COUNCIL Minutes

REGULAR COUNCIL MEETING The Regular Council Meeting was held on July 26, 2010 at 7:30 p.m. with Council President Hogan presiding. Council members present were Mrs. Russell, Mr. McGlumphy, Mr. Leary, Mr. McGiffin, Mrs. Williams, and Mr. Salters. Mr. Bonar and Mr. Ruane were absent. Council staff members present were Captain Timothy Stump, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Fire Chief Christiansen, Mr. DePrima, City Solicitor Rodriguez, and Mrs. McDowell. Mayor Carey was also present. OPEN FORUM The Open Forum was held at 7:15 p.m., prior to the commencement of the Official Council Meeting. Council President Hogan declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action. Mr. EShed Alston, 46 Arnold Court, reminded members that his previous requests for consideration of ordinances and concerns are not being considered by Council for action (See Open Forum Segment of the Regular Council Meeting of July 12, 2010). He relayed the importance of the proposed ordinances as they are relative to the recent public disrespect for God. The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Council President Hogan advised members that staff requested that Item #9-B, Evaluation of Bids - Sanitary Sewer Main Relining (Inflow and Infiltration Removal), be removed from the agenda. Responding to Mrs. Williams, Mr. Anthony DePrima, City Manager, indicated that there was a concern with the low bid; therefore, staff would like the opportunity to further evaluate the bids. Mr. Leary moved for approval of the agenda as amended, seconded by McGlumphy and unanimously carried. Council President Hogan indicated that Item #8, Monthly CIP Report - May 2010, was inadvertently left off of the Consent Agenda and requested that it be amended to include this item. Mr. Leary moved for approval of the consent agenda as amended, seconded by Mrs. Russell and carried by a unanimous roll call vote. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 12, 2010 The Minutes of the Regular Council Meeting of July 12, 2010 were unanimously approved by motion of Mr. Leary, seconded by Mrs. Russell and bore the written approval of

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 2 Mayor Carey. CERTIFICATES OF RECOGNITION - SUPPORT OF WOODCREST APARTMENT FIRE VICTIMS The following Certificates of Recognition were read into the record by Mrs. Traci McDowell, City Clerk: To The Community On behalf of the City of Dover we would like to recognize all of the individuals, businesses and organizations in the Greater Dover Area, who were incredibly generous in the giving of donations to aid in helping the victims of the Woodcrest Apartment fire. We should all feel proud of living in a community where people come together in such dire times. The outpouring of donations was astronomical, and continued on for weeks to follow. Thank you again for making Dover a place where people want to live. Gene Montano, William Cintron, and Kevin Fountain of Dover High School in the Capital School District WHEREAS, in a society where things can change so rapidly, the importance of community involvement remains constant; and WHEREAS, affectionate, caring people are essential to the growth and development of a community and we recognize the leaders who stand out amongst us as the basis of our City's strength and morality; and WHEREAS, the Capital School District continued to support the community in aiding with a shelter in the time of need; most recently being the fatal fire at the Woodcrest Arms Apartments. We appreciate the dedication of Gene Montano, William Cintron and Kevin Fountain who aided our employees in helping run a shelter that made the victims feel as welcome and comfortable as possible in their time of sorrow and fear. NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF DOVER, DELAWARE would like to recognize Gene Montano, William Cintron, and Kevin Fountain of Dover High School in the Capital School District for their outstanding participation and community involvement during a tragic time of need. Mayor Carey presented the Certificate to Mr. William Cintron and Mr. Kevin Fountain and relayed appreciation for the assistance provided to the victims. Mayor Carey indicated that Mr. Gene Montano was not able to attend this evening=s meeting; therefore, he attended a recent Board Meeting for the Capital School District and presented Mr. Montano with the Certificate of Recognition at that time.

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 3 Rick Gould - YMCA Volunteers WHEREAS, in a society where things can change so rapidly, the importance of volunteering in a community remains constant; and WHEREAS, dedicated, giving people are essential to the well being of any community, we want to recognize Rick Gould, Executive Director of the YMCA as a leader that stands out amongst many and the numerous volunteers who aided the efforts; and WHEREAS, the support you offered to the city to aid in the organization and distribution of donations from our community during the days following the fatal fire at the Woodcrest Arms Apartments was sincerely appreciated. We are grateful to you, your staff, volunteers and members of the YMCA that participated. NOW, THEREFORE, THE MAYOR and COUNCIL OF THE CITY OF DOVER, DELAWARE would like to recognize Rick Gould - YMCA Volunteers for your outstanding participation and community involvement during a tragic time of need. Mayor Carey presented the Certificate to Mr. Rick Gould and volunteers of the YMCA for the assistance provided to the victims. He noted that the YMCA was disrupted for approximately two (2) weeks in order to provide this assistance. Wayne Hutchison WHEREAS, in a society where the unexpected can change our day so quickly, the importance of your position as Emergency Management Coordinator remains constant; and WHEREAS, dedicated employees are essential to the well being of any organization, particularly to our own municipality, where so many rely upon our services for daily living and education; and WHEREAS, the support you offered to the victims during the day of and those following the fatal fire at the Woodcrest Arms Apartments was sincerely appreciated. For making those at the shelter feel welcome to assisting in distribution of supplies to the victims. We thank you. NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF DOVER, DELAWARE would like to recognize Wayne Hutchison for your outstanding participation and community involvement during a tragic time of need. Mayor Carey presented the Certificate to Mr. Wayne Hutchison, Emergency Management Coordinator, for his efforts in contacting the various organizations in order to provide services to the victims. Kay Dietz-Sass

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 4 WHEREAS, Woodcrest Arms Apartments experienced a tragic, fatal fire on June 6, 2010, resulting in injuries and the displacement of many residents; and WHEREAS, Kay Dietz-Sass, Public Affairs Coordinator for the City of Dover, provided immediate aid and support to victims at the scene of the fire and began the process of establishing a shelter; and WHEREAS, Kay Dietz-Sass coordinated ongoing efforts within the local community to gather food, arrange permanent housing, replace household goods, and collect monetary donations to address the needs of the fire victims; and WHEREAS, Kay Dietz-Sass has maintained personal contact with those affected by the fire to ensure that they are well cared for. NOW, THEREFORE, THE MAYOR AND COUNCIL OF THE CITY OF DOVER would like to recognize Kay Dietz-Sass for her outstanding participation and community involvement during a tragic time of need. Mayor Carey presented the Certificate to Ms. Kay Dietz-Sass, Public Affairs Coordinator, for her efforts in assisting the victims. REQUEST FOR WITHDRAWAL OF REZONING APPLICATION - PROPERTIES LOCATED AT 217 AND 223 MCKEE ROAD, OWNED BY MOR-KATH-RIC, LLC A public hearing was duly advertised for this time and place to consider rezoning of property located at 217 and 223 McKee Road, owned by Mor-Kath-Ric, LLC, consisting of 1.12+/- acres. The property is currently zoned R-7 (One Family Residence) and subject to COZ-1 (Corridor Overlay Zone) and the proposed zoning is RM-1 (Medium Density Residence) and subject to the COZ-1. (Ordinance #2010-16; Tax Parcels: ED05-067.15-02-02.00-000 and ED05-067.15- 02-01.00-000; Planning Reference: Z-10-06; Council District: Fourth). The First Reading of Proposed Ordinance #2010-16 was accomplished during the Council Meeting of May 24, 2010. Council President Hogan reminded members that this item was postponed by the Planning Commission during their meeting of June 21, 2010, and on July 12, 2010, City Council rescheduled the public hearing for September 13, 2010. Council President Hogan noted that members had been provided a letter submitted by Mr. Troy Adams, Vice-President of Mor-Kath-Ric, LLC, requesting to withdraw the rezoning application. Mr. McGlumphy moved for approval of the request to withdraw the rezoning application for property located at 217 and 223 McKee Road, owned by Mor-Kath-Ric, LLC. The motion was seconded by Mrs. Williams and unanimously carried (Mr. Bonar and Mr. Ruane absent).

