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REGULAR COUNCIL MEETING AGENDA AUGUST 13, 2012 - 7:30 P.M. CITY HALL COUNCIL CHAMBERS 15 LOOCKERMAN PLAZA DOVER, DELAWARE OPEN FORUM - 15 MINUTES PRIOR TO OFFICIAL MEETING (7:15 P.M.) The “Open Forum” segment is provided to extend the opportunity to the general public to share their questions, thoughts, comments, concerns, and complaints. Discussion of any item appearing on the agenda as a public hearing is prohibited during the Open Forum as an opportunity will be provided during consideration of that item. Citizen comments are limited to three (3) minutes. Council is prohibited from taking action since they are not in official session; however, they may schedule such items as regular agenda items and act upon them in the future. INVOCATION BY CHAPLAIN JAKE McCREADY PLEDGE OF ALLEGIANCE LED BY COUNCIL PRESIDENT LEARY AGENDA ADDITIONS/DELETIONS * CONSENT AGENDA Those items on the Council Agenda which are considered routine and non-controversial shall be marked with an asterisk (*) and will be acted upon by a single roll call vote of the Council. There will be no separate discussion of these items unless a member of Council so requests, in which event the matter shall be removed from the Consent Agenda and considered a separate item. * 1. Adoption of Minutes - Regular Council Meeting of July 23, 2012 2. Presentation - Recognition of Service - John J. Friedman - Planning Commission (August 1992 through June 2012) 3. Presentation by Dover/Kent County Metropolitan Planning Organization (MPO) - Delaware Bike Summit 4. Public Hearing/First Reading - Ordinance #2012-20 - Reapportionment of District Boundaries A Public Hearing/First Reading is offered on the following proposed ordinance. A Public Hearing/Second Reading and Final action by Council will take place on August 27, 2012 at 7:30 p.m. Copies of all proposed ordinances are available at the entrance of the Council Chambers or can be obtained from the City Clerk's Office. A. Chapter 2 - Administration, Article II - City Council, Division 1 - Generally, Section 2-31 - District Boundaries

Council Agenda - August 13, 2012 Page 2 5. Public Hearing/Final Reading - Proposed Zoning Text Amendments The First Reading of the following proposed ordinances was accomplished during the Council Meeting of June 25, 2012. Copies of the proposed ordinances are available at the entrance of the Council Chambers. A. Ordinance #2012-13 - Amendment to Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations B. Ordinance #2012-14 - Amendment to Appendix B - Zoning, Article 3 - District Regulations, Section 23 - Agricultural Zone (A) C. Ordinance #2012-15 - Amendment to Appendix B - Zoning, Article 3 - District Regulations, Section 9 - General Residence and Office Zoning (RGO) * 6. Utility Committee Report - July 23, 2012 A. Proposed Resolution No. 2012-11 - Adoption of the American Public Power Association (APPA) Safety Manual (Committee Recommended Adoption of Proposed Resolution #2012-11) B. Presentation - Energy Commodity Risk Management Policy Modifications (The Energy Authority) (Committee Took No Action) C. Review of Utility Related CIP's (Electric and Water/Wastewater) (Committee Action Not Required) D. Update - Garrison Oak Technical Park (Committee Action Not Required) * 7. Legislative, Finance, and Administration Committee Report - July 23, 2012 A. Proposed Amendments to Ground Lease Agreement Between Calpine and the City of Dover (Committee Recommended Approval of the Revised Ground Lease Agreement with the Garrison Energy Center, LLC (Calpine) as Presented) B. Review of Grant Application - Two-Way 800 MHz Radios - Fire Marshal's Office (Committee Recommended That Staff Be Authorized to Complete the Project and Request Reimbursement from the Delaware Emergency Management Agency (DEMA) for All Costs Associated with the Purchase of Two-Way 800 MHz Radios and Accessories) * 8. Monthly Reports - June 2012 A. Chief of Police D. City Planner B. City Assessor E. Dover Fire Department C. City Manager F. Capital Investment Plan (CIP) 9. Revision to Garrison Oak Technical Park Professional Services Contract 10. Evaluation of Bids - Distribution Capacitor and Controls - RFL Electronics Multiplexers * 11. Appointments/Reappointments Recommended by Mayor Carey A. Dover Public Library Commission - Zachery Carter - Five (5) Year Term to Expire June 16, 2017 (To Fill Unexpired Term of Edward J. Hynes) B. Dover Housing Authority - Enrico LePore - Six (6) Year Term to Expire August 15, 2018 (Reappointment) C. Ethics Commission - Andrew S. Moreland - Five (5) Year Term to Expire July 31, 2017 (To Fill the Expired Term of Dennis K. Jones) 12. Council Members Announcements /tm S:\AGENDAS-MINUTES-PACKETS\Council-Agendas\2012\08-13-2012.wpd THE AGENDA ITEMS AS LISTED MAY NOT BE CONSIDERED IN SEQUENCE. THIS AGENDA IS SUBJECT TO CHANGE TO INCLUDE THE ADDITION OR THE DELETION OF ITEMS, INCLUDING EXECUTIVE SESSIONS.

