance, Info Tech & Customer Services 2,557,920 1,048,405 1,509,515 41.0% Library & Recreation 1,906,183 726,208 1,179,975 38.1% Fire Department 750,445 291,252 459,193 38.8% Assessor 572,526 157,784 414,742 27.6% Debt Service 328,410 295,960 32,450 90.1% Insurance 600,000 227,754 372,246 38.0% Retirees' Health Care 1,014,820 365,056 649,764 36.0% Street Lights 985,000 386,398 598,602 39.2% Transfer to CDBG 11,000 - 11,000 0.0% Provision for Uncollectible 10,000 10,000 - 100.0% Transfers Out Capital Projects Fund 344,802 344,802 - 100.0% Police Pension Fund 620,000 - 620,000 0.0% Budget Bal-Working Capital 3,020,811 - 3,020,811 0.0% Total $ 35,412,528 $ 12,433,619 $ 22,978,909 35.1% Reserve Balances Contingency $ 645,254 $ 753,538 Encumbrances FY 09: Police - Lawmen Supply Co of NJ for Bullet Proof Vests $ 30,215 Human Resources - Pike Associates for actuary services 4,000 $ 34,215

Page 4 of 7 City of Dover Finance Department Monthly Report – November 2009 Water/Wastewater Fund Summary 42% of Budget YTD Balance Budget Revenue Beginning Bal-Water (unaudited) $ 662,079 $ 651,360 $ 10,719 98.4% Beginning Bal-Wastewater (unaudited) 307,112 327,036 (19,924) 106.5% Beginning Bal-Kent Co Sewer Adj. (unaudited) 100,194 (397,473) 497,667 -396.7% Water Fees 4,499,000 1,919,272 2,579,728 42.7% Wastewater Fees 3,045,560 1,301,461 1,744,099 42.7% Kent County Treatment Fees 3,435,390 1,341,098 2,094,292 39.0% Water Tank Leases 293,669 125,125 168,544 42.6% Miscellaneous 149,600 32,143 117,457 21.5% Impact Fees - Water 280,000 126,637 153,363 45.2% Impact Fees - Wastewater 475,000 174,800 300,200 36.8% Total $ 13,247,604 $ 5,601,459 $ 7,646,145 42.3% Expenses Engineering & Inspection $ 697,783 $ 252,592 $ 445,191 36.2% Water 458,333 157,332 301,001 34.3% Water Treatment Plant 1,517,663 578,456 939,207 38.1% Wastewater 988,455 338,662 649,793 34.3% Water Meter Reading 72,533 26,860 45,673 37.0% Construction & Inspection 410,338 158,277 252,061 38.6% Kent County Treatment Fees 3,435,430 1,488,114 1,947,316 43.3% Retiree’s Health Care 134,680 53,096 81,584 39.4% Debt Service 832,951 195,095 637,856 23.4% Intrafund Services 1,262,456 427,007 835,449 33.8% Transfers Out General Fund 548,020 548,020 - 100.0% Water/Wastewater I & E Fund 700,000 350,000 350,000 50.0% Impact Fee Reserve 110,062 - 110,062 0.0% Budget Bal-Working Capital - Water 1,136,086 - 1,136,086 0.0% Budget Bal-Working Capital - WW 842,660 - 842,660 0.0% Budget Bal-Working Capital - KSA 100,154 - 100,154 0.0% Total $ 13,247,604 $ 4,573,511 $ 8,674,093 34.5% Reserve Balances Contingency-Water $ 122,431 $ 120,153 Contingency-Wastewater $ 136,910 $ 134,376 Impact Fee Reserve - Sewer NO BUDGET $ 3,546,723 Bond Coverage Ratio (Covenant 1.20) 3.22 3.08

Page 5 of 7 City of Dover Finance Department Monthly Report – November 2009 Electric Revenue Fund Summary 42% of Budget YTD Balance Budget Revenue Beginning Balance (unaudited) $ 8,219,350 $ 11,411,380 $ (3,192,030) 138.8% Sales to Customers 99,533,042 42,357,818 57,175,224 42.6% Utility Tax 1,781,500 848,651 932,849 47.6% Weyandt Hall Rents 186,816 89,725 97,091 48.0% Miscellaneous Revenues 1,621,284 727,531 893,753 44.9% Intrafund Service Receipts Water/Wastewater 270,626 62,325 208,301 23.0% Total $ 111,612,618 $ 55,497,430 $ 56,115,188 49.7% Expenses Power Supply & Generation Power Supply $ 55,619,481 $ 24,875,160 $ 30,744,321 44.7% Power Supply Management/Incentive 3,000,000 1,259,835 1,740,165 42.0% Capacity Charges 13,469,528 5,697,889 7,771,639 42.3% Rate Stabilization Credit (3,000,000) - (3,000,000) 0.0% PJM Charges - Load 13,943,413 2,364,404 11,579,009 17.0% Total Power Supply 83,032,422 34,197,288 48,835,134 41.2% Plant Operations 5,798,710 2,015,012 3,783,698 34.7% Generation Fuels 1,275,251 105,069 1,170,182 8.2% Capacity Credits (12,133,285) (5,095,220) (7,038,065) 42.0% PJM Credits (1,701,066) (216,640) (1,484,426) 12.7% Total Generation (6,760,390) (3,191,779) (3,568,611) 47.2% Total Power Supply & Plant 76,272,032 31,005,509 45,266,523 40.7% Electric Operating Divisions Transmission/Distribution 3,318,622 1,196,229 2,122,393 36.0% Electrical Engineering 1,500,012 506,812 993,200 33.8% Administration 640,535 248,819 391,716 38.8% Meter Reading 289,103 111,637 177,466 38.6% Systems Operations 624,520 154,487 470,033 24.7% Utility Tax 1,781,500 848,651 932,849 47.6% Interest on Deposits 54,500 15,723 38,777 28.8% Retirees Health Care 567,430 214,363 353,067 37.8% Green Energy Payment to DEMEC 137,600 57,949 79,651 42.1% Intrafund Services 3,483,884 1,262,661 2,221,223 36.2% Accounts Receivable Write-Offs 135,000 135,000 - 100.0% Inventory Write-Offs 175,000 175,000 - 100.0% Contractual Services 2030 Committee 497,250 16,884 480,366 3.4% Debt Service 3,956,600 1,695,421 2,261,179 42.9% Transfers Out Electric Improvement & Extension Fund 2,500,000 1,500,000 1,000,000 60.0% General Fund 6,758,100 4,758,100 2,000,000 70.4% Contingency Reserve 83,500 - 83,500 0.0% Budget Bal. - Work. Capital 8,837,430 - 8,837,430 0.0% Total $ 111,612,618 $ 43,903,245 $ 67,709,373 39.3% Reserve Balances Contingency Reserve $ 1,036,069 $ 939,459 Insurance Reserve $ 395,002 $ 389,584 Rate Stabilization Reserve $ 1,718,613 $ 4,695,334 Bond Coverage Ratio (Covenant 1.25) 1.60 1.17 Megawatt Hours Sold & Purchased Sales to Customers MWh (excluding Street Lights) 747,193 314,990 Sales per MWh $ 135.594 $ 137.168 Purchased/Generated MWh 788,808 321,752 All In MWh Supply & Generation $ 96.693 $ 96.365

Page 6 of 7 City of Dover Finance Department Monthly Report – November 2009 General Capital Project Fund Summary 42% of Budget YTD Balance Budget Revenue Beginning Balance - Projects (unaudited) $ 375,408 $ 462,692 $ (87,284) 123.3% Transfer from General Fund for Projects 344,802 344,802 - 100.0% State Grant - Library 4,000,000 131,007 3,868,993 3.3% Library Bond Issue/Contributions 1,912,433 - 1,912,433 0.0% Transfer from Library Reserve 3,000,000 - 3,000,000 0.0% Interest Earnings 2,700 5,694 (2,994) 210.9% Income from Sale of Assets - 27,193 (27,193) 0.0% Total $ 9,635,343 $ 971,388 $ 8,663,955 10.1% Expenditures Fire $ 292,210 $ 222,452 $ 69,758 76.1% Library 8,912,433 326,150 8,586,283 3.7% Police 73,700 11,262 62,438 15.3% Streets 350,000 1,119 348,881 0.3% Information Technology 7,000 - 7,000 0.0% Total $ 9,635,343 $ 590,261 $ 9,045,082 6.1% Reserve Balances Capital Asset Replacement Reserve $ 242,074 $ 244,781 Library Reserve $ 3,426,400 $ 3,595,433 Parkland/Recreation $ 192,735 $ 220,785 Encumbrances & Project Carry-forwards for FY 09: Library - Holzman Moss Architecture LLP $ 15,042 Library - Holzman Moss Architecture LLP 345,427 Recreation - Daisy Construction Basketball Court 30,000 Police - Warnock Automotive 1 Police Car equipped 21,006 $ 411,475

Page 7 of 7 City of Dover Finance Department Monthly Report – November 2009 Water/Wastewater Improvement & Extension Fund Summary 42% of Budget YTD Balance Budget Revenue 1 Beginning Balance-Water (unaudited) $ 431,400 $ 1,633,859 $ (1,202,459) 378.7% 1 Beginning Balance-Wastewater (unaudited) 219,375 614,667 (395,292) 280.2% Interest Earned - 18,675 (18,675) 0.0% State Loan-Water 2,404,017 - 2,404,017 0.0% State Loan-Wastewater 5,942,481 - 5,942,481 0.0% Transfer from Water Operating Fund for Water 500,000 350,000 150,000 70.0% Transfer from Wastewater Operating Fund for Wastewater 200,000 - 200,000 0.0% Transfer from Impact Fee Reserve 518,230 - 518,230 0.0% Total $ 10,215,503 $ 2,617,201 $ 7,598,302 25.6% Expenses Water $ 2,987,317 $ 221,561 $ 2,765,756 7.4% Wastewater 6,539,110 75,688 6,463,422 1.2% Water Treatment Plant 39,000 - 39,000 0.0% Budget Bal-Working Capital - Water 309,100 - 309,100 0.0% Budget Bal-Working Capital - Wastewater 340,976 - 340,976 0.0% Total $ 10,215,503 $ 297,249 $ 9,918,254 2.9% Reserve Balances Capital Asset Replacement - Water $ 184,698 $ 208,004 Capital Asset Replacement - Wastewater $ 87,357 $ 65,311 (1) Includes FY 09 project balances that will be completed in FY 10. City of Dover Finance Department Monthly Report – November 2009 Electric Improvement & Extension Fund Summary 42% of Budget YTD Balance Budget Revenue 1 Beginning Balance (unaudited) $ 1,461,547 $ 7,629,164 $ (6,167,617) 522.0% Beginning Balance Bond Proceeds 1 (unaudited) 1,378,257 1,378,257 - 100.0% Bond Proceeds 1,958,107 2,861,777 (903,670) 146.2% Interest Earnings 33,700 9,147 24,553 27.1% Transfer from Electric Revenue Fund 2,500,000 1,500,000 1,000,000 60.0% State Reimbursement for Projects - 2,950 (2,950) 0.0% DEMA Grant for Security System - 33,724 (33,724) 0.0% Total $ 7,331,611 $ 13,415,019 $ (6,083,408) 183.0% Expenses Power Plant $ 1,254,000 $ 113,336 $ 1,140,664 9.0% Transmission/Distribution 1,127,147 378,853 748,294 33.6% Electrical Engineering 3,525,536 1,083,076 2,442,460 30.7% Budget Bal. - Work. Capital 1,424,928 - 1,424,928 0.0% Total $ 7,331,611 $ 1,575,265 $ 5,756,346 21.5% Reserve Balances Depreciation Reserve $ 7,991,763 $ 7,880,633 Future Capacity Reserve $ 8,900,651 $ 8,865,839 (1) Includes FY 09 project balances that will be completed in FY 10.

