COUNCIL Minutes

REGULAR COUNCIL MEETING The Regular Council Meeting was held on August 9, 2010 at 7:30 p.m. with Council President Hogan presiding. Council members present were Mr. Bonar, Mr. McGlumphy, Mr. Leary, Mr. McGiffin, Mrs. Williams, and Mr. Salters. Mrs. Russell and Mr. Ruane were absent. Council staff members present were Major Bernat, 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 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. Long Vu, 154 Lotus Street, relayed concerns regarding his recent utility bill and questioned what actions are being taken by the City to assist the elderly, low-income individuals, and others struggling in the current difficult economic times. He stated that the City instituted rate increases too quickly to allow time for residents to prepare. The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Mr. Leary requested the deletion of Item #8 - IBEW Contract Settlement. Mr. Leary moved for approval of the agenda as amended, seconded by Mr. Bonar and unanimously carried. Mr. Bonar moved for approval of the consent agenda as presented, seconded by Mrs. Williams and carried by a unanimous roll call vote (Mrs. Russell and Mr. Ruane absent). ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 26, 2010 The Minutes of the Regular Council Meeting of July 26, 2010 were unanimously approved by motion of Mr. Bonar, seconded by Mrs. Williams and bore the written approval of Mayor Carey. PRESENTATIONS - DOVER HUMAN RELATIONS COMMISSION MEMBERS Mayor Carey presented Dr. Samuel Hoff and Mr. Gregory Bunkley with a Dover Cup in recognition of their many years of service on the Dover Human Relations Commission. He noted the numerous accomplishments of the Commission during their service and relayed appreciation for their dedication to the betterment of the community.

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 2 PUBLIC HEARING/ADOPTION OF PROPOSED RESOLUTION NO. 2010-07 - APPROVING ALLEY AND STREET ABANDONMENT - 100 BLOCK OF NORTH GOVERNORS AVENUE ALLEY WEST, THE SOUTHERN PORTION OF THE 200 BLOCK OF NORTH GOVERNORS AVENUE ALLEY EAST, A PORTION OF THE UNIT BLOCK OF NORTH BRADFORD STREET, THE UNIT BLOCK OF FULTON STREET, A PORTION OF THE UNIT BLOCK OF CECIL STREET, A PORTION OF THE 200 BLOCK OF NORTH BRADFORD STREET, AND THE NORTHERN PORTION OF THE UNIT BLOCK OF NORTH STATE STREET ALLEY WEST - WESLEY COLLEGE A public hearing was duly advertised for this time and place to consider a request from Wesley College to abandon portions of alleys and streets located on the 100 block of North Governors Avenue Alley West, the southern portion of the 200 block of North Governors Avenue Alley East, a portion of the unit block of North Bradford Street, the unit block of Fulton Street, a portion of the unit block of Cecil Street, a portion of the 200 block of North Bradford Street, and the northern portion of the unit block of North State Street Alley West. Mrs. Ann Marie Townshend, Director of Planning and Community Development, reviewed the petition for the street and alley abandonments. She reminded members that the Planning Commission reviewed the request during their meeting of April 19, 2010 and recommended approval of the street and alley abandonments, as requested by Wesley College; however, she noted that the Planning Commission=s motion did not reference the conditions recommended by Planning staff, and she requested that these conditions be addressed by the Utility Committee during their meeting of May 24, 2010. During the Utility Committee Meeting of May 24, 2010, members recommended that the request be postponed to allow the Planning staff to notify all property owners within 200 feet and that the item be reconsidered by the Committee during their meeting of June 28, 2010. Mrs. Townshend stated that the Utility Committee held a public hearing during their meeting of June 28, 2010, after which members recommended approval of the request for alley and street abandonments, on the conditions that public access easements for Fulton and Cecil Streets be included as part of the Plan; that public access easements be provided through the campus along Fulton and Cecil Streets; and that the following Development Advisory Committee (DAC) comments generated by this process be included as part of the Plan, as follows: 1) Timing of the abandonment - Staff recommends that abandonment be timed such that the City maintain ownership and maintenance of the subject streets and alleys until such time that they are physically altered by construction in accordance with a site plan approved by the Planning Commission. 2) Utility Easements - All public electric, water, wastewater, and storm sewer infrastructure must be located within permanent utility easements in accordance with the recommendations set forth in the Public Utilities comments from the DAC report dated April 1, 2010.

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 3 3) Parking – All on-street parking displaced by the abandonment must be replaced in kind (in addition to any additional off-street parking required in accordance with site plan application submissions) prior to removal of on- street parking in the areas proposed for abandonment. 4) DAC Comments - Planning Office Advisory Comments 1-4 from Page 6 of the Report (prepared for May 24th meeting) and the attached agency comments from the Department of Public Utilities, Delaware Department of Transportation (DelDOT), Kent Conservation District, and the Fire Marshal=s 5) All specific conditions developed by the Utility Committee as a request of public testimony and/or their deliberations must be added. Mrs. Townshend stated that the Committee=s recommendation was forwarded to City Council and, during their Regular Meeting of July 12, 2010, Council adopted Resolution #2010-05 setting a public hearing for this time and place to consider the request. There being no objections, Mr. Gregg Moore of Becker Morgan Group, representing Wesley College, advised members that the Wesley College Master Plan resulted in three (3) key recommendations: 1) the creation of a more pedestrian-oriented campus; 2) the provision of a more aesthetically pleasing "green" campus with better delineation of the separation of the campus from the neighborhood; and 3) the creation of a student center and athletic performance hall. He advised members that the design of the Master Plan was accomplished with the assistance of some of the neighbors of Wesley College, along with business leaders, and that Wesley College worked with the City through this process. He assured members that, in addition to providing outreach to the neighbors, Wesley College held several community meetings. From these meetings, Wesley became aware of five (5) concerns and addressed them as follows: 1) Parking - Mr. Moore stated that Wesley is committed to increasing the availability of parking and that plans will be presented to the City before any parking is eliminated. 2) Pedestrians - Mr. Moore stated that walking paths will be created and the public will be permitted to use these paths to walk or bicycle through the campus. 3) Safety - Mr. Moore stated that the elimination of vehicles, parking, and traffic will result in improved safety. 4) Delaware Avenue Intersection - Mr. Moore noted that the intersection is skewed and closing the involved portion of Fulton Street will improve this situation.

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 4 5) Phasing of Plan - Mr. Moore indicated that Wesley has agreed to conduct the physical improvements in phases to lessen the impact on neighbors, and stated that the plans would be presented to the City for review prior to implementation. Referring to the recommendation of the Utility Committee that the timing of street and alley abandonments be coordinated with Planning Commission approval of the site plan, Mr. Moore noted that the College would like to proceed with some of the alley abandonments that would not impede traffic, in order to move forward with plans for new buildings. He explained that Wesley College must seek funding for some of the improvements and will be required to demonstrate ownership or future ownership of the properties involved. However, he assured members that Wesley has agreed not to make physical changes to any areas until Planning Commission approval is obtained. Council President Hogan noted the receipt of correspondence from Mr. Glenn Mandalas (Exhibit #1) and not included in their packet (City Clerk=s Office Note: Members were provided with correspondence received regarding this matter as a part of the packet.) Council President Hogan declared the public hearing open. Mrs. Sara Herbert, 223 N. Bradford Street, referred to the public hearing held by the Utility Committee and noted that the Committee did an excellent job of balancing the pros and cons of the project. She felt that the Committee demonstrated wisdom and sensitivity in their recommendation. Mrs. Herbert advised members that she and her husband, Bob, support Wesley=s proposed Master Plan and felt that it would bring safety, beauty, and an increase in neighborhood property values, as well as financial returns to the City. She noted that this is just the beginning of the public process and that more opportunities will be provided for public input. Mrs. Herbert urged members to approve the College=s request and allow the public process to move forward. Mr. Michael Maciarello, 11 Cecil Street, agreed that the project will benefit Wesley College; however, he felt that it is unfair that the process places the burden on the community to demonstrate why Wesley College should not be permitted to close public streets. He stated that very few people are aware of the proposal, noting that residents of American Avenue were not notified. Mr. Maciarello felt that there was a procedural error, noting that there was no public notice prior to the initial presentations to the Planning Commission and Utility Committee, and stated that the request should be rejected on this basis. He stated that, as enrollment has increased for Wesley College, so have problems with trash, noise, parking, drugs, and public profanity. Mr. Maciarello=s opposition to the abandonment request was based on the following: 1) safety - he noted that when students are not present, the areas around Fulton and Cecil Streets are quiet and relatively deserted. It was his feeling that through traffic gives pedestrians security. Mr. Maciarello stated that closure of these streets would serve as a "pass" for anyone with malicious intent, noting a recent assault that occurred on the Wesley Campus; 2) parking - he indicated that there are a total of 195 public parking spaces on the streets included in the

