COUNCIL Minutes

REGULAR COUNCIL MEETING The Regular Council Meeting was held on December 13, 2010 at 7:30 p.m. with Council President Hogan presiding. Council members present were Mr. Bonar, Mr. Leary, Mr. McGiffin, Dr. McGlumphy, Mr. Ruane, Mrs. Russell, Mr. Salters, and Mrs. Williams. Council staff members present were Police Chief Hosfelt, Ms. Russell, Mrs. Mitchell, Mrs. Townshend, Fire Chief Christiansen, Mr. DePrima, City Solicitor Rodriguez, Mrs. McDowell, and Mayor Carey. OPEN FORUM The Open Forum was held at 7:15 p.m., prior to commencement of the Official Council Meeting. Council President Hogan declared the Open Forum in session and reminded those present that Council is not in official session and cannot take formal action. Dr. Joel Halpern, Halpern Eye Associates, 885 S. Governors Avenue - Home - 4 Forest Hills Court, Dover, stated that Milton, Middletown, and Smyrna have downtown areas that are clean and pleasing to the eye. He indicated that downtown Dover has a problem maintaining an attractive appearance, noting that many storefront windows are "plastered" with old signs. In addition, Dr. Halpern felt that businesses such "69 Flavors" and tattoo parlors do not belong on the main street downtown. Dr. Halpern suggested that the City convert the existing Dover Public library into a "resource center" and purchase electronic books, which would occupy less space, instead of constructing a new library. He felt that if a new library were to be built, it should be located at the Bayard Hotel site as this would be more desirable than the low income housing that he stated is currently planned for that location. Dr. Halpern indicated that he is a City property owner and taxpayer but not a resident and stated that he would like the opportunity to vote for his City representatives. He suggested that the City Charter be reviewed to eliminate "taxation without representation." The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Dr. McGlumphy moved for approval of the agenda, seconded by Mrs. Russell and unanimously carried. Council President Hogan requested that Item #12, Election of Officers - Robbins Hose Company - Year 2011 Fire Line Officers, be placed on the Consent Agenda. Mr. Bonar moved for approval of the Consent Agenda, as amended, seconded by Mr. Leary and carried by a unanimous roll call vote. ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF NOVEMBER 22, 2010 The Minutes of the Regular Council Meeting of November 22, 2010 were unanimously

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 2 approved by motion of Mr. Bonar, seconded by Mr. Leary and bore the written approval of Mayor Carey. PUBLIC HEARING/FINAL READING OF PROPOSED ORDINANCE #2010-27 - REZONING OF PROPERTIES LOCATED AT 1016 AND 1022 COLLEGE ROAD, OWNED BY GRACE PRESBYTERIAN CHURCH A public hearing was duly advertised for this time and place to consider the rezoning of properties located at 1016 and 1022 College Road (south Side of College Road, west of the intersection with McKee Road), consisting of 1.0044+/- acres, owned by Grace Presbyterian Church. The properties are currently zoned CPO (Commercial/Professional Office) and subject to COZ-1 (Corridor Overlay Zone) and the proposed zoning is IO (Institutional and Office). The Tax Parcels are ED05-067.14-01-69.00 and ED05-067.14-01-69.01 and the Planning Reference is Z-10-08. Mr. Salters moved that the final reading of the proposed ordinance be acknowledged by title only, seconded by Mr. McGiffin and unanimously carried. (The First Reading of Proposed Ordinance #2010-27 was accomplished during the Council Meeting of October 25, 2010.) Mrs. Ann Marie Townshend, Director of Planning and Community Development, reviewed the petition to amend the zoning district and the findings and recommendations of the Planning Commission (Exhibit #1). The Planning Commission recommended approval of the rezoning request. Council President Hogan declared the public hearing open. Youth Pastor Rick Barr of Grace Presbyterian Church stated that the ranch home on the property was previously a rental unit and the church would like to begin utilizing the space for Sunday school classes. There being no one else present wishing to speak, Council President Hogan declared the public hearing closed. Dr. McGlumphy moved for approval of the rezoning request, as recommended by the Planning Commission. The motion was seconded by Mrs. Williams and, by a unanimous roll call vote, Council adopted Ordinance #2010-27, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 1016 AND 1022 COLLEGE ROAD. WHEREAS, the City of Dover has enacted a zoning ordinance regulating the use of property within the limits of the City of Dover; and WHEREAS, it is deemed in the best interest of zoning and planning to change the permitted use of property described below from C-PO (Commercial/Professional Office Zone) and subject to COZ-1 (Corridor Overlay Zone) to IO (Institutional and Office Zone).

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 3 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 1. That from and after the passage and approval of this ordinance the Zoning Map and Zoning Ordinance of the City of Dover have been amended by changing the zoning designation from C-PO (Commercial/Professional Office Zone) and subject to COZ-1 (Corridor Overlay Zone) to IO (Institutional and Office Zone) on that property located at 1016 and 1022 College Road (on the south side of College Road, west of the intersection with McKee Road), consisting of 1.0044+/- acres (43,750 sq. ft.), owned by Grace Presbyterian Church. ADOPTED: DECEMBER 13, 2010 JOINT LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE AND SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - NOVEMBER 15, 2010 A Joint Meeting of the Legislative, Finance, and Administration and Safety Advisory and Transportation Committees was held on November 15, 2010 with Chairman Leary presiding. OVERVIEW OF ISSUES RELATED TO GANG ACTIVITY Chief James Hosfelt, Dover Police Department Police Chief James Hosfelt introduced Sgt. Jason Pires, head of the Drugs, Vice, and Organized Gang Unit. Sgt. Pires is a 15-year veteran with the Dover Police Department and Vice President of the East Coast Gang Investigators. Sgt. Pires provided a Power Point Presentation on local and national gang history, local gang activity, and common gang identifiers and behaviors (attachment to Committee minutes). Responding to Mrs. Williams, Sgt. Pires stated that a team effort between the police, the Dover Housing Authority, and the community will be necessary to bring the City=s gang situation under control. He noted that key components to combating gangs include education, intervention, and suppression. Sgt. Pires advised members that combating gang activity is only one area of responsibility for his unit and that additional manpower would be helpful in this regard. Chief Hosfelt stated that since 2008 there have been 15 gang-related shootings, three (3) gang-related stabbings, and five (5) gang-related homicides. He stated that he would provide statistics on the percentage of total crime that can be attributed to gang activity. Dr. Jones asked if there is a program in place for the Police Department to work with schools and families. Chief Hosfelt stated that the Department continues to participate in the Drug Abuse Resistance Education (DARE) program and is considering the Gang Resistance Education and

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 4 Training (GREAT) program. In addition, he noted that one (1) officer is assigned to Central Middle School and one (1) officer to Dover High School. Noting the photos of graffiti on public property, Mr. Anthony DePrima, City Manager, asked if it would be helpful to arrange for its removal as quickly as possible. Sgt. Pires stated that he has provided presentations to the Utility Department crews who are very helpful in reporting gang graffiti so that it can be removed expeditiously. Sgt. Pires emphasized the importance of the community=s willingness to report gang activity and to testify if necessary. He stressed the value of community policing in establishing relationships and trust between police officers and residents. Chief Hosfelt stated that there has been a 37% reduction in community meetings since the reduction in the Community Policing Unit. Ami Sebastian-Hauer, Dover Housing Authority (DHA) Ms. Ami Sebastian-Hauer, Director of the Dover Housing Authority (DHA), stated that the DHA was the first property manager to join the Dover Crime Free Multi-Housing Program. She noted that the DHA created defensible areas in all of their neighborhoods. Ms. Sebastian-Hauer stated that a great deal of crime, drug activity, and solicitation goes unreported. She stated that she felt the Community Policing Unit was essential to the safety of the residents of Dover. Ms. Sebastian-Hauer advised members that there are programs available that provide alternative activities, for example, a Boys and Girls Club at Simon Circle, the University of Fun at Manchester Square, and General Educational Development (GED) and Adult Basic Education (ABE) programs. Responding to Mrs. Russell, Ms. Sebastian-Hauer stated that the DHA has a resident services department and administers a family self-sufficiency program. She noted that able-bodied adults who are not working must either join a family self-sufficiency program, participate in job training, continue with their education, or perform community service. Ms. Sebastian-Hauer stated that many DHA residents work and rent is based on income. SCHEDULING OF FUTURE MEETINGS Due to conflicting schedules, Chairman Leary advised members that the next meeting would be scheduled for a date prior to Monday, December 6, 2010. PUBLIC COMMENT PERIOD (15 MINUTES) Mr. Clay Hammond stated that a group of concerned citizens are planning a town hall meeting for the African American community on Saturday, December 11, 2010 from 2:00 - 4:00 p.m. to brainstorm about what they need to do to save the children. Mrs. Russell stated that she did not feel that gang problems should be considered a "black thing"