Dover Police Department Monthly Report To Mayor & City Council “To Protect and Serve” November 2009

December 16, 2009 Honorable Carleton E. Carey, Sr., Mayor Members of Dover City Council City Hall Dover, DE 19901 Mayor Carey and Council Members: The following is the report on Police Department activities for the month of November 2009: COMPLAINTS Total complaints received through November 30th 36,000 numbered 26,046. This is a decrease of 1, 041 28,150 27,753 27,466 complaints over the same time period for last year. 30,000 27,087 26,046 24,000 18,000 12,000 6,000 0 2005 2006 2007 2008 2009 CRIMINAL INVESTIGATIONS 20 18 Cases Reported in November 10 Cases Cleared in 6 6 6 November 6 4 Cases Cleared from Previous Months 0 0 0 0 Burglary Robbery Rape

Report to Mayor and Council November 2009 Page 2 QUALITY OF LIFE TASK SECTION ENFORCEMENT ACTION ARRESTS ABANDONED VEHICLES 2 ALCOHOL VIOLATIONS 2 ASSIST OTHER 27 WARRANTS ON FILE 0 BIKE ON SIDEWALK 0 CITY PARK VIOLATIONS 0 CRIMINAL ARRESTS 6 DRUG RELATED ARRESTS 11 LOUD MUSIC 2 MISCELLANEOUS VIOLATIONS 9 PARKING VIOLATIONS 2 COLLECTION OF DELINQUENT DCO’S 0 PEDDLER 0 PROSTITUTION 0 WANTED CHECKS/CPC’S 16 WARNINGS/TRAFFIC ARRESTS 76 FUGITIVE 21 TOTAL ARRESTS 174 TRAFFIC ARRESTS 24,000 The department issued 18,525 traffic citations through this 17,974 18,525 17,397 16,901 17,033 reporting period. This is an increase of 1,492 citations over 18,000 the number issued during the same period last year. 12,000 6,000 0 2005 2006 2007 2008 2009 TRAFFIC CRASHES Through November 30th, Dover Police investigated 1,731 2,400 traffic crashes. This is a decrease of 100 traffic crashes 2,052 investigated during the same period last year. 2,008 1,943 1,831 1,731 1,800 1,200 600 0 2005 2006 2007 2008 2009

Report to Mayor and Council November 2009 Page 3 911 CENTER 19% During the month of November, our 911 Center handled a 911 Cell phone total of 9,762 calls averaging 326 calls per day. Dispatchers handled 1,848 calls on the 911 cell phone 11% 911 Landline lines, an average of 62 calls per day and 1,073 on the 911 landlines, an average of 36 calls per day. Administrative 70% Calls CITY ORDINANCE SUMMONS 12,000 9,760 9,318 9,204 8,406 th 7,479 Through November 30 , we issued 7,479 city ordinance summons, a decrease of 927 summons over November of 8,000 6,868 6,453 6,658 last year. *Note: of those summonses issued in 5,705 5,037 November, 22 were issued for handicapped parking violations, 9 for fire lane parking violations, 64 for false 4,000 alarms (47 for 3-5 alarms, 7 for 6-9 alarms, 6 for 10-15 alarms, and 4 for 16 or more alarms) and 15 for noise violations (9 for vehicle violations and 6 for residence 0 violations). 2005 2006 2007 2008 2009 ISSUED PAID Listed below are the major crimes and activities that occurred during the month of November: • On Thursday, November 5, 2009, a domestic took place at Whatcoat Apartments. The girlfriend asked her boyfriend to pack his belongings and leave the apartment. The boyfriend then accused another person at the residence of stealing his iPhone. The boyfriend brandished a handgun, had the victim remove his pants and then stole the victim’s two cell phones from the victim’s pants and fled. The boyfriend then returned, kicked open the door to the apartment, and again brandished the handgun. The girlfriend fled to a back room with her child and then jumped out the second story window, leaving the child behind. The boyfriend ransacked the apartment, damaging several items and fled. No harm was done to the child and the girlfriend was not injured in the fall. The boyfriend was later arrested. • On Friday November 6, 2009, a sixteen year old Dover High School student was contacted by the Dover Police Department School Resource Officer regarding recovering another student’s cell phone and a report by a faculty member that the student was in possession of alcohol. During the investigation the cell phone was recovered and the sixteen year old student was found to be in possession of two containers of an alcoholic beverage, and a razor blade that was concealed in his pants pocket. The student was arrested and transported to the Dover Police Department for processing where he was later released to a family member pending his appearance in Family Court. • On Monday November 9, 2009, Dover Police Department was contacted by staff at Bayhealth Medical Center who advised that a female had responded to the hospital with vaginal bleeding. Bayhealth staff advised that the female stated she had given birth to the baby in the early morning hours of November 7th at her residence in Smyrna and that the baby was still born. Bayhealth staff advised that the female further stated she and her husband then placed the baby in a trash bag and disposed of it in a dumpster behind the Hampton Inn. The deceased baby was recovered at that location and turned over to the State Medical Examiner’s Office. An Autopsy was performed and the male and female were both charged with abusing a corpse and conspiracy 3rd. Both were committed in default of bond.

Report to Mayor and Council November 2009 Page 4 Major crimes and activities that occurred during the month of November continued: • On Wednesday, November 11, 2009, the Dover Police Department took a report of a stolen vehicle. A short time later, police located the stolen vehicle in Capitol Green. The vehicle was occupied by two male suspects. One suspect fled on foot and was apprehended a short distance later. The ensuing police officer injured his left thumb in the process. The other suspect fled in the stolen vehicle and was apprehended a short distance away. Officers discovered the suspect had in his possession a crack pipe and several Xanex and Ambien pills in an unmarked prescription bottle. The suspect was taken to Kent General Hospital for treatment of his injuries sustained during the foot pursuit. While at Kent General Hospital, an officer observed the suspect attempting to conceal 8.8 grams of crack cocaine. • On Friday November 13, 2009, members of the Dover Police Department’s Quality of Life Section conducted a traffic stop at the intersection of South DuPont Highway and Loockerman Street. When officers made contact with the defendant they detected a strong odor of marijuana emitting from the vehicle. A subsequent search of the vehicle found the defendant to be in possession of 113 grams of marijuana packaged for sale which was concealed under the driver’s seat. The defendant was arrested and released on $4500.00 unsecured bond. • On Tuesday November 17, 2009, members of the Dover Police Department’s Quality of Life Section conducted a traffic stop at the intersection of Nimitz Road and Garfield Drive. When officers made contact with the defendant's they detected a strong odor of marijuana emitting from the vehicle. A subsequent search of the vehicle found the defendant's to be in possession of 119 grams of marijuana packaged for sale. The defendant's were arrested and released on $8000.00 unsecured bond. • On Thursday, November 19, 2009 at 1:53 p.m. a Dover Police Officer stopped a man for walking with an open container of alcohol in the area of the unit block of Governors Avenue. The man gave the officer a false name and then fled on foot. The man ran through a back yard and damaged a fence. The man was eventually apprehended after a struggle. The man was found to possess 2.2 grams of crack cocaine and drug paraphernalia. A computer check revealed the man to be wanted by the DSP Troop #3 for Robbery 1st, Assault 2nd, and Possession of a Deadly Weapon warrants. • On Friday, November 20, 2009, Dover officers were conducting a DUI Checkpoint when the odor of marijuana was detected coming from one of the stopped vehicles. The defendant was asked to exit the vehicle at which time he sped off. Dover officers in pursued the defendant. He then crashed into a fence and fled from the vehicle on foot. After a short foot pursuit the defendant was taken into custody. The defendant was also found to be in possession of marijuana. The defendant was arrested for Fail to Stop on Command, Resisting Arrest, DUI, Possession With the Intent to Distribute Marijuana, Possession of Marijuana, Maintaining a Vehicle, Hindering Prosecution, and numerous traffic related charges. The defendant was arraigned at JP Court #7 and was released on a $6,800 unsecure bond. • On Tuesday, November 24, 2009, a Dover officer was on patrol when he conducted a traffic stop on the defendants. After finding that the defendants had outstanding warrants they were taken into custody without incident. A subsequent search revealed a loaded .357 handgun, ammunition, crack cocaine, marijuana and a digital scale commonly used for weighing illegal drugs. Both subjects were arrested for Possession of a Firearm During the Commission of a Felony, Possession of Firearm by Person Prohibited, Possession with the Intent to Deliver Marijuana, Possession of Crack Cocaine, and Conspiracy 2nd. The defendants were arraigned at JP 7 and then committed to James T. Vaughn Correctional Center on a $44,500 secured bond Respectfully Submitted, Jeffrey Horvath Chief of Police

Monthly Report November 2009 Office of City Assessor

Assessor’s Office Major Updates Sep‐09 Oct‐09 Nov‐09 Assessment Change $8,857,400 ‐$219,300 ‐ $2,416,200 Residential Sales Ratio Report Sales in Study Total Assessed Value Total Sale Price Ratio PRD 31 $5,441,750 $5,286,026 1.02 1.11 Ratio – Assessed Value divided by Sale Price. PRD – Mean – A PRD above 1.03 tends to indicate assessment regressivity – high valued properties are under appraised relative to low valued properties. A PRD below .98 tends to indicate assessment progressivity – high valued properties are relatively over appraised.

Assessor’s Office Points of Interest Scanning & Filing ‐ All new deeds are being scanned and attached to the CAMA software for easy retrieval. ‐ All appeal documents and correspondence are being scanned and attached to the CAMA software for easy retrieval. ‐ All deeds from 2006 through current day are scanned and attached to our software. ‐ Hard Copies of original property record cards are being scanned and attached to the CAMA software for easy retrieval of previous years history. City Wide Revaluation ‐ Tyler Technologies is reviewing the Income and Expense Reports for Commercial Properties. (Please see attached Project Status report from Tyler Technologies)

City of Dover Sales Ratio Report for November 2009 PARID Address Total AssesesedSales DT Price ASR ED05‐067.01‐01‐43.00 318 Tpopaz Cir 271,200 9‐Nov‐09 271,015 1.00 ED05‐067.13‐02‐15.00 170 Carnoustie Rd 216,240 22‐Nov‐09 216,240 1.00 ED05‐067.15‐03‐23.00 70 N Ann Ave 94,620 11‐Nov‐09 57,750 1.64 ED05‐067.16‐02‐08.00 324 Ross St 118,900 17‐Nov‐09 85,000 1.40 ED05‐067.17‐04‐31.00 114 Sweetgum Dr 207,180 12‐Nov‐09 180,000 1.15 ED05‐067.17‐04‐54.00 137 Sweetgum Dr 265,900 10‐Nov‐09 220,000 1.21 ED05‐067.17‐04‐60.00 125 Sweetgum DR 240,630 25‐Nov‐09 190,000 1.27 ED05‐068.10‐04‐41.00 322 West Wind DR 170,300 24‐Nov‐09 170,300 1.00 ED05‐068.10‐04‐47.00 310 West Wind Dr 203,720 23‐Nov‐09 187,600 1.09 ED05‐068.14‐02‐47.00 390 Nimitz Rd 137,200 19‐Nov‐09 137,200 1.00 ED05‐068.15‐04‐04.00 200 Tea Party Trl 217,600 16‐Nov‐09 219,900 0.99 ED05‐068.19‐05‐20.00 152 Lexington Pl 176,400 13‐Nov‐09 180,000 0.98 ED05‐076.03‐01‐25.00 16 Quillen St 167,870 30‐Nov‐09 187,900 0.89 ED05‐076.03‐04‐57.00 437 Beuvalle Ln 241,240 30‐Nov‐09 294,137 0.82 ED05‐076.04‐06‐13.00 521 Ann Moore St 139,210 18‐Nov‐09 148,740 0.94 ED05‐076.05‐03‐19.00 178 Stoney Dr 164,030 20‐Nov‐09 145,000 1.13 ED05‐076.05‐03‐59.00 99 Stoney Dr. 158,390 20‐Nov‐09 158,390 1.00 ED05‐076.07‐01‐39.00 27 Saulsbury Rd 97,120 30‐Nov‐09 75,000 1.29 ED05‐076.09‐02‐41.00 279 Trafalgar Dr. 173,000 10‐Nov‐09 173,000 1.00 ED05‐077.06‐02‐15.00 922 E Division St 122,600 12‐Nov‐09 81,540 1.50 ED05‐077.06‐02‐84.00 802 E Loockerman St 122,710 20‐Nov‐09 158,800 0.77 ED05‐077.07‐01‐06.00 147 Holmes 125,500 9‐Nov‐09 129,000 0.97 ED05‐077.07‐07‐21.00 121 Lady Bug Dr. 160,410 1‐Nov‐09 175,810 0.91 ED05‐077.07‐07‐95.00 106 Nob Hill Rd 148,860 24‐Nov‐09 173,300 0.86 ED05‐077.07‐07‐98.00 100 Nob Hill Rd 175,680 23‐Nov‐09 190,334 0.92 ED05‐077.10‐02‐55.00 414 Collins Dr 99,510 29‐Nov‐09 67,500 1.47 ED05‐077.11‐05‐09.00 35 Mer Way 211,900 10‐Nov‐09 198,570 1.07 ED05‐077.11‐05‐17.00 67 Mer Way 214,700 4‐Nov‐09 215,000 1.00 ED05‐077.17‐01‐16.00 846 N Sunset Dr 173,630 25‐Nov‐09 177,000 0.98 ED05‐085.06‐01‐67.00 135 Creek Bend Rd 249,280 25‐Nov‐09 252,000 0.99 ED05‐085.12‐01‐40.00 212 Kesselring Ave 176,220 19‐Nov‐09 170,000 1.04 Total $5,441,750.00 $5,286,026.00 33.29

tyler TECHNOLOGIES Tyler Technologies. 12 Goose La ne Inc. Tolland, Connecticut 06084 (p) 800.273.8605 CLT Appraisal (f) 860.872.9526 & Tax Solutions www.tylertech.com MEMO PROJECT STATUS DOVER, DE To: Cheryl Russell, Assessor From: Steve Beccio - Project Supervisor Date: 11/20/2009 Staff currently assigned: Project Supervisor: Steve Beccio Clerical Support: Nicole Colbert Residential Final Review: Janice Kraynak; Ryan Zuck PROJECT START UP . Refer to Status Rpts 1/16/09 and 1/30/09. Office space The Assessor has provided Ty1er/CLT office space within the Assessor's office. Address: Tyler Techno10gies/CLT C/O City of Dover Assessor's Office P.O. Box 457 Dover, DE 19903 Phone: 302-760-4927 Fax: 302-736-4450 Photography Photos have been attached to parcel records. Van View has been implemented. Routing All maps have been routed and routing numbers have been entered into an Excel spreadsheet for importing into IAS Total: (11,753). Planned units to date: (11,757). Public Information All pre list information mailers have been printed and mailed. Approximately 9100 Residential Data mailers have been delivered to the City of Dover for bulk mailing as of July 22od• As of 10/09/09, 707 Data Mailers have been returned by property owners from which 84 incorrect photos have been identified by property owners. Press release updating public on the status of the revaluation program to be published in City of Dover's Quarterly News Letter within the next several weeks and will appear min the Dover Post in December. Residential Data Collection: As of 9/25/09; (9,149) first calls had been made.