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 5 abandonment request. Mr. Maciarello requested identification of the replacement parking spaces and felt that creation of these spaces would result in the loss of "green space." He felt that public parking spaces would be transferred to Wesley College parking spots and felt that the suggestion that the community resolve this issue by paving backyards was "outrageous" and would result in additional loss of "green space." Mr. Maciarello requested that members consider whether it would be good for the City of Dover if Wesley College occupied several contiguous blocks and stated that he does not personally feel that this would be beneficial. He estimated that the value of the properties involved in the abandonment request is $5M and questioned why members of Council would consider providing such a donation to a private, religiously affiliated institution while, at the same time, instituting a property tax increase to residents. Mr. Maciarello introduced a petition from City residents indicating their opposition to the street closures (Exhibit #2). Ms. Susan Yost, 11 Cecil Street, relayed her opposition to the closure of the streets and her agreement with the comments made by Mr. Maciarello. She expressed grave concerns regarding the loss of public parking spaces, noting that the replacement parking spaces proposed by Wesley College are not public parking spaces but will specifically serve Wesley College. Mrs. Yost noted that the request involves the loss of City property, important connecting streets, the ability of school children to walk to school, etc. She also relayed her disappointment in the process for considering the abandonment request, noting that public notice was issued only to those property owners within 200 feet of the requested abandonments. She explained that all residents of Dover will be affected by the closures and should have been notified of the proposal. It was her opinion that an assessment of public opinion during the Utility Committee public hearing was unfair, as supporters of the proposal were asked to stand at that time. Mrs. Yost noted that many of these supporters were Wesley College faculty and staff, many of whom were not City of Dover residents. She felt this was an inaccurate representation of the feelings of residents and encouraged members to consider the petition provided by Mr. Maciarello. It was her feeling that an outside, impartial review of the plan should be conducted and she questioned if an impact study had been performed. Ms. Yost felt that the closure of the streets would be detrimental to the community, as well as to Wesley College. Ms. Susan Salkin, 15 Maple Lane, spoke on behalf of Senator Brian Bushweller and relayed his regrets for being unable to attend the meeting to address members in person. She read a letter from Senator Bushweller into the record (Exhibit #3). Mr. Allen Kovitz, President of the Greater Dover Committee, stated that the Committee, after investigation and study of the proposal, unanimously agreed to support the abandonment request. Mr. Mike Drass, Football Coach and Athletic Director at Wesley College, addressed members on behalf of the College athletic staff. He noted that 15 of the 18 staff members, including himself, are residents of the City of Dover. Mr. Drass explained the competitive nature of athletic recruitment and felt the proposed aesthetic improvements would enhance Wesley=s ability to attract college athletes.

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 6 Mr. Gary Patterson, 41 Park Drive, former President of the Downtown Dover Partnership, relayed the Partnership=s support of the proposed abandonment request. He stated that Wesley College is part of Downtown Dover=s future and that he supports the need to make the campus more attractive and bring it closer to the downtown area. Mr. Charles Salkin, 15 Maple Lane, stated that most of his opinions were relayed during the Utility Committee meeting when he noticed the majority of those who spoke in favor of the project were his friends and neighbors in Dover. He noted that Wesley College is a very important institution for Dover that has grown throughout the years and, unfortunately, this has brought more vehicles, traffic, and unsafe conditions. Mr. Salkin felt the leadership of Wesley College was to be commended for taking a progressive approach in addressing these problems in a manner which would not only benefit campus life but also enhance the quality of life for the surrounding community. He advised members that, several months ago, he attended a meeting at Central Middle School to learn about the "Safe Route to School" Program, which was developed to encourage students and parents to walk or bike to school and other activities. Mr. Salkin stated that this program would be enhanced by Wesley=s important initiative. It was his hope that both these efforts would overlap and begin to expand throughout the community. He stated that the future of Wesley College and the City of Dover are closely interdependent and requested that members of Council enthusiastically support the College, which he felt would benefit everyone. Mr. Brad Eaby, Kent County Levy Court Commissioner for the Second District, stated that he supports the project and felt that it would be beneficial to the City of Dover, residents, and Wesley College. In an attempt to alleviate any problems, he offered to assist any resident who might have concerns regarding the project. Mr. Thomas Burns, 490 N. DuPont Highway, expressed his comments as a resident and a member of the Greater Dover Committee. He advised members of his involvement in the preparation of Master Plans for the medical community in the City of Dover. As a real estate broker, he stated that Dover has several "jewels," such as the historic area, the capital complex, and medical areas. He felt that Wesley College was one of the "jewels" and that the proposed project would put some polish on this "jewel." Understanding that all these segments must live in harmony with each other, he stated that good master planning can help accomplish this. He advised members that he serves as a Trustee for the University of Delaware and as the Chairman of the University Building and Grounds Committee and stated that the Committee is working with the City of Newark to redesign the pedestrian flow on campus. He stated that the City of Newark is overwhelmingly in favor of design work to enhance student safety, similar to Wesley College=s proposal. Mr. Allan Gaddis, 448 N. State Street, relayed his support for the proposal, as presented by Wesley College, and commended the flexibility shown by the College.

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 7 Mr. Tanner Polce, President of the Student Government Association at Wesley College, stated that he represents 1,500 students. As a student who lives on campus all year, it was his belief that Wesley is moving in a correct and positive direction. He felt that closing the alleys and streets to create a thoroughfare for pedestrian and bike traffic would increase aesthetic appeal to students. Mr. Polce noted that the beauty of the campus is often the first thing noticed by prospective students, followed by consideration of safety issues. He stated that the initiatives presented by Wesley College would address both of these issues and allow student life to flourish. Mr. Kevin Hansbury, 396 Paradee Drive, advised members that he serves as Director of Resident Life and Housing at Wesley College. He stated that Wesley College is anticipating 950 students living in residence halls for the 2010 academic year. Of those 950 students, 492 will reside on the north side of the campus near Cecil Street, and 458 will reside on the south side of the campus near Fulton Street. Mr. Hansbury explained that these students will cross campus a minimum of four (4) times each day, resulting in foot traffic of 3,800 trips per day just for residential students. It was his feeling that the proposal would greatly increase the level of pedestrian safety for students, faculty, staff, and visitors and will allow for a much safer campus community. He noted that the added green space will beautify the campus and provide students much needed safe areas to congregate. Mr. Hansbury stated that this would increase student morale and overall satisfaction with the campus, which would allow Wesley to retain students. Mr. James Overton (resident of Smyrna, Delaware), Chief of Police for Delaware State University and a member of the Delaware College and University Public Safety Association, advised members that, as a member of the Association, he supports the project. He explained that anytime there is a reduction in the mixture of pedestrians and vehicles on campuses, the results are positive and he assured members that elimination and reduction of vehicles has been proven to increase safety. Ms. Amanda Kinkade, 120 N. State Street, stated that she serves as a Resident Director at Zimmerman Hall on the Wesley College Campus and that five (5) resident directors are on duty each night during the academic year. She stated that the directors= primary responsibility is to ensure the safety of students. Another key responsibility is to provide effective programming for all residents on campus. Ms. Kinkade felt that the pedestrian plan would improve both the safety of the students and the programming that can be offered. She advised members that resident directors are aware of happenings during the late evening/early morning hours on campus and, on several occasions, have witnessed speeding vehicles. Being on an "open" campus, resident directors constantly encounter individuals who are not students or neighbors and who do not belong on campus. Until the campus becomes more "green," she stated that trespassers will continue to be difficult to identify and hard to stop from coming onto campus, which compromises the safety of Wesley College students. By making the campus more friendly, the resident assistants will have the opportunity to provide more programming throughout campus. On behalf of the resident life staff, Ms. Kinkade requested that members consider approval of the plan, stating that it will leave a lasting, powerful, and positive mark, not only on campus but on

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 8 the City of Dover for many years to come. Ms. Cindy Small, 44 Wildswood Road, stated that those who have had the opportunity to work with Dr. William Johnston, President of Wesley College, and his wife, know that the Johnstons have contributed greatly to improving the City of Dover. She noted that Wesley College is the oldest private college in Delaware and that it is time for the Master Plan to come to fruition. It was her feeling that the closing of the streets would contribute to Dover being a walking community and would improve the appearance and quality of life for students and the community. Ms. Ann Baker-Horsey, 7 The Green, advised members that Wesley College has been a part of Dover since 1873 and has grown from a small prep school to the liberal arts institution it is today. She noted that Wesley=s website provides details regarding the relationship between the College and the City and shows how important the assets of Dover (such as its history, culture, downtown and surrounding residential areas, and proximity to large metropolitan areas and beaches) are to the College. She stated that the City, in turn, receives benefits from Wesley College, such as cultural activities, employment, and green space. Mrs. Baker-Horsey indicated that the College is part of the identity of the City and it generates revenue for merchants, increases property values, and creates opportunities for an enhanced public experience. She felt that Wesley College deserved to become a more community-oriented campus, which means that certain streets should be closed to through traffic. She noted that the educational institution, residents, and visitors would all benefit from a pedestrian safe environment and that this partnership would be strengthened as the City provides police, fire protection, and parking. She recommended the designation of street spaces for each resident adjacent to Wesley College which would prohibit student parking, noting that this is an established practice followed by other university and college campuses. Mrs. Baker-Horsey stated that taking the concerns of residents into consideration as full partners is paramount to allowing this symbiosis to happen for the benefit of all. She suggested that all take this opportunity to strengthen this special relationship and support the extremely talented, caring, and visionary college president. Ms. Baker-Horsey felt that both Dover and Wesley College could grow wisely together by reinforcing the connections that benefit both. Mr. Joseph McDaniel, 54 The Green (owner of property on Bank Lane), spoke in favor of the request of Wesley College. As Board President of the Elizabeth Murphey School, he stated that the School owns 14 acres located east of Wesley College and he urged members to approve the plan presented by Wesley College. Ms. Arden Bardol, 47 Rodney Road, advised members that she resides on the north side of the campus and must travel to the south side to get to work. It has been her experience that the intersection at Fulton Street is extremely dangerous and she deliberately avoids the intersection. Ms. Bardol felt that allowing pedestrian and bicycle traffic on the campus was important. Although she respects and appreciates the concerns expressed regarding parking, she felt that there were alternatives available to resolve this issue, such as Mrs. Baker-Horsey=s suggestion to