REGULAR COUNCIL MEETING The Regular Council Meeting was held on July 23, 2012 at 7:30 p.m. with Council President Leary presiding. Council members present were Mr. Anderson, Mrs. Russell, Mr. Perza, Mr. Bonar, Mrs. Williams, Mr. Hare, and Mr. Hutchison. Mr. Lynn was absent. Council staff members present were Police Chief Hosfelt, Mrs. Mitchell, Mrs. Townshend, Fire Chief Fortney, Mr. Koenig, 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 Leary declared the Open Forum in session and reminded those present that Council was not in official session and could not take formal action. Mr. Sherman Townsend, 539 Pennsylvania Avenue, advised members of a situation that occurred approximately a week prior regarding a City employee who made a decision to open the valve on Silver Lake. He stated that it appeared that the level of water in the lake was lowered approximately three (3) feet and, since the previous depth was approximately six (6) feet, half of the lake’s water was gone. It was his understanding that the employee who made the decision was attempting to salvage fish that were dying in Mirror Lake below the dam. Mr. Townsend stated that he contacted members of the Silver Lake Commission (having previously served as a member) who indicated that they had no knowledge of the lowering of the water level. He also noted that the Department of Natural Resources and Environmental Control (DNREC) had been extremely cautious over the years regarding the timing of the opening of the valve and that this was never done until some time in late October for various reasons. With only approximately three (3) feet of water in the lake and the likelihood that there would not be significant rainfall in July or August, Mr. Townsend stated that there had already been a significant explosion of algae bloom, which he felt would continue to be a problem. As a result, he predicted a significant fish kill within the next three (3) to four (4) weeks in the lake. He explained that the algae would use up oxygen, making it difficult for fish to survive. It was his understanding that the City Manager was not made aware of the lake lowering, which he felt was a major concern. He indicated that there would be significant environmental repercussions as a result of this action and requested that the City investigate this matter to determine who the employee was who took this action, why it was done, and who authorized the action and then take appropriate action. He felt that if a citizen were to take such action, they would be fined several thousand dollars. Mr. Bonar requested that this matter be placed on the agenda for the next Parks, Recreation, and Community Enhancement Committee meeting to allow staff to provide members an update. The invocation was given by Chaplain Dixon, followed by the Pledge of Allegiance. AGENDA ADDITIONS/DELETIONS Mr. Hutchison moved for approval of the agenda as presented, seconded by Mr. Bonar and unanimously carried.

CITY COUNCIL MEETING OF JULY 23, 2012 PAGE 2 Mr. Anderson requested that Item #5-B - Requisite Legal Work for Proposed Rent Justification Ordinance, be removed from the Consent Agenda. Mr. Bonar moved for approval of the consent agenda as amended, seconded by Mr. Hutchison and carried by a unanimous roll call vote (Mr. Lynn absent). ADOPTION OF MINUTES - REGULAR COUNCIL MEETING OF JULY 9, 2012 The Minutes of the Regular Council Meeting of July 9, 2012 were unanimously approved by motion of Mr. Bonar, seconded by Mr. Hutchison and bore the written approval of Mayor Carey. PRESENTATION - COMMUNITY BLUEPRINT NETWORK Ms. Michelle Lee, American Legion Auxiliary/Americorps Volunteers in Service to America (VISTA) Member, Community Blueprint Field Organizer, reviewed a Presentation - Community Blueprint Network and provided a program information sheet (Exhibit #1). She introduced her partner, Col. Ronald G. Sarg, USAF (Retired), Military Officers Association of America. In response to Mr. Anderson, Ms. Lee suggested that those wishing to join in the effort or obtain additional information contact her directly and noted that there were several related upcoming events scheduled. Responding to Mr. Hutchison, Ms. Lee stated that a meeting was scheduled for August 21, 2012 at the New Castle County Building and it was hoped that all three (3) counties would come together to collaborate on these efforts. Mr. Hutchison suggested that three (3) separate locations be identified, one (1) for each of the counties, and that a leadership team be built in each county to support these goals. VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - PROPERTY LOCATED AT 827 TOWNSEND BOULEVARD (POOL), OWNED BY JENNIFER E. BROWN During their Regular Meeting of June 25, 2012, City Council considered a violation of the dangerous building ordinance for property located at 827 Townsend Boulevard (pool), owned by Jennifer E. Brown. At that time, members tabled action for 30 days and if, at the end of that time, sufficient progress had not been made, as determined by the Inspections Department, staff would proceed with demolition. Mr. Bonar moved to remove the matter from the table, seconded by Mr. Anderson and unanimously carried. Mrs. Ann Marie Townshend, Director of Planning and Community Development, advised members that staff had conducted an inspection and observed the pool holding water; however, they questioned if the pump was functioning. She advised members that she visited the property earlier in the day and noted that there was water in the pool, the pump was running, and the homeowner had arranged for additional work to be conducted the following day. As a result, she stated that the pool appeared to be operational and the violations previously reported had been corrected.