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 5 because the races co-mingle. She hoped that actions taken to resolve this situation would benefit all children. By consent agenda, Mr. Bonar moved for acceptance of the Joint Legislative, Finance, and Administration and Safety Advisory and Transportation Committees Report, seconded by Mr. Leary and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 6 UTILITY COMMITTEE REPORT - NOVEMBER 22, 2010 The Utility Committee met on November 22, 2010 with Chairman Ruane presiding. Review of Utility Related CIP=s (Electric and Water/Wastewater) (August and September) Members were provided Project Tracking Reports, as of August 31, 2010 and September 30, 2010, for the Utility (Electric and Water/Wastewater) Related Capital Investment Plan (CIP). Mr. Anthony DePrima, City Manager, reminded members that every fall and spring, the power plant is shut down so that maintenance can be performed. He stated that this was completed on November 22, 2010 and, during the shutdown, several projects, such as work on the cooling tower and other internal work, were accomplished. Mr. DePrima explained that these projects will be reflected in the next report. In response to Mr. Bonar, Mr. DePrima stated that testing was conducted during the shutdown and more maintenance will probably be required in order to extend the life of the plant. He indicated that additional engineering staff has been requested since the plant is managing more CIP projects than in previous years. Responding to Mr. Ruane, Mr. DePrima indicated his satisfaction with the progress being made on the projects and that, with the exception of siting the pump for the new well for the Piney Point Well Project, there have been no complications. He stated that the Piney Point Well Project has been delayed while working with the Department of Natural Resources and Environmental Control (DNREC) on obtaining approvals. Mr. DePrima informed members that there has not been an urgent need for staff to move forward with this project because demand is down. He explained that most delays are caused by permitting agencies, reminding members that staff is still waiting on final approval from the Delaware Department of Transportation (DelDOT) for the Route 13 Water Line Project. He indicated that he did not feel there was a need for Council to take any action regarding this project at this time. Mr. Snaman indicated that residents of Turnberry have relayed problems with stormwater drainage, which also affects the golf course. Responding, Mr. DePrima stated that there was a substantial amount of work conducted this past summer to resolve the drainage problems. He assured members that he would contact the residents to determine if stormwater problems are still occurring in the area. The Committee recommended acceptance of the Utility Related CIP=s Reports. By consent agenda, Mr. Bonar moved for approval of the Committee's recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote. PACE/NAES Monthly Report (September 2010) The PACE/NAES Monthly Report for September 2010 was provided to members to allow the opportunity to monitor what is being sold in electric and the revenues received, which will give

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 7 them a better understanding of any fluctuations and allow the opportunity to make improvements if deemed necessary. Referring to Page 4 with regard to the Monthly Budget Variance, Mr. Anthony DePrima, City Manager, explained that the unfavorable variance, in the amount of $249,504 reflects additional run time in September, which resulted in an increase in water and sewer expenses. In addition, he stated that contractor labor costs and boilers and auxiliary repairs were included. In response to Mr. Snaman regarding concerns about increases proposed by other major utility companies, Mr. DePrima stated that the confidence level in the City=s rates is high since the City is 85% hedged in the next fiscal year; therefore, only a 15% gap exists. He stated that he was not aware of the issues that are driving the price increases for other companies. Mr. Bonar requested that staff provide an annualized comparison to be presented to members during the January meeting. The Committee recommended acceptance of the PACE/NAES Monthly Report for September 2010. By consent agenda, Mr. Bonar moved for approval of the Committee's recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote. Update - National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer Systems (MS4) Permit During their meeting of June 14, 2010, Mrs. Ann Marie Townshend, Director of Planning and Community Development, provided members with information regarding the National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer Systems (MS4) Permit. The information included details about the Dover NPDES permit and explained how it has been administered in the past and will be administered in the future. Members were also advised that the Planning Department would be responsible for making NPDES permit applications, monitoring progress, and filing reports with Department of Natural Resources and Environmental Control (DNREC). Mrs. Townshend advised members that on June 2, 2010, the City received a notice of violation for non-compliance with the permit requirements from DNREC. The City was provided a list of corrective actions and was given until November 1, 2010 to comply. On June 16, 2010, the City submitted a revised Annual Report covering the period of September 1, 2007 through August 31,2008, and on October 27, 2010, the City submitted a report to DNREC of all corrective action to clear the notice of violation. Mrs. Townshend indicated that these actions included the following: 1) As part of the ABC = 123 downtown beautification project held on August 21, 2010, 67 storm drains were marked by volunteers in the Downtown

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 8 Dover area. 2) A meeting was held with City departments to discuss the permit activities and the need to work them into regular work schedules and processes. 3) Three (3) brochures were published for distribution (landscaping, home repairs, and stormwater management area maintenance). 4) 47 City employees attended a construction certification training held by DNREC. 5) Staff continued with street sweeping, leaf collection, and storm drain mapping. Mrs. Townshend noted that on November 16, 2010, the City received a letter from DNREC indicating that the notice of violation was cleared. She stated that the next step would be to work with DNREC to close out the existing permit and to authorize a renewed five (5) year permit, which she hoped to obtain by July 1, 2011. She noted that DNREC has indicated that the new permit will require a retrofit plan; therefore, DNREC will be looking for stormwater retrofits in the City. Mrs. Townshend explained that the City has developed a plan to implement retrofitting; however, she advised members that this will require funding and grants will be pursued for this purpose. In response to Mr. Ruane, Mrs. Townshend stated that staff has discussed the possibility of including permitting requirements in the Dover Code for the expansion of driveways. She stated that currently lot coverage is addressed in the Zoning Ordinance; however, a permit is not required unless there is a building and there are no setback requirements for driveways. She anticipated that staff will be presenting related ordinance amendments in the spring. Responding to Mr. Bonar regarding reporting requirements for sewer and stormwater overflows to Kent County and DNREC, Mr. Scott Koenig, Public Services Manager/Director of Public Works, stated that City staff maintains records of the amount of water used for sewer jetting, the dumping station at Schutte Park, etc. He explained that any type of wastewater spill greater than a specified amount (which he believed to be 500 gallons) must be reported. He stated that in recent discussions DNREC indicated that there may be a requirement to report every and any type of spill in the future. In regard to vehicles, hydraulic spills in excess of five (5) gallons must be reported. Mr. Koenig assured members that all spills are reported as required. Mr. Bonar suggested that consideration be given to the possibility of using pervious paving and channelization of stormwater. He explained that curb lines can be directed to cause water to flow into the trees rather than the stormwater runoff. Mr. Bonar also suggested the possibility of obtaining beautification and/or federal funding for these projects. Responding, Mrs. Townshend

