COUNCIL Minutes

REGULAR COUNCIL MEETING The Regular Council Meeting was held on September 13, 2010 at 7:30 p.m. with Council President Hogan presiding. Council members present were Mr. Bonar, Mrs. Russell, Mr. McGlumphy, Mr. Leary, Mr. McGiffin, Mrs. Williams, Mr. Salters, and Mr. Ruane. Council staff members present were Police Chief Hosfelt, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, 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. Mrs. O=Brien, 632 N. West Street, referred to an adjacent property, 628 N. West Street, owned by the Valentines and thanked members for the positive action taken to improve the condition of the pool on the property. However, she advised members that there is another serious health concern related to poison ivy growing on the house, through the fence, and onto her property. She provided pictures depicting the growth (Exhibit #1) and advised members of health problems she has had due to the poison ivy. Mrs. O=Brien stated that the poison ivy had been eradicated and noted she was presenting this issue before Council to make it a part of the record and to prevent a recurrence. Ms. Andrea Pierce, 39 Par Haven Drive, reminded members that, during the Open Forum Segment of the Regular Council Meeting held on August 23, 2010, she questioned the City=s tax reassessment, the reassessment process, and the accuracy of assessed values. As a result, she received a response from the City; however, it was her feeling that the response contained inaccuracies. Ms. Pierce provided members with assessment data related to her concerns (Exhibit #2). Ms. Katrina Smith, 302 Eagles Nest Drive in Camden, advised members of concerns regarding a recent incident near a playground located at the southeast corner of Division and Kirkwood Streets. She stated that there is not a traffic signal at that location to allow children to cross the street safely. She stated that she witnessed a near accident involving a child being struck by a vehicle while attempting to cross Division Street. She requested that the City consider the installation of a traffic signal at this intersection to allow children to cross the streets safely. The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Mr. McGlumphy moved for approval of the agenda as presented, seconded by Mr. Bonar and unanimously carried. Mr. Salters moved for approval of the consent agenda, seconded by Mrs. Williams and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 2 ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF AUGUST 23, 2010 By consent agenda, the Minutes of the Regular Council Meeting of August 23, 2010 were unanimously approved by motion of Mr. Salters, seconded by Mrs. Williams and bore the written approval of Mayor Carey. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - AUGUST 23, 2010 The Legislative, Finance, and Administration Committee met on August 23, 2010 with Chairman Leary presiding. Review and Recommendation - Filling of Critical Positions During their meeting of February 23, 2009, members recommended approval of the Hiring Freeze for Fiscal Year 2008-2009, but to allow the hiring of critical positions through the review and approval of the Legislative, Finance, and Administration Committee and City Council. It was suggested that there be a "standing" agenda item to consider the filling of critical positions and, if there are no positions to consider, the item could be removed. Motor Equipment Operator I (MEO I) - Sanitation Mr. Scott Koenig, Public Service Manager/Director of Public Works, reviewed a request to recruit for a Motor Equipment Operator I (MEO I) position in the Sanitation Division created by the recent termination of an employee. Responding to Mr. Shevock, Mr. Koenig indicated that this is an IUE/CWA union position; however, he stated that the union is only recognized internally. He assured members that a non- union applicant could apply for the position. In addition, Mr. Koenig stated that current City employees who belong to another union would be eligible to apply. In response to Dr. Jones, Mr. Koenig noted that, although the salary information provided does not reflect any overtime, $18,000 has been budgeted for overtime for the Sanitation Division. The Committee recommended approval to recruit for the position of Motor Equipment Operator I (MEO I) for the Sanitation Division. By consent agenda, Mr. Salters moved for approval of the Committee=s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote. Discussion - Criminal Investigation Fund - Police Department Police Chief James Hosfelt advised members that the Police Department has been managing a Criminal Investigation Fund, which is an equitable sharing fund or federal forfeiture that the City has participated in since 1997. He stated that participation is through a partnership with the Federal Drug Enforcement Administration involving seized assets. Chief Hosfelt explained that when a drug dealer is arrested, assets such as cars, cash, etc., are liquidated and the Federal Drug Enforcement Administration determines the percentage of money that will be disbursed to local law enforcement. He stated that the guidelines indicate

CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 3 that 80% of the money must be given back to local law enforcement and 20% is kept by the Federal Government; however, these funds are disbursed based on the local law enforcement=s participation in an investigation. Chief Hosfelt indicated that the disbursed money must be used for law enforcement purposes, such as the purchase of vehicles, weapons, forensic testing, etc., and that money is not spent without approval from the Chief of Police. Chief Hosfelt stated that the Criminal Investigation Fund has not been governed in accordance with the City=s policy, which states that all funds should be managed by the Finance Department. He assured members that the Police Department is working with the Finance Department to transfer all records and documentation to bring the Fund under the control of the Finance Department. Chief Hosfelt indicated that the expenditure of monies from the Criminal Investigation Fund has been within the City=s policy. At the request of Chairman Leary, Chief Hosfelt stated that, once all records and documents have been transferred to the Finance Department and an audit has been performed, an update will be provided to Committee members. The Committee recommended acceptance of the Criminal Investigation Fund Report, as delivered by the Police Chief, and that staff be directed to provide an update when the administrative adjustments have been completed. By consent agenda, Mr. Salters moved for approval of the Committee=s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote. By consent agenda, Mr. Salters moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mrs. Williams and carried by a unanimous roll call vote. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - AUGUST 25, 2010 The Safety Advisory and Transportation Committee met on August 25, 2010 with Chairwoman Williams presiding. Presentation - Clarence Street Extended Project Update (Century Engineering) Mr. Scott Koenig, Public Services Manager/Director of Public Works, reminded members that staff requested that Century Engineering provide an update on the Lincoln Park Center and Clarence Street Extended Project. He noted that these projects were part of the West Side Strategic Development Plan which was formulated many years ago and that the Clarence Street Extended Project has been ongoing for over 10 years. Mr. Anthony DePrima, City Manager, advised members that, several years ago, the Delaware

CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 4 Department of Transportation (DelDOT) agreed to pay for a study of the West Side of Dover. At that time, the Downtown Dover Development Corporation (DDDC) determined that the lack of a plan for the West Side of Dover would impede further development of the entire downtown area. As a result, a plan was developed and, over the past 10 years, several of the items included in the plan have come to fruition, including the acquisition of the Capital Scrap Yard property, which was cleaned up and sold for development, and the construction of buildings by Mr. Bob Duncan. Mr. DePrima stated that the plan also included the extension of Clarence Street in order to provide an additional north/south connector, which would assist in the future development of the older, industrial property in the area. He advised members that this idea was used to apply for a Federal Transportation Community Assistance Preservation Grant, which was received. He noted that Senator Carper later earmarked additional monies for the design of the Clarence Street Extension. Mr. Allen Martini and Ms. Christine Conway of Century Engineering reviewed large maps depicting the area surrounding Clarence Street. In reviewing the Clarence Street Extension Project, Mr. Martini stated that Century Engineering developed a concept plan for the project, including sidewalk sections and infrastructure internal to the center of the industrial park. One of the issues that was discovered was the need for a parking garage to accommodate commercial businesses in the area. The estimated cost was $20M - $24M; therefore, only the portion of the project related to the extension of Clarence Street was considered, particularly since there were federal monies involved and this portion of the project was specifically related to transportation. Mr. Martini reminded members that, since federal monies are involved, federal processes must be followed, in accordance with the National Environmental Policy Act (NEPA), which proscribes procedures related to wetlands, hazardous materials, historic issues, archeology, etc. Century Engineering has completed a base survey, including resolution of property lines, wetland delineation, utility coordination, etc. He noted that two (2) different alignments have been identified by Century Engineering for the extension of Clarence Street. Mr. Martini advised members that environmental assessments and relocation plans, including costs, impacts, etc., would be required for the alignments. Mr. Martini noted that, in addition to providing relief for some of the north/south traffic at surrounding intersections, there are many other benefits to this project. He stated that Century Engineering will continue to work on the federal processes, which will be completed in the spring of next year, and a public workshop is planned for later this year or early next year. Mr. Martini noted that archeology work will be conducted on the site within the next month. Responding to Mrs. Williams, Mr. Martini stated that 750 feet of roadway is involved and that a major cost item would be the installation of sidewalks, which are estimated at over $1M, including lighting, utility relocations, etc. To date, less than $400,000 has been spent on the project. Mr. Koenig explained that a total of $1.4M is available for this project.

CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 5 In response to Mr. Davis, Mr. Koenig stated that, as this project moves forward and the alignment is determined, it will be presented to developers; however, staff was given very strict instructions not to violate the federal process by discussing property values with landowners. He noted that staff will conduct very technical engineering work to determine the best alignment for the roadway. Mr. Koenig estimated a project completion date in the range of five (5) to seven (7) years. Mrs. Russell advised members that she has heard concerns from surrounding property owners and suggested community outreach to provide details regarding the project. Mrs. Williams noted that no action was required and thanked Century Engineering for providing the update to members. Letters in Support of Reallocation of the D Block to Develop a Nationwide Interoperable Network for Public Safety (Request of Mayor Carey) Mayor Carey advised members that the National League of Cities has requested that letters of support be sent from the City to U. S. Senators and Representatives relaying support of the reallocation of the D Block and HR 5081, Broadband for First Responders Act of 2010, which supports funding for interoperable highband radio systems. He explained that the desire is to provide a 700 MHz system that would "free up" some of the channels on the current 800 MHz system. Members were advised that, for many years, State and local first responders have sought to build a national interoperable communications network that allows real-time information sharing through high speed video and data. This would require an appropriate, dedicated band of spectrum that could accommodate the everyday needs of firefighters, police officers and emergency medical personnel, as well as provide excess capacity during emergencies. The 700 MHz D Block would provide this opportunity. Responding to Mr. Davis, Police Chief Hosfelt explained that the federal government is planning to auction off the 700 MHz band to Verizon, Sprint, or another private company; therefore, the draft letter to congressmen includes a request to oppose the auction of the D Block. He stated that it is a public safety goal for the federal government to dedicate the band for public safety use. The Committee recommended approval of the letters in support of the reallocation of the D Block to develop a Nationwide Interoperable Network for Public Safety. By consent agenda, Mr. Salters moved for approval of the letters in support of the D Block to develop a Nationwide Interoperable Network for Public Safety (Exhibits #3 and #4), as recommended by the Committee, seconded by Mrs. Williams and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 6 Discussion - State Capital Transportation Program Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members that, in the coming months, the Delaware Department of Transportation (DelDOT), the Dover Kent County Metropolitan Planning Organization (MPO), the Wilmington Area Planning Council (WILMAPCO), and Sussex County will be holding public hearings on the State=s Capital Transportation Program for the next fiscal year. She explained that these hearings will begin the process of preparing a capital program that will ultimately be approved as part of the Bond Bill in June 2011. Mrs. Townshend reminded members that each year, City Council ranks transportation projects in the City of Dover in order to share the City=s priorities with DelDOT. (The last ranking of priorities took place at the Safety Advisory and Transportation Meeting of September 30, 2009, and was approved by City Council on October 12, 2009.) Members were provided a copy of the previous year=s priority listing. Mrs. Townshend advised members that, shortly after the start of the new fiscal year, staff received a listing of the Capital Transportation Program for FY 2011 through FY 2016 for Kent County. She noted that, in reviewing this listing, it was discovered that the transportation improvements at the intersection of Roosevelt Avenue and U.S. Route 13 in Dover (total cost of $1,850,000) had been removed from the funding program. Mrs. Townshend explained that, although the project was not included in Council=s priorities, it had been listed in the Capital Transportation Program (CTP). She stated that this was the second consecutive year that the City has discovered the removal of a Dover project from the CTP. In addition, Mrs. Townshend noted that the Clarence Street Extension Project was also removed from the Program. She stated that DelDOT has conveyed that this was removed in error and will be corrected; however, an amendment has not been verified. To ensure that Council members are aware of projects currently funded in the CTP and in order for the City to advocate preserving the funding of these projects in future years, Mrs. Townshend provided members with a summary of projects funded in the FY 2011 through FY 2016 CTP. She advised members that the summary did not include the phase of the project for each year (such as preliminary design, engineering, right of way acquisition, construction), nor did it indicate the funding source (such as State or federal funding). Responding to Mrs. Williams, Mr. Koenig suggested that the City=s objective would be to include these projects in the CTP with zero dollars allocated. He noted that, once projects are excluded from the Program, it is very difficult to reincorporate them. Mr. Koenig explained that a compromise was reached with DelDOT during CTP discussions held last year whereby the City could retain projects in the Program with minimal or no funding. Mr. Bonar suggested that the Committee urge the Mayor and Council to send a letter to Mr. Ralph Reeb, Director of Planning, DelDOT, requesting his support of the City=s position. He also suggested that the Mayor, Mrs. Townshend, and Mr. George Wright, Executive Director of the Delaware League of Local Governments, monitor the status of transportation projects

CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 7 proposed to be included in the Bond Bill and also meet with Representative William Carson (Chair of the House Transportation Committee), Senator Harris McDowell, and Senator Nancy Cook well in advance so that they are aware of the City=s concerns. The Committee recommended that the Mayor and Mrs. Townshend finalize the list of City Capital Transportation Program priorities that will be ranked by members during their September meeting, provide this list to Mr. Ralph Reeb and other appropriate DelDOT officials and, following the November State elections, meet with legislators to obtain their support for these projects. Mr. Salters moved for approval of the Committee=s recommendation, seconded by Mrs. Williams and carried by a unanimous roll call vote. By consent agenda, Mr. Salters moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mrs. Williams and carried by a unanimous roll call vote. MONTHLY REPORTS - JULY 2010 By motion of Mr. Salters, seconded by Mrs. Williams and carried by a unanimous roll call vote, the following monthly reports were accepted by consent agenda: Budget Report Chief of Police Report City Assessor=s Report City Manager's Report City Planner=s Report Dover Fire Department Report AUTHORIZATION TO LEASE - ISERIES (AS400) SERVER REPLACEMENT Mr. Anthony DePrima, City Manager, advised members that the City currently processes all utility billing, parcel management, tax billing, licenses and permits, etc., on the existing IBM iSeries Model 525 server which is under a 36-month lease. He noted that the lease was scheduled to expire on September 11, 2010, at which time it would convert to a month-to-month lease with payments of $1,778. Mr. DePrima explained that this system is nearing the end of its useful life, and that the City has an opportunity to lease newer, larger, and faster technology which should provide reliable service for five (5) or more years for less than the current cost. He stated that the new system includes five (5) years of hardware and software support, even though the lease ends after three (3) years. At the end of three (3) years, the City would have a $1 buyout option. He noted that this would provide two (2) full years of service and support with no additional fees. Members were advised that SPS VAR is the only company that provides this service and is, therefore, the sole vendor. The total price, in the amount of $51,018.76, represents 36 monthly lease payments of $1,417.16, which includes $431.78 for the server, $301.09 for five (5) years of hardware/software support, $447.04 for software licenses (unlimited), $65.84 for backup tapes,

CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 8 and $171.41 for installation and migration services. It also includes the $1 buyout at the end of the lease. Staff recommended awarding a purchase order to SPS VAR /IBM Credit LLC for $1,417.16 per month to cover the first 12 months (totaling $17,005.92) of the 36-month lease. Mr. McGiffin moved for approval of staff=s recommendation, seconded by Mr. Salters and carried by a unanimous roll call vote. EVALUATION OF BIDS - REPAIRS TO UNITS 1, 2, AND 3 COOLING TOWERS Members were reminded that two (2) multi-year CIP projects associated with the cooling towers at the McKee Run Station were developed in 2009 to support the continued operation of the plant. The scope of work was prioritized, with the most critical work being scheduled for Fiscal Year 2011. Mr. Anthony DePrima, City Manager, advised members that a request for proposals was drafted to include a total price for procurement of all replacement materials, removal and disposal of all cooling tower structural members to be replaced, and replacement of structural members and mechanical equipment. The proposals were evaluated using the following criteria: cost, risk (including schedule, exceptions/exemptions, bidder experience), and conformance to bid instructions. Members were provided a summary of the evaluation scores. It was noted that the highest evaluated contractor, Cooling Tower Depot, Inc., was also the low bidder, in the amount of $366,301. Mr. DePrima advised members that there will be other components/services awarded under future proposals in subsequent years to complete the project; however, at this time, staff is confident this project will be under budget. Staff recommended awarding the contract to the low bidder, Cooling Tower Depot, Inc., for $314,625 for the firm price portion and $51,676 for the Time and Materials (T&M) portion of the work, for a total contract award of $366,301. Mr. DePrima stated that the proposed contract addresses the highest priority work requiring immediate attention which is planned for completion in the Fall of 2010. He indicated that this work, in combination with the work scheduled for the years 2012, 2013, and 2014, should extend the useful life of the cooling towers for up to 15 years. Responding to Mr. McGlumphy, Mr. Ken Beard, Assistant Plant Manager, stated that additional work will be necessary for the cooling towers; however, staff anticipates that all costs will be less than the $572,068 budgeted for this project. Mr. McGlumphy moved for approval of staff=s recommendation to award the contract to the low bidder, Cooling Tower Depot, Inc., in the amount of $314,625 for the firm price portion and $51,676 for the Time and Materials (T&M) portion of the work, for a total

CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 9 contract award of $366,301. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote. APPOINTMENT - HEALTH BENEFITS COMMITTEE - RICHARD HUDSON (RETIREE REPRESENTATIVE) During the Health Benefits Committee meeting of August 11, 2010, members recommended revising their membership to include a Retiree Representative. Members considered the appointment of Mr. Richard Hudson to serve on the Health Benefits Committee as the Retiree Representative. By consent agenda, Mr. Salters moved for approval of the appointment of Mr. Hudson to serve on the Health Benefits Committee as the Retiree Representative. The motion was seconded by Mrs. Williams and carried by a unanimous roll call vote. COUNCIL MEMBERS ANNOUNCEMENTS Mr. McGiffin reminded members to mark their calendar for June 26, 2011 for the next African American Festival. Mr. McGiffin also wished Council President Hogan a Happy Birthday. Mr. McGlumphy moved for adjournment, seconded by Mr. Leary and unanimously carried. Meeting Adjourned at 7:43 P.M. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of September 13, 2010, are hereby approved. CARLETON E. CAREY, SR. MAYOR /TM/jg mag4F09.wpd

CITY COUNCIL MEETING OF SEPTEMBER 13, 2010 PAGE 10 Exhibits Attached to Original Minutes and File Copy Exhibit #1 - Pictures Depicting Poison Ivy Growth at 628 N. West Street Exhibit #2 - Tax Reassessment Data Exhibit #3 - Draft Letter to U.S. Senators - Support of Reallocation of the D Block to Develop a Nationwide Interoperable Network for Public Safety Exhibit #4 - Draft Letter to U.S. Representatives - Support of Reallocation of the D Block to Develop a Nationwide Interoperable Network for Public Safety

EXHIBIT #1 Regular Council Meeting of 09/13/2010

EXHIBIT #2 Regular Council Meeting of 09/13/2010

EXHIBIT #3 Regular Council Meeting of 09/13/2010 [DATE] The Honorable [FULL NAME] United States Senate Washington, DC 20510 Dear Senator [LAST NAME]: Public Safety is a top priority for the City of [XXXX]. We know you share this same concern for your district. The utilization of broadband technology is crucial to the future of public safety and will enhance the ability to save lives by quickly sharing information with first responders, public institutions and private citizens. Allocating the D block directly to public safety is the only way to ensure a robust, modern and reliable nationwide interoperable network. For years, state and local first responders have sought to build a national interoperable communications network that allows real-time information sharing through high speed video and data. This requires an appropriate, dedicated band of spectrum that can accommodate the everyday needs of firefighters, police officers and emergency medical personnel, as well as provide excess capacity during times of emergency. The 700 MHz D block finally provides this opportunity. While the Federal Communications Commission’s National Broadband Plan proposes to provide public safety roaming and priority access on other commercial 700 MHz networks for a fee, this proposal relies on untested technologies and new regulations that cannot ensure reliable and resilient communications capabilities to meet stringent public safety needs. The City of [XXXXX] joins the National League of Cities, public safety organizations, and other national organizations representing state and local government officials in urging you to support reallocation of the D block to ensure this one time opportunity to develop a nationwide interoperable network for public safety is not lost. Sincerely, [SIGNATURE BLOCK] City of XXXXX Cc: Mitchel Herckis, The National League of Cities

EXHIBIT #4 Regular Council Meeting of 09/13/2010 [DATE] The Honorable [FULL NAME] U.S. House of Representatives Washington, D.C. 20515 Dear Congressman/Congresswoman [LAST NAME]: Public Safety is a top priority for the City of [XXXX]. We know you share this same concern for your district. The utilization of broadband technology is crucial to the future of public safety and will enhance the ability to save lives by quickly sharing information with first responders, public institutions and private citizens. Allocating the D block directly to public safety is the only way to ensure a robust, modern and reliable nationwide interoperable network. This is why we ask that you oppose the auction of the D block and cosponsor H.R. 5081, Broadband for First Responders Act of 2010, which would reallocate the D block to public safety. For years, state and local first responders have sought to build a national interoperable communications network that allows real-time information sharing through high speed video and data. This requires an appropriate, dedicated band of spectrum that can accommodate the everyday needs of firefighters, police officers and emergency medical personnel, as well as provide excess capacity during times of emergency. The 700 MHz D block finally provides this opportunity. While the Federal Communications Commission’s National Broadband Plan proposes to provide public safety roaming and priority access on other commercial 700 MHz networks for a fee, this proposal relies on untested technologies and new regulations that cannot ensure reliable and resilient communications capabilities to meet stringent public safety needs. The City of [XXXXX] joins the National League of Cities, public safety organizations, and other national organizations representing state and local government officials in urging you to cosponsor the Broadband for First Responders Act of 2010, supporting the reallocation of the D block to ensure this one time opportunity to develop a nationwide interoperable network for public safety is not lost. Sincerely, [SIGNATURE BLOCK] City of XXXXX Cc: Mitchel Herckis, The National League of Cities