CITY COUNCIL MEETING OF JULY 23, 2012 PAGE 3 Mr. Anderson moved to accept staff’s report, seconded by Mr. Bonar and carried by a unanimous roll call vote (Mr. Lynn absent). PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - 345 AND 347 NORTHDOWN DRIVE - CHESAPEAKE HOLDINGS, WV VI, LLC A public hearing was duly advertised for this time and place to consider a violation of the Dangerous Building Ordinance at 345 and 347 Northdown Drive, owned by Chesapeake Holdings, WV VI, LLC. Mrs. Ann Marie Townshend, Director of Planning and Community Development, stated that the properties consist of two (2) three (3) story, wood-framed townhouse units. The dwellings were condemned as unfit for human habitation due to having no electrical service, incomplete construction, and for the various degrees of deterioration of the structures. The units were the middle units in a group of six (6) townhouses. Currently, the structures remained vacant, with no utilities, and were in a serious state of disrepair. Mrs. Townshend provided a chronological history and presentation on the conditions of the properties located at 345 and 347 Northdown Drive (Exhibit #2). Staff recommended that City Council: 1) declare these buildings and all accessory structures on these properties dangerous; 2) order the properties repaired by August 23, 2012 by the owner or equity owner at their own risk; 3) order the Building Inspector to cause the repair of the exterior of the structures if not completed by the owner within 10 days of the date established by City Council; and 4) order the City Manager, with the assistance of the City Solicitor, to cause the cost of repairs to be charged against the land on which the buildings exist as a municipal lien, or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner. Mrs. Townshend provided an estimated repair cost of $4,000-7,000. In response to Mrs. Williams, Mrs. Townshend indicated that although staff had not accessed the townhouses to conduct an interior inspection, it was their observation that there were no issues with the interior of the units. Since the vacant building fees had been received and the bank had been cooperating with the City, she stated that, should the necessary repairs not be completed by August 23, 2012, staff would conduct an interior inspection. She advised members that these units had not been found to be unsecured, as some other properties were. Responding to Mr. Perza, Mrs. Townshend stated that there were delinquent taxes on all properties being presented. She stated that staff had been in contact with M&T Bank for over one (1) year and that they indicated a desire to consider all of their options. She stated that the Bank had already foreclosed and repossessed the properties. She felt that the Bank could make the necessary repairs and sell the properties and explained that the challenge was that these were interior units. She advised members that the State statute allows only for liens on exterior repairs. She felt confident that the cost of removing the decks and repairing siding would be less than the $4,000 estimate. Council President Leary declared the public hearing open. There being no one present wishing to speak Council President Leary declared the public hearing closed.