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 5 PARKS, RECREATION, AND COMMUNITY ENHANCEMENT COMMITTEE REPORT - JULY 12, 2010 The Parks, Recreation, and Community Enhancement Committee met on July 12, 2010 with Chairwoman Russell presiding. Active Recreation Plan Review: The Arbors - 1051 College Road (C-10-02) Members were provided the Active Recreation Area Plan for the Arbors Condominiums located at 1051 College Road for their review and recommendation as a part of the Conditional Use Site Development Plan. The Conditional Use Site Plan is to permit the construction of an apartment/condominium building with a total of 48 units. This parcel has been subject to several previous applications. The most recent application for development was C-07-05, which proposed a Planned Neighborhood Design for a Senior Housing Option. The Recreation Plan, as submitted with the current application, differs significantly from previous applications. This parcel was subject to a recent rezoning (Z-09-05), changing the zoning of the property from R-8 (One Family Residence Zone) to RG-2 (General Residence Zone). Mr. Michael Albert, Planner II, advised members that the subject property consists of one (1) parcel of land totaling 4.32+/- acres. He explained that the Active Recreation Area is located in two (2) distinct locations within the site, and proposed amenities include a gazebo/picnic/tot-lot playground area, as well as a walking path. Staff submitted the following recommendations and comments regarding the Active Recreation Area Plan: 1. The proposed plan meets the area requirements for the Active Recreation Area. The plan is required to provide 10,000 S.F. of Active Recreation Area and it is proposing 10,600 S.F. of Active Recreation Area. 2. Staff recommended approval of the proposed Active Recreation plan. The site must cater to a wide variety of people and must provide recreation opportunities for them on a relatively small lot. The combination of a walking path to College Road and the sitting/picnic facilities provides opportunities for adults. The tot-lot playground caters to children who may reside in the apartment building as well. 3. The following items should be included on the Plan to clarify the construction of the recreation area improvements: a. Provide lighting around the Active Recreation Areas. b. Provide trash disposal/collection for the playground area. 4. The tot-lot playground should be geared towards children aged 5-12 in order to allow for the greatest usage of the area among residents.

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 6 5. The applicant was reminded of the requirements for construction phasing of the recreation area, as associated with the development of the residential units. Article 5 §10.6 Construction Phasing. The recreation and open space areas shall be completed in a proportion equal to or greater than the proportion of residential dwelling units completed, except that one hundred (100) percent of the recreation and open space areas shall be completed prior to issuing building permits for the final twenty (20) percent of the dwelling units proposed. Building permits shall not be issued for dwelling units unless the requirements of this section are met. 6. There shall be provisions which ensure that the common open space land (including Active Recreation Area) shall continue as such and be properly managed and maintained. The developer shall either retain ownership and responsibility for maintenance of such open land or provide for and establish one (1) or more organizations for the ownership and maintenance of all common open space, i.e., a Homeowners Association. The organization shall be responsible for maintenance, insurance, and taxes on the common open space. a. Add a note on the Site Plan regarding who is responsible for maintenance, insurance, and taxes on the common open space. 7. In the event that major changes and revisions to the Conditional Use Site Plan occur in the finalization of the Plan, contact the Planning Office. Examples include reorientation of buildings, relocation of site components like stormwater management areas, and increases in floor area. These changes may require resubmission for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to the plan. In response to Mr. Ruane, Mr. Greg Rishel, Pennoni Associates, advised members that the applicant is aware of the recommendations submitted by staff. Mr. Jordan Ashburn, Ashburn Homes, indicated no objections to these recommendations. The Committee recommended approval of the Active Recreation Plan Review for The Arbors - 1051 College Road, as recommended by staff. By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and Mr. Ruane absent). Request of Maple Glen Homeowners Association to Amend Active Recreation Area Members were advised that the Planning Office received a letter from the Maple Glen Homeowners Association requesting permission to remove the playground equipment in the subdivision and replace it with a picnic/cook-out area and horseshoe pits. The horseshoe pits are already installed. Because the Active Recreation Area is part of the approved subdivision, the requested change must be reviewed by the Parks, Recreation, and Community Enhancement Committee and ultimately approved by the Planning Commission. Members were provided a copy of a letter from Ms. Carolyn Akin, Vice-President of the Maple

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 7 Glen Homeowners Association, explaining the reasons for requesting the amendment to the Active Recreation Area for Maple Glen. On behalf of the Association, Mrs. Laura Shernofsky advised members that the request is being made since the demographics of the neighborhood no longer support the need for the playground equipment for 3-5 year olds and due to the high costs of maintaining the equipment. In its place, she stated that the Homeowners Association would like to create an area for cookouts that would facilitate community gatherings. To this end, the homeowners have already relocated a table and bench to the park area and have voluntarily financed the building and installation of a horseshoe pit adjacent to the table and bench. In addition, Mrs. Shernofsky advised members that the homeowners have discussed the possibility of installing shuffleboard courts when it is financially feasible. She stated that the Maple Glen Homeowners Association requested permission to remove the playground equipment, level and seed the area, and, when their financial situation will allow, install a permanent picnic grill in the area, and she inquired if these changes would suffice as a recreational component for the community. Staff provided members a summary of the Active Recreation Plan that was approved by the Planning Commission as part of the Subdivision Plan in 2002. Responding to Mr. Ruane, Mrs. Townshend, Director of Planning and Community Development, stated that staff supports the request with the stipulation that the homeowners take the actions they have indicated. In response to Mr. Ruane, Mrs. Townshend stated that, to her knowledge, this is the first request for an amendment to an Active Recreation Area. She stated that the Dover Code is not prescriptive regarding the handling of changes to approved recreational areas; however, she stated that the Code is specific that such areas are a part of the Subdivision Plan and that homeowners associations are required to maintain these areas in perpetuity. As a result, she felt that it was necessary to bring this request through the process utilized for approval of the Active Recreation Area. Mr. Ruane noted that the demographics of neighborhoods change constantly and, although he understood the reasons for the request, he relayed concern with the lack of guidance for the process and its effect on future neighborhood associations. Responding to Mr. McGlumphy, Mr. Zachery Carter, Director of Parks and Recreation, stated that the requirement for maintaining such areas in perpetuity refers to the requirement that the land remain as open space. Clarifying, Mrs. Townshend stated that the Code indicates that improvements are required to be maintained by the homeowners association and does not provide guidance regarding improvements which no longer suit a community=s needs. Mrs. Horsey felt that the Committee should be flexible in allowing homeowners associations to make these types of determinations if they are willing to finance and maintain such changes. She suggested that staff review the Code to determine if an amendment is required.

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 8 Responding to Mr. Ruane, Mr. Phillip Shernofsky, President of Maple Glen Homeowners Association, stated that the issue was discussed at an annual general membership meeting, which was open to all homeowners. At that time, one (1) of the families with younger children suggested the amendment. Mr. Shernofsky assured members that a majority of the homeowners support the proposed amendment. The Committee recommended approval of the request of the Maple Glen Homeowners Association to amend the Active Recreation Area, as stipulated in their letter of request. By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and Mr. Ruane absent). Semi-Annual Report - Statistics Regarding Jobs and Businesses Gained and Lost in the City of Dover Since July 2009 Mr. William Neaton, Economic Development Director, provided an updated report of employment statistics for the 14 largest employers in the Dover area (attachment to Committee minutes) and reminded members that this information is updated and presented to members on a semi-annual basis (the last report was presented on February 22, 2010). Although the unemployment rate throughout the City of Dover has remained constant at 9.5%, Mr. Neaton noted that several employers have increased the number of employees. Mr. McGlumphy requested a more comprehensive report which includes details regarding small businesses, such as the number of businesses opened and closed within the last year. He noted that there are many closed businesses and empty buildings in the downtown area, as well as along Route 13. He suggested that information be provided regarding specific businesses that have closed, as well as new businesses that have taken their places, when applicable, in order to reflect the net result. It was his opinion that, although the report provided to members is helpful, it does not provide an indication of the City=s actions, since the City is not instrumental in the hiring of employees for some of the businesses listed. With regards to the goals and objectives of the Economic Development Office that were provided to members, Mr. McGlumphy noted there is a strong focus on the Downtown Dover Partnership and requested that this focus be expanded outside the downtown area. In response to Mr. Ruane, Mr. Neaton indicated that the City maintains a list of commercial and industrial properties located within the City of Dover. He confirmed that, in addition to monitoring retail vacancies, the Economic Development Office provides updated information to local realtors and works with manufacturers to encourage retaining or relocating businesses in the City. With regards to the Garrison Tract, Mr. Neaton stated that the site plan was near completion. He indicated he was working with Macquarie Energy Limited regarding this matter, would be meeting with State Department of Natural Resources and Environmental Control