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 9 designate parking for residents. She requested members to support Wesley College=s proposal. Ms. Ashleigh Maser, 108 Katrina Lane, stated that she is a current resident of Wesley College, a Resident Assistant, and vice-president of her sorority. In these leadership roles, she stated that she has tried to participate in activities with her students; however, on many occasions, has encountered space limitations. She felt that closing the streets and providing more green areas would enhance these activities. Ms. Maser indicated that she has observed vehicles racing through the streets in the area and advised members that a student was recently killed by a vehicle in Dover. Although this occurred outside the target area, she felt assured that the closures would increase safety for the school and provide improvements to the campus. Dr. William Johnston, President of Wesley College, assured members that he believes the Master Plan and project presented would serve to better the community. Mr. Gerald Street, 39 Hazel Road, indicated concurrence with previous statements regarding the intersection at Fulton Street being hazardous and stated that he avoids the intersection for this reason. He stated that, as a member of the Downtown Dover Partnership (previously the Downtown Dover Development Corporation) for over 20 years, during the past two (2) years, he has had the opportunity to work with Dr. Johnston and has been impressed with Dr. Johnston=s sincerity in trying to accommodate different views and opinions. He felt that Dr. Johnston genuinely reaches out to try to resolve problems. If the request is approved, he felt assured that Dr. Johnston would work hard to attain a "win-win" situation and avoid controversy or disappointment. With regards to the notion of retrenchment, Mr. Street noted that there are many projects that are "in the works" in and around Dover with many "players" involved in the process and, he noted that, until two (2) years ago, one (1) of these major players, Wesley College was not participating. He stated that Wesley College now has several major projects and he encouraged members to support and approve the College=s request. Ms. Judy Diogo, speaking on behalf of the Central Delaware Chamber of Commerce (CDCC), 435 N. DuPont Highway, indicated support for the request of Wesley College, stating that the proposed closures would improve the quality of life and make the area safer for students and residents in the area. Referring to the letter submitted by Senator Bushweller, she noted the positive impact the proposal would have on economic development. Ms. Diogo reminded members that, as a part of the CDCC economic development strategy, central Delaware is promoted as an educational hub, with Wesley being one of the institutions in the hub. She urged members to approve the request submitted by Wesley College. Mr. David Anderson, 217 Cecil Street, noted his close proximity to the project and questioned if the plan included the relocation of the Campus Community Charter School. Responding, Council President Hogan indicated that the proposal includes the relocation of the Charter School. Although, Mr. Anderson felt that there were benefits to the proposal, he questioned if the entire area would be better served as a walking area only (considering the location of residential dorms on the North Governors Avenue side between Bradford Street and North

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 10 Governors Avenue), with Bradford remaining an open street. He reminded members that the traffic currently using these streets will be utilizing other surrounding streets and questioned if a traffic study had been completed. Mr. Anderson suggested that additional information be provided and studies be accomplished before the proposed request is approved in its final form. He felt that crossing guards should be used for children going to Central Middle School, which occurs on a daily basis. There being no one else wishing to speak, Council President Hogan declared the public hearing closed. Mr. Leary advised members that he is an alumnus of Wesley College and serves as a member of the Alumni Association, which is a social organization. In discussing this matter with the City Solicitor, he was assured that he is not required to recuse himself from voting on this matter. Similarly, Mr. McGiffin advised members that, for several years, he has served on the Wesley College Legal Studies Advisory Committee, which is a volunteer group that advises the Director of the Legal Studies Program on various issues related to the operation of the program. He noted that, as the President of the Delaware Friends of Folk, he holds concerts almost every month in a Wesley College facility. Mr. McGiffin did not feel that these associations required him to recuse himself from voting on this matter. In the interest of full disclosure, Mr. Bonar advised members that his wife works for Wesley College; however, he did not feel that his wife=s employment prevented him from voting on this matter. Mr. Bonar moved for adoption of Resolution #2010-07, vacating and abandoning the alleys and streets surrounding Wesley College, seconded by Mr. Leary. Responding to Mr. McGiffin, Mrs. Townshend stated that the Resolution did not include the conditions that were recommended by the Utility Committee during their meeting of June 28, 2010.

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 11 Mr. McGiffin moved to amend the motion to include the conditions as recommended by the Utility Committee during their meeting of June 28, 2010. (City Clerk=s Office Note: Committee=s recommendation was approved by City Council during their Regular Meeting of July 12, 2010.) The motion was seconded by Mr. Bonar and carried by unanimous roll call vote. The motion for adoption of the proposed Resolution #2010-07, vacating and abandoning the alleys and streets on the condition that the Wesley College Plan include the replacement of existing parking and an increase in total parking, that the utility easements remain in effect, that public access easements for Fulton and Cecil Streets be part of the plan, that the timing of the street and alley closures be coordinated with the site plan approval, and that the aforementioned DAC comments generated by this process and those included in the DAC Application Review Commentary (see Exhibit #9 to the July 12, 2010 Council Minutes) are included as part of the plan, and that public access easements be provided through the campus along Fulton and Cecil Streets, was carried by a unanimous roll call vote (Mrs. Russell and Mr. Ruane absent) and Council adopted Resolution #2010-07, as follows: A RESOLUTION VACATING AND ABANDONING CERTAIN ALLEYS AND STREETS SITUATED IN THE CITY OF DOVER. BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: Section 1. The Council of the City of Dover hereby vacates and abandons the following streets and alleys: Area #1 The 100 block of North Governors Avenue Alley West, being all that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, being an improved public alley running north to south between Cecil Street and Fulton Street, lying on the westerly side of and running parallel to North Governors Avenue, said alley being 10 feet wide and approximately 341 feet in length and comprised of 3,410 square feet, more or less. Area #2 The southern portion of the 200 block of North Governors Avenue Alley East, being all that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, being an unimproved public alley running north to south, said portion of alley located between Mary Street and Cecil Street but not adjacent to and lying on the easterly side of and running parallel to North Governors Avenue, unimproved alley being a varying width (10-15 feet) and approximately 100 feet in length, comprised of 3,410 square feet, more or less. The portion of the alley is located approximately 173 feet east of the center of Governors Avenue and 302.6 feet south of the southerly right of way line of Mary Street to the point of beginning, thence extending approximately 100 feet in a southerly direction and terminating at lands of Wesley College. Area #3 A portion of the unit block of North Bradford Street, being all that certain piece or parcel of land situated in the City of Dover, Kent County, State of

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 12 Delaware, said portion of street commencing at the southerly side of Fulton Street and running south toward Division Street but not adjacent to, being 60 feet wide and approximately 363 feet in length, comprised of approximately 21,600 square feet (0.496 acres). The portion of said street starting at the southern right of way of Fulton Street and extending approximately 363 feet in a southerly direction to the northerly right of way line of an unnamed alley. Area #4 The unit block of Fulton Street, being all that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, a public street running east to west between South Governors Avenue and North State Street and being 60 feet wide and approximately 680 feet in length, comprised of 40,800 square feet (0.936 acres) more or less. Area #5 A portion of the unit block of Cecil Street, being all that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, said portion of street commencing at the easterly side of South Governors Avenue and running east towards North State Street but stopping short of, being 60 feet wide and approximately 443 feet in length comprised of 26,580 square feet (0.61 acres) more or less. The portion of said street, starting at the easterly right of way line of North Governors Avenue extending 443 feet east to a point approximately 90' east of the easterly right of way line of North Bradford Street. Area #6 A portion of the 200 block of North Bradford Street, being all that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, said portion of street commencing at the northerly side of Cecil Street and running north toward Mary Street but stopping short of and being 60 feet wide and approximately 194 feet in length comprised of 11,650 square feet (0.267 acres) more or less. Area #7 The northern portion of the unit block of North State Street Alley West, being all that certain piece or parcel of land situated in the City of Dover, Kent County, State of Delaware, an improved public alley running north to south, said portion of alley being between Fulton Street and West Division Street but not adjacent to and lying on the westerly side of and running parallel to North State Street, being 17 feet wide improved alley and approximately 275 feet in length, comprised of 4,675 square feet, more or less. The portion of said alley being located approximately 221 feet west of the centerline of North State Street, starting at the southern right of way line of Fulton Street extending approximately 275 feet in a southerly direction to the northerly property line of lands now or formerly of Francis A. Stratford. Section 2. Since no person has been deprived of property by the vacating and abandoning of the aforesaid streets and alleys, no compensation is awarded.