tyleru.Jorks. Planned units to date: (9,200) Total Refusals: 170 6% of Contact Interior Refusals (Interior Infonnation & Exterior): 1490 51.5% of Contact Interior Refusals (No Interior Infonnation & Exterior): 58 2% of Contact Interior Inspections: 1175 40.5% of Contact Estimated: 759 8% ofthe time Vacant Bldg.: (259 unoccupied; 13 abandoned) 272 3% of the time No One at Home: 5224 57% of the time. Contact: 2892 32% of the time. Approximately 60 properties that were classed as residential on the 2008 Roll were flagged during residential data collection as being commercial conversions. Once commercial data collection has been completed these will have been resolved. Commercial Data Collection: As of 11/20/09: units to date: 1205* Planned units to date: (1205)* Exempt Data Collection: As of 11/6202009: units to date: 425* Planned units to date: (425)* Residential Pre-Review: As of 11/20/2009: 9,149 units completed. Planned units to date (9,200)* Data Entry: As of 11/20/09: 11,758 properties had been entered into the IAS World 2009 file. Planned units to date: (11,758)* * Planned units to date reflect numbers extracted from IAS after the 2008-2009 rollover. Apart from the total number of occurrences of active( current) parcel identifiers, the parcel counts within the individual categories of Commercial, Exempt and Residential were detennined by counting the number of "CLASS" occurrences; C, E, R, assuming these classifications represented parcels improved with buildings and excluded vacant land parcels. In the end the actual number of improved parcels will differ from those assumed in the "units to date" category above since many parcels assumed to be improved turned out to be vacant. To avoid this confusion in the future, all vacant land parcels have been assigned the classification of "V". The distinction between Exempt and non-Exempt is addressed in the Land Use Code; [(LUC). --- EOOand COOrespectively)]. Income and Expense Request: The Assessor's Office has mailed Income and Expense fonns to all commercial properties. As of 11/20/09, 775 had been returned. Of the 774,353 are either owner occupied or exempt and 422 have supplied income data, of which 390 have been entered into spreadsheets that will be utilized in developing income models. Outstanding Issues: Resolution oflot size discrepancies. The lot size for any parcel in IAS is calculated from the Land record and is displayed in the CALCACRES field ofthe Parcel record rather than being a fixed field. There are 2,478 parcels with no land size in the CALCACRES field ofIAS that do have land size records in the Kent Co. property record data base. There are 2,451 parcels with CALCACRES in IAS that differ from the Kent Co. records by 4% or more. The 4% was chosen as an arbitrary threshold because the Kent Co. land record apparently rounds lot size. This threshold could be recast at a higher rate subject to the Assessor's reVIew. Additionally there are a number of parcels (473) in IAS that have no lot size nor any match in the Kent Co. GIS data base. These have been given to the Assessor for resolution. As of 11/6/2009, approximately 1300 lot size discrepancies have been resolved. Land valuation will proceed. Any changes made to lot sizes in IAS by the Assessor's office will be communicated to Tyler so as to track changes to value.

tyleru.Jorks. VALUATION Land Formatting: All land I will be classified as either Primary or Residual according to whether it meets the zoning threshold. All land less than 1 acres will be fonnatted in square feet otherwise in acres. 1. That is the majority of land. Other land types to be employed; Secondary; Waterfront; Waste. Residential land models have been tested and loaded into lAS. Residential cost factors have been been updated and tested. Land and residential building cost have been applied to the residential data- base and tested against the sales data- base2. MRA(Multiple Regression) MRA modeling has been completed and applied to the residential subject data-base. The MRA Model was derived from an analysis of sales and plotted back to the sales data-base. The following ratio statistics summarize the application of both Cost and MRA to the sales data-base. Median ratio of Market Estimate and Cost estimate to time adjusted sales price. Mean ratio of Market estimate and Cost estimate to time adjusted sales price. MARKET 1.016 0.97 0.96 0.95 0.97 1.013 8.19 6.75 COST PRD Mean Agg. Total market AggCOD value of sales divided Median by total value of time adjusted sales prices. Total cost value of sales divided by total value of time adjusted sales price. PRD. Price Related Differential. Mean Ratio divided by Agg ratio for both Mkt. and Cost. A measure of assessment pro- gressivity or regressivity. COD. Coefficient of Dispersion. The average percentage deviation from the Median ratio. The statistics enumerated above are all well within the standards established by the lAAO. Once final review is complete these statistics will be recalculated as there will be changes resulting from the review. Final review of residential values will begin the week of November 9,2009. Sales Database: Because of market conditions, only sales for 2008 and 2009 (mid Sept.) will be used as the comparable sales set. It is possible that sales for the year, 2007 could be added back to the sales base. It's desirable to have at least lO% ofthe improved residential base be sale properties and it is common in mass appraisal practice to use sales from the three years prior to the valuation date, provided those sales are adjusted for time (market conditions).

DEC NOVNOV MAY NOV APR FEB IAN JUN JUL SEP 0.00 0.01 0.00 0.05 -0.01 -0.02 MAR DEC AUG OCT -0.03 -0.07SUGG 0.04 0.06 0.89 0.81 MONTH TREND 1.00VG A 0.92 0.98 0.93 0.87 0.97 0.99 0.88 0.83 0.84 0.87 0.85 0.86 0.92 0.95 0.97 0.91 TREND DIFF 1.00 0.83 0.81 0.98 0.798 0.883 ASR 0.837 0.9 0.904 0.794 0.759 0.761 0.752 0.766 0.787 0.769 0.776 0.773 0.819 0.822 0.852 0.754 0.829 0.753 0.853 0.834 0.872 0.902 0.726 0.728 0.764 0.774 0.746 0.96 0.89 0.87 0.84 0.93 0.84 0.86 0.95 0.83 0.85 0.94 0.99 0.78 0.84 0.92 0.88 0.91 0.89 0.87 0.97 0.85 0.94 0.95 0.82 0.789 tyler thehow decline. of 'u)orkJ. periodThe beginning abrupt the January, decline evidence shows 2007 has that been andisending there over the no riskNovember, three toyear accuracy and At period2009. by issue was employing public the perceptions the 2007determination sales. about that The trend analysis done by indGenie Flynn demonstrates a gradual decline in sales prices over

tyler uJorkJ. SUGG TREND 1.20 --------- 1.00 ------------ I 0.80 I 0.60 I 0.40 -SUGGTREND I I I 0.20 ------ - --------.----- ---- I Residential Final Review: As of 6/20/2009, 4489 residential properties have been reviewed. Planned Units to Date: 9200 Residential field review should be completed by 12/11/2009. Informal Hearings: Once final review is complete, property owners will be notified of the new tentative assessments. These letters of notification should be mailed no later than January 22,2010. Property owners will have the opportunity be meet infonnally with representatives of Tyler Technologies, if they have questions concerning their new assessment(s). The Archeology Museum at the comer of North St. and South Governors St. has been identified as the likely location for these hearings. Action Item • Continue final review of residential values. • Resolve land size discrepancies. • Develop commercial land and income models. • Complete Final Review of Commercial/Exempt properties. Sincerely, Steve Beccio, Project Supervisor CC: PMF EHF PM TLP

CITY MANAGER’S MONTHLY REPORT November 2009 City Manager’s Monthly Report, November 2009

Customer Services  1,107 payments were processed online or by telephone as of November 31, 2009.  City of Dover property taxes were due August 31, 2009 and as of November 30, 2009 the delinquent property taxes total $597,981.62. Our collection efforts include sending a delinquent statement, mak- ing phone calls, and enforcing the Clean Hands Act. The Inspection and Planning Departments have been providing assistance in collecting these outstanding debts. In November the properties over one year delinquent will be selected to process for the monition sale. Budget and Program Development  Coordinated Plan-It CIP software demo. Human Resources  Yearly United Way Campaign raised $7, 913 in employee donations.  Diversity Training held for all employees. Information Technology  First TAC meeting held with key departments. Parks, Recreation, & Library  The Library recorded 695 people attending 21 children’s programs.  Fourteen teens attended the Young Writer’s Workshop.  Job Center recorded 33 visitors. Public Services  Work continues on the remaining Fiscal 2010 Street Program locations and the Concrete Program. Public Utilities  Seven Line Crew employees attended a workshop, in Culpeper Virginia, that completes four years of Lineman Apprenticeship Training Program.  The Lafferty Lane Pump Station Project was completed. 2 City Manager’s Monthly Report, November 2009

CITIZEN ACTION CENTER August 2009 September 2009 October 2009 November Number of Frequently Asked Questions Per Month 495 521 304 253 This is where citizens can view answers to some of the most asked questions. By having this information available online it allows citizens to access the information regardless of the time; day or night. Total Number of Complaints Registered 200 175 150 125 100 75 50 25 0 Aug-09 Sep-09 Oct-09 Nov-09 Aug 09 Sep 09 Oct 09 Nov 09 Site Admin 1 2 1 1 Public Utilities 3 3 1 1 Public Services/Public Works 2 1 3 0 Police 1 1 3 2 Planning/Inspections 84 61 38 17 Average Days Open  Planning and Inspections: 7 days  Police: 2 days  Public Utilities: 0.50 days  Site Administrator: 1 day City Manager’s Monthly Report, November 2009 3

CENTRAL SERVICES Fleet Operations & Maintenance Costs Items on Hand with no Usage over 36 Months $80,000 140 $1,000,000 $70,000 120 Total Work Orders $60,000 $800,000 100 Total Dollars $50,000 80 $40,000 $600,000 60 $30,000 40 $20,000 $400,000 $10,000 20 $0 0 $200,000 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct - Nov- 08 08 09 09 09 01 09 09 09 09 09 09 09 08 08 09 09 09 09 09 09 09 09 09 09 09 Total Dollars Total Work Orders Electric Water General Work Orders: 73 Electric: $415,902.02 Fleet Maintenance: $ 8,247.74 (excludes Melvin’s Sunoco) Water: $ 24,323.97 Fuel: $34,896.09 General: $ 46,237.63 Stock Purchases by Fund Contingency & Warehouse Stock $4,500,000 2,700 2,600 $425,000 $4,000,000 2,500 2,400 Total Line Items $325,000 Total Dollars $3,500,000 2,300 2,200 $225,000 $3,000,000 2,100 2,000 $125,000 $2,500,000 1,900 1,800 $2,000,000 1,700 $25,000 Nov Dec Jan Feb M ar Apr M ay Jun Jul Aug Sep Oct Nov Nov- Dec- Jan- Feb- M ar- Apr- M ay- Jun- Jul- Aug- Sep- Oct- Nov- 08 08 09 09 09 09 09 09 09 09 09 09 09 08 08 09 09 09 09 09 09 09 09 09 09 09 Electric Water General Total Dollar Value Total Line Items Electric: $53,327.72 Total Dollar Value: $3,323,264 Water: $48,115.75 Total Line Items: 2,000 General: $11 ,115.98 Major Program Updates MEASURE NOVEMBER 2009 NOVEMBER 2008 DIFFERENCE Issue Effectiveness (>90%) How often the warehouse has what cus- 100% 99.1% 0.92% tomers need when it’s needed. [issues / (issues + back orders)] * 100 Turn Over Rate (4-5 per yr.) Indicates that the material stocked is the 1 every 28.33 years 1 every 27.22 years 1.11 years material being used. Bids for non-inventory items converted to 5 of 5 Bids 35 of 37 Bids purchase orders within timeframe 6% 100% 94% (Quantity and Percentage) Sealed bids prepared, received & distrib- 19 of 19 Bids 31 of 51 Bids uted within 7 working days of receipt 39% 100% 61% (Quantity and Percentage) Scheduled Preventative Maintenance 22 of 28 appointments kept 27 of 32 appointments kept appointments being kept. (Quantity and -5.8% 78.6% 84.4% Percentage) Mail receiving lowest discounted rate 32,386 pieces 32,367 pieces 0.4% (Quantity and Percentage) 97.1% 96.7% Routine work orders completed within 5 29 work orders completed 35 work orders completed 2.03% days (Quantity and Percentage) 90.2% 87.5% Emergency work orders completed within 3 work orders completed 4 work orders completed - 2 days (Quantity and Percentage) 100% 100% 4 City Manager’s Monthly Report, November 2009