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 9 (DNREC) officials for permitting, and had a meeting scheduled with the Delaware Department of Transportation (DelDOT) on July 13, 2010. He advised members that he has already met with a professional marketer regarding the development of a marketing plan after the site plan is completed; however, he noted that there is limited funding available for this purpose. Once the plan is completed, Mr. Ruane requested that members be provided an opportunity to review it. The Committee recommended acceptance of the Semi-Annual Report - Statistics Regarding Jobs and Businesses Gained and Lost in the City of Dover since July 2009. By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and Mr. Ruane absent). UPDATES The following updates were provided to members: Puncheon Run Watershed Action Team Update Mr. Scott Koenig, Public Services Manager/Director of Public Works, advised members that staff met with the Kent Conservation District and that a grant was obtained from the Clean Water Advisory Council for flood plain work adjacent to the pump station and bridge on Mr. Joseph Petrosky=s property. Staff met with Mr. Petrosky to discuss an overflow channel and redirection of water from Woodbrook into the channel. He assured members that Mr. Petrosky has indicated his concurrence with the project. Mr. Koenig advised members that there is a limited timeline for the first phase of this project due to the expiration of grant funding. He anticipated written correspondence regarding this project within the next 30-45 days. Responding to Mr. Ruane, Mr. Koenig stated that he has requested the inclusion of Puncheon Run flood plain mapping with the project and should know the results within the next couple of months. Planning and Funding for New Library Mr. Zachary Carter, Parks and Recreation Director, reviewed updated information regarding planning and funding for the new library. He reminded members that $2.5M was requested from the State of Delaware Bond Bill. Since a total of $3,284,357 in Bond Bill monies has been received, he stated that only $1.7M will be requested next year, rather than an additional $2.5M. He advised members that fundraising efforts continue to be successful. Responding to Mr. McGlumphy, Mr. Carter indicated that the total project is estimated to cost $22M and that this cost will be updated as the project moves forward. He assured members that costs associated with this project will be monitored closely and that detailed expenditure reports will be provided to members once construction begins. Should there be a shortage in funding, he stated that proposed plans will be presented to the Committee for their review. Community Development Block Grant (CDBG) Program

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 10 Mrs. Ann Marie Townshend, Director of Planning and Community Development, reviewed the report of the Status of FY 2008-2009 Community Development Block Grant (CDBG) projects which was provided to members. In response to Mr. Ruane regarding the Downtown Dover Partnership Youth Employment Program, Mrs. Townshend stated that grant monies can be carried over to the next fiscal year. Mr. William Neaton, Economic Development Director, projected that funds would be expended by the end of August and relayed that he has requested an extension through that period. Mrs. Townshend assured members that such extensions are typically granted as long as funds are being expended and the extension does not jeopardize the City=s ability to meet the CDBG timeliness standard. Schutte Park Space - Boys and Girls Club/CDSA Mr. Darryl Tingle, Executive Director of the Greater Dover Boys and Girls Club, advised members that, during a recent meeting, Mr. George Krupanski, President and CEO of the Boys and Girls Clubs of Delaware, indicated that the Greater Dover Boys and Girls Club remains committed to building a facility in the Schutte Park area. However, due to the financial issues that many non-profit organizations are currently experiencing, he stated it was not possible to move forward at this time. He noted that a phased-in approach may be possible, if adequate funding is obtained. Mr. Tingle advised members that a retreat for the Greater Dover Boys and Girls Club Board is scheduled for July 29, 2010, and that this issue will be discussed at that time. He assured members they would be kept abreast of this matter. Housing and Recovery Act of 2008 Funds (Neighborhood Stabilization Fund) Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members that the City was awarded $1,426,740 for the acquisition and rehabilitation of foreclosed properties. A total of $1,206,990 has been expended on the acquisition of eight (8) properties and renovations for two (2) properties. The remaining balance, in the amount of $232,209, will be utilized for renovations. She indicated that one (1) property has been sold, one (1) property is under contract, and four (4) properties are being renovated. She reminded members that the Dover Community Partnership, the Diamond State Community Land Trust, and the Connections Community Support Program are the three (3) partner agencies that purchased the properties. Comprehensive Plan Implementation Status Report Mrs. Ann Marie Townshend, Director of Planning and Community Development, stated that her staff has been focusing on three (3) major projects, including the evaluation and update of Historic District guidelines, development of ordinance amendments for Recreation and Open Space (ROS) Rezoning, and rewriting the environmental protections portion of the Comprehensive Plan. Responding to Mr. Ruane, Mrs. Townshend stated that there has been minimal negative feedback received from homeowners regarding the proposed ordinance amendments for the ROS

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 11 Rezoning. She noted that approximately 150 properties within the City would be brought forward for rezoning in conformance with the proposed ordinance amendments and that approximately 3,000 notices were mailed to owners of properties proposed for rezoning and those within 200' of affected areas. The information was also posted on the City website, at the library, and at City Hall. Mrs. Townshend indicated that approximately 150 phone calls were received from the public requesting clarification and that two (2) property owners relayed concerns, one of whom was Mr. Petrosky. She indicated that the proposed ordinance has been revised to address Mr. Petrosky=s concerns and will be presented to the Planning Commission for their review and recommendation to City Council. Mr. Jess McVay, 7 McBry Court, stated that, although he resides outside of City limits, due to close proximity, he was provided notification regarding the proposed Recreation and Open Space Ordinance and was present at the meeting in order to get a better understanding of the proposed amendments and their possible effects. Responding, Mrs. Townshend agreed to meet with Mr. McVay following the meeting. Mrs. Townsend noted that staff is working with realtors, homebuilders, the Department of Natural Resources and Environmental Control (DNREC), and the Sierra Club to update the environmental protections provisions of the Comprehensive Plan to increase their effectiveness. She anticipated providing the draft to members for their review during the September or October meeting. Youth Advisory Committee Mrs. Russell advised members that the Youth Advisory Committee is on hiatus for the summer and will resume meeting in September. By consent agenda, Mr. Leary moved for acceptance of the Parks, Recreation, and Community Enhancement Committee Report, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and Mr. Ruane absent). UTILITY COMMITTEE REPORT - JULY 12, 2010 The Utility Committee met on July 12, 2010 with Chairman Ruane presiding. Briefing on State Energy Bills (Consideration of SB 119 Renewable Portfolio Standards was Deferred by Committee on June 28, 2010 Due to Time Constraints) Mr. Anthony DePrima, City Manager, introduced Mr. Patrick McCullar, President and Chief Executive Officer, Delaware Municipal Electric Corporation (DEMEC), and explained that the City is one of nine (9) municipalities in the State of Delaware who are paying members of the Corporation. He stated that one of the functions of DEMEC is to monitor energy related legislation. Mr. McCullar reviewed a presentation of a Summary of Energy Related Legislation Passed by the 145th General Assembly and Effects on Municipal Electric Cooperatives (attachment to committee minutes).

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 12 In response to Mr. Ruane, Mr. McCullar noted that an analysis has not been performed to determine municipalities= current progress toward meeting the goals established by the State; however, this will be part of DEMEC=s planning process. In addition, he noted that DEMEC is committed to the offshore wind project planned for the Delaware coast and is doing all it can to encourage moving this project forward. Responding to Mr. Snaman, Mr. McCullar stated that local city and town councils have the option of administering an independent energy plan or charging DEMEC with the responsibility of constructing and implementing a plan on their behalf. He suggested that the most efficient approach would be for all nine (9) municipalities to allow the DEMEC Board of Directors (which would include a City of Dover representative) to guide policy decisions and direct DEMEC on implementation. He explained that different municipalities may choose different approaches. Concurring, Mr. DePrima noted that the DEMEC Board has not yet met to determine how the organization will be structured; however, he stated he currently favored learning how administration could be accomplished collectively with other municipalities for greater efficiency and flexibility. He assured Mr. Snaman that the City=s interests as a leader in the field, having instituted a solar project and made a commitment for wind power, would be monitored and protected. Mr. Bonar encouraged Mr. DePrima to pursue additional manufacturing facilities in the area. He felt it important to inform others that green energy is not cheap and will increase the cost of electricity for at least the immediate future. Concurring, Mr. McCullar noted that renewable energy currently is at a premium compared to energy from traditional sources and will be for several years. He stated that, as investments are made, technology will improve, costs of technology will decrease, and at some point parity with carbon- based energy will be achieved. He explained that caps were included in the legislation to avoid extreme run-ups in retail rates in the first five (5) years. Mr. McCullar noted that, in the future, it will be more practical to engage in larger, community-based renewable projects, similar to the Dover SUN Park, rather than small-scale projects. He stated that DEMEC was created by municipalities in 1979 to perform these types of capital finance investments. Mr. McCullar explained that DEMEC has A-rated credit in the financial markets, has bonds that are very much in demand, and obtains the lowest rates possible. He stated that bonds for a $7M substation in the City of New Castle recently sold at 2.92%. Mr. McCullar indicated that allowing DEMEC to finance and build these types of projects can bring value to the enterprise. Responding to Mr. Ruane, Mr. McCullar explained that the Sustainable Energy Utility (SEU) is a quasi-governmental agency created by the legislature several years ago which will have control over a substantial amount of funds and will decide how renewable energy and energy efficiency