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 13 Section 3. The City shall retain a utility easement for the entire length and width of the aforesaid streets and alleys and all costs of conveyance shall be borne by the property owners. Section 4. Approval of the request is based upon the conditions that public access easements for Fulton and Cecil Streets be included as part of the Plan; that public access easements be provided through the campus along Fulton and Cecil Streets; and that the following Development Advisory Committee (DAC) comments generated by this process be included as part of the Plan, as follows: 1) Timing of the abandonment - Staff recommends that abandonment be timed such that the City maintain ownership and maintenance of the subject streets and alleys until such time that they are physically altered by construction in accordance with a site plan approved by the Planning Commission. 2) Utility Easements - All public electric, water, wastewater, and storm sewer infrastructure must be located within permanent utility easements in accordance with the recommendations set forth in the Public Utilities comments from the DAC report dated April 1, 2010. 3) Parking – All on-street parking displaced by the abandonment must be replaced in kind (in addition to any additional off-street parking required in accordance with site plan application submissions) prior to removal of on- street parking in the areas proposed for abandonment. 4) DAC Comments - Planning Office Advisory Comments 1-4 from Page 6 of the Report (prepared for May 24th meeting) and the attached agency comments from the Department of Public Utilities, Delaware Department of Transportation (DelDOT), Kent Conservation District, and the Fire Marshal=s 5) All specific conditions developed by the Utility Committee as a request of public testimony and/or their deliberations must be added. Section 5. This resolution shall be effective upon the filing of a revised plot plan of the aforesaid streets and alleys. ADOPTED: AUGUST 9, 2010 There being no objections, Council President Hogan declared a brief recess. Meeting recessed at 8:37 P.M. and reconvened at 8:43 P.M.

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 14 PUBLIC HEARING/FINAL READING - PROPOSED ZONING TEXT AMENDMENTS A public hearing was duly advertised for this time and place to consider approval of proposed land and zoning text amendments, as follows: Proposed Ordinance #2010-18 - Appendix B - Zoning, Article 9 - Board of Adjustment Members were provided Ordinance #2010-18 which proposes to bring the City=s code provisions governing the Board of Adjustment into conformance with State statutes and case law. Mrs. Ann Marie Townshend, Planning and Community Development Director, reviewed the petition to amend the zoning ordinance text and advised members that the Planning Commission recommended approval of the proposed amendments. Mr. McGiffin moved that the Final Reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. Leary and unanimously carried. (The First Reading of the ordinance was accomplished during the Council Meeting of June 28, 2010.) Council President Hogan declared the hearing open. There being no one present wishing to speak during the public hearing, Council President Hogan declared the hearing closed. Mrs. Williams moved for adoption of the Proposed Ordinance, seconded by Mr. Salters, and by a unanimous roll call vote (Mrs. Russell and Mr. Ruane absent), Council adopted Ordinance #2010-18, as follows: BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: That Appendix B – Zoning, Article 9 – Board of Adjustment, be amended to read as follows: ARTICLE 9. BOARD OF ADJUSTMENT Section 1. Creation, appointment and organization. There shall be a board of adjustment pursuant to the provisions of chapter 3 of title 22, Municipalities, of the Delaware Code Annotated (22 Del. C. § 301 et seq.). Section 2. Powers and duties. The board of adjustment shall have the powers and duties as specified in Delaware Code Annotated (22 Del. C. § 301 et seq.) and as articulated below: 2.1 Variance. The board shall have the authority to authorize variances from provisions of the zoning ordinance that are not contrary to public interest where the board

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 15 determines that a literal interpretation of the zoning ordinance would result in undue hardship or exceptional practical difficulties to the applicant. In granting variances, the board shall determine that the spirit of the zoning ordinance is observed and substantial justice done. 2.11 Area Variance. A variance shall be considered an area variance if it relates to bulk standards, signage regulations, and other provisions of the zoning ordinance that address lot layout, buffers, and dimensions. In considering a request for an area variance, the board shall evaluate the following criteria and document them in their findings of fact: (a) the nature of the zone in which the property lies; (b) the character of the immediate vicinity and the contained uses therein; (c) whether, if the restriction upon the applicant=s property were removed, such removal would seriously affect neighboring properties and uses; and (d) whether, if the restriction is not removed, the restriction would create unnecessary hardship or exceptional practical difficulty for the owner in his efforts to make normal improvements in the character of that use of the property that is a permitted use under the provisions of the zoning ordinance. 2.12 Use Variance. A variance shall be considered a use variance if it would permit a use of the subject property that would otherwise not be permitted on the subject property. In considering a request for a use variance, the board shall determine that the following criteria exist and document them in their findings of fact: (a) That there are physical conditions applying to the land or building for which the variance is sought, which conditions are peculiar to such land or building, and have not resulted from any act of the applicant or any predecessor in title; and (b) That the aforesaid circumstances or conditions are such that the strict application of the provisions of this ordinance would deprive the applicant of all reasonable use of such land or building and the granting of the variance is necessary for the reasonable use of the land or building, and that the variance as granted by the board is the minimum variance that will accomplish this purpose; and (c) That the granting of the variance under such conditions as the board may deem necessary or desirable to apply thereto will be in harmony with the general purpose and intent of this ordinance, will not represent a radical departure therefrom, will not be injurious to the neighborhood, will not change the character thereof and will not be otherwise detrimental to the public welfare.

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 16 2.2 Appeal of administrative order, requirement, decision, or determination – The board shall have the authority to hear and decide appeals where it is alleged there is any order, requirement, decision or determination made by an administrative official in the enforcement of the zoning ordinance. Appeals to the board may be made by any person aggrieved or by any officer, department, board or bureau of the municipality affected by any decision of an administrative officer.

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 17 Section 3. Procedure. The powers and duties of the board of adjustment shall be exercised in accordance with the following procedure: 3.1 The board of adjustment shall not decide upon any appeal or variance without first holding a public hearing, notice of which hearing and of the substance of the appeal or application shall be given by publication in the official newspaper of the city at least ten days before the date of such hearing. In addition to such published notice, the board of adjustment shall cause notice to be given of the substance of every appeal for a variance, together with notice of the hearing thereon, by causing notices thereof to be mailed by postal card or other means at least ten days before the date of said hearing to the owners of all property abutting that held by the applicant in the immediate area (whether or not involved in such appeal) and all other owners within 200 feet, or such additional distance as the board of adjustment may deem advisable, from the exterior boundaries of the land involved in such appeal, as the names of said owners appear on the last completed assessment roll of the city. Any or all of the notices required by this section shall be issued by the office of the city planner on order of the board of adjustment or upon order of the chairperson of said board if the appeal is received when the board is not in session and the chairperson deems it necessary or desirable to expedite the public hearing on such appeal. Provided that due notice shall have been published as above provided and that there shall have been substantial compliance with the remaining provisions of the section, the failure to give notice in exact conformance herewith shall not be deemed to invalidate action taken by the board of adjustment in connection with the granting of any appeal or variance. 3.2 If the land involved in an appeal or application lies within 500 feet of the boundary of any other incorporated municipality, the city planner shall also transmit to the municipal clerk of such other municipality a copy of the official notice of the public hearing thereon not later than the day after such notice appears in the official newspaper of the city. 3.3 Unless work is commenced and diligently prosecuted within one year of the date of the granting of a variance, such variance shall become null and void. 3.4 All variance applications and appeals made to the board of adjustment shall be in writing, on forms prescribed by the board. All variance requests and appeals from an order, requirement, decision or determination made by an administrative official, board or agency of the city shall be accompanied by a fee as provided for in Appendix F--Fees and Fines. The board of adjustment may, in its discretion, return to the applicant part or all of the fee paid by him in the event that his appeal under section 2.2 Appeal of administrative order, requirement, decision, or determination hereof is partially or wholly successful. The fees filed in connection with applications under section 2.1 Variance shall not be

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 18 returnable, regardless of disposition of the case by the board.