CITY COUNCIL MEETING OF JULY 23, 2012 PAGE 4 Mr. Bonar moved that the structures located at 345 and 347 Northdown Drive be declared dangerous buildings and subject to demolition, as recommended by staff. The motion was seconded by Mr. Anderson and carried by a unanimous roll call vote (Mr. Lynn absent). PUBLIC HEARING - VIOLATION OF THE DANGEROUS BUILDING ORDINANCE - 357, 361, 365, AND 408 NORTHDOWN DRIVE - CHESAPEAKE HOLDINGS, WV VI, LLC A public hearing was duly advertised for this time and place to consider violations of the Dangerous Building Ordinance at 357, 361, 365, and 408 Northdown Drive, owned by Chesapeake Holdings, WV VI, LLC. Mrs. Ann Marie Townshend, Director of Planning and Community Development, stated that the properties consists of two (2) story, wood-framed, single-family homes. The dwellings were condemned as unfit for human habitation due to having no electrical service, incomplete construction, and to the various degrees of deterioration of the structures. Some of the homes had standing water in the basement and Tyvek blowing in the wind, with others being infested by birds, causing unsanitary conditions. She noted that the structures were currently vacant, with no utilities, and in a serious state of disrepair. Mrs. Townshend provided a chronological history and presentation on the conditions of the properties located at 357, 361, 365, and 408 Northdown Drive (Exhibit #3). Staff recommended that City Council: 1) declare these buildings and all accessory structures on these properties dangerous; 2) order the properties repaired or demolished by August 23, 2012 by the owner or equity owner at their own risk; 3) order the Building Inspector to cause the repair or demolition of the structures if not completed by the owner within 10 days of the date established by City Council; and 4) order the City Manager, with the assistance of the City Solicitor, to cause the cost of repairs or demolition to be charged against the land on which the buildings exist as a municipal lien, or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner. Mrs. Townshend provided an estimated repair cost of $40,000-50,000. Council President Leary declared the public hearing open. Mr. Jason Gardner, 360 Northdown Drive, stated that he had been working with the City for the past three (3) years regarding these vacated buildings, during which time he observed deterioration and vandalism to the properties. He stated that his home had been on the market for the past 10 months and, although there had been several showings to people who felt that the price was right and the home was beautiful, one of these “eyesores” is located directly across the street and potential home buyers are not interested. He stated his support for staff’s recommendation and requested that members take action as soon as possible, since these homes are preventing the sale of his house. There being no one else wishing to speak during the public hearing, Council President Leary declared the public hearing closed. Mrs. Williams moved that the structures located at 357, 361, 365, and 408 Northdown Drive be declared dangerous buildings and subject to demolition, as recommended by staff. The motion was seconded by Mr. Perza and carried by a unanimous roll call vote (Mr. Lynn absent).

CITY COUNCIL MEETING OF JULY 23, 2012 PAGE 5 LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE REPORT - JULY 9, 2012 The Legislative, Finance, and Administration Committee met on July 9, 2012 with Chairman Hare presiding. Review and Recommendation - Filling Critical Positions - Police Clerk II - Police Department Police Chief James Hosfelt reviewed a request to fill a Police Clerk II position at the Dover Police Department. He advised members that the vacancy was created by the retirement of an employee at the end of the previous fiscal year. The Committee recommended approval of the request to fill the Police Clerk II position, as recommended by staff. By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mr. Hutchison and carried by a unanimous roll call vote (Mr. Lynn absent). Review and Recommendation - Filling Critical Positions - 911 Dispatcher - Police Department Police Chief James Hosfelt reviewed a request to fill a 911 Dispatcher position at the Dover Police Department. He advised members that the vacancy was created due to the previous dispatcher being hired as a Police recruit. The Committee recommended approval of the request to fill the 911 Dispatcher position, as recommended by staff. By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mr. Hutchison and carried by a unanimous roll call vote (Mr. Lynn absent). Requisite Legal Work for Proposed Rent Justification Ordinance (Lynn, Leary, and Bonar) Mr. Lynn requested approval for the Deputy City Solicitor to be retained to conduct research for a proposed rent justification ordinance. He stated that the ordinance would be similar to the recently failed Senate Bill 97. He noted that the City of Dover has a number of communities zoned for manufactured housing or as mobile home parks; therefore, this could affect a significant number of City residents. Mr. Lynn explained that, at this time, the request was only to authorize legal research to determine if the City could enact such an ordinance or whether the City would be precluded from doing so under the doctrine of preemption. In response to Mr. Rushe, Mr. Lynn requested that correspondence received from Mr. Fred Neil, President, Wild Meadows Homeowners Association, that was previously distributed to members, be made a part of the record. He confirmed that the request was specifically for manufactured housing and mobile home parks that are subject to or under the ambit of Chapter 70 of the Dover Code.

CITY COUNCIL MEETING OF JULY 23, 2012 PAGE 6 Mr. Shevock explained his understanding that deed restrictions would be different for each community and questioned how this would affect such an ordinance. Responding, Mr. Lynn suggested that this matter be included in the scope of work for the legal review. In response to Mr. Perza, Mr. Lynn suggested that 8-10 hours of time be allowed for the Deputy City Solicitor to conduct research on this matter and that once these findings were known, the Committee could determine what, if any, further action should be taken in this regard. Council President Leary suggested that the time allotted for the research be “up to 10 hours” rather than 8-10 hours. Mr. Fred Neil, 521 Weaver Drive, President of Wild Meadows Homeowners Association, read the following statement into the record: As a former News Director at a major Baltimore Radio Station & Press Officer for Mayor William Donald Schaefer during Baltimore's Harbor Place creation days, I am very sensitive to basing comments on verifiable facts. This is particularly true in dealing with the governance involving taxpayers. As law makers, you have at your fingertips: • Zoning including the number of communities zoned for manufactured or so called mobile housing. • The number of manufactured homes in these communities. • Tax records should reveal when homes are sold, left vacant, re-sold, & selling price and the tax records involved. • In my community, Wild Meadows, our homes that were purchased new and sold for approximately $80,000 to $200,000 are now selling at 30% to 50% less that the original cost, while rents have increased 40% from the time I moved in 2003 from $300, which remained the fee, until all lots were sold and then the jumps in rent began. It is now $420.50. With Calpine on side of the community and Firefly at our front doors, I think the current assessment on my home of $119,000 will drop significantly when you look at home sales in the near future in my community. You have access to the Assessment Appeals Hearing of my community, in May 2007, when the property which had been assessed at $5 Million and the City wanted to raise the Assessment to $11 Million and a compromise was reached at $7.5 Million.