CUSTOMER SERVICES WORK ORDERS PROCESSED EXTENSIONS OF CREDIT 720 738 800 708 698 3,500 3,164 657 700 621 3,000 535 557 542 556 600 2,500 1,875 1,848 1,841 500 1,784 1,803 1,737 356 356 352 2,000 1,519 1,581 1,487 1,516 1,382 1,382 400 1,500 300 1,000 200 500 100 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov 2008 2008 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2008 2008 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 2009 CUTS FOR NON PAYMENT CUSTOMER PAYMENT USAGE $1,800,000 80,000 69,950 67,367 $1,600,000 70,000 $1,400,000 60,000 $1,200,000 33,591 50,000 27,946 40,000 $1,000,000 $764,133 $739,980 14,355 $800,000 12,426 30,000 20,000 11,119 9,955 9,651 $600,000 10,000 52 $400,000 0 $110,597 $128,008 $200,000 Drive-Thru Over the Mail, Drop Credit Cards Bank Drafts Window Counter Box $- 2010 YTD 2009 YTD November 2009 November 2008 FYTD10 FYTD09 FY 2010 FY 2009 Major Program Updates Nov 2009 Nov 2008 Difference Year-to-Date Year-to-Date Number of Customers Served 21,914 20,742 1,172 125,782 136687 Final Bills 581 500 81 3,284 3,275 Estimated Bills 136 168 (32) 700 825 Penalties Posted $ 19,486 $ 20,181 $ (695) $ 92,730 $ 88,976 Extensions of Credit - Amount Extended $ 110,545 $ 356 $ 110,189 $ 645,052 $ 830,243 Balance Transfers $ 4,208 $ 7,750 $ (3,542) $ 23,378 $ 30,218 Utility Collections $ 14,842 $ 20,172 $ (5,330) $ 117,765 $ 186,663 Special Assessments $ 110 $ 180 $ (70) $ 32,336 $ 1,786 Miscellaneous Billings $ 127,653 $ 91,468 $ 36,185 $ 510,502 $ 220,964 CNP through Disconnect Collars 12 15 (3) 98 159 Court Cases - - - - 0 Tamperings 10 1 9 18 6 Taxes Levied $ - $ 895 $ (895) $ 9,821,008 $9,596,473 Billing Adjustments $ (4,574) $ (167) $ (4,407) $ (167) $ (167) Total Taxes Collected $ 95,917 $ 125,567 $ (29,650) $ 9,173,590 $8,796,310 Taxes Outstanding $ 597,982 $ 566,398 $ 31,584 $ 598,982 $566,398 Payments in Lieu $ 1,500 $ - $ 1,500 $ 7,500 $20,000 Billing Accuracy (on schedule billings) 99.9% 99.0% - 99.3% 99.0% Bills Published on Schedule 99.9% 99.9% - 99.9% 99.8% Meters Read on Schedule 99.9% 99.9% - 99.9% 99.9% Customer Satisfaction Rating 99.8% 99.7% - 99.7% 99.7% Deliquent Accounts Collected 99.7% 99.7% - 99.7% 99.7% City Manager’s Monthly Report, November 2009 5

HUMAN RESOURCES Customer Service Contacts Payroll Hours 300 9,000 8,000 250 7,000 200 6,000 150 5,000 4,000 100 3,000 50 2,000 0 1,000 0 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov 08 08 09 09 09 09 09 09 09 09 09 09 09 Nov Dec Jan Feb Mar Apr May Jun Aug Sep Oct Nov Jul 09 Citizens Assisted 43 30 25 20 25 68 75 75 60 50 41 73 54 08 08 09 09 09 09 09 09 09 09 09 09 Employees Assisted 79 65 75 37 70 97 150 80 70 65 59 84 91 Overtime 1,808 1,564 3,293 1,556 1,412 1,602 1,064 1,375 1,977 1,196 1,727 1,145 1,549 Applications Processed 1 0 0 35 0 2 0 0 0 125 1 15 0 Sick 1,903 2,018 4,832 2,173 3,320 1,969 2,115 2,069 1,776 1,470 1,584 1,473 1,241 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Category Total 08 08 09 09 09 09 09 09 09 09 09 09 09 * Caucasian 342 343 345 344 343 342 342 332 331 327 324 325 323 N/A * Minorities 64 64 61 60 59 59 61 63 62 62 60 60 61 N/A Hired 5 1 2 1 - - 2 - - - 1 2 1 15 Terminated/Resigned/ 1 - 2 3 2 1 - 1 2 4 6 1 2 24 Retired ** Promoted - - - - - - - 1 1 - 1 - 1 4 Jobs Posted 1 - - 1 - 1 - - - 1 1 1 - 6 Workers Comp. 13 4 2 3 6 3 2 6 4 3 3 1 1 51 Injuries Workers Comp. Hours 67 553 385 64 17 126 350 194 323 417 283 103 25 2,907 Insurance Claims 7 2 1 6 2 6 7 4 5 9 1 2 7 59 *A review has been completed to ensure the accuracy of the Caucasian and Minority employees. The figures for June 2009 reflect the revised and updated numbers. Workers’ Comp. hours may not be the result of injuries that occurred during the current month. ** Employee was promoted in July, however not indicated on report. Full-time Employees: 368 Part-time Employees: 16 (4 Pitts Center, 1 Recreation, 11 Library) Numbers do not reflect, temporary, seasonal, relief fire dispatchers, committee or council members. Jobs Posted: None Employee (s) Hired: Return of employee from active military duty. Employee (s) Retired: Storekeeper/Buyer II (Central Services); Deputy Police Chief Employee (s) Promoted: T &D Engineering Coordinator to Systems Operator Unfilled/Open Positions Jul Aug Sep Oct Nov By Department 09 09 09 09 09 Public Utilities 5 5 9 8 8 Public Services - - - 1 1 Police 1 1 3 3 3 All Other Departments 6 8 8 8 9 Totals 12 14 20 20 21 * Individuals on terminal leave (not included in Chart) : Library-1 One vacant position filled with temp position (included in chart): Central Services Changes for November 2009: Librarian II position was vacant before hiring freeze implementation and tracking of vacate position began. 6 City Manager’s Monthly Report, November 2009

HUMAN RESOURCES continued Feb Mar Apr May June July Aug Sep Oct Nov Bonus Program Category Total 09 09 09 09 09 09 09 09 09 09 Stop Program-Sensibly Taking Off 8 11 12 13 8 17 4 20 57 150 Pounds(weigh-ins) Pays-Program Awarding Your Suggestions - - - - - - - - - - - (submissions) On the Case-Cost And Savings Excavation - - - - - - - - - - - (submissions) Caught Doing it Right-Promotes employees 1 - 6 - - 7 - 1 2 4 21 productivity & creativity (submissions) Breathe Program-Rewards for ending tobacco - - - - - - - 1 - - 1 use (submissions) Ducs in a Row-Doing Useful Community - - - - - - - - - - - Service (submissions) Workers Comp Injuries 14 12 10 8 6 4 2 0 Nov- Dec- Ja n- Feb- Ma r- Apr- Ma y- Jun- Jul - Aug- Sep- Oct- Nov- 08 08 09 09 09 09 09 09 09 09 09 09 09 Public Utilities Public Services Police Others Public Utilities: 0 Public Services: 0 Police: 1 Others: 0 Workers Comp Hours 600 500 400 300 200 100 0 Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- 08 08 09 09 09 09 09 09 09 09 09 09 09 Public Utilities Public Services Police Others Public Utilities: 0 Public Services: 13 Police: 12 Others: 0 City Manager’s Monthly Report, November 2009 7

INFORMATION TECHNOLOGY Service Requests Resolved Citizen Action Center 500 150 118 123 118 123 125 400 102 102 100 81 81 73 300 73 75 223 219 224 212 216 226 211 30 203 28 53 190 40 178 36 53 162 161 43 43 40 200 50 36 36 41 123 53 5157 57 25 100 0 0 Nov- Dec- Jan- Feb- M ar- Apr- M ay- Jun- Jul- Aug- Sep- Oct- Nov- 08 08 09 09 09 09 09 09 09 09 09 09 09 No v- Dec- Jan- Feb- M ar- A pr- M ay- Jun- Jul- A ug- Sep- Oct- No v- 08 08 09 09 09 09 09 09 09 09 09 09 09 New Issues Customers w/ New Issues Supported PCs www.dover.de.us 500 100,000 77,138 450 400 66,744 352 65,415 350 345 348 333 75,000 350 318 287 291 294 295 295 295 53,304 283 50,109 52,462 300 45,740 47,989 47,278 250 50,000 44,310 44,905 45,054 200 150 * 100 25,000 No v- Dec- Jan- Feb- M ar- A pr- M ay- Jun- Jul- A ug- Sep- Oct- No v- -Nov -Dec -Jan -Feb -Mar -Apr -May -Jun -Jul -Aug -Sep -Oct -Nov 08 08 09 09 09 09 09 09 09 09 09 09 09 08 08 09 09 09 09 09 09 09 09 09 09 09 *Moved the site from Linux to larger Windows resource. Unable to obtain stat for month of July. Performance Indicators Current Month Last Month Same Month last Year iSeries Availability 100% 100% 100% Server Availability 100% 100% 100% Programming Rqsts Completed 9 20 1 AS/400 connections 34% 34% 37% concurrent/authorized users PCs Supported 352 348 283 Scheduled PCs Replaced - 1 - Servers Supported 16 16 16 People Trained 34 34 11 (Availability statistics based on 7:00 a.m. to 5:00 p.m. M-F) 8 City Manager’s Monthly Report, November 2009

PARKS, RECREATION & LIBRARY Library Adult Services Children Services 3500 1200 3000 1000 2500 800 2000 600 1500 400 1000 500 200 0 0 No v- Dec- Jan- Feb- M ar- A pr- M ay- Jun- Jul- A ug- Sep- Oct- No v- No v- Dec- Jan- Feb- M ar- A pr- M ay- Jun- Jul- A ug- Sep- Oct- No v- 08 08 09 09 09 09 09 09 09 09 09 09 09 08 08 09 09 09 09 09 09 09 09 09 09 09 Reference Reader's A dviso ry Outreach Electro nic A ssistance Reference Reader's A dviso ry Outreach Electro nic A ssistance Reference: 81 Reader’s Advisory: 23 Reference: 102 Reader’s Advisory: 48 Outreach: 143 Electronic Assistance: 120 Outreach: - Electronic Assistance: 41 CIRCULATION NOVEMBER 09 FYTD 10 NOVEMBER 08 FYTD 09 Dover residents 15,127 82,905 16,601 89,880 Kent residents* 14,674 80,503 16,638 86,287 Non-county residents 1,200 6,172 1,294 6,933 REGISTRATIONS Dover residents 218 1,232 190 1,704 Kent residents* 135 785 128 796 Non-county residents 14 87 11 84 OTHER Visiting Patrons 30,706 170,548 33,344 174,064 Meeting Room Usage 200 940 240 800 Photocopier Usage 1,576 8,297 1,207 6,550 Dial-A-Story 1,341 7,880 1,061 8,105 Computer Usage 4,642 25,637 4,415 25,221 Holds (Total) 5,630 29,917 4,633 25,659 *Breakout of Kent County Residential Statistics Circulation Registrations Harrington: 288 Harrington: 1 Smyrna: 775 Smyrna: 4 Milford: 81 Milford: 2 Outside City Limits: 13,590 Outside City Limits: 128 Total Registered Users: (Card Holders) City: 14,776 County: 12,775 New Castle & Sussex Counties: 821 Other: 4,520 Other Points of Interest: Interlibrary: 3,033 items loaned out Technical services: 1,157 items added 2,747 items borrowed 2,987 items deleted Volunteers: 117.5 hours of service completed City Manager’s Monthly Report, November 2009 9

Parks and Recreation Recreation Revenue Recreation Revenue Breakdown $30,000 $22,51 8 $ 25,000 $21,39 3 $21,82 6 $25,000 $20,13 1 $20,000 $15,97 0 $ 20,000 $12,10 9 $15,000 $ 15,000 $10,73 4 $9,160 $10,000 $ 10,000 $7,447 $7,919 $6,287 $6,466 $5,343 $5,000 $3,829 $ 5,000 $0 Nov- Dec- Jan- Feb- M ar- Apr- M ay- Jun- Jul- Aug- Sep- Oct- Nov- $0 08 08 09 09 09 09 09 09 09 09 09 09 09 Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jul- Aug- Sep- Oct- Nov- General Rental Payments Sports Leagues Trips 08 08 08 09 09 09 09 09 09 09 09 09 09 09 General: $2,035 Rental Payments: $4,375 Sports: $1,732 Leagues: $17,055 Trips: $879 RENTALS NOVEMBER 09 FYTD 10 NOVEMBER 08 FYTD 09 Baseball/Softball Field Rentals* 1 108 1 158 Dover Park Pavilions (2) - 18 - 24 Multipurpose/Field Hockey Field Rentals* - 44 - 28 Recreation Center – Dover Park 14 58 6 70 Silver Lake Pavilions (2) / Schutte (1) - 29 2 24 Soccer Field Rentals* 2 10 3 14 Stage - 13 - 10 *These numbers reflect groups that utilized our facilities during NOVEMBER. PROGRAM ATTENDANCE* FYTD 10 NOVEMBER 08 FYTD 09 NOVEMBER 09 Soul to Sole Line Dancing 2 10 Not Offered *These numbers reflect activities that ended/ took place in NOVEMBER at Dover Park. (not included on the JWP report). Pitts Center - Total Program Attendence FREE Open Gym Registration Cards* - through 9/30/2009 Total Cards Issued: 2,980 8,873 City Residents: 1,405 - (47%) 10,000 8,000 Non-City Residents: 1,575 - (53%) 8,000 - Kent County: 1,1233 - (41%) 5,935 - Sussex County: 106 - (4%) # of people 6,000 - New Castle County: 76- (3%) 4352 3,975 - Out of State: 160 - (6%) 3,335 2,925 2,966 2,761 2,492 2,431 4,000 1,175 1,315 *The cards permit entrance to the facility during sched- 2,000 uled Public Gym Periods at no charge. 0 No v- Dec- Jan- Feb- M ar- A pr- M ay- Jun- Jul- A ug- Sep- Oct- No v- 08 08 09 09 09 09 09 09 09 09 09 09 09 10 City Manager’s Monthly Report, November 2009