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 13 projects are performed in the State of Delaware. He explained that DEMEC does not have votes on the SEU board at this time; however, the State is creating a renewable energy task force and the municipalities will have a seat on that task force. The task force will be charged with making recommendations on how to best move forward in achieving renewable energy goals and energy efficiency goals in Delaware. Mr. McCullar stated that DEMEC has been assured that the SEU will be listening closely to the recommendations of the task force. Responding to Mr. Ruane, Mr. McCullar noted that Senate Bill 267 addresses solar, wind, biomass, and geothermal renewable energy. Mr. McCullar stated that DEMEC=s goal in considering the legislation is to ensure that provisions are implemented in way that is useful to the State of Delaware but does not cause unintended harm to end-use customers. Mr. Ruane commended Mr. McCullar for working with the General Assembly, expressed his appreciation, and stated that the City would continue to cooperate with DEMEC. The Committee recommended acceptance of the report. Mr. Ruane requested that Mr. DePrima and Mr. Ronald Lunt, Public Utilities Manager, provide members an update regarding the implementation of State energy-related legislation at the meeting scheduled for September 27, 2010. By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and Mr. Ruane absent). Review of Utility Related CIP=s (Electric and Water/Wastewater) (Deferred by Committee on June 28, 2010 Due to Time Constraints) Mr. Anthony DePrima, City Manager, stated that the report provided to members reflects the status of projects as of April, 2010. He noted that a number of smaller projects at the Power Plant were completed and several others at the Water/Wastewater Plant were delayed due to financing. Responding to Mr. Ruane, Mr. Lunt stated that the South Governors Avenue project is progressing, water lines are being placed, a cut-in for the hospital was completed during the week of July 5, 2010, and preparations have been completed for putting more facilities on the electric system. In response to Mr. Ruane, Mr. DePrima stated he would inquire as to possible internal problems creating delays for moving the utilities related to construction of the new library. Responding to Mr. Bonar, Mr. DePrima explained that the pumping station situated on the former PW2 property is operated by Kent County. He noted that the City often receives

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 14 complaints regarding odor in the area, which are forwarded to the County. The Committee recommended acceptance of the report. By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and Mr. Ruane absent). PACE/NAES Monthly Report (May) Members were provided the PACE/NAES Monthly Report for May. 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 reports, they welcomed any questions. Mr. DePrima noted that May 2010 was a hotter month than normal, resulting in a small amount of energy generation and an $8,700 net value to the City. He noted that the City continues to operate below budget projections for the cost of providing power. He stated that demolition, including removal of old coal chutes, has begun behind the power plant, and expenses for this project were reduced due to the current high cost of metal. He further explained that the project would remove liability due to very old steel structures on the premises and would also free up property for construction in the future. Mr. DePrima also noted that the Power Plant management approached him to discuss the possibility of adding an engineering staffing position to the plant and possibly eliminating an administrative position due to increased demands on power plant operations. He stated that more detailed information on this matter has been requested, and PACE, as the asset manager, will be asked to evaluate the proposal. Mr. DePrima stated that increasing the capacity value of the Combustion Turbine (CT) was being considered. He noted that this matter was discussed previously and not found to be cost effective; however, a cost/benefit analysis utilizing a new technology will be performed. In addition, he noted that PJM is beginning to create a new trading market for Solar Renewable Energy Credits (SREC=s), so the City could trade, buy, and sell SREC=s. In response to Mr. Ruane, Mr. DePrima relayed that the Environmental Protection Agency (EPA) is considering proposed legislation related to a cap and trade bill, Renewable Portfolio Standards (RPS) legislation, and regulation of greenhouse gases; however, none of these proposed regulations have been finalized. The Committee recommended acceptance of the PACE/NAES Monthly Reports for May 2010. By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and Mr. Ruane absent). Mr. Ruane noted that Mr. McGiffin would stand in as Committee Chair during his absence throughout the months of July and August.

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 15 By consent agenda, Mr. Leary moved for approval of the Utility Committee Report, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and Mr. Ruane absent). LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JULY 12, 2010 The Legislative, Finance, and Administration Committee met on July 12, 2010 with Chairman Leary 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. Police Officer Members were reminded that, during their meeting of April 26, 2010, they reviewed a request to recruit for a Police Officer. At that time, members deferred consideration of the request until the incumbent of the position retired. Police Chief James Hosfelt explained that MCpl. Ralph Taylor would be retiring effective July 15, 2010, and reviewed a request to recruit for his replacement. He noted that filling the position is necessary in order for the Department and the City of Dover to remain compliant with the provisions of the Community Oriented Policing Service (COPS) grant, which City Council approved on September 14, 2009. In response to Dr. Jones, Mr. Anthony DePrima, City Manager, stated that the Police Department utilizes a recruiting system that is separate from that used by other City departments. Chief Hosfelt noted that the position would be advertised nationally through several police publications, on the internet, and in newspapers in the Tri-State radius. He explained that the Department has had good results in recruiting officers from other departments in the Tri-State Area in the past. The Committee recommended approval to recruit for the position of Police Officer, as requested. By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and Mr. Ruane absent). Police Dispatcher Chief James Hosfelt reviewed a request to recruit for a Police Dispatcher vacancy created by the sudden resignation of an employee. He noted that the Emergency Dispatch/911 Center is

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 16 currently manned by ten (10) dispatchers, and the authorized strength of the unit is 11. He explained that the starting salary of the new employee would be approximately $31,000 per year, and that the previous employee, who had over ten (10) years of service, earned approximately $50,000. He noted that procedure for advertising the position would be similar to that used by the Department to recruit for Police Officers. In response to Mr. Salters, Chief Hosfelt explained that, if this position was not filled, the cost of providing overtime pay for current employees to perform this function would exceed the cost of hiring a new employee. He noted that this was the only unit in the City that was not subject to furloughs during FY 2009-2010, due to the emergency nature of the work. He estimated it would take approximately two (2) months to fill the position. In response to Mr. Shevock, Chief Hosfelt stated that Police Officers will not be pulled from their regular duties to cover this position while vacant and indicated that interim duties would be performed by the 911 Manager and other dispatchers. The Committee recommended approval to recruit for the position of Police Dispatcher, as requested. By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and Mr. Ruane absent). Proposed Resolution in Support of the Local Jobs Act Mayor Carey explained that the National League of Cities has requested support for passage of the Local Jobs for America Act by Congress. Members were provided a sample Resolution expressing support. He stated that he spoke with Mitchel Herckis, Principal Associate for Human Development and Public Safety, National League of Cities, who indicated that the City could receive as much as $3,995,865 per year for two (2) years, if this legislation is passed as written, and would also have the opportunity to apply for $1.2 billion in police hiring grants. He noted that the deadline for submission of a Resolution in support of the Local Jobs for America Act is the end of July. Mr. Ruane stated his support of such a Resolution; however, he suggested that its wording be significantly revised before it is brought to Council for a final vote. Mr. Ruane requested that the document be edited to be "less generic" and more specific to the current economic condition of the City, which he felt to be less severe than indicated in the Resolution. He specifically mentioned that references to "layoffs" did not apply. Mr. Ruane also requested that further information be obtained from the League of Local Governments before the Resolution is presented to Council, including the status of the bill in Congress and the role of the local delegation. Concurring with Mr. Ruane, Mr. Leary noted that references to "firefighters" and "teachers" should be removed from the Resolution.

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 17 Mr. Hogan concurred with the concept of the Resolution and favored the content of the last two (2) paragraphs; however, he felt Paragraphs 2, 3, and 4 were in need of revision. Mr. Salters stated that he believed this bill had been rejected by Congress to this point; however, the National League of Cities was attempting to garner support for its passage. The Committee recommended to defer consideration of the Resolution until the meeting of July 26, 2010; suggested that Mayor Carey contact Mr. George Wright, Executive Director of the League of Local Governments, to determine the League=s standing on the Local Jobs for America Act and determine if it is still active legislation; and rewrite the Resolution in accordance with the suggestions made by members for discussion at the Legislative, Finance, and Administration Committee meeting on July 26, 2010, and that, if the deadline is, in fact, the end of July, this item be forwarded to City Council for consideration the same evening due to time constraints. By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and Mr. Ruane absent). (See Agenda Item #7 considered during the latter part of the meeting.) Actuary Services Contract - Pension and Other Post-Employment Benefits Mrs. Peggy Teal, Assistant Finance Director, reviewed a request to award a five (5) year contract to Milliman, Inc. for Pension and Other Post Employment Benefits (OPEB) actuarial and benefits consulting services. She explained that the $62,000 contract would include services to be performed from FY 2011 to FY 2016. Mrs. Teal noted that Milliman was selected because of their ability to perform both types of services requested and their convenient location in Wayne, Pennsylvania. She noted that the Request for Proposal included a provision to have one (1) actuary perform valuation services for both the Pension Plans and OPEB to create efficiency and cost savings in preparing data; previously services of two (2) vendors were used. Mrs. Teal explained that all proposals were reviewed for quality, experience, and qualifications of the firm and its staff, valuation fees, hourly rates, travel, administrative factors, and the amount of experience in the pension and medical benefits fields. In scoring the pricing of the proposals, the hourly rates for consulting services were considered, along with the valuation service fees. She noted that staff felt it was imperative to select a firm that could also meet the future needs of the Health Benefits Committee and provide consultation services at a reasonable overall cost. She indicated that ten (10) proposals were received, all of which indicated good qualifications and experience. A Response Rating Analysis was provided to members. Mrs. Teal noted that there were no local vendor or minority vendor preferences identified nor submitted with these proposals. In response to Mr. Salters, Mrs. Teal indicated that proposals were received from all over the United States. She indicated that Milliman is a national firm that has not previously served the City; however, references were checked and the firm was currently working with the Town of Smyrna. She explained that actuarial services for Pension were previously performed by Al Pike