CITY COUNCIL MEETING OF JULY 23, 2012 PAGE 7 Because we are a 55 Plus community, we are particularly sensitive to rent increases, particularly when we have maintenance concerns which then becomes a consumer protection issue. According to the appeals hearing the Appraiser hired by managements said of the $1Million collected in rents 20% was spent on the maintenance. At the time we weren't quite at $1 Million but it was close. Thanks to our Dover elected officials, who have always been welcome to attend our meetings, the City of Dover have always stepped to help when we have legitimate problems, that if we were truly a part of the free market or free enterprise wouldn't have needed help. To name a few, incorrectly paved streets that flooded, swales that acted as speed bumps, a huge pile of cut vegetation that served as harborage for the rats, raccoons, snakes of the wet lands across our drainage ditch, and the snow removal that blocked our driveways, fire hydrants and mail box pods. Direct efforts by a member of the City Council to resolve concerns between home owners over maintenance demonstrated the hostile stance of the land owner who has extraordinary power over his customers. Since the values of our homes are effected in large part by the appearance of a stained entrance, rusting club house doors and used worn furniture should have been simple. We agree, we don't agree and when the work would be done. When you can't enforce the law, there is no controlling the degree of arrogance a community owner can exhibit. There lies the rub. No other business in Delaware can pass on a Fine with impunity. Any other business would risk business to a competitor if they raised their prices to recover a Fine and legal defense costs. Why should they obey the law if they can recoup the costs of a Fine and legal defence? Fear is one the greatest factors for people in manufactured home communities for not speaking out. While Wild Meadows Seniors vote and attend meetings, and give back to this community in many ways, the folks in places such as Dover East Estates and Dover Air Park live in fear of organizing or complaining because they are afraid of losing their homes. They don't know you need a court order or that you can fight for what the law says. Regular mortgages are low. Chattel loans on our homes are 3 X to 5 X more. You need low cost housing to keep business going. The people in homes on leased land need real consumer protection.

CITY COUNCIL MEETING OF JULY 23, 2012 PAGE 8 Any help the City of Dover can provide will pay dividends now and in the future. Mr. Neil urged members to develop a law that might provide some type of protection for homeowners. It was his opinion that if homeowners were provided full disclosure, none of the homes in that area would have sold, except to desperate individuals, and if there were a rent justification law, these homeowners would be protected. He requested the City to provide assistance in this matter. Responding to Mr. Hutchison, Mr. Neil stated that the Wild Meadows Homeowners Association had been working with the General Assembly on this issue in an attempt to resolve the problem. The Committee recommended the authorization of 10 hours of legal work to investigate a proposed rent justification ordinance. Mr. Anderson stated his feeling that in-depth research and many hours of legal work would be required to determine if the City had the power to implement such an ordinance. He indicated that he requested that this item be removed from the consent agenda because he voted in opposition to this matter during the Committee’s deliberations and wanted his objection to be a part of the record. Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mr. Hutchison and failed by a roll call vote of five (5) no, three (3) yes (Mr. Bonar, Mr. Hutchison, and Council President Leary), and one (1) absent (Mr. Lynn). Proposed Policy for Requesting Legal Work/Opinions Mr. Lynn advised members that he made a request for legal research to be conducted by the City Solicitor’s Office regarding the proposed rent justification ordinance and, as a result, City staff was contacted since it appeared that the request would require significant resources. He stated that this raised the question as to how an individual member of Council could request legal opinions/work from the City Solicitor’s Office. Mr. Lynn felt that establishing a policy would provide an avenue for each member of Council to engage the City Solicitor’s Office for legal projects. He noted that a policy entitled “Council Requests for Projects” was adopted by City Council during their Regular Meeting of August 27, 2001 and was in place for requests for staff from Council but did not include legal work. He felt that it would be prudent to develop a procedure by which members of Council could order legal work to be conducted on individual projects and that legal work of significant size would require review by the Committee and approval by City Council. Council President Leary explained that if members of Council have questions for staff, staff would be expected to respond since they are already on the payroll. Since the City Solicitor’s Office is not on the City’s payroll, every time the City Solicitor answers the phone, billing time begins and there is an expenditure of funds. Noting that if 9-10 people were to call the City Solicitor separately, it could become expensive and he felt that there was a need for some sort of procedure to be in place.