PUBLIC SERVICES Administration Administrative review and inspection services continued on all residential and commercial developments. The following residential subdivisions are in various phases of construction: Oak Shadows Emerald Pointe Lexington Glenn Village of Westover (Phase VI) Seskinore Nottingham Meadows Stoney Creek (Phase II) Clearview Meadows Village of Cannon Mill Somerset Park Patriot Village Eden Hill (Residential) Farthing Woods Sanitation Sanitation Hours Monthly Total Refuse Collection (Tons) 1,106.1 1,118.0 1,043.5 1,077.5 1,040.8 1,032.4 1250 1,011.8 1,300.0 1,100.0 892.8 928.4 1000 796.4 831.0 833.4 863 776.9 775 900.0 750 531.4 525 494 474.3 700.0 411.9 409.6 441.7 425.8 419.3 461 396 358.2 375.7 500 500.0 315.2 319.0 240.3 223.9 300.0 250 23.5 44 4 6 100.0 0 Nov Dec Jan Feb Mar April May June July Aug Sept Oct Nov Bulk Collection Mechanized Hand Trash Container Electronic Goods 08 08 09 09 09 09 09 09 09 09 09 09 09 Collection Collection Repair/Delivery Pickup Bulk Automated November 09 November 08 NOVEMBER 09 FYTD10 NOVEMBER 08 FYTD 09 Tons Dry Waste Collected 112.82 817.98 111.50 826.84 Tipping Fee Savings Realized $2,199.99 15,950.61 $2,174.24 16,123.37 Trips to DSWA Sandtown Landfill 207 1,210 216 1,321 Total Tonnage to DSWA 1,152.47 6,828.40 1,111.64 7,053.01 90-Gallon Containers Delivered 17 153 21 190 300-Gallon Containers Delivered - 22 10 42 Total Man Hours-containers Delivered 23.5 186 43.5 274 CURBSIDE TOTAL # OF HOUSEHOLDS WEIGHT/LBS. % PICKED UP RECYCLING STATS HOUSEHOLDS PICKED UP Nov 2009* 15,376 10,118 214,202 66% *Numbers are reported one month behind City Manager’s Monthly Report, November 2009 11

STREETS NOVEMBER 09 FYTD10 NOVEMBER 08 FYTD 09 Signed Installed 3 107 23 172 Signs Repaired 12 61 3 51 Curbs Painted Yellow (feet) 0 240 0 2,491 New Post Installed 8 97 2 17 Storm Catch Basins Cleaned 9 59 0 0 Storm Catch Basin Cleaning (Hrs.) 0 11 0 0 Hot Mix Patching (Tons) 0 651 0 283 Cold Mix Patching Hrs.) 0 100 0 134 Concrete Work (Hrs) 0 150 0 216 Concrete Patching (Cubic Yards) 0 12 0 25 Street and Alley Maintenance (Hrs) 140 705 144 791 Street Sweeping (Miles) 0 5,874 0 5,322 Street Sweeping (Cubic Yards) 0 996 0 1,038 Leaves Collected (Cubic Yards) 8,086 9,286 6,000 7,200 Leaf Collection (Miles) 3,385 4,304 2,816 3,616 GROUNDS Arborist Crew NOVEMBER 09 NOVEMBER 08 Trees Removed 12 3 Trees Trimmed 57 21 Stumps Removed 1 5 Root Pruning 6 2 Trees Planted 17 18 Beautification Crew – Planted thousands of tulips, hyacinths and daffodils in the annual beds and the containers. Grounds Maintenance/Mowing Crews – Assisted Arborist crew with removal of 3 trees for the sidewalk replacement program. – Special Projects Crew – Planted a total of 16 trees and 102 shrubs at Silver Lake Park as part of the St. Jones River Riparian Buffer Project. The majority of the plants were purchased through a NRG Energy grant. 12 City Manager’s Monthly Report, November 2009

LIFE SAFETY Inspections NOVEMBER 09 FYTD10 Fire and Safety Inspections 18 143 Fire Code Inspections 71 348 Certificate of Occupancy 8 49 Office 96 563 Meetings 49 211 Plan Review 33 289 Training 43 362 Fire Education - 14 Fire Investigations 25 130 Accidental $135,000 $151,000 Incendiary $2,500 $132,500 Undetermined $4,000 $19,000 PERMITTING AND LICENSING Permits Issued NOVEMBER 09 FYTD10 NOVEMBER 08 FYTD 09 Building Addition/Renovation Permits 33 246 31 262 Building Permits 2 57 9 56 Demolition Permits 5 21 - 13 Fence Permits 6 48 7 66 Fire Prevention Permits 5 35 9 42 Mechanical Permits 21 215 30 305 Plumbing Permits 28 264 28 344 Sign Permits 27 125 17 98 Swimming Pool Permits - 1 1 9 Business Licenses 72 1,076 28 1,594 Merchant Licenses 9 269 10 326 Contractor Licenses 43 668 - 865 Lodging House Licenses 1 1 - 1 Mobile Homes 77 346 6 352 Public Occupancy 3 19 1 19 Rental Dwelling 27 102 1 115 Vacant Buildings - - - - BUILDING INSPECTIONS Permits Issued NOVEMBER 09 FYTD10 NOVEMBER 08 FYTD 09 Building 276 1,997 278 1,428 Plumbing/Mechanical 138 1,569 200 1,009 Certificate of Occupancy 26 142 16 126 City Manager’s Monthly Report, November 2009 13

PUBLIC UTILITIES ELECTRIC System Peak Total System Load 180.0 161.1 78,500 147.2 90,000 71,603 133.8 160.0 127.6 64,790 80,000 122.0 60,634 63,350 140.0 57,892 58,013 59,833 111.5 109.4 110.2 56,118 55,311 56,420 107.5 70,000 106.0 53,597 54,029 120.0 101.9 99.1 98.2 60,000 100.0 50,000 80.0 40,000 60.0 30,000 40.0 20,000 10,000 20.0 0 0.0 Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov 08 08 09 09 09 09 09 09 09 09 09 09 09 08 08 09 09 09 09 09 09 09 09 09 09 09 Outages Customers of Gained/Lost 20 30,000 35 32 25,000 30 15 20,000 25 23 Customers 19 Outages 10 15,000 20 17 17 15 15 15 15 11 10,000 10 5 10 6 7 5,000 4 5 0 0 0 Nov Dec Jan Feb Mar Apr May June July Aug Sep Oct Nov 08 08 09 09 09 09 09 09 09 09 09 09 09 Nov Dec Jan Feb Mar Apr May June July Aug Sep Oct Nov 08 08 09 09 09 09 09 09 09 09 09 09 09 Outages Customers Outages: 7 Customers: 195 ELECTRIC OUTAGE REPORT # OF OUTAGE # DATE TIME OUT TIME IN LOCATION DEVICE ACTION CUST 1 11/01 03:04 AM 08:06 AM Frazier Substation Bad Underground 11 Repaired Underground 2 11/03 10:57 AM 12:01 PM 1133 S Little Creed Road Blown Fuse 24 Replaced Fuse 3 11/04 09:46 AM 10:20 AM 609 Carriage Lane Blown Fuse 22 Replaced Fuse 4 11/14 09:49 AM 10:51 AM 109 Philchris Drive Blown Fuse 47 Replaced Fuse 5 11/15 04:15 PM 08:26 PM 238 Pine Street Bad Transformer 23 Replaced Transf ormer 6 11/24 07:39 AM 08:03 AM 3761 N DuPont Highway Burnt Jumper 2 Repaired Jumper 7 11/24 08:29 AM 09:30 AM 107 Woodland Drive Blown Fuse 66 Replaced Fuse 14 City Manager’s Monthly Report, November 2009

ENGINEERING SERVICES Completed Projects Active Projects / % Completed Projects in Design / % Completed  Governor’s Avenue from  Grandview Mobile Home Park - 80%  Wawa Bay Court Plaza Redesign - 90% Fulton Street to Mary Street  Cahne Medical Building - 0%  Lexington Glenn - 80%  Clearview Phase 1, 2, 3 - 50%  North Street Improvements - 50%  Tall Pines, Dover Kenton Road - 10%  Cannon Mill, Phase III - 100%  Nottingham Meadows - 50%  Chick Filet --0%  Cannon Mill, Phase II - 90%  Wawa Court Street - 100%  Kent Acres Rehab - 95%  Kesselring Farm - 100%  SR1/SR9 Rebuild - 1%  Culligan Complex, Saulsbury Road - 40%  Stover Professinal Center 508 - 90%  Dover Transit - 0%  Dove View Development - 30%  1600 N. Little Creek Road - 0%  Governors Avenue Phase I - 90%  Spence’s Bazzar - 0%  Patriot Village - 20%  Brentwood - 100%  State of Delaware I/T - 99%  Kent General Hospital - 100%  O’Brien Building - 75%  Kent 8 Building - 100%  DAFB Feeder - 80%  Walgreens Dupont Highway - 0%  Schoolview Development - 95%  Silver Lake Blvd Townhouses - 100%  Eden Hill Residential - 15%  W. Riley Brown - 0%  12707-12206 Tie - 50%  Governors Lighting Fulton-State St - 100%  South Shore Drive - 90%  Dover Crossroads - 100%  Cross Gates Development - 45%  CVS Forrest Street - 100%  Buchanon Acres - 40%  Fairfield Farms Lighting - 100%  Village of Blue Hen - 10%  Candlewicke Lighting - 100%  Garrison Fiber - 0%  Vernon Woods - 40%  The Arbors Senior Center - 0%  Eden Hill Commercial - 10%  Farthing Woods - 100%  L & W Insurance - 100%  Fiber-Robbins Hose - 0%  Fiber-DEDO - 100%  Public Library - 0%  Fiber- Dover Downs - 10%  Fiber-Garrison - 10%  Riley Brown - 5%  Dover Animal Hospital - 0% TRANSMISSION AND DISTRIBUTION Underground Work % Completed Overhead Work % Completed  Clearview Meadows Ongoing  Overhead maintenance Ongoing  Lexington Glenn Ongoing  Maintenance of City lighting Ongoing  Nottingham Meadows Ongoing  Capitol Park upgrade to underground 85%  Seskinore Development 95%  Ridgley Street Storage 60%  Stover Professional Center 90%  Kent Acres 99%  Bush Farm College Road Feeder 100% City Manager’s Monthly Report, November 2009 15

MAJOR PROGRAM NOV 09 NOV 08 DIFFERENCE FY09 YTD FY08 YTD UPDATES Tree Trimming 230 274 44 966 957 5-Yr Pole Testing & Program Not Active Repair Program Annual Infra-Red Completed Testing Annual Substation Oil Completed Testing Track the amount of spills, clean-ups, equip. 1 - -1 15 20 sales, & environmental disposals. New Professional Work Practices & Procedures; Diversity Training - - - - Implemented Universal safety/security training, as mandated by federal, - - - - - state, & local regulations, completed Nov Dec Jan Feb Mar Apr May June July Aug Sep Oct Nov METER STATS 08 08 09 09 09 09 09 09 09 09 09 09 09 Radio Read Meter Installations 63 36 20 43 42 38 53 53 122 119 41 50 64 Meters Tested 6 39 1 107 50 59 - - 235 97 159 57 96 Meters Junked - - - 59 - - - - 86 - 102 32 - Meters Removed 21 15 2 22 9 11 10 10 12 8 8 - 13 Meter Changes 21 10 2 24 13 20 24 24 91 77 13 13 36 New Services 21 11 11 8 15 10 16 16 13 23 13 21 15 Services Retired - 1 - - 2 - 1 1 4 - 5 1 - Switching schedules 8 14 9 10 10 14 12 20 7 3 6 4 11 Work orders 230 289 289 263 263 277 279 526 861 1,047 303 286 1,107 Miss Utility tickets called back 1,533 1,884 1,788 1,713 1,713 2,283 1,947 2,277 2,022 1,724 2,416 2,118 1,370 Tickets located 1,708 285 1,774 1,701 1,911 2,256 2,145 2,206 912 873 1,638 1,388 1,091 SUBSTATION RELAY Substation Status  Lebanon Station Maintenance  Mid City Foundation Construction  McKee Breaker Verification 16 City Manager’s Monthly Report, November 2009