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 9 advised members that in new housing developments, the first practice is to create channelization of stormwater, which may be something that a retrofit plan could address. In terms of pervious pavement, she noted that maintenance is critical. If not properly maintained, the pavement will clog and no longer function, which causes drainage problems. Mr. Bonar stated that there are products on the market that would not only enhance stormwater runoff and help prevent it from draining into the St. Jones River, but also aid in snow removal by expediting melting. Mrs. Townshend suggested the possibility of obtaining funding through DNREC for a demonstration project in the City. Mr. Bonar noted that members of Council had the opportunity to review the charrette plan that was developed and encouraged staff to include stormwater runoff and management solutions that are more natural in an attempt to reduce runoff in the downtown area. Update - Recycling and Yard Waste Related Legislation Mr. Anthony DePrima, City Manager, reported that the State of Delaware has developed draft guidelines and an application for the recycling grant. He anticipated that the Recycling Committee will finalize the regulations and guidelines by the first of the year and that there will be a succession of applications. Mr. DePrima noted that the State=s priority this year, as stated in the legislation, is to focus not only on multi-family and single-family streams but also on bars and restaurants. He advised members that the City intends to apply retroactively for a grant for some of the expenses incurred from the purchase of recycling cans as well as for marketing and public relations funds to promote recycling and the yard waste ban. He stated that staff has also been discussing the possibility of purchasing an industrial-sized chipper and may apply for grant monies for this expense. Mr. DePrima stated that the Recycling Committee has not addressed rebates for recycling efficiencies; however, he has been assured that this will be considered. The projection is that several of the private haulers that qualify for the grants will not apply since there is a "string" attached, which states that if a grant is awarded, recycling rates cannot be increased. He assured members that the rate increase restriction would not apply to the 2% escalator included in the City=s contract and it is permitted to pass this escalator on to the customers. In regards to legislation related to yard waste, Mr. Scott Koenig, Public Services Manager/Director of Public Works, advised members that as of January 1, 2011, there will be a "soft" ban at the landfill which will require the City to separate yard waste. He stated that yard waste will be disposed of at a separate location at the landfill and will not be disposed of on the "face" of the landfill as is regular municipal solid waste. At first the fee for yard waste will be the same as municipal solid waste; however, Mr. Koenig stated that it is hoped that, as the ban is implemented, there will be consideration of a hauling rate for yard waste, since it is essentially biodegradable material such as trees, branches, grass, etc. He noted that, according to the Delaware Solid Waste Authority, the ban will allow each solid waste load to contain up to 10% yard waste. Referring to implementation of this legislation in the City of Dover, Mr. Koenig stated that Kent County is currently seeking input from residents to determine if they want yard waste collection. It was his feeling that the City will have to provide yard waste collection services to

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 10 residents. He noted that most communities that provide recycling services on an every-other-week basis, as the City does, provide the yard waste collection services on the odd weeks, utilizing a separate container. He indicated that this approach will be reviewed by staff and projected that a recommendation will be forthcoming in January. Mr. Koenig noted that the yard waste collection would only be necessary from mid-March to mid-November, since very little yard waste is generated over the winter months. He stated that the City would maintain the leaf collection system and noted that the City already provides services that fit under the umbrella of a yard waste system. He explained that if a tree is cut down and put out for disposal, it typically is not taken to the landfill but rather to another facility that grinds and mulches. Mr. Koenig stressed the importance of meeting the guidelines and needs of the landfill in order to reduce the City=s costs. He noted that the container system seems to be the most efficient and low cost system since it allows customers to put the material in containers and not in bags that must be re-opened to demonstrate that they do not contain municipal solid waste. Mr. Koenig indicated that the City=s current recycling provider had expressed an interest in providing curbside yard waste collection on an every-other-week basis but had requested additional details. He stated that staff will provide a recommendation to the Committee, including the costs associated with contracting the services out versus providing the services in-house, after meeting with the contractor. By consent agenda, Mr. Bonar moved for acceptance of the Utility Committee Report, seconded by Mr. Leary and carried by a unanimous roll call vote. LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - NOVEMBER 22, 2010 The Legislative, Finance, and Administration Committee met on November 22, 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. Mr. Leary noted that there were no critical positions to be considered; therefore, no further action was required. Proposed Ordinance #2010-30 - Budget Amendments (Deferred by Committee on November 8, 2010) During their meeting of November 8, 2010, members considered Proposed Ordinance #2010-30 - Budget Amendments, which would incorporate the audited budget balances of all funds and accounts. Members deferred action until the next Committee meeting, with the understanding that the City Manager would present a plan to address the expenditures required to meet the reduced revenue with the proposed ordinance amendment.

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 11 Mr. Anthony DePrima, City Manager, reminded members that during their previous meeting, members relayed concerns regarding the projection of reduced transfer tax receipts. He reminded members that the City originally budgeted $1M for transfer tax and staff projected receipt of $650,000; therefore, staff was directed to present a plan to reduce expenses by $350,000 to address the reduced revenue. Mr. DePrima advised members that following the meeting, the City received approximately $640,000 (City Clerk=s Office Note: Actual amount received was $643,894) in transfer taxes through the sale of several large apartment buildings (Woodcrest, Mapleton Square, and Country Village). He stated that this negated the need to reduce expenses; however, he stated that staff conducted the exercise of reducing expenses. Mr. DePrima reviewed details regarding the Estimated Expenditure Reductions as of November 10, 2010 (attachment to Committee minutes) that were developed by staff. Utilizing the $650,000 projection and including the additional $640,000 received, he stated that actual transfer tax revenues would be approximately $1.3M, which is $300,000 more than the original budgeted amount of $1M. Mr. DePrima suggested that members approve Proposed Ordinance #2010-30, as presented by staff, with the stipulation that any corrections would be accomplished during the mid-year review. He stated that, alternatively, members could amend the ordinance by including the additional transfer tax revenues in the amount of $640,000. Mr. McGiffin indicated his preference that these types of issues be considered during the mid-year budget review. Mr. McGiffin moved to recommend approval of Proposed Ordinance #2010-30 - Budget Amendments, as presented, and that any necessary changes be considered during the mid-year budget review. The motion was seconded by Dr. Jones. As a result of the new information presented by staff, Mr. Ruane relayed his concurrence; however, he requested further review of the Electric Revenue Fund. Responding, Mrs. Mitchell, Controller/Treasurer, stated that staff considered the possibility of a power cost adjustment and, although staff had prepared documentation, this information was not readily available. Staff requested that members move forward to the remaining agenda item and then return to consideration of this matter. The Committee tabled further discussion on this matter until later in the meeting, seconded by Mr. McGiffin and unanimously carried. Discussion - Amendments to Chapter 70 - Offenses and Miscellaneous Provisions, Section 70-2 - Weapons Generally, Subsection (c) - Discharge At the request of Councilman David Bonar, City Solicitor Nicholas Rodriguez reviewed Chapter 70 - Offenses and Miscellaneous Provisions, Section 70-2 - Weapons Generally, Subsection (c) - Discharge, of the City of Dover Code of Ordinances. Members were provided an opinion submitted by City Solicitor Rodriguez suggesting that Section 70-2 is in violation of State law