CITY COUNCIL MEETING OF JULY 23, 2012 PAGE 9 Mr. Rushe relayed concern that establishing such a procedure could create problems if a response from the City Solicitor’s Office were needed within a short time frame. Concurring, Mr. Lynn felt that such a procedure could result in members attending a meeting without the necessary legal research on a particular agenda item and no guaranteed opportunity to remove the item from the agenda to allow time for research. Council President Leary noted that a phrase could be included in the policy that would allow the Council President the discretion to override the policy in certain circumstances. Mr. Anderson concurred with the concept but relayed concern that a single member of Council could obligate 80% of the City Solicitor’s time, which could result in an exorbitant expense for the City. Mr. Anderson stated his opinion that it might be appropriate to allow Council Members to request legal work that would not exceed an hour; however, it was his feeling that greater leeway for additional time should be allowed for legal research related to an item that the Committee Chairs had already agreed to place on an agenda. Mr. Hare noted that agendas were published in plenty of time prior to a meeting so that if a member of Council had a question or concern, they could contact the City Clerk’s Office, who could then talk with the City Manager, appropriate Chairman, and the Council President regarding the possibility of a legal opinion/review. Mr. Lynn questioned if the policy would affect City staff as it relates to legal opinions from Bond Counsel. Mr. Perza questioned if issues had arisen that created the need for such a policy. He stated his concern that members of Council have independent ideas and expressed his hope that those responsible for making decisions regarding engaging the Solicitor’s services would not be able to “suffocate” that creativity by denying access to information, limiting access to legal review or research, or stifling ideas by over-researching possible policies before they are even considered by a committee. He indicated his feeling that the time to begin determining whether a matter is legal or not would be after a the committee reviews policies and recommends approval by Council, rather than before a committee meets to consider the matter. This would prevent the expenditure of funds that may not be necessary for those instances when such a policy does not have the support of the committee and/or approval of Council. Concurring, Mr. Rushe felt that the creation of a procedure for requests for legal opinions/research would only add more bureaucracy for something that was not necessary. Mrs. Donna Mitchell, Controller/Treasurer, stated her concern with staff’s need to obtain legal advice from Mr. Kirk Betts, Bond Counsel, etc. She explained that most of the needs for legal opinion or advice come before Council, such as the Request for Proposals (RFP) recently prepared by Mr. Betts; however, sometimes legal issues arise based on current needs which may not go before Council. It was her hope that staff would still be authorized to move forward with those types of requests by submitting them through the appropriate Chairman or the Council President.

CITY COUNCIL MEETING OF JULY 23, 2012 PAGE 10 The Committee recommended that requests for legal work performed by the City Solicitor or Deputy City Solicitor from Council directly be handled on a case-by-case basis in the future. By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mr. Hutchison and carried by a unanimous roll call vote (Mr. Lynn absent). Value Study of Positions (Councilman Hutchison) Mr. Hutchison reminded members that after the 2011 Municipal Election, the first order of business was the review and approval of the City’s budget. At that time, members were advised that the City was projecting a $3.4M budget shortfall; however, as a result of the significant efforts of staff, members of Council, and the Mayor throughout the year, that amount was reduced to $600,000. He noted that this reduction was also due to several retirements, employees who found other employment, etc. Mr. Hutchison stated his opinion that controlling personnel costs for current employees and future retirees was critical to balancing revenue and expenses and that current pay policies do little to help maintain these costs. He suggested that a workshop be held to begin working on next year’s budget and allow members to identify issues and concerns pertaining to personnel costs. In response to Mr. Anderson, Mr. Hutchison suggested that the workshop be held with participation from the Mayor, Council, and the City’s management team. He noted that the pending Salary and Benefits Compensation Comparison Committee Report should be part of this process. Mr. Anderson reminded members that the final report of the Salary and Benefits Compensation Comparison Committee remained pending. In response to Mr. Lynn, Mr. Hutchison confirmed that his request was for the approval of the scheduling of a workshop comprised of the Mayor, Council, and City staff for the purpose of examining and controlling personnel costs into the future. Responding to Mr. Lynn, Mr. Perza indicated that, as Chairman of the Salary and Benefits Compensation Comparison Committee, he anticipated that a final report would be submitted in the near future, noting that a final meeting was scheduled to be held in the third week of July. He expressed his opinion that changes to the report made at that meeting would be more stylistic than substantive. Mr. Lynn stated that, should the Minority Recruitment Committee and Salary and Benefits Compensation Comparison Committee Reports be required in order to schedule a workshop as requested by Mr. Hutchison, the soonest that such a workshop could be held would be late August 2012. Mr. Scott Koenig, City Manager, stated that his only concern would be to allow for the finalization of labor negotiations before a date was set for the workshop. The Committee recommended that once the Salary and Benefits Compensation Comparison Committee Report and Minority Recruitment Report are received and all labor negotiations have been completed, the City Manager submit a date for a workshop with the purpose of identifying issues and concerns pertaining to personnel costs.