WATER/WASTEWATER Water Production/Billed Consumption/Flow to Kent County 200 150 Million Gallons 100 50 0 Nov 08 Dec 08 Jan 09 Feb 09 Mar 09 Apr 09 May 09 June 09 July 09 Aug 09 Sep 09 Oct 09 Nov 09 Total Water Production Billed Consumption Total Flow to Kent County City Readings Water Production: 103,961,000 Billed Consumption: 118,311,000 Total Flow to Kent County: 124,995,000 * City Readings: 147,812,000 *Billing behind one month NOVEMBER 09 NOVEMBER 08 Water Production – Daily Average 3,465,367 4,047,733 Fire Hydrants – Flushed - 469 Fire Hydrants – Tested 4 41 Final Readings 151 859 Cutoffs 5 6 Turn-on’s 15 9 New Inspections 6 13 Curb Boxes Located 48 29 Curb Boxes Adjusted 4 2 Water Service Lines Repaired - 2 Water Meters Repaired 37 76 Radio Technology Installations 28 346 New Meters Added 13 7 Total Water Meters in City Distribution System 13,755 13,578 NOVEMBER 09 NOVEMBER 08 L.F. Sewer Lines Flushed 49,641 53,780 Sewer Lines Inspected - - Feet Sewer Mains Videotaped 138 811 Manholes Inspected 276 301 Manholes Cleaned 276 283 City Manager’s Monthly Report, November 2009 17

Major Program Updates NOVEMBER 09 NOVEMBER 08 DIFF FY10 YTD FY09 YTD State and Federal Violations 0 violations 0 violations - - - Water Quality Complaints 12 4 8 355 379 Infrastructure Repairs (Water 24 repairs 40 repairs 2 repairs reported 6 repairs reported -4 Distribution) reported reported Infrastructure Repairs 14 repairs 25 repairs 1 repairs reported 2 repairs reported -1 (Wastewater Transmission) reported reported Water System Flushing 0% 0% 100% 100% Completed (on schedule) Percentage of Flow Sent to Kent County vs. Gallons Billed 94% 80% 14% 78% 84% (inflow/Infiltration monitoring) Plan Review Completed within 11 plans 15 plans -4 plans 30 days of Submission 98% 96% 91% 100% Inspection Response within 48 100% - 100% - hours of Request 18 City Manager’s Monthly Report, November 2009

CITY PLANNER’S MONTHLY REPORT Public Services Group P.O. Box 475 Dover, DE 19903 Phone: (302) 736-7010 Fax (302) 736-4217 November 2009 PERSONNEL Damage Assessment Training was held at the Delaware State Fire School on November 3, 5 and 6th through the Fire Marshal’s Office. Training was to provide process and procedures that would be followed in the event of natural disaster emergencies for staff within the Public Services Department. On November 5, 2009 Janelle Cornwell and Michael Albert attended the DE/MD APA Conference Committee planning meeting held in New Castle, DE. On November 17, 2009 mandatory Diversity Training was sponsored by the Human Resources Department. EDEN HILL FARM TND In November, construction of the townhouse units continued in the Residential District of Eden Hill Farm Traditional Neighborhood Design. One townhouse received a Temporary Certificate of Occupancy in November with another set anticipated to be completed in December. Also in November, the first Building Permit applications for a duplex set (Glyndon style) were filed for review; however, the applicant is working to address a garage sizing issue identified by Staff during the review and the Planning Office is awaiting resubmission. In November, there was no specific activity associated with the Professional Office, Medical & Financial District other than the acceptance of the right-of-way and public infrastructure on Banning Street for dedication by City Council. The Revised Implementation Plan (March 2009) for Neighborhood Commercial District is in the Check Print review process working towards Final Plan approval; no plan resubmissions for review were received in November. COMPREHENSIVE PLAN IMPLEMENTATION Comprehensive Rezoning Project 2009/Comprehensive Plan Amendments: The process continued on November 2, 2009 with the City Council holding public hearings and review of the recommended rezonings and the proposed Comprehensive Plan Amendments. The information packet provided to the City Council included the recommendations of the Planning Commission from their October meetings. The City Council took final action on November 23, 2009 to adopt Ordinance #2009-22 Comprehensive Rezoning Project to amend the Zoning Ordinance and Zoning Map which reflected the rezoning recommendations they developed during the hearing process. They also adopted Ordinance #2009-21 Comprehensive Plan Amendments which adopted the revisions to the Table 12-1: Land Use & Zoning Matrix and Map 12-1: Land Development Plan Map. Staff will begin preparation of the notices of decisions and the various final publication documents. Other Activities: In November, research or planning steps have been taken for the Short Term Implementation (2009-2010) projects and studies including the following: the engineering services consultants continue work on components of Garrison Oak Master Plan including participating in the November PLUS review meeting on the project and the filing of the Conceptual Subdivision Plan; and the Historic District Commission continues to work on reviewing the Design Standards and Guidelines for the City’s Historic District. CODE ENFORCEMENT

Case Type # cases # cases % staff % staff current month YTD initiated initiated YTD current month No valid rental permit 10 118 100% 96% No valid building permit 2 59 100% 90% Tall grass and weeds 4 647 100% 75% Unregistered vehicle 1 65 100% 77% Abandoned vehicle 4 82 75% 73% Annual Housing 64 777 88% 97% Inspection CO Inspection – 0 88 0% 100% Planning Property Maintenance – 48 717 44% 71% Exterior Electric Termination 18 248 6% 2% Dover Code of 69 1004 65% 75% Ordinances Zoning 19 273 95% 84% Basketball goal 0 29 0% 83% Total Cases 239 4107 Total # of Inspections 621 COMMUNITY DEVELOPMENT FISCAL YEAR 2008 Dover Interfaith Ministry to the Homeless Bids have been submitted and work should begin in early 2010. FISCAL YEAR 2009 Homeowner Rehabilitation Program Three (3) homes are under contract to have housing repairs. Two properties have been completed and one is 80% completed. The waiting list will be opened in early 2010 for a second round of rehabs in the spring of 2010. Homeownership Assistance Program (Down Payment Assistance) One family has purchased a home and two families are mortgage ready. GEMS Properties 217-219 West Reed Street Roof has been completed on building for rental property. Neighborhood Stabilization Program (NSP) Five properties have been purchased and $709,331 has been expended in NSP funding year to date. MEETING REPORTS Board of Adjustment: The Board of Adjustment did not meet on November 18, 2009 due to the lack of quorum; however a special meeting will be held on December 2, 2009.

Downtown Dover Partnership: Board meeting was held at the former Archeology Museum. A partnership is being discussed between the State of Delaware, Wesley College and the DDP to find an interim solution/use for this property. DDP Parking Committee held several meetings with representatives from the State of Delaware’s facilities management office and Jed Hatfield of Colonial Parking to discuss parking solutions for the new Courthouse. The State is looking to purchase two properties that are for sale adjacent to the Water Street lot to be used for surface parking. When their parking plan is finalized, they will present their proposal to the parking committee for review prior to sending it to the Planning Commission for approval. A meeting was held with representatives of EDIS to discuss potential development projects in the downtown district. Tenants at 684 Forest Street were relocated to facilitate renovations needed for the homeless shelter. The one remaining tenant will be relocated to space at 680 Forest Street. Economic Development: Conference call with DEDO representatives and LED manufacturer to discuss funding for the manufacturing facility. A potential site has been identified for the facility and funding is being pursued. Bill arranged for letters of support for U.S. State Department purchase of property in Queen Anne’s County, Maryland to be used as a training facility for State Department security personnel. He also coordinated support from the Governor’s office, DEDO, and Delaware’s Congressional Delegation. We received call from Congressman Castle’s office on November 30th stating that the Queen Anne’s County site was selected as the preferred site. Bill and Ed attended the November 14th Import/Export Summit held at the SunRoc facility by the Columbian Chamber of Commerce. Bill introduced Lt. Governor Matt Denn at the Kent Economic Development Summit held at Delaware Tech on November 13th. Bill and Ed also participated in the DESK Energy Expo held at the Sheraton Dover on November 21st. As a member of the Board of Directors of the Delaware Sports Commission, Bill participated in the press conference held at Frawley Stadium to introduce commission members on November 6th. Bill presented the Garrison Oak Conceptual Subdivision Plan to the PLUS Committee on November 25th. Economic Development Benchmarks FY 2010 Measures: 1. Maintain an unemployment rate for the City of Dover that is lower than national & state average. 2008 Actual 2008-2009 Actual 2009-2010 Projected Results 5.8% - U.S. Rate 9.4% - U.S. Rate <10% rate in July 2010 4.8 % - DE Rate 8.2% - DE Rate 10% - U.S. Rate 5.7% - City of Dover Rate 9.5% - City of Dover Rate 8.5 % - DE Rate in July 2008 in July 2009 8.4% - City of Dover Rate November 2009 - Actual 2. Monitor number of contacts with small businesses and with out of town companies interested in locating in Dover. 2007-2008 Actual 2008-2009 Actual 2009-2010 Projected Results Economic Development 10 contacts with potential 20 contacts with potential Office not yet created. small businesses small businesses 9 contacts with out-of- 9 contacts - YTD town companies 15 contacts with out-of- interested in locating in town companies Dover interested in locating in Dover 7 contacts – YTD

Historic District Commission: The Historic District Commission met on November 19, 2009 and took the following action. The next regularly scheduled meeting for the Historic District Commission is December 17, 2009. Discussion is ongoing regarding updating the Historic District Guidelines. 1. HI-09-03 Mitten & Winters at 117-119 West Loockerman Street: Architectural Review Certification - Approve the project which would be granting the Architectural Review Certification to the project as follows: The requirements for the project would be that the red brick be utilized and it is the full replacement of the façade in a similar pattern to what is there basically making use of the corbelling. Allow for the removal of the existing watertable and its replacement in brick with an expressed presence of the watertable. Recommendation that the pent roof be permitted to stay or replaced and that the architectural shingle is approved; however, the Commission recommends consideration of less intrusive means for this pent roof i.e. a flatter roof system or encouraging consideration of metal for the roof surface. Approval of the pent roof soffit as a cedar soffit. Approval of the replacement of the existing doors with a stained door wood door with consideration given to the style of this door to a more commercial storefront style. To note that the windows have already been approved under separate permit and to accept the other suggestions from the Staff report Item #4 a, b, and c that deals with the new door side lights or other appropriate lighting for the façade and noting the applicant’s intent to remove the door trim work surrounds that is existing and that signage would not be Colonial style signage. Planning Commission The Planning Commission met on November 16, 2009 and took the following actions listed below and also discussed the appointment of a By-Laws and Parliamentary Procedure Sub-Committee. The next scheduled Planning Commission meeting is scheduled for December 21, 2009. 1. C-09-08 PrimeCare Medical Transport at 601 Fulton Street – Moved to approve with all DAC comments and to include approval for the elimination of sidewalk to the east of their entranceway and the elimination of curbing as presented on the plan. 2. S-09-22 Dover Mart Shopping Center and Wawa at Route 13 and Court Street – Moved to approve with all DAC comments and requested waivers that includes an arterial street buffer reduction for both properties as well as elimination of curbing for both properties to allow for drainage into the stormwater management area. Also approved is Wawa’s request to eliminate the curbing along the parking areas around the building to allow for bollards in place of curbing. 3. SB-09-04P Villages of Maple Dale Senior PND at Maple Dale Country Club – Moved to approve with all DAC comments provided and inclusive of all the testimony given both by email and letter here tonight as well as verbally. To include in this motion acknowledgement of the waivers that were already granted at the September Planning Commission meeting and the recognition of the additional waiver of the elimination of rear alley emergency access that was approved by City Council. Submitted by: Ann Marie Townshend, AICP Planning & Community Development Director

City of Dover Capital Investment Plan Project Tracking Report November 30, 2009 Points to Remember - * Original Project Budget = Original Total Project Budget initially included in approved annual budget. * Latest Project Budget = Revised Total Project Budget included in most recent approved annual budget or one of the following: bond resolution, revolving fund loan agreement, Council approved budget amendment, or City Manager approved amendment as per the Budget Amendment Procedure. * Current Fiscal Year - Revised Fiscal Year Budget = Current Year approved project budgets plus carry forward balances of unspent budgets in the prior fiscal year. Project Carry Forward balances will be submitted to City Council for amendment in January 2010. Can also be amended with City Manager approval per the Budget Amendment Procedure. * Water Quality, Inflow/Infiltration, Distribution Upgrades and New Development projects are budgeted as a blanket project and once individual projects are identified and estimated they are created using an allocation of the overall budgeted amount. Examples are Water Quality - Pear Street; New Developments - Kent County Lighting; Distribution Upgrades - Crossgates; * The FY10 Budget for Community Transportation & Streets $350,000 is expected to change based on the State of the City Review. * Status and Comments provided by City Manager. * For Finance purposes projects are considered completed when placed in service and all charges have been processed. Community Water & Total Current Year Budget Funding Sources General Transportation Wastewater Electric CIP Beginning Budget Balance $ 375,408 $ - $ 699 $ 36,619 $ 412,726 Federal &/or State Grants 4,180,234 1,000,000 45,248 240,875 5,466,357 Revolving Fund Loans - - 8,346,498 - 8,346,498 Bond Proceeds 1,912,433 - - 4,240,034 6,152,467 Impact Fees - - 518,230 - 518,230 State Funds (FY09 Carry Forward Gov Ave) - - - 710,318 710,318 Parkland Reserve 40,000 - - - 40,000 Library Reserve & Contributions 3,180,235 - 3,180,235 Transfer from Operating Funds 344,802 472,690 700,000 886,012 2,403,504 Interest Earned 2,700 - - 33,700 36,400 Project Carry Forward Balances 51,006 - 1,094,697 2,652,769 3,798,472 Total Funding Sources (Unaudited) $ 10,086,818 $ 1,472,690 $ 10,705,372 $ 8,800,327 $ 31,065,207