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 19 3.5 Each variance application or appeal shall fully set forth the circumstances of the case. Every variance application or appeal shall refer to the specific provision of the ordinance involved, and shall exactly set forth, as the case may be, the interpretation that is claimed, the details of the variance that is applied for and the grounds on which it is claimed that the same should be granted. 3.6 Every decision of the board of adjustment shall be recorded in accordance with standard forms adopted by the board, and shall fully set forth the circumstances of the case and shall contain a full record of the findings on which the decision is based. Every decision of the board shall be filed by case number, together with all documents pertaining thereto. 3.7 All the provisions of this ordinance relating to the board of adjustment shall be strictly construed. The board, as a body of limited jurisdiction, shall act in full conformity with all provisions of law and of this ordinance and in strict compliance with all limitations contained therein; provided, however, that if the procedural requirements set forth in this ordinance have been substantially observed, no applicant or appellant shall be deprived of the right of application or appeal. 3.8 Whenever the board of adjustment denies an application for variance, such application for variance, or an application on the same property which is substantially similar, shall not be accepted for reconsideration by the board of adjustment sooner than one year from the date of denial. ADOPTED: AUGUST 9, 2010 Proposed Ordinance #2010-21 - Recreational and Open Space (ROS) Zone Map Amendments Members were provided with Proposed Ordinance #2010-21 that proposes to rezone certain properties to the Recreational and Open Space (ROS) Zone in conformance with the 2008 Comprehensive Plan, as required by Delaware Code. Mrs. Townshend, Planning and Community Development Director, reviewed the petition to amend the zoning ordinance text and packet material provided to members, which included a history of the ROS Zone. She advised members that the Planning Commission recommended approval of Ordinance #2010-12 and recommended approval of the rezonings as listed in the 2010 Comprehensive Rezoning: ROS Summary Table (Items #1-150), with the following exceptions withdrawn and excluded from the rezoning: #49 Maple Dale Country Club at 39 Maple Dale Road, #93 City of Dover property at 425 College Road, and #124 a portion of the Lands of Woodbrook Development LLC at 1052 South Governors Avenue. These three (3) properties (#49, #93, and #124) are recommended to remain as they are currently zoned. Mr. Leary moved that the Final Reading of the proposed zoning text amendment be acknowledged by title only, seconded by Mr. Bonar and unanimously carried. (The First

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 20 Reading of these ordinances was accomplished during the Council Meeting of June 28, 2010.) Council President Hogan declared the hearing open. Mr. Brad Eaby, 233 Pebble Valley Road, advised members that he was addressing members on behalf of the Fox Hall West Homeowners Association. He stated that the Association was concerned about two (2) parcels: one (1) of which is a public open space, owned by the City, and an adjacent parcel that is private open space, owned by the Association. He noted that several of the residents questioned what effect the proposal would have on the Associations use of these parcels, especially the existing stormwater pond and surrounding land. Responding, Mrs. Townshend stated that the proposed amendments would have no effect on the property owned by the Association since the area is already a stormwater management pond and is restricted by the site plan/subdivision deed. With regards to the property owned by the City, if it were to be developed as a park, the proposed amendments would set bulk standards in terms of the distance required for equipment from property lines. There being no one else present wishing to speak, Council President Hogan declared the hearing closed. Mr. Leary moved for adoption of the Proposed Ordinance, thereby adopting the Planning Commission reports and all of its amendments. The motion was seconded by Mrs. Williams and by a unanimous roll call vote (Mrs. Russell and Mr. Ruane absent), Council adopted Ordinance #2010-21, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING ZONING DESIGNATIONS OF CERTAIN PROPERTIES TO THE RECREATIONAL AND OPEN SPACE (ROS) ZONE IN ACCORDANCE WITH THE 2008 COMPREHENSIVE PLAN, AS AMENDED ON NOVEMBER 23, 2009. WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and WHEREAS, Delaware Code, Title 22, Chapter 3 Municipal Zoning Regulations, Section 303, Purpose of Regulations, states that zoning regulations shall be made in accordance with a Comprehensive Plan and designed to lessen congestion in the streets, to secure safety from fire, panic and other dangers, to provide health, general welfare, adequate light and air, to prevent the overcrowding of land, to avoid undue concentration of population, and to facilitate the adequate provision of transportation, water, sewage, schools, parks, and other public requirements; and WHEREAS, Delaware Code, Title 22, Chapter 7 Planning Commission, Section 702 (c) Comprehensive Development Plan, states that the Comprehensive Plan shall be the basis for the development of zoning regulations and that upon adoption of the Comprehensive Development

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 21 Plan, the official zoning map shall be amended to rezone all lands within the municipality in accordance with the uses of land provided for in the Comprehensive Development Plan; and WHEREAS, the City of Dover adopted the City of Dover 2008 Comprehensive Plan on February 9, 2009 and amended such on November 23, 2009; and WHEREAS, on June 14, 2010, Dover City Council adopted Ordinance #2010-12, amending Appendix B - Zoning to create the Recreational and Open Space (ROS) Zone. WHEREAS, the City of Dover has prepared a map for the Comprehensive Rezoning 2010: ROS Rezoning, showing recommendations to change zoning designations of specific properties to Recreational and Open Space (ROS) zone so that the City of Dover Zoning Map is in accordance with the adopted 2008 Comprehensive Plan, as amended on November 23, 2009. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover is amended by changing the zoning designations of specific properties to Recreational and Open Space (ROS) zone as depicted on the map entitled "City of Dover Comprehensive Rezoning 2010: ROS Rezoning" dated August 9, 2010. ADOPTED: AUGUST 9, 2010 UTILITY COMMITTEE REPORT - JULY 26, 2010 The Utility Committee met on July 26, 2010 with Councilman McGiffin presiding in the absence of Chairman Ruane. Review of New Utility Bill Format Mr. Anthony DePrima, City Manager, advised members that a new utility bill format was previously suggested by Councilman Slavin. He relayed appreciation to the all of the participants, including citizens and City of Dover employees, that have been working on this project. Mrs. Teresa Tieman, Senior City Administrator, introduced Mrs. Kathy Divver, Customer Service Manager, and Ms. Denise Roberson, Billing Supervisor. She advised members that the format of the existing utility bill has been in place since 1998 and that the format, with a few modifications, was the standard layout available in HTE (our billing software provider). Mrs. Tieman explained that over the years, staff has received feedback regarding the current bill. She stated that last year, the Customer Service Manager was charged with the goal of designing a new billing format that would incorporate the feedback. Mrs. Tieman indicated that the bill design process began with brainstorming sessions in customer

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 22 service and that, from these sessions, a draft billing format was developed. She noted that following the development of the draft bill, focus groups consisting of individuals from other divisions in the City were set up and that, in March 2010, a citizen=s focus group made up of five (5) volunteers reviewed the draft billing format and made suggestions for revisions. Mrs. Tieman stated that the revisions were then incorporated into a final format that was presented to the City Manager in April 2010. She stated that it was staff=s feeling that the final version of the new utility bill format addresses the concerns and feedback received from the focus groups. Mrs. Tieman noted that discontinuing the use of the preprinted forms will result in a cost savings and that the placement of the payment stub at the bottom of the bill will also be beneficial as we convert to a lock box for processing bill payments. Mrs. Tieman reviewed a presentation of the New Utility Bill Design (attachment to Committee minutes). Staff recommended adoption of the proposed design of the utility bill. Council President Hogan suggested that the due date be highlighted on the bill and, for clarification, that the "average cost" amount provided under the graph, include "per day". The Committee recommended approval of the updated design of the utility bill, as recommended by staff. During the Council meeting, Mrs. Tieman reviewed a presentation of the New Utility Bill Design (Exhibit #4). Mrs. Williams moved for approval of the Committee=s recommendation for approval of the updated design of the utility bill, seconded by Mr. Bonar and unanimously carried. Review of Utility Related CIP=s (Electric and Water/Wastewater) Members were provided a Project Tracking Report, as of May 31, 2010, for the Utility (Electric and Water/Wastewater) Related Capital Investment Plan (CIP). Mr. Anthony DePrima, City Manager, indicated that there were no major milestones met in this report. Responding to Council President Hogan, Mr. DePrima indicated that high temperatures cause the roads to expand and move resulting in water line breaks. He also advised members that residential transformers have expired as a result of the heat; however, he noted that these transformers have been used to their limit and are already in poor condition. Mr. DePrima assured members that these are typical issues as a result of the recent weather conditions. He reminded members that Units 1 and 2 are vintage and do not run often; however, due to the recent heat wave, these units have been used more than normal. Mr. DePrima stated that there was a tube rupture in a boiler at Unit 1, which caused the unit to be inoperable for approximately one (1) month and has been a major issue, costing an estimate of $400,000 for the repairs. The Committee recommended acceptance of the Utility Related CIP=s Report.

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 23 By consent agenda, Mr. Bonar moved for approval of the Committee=s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote (Mrs. Russell and Mr. Ruane absent). Mr. Leary moved for acceptance of the Utility Committee Report, seconded by Mr. McGiffin and unanimously carried. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JULY 26, 2010 The Legislative, Finance, and Administration Committee met on July 26, 2010 with Chairman Leary presiding.

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 24 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. Utility Maintenance Mechanic I and II Mr. Anthony DePrima, City Manager, reviewed a request to recruit for a Utility Maintenance Mechanic I, created by a recent employee promotion, and a Utility Maintenance Mechanic II, created due to the retirement of an employee. He reminded members that a Utility Maintenance Mechanic I position was recently recruited in March 2010, and staff requested that the existing pool of applicants be utilized for this selection. In addition, should an existing employee be promoted, staff requested that this authorization also include back filling of any vacancies created. Additionally, Mr. DePrima reminded members that the Utility Maintenance Mechanic II position was recently recruited in March and May 2010, and staff requested that the existing pool of applicants be utilized for this selection as well. Responding to Mr. Salters, Mrs. Sharon Duca, Water/Wastewater Manager, indicated that there were approximately 60-70 applicants, approximately 15 of whom were qualified candidates. She stated that although those selected for an interview were not minorities, she is unable to determine if any of the other qualified candidates are minorities since staff is not provided this information as part of the interview selection process. The committee recommended that staff be granted permission to recruit for the Utility Maintenance Mechanic I and II positions, utilizing the existing pool of applicants, as requested by staff. By consent agenda, Mr. Bonar moved for approval of the Committee=s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote (Mrs. Russell and Mr. Ruane absent). Library Clerk I Mr. Anthony DePrima, City Manager, reviewed a request to recruit for a Library Clerk I created by an employee=s resignation. It was noted that this is a part-time, permanent position. Responding to Mr. Salters, Ms. Margery Cyr, Library Director, indicated that the position has not been advertised and that there is no pool of applicants for this position. She explained that, although it is a part-time position, there is a schedule for the employee and applicants are made aware that occasionally it is necessary to adjust the work schedule, depending upon the needs of the library. The Committee recommended that staff be granted permission to recruit for the Library Clerk I position, as requested by staff.