CITY COUNCIL MEETING OF JULY 23, 2012 PAGE 11 Responding to Mrs. Russell, Mr. Lynn concurred that the earlier such a workshop could be held, the better, in order to complete the review before the budget preparation begins. By consent agenda, Mr. Bonar moved for approval of the Committee’s recommendation, seconded by Mr. Hutchison and carried by a unanimous roll call vote (Mr. Lynn absent). Mr. Anderson moved for acceptance of the Legislative, Finance, and Administration Committee Report, seconded by Mr. Hutchison and unanimously carried. JOINT LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE AND ELECTION BOARD REPORT - JULY 11, 2012 A joint meeting of the Legislative, Finance, and Administration Committee and Election Board was held on July 11, 2012 with Chairman Lynn presiding. Results of NAACP Review of Proposed Council District Boundaries Mrs. Traci McDowell, City Clerk, apprised members that on September 22, 2011, the Election Board reviewed and recommended approval of a proposed reapportionment of the Council district boundaries. It was the consensus of the Election Board that the maps and data should be sent to the National NAACP office for review prior to forwarding the proposal to the Legislative, Finance, and Administration Committee for consideration. The maps and data were sent to the NAACP on September 30, 2011. Due to the number of requests for review, a response was not received from the NAACP until January 16, 2012. The NAACP review indicated a slight difference between their numbers and the City’s numbers, which still met the requirements of the consent decree. She reminded members that on January 17, 2012, Mr. Adam Perza filed and subsequently ran unopposed in the 2nd District. She explained that the proposal recommended for approval by the Election Board on September 22, 2011 would move Mr. Perza from the 2nd District into the 4th District. Mrs. McDowell introduced Ms. Janelle Cornwell, Planner II, who serves as the City’s liaison with the Census Bureau and the Delaware Population Consortium to discuss the difference between the NAACP’s numbers and the City’s numbers and to review the revised map which proposed to move Mr. Perza back into the 2nd District, where he was properly elected by that District. Ms. Cornwell informed members that the difference between the NAACP’s numbers and the City of Dover’s numbers was due to the fact that the NAACP utilized data relating to one (1) race only, the Black/African American population. She explained that for the 2010 Census, individuals were able to choose more than one (1) race, and that after consultation with Deputy City Solicitor William Pepper, the City considered the Black/African American population to include other combinations of races, for example Black/African American and Asian, and Black/African American and Hawaiian. The Election Board recommended acceptance of the City’s method of calculation (using mixed races).