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 12 (22 Del. C. Sec. 111) and may have automatically been repealed. City Solicitor Rodriguez recommended that the ordinance be completely re-drafted should the City opt to regulate the discharge of firearms within City limits. Police Chief Hosfelt indicated no objection to the recommendation submitted by City Solicitor Rodriguez. Mr. Bonar reminded members that this issue developed as a result of recent discussions regarding shootings involving gang members in the City of Dover. While conducting research, it was discovered that the City=s ordinance appeared to be in violation of State law, which City Solicitor Rodriguez confirmed. Mr. Bonar requested that members direct the City Solicitor to prepare an ordinance amendment for presentation for a First Reading at the January meeting. In reviewing the opinion provided by City Solicitor Rodriguez, Mr. McGiffin suggested that, in addition to mirroring the State law, the City should also include an amendment to regulate discharge of weapons. Responding, Police Chief Hosfelt indicated his concurrence. Mr. McGiffin moved to recommend that the City Solicitor be directed to draft an ordinance amendment to bring the City into compliance with State law regarding weapons and to address the issue of discharging a weapon within the City. The motion was seconded by Dr. Jones. Responding to Mr. Ruane, Police Chief Hosfelt indicated that when there are violations of Section 70-2 of the Dover Code, citations that are issued refer to the State law rather than City Code and typically involve possession of a deadly weapon. At the request of Mr. Ruane, Police Chief Hosfelt stated that the Police Department staff would review legislation from other jurisdictions to assist in developing an ordinance amendment regarding "weapons generally." In response to Mr. Ruane, Mr. Leary noted that, typically, the procedure for this type of request would be for the City Solicitor to draft an ordinance amendment. He felt assured that the Police Chief would review the proposed amendment prior to its submission to the Committee for consideration. Mr. McGiffin noted that the City=s Ordinance references other weapons, such as a "slingshot," "peashooter," "beany," "bow and arrow," etc., and explained that the intent of his motion was strictly to address the issue of firearms and discharging firearms, without limiting the City=s enforcement of the ordinance with respect to other weapons. The Committee recommended that the City Solicitor be directed to draft an ordinance amendment to bring the City into compliance with State law regarding weapons and to address the issue of discharging a weapon within the City. By consent agenda, Mr. Bonar moved for approval of the Committee's recommendation, seconded by Mr. Leary and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 13 Proposed Ordinance #2010-30 - Budget Amendments (Tabled Earlier in the Meeting) The Committee removed consideration of Proposed Ordinance #2010-30 - Budget Amendments from the table. Mrs. Donna Mitchell, Controller/Treasurer, reviewed a report provided to members entitled "Calculation of Potential PCA Credit for January 2011 through June 2011" (Attachment #2 to the Legislative, Finance, and Administration Committee minutes of November 22, 2010). Responding to Mr. Leary, Mr. DePrima indicated that Power Cost Adjustments (PCAs) are typically determined on an annual basis. Mrs. Teresa Tieman, Senior City Administrator, assured members that the PCA credit can be easily adjusted in the system. Should members choose to approve the adjustment, she requested that the motion include the provision that the adjustments be made "on or after January 1st."

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 14 Mr. Ruane noted that there have been other instances when the City has made adjustments and that, because the City is hedged at 85%, the cost of service is likely to be reduced in 2011 and 2012. Given the necessary budget increases, he felt the City=s willingness to make adjustments and give back to the customers would demonstrate good faith to the citizens and rate payers. He encouraged members to recommend approval of a PCA, as presented by staff. Council President Hogan relayed his opposition to making such decisions at the current time, when only a few months of data is available, and suggested that any action be delayed until the mid-year budget review. Concurring, Mr. McGiffin stated his reluctance to make budgetary decisions in a piecemeal fashion and his preference to consider this in the context of the mid-year budget review. The Committee recommended approval of Proposed Ordinance #2010-30 - Budget Amendments, as presented, and that any necessary changes be considered during the mid-year review. In response to Mr. Ruane, Mr. DePrima stated that the $1.4M of the PCA would remain in the Electric Fund and not be transferred to the General Fund. Mr. Leary moved for approval of the Committee=s recommendation to approve Proposed Ordinance #2010-30 - Budget Amendments, as presented, and that any necessary changes be considered during the mid-year review. The motion was seconded by Mr. Bonar. Mr. Ruane moved to amend Proposed Ordinance #2010-30, Budget Amendments, to reallocate $1,451,589 (Prior Year Balance), shown on Line 197 (Page 6 of 12), to Line 199 on the same page (Purchase Power Adjustment) for the purpose of providing an additional PCA credit to all rates and classes beginning January 1, 2011 for a six (6) month period. The motion was seconded by Mr. Salters. Mrs. Russell inquired if customers would object to a rate increase at the conclusion of the six (6) month period. Mr. Ruane stated that the budget ordinance applies only to a six (6) month period; therefore, the PCA would be limited to that timeframe. Referring to Page 5 of the Review of Utility Related Capital Investment Plan (CIP) (Electric and Water/Wastewater) Report which was reviewed by the Utility Committee earlier in the evening, Mr. Ruane advised members that diminishing power costs are projected. As a result, it was his feeling that the City could sustain the PCA beyond the initial six (6) month period. Mr. Anthony DePrima, City Manager, stated that a seven percent (7%) reduction in the cost of power supply is projected for next year. He noted that this projection is fairly reliable since costs are 85% hedged; therefore, 85% of the power cost for next year has already been purchased. Mr. DePrima advised members that a seven percent (7%) reduction translates to just over $5M. Noting that Mr. Ruane recommended the addition of $1.4M to the PCA for the next six (6) months, Mr. DePrima stated that $2.8M would be necessary to sustain the same PCA for a full

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 15 year. He indicated that it appears there will be sufficient power supply savings next year to sustain and possibly increase the PCA, provided there are no unanticipated expenses. Mr. Leary advised members that, due to possible variables, the Committee felt that a PCA should be considered in the normal fashion during the mid-year review. Mrs. Williams noted that The Organization of the Petroleum Exporting Countries (OPEC) announced that they do not plan to increase the outflow of crude oil and that the price per barrel continues to increase. Mr. DePrima stated that power markets are not related to the oil market; however, they are related to the natural gas market. Noting that the City is 85% hedged, Mrs. Williams inquired where and how the other 15% would be purchased and what percentage of purchases would be hedged in subsequent years. Responding, Mr. DePrima stated that the City attempts to hedge 85% each year and keep the remaining 15% open in order to shape purchases to the exact amount needed, according to the curve of the power supply. He explained that the 15% is purchased either "on demand" or in the "day ahead" market. Mr. DePrima advised members that less is hedged in the out-years (76% in the second year, 40% in the third year, and 9% in the fourth year); therefore, those numbers are less reliable and confidence in the projection is lower. Mr. McGiffin felt it would be more appropriate to consider a PCA during the mid-year review. He indicated that he would enthusiastically support a PCA at that time if it is justified by the numbers. Mr. Ruane reminded members that January is mid-year based on the City=s fiscal year. Mr. Ruane noted that the "Calculation of Potential PCA Credit for January 2011 through June 2011" indicates a 3.4% increase over the amount provided this year. He also reminded members that a PCA is routinely provided by Council when possible and that, in 2007, the cost per kWh for power supply and generation increased from .054 to .089 and the City implemented an overall rate increase of approximately 31% to cover the increase. Mr. Ruane stated that, at that time, Council promised to use the Rate Stabilization Fund to offset the increase when there were unallocated funds in the budget. He noted that currently $1.4M should be returned to the ratepayers. Mr. Ruane requested that the report entitled "Estimated Savings from Proposed PCA presented 11/22/10 as of 12/3/10" (Exhibit #2), which provides the estimated savings for the various customer classes, be included in the record. On a call for the question, the motion to amend Proposed Ordinance #2010-30 - Budget Amendments, so that $1,451,589 (Prior Year Balance), shown on Line 197 (page 6 of 12), is reallocated to Line 199 on the same page (Purchase Power Adjustment) for the purpose of providing an additional Power Cost Adjustment (PCA) credit to all rates and classes beginning January 1, 2011 for a six (6) month period, failed by a roll call vote of three (3) yes (Dr. McGlumphy, Mr. Salters, and Mr. Ruane) and six (6) no (Mr. Bonar, Mrs. Russell, Mr. Leary, Mr. McGiffin, Mrs. Williams, and Mr. Hogan).