City of Dover General Fund - Major CIP Projects November, 2009 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project Current Revised Fiscal Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD % Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments FY2008 M Park Improvement Program $ 30,000 $ 30,000 $ 28,734 $ 1,266 95.8% $ - $ 30,000 $ 28,734 0.0% Complete Basketball Court repaved. Totals - FY08 $ 30,000 $ 30,000 $ 28,734 $ 1,266 95.8% $ - $ 30,000 $ 28,734 0.0% FY2009 M/G New Library Project $ 18,200,000 $ 24,679,934 $ 1,063,216 $ 23,616,718 4.3% $ 8,912,433 $ 9,272,902 $ 326,150 3.7% Started Finishing Design Development Phase. Totals - FY09 $ 18,200,000 $ 24,679,934 $ 1,063,216 $ 23,616,718 4.3% $ 8,912,433 $ 9,272,902 $ 326,150 3.7% FY2010 Vehicles & Equipment $ 372,910 $ 372,910 $ 233,713 $ 139,197 62.7% $ 372,910 $ 393,916 $ 233,713 62.7% Started Includes DFD payment & Police Grants. Contractor complete, will do some in house Concrete Program 50,000 50,000 1,119 48,881 2.2% 50,000 50,000 1,119 2.2% Complete repairs. Pitts Center Addition 50,000 50,000 - 50,000 0.0% - 40,000 - 0.0% Started Going to Council for approval. Transfer to CT Fund 300,000 300,000 - 300,000 0.0% 300,000 300,000 - 0.0% N/A Totals - FY10 $ 772,910 $ 772,910 $ 234,832 $ 538,078 30.4% $ 722,910 $ 783,916 $ 234,832 32.5% Grand Totals $ 19,002,910 $ 25,482,844 $ 1,326,782 $ 24,156,062 5.2% $ 9,635,343 $ 10,086,818 $ 589,716 6.1% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. G = Grant funded project

City of Dover Community Transportation & General Fund Street Funds - Major CIP Projects November, 2009 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project Current Revised Fiscal Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD % Budget Type Description Budget Budget Expenses Balance Spent Budget Budget (1) Expenses Spent Status Comments FY 2002 North Street Sidewalk $ 80,416 $ 80,416 $ - $ 80,416 0.0% $ - $ 80,416 $ - 0.0% Not started Work on hold pending Collegiate decision. Totals $ 80,416 $ 80,416 $ - $ 80,416 0.0% $ - $ 80,416 $ - 0.0% FY 2005 Dover Little League Parking Lot Awaiting DELDOT/staff decision on re- Phase II $ 14,906 $ 14,906 $ 3,332 $ 11,574 22.4% $ - $ 11,574 $ - 0.0% Done appropriation of available funds. Totals $ 14,906 $ 14,906 $ 3,332 $ 11,574 22.4% $ - $ 11,574 $ - 0.0% - FY 2006 M Lincoln Park Center $ 400,000 $ 400,000 $ 252,725 $ 147,275 63.2% $ - $ 147,275 $ - 0.0% Started Ongoing. Totals $ 400,000 $ 400,000 $ 252,725 $ 147,275 63.2% $ - $ 147,275 $ - 0.0% - - FY 2007 10% received from State, not part of street program. Separate contract due to nature E. Water Street Brick Sidewalk $ 65,000 $ 65,000 $ - $ 65,000 0.0% $ - $ 65,000 $ - 0.0% Not started of work. Totals $ 65,000 $ 65,000 $ - $ 65,000 0.0% $ - $ 65,000 $ - 0.0% FY 2009 Spruance Road - White Oak to Maple Parkway $ 141,000 $ 141,000 $ 101,464 $ 39,536 72.0% $ - $ 101,465 $ 101,464 0.0% Started Work in progress. Spruance Road - Maple Parkway to East Division 125,400 125,400 120,309 5,091 95.9% - 120,309 120,309 0.0% Started Work in progress. Various FY09 Streets 225,000 225,000 185,000 40,000 82.2% - 85,000 45,000 0.0% Started Independence & Greenway started. Schutte Park 21,950 21,950 - 21,950 0.0% - 21,950 - 0.0% Not Started Scheduled FY 2009. Woodsedge Road 75,000 75,000 113,234 (38,234) 151.0% - 113,234 113,234 0.0% Not Started Scheduled FY 2009. Various Streets 206,287 206,287 - 206,287 0.0% - 206,287 - 0.0% Not Started Westover Landscaping 2,500 2,500 1,451 1,049 58.0% - 2,500 1,451 0.0% Work is done Totals $ 797,137 $ 797,137 $ 521,458 $ 275,679 65.4% $ - $ 650,745 $ 381,458 0.0% FY 2010 Street & Alley Program $ 350,000 $ 522,690 $ 30,895 491,795 5.9% $ 350,000 $ 472,690 $ 30,895 8.8% Not Started Original Budget should be $300,000. Budgeted CT Agreements FY10 1,000,000 1,000,000 - 1,000,000 0.0% 1,000,000 44,990 - 0.0% Not Started No fiscal FY10 agreements signed. Totals $ 1,350,000 $ 1,522,690 $ 30,895 $ 1,491,795 2.0% $ 1,350,000 $ 517,680 $ 30,895 2.3% Grand Totals $ 2,707,459 $ 2,880,149 $ 808,410 $ 2,071,739 28.1% $ 1,350,000 $ 1,472,690 $ 412,353 30.5% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. (1) Includes Project carry forward balances from FY 09.

City of Dover Water/Wastewater Improvement & Extension Fund - Major CIP Projects November, 2009 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project % Approved Revised Fiscal % Project Project Project To Date Budget Budget Fiscal Yr. Fiscal Yr. YTD Budget Code Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments FY 2008 WD0807 South Governors Ave. Water Main Upgrade $ 200,000 $ 200,000 $ - $ 200,000 0.0% $ - $ 200,000 $ - 0.0% Started Construction North of Wyoming Ave. WD0804 M 1.0 MG Elevated Water Storage Tower 4,196,600 2,590,000 4,830 2,585,170 0.2% 200,000 196,255 1,085 0.6% Started Selecting Tank Model & Site; FY11 = Constr. Test Well at Schutte Successful; FY11 = Constr. WD0805 M Piney Point Well 398,800 665,000 52,475 612,525 7.9% - 185,455 22,930 12.4% Started WW0809 M South Governors Ave. Sewer Main 300,000 291,000 9,912 281,088 3.4% - 281,088 - 0.0% Started Construction North of Wyoming. WW0810 M/SL US 13 East Sanitary Sewer Interceptor 2,376,800 3,409,641 222,051 3,187,590 6.5% 3,201,480 3,201,480 13,890 0.4% Started Pre-construction meeting set WW0805 M Lafferty Lane Package P/S Replacement 230,000 374,369 392,564 (18,195) 104.9% - - - 0.0% Completed In service. O/S Encumbrance $26,269. Totals - FY08 $ 7,702,200 $ 7,530,010 $ 681,832 $ 6,848,178 9.1% $ 3,401,480 $ 4,064,278 $ 37,905 0.9% FY2009 WQ0901 Washington Street $ 492,800 $ 310,100 $ 310,063 $ 37 100.0% $ - $ - $ - 0.0% Completed WQ0902 Pear Street 759,100 653,804 420,654 233,150 64.3% - 331,900 98,750 29.8% Started Pear Street Done, working on West St. WQ0903 South Street 120,800 79,800 37,469 42,331 47.0% - - - 0.0% Completed WQ0904 Contact Chambers - residual analyzers 100,000 113,800 95,484 18,316 83.9% - - - 0.0% Completed WQ0905 M/SL Bayard Avenue 590,910 590,910 6,490 584,420 1.1% 533,510 584,420 - 0.0% Started Waiting for State financing approval. WQ0906 M/SL East side N. State Street 868,707 876,703 29,003 847,700 3.3% 846,807 847,700 - 0.0% Started Waiting for State financing approval. WQ0907 M/SL Route 13 Water Main 1,058,700 1,091,797 91,027 1,000,770 8.3% 1,023,700 1,024,400 23,630 2.3% Started Waiting for State financing approval. R Water Quality Improvements FY09 $ 3,991,017 $ 3,716,914 $ 990,190 $ 2,726,724 26.6% $ 2,404,017 $ 2,788,420 $ 122,380 32.1% Started WW0902 M/SL DE State University Pumping Station Repl. 386,400 386,400 33,189 353,211 8.6% 336,400 360,473 7,262 2.0% Started Preconstruction Meeting set. WW0905 M/SL Fox Hall/Retreat Force Main Rerouting 133,100 139,245 37,795 101,450 27.1% 107,200 107,200 5,749 5.4% Started Preconstruction meeting set. WW0907 M/SL Acorn Lane Pump Station Replace. 386,400 386,400 34,153 352,247 8.8% 336,400 359,823 7,576 2.1% Started Preconstruction meeting set. Totals - FY09 $ 4 896 ,896,917 $ 4 628 ,628,959 $ 1 095 ,095,327 $ 3 533 ,533,632 23.7% $ 3 184 ,184,017 $ 3 615 ,615,916 $ 142,968 4.0% FY2010 N/A Vehicles & Equipment $ 55,600 $ 55,600 $ 9,855 $ 45,745 17.7% $ 55,600 $ 55,600 $ 9,855 17.7% Completed Vehicles and Equipment in service. WQ1002 M Water Quality - Walker Road 200,000 200,000 - 200,000 0.0% 200,000 200,000 - 0.0% Started In Design-survey only, in house design. WD1001 R Wellhead Redevelopment Program 55,000 55,000 70,238 (15,238) 127.7% 55,000 55,000 70,238 127.7% Completed Done. WD1002 Remote Control & Monitor Wells 55,000 55,000 - 55,000 0.0% 55,000 55,000 - 0.0% Started Radio in, installation next. WD1004 R Misc. Distribution System Replacements 65,000 65,000 - 65,000 0.0% 65,000 65,000 - 0.0% Not Started Ongoing, as needed. WW1001 R Inflow/Infiltration Removal - Phase II 1,800,000 1,800,000 333 1,799,667 0.0% 1,800,000 1,800,000 333 0.0% Started No bidders, relooking at spec's, have to rebid. WW1002 R Scada Technology Equip Upgrade 79,300 79,300 35,949 43,351 45.3% 79,300 79,300 35,949 45.3% Started RTU's in, installation started. WW1006 M Del. State Univ. Force Main Rerouting 137,700 137,700 - 137,700 0.0% 26,800 26,800 - 0.0% Started Design only, awarded to Braun Engineering. WW1007 M Fox Hall Pump Station 427,900 427,900 - 427,900 0.0% 52,000 52,000 - 0.0% Started Design only, awarded to Braun Engineering. WW1008 M Heatherfield Pumping Station Upgrade 220,400 220,400 - 220,400 0.0% 40,000 40,000 - 0.0% Started Design only, awarded to Braun Engineering. WW1010 I Tar Ditch Interceptor Upgrade 518,230 518,230 - 518,230 0.0% 518,230 518,230 - 0.0% Started Design only, awarded to Braun Engineering. WW1011 R Misc. Sewer System Improvements 33,000 33,000 - 33,000 0.0% 33,000 33,000 - 0.0% Not Started Ongoing, as needed. Department of Energy Grant 45,248 45,248 - 45,248 0.0% - 45,248 - 0.0% Started Grant approved, ordering will begin. Totals - FY10 $ 3,692,378 $ 3,692,378 $ 116,375 $ 3,576,003 3.2% $ 2,979,930 $ 3,025,178 $ 116,375 3.8% Grand Totals $ 16,291,495 $ 15,851,347 $ 1,893,534 $ 13,957,813 11.9% $ 9,565,427 $ 10,705,372 $ 297,248 2.8% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. SL = State Loan Project - construction phase is financed I = Impact Fee Financed Project