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 25 By consent agenda, Mr. Bonar moved for approval of the Committee=s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote (Mrs. Russell and Mr. Ruane absent).

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 26 Extension of Approval for Part-Time Account Clerk III Members were reminded that during their meeting of February 22, 2010, members recommended that staff be granted permission to recruit for the position of a temporary/part-time Account Clerk III to be filled through the Accountemps Agency for 22 weeks, beginning March 1, 2010 through July 31, 2010. This recommendation was approved by City Council during their Regular Meeting of March 8, 2010. Mrs. Donna Mitchell, Controller/Treasurer, reviewed the request for an extension of approval for the Part-Time Account Clerk III position in the Finance Department through September 30, 2010. She explained that the extension is being requested due to many changes including healthcare, union contracts, the start of the new Fiscal Year on July 1, 2010, etc., which have resulted in an increased workload for the Finance Department and the Payroll Office. The Committee recommended that staff be granted permission to extend the Part-Time Account Clerk III position in the Finance Department through September 30, 2010, as requested by staff. By consent agenda, Mr. Bonar moved for approval of the Committee=s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote (Mrs. Russell and Mr. Ruane absent). Procedure to Fill a Vacant or New Position Members were provided with the City of Dover=s procedure for filling new and vacant positions, which is used in assisting departments who are unfamiliar with the City of Dover recruiting process. In addition, members were provided with correspondence dated April 17, 2009 to Dr. Bobby Jones in reference to the City developing a relationship with historically black colleges and universities in the surrounding states. Mr. DePrima, City Manager, provided members with updated information regarding job posting information (attachment to Committee minutes). In response to concerns of members, Mr. DePrima indicated that some department heads have utilized old recruitment forms; however, he assured members that the job posting ads are placed with those listed on the job posting information sheet provided to members. In an effort to improve the City=s minority recruitment, Mr. DePrima stated that, in addition to the posting of ads, vacancy notices are sent to those listed as "Out-of-House Postings." He advised members that this list is periodically updated. Responding to Mr. Salters, Ms. Elaine Edwards, Human Resources and Safety Coordinator, advised members that currently, staff does not inquire as to how an applicant is made aware of a position; however, she suggested that this could be incorporated on the application to make this determination. The Committee recommended acceptance of the procedure to fill vacant and new positions.

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 27 By consent agenda, Mr. Bonar moved for approval of the Committee=s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote (Mrs. Russell and Mr. Ruane absent). Proposed Ordinance #2010-23 - Related to Requirement to Step Down When Running for Other Office During the Regular Council Meeting of July 12, 2010, members accepted the Legislative, Finance, and Administration Committee=s recommendation to remove the requirement to resign from all memberships prior to running for other offices and directed staff to prepare the appropriate proposed ordinances to eliminate the resignation requirement. As a result, staff prepared proposed Ordinance #2010-23 that would remove the requirement to step down from the Ethics Commission, Dover Human Relations Commission, and City Council when running for other office. Council President Hogan relayed objections with eliminating the resignation requirements for City Council, as specified in Lines 44-48. The Committee recommended adoption of proposed Ordinance #2010-23, as presented by staff (attachment to Committee minutes). By consent agenda, Mr. Bonar moved for approval of the Committee=s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote (Mrs. Russell and Mr. Ruane absent). (The First Reading of the ordinance will take place during the latter part of the meeting.) Discussion - Public Indecency Ordinance (Sponsors: Salters, Bonar, and Russell) At the request of Mr. Salters, the City Clerk=s Office conducted research regarding the wearing of pants below the waist in public, which was provided to members. Mr. Salters suggested that the City consider a public indecency ordinance that would ensure decency in public dress. He advised members of a recent occurrence of public indecency at the Dover Post Office which was offensive to him and other patrons. In addition, he reminded members that Mr. Eshed Alston recently provided members with several proposed ordinances and reviewed a proposed public indecency ordinance during the Open Forum Segment of their Regular Meeting of July 12, 2010. He requested that members support the development of a Public Indecency Ordinance. Mr. Leary noted the receipt of a legal opinion provided by City Solicitor Rodriguez, dated July 23, 2010 (attachment to Committee minutes), which indicated that this matter is a highly controversial regulation and raises severe questions of constitutional rights violations. As a result, he noted that the City Solicitor has requested the opportunity to conduct extensive research on the project prior to the development of a specific ordinance.

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 28 Dr. Jones suggested that, as members consider this matter, indecent exposure should be better defined, explaining that in addition to buttock cleavage, it was her opinion that breast cleavage is also indecent exposure. Mr. McGiffin advised members that there is State Law that addresses the issue of indecency, noting that the area has been legislated. However, he concurred with the City Solicitor regarding the need to conduct extensive research to avoid the passage of an ordinance that does not pass "constitutional muster." As an alternative, Council President Hogan suggested the possibility of requiring a dress code for City Hall similar to that which has been established by the Courts. The Committee recommended that this matter be referred to the City Solicitor for further study and report back to the Committee. By consent agenda, Mr. Bonar moved for approval of the Committee=s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote (Mrs. Russell and Mr. Ruane absent). Title V Grant Application - Growing Up and Meeting Each Success (GAMES) Partnership with Aid in Dover Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members that Aid in Dover had submitted a concept paper for a three (3) year grant through the Criminal Justice Council for delinquency prevention. She stated that Aid in Dover was selected to submit a formal application in conjunction with the City of Dover for the funding. The proposal is for an after school program called GAMES (Growing Up and Meeting Each Success) that will help participants aged 10-18 years develop soft skills for life=s challenges. The program will meet twice weekly, and instruction will include anti-bullying, common courtesy and etiquette, conflict resolution, time management, self-image repair, and community service. Mrs. Townshend indicated that the City=s Youth Advisory Committee will supervise the program. Members were provided with the grant application. The grant award is $32,000, with a proposed $21,339 match through in-kind services. Mrs. Townshend indicated that members should make a recommendation to Council regarding acceptance of the grant as the municipal sponsor in partnership with Aid in Dover. Responding to Mr. Leary, Mrs. Townshend, explained that the City=s Grant Procedure requires a department grant application analysis to be completed. Due to the timing of the grant (receipt of materials and application deadline with the Criminal Justice Council), she advised members that the procedure was not completely followed. Mr. McGiffin relayed concerns with the Director of Planning and Community Development being held responsible as the administrator for the grant, considering the other goals and responsibilities of this position. He also felt that the grant is not relative to Planning or Community Development. Responding, Mrs. Townshend explained that the previous

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 29 administrator for this grant was the Weed and Seed Coordinator and when this employee left there was no other employee to whom the grant could be assigned. She requested that the Police Department assume the responsibilities; however, they indicated that they do not have the capacity to do so at this time. Mr. McGiffin felt that the grant administrator should be an employee of the Police Department or Parks and Recreation Department. He also noted that there is no record that the Youth Advisory Committee has agreed to supervise the program. The Committee recommended that the grant request be deferred until properly prepared and concerns of the Committee have been resolved. By consent agenda, Mr. Bonar moved for approval of the Committee=s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote (Mrs. Russell and Mr. Ruane absent). Results of Workers= Compensation Fund Actuarial Review Mrs. Donna Mitchell, Controller/Treasurer, reminded members that the City of Dover is self- insured for Workers= Compensation and has established a separate fund to account for these activities. The City recently engaged AMI Risk Consultants, Inc. to perform the following functions for its self-insured workers= compensation fund: • Estimate the funding requirements as of December 31, 2009 to comply with the Government Accounting Standards Board Statement Number 10 (GASB 10). Results – Estimated $1,487,000 • Project the funding requirement as of December 31, 2010 in accordance with GASB 10. Results – Estimated $1,448,000 • Estimate the ultimate losses for new claims occurring during prospective fiscal accident year 2010 – 2011. (Please note – For cash flow purposes, payments are made for old and new claims; these are new claims only) Results – Estimated $639,000 • Review current workers= compensation rates and provide recommended changes. Result – Revised rates are being analyzed to determine the impact on the FY12 budget Mrs. Mitchell advised members that the funding requirements include liabilities retained for claims, claim adjustments, incurred but not reported claims, credit for investment income, and contingencies for adverse results. The requirements do not include general and administrative expenses of the program. The actuarial study was conducted based on the Claims Administrator=s records of past claims experience, open claims, and payroll information provided by the Finance Department. Mrs. Mitchell stated that the City has budgeted $450,000 (cash payments) for claims in FY11 and has a projected Budget Balance of $1,424,790. The current funding level is in line with the study and no action is required. Should action be required as a result of claims exceeding the

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 30 City=s projections, she indicated that staff would submit the adjustments in the FY12 Budget. Staff recommended acceptance of Actuarial Study. The Committee recommended acceptance of the Actuarial Study Report, as presented by staff.