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 16 The motion for approval of the Committee=s recommendation to approve Proposed Ordinance #2010-30 - Budget Amendments, as presented, and that any necessary changes be considered during the mid-year review was carried by a roll call vote of eight (8) yes (Mr. Bonar, Mrs. Russell, Dr. McGlumphy, Mr. Leary, Mr. McGiffin, Mrs. Williams, Mr. Salters, and Mr. Hogan) and one (1) no (Mr. Ruane). Mr. Leary moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Salters and unanimously carried. SAFETY ADVISORY AND TRANSPORTATION COMMITTEE REPORT - NOVEMBER 24, 2010 The Safety Advisory and Transportation Committee met on November 24, 2010 with Chairwoman Williams presiding. PRESENTATION OF SNOW REMOVAL PLAN FOR 2010/2011 Members were provided with Procedures for Weather Related Emergencies, as included in the City of Dover 2010/2011 Public Services Emergency Plan. Mr. Anthony DePrima, City Manager, advised members that the City has refurbished a 1992 truck from the current fleet and converted it by installing a plow and salter/sander. He stated that, typically, salters and sanders must be loaded in advance of a storm; however, this truck will be available for immediate use. In addition, Mr. DePrima reminded members that during the snow storm in February, the City had to lend vehicles to the Police Department since their patrol vehicles did not operate well in the snow; however, the Police Department has now purchased two (2) 4-wheel drive vehicles. He stated that all of the City=s plows and trucks have been taken to the Fleet Maintenance Shop for renovation and maintenance to assure they are prepared for emergency weather situations. Mr. DePrima advised members that as a result of the snow storms that occurred earlier this year, a meeting with all department heads was held to determine how the City could better prepare for snow emergencies. He noted that several recommendations were implemented and have been incorporated into the Snow Removal Plan (Attachment #1 to the Safety Advisory and Transportation Committee Minutes of November 24, 2010). Mr. Scott Koenig, Public Services Manager/Director of Public Works, reviewed the Procedures for Weather Related Emergencies and noted that the Plan has been posted as public information on the City=s Website (with personal information removed). He advised members that amendments to the Plan were noted in red text. Mr. Koenig reviewed a map of snow routes, which was provided to members. Referring to the Snow Emergency Routes, Mr. Bonar suggested the possibility of the City contacting property owners and realtors to notify tenants who live along snow emergency routes of the requirement to remove vehicles. He also suggested that such a reminder be included on the bottom of City electric bills. Responding, Mr. Koenig stated that there has been discussion related to evaluating the emergency call system to determine if it could identify those who reside along snow emergency routes. Although the City has not notified realtors in the past, he relayed no objections to this suggestion.

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 17 From her experience working in the call center during the snow storms, Mrs. Williams advised members that frequent complaints were received from residents whose driveways were "plowed in" by the City and questioned if the City could notify residents to anticipate this. Responding, Mr. Koenig stated that information could be posted explaining that the City does not conduct private snow removal and that mailboxes and driveways are always obstructed in the course of plowing. Mr. DePrima explained that during heavy snow storms, the center of the roadway is typically plowed first and residents often clear their driveways at that time. City staff then returns to plow the sides of the roadway, which results in snow being pushed into residents= driveways. He stated that during light snowfalls, the City plows the center of the roadway to open the road for two-lane traffic and generally the remaining snow on the sides melts on its own. Responding to Mrs. Williams, Mr. Koenig stated that if staff is made aware of rumors circulating regarding snow removal, they can respond to them immediately and notify the public of the actions being taken by the City. Mr. Bonar commended staff on the improvements made to the Snow Removal Plan and noted that the biggest priority for citizens earlier this year was to "get out" and drive on the roadways, which hindered the City=s snow plowing efforts. He encouraged the Mayor to notify the Police Department that there should be a zero tolerance policy for driving when a snow emergency is in effect and that tickets should be issued to those who do not refrain from driving. Mayor Carey advised members that the State of Delaware has developed a zero tolerance policy in this regard and he requested the City Solicitor to review this policy. He indicated that, upon approval, this information will be made available on the State and City websites. Responding to Mr. Harmon, Mr. Koenig stated that the City has no control over price gouging by private, "out of town" plowers, other than to assure that these individuals have the required contractor licenses; however, this "check and balance" does not occur when the City is under full snow operations. He stated that often the City is not made aware of these situations until the involved individual has left the area. In response to Mrs. Williams, Mr. DePrima stated that the Plan is an administrative document and does not require any further action by the Committee or Council. By consent agenda, Mr. Bonar moved for acceptance of the Safety Advisory and Transportation Committee Report, seconded by Mr. Leary and carried by a unanimous roll call vote. MONTHLY REPORTS - OCTOBER 2010 By motion of Mr. Bonar, seconded by Mr. Leary, the following monthly reports were accepted by consent agenda: Budget Report Chief of Police Report

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 18 City Assessor=s Report City Manager's Report City Planner=s Report Dover Fire Department Report

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 19 CAPITAL INVESTMENT PLAN (CIP) REPORT FOR OCTOBER 2010 By motion of Mr. Bonar, seconded by Mr. Leary, the Monthly Capital Investment Plan (CIP) Report for October 2010 was accepted by consent agenda. AMENDMENT TO 2010 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) ACTION PLAN - PROPOSED RESOLUTION #2010-16 Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members that the City of Dover is entitled to funds through the United States Department of Housing and Urban Development Community Development Block Grant (CDBG) program. The City receives program income through the payoff of loans from the CDBG Program and uncommitted activities, and this program income is reinvested in program activities. Mrs. Townshend stated that Proposed Resolution #2010-16 would allocate unanticipated program income in the amount of $25,087 to projects that were already funded during the fiscal year. Responding to Mr. Ruane, Mrs. Townshend stated that the resultant savings to the General Fund would not be known until later in the fiscal year. She noted that the CDBG program allows for 20% of the allocation and program income to be used for program administration, which does not fully pay for administrative costs. Mrs. Townshend did not anticipate that receipt of the funds would increase the cost of administration. By motion of Mrs. Russell, seconded by Mr. Bonar and, by a unanimous roll call vote, Council adopted Resolution #2010-16, as follows: A RESOLUTION APPROVING THE 2010 COMMUNITY DEVELOPMENT BLOCK GRANT ACTION PLAN AMENDMENT WHEREAS, the City of Dover is entitled to funds through the United States Department of Housing and Urban Development Community Development Block Grant program; and WHEREAS, the City of Dover receives program income through the payoff of loans from the Community Development Block Grant Program and uncommitted activities, and this program income is reinvested in the program activities; and WHEREAS, the City of Dover received unanticipated program income in the amount of $25,087 for the purpose of amending the 2010 Action Plan, in accordance with the United States Department of Housing and Urban Development guidelines, that serves as the primary planning document for identifying and meeting the housing and community development needs for the low and moderate income residents of Dover; and WHEREAS, the City of Dover is in favor of utilizing the Community Development Block Grant funds for the community development purposes in accordance with the National Community