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 18 of Pike Associates, who recently retired, and that Nyhart, who was one (1) of the bidders for this proposal, is currently performing these services for OPEB. The Committee recommended that the contract for Pension and Other Post Employment Actuarial Services and Benefits Consulting for FY 2011 - FY 2016, in the amount of $62,000, be awarded to Milliman, Inc. By consent agenda, Mr. Leary moved for approval of the Committee=s recommendation, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and Mr. Ruane absent). By consent agenda, Mr. Leary moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and Mr. Ruane absent). LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JULY 26, 2010 Except for the following time sensitive issue, the Legislative, Finance, and Administration Committee Report from the meeting of July 26, 2010 will be presented to Council during their Regular Meeting of August 9, 2010 for Council=s review and consideration. Proposed Resolution #2010-08 in Support of the Local Jobs for America Act During the Committee meeting held earlier this evening, members considered a request for a proposed Resolution in support of the Local Jobs for America Act. It was noted that this matter was considered by members during their meeting of July 12, 2010 and that action was deferred in order to allow time to revise the Resolution and obtain additional information. The committee recommended adoption of Resolution #2010-08 in support of the Local Jobs for America Act. Mr. Leary moved to recommend adoption of Resolution #2010-08 in support of the Local Jobs for America Act, seconded by Mr. McGlumphy and, by a unanimous roll call vote (Mr. Bonar and Mr. Ruane absent), Council adopted the following Resolution: A RESOLUTION PROPOSING THE SUPPORT OF THE LOCAL JOBS FOR AMERICA ACT WHEREAS, the City of Dover employs 394 workers in jobs ranging from city administration to trash collection, and public safety; WHEREAS, despite signs of national economic recovery, the City of Dover continues to face significant budget shortfalls due to the loss of revenues from property taxes, construction permits, and real estate transfer taxes; and

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 19 WHEREAS, the loss of revenues is significant enough that it may force the City of Dover to keep important jobs vacant, including police officers, and others who provide critical services; and WHEREAS, such vacancies contribute to an increase in the lack of fiscal stability for this community, and further contribute to the nation=s unemployment rate just as the economy begins to recover; and WHEREAS, federal aid will be necessary if the City of Dover is to avoid reducing public services, increasing police and other job vacancies, or significant increases in taxes to pay the salaries of these employees. NOW, THEREFORE, BE IT RESOLVED that the City of Dover endorses H.R. 4812, the "Local Jobs for America Act," because it would assist cities across America including Dover, community- based organizations, and private employers to retain and hire new employees; BE IT FURTHER RESOLVED that the City of Dover supports the funding levels proposed in this legislation, including: • $75 billion over two years to local governments and community-based organizations to retain or create public service jobs designed to ensure that city and other services are maintained; • $23 billion to local school districts for one year so that they may retain and create up to 250,000 new jobs; • $1.18 billion so that local governments may employ 5,500 new law enforcement and $500 million to retain, rehire, and hire firefighters; and • Funding for 50,000 on-the-job private-sector training positions. BE IT FURTHER RESOLVED that the City of Dover supports H.R. 4812 because it would prevent state and local governments from having to choose between eliminating services and raising taxes; and BE IT FURTHER RESOLVED that the City of Dover supports H.R. 4812 because it would help stimulate local businesses and create additional jobs in the local economy; and BE IT FURTHER RESOLVED that the City of Dover urges Congress and the President to adopt H.R. 4812 into law and fund the provisions outlined in the legislation immediately so that cities and towns across America can retain existing employees and provide employment opportunities in the public and private sectors. ADOPTED: JULY 26, 2010

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 20 Mr. Leary moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and unanimously carried (Mr. Bonar and Mr. Ruane absent). MONTHLY CIP REPORT - MAY 2010 By motion of Mr. Leary, seconded by Mrs. Russell, the monthly CIP Report for May 2010 was accepted by consent agenda (Mr. Bonar and Mr. Ruane absent). Evaluation of Bids - System Control and Data Acquisition (SCADA) Maintenance Contract Mr. Anthony DePrima, City Manager, advised members that the Public Utilities Department operates two (2) fixed System Control and Data Acquisition (SCADA) systems to monitor and control 14 electric substations, two (2) power generation facilities, 23 water wells, one (1) water treatment plant, and 42 wastewater pumping stations. In addition, he stated that the Public Utilities Department operates the communication system for each location which communicates either through fiber optics or a radio system. Mr. DePrima noted that a SCADA Technician (a City employee) performed this function in previous years; however, when that employee retired, it was decided to disperse the duties of this position to current employees and issue a "support" contract to minimize expenses. Mr. Deprima advised members that the services provided under this contract will include supporting staff members who are responsible for the maintenance and repair of current SCADA components and assisting with the upgrade of obsolete equipment. In addition, he noted that the contractor will assist staff with troubleshooting and repair of the radio/fiber communication system and related components. Mr. DePrima stated that it was determined that this practice should be continued as this method has proven to be cost effective; therefore, proposals were solicited for a SCADA maintenance contract. Mr. DePrima advised members that request for proposals was advertised by the City=s Contract and Procurement Manager and two (2) responses were received. He stated that the low bid was received from Donovan Contractual Services (DSC) at $50.00 per hour. Mr DePrima explained that by structuring the contract in this form, the City could monitor the expenses and hire an employee if it is economically advantageous. He noted that contract values with DCS for the last two (2) years were $46,558 for FY 2009 and $24,650 for FY 2010 (through May). Staff recommended awarding the contract to Donovan Contractual Services (DCS) for one (1) year with the City=s option to annually extend the contract for a total of three (3) years. Mr. McGlumphy moved for approval of staff=s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Bonar and Mr. Ruane absent). Approval of Contracts - Delaware Solid Waste Authority (DSWA) - Municipal Discount Disposal Fee and Recyclable Material Agreements Members were provided a Municipal Discount Disposal Fee Agreement with the Delaware Solid Waste Authority (DSWA) for consideration. Mr. Anthony DePrima, City Manager, advised members that a coalition of municipalities who contract directly with the Delaware Solid Waste Authority negotiated a new three (3) year contract with DSWA for Municipal Disposal Fees.

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 21 He explained that DSWA initially proposed charging a higher fee for disposal and rebating excess funds at the end of the year; however, municipalities were successful in negotiating removal of this provision from the contract. The $72.00 per ton fee started on July 1, 2010 and represents a 40% increase over last year=s fee. The fees will increase to $74.00 per ton and $76.00 per ton over the next two (2) years of the contract. The municipalities were not successful in convincing the DSWA to maintain the previous "Dry Waste" fee. All other language is similar to existing provisions. In addition, members were also provided a Recyclable Material Agreement with the DSWA. Mr. DePrima advised members that the municipalities were also able to negotiate free disposal of recyclable material waste for up to six (6) years. He explained that this gives the contracted municipalities even greater assurances than the new Universal Recycling Law provides. Although the municipalities were also able to negotiate a deferred payment plan, Mr. DePrima indicated that there is no advantage to this option since Dover=s budget is done on an accrual basis of accounting. He explained that municipalities that are taking advantage of the deferred payment option use a cash basis budget. Staff recommended that the City Manager be authorized to sign the DSWA Municipal Discount Disposal Fee Agreement and the Recyclable Material Agreement. Responding to Mrs. Williams, Mr. DePrima stated that the Universal Recycling Legislation stipulates that the DSWA is mandated to accept recyclables at no charge at their facilities unless private sector facilities are developed. In theory, he explained that if someone were to develop a private recycling facility within a jurisdiction, the DSWA could charge a fee since an alternative option would be available. He reminded members that the Legislation mandated that every service provider offer a recycling program to its customers. He explained that those municipalities that utilize a private sanitation service company are not mandated to provide the recycling program; however, the company which the municipality uses for this service will be required to provide recycling. Mr. DePrima confirmed that, as a result of the Legislation, recycling has been mandated to all Delawareans. In response to Mr. McGlumphy, Mr. DePrima indicated that there is not 100% participation in recycling by City residents and that he did not know the percentage of participation at this time. Mr. Salters relayed concerns with the weight of full recycling bins and the difficulty in moving them for collection. Mr. DePrima suggested that anyone wishing to obtain a smaller bin contact the City. Mr. Leary moved to authorize the City Manager to sign the Delaware Solid Waste Authority (DSWA) Municipal Discount Disposal Fee Agreement (Exhibit #1) and the Recyclable Material Agreement (Exhibit #2). The motion was seconded by Mr. Salters and carried by a roll call vote of five (5) yes, two (2) no (Mr. McGlumphy and Mrs. Williams),