City of Dover Electric Improvement & Extension Fund - Major CIP Projects November, 2009 TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project % Current Revised Fiscal % Project Project To Date Budget Budget Fiscal Yr. Fiscal Yr. YTD Budget Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments FY 2006 M/B 69 KV feeders 3 and 4 $ 11,060,000 $ 8,250,382 $ 8,417,144 $ (166,762) 102.0% $ - $ 94,459 $ 261,221 276.5% Done In service. Completed south of Wyoming. M/S Governor's Avenue Rebuild 1,268,450 2,068,260 447,724 1,620,536 21.6% - 1,629,658 9,122 0.6% Started Working north of Wyoming. Totals - FY06 $ 12,328,450 $ 10,318,642 $ 8,864,868 $ 1,453,774 85.9% $ - $ 1,724,117 $ 270,343 15.7% FY 2008 Unit 3 Turb Bearing Fire Protect Deluge Selecting vendor. $ 50,000 $ 50,000 $ - $ 50,000 0.0% $ - $ 50,000 $ - 0.0% Started M/B Horsepond Road Substation 1,020,000 1,039,000 1,029,397 9,603 99.1% - 9,603 - 0.0% Completed In service. McKee Run Unit 3 Pollution M/B Being tested. Remediation & Fuel Testing 3,000,000 3,120,555 2,724,829 395,726 87.3% - 506,225 110,499 21.8% Completed M/B St. Jones Substation 5,376,068 6,151,195 5,952,207 198,988 96.8% - 275,009 76,021 27.6% Completed In service. Totals - FY08 $ 9,446,068 $ 10,360,750 $ 9,706,433 $ 654,317 93.7% $ - $ 840,837 $ 186,520 22.2% FY2009 Equipment ordered. Should be Danner Farm Transformer $ 45,000 $ 45,000 $ 25,304 $ 19,696 56.2% $ - $ 21,417 $ 1,721 8.0% Started done by March. Distribution Upgrades - Schoolview 100,000 175,000 166,761 8,239 95.3% - 16,398 8,159 49.8% Started On-going. McKee & VanSant Arc Flash 50,000 50,000 - 50,000 0.0% - 50,000 - 0.0% Started Bids Awarded. Totals - FY09 $ 195,000 $ 270,000 $ 192,065 $ 77,935 151.5% $ - $ 87,815 $ 9,880 0.0% FY2010 Vehicles & Equipment $ 347,042 $ 347,042 $ 296,984 $ 50,058 85.6% $ 347,042 $ 452,765 296,984 65.6% Started Truck in service. B Vansant CT Mark IV Control (Replmnt) 700,000 700,000 166 699,834 0.0% 700,000 700,000 166 0.0% Started Council Approved Contract. B Plant Driveway 240,000 240,000 - 240,000 0.0% 240,000 240,000 - 0.0% Not Started R Misc. Upgrades 51,000 51,000 2,671 48,329 5.2% 51,000 51,000 2,671 5.2% Started Ongoing, as needed. McKee Run Smoke/Heat Detection 55,000 55,000 - 55,000 0.0% 55,000 55,000 - 0.0% Started Out to Bid. Work Mgmt. System Replacement 85,000 85,000 - 85,000 0.0% 85,000 85,000 - 0.0% Started Out to Bid. Unit 3 Remove Cyclone Separators 51,000 51,000 - 51,000 0.0% 51,000 51,000 - 0.0% Started Design and Permitting. Unit 2 Remove Cyclone Separators 36,000 36,000 - 36,000 0.0% 36,000 36,000 - 0.0% Started Design and Permitting. Unit 1 Remove Cyclone Separators 36,000 36,000 - 36,000 0.0% 36,000 36,000 - 0.0% Started Design and Permitting. Department of Energy Grant 135,152 135,152 - 135,152 0.0% - 135,152 - 0.0% Started Bidding. R UG Transformers 156,570 156,570 32,696 123,874 20.9% 156,570 156,570 32,696 20.9% Started Ongoing, as needed. R UG Conductors 457,780 457,780 112,436 345,344 24.6% 457,780 457,780 112,436 24.6% Started Ongoing, as needed. R Kent County Lighting Project 216,950 216,950 20,958 195,992 9.7% 216,950 216,950 20,958 9.7% Started Working in Fairfield. R Single & 3 Phase Meters 50,000 50,000 10,854 39,146 21.7% 50,000 50,000 10,854 21.7% Started Ongoing as needed. Total New Developments 881,300 881,300 176,944 704,356 20.1% 881,300 881,300 176,944 20.1% R Lighting Improvements & Rehab 50,000 50,000 37,561 12,439 75.1% 50,000 50,000 37,561 75.1% Started Finishing Govs aven. R Replacement of 69KV Breakers 183,000 183,000 255 182,745 0.1% 183,000 183,000 255 0.1% Started Breakers Received. R Replace SS Equipment (as required) 40,000 40,000 - 40,000 0.0% 40,000 40,000 - 0.0% Started Ongoing, as needed. R Distribution Capacitors 120,000 120,000 832 119,168 0.7% 120,000 120,000 832 0.7% Started Out to Bid. Under construction. May 5.4% M/B Mid City Substation 1,488,461 1,593,461 85,380 1,508,081 5.4% 1,593,461 1,593,461 85,380 Started completion planned. R PT & CT Replacement 260,880 260,880 - 260,880 0.0% 260,880 260,880 - 0.0% Started Out to Bid. R Transmission & Switches 23,000 23,000 10,332 12,668 44.9% 23,000 23,000 10,332 44.9% Started Ongoing as needed. R Upgrade Trans., Distr. Lines 351,096 351,096 114,432 236,664 32.6% 351,096 351,096 114,432 32.6% Started Ongoing as needed. B Crossgates 396,904 396,904 162,389 234,515 40.9% 396,904 396,904 162,389 40.9% Started Line burial on going. B Buchanan Acres 406,000 406,000 220,576 185,424 54.3% 406,000 406,000 220,576 54.3% Started Line burial ongong. Total Distribution Upgrades 1,154,000 1,154,000 497,397 656,603 43.1% 1,154,000 1,154,000 497,397 43.1% In Kent Acres & S. of Dover. Totals - FY10 $ 5,936,835 $ 6,041,835 $ 1,108,522 $ 4,933,313 18.3% $ 5,906,683 $ 6,147,558 $ 1,108,522 18.0% Grand Totals $ 27,906,353 $ 26,991,227 $ 19,871,888 $ 7,119,339 73.6% $ 5,906,683 $ 8,800,327 $ 1,575,265 17.9% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is rebudgeted to start over each fiscal year. B = Bonded Project S = State fully or partially reimbursed project

ACTION FORM PROCEEDING: City Council DEPARTMENT OF ORIGIN: Public Utilities – Electric Engineering DATE SUBMITTED: 12-29-09 PREPARED BY: Steve Enss SUBJECT: Replacement of ABB 69 KV Breaker REFERENCE: N/A RELATED PROJECT: N/A APPROVALS: City Manager, Controller EXHIBITS: ABB Letter of Authorization EXPENDITURE REQUIRED: $47,425 AMOUNT BUDGETED: $40,000 FUNDING SOURCE (Dept/Page in CIP & Budget): Public Utilities – Electric Engineering: CIP page 214, 487-8300-563-70-27, Replace Substation Equipment (as required), project code EE1003, $40,000 with the additional $7,425 transferred from CIP page 217, 487-8300-563-70-35, Transmission Switches, project EE1007. TIMETABLE: Materials to be purchased upon Council approval. RECOMMENDED ACTION: Staff recommends purchasing one (1) ABB 69 kV breaker for $47,425 from WESCO Richmond, Va. BACKGROUND AND ANALYSIS The Public Utilities, Electric Division, has a 69 kV breaker at the Dover Air Force Base substation that controls the capacitors for the 69 kV system. This breaker has reached the end of its life and requires replacement. The existing breaker was purchased in 1999 and uses an ABB single pole breaker designed specifically for the operation of the capacitor bank. Staff is recommending the purchase of a new, identical unit to minimize installation efforts. Any other manufacturer would require out-sourcing of the engineering diagrams needed to retrofit a different manufacturer’s product. Additionally, by purchasing the ABB breaker, staff will be able to reduce installation time as all existing wiring, foundations, and terminal connections will be the same. ABB Breakers must be purchased through WESCO Richmond, VA; since ABB has an exclusive territory agreement with this firm. This exclusive territory verification and quotation are attached.

FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2009-28 WITH SA#1 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Appendix B - Zoning, Article 6 - Off-street Parking, Driveways and Loading Facilities, Section 5 - 4 Supplementary Regulations for Parking and Loading Facilities, Subsection 5.5 - Race weekend parking, be 5 deleted in its entirety and inserting, in lieu thereof, the following: 6 5.5 Parking for Motorsports Racing. During any ten-day period prior to or two-day period following 7 an auto racing event the following provisions shall apply: 8 5.51 Automobile parking 9 a. Property located within a residential zone may be used for commercial parking (for 10 a fee) of motor vehicles. Commercial parking shall not include parking of commercial 11 vehicles for use by commercial vendors and sales representatives. 12 b. Unimproved surfaces may be used for automobile parking. Such areas shall be 13 reviewed by the Fire Marshal to ensure adequate emergency access. No stormwater 14 management areas or other preserved open space shall be used for automobile parking. 15 c. Automobile parking shall in no case obstruct fire lanes, parking lot drive aisles, 16 emergency access, fire protection equipment, or cross access easements between properties. 17 5.52 Recreational vehicle parking. Recreational vehicle parking shall be permitted within all 18 zones subject to the following requirements: 19 a. No more than three recreational vehicles shall be parked on a residential lot. 20 b. Property owners wishing to provide parking for more than five (5) recreational 21 vehicles shall apply for a permit from the licensing and permitting division a minimum of 22 60 days prior to the race event. Fees for the permit will be charged in accordance with 23 Appendix F. Prior to issuance of a permit, the property owner or his agent must submit a 24 legible diagram of the camping area to the licensing and permitting division. The diagram 25 shall show recreational vehicle parking location, emergency access, drive aisles, entrance 26 and exit, number of proposed recreational vehicles to be parked, location of power lines, and 27 location of restroom facilities. 28 c. Recreational vehicles shall not be parked within 25 feet of power lines as measured 29 from the center of the utility pole. Vertical extensions from recreational vehicles shall not 30 be closer than 25 feet to power lines as measured from any point on the vertical extension. 31 d. Recreational vehicles shall not be parked closer than 10 feet to other recreational 32 vehicles, buildings, or other structures. 33 e. Recreational vehicle parking areas shall have drivable surfaces engineered to hold 34 the weight of recreational vehicles, fire equipment, and other emergency response equipment 35 in all types of weather.

Proposed Ordinance #2009-28 - Appendix B, Article 6, Section 5, Subsection 5.5 Page 2 36 f. Any changes to the layout of recreational vehicle parking areas shall be required to 37 be submitted to the licensing and permitting division at least 30 days prior to the race event. 38 g. It shall be the permit holder's responsibility to ensure compliance with these 39 requirements. Failure to comply with the provisions of this section shall result in a fine. 40 BE IT FURTHER ORDAINED: 41 That Appendix F - Fees and Fines, Appendix B - Zoning, be amending by inserting a new Article 6 - Off- 42 street Parking, Driveways and Loading Facilities, immediately following Appendix B--Zoning, Article 5-- 43 Supplementary Regulations, as follows: Fees and Fines Description (in dollars) 44 Appendix B--Zoning, Article 6--Off-street Parking, Driveways and Loading Facilities 45 Sec. 5 Supplementary Regulations for Parking and Loading Facilities Subsec. 5.5 Parking for Motorsports Racing Subsec. 5.52(b) 1-5 Recreational vehicles No fee 6-25 Recreational vehicles $25.00 26-50 Recreational vehicles $50.00 51-100 Recreational $100.00 vehicles >100 Recreational vehicles $150.00 46 ADOPTED: * 47 S:\ClerksOffice\Ordinances\2009\Draft Ordinances\Ordinance 2009-28 - Appendix B - Art 6 - Sec 5 - Supplementary Regulations - NASCAR 1st Rdg.wpd 48 SYNOPSIS 49 The proposed ordinance would establish standards for motor vehicle and recreational vehicle parking 50 for motor sports events. It would codify the existing policy that ensures that such parking is 51 compatible with emergency access needs. 52 The proposed amendment establishes a fee schedule for a permit to park more than five recreational 53 vehicles during a motorsports racing event. 54 Actions History December 7, 2009 - Considered by Safety Advisory and Transportation Committee

FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2009-30 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN 2 COUNCIL MET: 3 That Appendix B - Zoning, Article 6 - Off-Street Parking, Driveways and Loading Facilities, 4 Section 3 - Required Off-Street Parking Spaces, be amended by inserting the text in bold, blue, 5 italics, as follows: 6 3.1 Schedule of requirements. Accessory off-street parking spaces, open or enclosed, 7 shall be provided for any lot as specified in article 4, zone bulk and parking 8 regulations or as specified below for each use in any zone, whichever is greater, 9 except for existing buildings within the C-2 Zoning District, where Article 4, 10 Section 4.14, zoning bulk and parking regulations governing the C-2 Zoning 11 District shall prevail. 12 ADOPTED: * 13 S:\ClerksOffice\Ordinances\2009\Draft Ordinances\Ordinance 2009-30 - Appendix B, Art 6, Sec 3 - Off-Street Pking 1st Rdg.wpd 14 SYNOPSIS 15 This amendment would clarify that uses in existing buildings within the 16 C-2 (Central Commercial) zone would not be required to construct new 17 parking spaces. 18 Actions History 19 December 14, 2009 - Considered by the Parks, Recreation, and Community Enhancement Committee