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 20 Development objectives of benefiting low and moderate income families, eliminating slums and blight, and meeting other community development objectives; and WHEREAS, the United States Department of Housing and Urban Development requires the City of Dover to submit a Consolidated Plan and an Action Plan for Application for Federal Assistance including the proposed use of funds and including certain certifications and policies to obtain its $296,526 entitlement; and use of $25,087 in program income for eligible activities; NOW, THEREFORE BE IT RESOLVED THAT THE MAYOR AND COUNCIL OF THE CITY OF DOVER APPROVE THE amendment to the 2010 Community Development Block Grant Action Plan to allocate program income in the amount of $25,087 and authorize its forwarding to the United States Department of Housing and Urban Development for consideration. ADOPTED: DECEMBER 13, 2010 SETTLEMENT OF WARD TRANSFORMER SUIT Mr. Anthony DePrima, City Manager, reminded members that the City of Dover was recently sued because the City contracted with Ward Transformer for the repair and disposal of transformers in the 1970s and 1980s. He stated that Ward Transformer was a company based in Raleigh, North Carolina that repaired, rebuilt, and disposed of electric transformers for their client companies. Mr. DePrima noted that Ward Transformer was irresponsible in the handling of the transformers and, as a result, their site and a neighboring property (known as Estes Trucking Site) were significantly polluted with Polychlorinatead Biphenyl (PCB). He indicated that, under the Superfund law, any company that sent material to the site as customers of Ward Transformer could be held responsible for cleanup costs. Mr. DePrima stated that Consolidated Coal Company, Carolina Power and Light Company, and PCS Phosphate Company were initially found to be the responsible parties and were ordered to perform the cleanup; however, as allowed under the Superfund law, these companies were permitted to sue other users of the facility to help pay the cleanup costs. Mr. DePrima explained that the initial responsible parties have spent approximately $70 million dollars in cleanup and the estimated final cost will be less than $78 million. He stated that this is considered to be a well documented and validated estimate. Mr. DePrima stated that there is documented evidence that the City of Dover sent at least six (6) transformers to the site for repair; therefore, the City of Dover was sued in addition to 115 other parties. Mr. DePrima explained that, given the complexity of the case, the judge assigned, and the evidence of the City=s clear use of the Ward site, the City attorney advised to strongly consider a settlement offer of $279,640. He noted that this amount was based on the number of transformer points assigned to the City (2.9), which was then used to calculate the City=s fractional share (0.004160688) of the $78 million cleanup cost. Mr. DePrima stated that if the cost exceeds $78 million, the City will have to pay an additional amount based on its fractional share. He noted

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 21 that there are two (2) other areas (OU1 & OU2) polluted by the Ward site that are not included in this settlement. Mr. DePrima explained that these areas are offsite and include adjacent river and lake beds that have been polluted from runoff. He stated that the estimated cost of this additional cleanup is $12 million; however, to date, the City has not been brought into any suits related to this area. Mr. DePrima stated that the City has a contingency reserve in the Electric Fund specifically set up for one-time, nonrecurring expenses, with $1,071,054 currently in the account. He explained that the City=s existing policy requires that funds expended from this account be replenished within three (3) years. Mr. DePrima noted that if funds from this account were utilized for the settlement, they could be replenished during the mid-year budget review. He stated that the legal expenses involved in the suit, to date, total $21,429.89 and suggested that these expenses also be paid from the contingency fund. Mr. Leary moved to authorize the City Manager to sign a settlement agreement in the Ward Transformer suit in the amount of $279,640, with funds for this settlement and associated legal costs to come from the Electric Contingency Fund. The motion was seconded by Mr. Salters and carried by a unanimous roll call vote. Responding to Mrs. Williams, Mrs. Donna Mitchell, Controller/Treasurer, stated that the audited financial statements are available in February. Mrs. Williams requested that the mid-year review be held before the end of February. EVALUATION OF BIDS - BAYARD AVENUE PIPE MATERIALS - WATER QUALITY Mr. Anthony DePrima, City Manager, advised members that as part of the proposed Water Quality Improvements to the City of Dover=s water system, the Public Utilities Department is upgrading the existing water main for Bayard Avenue, Greenhill Road, and Bayard Avenue Alley. He indicated that this bid will supply the major water line materials to complete this portion of the project. Subsequent bids will include fill material (stone, select backfill, etc.), paving materials/contractor, and a jack and bore operation to be installed by a contractor. Mr. DePrima noted that this activity is being performed as identified in the Utilities Water Quality Evaluation performed on the water system and will be installed by the Public Utilities Construction Crew. Mr. DePrima stated that bids were advertised for according to City Policy by the City=s Purchasing Agent (Bid #11-0030DPU) and that the City received three (3) bid responses. He noted that, due to Local Vendor Preference, the bid submitted by Dover Plumbing Supply was reduced by 3% to $216,587.40, making it the lowest priced bid. Staff recommended awarding the bid to Dover Plumbing Supply, for the amount of $223,285.98. Mr. Ruane moved for approval of staff=s recommendation, seconded by Dr. McGlumphy and carried by a unanimous roll call vote. EVALUATION OF BIDS - BAYARD AVENUE FILL MATERIALS - WATER QUALITY

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 22 Mr. Anthony DePrima, City Manager, noted that as part of the proposed Water Quality Improvements to the City of Dover=s water system, the Public Utilities Department is upgrading the existing water main for Bayard Avenue, Greenhill Road, and Bayard Avenue Alley. He indicated that this bid will supply the fill material (stone, select backfill, etc.) to complete this portion of the project. Subsequent bids will include paving materials/contractor, major water line materials and a jack and bore operation to be installed by a contractor. Mr. DePrima noted that his activity is being performed as identified in the Utilities Water Quality Evaluation performed on the water system and will be installed by the Public Utilities Construction Crew. Mr. DePrima stated that bids were advertised for according to City Policy by the City=s Purchasing Agent (Bid #11-0029DPU) and that the City received three (3) bid responses; however, one (1) of the bids was deemed non-responsive, as the bidder did not supply pricing for all the items. Staff recommended awarding the bid to the lowest bidder, Pioneer Materials, for the amount of $41,307.50. Mr. Ruane moved for approval of staff=s recommendation, seconded by Dr. McGlumphy and carried by a unanimous roll call vote. ELECTION OF OFFICERS - ROBBINS HOSE COMPANY - YEAR 2011 FIRE LINE OFFICERS The Fire Line Officers of the Robbins Hose Company are elected annually on the third Monday of November. Members were provided the results from the November 15, 2010 Robbins Hose Company Election for consideration as follows: Fire Chief - Jack Fortney (Unopposed) Deputy Fire Chief - Patrick West (Unopposed) First Assistant Fire Chief - David Carey Second Assistant Fire Chief - Michael O=Connor, Jr. (Unopposed) Third Assistant Fire Chief - Joseph Simmons Fourth Assistant Fire Chief - Carl Troubetaris, Sr. First Fire Line Captain - David Knight Second Fire Line Captain - Mark Hall By consent agenda, Mr. Bonar moved for acceptance of the Fire Line Officers for Robbins Hose Company for the Year 2011 as submitted. The motion was seconded by Mr. Leary and carried by a unanimous roll call vote. REZONING REQUEST/FIRST READING OF PROPOSED ORDINANCE #2010-31 - 293 SAULSBURY ROAD, OWNED BY F & B PROPERTIES A request was received to rezone property located at 293 Saulsbury Road, consisting of 3.64+/- acres, owned by F & B Properties. The property is currently zoned C-3 (Service Commercial

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 23 Zone) and subject to COZ-1 (Corridor Overlay Zone) and the requested zoning is C-2A (Limited Central Commercial Zone) and subject to COZ-1 (Corridor Overlay Zone). The subject property is located on the northeast corner of the intersection of Saulsbury Road and North Street. (The Tax Parcel is ED05-076.11-01-43.00-000 and the Planning Reference is Z-11-01.) Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members that the property is currently occupied by a trucking company and the proposed use is a bank, and a gas station with a convenience store. Responding to Mr. Bonar, Mrs. Townshend stated that any remediation necessary due to the trucking company use would be the property owner=s responsibility. Mr. Salters stated that some residents in his district have objected to the proposed use and he strenuously objected to situating a gas station so close to the residents of Simon Circle. He recommended that a wide buffer be provided if a gas station is located on the property. Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required. By motion of Dr. McGlumphy, seconded by Mr. Bonar, and with Mr. Salters voting no, Council referred the request to the Planning Commission for January 18, 2011 and set a Public Hearing for February 14, 2011 at 7:30 p.m. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of Proposed Ordinance #2010-31 as read by the City Clerk, by title only, as follows: AN ORDINANCE AMENDING THE ZONING ORDINANCE AND ZONING MAP OF THE CITY OF DOVER BY CHANGING THE ZONING DESIGNATION OF PROPERTY LOCATED AT 293 SAULSBURY ROAD. FIRST READING - PROPOSED ORDINANCE #2010-30 - BUDGET AMENDMENTS 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 January 10, 2011. 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 #2010-30 - Budget Amendments COUNCIL MEMBERS ANNOUNCEMENTS Council President Hogan reminded members that all Council and Committee meetings for the week of December 27, 2010 have been cancelled due to the holidays.