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 31 By consent agenda, Mr. Bonar moved for approval of the Committee=s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote (Mrs. Russell and Mr. Ruane absent). OPEB Actuary Interim Update Mrs. Donna Mitchell, Controller/Treasurer, reviewed the Interim Year Government Accounting Standard Board (GASB) 45 Disclosures for Fiscal Year Ending June 30, 2010, which was provided to members. The Committee recommended acceptance of the Interim Year Government Accounting Standard Board (GASB) 45 Disclosures for Fiscal Year Ending June 30, 2010 as presented by staff. By consent agenda, Mr. Bonar moved for approval of the Committee=s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote (Mrs. Russell and Mr. Ruane absent). Health Care Reform - Summary of Changes Mrs. Donna Mitchell, Controller/Treasurer, reviewed the Health Care Reform Summary of Changes that affect employer group health plans. She advised members that the information is the result of her requesting the City=s Actuary to highlight the changes of the Federal Legislation for Healthcare and any impact it would have on the City of Dover as an employer. Mrs. Mitchell noted that the Dover Impact for the Re-Insurance Program indicates that Nyhart recommended that the City apply for the Re-Insurance Program, since the State of Delaware is applying for the Re-insurance Program. She assured members that the City will not have any involvement unless the City withdraws from the State Healthcare Insurance Program. Referring to Item #18, Excise Tax on Cadillac Plans, Mrs. Mitchell noted that the amount of $10,207 projected for single coverage for 2018 was calculated based on the 2009 premiums. She stated that she has since calculated this amount using the 2011 premiums, which would change the amount to $11,937. The Committee recommended acceptance of the Health Care Reform - Summary of Changes Report as presented by staff. By consent agenda, Mr. Bonar moved for approval of the Committee=s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote (Mrs. Russell and Mr. Ruane absent). By consent agenda, Mr. Bonar moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mrs. Williams and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 32 MONTHLY REPORTS - JUNE 2010 By motion of Mr. Bonar, seconded by Mrs. Williams, the following monthly reports were accepted by consent agenda: Chief of Police Report City Assessor Report City Manager's Report City Planner=s Report Dover Fire Department Report EVALUATION OF BIDS - SYSTEM CONTROL AND DATA ACQUISITION (SCADA) EQUIPMENT TECHNOLOGY UPGRADE Mr. Anthony DePrima, City Manager, reminded members that the purpose of the SCADA Equipment Technology Upgrade project is to replace antiquated and/or obsolete remote terminal units (RTUs) at sewage pumping stations. The SCADA system monitors the pumping stations and communicates with the System Operations center when station components fail or other abnormal issues are detected. The Public Utilities Department intends to purchase six (6) RTU units. Installation and associated work is to be performed under either the existing SCADA Maintenance Contract or by staff. There will be other expenses associated with the installations, such as the radio equipment and miscellaneous hardware. Mr. DePrima advised members that these RTU=s are the field components of the SCADA system, which is a proprietary system; therefore, staff is required to purchase the new RTU=s from the original equipment manufacturer (OEM), Siemens Energy, Inc. He noted that the sole vendor information has been provided to members. Staff recommended approval of the purchase of six (6) RTU units, four (4) for $7,415 and two (2) for $6,970, from the sole vendor, Siemens Energy, Inc., for a total amount of $43,600. Mr. McGiffin moved for approval of staff=s recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote (Mrs. Russell and Mr. Ruane absent). EVALUATION OF BIDS - LED STREET LIGHT CONVERSION Members were reminded that President Obama=s America Recovery and Reinvestment Act of 2009 (ARRA) was adopted by Congress on February 13, 2009. The Act allocated $3.2 billion to the Department of Energy (DOE) to fund energy efficiency and conservation initiatives. Mr. DePrima, City Manager, explained that the DOE created a formula grant program called the Energy Efficiency and Conservation Block Grant (EECBG), for projects that reduce total energy use and fossil fuel emissions, and improve energy efficiency. From this fund, he stated that the City of Dover received $180,400, which will be used to install a 10 kW photovoltaic system at McKee Run, replace motors in sewer pump stations and water wells, and install LED Street lights on roads within Dover. Since the proposal to DOE (which envisioned 71 lights), the cost of the LED lights has

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 33 decreased and it is the intent of the utility staff to purchase more lights than originally estimated, while staying under the funding sub-allocation. Mr. DePrima advised members that proposals were solicited and advertised according to City Policy and that 13 proposals were received. The proposals were evaluated based on RP-8 compliance, price, years of manufacture, driver life, LED life, power consumption, photo controller life, and the ability to meet specifications. The RP-8 compliance is related to the American National Standards Institute (ANSI) recommended practice for providing design basis for lighting roadways. He stated that this standard requires design criteria that thoroughly analyzes and illustrates the design process involving luminance of the roadway to ensure the safety of vehicular and pedestrian traffic. He noted that this requirement is paramount to the evaluation criteria and that there were seven (7) proposals that did not include this information, as required by the specifications, and, therefore, were deemed non-compliant and not evaluated. Staff recommended awarding a contract to LED Roadway Lighting for an amount not to exceed $70,087. Mr. Leary moved for approval of staff=s recommendation, seconded by Mr. McGiffin and carried by a unanimous roll call vote (Mrs. Russell and Mr. Ruane absent). EVALUATION OF BIDS - SANITARY SEWER MAIN RELINING (INFLOW AND INFILTRATION REMOVAL) Members were reminded that the Budget for Public Utilities - Wastewater Management includes the Inflow and Infiltration (I&I) Removal capital project to correct areas in the sanitary sewer collection system that are deteriorating and allowing groundwater to enter the sanitary sewer system through cracked pipes and/or through poorly sealed joints. Eliminating infiltration into the City=s sanitary sewer mains will result in reduced pumping and treatment costs. Issues identified within the wastewater system are to be addressed through the Inflow/Infiltration CIP. Mr. Anthony DePrima, City Manager, advised members that during FY 06, a Sanitary Sewer I&I Study was conducted which included the cleaning and video inspection of 18,243 l.f. of four (4) of the major sanitary sewer interceptors in the City. As a result of the study, 5,006 l.f. of various sized sanitary sewer mains were identified for relining and point repairs. The FY10 Budget included the I&I CIP to allow for the relining and/or repair of issues identified within portions of the study area. Sanitary sewer lines identified for relining in this project consist of 12 inch, 24 inch, 27 inch, and 30 inch diameter pipes. Staff recommended approval of the low bid submitted by Lanzo Lining Services, Inc. in the amount of $1,307,300 for the relining of the Division Street Interceptor and portions of the Northwest Interceptor. In addition, an amount not to exceed $492,700 would be allocated for additional relining projects. Responding to Mr. Leary, Mr. Jason Lyon, Civil Engineer, advised members that this project

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 34 will have a very minimal impact on the residents. Although the sewer main is located in the middle of the road, the project should not hinder traffic and residents would not have an interruption of service. In response to Mr. DePrima, Mr. Lyon indicated that it would be necessary to have some above- ground bypass lines and he assured members that it would be pumped out. Noting that there will be a savings for this particular project, Mr. DePrima stated that since this is a loan program, the loan should not be modified. He stated that staff may be submitting a request to expand the program to other areas in order to use the full loan amount in the near future. Mr. Leary moved for approval of staff=s recommendation to approve the low bid submitted by Lanzo Lining Services, Inc. in the amount of $1,307,300 for the relining of the Division Street Interceptor and portions of the Northwest Interceptor and an amount not to exceed $492,700 to be allocated for additional relining projects. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote (Mrs. Russell and Mr. Ruane absent). FIRST READING - PROPOSED ORDINANCE #2010-23 RELATED TO REQUIREMENT TO STEP DOWN WHEN RUNNING FOR OTHER OFFICE Council President Hogan reminded the public that copies of the proposed ordinance are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. Final action by Council on the proposed ordinance will take place during the Council Meeting of August 23, 2010. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Ordinance Amendment as read by the City Clerk, by title only, as follows: PROPOSED ORDINANCE #2010-23 RELATED TO REQUIREMENT TO STEP DOWN WHEN RUNNING FOR OTHER OFFICE Council Members Announcements Mr. McGiffin reminded members to mark their calendars for the next African American Festival, scheduled for June 25, 2011. Mr. Salters announced that Chaplain Dixon and his wife, Lily, will be celebrating their 47th wedding anniversary. Referring to the new Utility Bill format approved by Council, Mr. DePrima stated that staff welcomes additional suggestions and requested that the public contact staff in this regard. Mr. DePrima wished his mother a happy87th birthday. Mr. McGlumphy moved for adjournment, seconded by Mr. Leary and unanimously carried.