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 22 and two (2) absent (Mr. Bonar and Mr. Ruane). HUMAN RELATIONS COMMISSION APPOINTMENTS/REAPPOINTMENTS Members considered the following appointments to the Human Relations Commission: Appointment Recommended by Mayor Carey - Maisha Britt (To Fill the Expired Term of Brian E. Lewis - Term to Expire February 2013) Mayor Carey requested the appointment of Maisha Britt, to fill the expired term of Brian E. Lewis, for a term to expire February 2013. By consent agenda, Mr. Leary moved for approval of the appointments as recommended by Mayor Carey, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and Mr. Ruane absent). Appointments Recommended by Council President Hogan - Three Year Terms to Expire February 2013 Council President Hogan requested the following appointments for three (3) year terms to expire February 2013: Phyllis Edamatsu (Reappointment) Paul Fleming (Reappointment) Catherine M. Gregory (To Fill the Expired Term of Samuel Hoff) Willie E. Jones (To Fill the Expired Term of Gregory Bunkley) By consent agenda, Mr. Leary moved for approval of the appointments as recommended by Council President Hogan, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and Mr. Ruane absent). Appointment Recommended by Council President Hogan - Anlee Baccio-Walker - Three Year Term to Expire February 2011 (To Fill the Unexpired Term of Saundra Sutton) Council President Hogan requested the appointment of Anlee Baccio-Walker to fill the unexpired term of Saundra Sutton for a three (3) year term to expire February 2011. By consent agenda, Mr. Leary moved for approval of the appointments as recommended by Council President Hogan, seconded by Mrs. Russell and carried by a unanimous roll call vote (Mr. Bonar and Mr. Ruane absent). RESOLUTION #2010-06 - AUTHORIZING CONTROLLER/TREASURER AND ASSISTANT TREASURERS TO DISBURSE FUNDS By consent agenda, Mr. Leary moved for adoption of Resolution #2010-06 - Authorizing the Controller/Treasurer and Assistant Treasurers to Disburse Funds. The motion was seconded by Mrs. Russell and, by a unanimous roll call vote (Mr. Bonar and Mr. Ruane absent), adopted the following Resolution:

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 23 WHEREAS, the City of Dover's investment policy includes the investment of funds up to $100,000 per banking institution, investments in the State of Delaware Investment Pool and the purchase and sale of U.S. Treasury and agency securities; and WHEREAS, the banking institutions, brokerage firms, trust companies and other various financial institutions require an Authorizing Resolution for the opening of accounts, and for purchasing, selling, transferring, assigning and handling securities; NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Dover, that the Controller/Treasurer and Assistant Treasurers are hereby authorized to open accounts with banking institutions and purchase, sell, transfer assignment and handle securities, and that they are authorized to sign all related forms; BE IT FURTHER RESOLVED that the transactions in these accounts be carried out with any one signature; and That the following are the office holders authorized for these purposes, until further notice: Donna S. Mitchell - Controller/Treasurer Traci A. McDowell - Assistant Treasurer Amber L. Clendaniel - Assistant Treasurer ADOPTED: JULY 26, 2010 FINAL READING - PROPOSED ORDINANCE The First Reading of the following Proposed Ordinance was accomplished during the Council Meeting of July 12, 2010. Proposed Ordinance #2010-22 - Amending Chapter 18 - Animals, Section 18-16 - Keeping of Bees Mr. McGiffin moved that the Final Reading of the Proposed Ordinance be acknowledged by title only, seconded by Mr. Leary and unanimously carried. By a motion of, seconded by Mr. Leary and carried by a unanimous roll call vote (Mr. Bonar and Mr. Ruane absent), Council adopted Ordinance #2010-22, as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Chapter 18 - Animals - Section 18-1 - Definitions, be amended to read as follows: Sec. 18-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 24 Animal includes every living dumb creature, and birds and fowl. Animal abandonment includes completely forsaking or deserting an animal originally under one's custody, without making reasonable arrangements for custody of that animal to be assumed by another person. Animal control officer means a person employed by the city as an enforcement officer, including sworn police officers. Animal shelter and veterinary facility mean any premises so designated by the city for the purpose of impounding and caring for strays, animals found running at-large, or animals in violation of this chapter. Apiary means the assembly of one or more colonies of bees at a single location. At-large means an animal off the premises of the owner and not under the control of a human being either by leash, cord, chain or otherwise. Beekeeper means a person who owns or has charge of one or more colonies of bees. Beekeeping equipment means anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards and extractors. Colony or hive means an aggregate of bees consisting principally of workers, but having, when perfect, one queen and at times many drones, including brood, combs, honey and the receptacle inhabited of bees. Cruel includes every act or omission to act whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted. Custody includes the responsibility for the welfare of an animal subject to one's care and control, whether he owns it or not. Domesticated animal means any animal that is accustomed to living in or about the habitation of man, including, but not limited to, cats, dogs, cows, horses, swine and fowl. Food and drink includes providing each animal with daily food and water of sufficient quality and quantity to prevent unnecessary or unjustifiable physical pain or suffering by the animal. Habitable structure means any building or structure used, or intended for use, on a day-to-day basis by people for residential properties, or for purposes of conducting a commercial or industrial business, or for purposes of a similar nature. Honey bee means all life stages of the common domestic honey bee, Apis mellifera species.

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 25 Nucleus colony means a small colony created from larger colonies Owner means any person, partnership, association, or corporation owning, keeping or harboring a dog or other animal. Any animal shall be deemed to be harbored if it is fed or sheltered for three or more consecutive days. Public nuisance animal means any domestic animal or group of domestic animals which: (1) At-large. Is repeatedly found at-large; (2) Property damage. Damages the property of anyone other than its owner; (3) Interference with persons, vehicles. Molests passersby or chases passing vehicles or bicycles; (4) Noise. Barks, whines or howls in an excessive, continuous or untimely fashion; (5) Odor. Creates an odor which is noxious or offensive, and/or which constitutes a substantial annoyance, convenience or injury to the public; or (6) General welfare. Interferes with the health, comfort, safety or enjoyment of property; offends the sense of decency of the public as a result of unsanitary conditions in the area where such animals are kept; and/or creates a danger to the public health as determined by the state division of public health.

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 26 Restraint means when a dog or other animal is controlled by a leash, cord, chain, or under the control of an owner or other responsible person and obedient to that person's commands, or within a vehicle being driven or parked on the street, or within the property limits of its owner or keeper. Shelter includes providing each animal with adequate shelter from the weather elements as required to prevent unnecessary or unjustifiable physical pain or suffering by the animal. Stray means a domesticated animal for which ownership is not established or for which the owner disclaims future responsibility. Super means an additional story on top of a hive. Undeveloped parcel means any land that is not improved or in the process of being improved with habitable structures. Vicious dog or animal means any dog or animal which constitutes a physical threat to a human being or other animal by virtue of attacks of such number and/or severity as to be likely to cause property damage or physical injury. Evidence of a prior instance of an animal biting a human being, without provocation, shall be prima facie evidence that the dog or animal is vicious. This term is further defined in section 18-9(a). Wild animal means any live monkey (nonhuman primate), raccoon, skunk, fox, poisonous snake, boa, python, leopard, panther, tiger, lion, lynx or any other warm-blooded animal which can normally be found in the wild state. BE IT FURTHER ORDAINED That Chapter 18 - Animals - Section 18-16 - Keeping Bees, be amended to read as follows: Sec. 18-16. Keeping bees. (a) Notwithstanding compliance with the various requirements of this article, it shall be unlawful for any beekeeper to keep any colony or colonies in such a manner or of such disposition as to cause any unhealthy condition, interfere with the normal use and enjoyment of human or animal life of others or interfere with the normal use and enjoyment of any public property or property of others. (b) Location of beehives from structures and businesses. Beehives for the housing of bee colonies shall not be located closer than 150 feet from residential structures, hospitals, public eateries, churches, offices or schools. (c) Maintenance permitted at educational and farm facilities; exemption. Universities, colleges, museums and farms of two acres or more may maintain hives on their properties in a safe manner, provided that the hives meet a 40-foot setback