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 24 Council President Hogan noted that this was the last meeting for Fire Chief Sean Christiansen and that the new Chief, Jack Fortney, would be assuming office in January. Mr. Ruane noted that when Chief Christiansen began as Fire Chief, the relationship between City Council and the Fire Department was strained and that the Chief made a "terrific effort" to improve the relationship. He stated that Chief Christiansen has innovatively involved Council members directly by training them and showing them what it is really like to be in a burning building. Mr. Ruane stated that Council appreciates and commends Chief Christiansen for his hard work. Mr. Salters wished the citizens of Dover a Merry Christmas. Mr. McGiffin announced that Santa Claus would be traveling with the Dover Fire Department on Tuesday, Wednesday, and Thursday evenings from 5:30 - 9:00 p.m. and Saturday afternoon. He noted that more information was available at www.DoverFire.org. Mr. Bonar stated that Fire Chief Christiansen exemplifies what is right about the volunteer fire service in Delaware and that, historically, the fire service has been handed down from grandfather, to father, to son. He noted that it is very difficult in today=s economy for employers to volunteer the time necessary to staff the fire service and that volunteers save the City many tax dollars by providing the fire service. Mrs. Russell announced that there would be a holiday party for youth on Saturday, December 18, 2010 at Whatcoat Church on Saulsbury Road from 1:00 - 3:00 p.m. Dr. McGlumphy thanked Chief Christiansen for his service and wished incoming Chief Fortney the best. By unanimous consent, the Meeting Adjourned at 8:26 P.M. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of December 13, 2010, are hereby approved. CARLETON E. CAREY, SR.

CITY COUNCIL MEETING OF DECEMBER 13, 2010 PAGE 25 MAYOR /TM S:\ClerksOffice\Agendas&Minutes\Council-Minutes\2005\08-22-2005 Council.wpd Exhibits Attached to Original Minutes and File Copy Exhibit #1 - Petition to Amend Zoning District for Properties located at 1016 and 1022 College Road Exhibit #2 - "Estimated Savings from Proposed PCA presented 11/22/10 as of 12/3/10"

EXHIBIT #1 Council Meeting of 12/13/2010 PETITION TO AMEND ZONING DISTRICT Before the Dover City Council December 13, 2010 Applicants/Owners: Grace Presbyterian Church Address: 1022 and 1016 College Road, Dover Location: South side of College Road, west of the intersection with McKee Road Tax Parcel ID #s: ED05-067.14-01-69.00 and ED05-067.14-01-69.01 Size: 1.0044+/- acres (43,750 S.F.) Present Use: Single family detached dwelling Proposed Use: Sunday school/youth activities Comprehensive Plan Designation: Office Present Zoning: CPO (Commercial/Professional Office Zone) COZ-1 (Corridor Overlay Zone) [portion] Proposed Zoning: IO (Institutional and Office Zone) Planning Commission Recommendation: Following a public hearing before the Planning Commission on November 15, 2010, the Planning Commission recommended approval of the request to change the zoning of the subject property from CPO (Commercial/Professional Office Zone) and partially zoned COZ-1 (Corridor Overlay Zone) to IO (Institutional and Office Zone), with five members voting in favor and four members absent. File Number: Z-10-08

This rezoning application consists of two parcels of land owned by the Grace Presbyterian Church. The parcels are a total of 1.004 acres ±. The property is currently zoned CPO (Commercial/Professional Office Zone), with a portion subject to the COZ-1 (Corridor Overlay Zone). The proposed zoning is IO (Institutional and Office Zone). The subject area is located on the south side of College Road, west of the intersection with McKee Road. Tax Parcels: ED05- 067.14-01-69.00-000 and ED05-067.14-01-69.01-000 Existing Property: The subject parcel is currently single family residence, which is a non-conforming use in the CPO (Commercial/Professional Office) zone. Surrounding Land Uses: There are a variety of different zonings and land uses surrounding the subject properties. To the northeast the properties are zoned CPO and are office uses. The properties to the south east are owned by the Grace Presbyterian Church (the applicants), are zoned IO, and are used for religious institutions. The properties to the west and northwest are zoned residential (RG-2 and R-8) and are used for residential purposes. The property directly to the west is currently under development review as the Arbors Condominiums. Comprehensive Plan: In the 2008 Comprehensive Plan, the Land Development Plan (Map 12-1 as amended, dated 11/23/2009) recommends that this property be used for Office Uses. The requested IO zoning is consistent with this category of uses, as is the current CPO zoning. A portion of this property was rezoned from R-10 (One Family Residence Zone) to CPO as a part of the 2009 Comprehensive Rezoning Project. Request for IO (Institutional and Office Zone) The types of permitted uses in the IO zone are given Article 3 §10 of the Zoning Ordinance. The permitted uses include: business, professional, or governmental offices, and research, design and development laboratories, located entirely within a building on the same lot therewith, including incidental clinics, cafeterias, and recreational facilities for the exclusive use of company employees; public and institutional uses including hospitals, sanitariums for general medical care, medical clinics, libraries, police stations, courthouses, transit centers, motor vehicle storage and repair facilities accessory to a public or institutional use, schools, colleges and universities, places of worship, philanthropic and eleemosynary institutions, parks, playgrounds, indoor recreation centers, civic centers, athletic fields and public utility rights-of-way and structures necessary to serve areas within the city; restaurants accessory to permitted uses located on the same lot; and day care centers with conditions. The following uses are Conditional Uses: firearm ranges, prisons and correctional facilities, public incinerators and hotels and restaurants. Article 4, Section 4.15 of the Zoning Ordinance address bulk standards for the IO Zone. The bulk standards are as follows: IO (Institutional and Office Zone) Minimum required: Lot area

Z-10-08 Lands of Grace Presbyterian Church Report to City Council December 13, 2010 Page 3 Lot width (ft.) 50 Lot depth (ft.) 100 Front yard (ft.) 20 Side yard (ft.) 10 Rear yard (ft.) 15 ft. or equal to the building height Side or rear yards which adjoin a 30 residence zone (ft.) Off-street parking Per 300 sq. ft. floor area or 1 Per employee (whichever is greater) 1 Maximum permitted: Building height Stories 10 Feet 130 Floor area ratio 4.0 Lot Coverage 85% Recommendation of the Planning Staff and Planning Commission: This request is to rezone land from CPO (Commercial/Professional Office Zone) and subject to the COZ-1 (Corridor Overlay Zone) to IO (Institutional and Office Zone). Parcel ED05-067.14- 01-69.00 is currently subject to the COZ-1 as it is split by the zoning boundary. As part of this application, this parcel will no longer be subject to the COZ-1 as the property is not truly facing into the corridor and the requirements for the corridor in this location complicate development of the parcel without any of the intended benefit of the corridor zoning. The zoning requested is consistent with the 2008 Comprehensive Plan as amended 2009 and it is compatible with the surrounding land uses and zoning classifications. For this reason, staff supports the rezoning request. The proposed use of the property, as a Sunday school and youth activities center would be permitted under the IO zone. Staff recommendation was made prior to public hearing on the proposed rezoning. Following a public hearing before the Planning Commission on November 15, 2010, where no members of the public spoke in favor of or in opposition to the proposed rezoning the Planning Commission recommended approval of the request to change the zoning of the subject property from CPO (Commercial/Professional Office Zone) and subject to the COZ-1 (Corridor Overlay Zone) to IO (Institutional and Office Zone), with five members voting in favor and four members absent from voting. The following is an excerpt from the minutes of the Planning Commission hearing on this matter: Z-10-08 Lands of Grace Presbyterian Church at 1022 and 1016 College Road - Public Hearing and Recommendation to City Council on a rezoning application consisting of two parcels of land consisting of a total of 1.004 acres ±. The property is currently zoned CPO (Commercial/Professional Office Zone) and