CITY COUNCIL MEETING OF AUGUST 9, 2010 PAGE 35 Meeting Adjourned at 9:24 P.M. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of August 9, 2010, are hereby approved. CARLETON E. CAREY, SR. MAYOR /TM/jg magFE97.wpd Exhibits Attached to Original Minutes and File Copy Exhibit #1 - Correspondence dated August 9, 2010 from Mr. Glenn Mandalas Exhibit #2 - Petition from City Residents - Opposition to the Street Closures - Request of Wesley College Exhibit #3 - Correspondence dated August 9, 2010 from Senator Brian Bushweller Exhibit #4 - Presentation - New Utility Bill Design

lf.L'i .1.;; t'. U V .I. I UU .: BAIRD M :ANDALAS LLC ·A- --------------- TIORNP.YS AT T.AW 103 S. BH/\Ufl...)RD STREITT DOVER, DELAWARE 19904 (302) 677-0061 (TuT ..) (302} 677-006:; (J1/\X) AtmioR's F.M An .: Ci!)' of Dover glennr~1bairdn1andal<11s.<~om RECEIVED August 9, 2010 AUG - 9 2010 VL1 FAX (302) 736-7002 AN)J J(FXJULAR }hill CITY MANAGERiMAYOR Mayor Carlton E. Can:y~ Sr. lvk.'Tl1b{,TS of City Counci I City of Dover P.O. Hox 475 Dover, Dclawan.~ 19901 RE: WesJcy College Pedestrian Project/ ll"-solutiou No. lOH>-07 Mayor Carey, Presi<lcnl Williams and Members of Dover City Council: l understand this cvming City Council will be conductiog a public hearing to consi<l~r proposed, which if adopted, would effectuate th<.: r1bandonment of C'-Ttain lll.leys and porlions of slrccts in connection with Wesll!y College's pedestrian project. 1 am iu. fuJI support of the project, and urge you lo adopt dle Resolution approving it. As a Dovt.T business owner wit.h an office location just a block away from the College, and a Duvt.T resident, my view is thal W..::slcy College is an extremely import<mt part of our conmiunity and one of the treasures that makes our downtown special. UndL'T the leadership or President Johnston, J feel ct-'flain ilic College wi 11 continue to be a valued part of our City. While Wesley has a fine campus, it is chopped up by a number of streets and alleys that can make the campus fod picccmealed. Making lhc crunpus mun~ pedestrian friendly by ahandonjng certain strccls alld alleys wm giv~ the cam.pus a real sem;c of prcscnc.e. Additfonally, appn>ving lhc project makes sense from a planning pt."l':'.'J)Cctive. Whilt: lhc alleys and streets do not seem lo be critical to the tluw of lraffic in and around the City, they clo present traffic hu:.::ards to nearly 1,500 studmls who cross the alleys and streetc; several times a day. A pedestrian friendly campus is, by definition, is a sa1i-T campus since !here will be less automolivc traffic presenting safoly hazards to Wesley College's student body. Moreover, the proposal would eliminate through traffic on Fulton and Cecil Streets, and would reduce problems witl1 the Fulton Slrccl /Delaware Avenue intersection.

City of l>owr C<:>unci I Augusl 9, 2010 Pagl' 2 Thank you for considering Wt!sl~y Ct'>llcgc's proposal. I encourage you to approve it. GCM/lss pc: President William. N. Jolmston Ms. Shelly Cccchett (Greater Oov~r Committee)

EXHIBIT #2 Regular Council Meeting of 08/09/2010 We, the undersigned residents of the City of Dover, are opposed to the closing of portions of Cecil. Bradford . and Fulton Streets ad'acent to Wesle Colle e. Print Name Street Zip Code Signature Address D OJ 'O I of 0 l 6Y t 9fo /q qo 1

e. Print Name Signature }) 9D1 970 I I 9 f p,,. Ol

We, the undersigned res"lderits of the City of Dover, are opposed to the closing of portions of Cecil. Bradford. and Fulton Streets ad· acent to Wesley Colle Print Name Street Zip Code Signature Address r e1 /97 tJ I 14. 15. 16. 17. 18. 19. 20.

We, the undersigned residents of the City of Dover, are opposed to the closing of portions of Cecil. Bradford. and Fulton Streets ad'acent to Wesley Colle Print Name Street Zip Code Signature Address 2. Ch r ;:i flc._s ~ )..({p M'"- .'rt) f L."-ft/<.C f4- 199 oJ v~ 1-12.c~ 3. J3u.Jd Gro~ H e.;......." ~It... ;fl./(:(_re_,. f.. I ~q ~( ~ J:,,J. (,",.. ~ 0 19 ') D qo ; s 'S "T3 Qt) (J FoR..~ ~..,, D<-{- lllo f6 v.rrt~<f ·-r~ l "1 C( {) "' u)vcc( 1 7. 18. 19. 20.

EXHIBIT #3 Regular Council Meeting of 08/09/2010 BRIAN J. BUSHWELLER STATE S ENA TOR Sev en t ee nth D i s tr ict SENATE STATE OF DELA WARE LEG I SLA TI VE HALL D OVE R. DEL AWA R E 1990 1 August 9, 2010 The Honorable President and Members of the Dover City Council City Hall Dover, Delaware 19901 Dear Mr. President and Members of Council: I am writing in support of the proposal to close certain streets and alleys in the vicinity of Wesley College. I believe the proposal is good for the College, good for the City as a whole and good for the neighborhoods adjoining the campus. As such, I respectfully suggest that Council approve the proposal. Wesley College is a key asset to the overall well being of Dover in several important ways. Not only is the College a center of intellectual, cultural and artistic activity, it also provides NCAA college sports activities enjoyed by many residents not otherwise affiliated with the College and it brings a measurable amount of economic activity, as well. In fact, Wesley's budget pumps $40 million per year into the Dover economy and provides 400 faculty, staff and support jobs to area residents. Additionally, area hotels and restaurants, shops and stores benefit from visiting families. In sum, Wesley is a positive and constructive institutional citizen that enhances the quality of life for all Doverians. As such, we should strive to support Wesley in any way we can. That includes supporting the current proposal. Making Wesley into more of a "pedestrian" campus will significantly add to the appeal and attractiveness of the campus, making it a more desirable choice for many students in the future. It will also enhance the ambience of the surrounding neighborhoods making those areas more attractive, as well. A more attractive Wesley makes for a more attractive Dover. I 03 Burning Tree Road, Dover, DE 19904 Home: 302-674-5442 Senate Office : 302-744-4 162 PMITEO OU RECYCLED PAPER

The Honorable President and Members of the Dover City Council Page2 I am not insensitive to the concerns of some area residents. I believe they are sincere in their opposition to the proposal. However, I am also impressed by the willingness of College officials to work closely with concerned residents to mitigate residents' issues and to minimize any potential inconveniences that might result. This includes the College's commitment that any parking spaces that are removed will be restored elsewhere. For all these reasons, I enthusiastically support the proposal to close certain streets and alleys in the vicinity of the College and to make Wesley into more of a pedestrian campus. I appreciate the opportunity to comment on this excellent proposal. Very truly yours, Brian J. Bushweller

EXHIBIT #4 Regular Council Meeting of 08/09/2010 NEW UTILITY BILL DESIGN Utility Committee Meeting EXHIBIT #4 July 26, 2010 1 Regular Council Meeting of 08/09/2010

GOAL
To provide our customers with a utility bill that contains useful billing information.
The current utility bill has been used since 1998. Over the years, our customers have made recommendations for making enhancements to the bill.
We now have the ability through technology to meet the requests. 2

CURRENT BILL 2349 North Down Drive John Doe, Jr. 2349 North Down Drive Dover, DE 19901 2349 North Down Drive 3

NEW BILL ENHANCEMENTS
In general, new format is easer to understand.
Cost savings – preprinted bills not necessary.
Account and contact info easier to find.
Bill summary clearly stated.
Meter information contained in separate highlighted section.
Service classification appears on bill.
Current charge calculations are listed with actual rates and consumption.
Additional customer news and information given it’s own section.
Consumption history included in the form of graphs.
Remittance portion located at the bottom for easier processing.
Amount due on remittance portion clearly highlighted.
Budget customers will find easy to understand calculations regarding payments and balance. 4

5

ACCOUNT & CONTACT INFORMATION 6

ACCOUNT ACTIVITY 7

METER INFORMATION 8

CURRENT CHARGES 9

CUSTOMER NEWS & INFORMATION 10

CONSUMPTION HISTORY 11

REMITTANCE PORTION 12

KEY PROJECT CONTRIBUTORS Citizen Focus Group Members
Thomas J. Dix (Local Resident)
Wayne B. Bobzin (Dover Mall)
Joe Kurtyka (Local Resident)
Patrice Mahon (Local Resident)
William Neaton (Economic Development)
Lisa Garner (Public Utilities) City Staff Members
Denise Roberson (Billing Supervisor /Account Clerk III), Bill Design
Mike Dickerson (IT Programmer), Bill Programming
Kathy Divver (Project Manager)
Terry Tieman (Department Head) 13

QUESTIONS & COMMENTS 14