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 27 requirement from buildings on adjacent properties. Universities, colleges, museum facilities and farms of two acres or more are exempt from the 150-foot setback requirement for buildings that are located on their properties. (d) Declared nuisance; removal. Any beehive that is declared a nuisance by a majority vote of the city council may be required to be removed or relocated. (e) Hive Registration. All honey bee colonies shall be registered with the State of Delaware Department of Agriculture. (f) Hive Type. All honey bee colonies shall be kept in removable frames, which shall be kept in sound and usable condition. (g) Fencing of flyways. In each instance in which any colony is situated within 25 feet of a public or private property line of the parcel upon which the apiary is situated, as measured from the nearest point on the hive to the property line, the beekeeper shall establish and maintain a flyway barrier at least six (6) feet in height consisting of an opaque wall, fence, dense vegetation or combination thereof that is parallel to the property line and extends 10 feet beyond the colony in each direction so that all bees are forced to fly at an elevation of at least 6 feet above ground level over the property lines in the vicinity of the apiary. It is a defense against prosecution under this section that the property adjoining the apiary tract in the vicinity of the apiary is undeveloped property for a distance of at least 25 feet from the property line of the apiary tract, unless prohibited by the zoning ordinance. (h) Water. Each beekeeper shall ensure that a convenient source of water is available to the bees at all times during the year so that the bees will not congregate at swimming pools, bibcocks, pet watering bowls, bird baths or other water sources where they may cause human, bird or domestic pet contact. (i) General Maintenance. Each beekeeper shall ensure that no bee comb or other materials that might encourage robbing are left upon the grounds of the apiary site. Upon their removal from the hive, all such materials shall promptly be disposed of in a sealed container or placed within a building or other bee-proof enclosure. (j) Queens. In any instances in which a colony exhibits unusual aggressive characteristics by stinging or attempting to sting without due provocation or exhibits an unusual disposition toward swarming, it shall be the duty of the beekeeper to promptly re- queen the colony with another queen. Queens shall be selected from stock bred for gentleness and non-swarming characteristics. (k) Colony Densities. For every two (2) colonies authorized under this section, there may be maintained upon the same tract one nucleus colony in a hive structure with no supers attached, as required from time to time for management of swarms. Each such

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 28 nucleus colony shall be disposed of or combined with an authorized colony within 30 days after the date acquired. It shall be unlawful to keep more than the following number of colonies on any parcel within the city, based upon size or configuration of the parcel on which the apiary is situated: (1) One-quarter acre or less - two (2) colonies (2) More than one-quarter acre but less than one-half acre - 4 colonies (3) More than one-half acre but less than one acre - 6 colonies (4) One acre or larger - 8 colonies (5) Regardless of parcel size, where all hives are situated at least 200 feet in any direction from all property lines of the tract on which the apiary is situated, there shall be a limit of ten (10) colonies. (6) Regardless of parcel size, so long as all property other than the tract upon which the hives are situated, that is within a radius of at least 200 feet from any hive, remains undeveloped parcels there shall be a limit of ten (10) colonies. (l) Inspection. The Department of Inspections shall have the right to inspect any apiary. (m) Violations; penalties. Any person convicted of violating the provisions of this section shall be punished as provided for in Appendix F - Fees and Fines. BE IT FURTHER ORDAINED That Appendix F - Fees and Fines, Chapter 18 - Animals - Section 18-16 - Keeping Bees, be amended to read as follows: Sec. 18-16 Keeping bees Subsec. (m) Violations; penalties, for each violation Not less than $25.00 or more than $100.00 ADOPTED: JULY 26, 2010 COUNCIL MEMBERS ANNOUNCEMENTS At the request of Mr. Salters, Mr. Anthony DePrima, City Manager, advised members of an article, "Polluted Water Found Statewide", that was published in the Wilmington News Journal on July 26, 2010. He stated that the article referred to pollutants leaking from the Dover Gas Light superfund site into the ground water, along with pollution from the old Capital Cleaners site. Mr. DePrima noted that the article mentioned other industrial sites throughout Delaware where groundwater is being polluted. Mr. DePrima explained that the article indicated that the pollutants affect those within one (1) mile of the site and noted that several of the City=s 14 drinking water wells are located within this

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 29 one (1) mile radius. He stated that, unless the article was read very closely, individuals may be led to believe that the City=s public drinking water was being threatened by these pollutants. He assured members that the ground water pollution from the Dover Gas Light superfund site could not intermingle with the City=s water supply. Mr. DePrima advised members that the pollutants are 30 feet below ground and the City=s water wells are 300-500 feet below ground, and more importantly, he stated that these wells are contained in an aquifer topped by a thick layer of clay which protects the water. Mr. DePrima stated that he has confirmed this information with the project manager at the Department of Natural Resources and Environmental Control (DNREC) and assured members that there are no threats to the City=s water. Mr. DePrima announced that residents will be receiving notices regarding the City=s recycling program. Beginning August 2nd, there will be a new recycling schedule, due to the City=s new contractor. He stated that, although recyclables will be collected the same day that residents= regular trash is collected, this will only occur every other week. The notices will also be provided to local newspapers. Mrs. Russell advised members of complaints received from residents of West Street regarding flooding that occurred on their street during a recent rainstorm. She suggested that the manholes or catch basins may need to be cleared. In response to Mrs. Russell, Mr. DePrima stated that the City should be able to provide recycling services to all residents, including those residents whose trash is collected through the alleyways. Mrs. Russell moved for adjournment, seconded by Mr. Leary and unanimously carried. Meeting Adjourned at 8:04 P.M. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of July 26, 2010, are hereby approved. CARLETON E. CAREY, SR. MAYOR /TM/jg magDF6D.wpd Exhibits Attached to Original Minutes and File Copy Exhibit #1 - DSWA Municipal Discount Disposal Fee Agreement

CITY COUNCIL MEETING OF JULY 26, 2010 PAGE 30 Exhibit #2 - DSWA Recyclable Material Agreement

EXHIBIT #1 Regular Council Meeting of 07/26/2010 MUNICIPAL DISCOUNT DISPOSAL FEE AGREEMENT THIS AGREEMENT, entered into by and between the Delaware Solid Waste Authority (”Authority”) and City of Dover, Delaware (“Customer”), made this ________ of _______, 20_____. WHEREAS, the Authority owns and operates facilities throughout the State of Delaware; and WHEREAS, the Authority receives solid waste and dry waste at its facilities from various customers who collect and/or transport solid waste and dry waste generated in the State of Delaware; and WHEREAS, for municipalities with accounts with the Authority which collect and transport the solid waste and dry waste generated within their municipal boundaries with their own equipment and labor force the Authority is willing to provide an option to such municipality which allows the municipality to choose to receive a rebate or a discount regarding payment of the adopted uniform base rate; and WHEREAS, the Customer wishes to utilize the services of the Authority for the receipt and disposal of all Customer’s solid waste and dry waste collected in the State of Delaware; and WHEREAS, the Authority wishes to provide disposal services to Customer under this Agreement as an integral part of fulfilling its statutory responsibilities and satisfying its financial obligations. NOW, THEREFORE, in consideration of the mutual promises set forth in this Agreement, and other good and valuable consideration, the parties, intending to be legally bound, hereby agree as follows: 1. Customer shall, subject to the exceptions set forth in Paragraph 6 hereafter, deliver to Authority designated facilities all solid waste and dry waste generated in the State of Delaware which is collected and/or transported by Customer during the term of this Agreement. 2. Customer shall pay to the Authority:

Delaware Solid Waste Authority Discount Disposal Fee Agreement (a) Seventy Two Dollars ($72.00) for each ton of solid waste and dry waste delivered to the Authority landfills; namely, the Northern Solid Waste Facility located at Cherry Island in Delaware, the Central Solid Waste Facility located at Sandtown in Delaware, and the Southern Solid Waste Facility located at Jones Crossroads in Delaware; and Seventy Six Dollars ($76.00) for each ton of solid waste and dry waste delivered to the Authority transfer stations, namely the Pine Tree Corner facility, the Milford facility, and the Route 5 facility, during the period commencing July 1, 2010 and ending June 30, 2011; (b) Seventy Four Dollars ($74.00) for each ton of solid waste and dry waste delivered to the Authority landfills; namely, the Northern Solid Waste Facility located at Cherry Island in Delaware, the Central Solid Waste Facility located at Sandtown in Delaware, and the Southern Solid Waste Facility located at Jones Crossroads in Delaware; and Seventy Eight Dollars ($78.00) for each ton of solid waste and dry waste delivered to the Authority transfer stations, namely the Pine Tree Corner facility, the Milford facility, and the Route 5 facility, during the period commencing July 1, 2011 and ending June 30, 2012; and (c) Seventy Six Dollars ($76.00) for each ton of solid waste and dry waste delivered to the Authority landfills; namely, the Northern Solid Waste Facility located at Cherry Island in Delaware, the Central Solid Waste Facility located at Sandtown in Delaware, and the Southern Solid Waste Facility located at Jones Crossroads in Delaware; and Eighty Dollars ($80.00) for each ton of solid waste and dry waste delivered to the Authority transfer stations, namely the Pine Tree Corner facility, the Milford facility, and the 3. In the event the Authority establishes a general base rate for disposal of solid waste and dry waste below the base rates specified in Paragraph 2 above for the time periods indicated, Customer shall be entitled to such lower base rates while such lower base rates are in effect. Dry waste shall be as defined in the Regulations of the Delaware Solid Waste Authority and 2