Z-10-08 Lands of Grace Presbyterian Church Report to City Council December 13, 2010 Page 4 partially zoned COZ-1 (Corridor Overlay Zone). The proposed zoning is IO (Institutional and Office Zone). The subject property is located on the south side of College Road, west of the intersection with McKee Road. The owner of record is Grace Presbyterian Church. Property Address: 1022 and 1016 College Road. Tax Parcels: ED05-067.14-01-69.00-000 and ED05-067.14-01-69.01-000. Council District 4. Representative: Pastor Rick Barr, Grace Presbyterian Church. Mrs. Townshend provided an overview of the application. Mr. Tolbert stated that according to his information, there is an unpaid tax issue at this time. Should this be a part of this hearing? Responding to Mr. Tolbert, Mrs. Townshend stated that at this point, the applicant has worked with the Tax Assessors Office and will be meeting with the Appeals Committee in the near future for tax exemption. Frequently, churches and their properties are exempt from property taxes so they will go through that process which will take place prior to the City Council meeting for action on this application. Staff will encourage City Council to not take action on this application until this matter has been resolved. Pastor Barr stated that if it is granted, then there will be no taxes due; however, if it is not granted, they will pay the taxes owed on the property. Mr. Tolbert moved to forward recommendation of approval to City Council for application Z-10-08 Lands of Grace Presbyterian Church located at 1022 and 1016 College Road, seconded by Mr. Ambruso and the motion carried 5-4 with Colonel Welsh, Mr. Friedman, Mr. Holt, and Mr. Baldwin absent.

City of Dover Application No.: Z-10-08 Department of Planning & Inspections E AR U SQ R-8 OLL EG E C C-2A AD O M R OLL CK EG E EE RO AD C CPO RG-2 Site IO RG-3 R-10 ROS Plan Title: Lands of Grace Presbyterian Church Legend Location: 1022 & 1016 College Road Plan Type: Rezoning Dover Parcels Tax Parcels: ED05-067.14-01-69.00 and ED05-067.14-01-69.01 Current Zoning: CPO and COZ-1 Zoning Proposed Zoning: IO Corridor Overlay Zone Owner: Grace Presbyterian Church Date: 10-14-10 0 110 220 440 Feet «

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: OCTOBER 28, 2010 APPLICATION: Lands of Grace Presbyterian Church 1022 & 1016 College Road FILE #: Z-10-08 REVIEWING AGENCY: City of Dover Public Utilities Department CONTACT PERSON: Steve Enss - Electric Sharon Duca, P.E. - Water, Wastewater, Stormwater CONTACT PHONE #: 302-736-7070 T HE S UBJECT P ROPOSAL HAS BEEN R EVIEWED FOR C ODE C OMPLIANCE , P LAN C ONFORMITY AND C OMPLETENESS IN A CCORDANCE WITH THIS A GENCY ’ S A UTHORITY AND A REA OF E XPERTISE . T HE F OLLOWING I TEMS HAVE BEEN I DENTIFIED AS E LEMENTS W HICH N EED TO BE A DDRESSED BY THE A PPLICANT : CITY AND STATE CODE REQUIREMENTS ELECTRIC / WATER / WASTEWATER 1. Our office has no objection to the rezoning of tax parcels ED05-067.14-01-69.00-000 and ED05-067.14-01-69.01-000. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER 1. None. ADVISORY COMMENTS TO THE APPLICANT ELECTRIC 1. None. WATER / WASTEWATER 1. Should this site be redeveloped, which includes modifications to the use, the applicant / developer will be responsible for all costs associated with providing the appropriate service to this site based upon the use including any necessary system upgrades or extensions. The appropriateness and adequacy of water and sewer services and meters will be assessed at that time. Should the existing services no longer be required based upon the proposed use, they must be properly abandoned at the mains in accordance with all City of Dover Public Utilities Department standards and specifications. I F Y OU H AVE A NY Q UESTIONS OR N EED TO D ISCUSS ANY OF THE A BOVE C OMMENTS , P LEASE C ALL THE A BOVE C ONTACT P ERSON AND THE P LANNING D EPARTMENT AS S OON AS P OSSIBLE .

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY PLANNING COMMISSION MEETING: NOVEMBER, 2010 APPLICATION: Lands of Grace Presbyterian Church FILE #: C-10-03 REVIEWING AGENCY: Kent Conservation Disrict CONTACT PERSON: David C. Cahill PHONE #: 741-2600 ext.3 THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY’S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY AND STATE CODE REQUIREMENTS: 1. Kent Conservation District has no objection to re-zoning of the site plan for the above referenced site. ADVISORY COMMENTS TO THE APPLICANT: The Following comments are advisory and apply to the development of a detailed site plan for this project. 1. If at any time expansion or earth disturbing activity (clearing, grubbing tree clearing etc.) takes place and exceeds 5000 square feet; a detailed Sediment and Stormwater Management Plan must be submitted and approved to the Kent Conversation District.

CITY OF DOVER D E DEVELOPMENT ADVISORY COMMITTEE L APPLICATION REVIEW COMMENTARY D O D.A.C. MEETING DATE: October 28, 2010 T =============================================================== APPLICATION: Lands of Grace Presbyterian Church at 1022 and 1016 College Road FILE#: Z-10-08 REVIEWING AGENCY: DelDOT CONTACT PERSON: Julio F. Seneus PHONE#: 760-2145 =============================================================== THE SUBJECT PROPOSAL HAS BEEN REVIEWED FOR CODE COMPLIANCE, PLAN CONFORMITY AND COMPLETENESS IN ACCORDANCE WITH THIS AGENCY'S AUTHORITY AND AREA OF EXPERTISE. THE FOLLOWING ITEMS HAVE BEEN IDENTIFIED AS ELEMENTS WHICH NEED TO BE ADDRESSED BY THE APPLICANT: CITY & STATE CODE REQUIREMENTS: RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES: ADVISORY COMMENTS TO THE APPLICANT: 1. The department will require the applicant to provide the proper forms, fees, and plans in order to be issued an entrance permit. 2. According to Kent County Classification Maps, KCR 91 (College Road) is classified as a minor arterial road, which requires an 80-foot wide right of way (40-feet from the centerline). The department will require a Right-of-Way dedication for public use. 3. A Traffic Impact Study (TIS) will be required if the proposed development exceeds 50 VPH or 400 VPD.When the study is completed, DelDOT will review it and send recommendations for the improvements to the County. The improvements contained in the study will be implemented by the developer per DelDOT's discretion. Please, contact Mr. Troy Brestel at (302) 760-2167 or e-mail: Troy.Brestel@state.de.us to set up a scoping meeting for this project. 4. If the proposed development exceeds 200 ADT a pre-submittal meeting will be required prior to submitting plans for review. If you have any questions or need to discuss any of the above comments, please call the above contact person and the planning department as soon as possible.

EXHIBIT #2 Council Meeting of 12/13/2010 Estimated Savings from Proposed PCA presented 11/22/10 as of 12/3/10 Current PCA Proposed PCA Additional Credit $ (0.00280) $ (0.00735) $ (0.00455) Estimated Annual Estimated kWh based on Estimated Savings Annualized Monthly Average kWh average Thru June Savings Residential 1,000 12,000 $ (27.30) $ (54.60) Small Commercial 1,190 14,280 $ (32.49) $ (64.97) Medium Commercial 4,168 50,016 $ (113.79) $ (227.57) Large Commercial 27,820 333,840 $ (759.49) $ (1,518.97) Primary 253,900 3,046,800 $ (6,931.47) $ (13,862.94) Industrial 5,628,404 67,540,848 $ (153,655.43) $ (307,310.86)