Delaware Solid Waste Authority Discount Disposal Fee Agreement shall be delivered in separated loads free of any commingled municipal solid waste. The delivery of yard waste to Authority facilities shall be subject to any limitations or prohibitions imposed by law, regulations and permit conditions, and any special restrictions or requirements imposed by the Authority. 4. The term of this Agreement shall be from July 1, 2010 or the execution date of this Agreement thereafter to June 30, 2013. 5. The rates in paragraphs 2, above shall be conditioned on full payment by Customer of all amounts due, when due, by Customer under the Authority’s payment policy for services provided by the Authority, provided, however, that delinquent payment shall not relieve Customer of the obligation to deliver all solid waste and dry waste to designated Authority facilities in accordance with the requirements set forth in paragraph 1 above. 6. For purposes of this Agreement the solid waste and dry waste required to be delivered to designated Authority facilities under Paragraphs 1 above shall not include: (a) source separated recyclable materials, including any materials collected under curbside recycling programs, provided however, the waste residue resulting from the recycling, resource recovery or beneficial use of Delaware solid waste and dry waste which is generated from operations conducted in Delaware shall not be subject to this exemption; (b) special solid waste as defined by the Authority; (c) industrial solid waste as defined by the Authority; (d) agricultural waste generated on a farm; (e) tires; (f) non-hazardous waste resulting from emergency clean-up actions; (g) waste materials collected from industrial facilities which have adopted and implemented a company wide policy requiring all waste materials generated at the industrial facility to be disposed at waste to energy plants; 3

Delaware Solid Waste Authority Discount Disposal Fee Agreement (h) dry waste generated and collected in New Castle County, Delaware. Customer may, however, deliver to Authority facilities the solid waste and dry waste generated in the State of Delaware and identified in subparagraphs (a) through (i) above, subject to payment of the applicable disposal fee, and subject to compliance with laws, regulations and permit conditions, and the Authority’s rules, regulations and procedures pertaining to such dry waste and solid waste. 7. It shall be a condition of default and cause for termination if Customer: (a) fails to maintain a current payment account in accordance with Authority’s rules, regulations, procedures, and payment policies; (b) fails to deliver the solid waste or dry waste required to be delivered to the Authority’s facilities under this Agreement, provided, however, that unintentional and non-material failures by Customer to make the required delivery of solid waste or dry waste will not be grounds for termination if the Customer provides written notice of the failure within seventy-two (72) hours of the event, and cures such failure by making arrangements for delivery to Authority facilities of sufficient amounts of acceptable alternative or replacement solid waste or dry waste generated in the State of Delaware, and not subject to the requirements of Paragraph 1 above, to account for the short fall in tonnage and user fee loss experienced by the Authority as a result of the failure; or (c) fails on a repeated basis to comply with laws and regulations applicable to solid waste collection and transportation, or the Authority’s rules, regulations and policies. 8. It shall be a condition of default and cause for termination if the Authority engages in the curbside collection of municipal solid waste, provided that the default is not cured by Authority within (30) days of written notification by Customer to Authority of the default. 9. Customer and Authority shall be relieved of responsibility for performance under this Agreement to the extent and for such time or times in which Customer or Authority are prevented or substantially impaired from performing obligations under this Agreement by reason of changes in law or official governmental action by rule, order, regulation or otherwise. 4

Delaware Solid Waste Authority Discount Disposal Fee Agreement 10. This Agreement shall inure to the benefit of and be binding on Customer, its successors, assigns, parents, subsidiaries, affiliates, partners, joint venturers, divisions, contractors and sub- contractors, and all other entities, existing or newly formed, controlled directly or indirectly by Customer or its successors, assigns, parents, subsidiaries, affiliates, partners, joint venturers, divisions, and all other entities, existing or newly formed, controlled directly or indirectly by them, through changes in ownership or status, by transfer of assets or otherwise, and which engage in the collection and/or transportation of solid waste and/or dry waste generated in the State of Delaware. 11. This Agreement shall be interpreted in accordance with the laws of the State of Delaware. Any lawsuit initiated with respect to this Agreement shall be filed in the State courts of the State of Delaware. 12. This Agreement represents the entire understanding of the parties. This Agreement shall not be amended without the written consent of both parties. If Customer has entered a separate Differential Disposal Fee Agreement with the Authority which is in effect at the time of execution of this Agreement, such prior Agreement shall remain in effect until its expiration date. IN WITNESS WHEREOF, the Authority and Customer have entered this Agreement. DELAWARE SOLID WASTE AUTHORITY MUNICIPAL CUSTOMER By:_______________________________ By:_______________________________ (Signature) (Signature) By:_______________________________ By:_______________________________ (Please Print Name) (Please Print Name) Witness:___________________________ Witness:___________________________ DDF Agree-Option for Rebate or Discount.revised.6.10.10doc 5

EXHIBIT #2 Regular Council Meeting of 07/26/2010 AGREEMENT FOR THE MANAGEMENT OF RECYCLABLE MATERIALS COLLECTED THROUGH MUNICIPAL PROGRAMS NOW COMES, the Delaware Solid Waste Authority, (“Authority”), a body politic and corporate constituting a public instrumentality of the State of Delaware, and City of Dover, Delaware (“Municipality”), a public body of the State of Delaware. WHEREAS, the Authority is authorized to enter into agreements with municipalities, Counties and State agencies to provide solid waste management services; and WHEREAS, the Authority has established a program for accepting, handling and marketing single stream source separated recyclable materials throughout the State of Delaware; and WHEREAS, Municipality has established a program for curbside collection and transportation of single stream source separated recyclable materials; and WHEREAS, the markets for recyclable materials is at times volatile and some or all of such materials can have negative value and involve a cost to have the materials property recycled; and WHEREAS, there are occasions when the cost of handling, transporting, managing and marketing recyclable materials exceeds the value of such materials; and WHEREAS, the Authority has designated facilities which are capable of accepting recyclable materials throughout the State; and WHEREAS, the Authority as a means of supporting local recycling programs is willing to bear the market risk of accepting recyclables at Authority designated facilities at no cost to those municipalities, Counties and State agencies that conduct curbside or facility single stream source separated recycling programs. NOW THEREFORE, based on the promises set forth herein and other good and valuable consideration, Authority and Municipality agree as follows: 1. The Authority shall accept from Municipality at no cost to Municipality all single stream source separated recyclables that are delivered by Municipality to designated Authority facilities. The recyclables delivered by Municipality shall be collected through Municipality’s duly established and operated curbside or facility recycling program. 2. The single stream source separated recyclables accepted by Authority shall be limited to paper materials (such as newspapers, magazines, catalogs, telephone books, soft cover books, junk mail, paper board and cardboard), narrow-neck plastic bottles, (such as milk jugs, bleach-detergent containers, shampoo bottles), plastic bags, glass bottles and jars, and metal containers (tin, steel and aluminum), and such other materials which are approved in writing by the Authority.

3. The Authority will not accept under this Agreement as recyclables any hazardous materials, household hazardous wastes, oil, petroleum or grease wastes, chemical wastes, dry waste, construction and demolition wastes, food wastes, yard wastes, oil filters, batteries, tires, appliances, electronic goods, toxic wastes or other materials which are not compatible with the processing and marketing of single stream source separated recyclable materials. 4. The Authority reserves the right to reject deliveries of materials from municipalities which contain unacceptable materials. A delivery will be subject to rejection if it contains more than five (5) percent by volume of unacceptable materials as determined through inspection by the Authority. Any materials which are rejected by the Authority shall be properly disposed by the Municipality at the sole expense of the Municipality. 5. The Authority shall assure that all acceptable recyclables delivered by Municipality are directed to facilities which are properly permitted to process recyclables. The Authority shall be exclusively entitled to sell the recyclables received and receive all income derived from the sale of the recyclables. 6. Municipality shall be entitled to contract with any hauler that provides collection and/or transportation services for the recyclables collected under Municipality’s program. Municipality shall inform any such contractor of the requirements of this Agreement. 7. Municipality shall comply with the Authority regulations and guidelines and all laws, regulations and ordinances during the term of this Agreement. 8. Municipality shall deliver or cause to be delivered to the designated Authority facilities all the acceptable recyclable materials collected under Municipality’s program during the term of this Agreement. This Agreement shall expire on June 30, 2016. IN WITNESS WHEREOF, the parties hereto, intending to be bound, have executed this Agreement on this ________________ day of ____________, 2010. WITNESS: DELAWARE SOLID WASTE AUTHORITY ______________________________ _____________________________________ WITNESS: (MUNICIPALITY) ______________________________ ______________________________________ F:\FMP\!DSWA\2010\Agreement of Recyclable Materials Municipal Programs.doc