CITY COUNCIL MEETING OF JULY 23, 2012 PAGE 12 Mr. Hare moved for approval of the Election Board’s recommendation, seconded by Mr. Hutchison and unanimously carried. Review of Revised Proposed Reapportionment of Council District Boundaries Ms. Janelle Cornwell, Planner II, who serves as the City’s liaison with the Census Bureau and the Delaware Population Consortium, reviewed a map entitled “Changes to Proposed Council Districts 2 and 4" (See Attachment #2). She explained that the change in the proposed districts between Districts 2 and 4 would result in a difference of 158 people, 58 of whom are Black/African American. The change would increase the overall population percentage of the Black/African American population within District 4 to a little more than 70%, and Ms. Cornwell reminded members that the Consent Decree of 1988 stipulated 65%. She stated that the percentage of voting age population in District 4 would be more than 65%. In response to Mrs. Legates, Mrs. McDowell explained that when staff presented the proposal to the Election Board on September 22, 2011, the census blocks contained in the amendment were moved from the 2nd District to the 4th District. Due to the time constraints for filing petitions and the length of time it took for the review to come back from the NAACP, the redistricting was delayed until after the City’s municipal election in April. Subsequently, Mr. Perza filed for City Council, ran unopposed, and was elected in the 2nd District; however, the proposal (as recommended in September) would move him to the 4th District. Staff proposed to move those three (3) census blocks back to the 2nd District, which would leave Mr. Perza in the 2nd District instead of moving him to the 4th District. In response to Dr. Matthews, Ms. Cornwell explained that the proposal would move 158 people from the 4th District to the 2nd District, resulting in a population of 8,900 for the 4th District and 9,138 for the 2nd District. The percentage of total population would be 25.3% for the 2nd District and 24.7% for the 4th District, which she stated was well within one (1) percentage point of the target district size of 9,012 (which would represent an equal number in all four (4) districts). She stated that the movement of those 158 people from the 4th District to the 2nd District would slightly increase the overall percentage of Black/African Americans in the 4th District. In response to Mrs. Legates, Ms. Cornwell confirmed that those who were moved would be notified. Responding to Dr. Matthews, Mrs. McDowell explained that staff did not know if the Legislative, Finance, &Administration (LF&A) Committee would accept the recommendation of the Election Board, or, if it did, that Council would. The proposed course of action would be that when the LF&A recommendation moves forward to Council, Council would set a public hearing to be held at the First Reading and a public hearing to be held at the Final Reading. Staff would then heavily advertise that the City of Dover was looking at redistricting, provide a number to call for individuals who thought they may be affected after they see the maps, and have the maps on display for review. Once the final map was approved, staff would send letters to notify those affected that they had been moved. Dr. Matthews questioned whether there were any issues with people who are deaf or blind and suggested that staff consider another manner of notification, in order to comply with any Americans with Disabilities Act (ADA) requirements.

CITY COUNCIL MEETING OF JULY 23, 2012 PAGE 13 The Election Board recommended acceptance of the map amendment moving residents from the 4th District to the 2nd District. Mr. Hare moved for approval of the Election Board’s recommendation, seconded by Mr. Hutchison and unanimously carried. The Election Board recommended acceptance of the revised proposed reapportionment of the Council district boundaries. (Clerk’s Office Note: Maps of the revised proposed reapportionment of the Council district boundaries for each Council district as well as the Proposed Council Districts with 2010 US Census Blocks were available during the meeting.) Mr. Hare moved for approval of the Election Board’s recommendation, seconded by Mr. Hutchison and unanimously carried. On behalf of the Legislative, Finance, and Administration Committee and members of City Council, Mr. Lynn thanked the members of the Election Board for their hard work and time spent ensuring a good and positive result for the citizens of Dover. Mr. Lynn stated that members of the Legislative, Finance, and Administration Committee heard the presentation, discussion, and decisions of the Election Board regarding the revised proposed reapportionment of Council district boundaries. In response to Councilman Hutchison regarding the proposed map amendment moving residents between what was originally proposed District 4 and District 2, Ms. Cornwell stated that 158 people would be moved, which was less than one (1) percentage point being changed between the districts. Consequently, all districts would be within one (1) percentage point of containing 25% of the total population. Council President Leary thanked the Election Board and members of staff for their hard work. Mayor Carey stated his satisfaction and thanked all of those involved in the process. Mr. Cecil Wilson (co-plaintiff with the NAACP in the case of the Central Delaware Branch of the National Association for the Advancement of Colored People v. the City of Dover which resulted in the 1988 Consent Decree) stated that he did not have any concerns with the proposal. He thanked the members of the Election Board and Legislative, Finance, and Administration Committee, as well as Deputy City Solicitor Pepper, the City Clerk, and all of the other City departments for their hard work and communication with the National NAACP. He acknowledged the presence of Ms. Sara Jones, Secretary of the Central Delaware NAACP branch. Mr. Wilson also thanked Councilwoman Russell for her presence as a representative of the 4th District. Ms. Sara Jones, Secretary of the Central Delaware NAACP branch, stated that she did not have any questions or concerns but expressed her feeling of happiness that the reapportionment would be moving forward and that the local branch of the NAACP would be able to meet with the City in the future so that they may be knowledgeable of what is going on in the City. Ms. Jones also expressed

CITY COUNCIL MEETING OF JULY 23, 2012 PAGE 14 her appreciation for the help provided by City staff in preparing for this meeting and informed members that the information regarding the City’s reapportionment would be shared with the local NAACP branch on the last Tuesday in July. Councilwoman Russell stated that she was satisfied with the proposal and expressed her feeling that the boundary lines were easier to understand compared to when she first ran for City Council. The Legislative, Finance, and Administration Committee recommended acceptance of the proposed reapportionment of the Council district boundaries, as recommended by the Election Board. Mr. Hare moved for approval of the Committee’s recommendation, seconded by Mr. Hutchison and unanimously carried. Council President Leary announced that staff recommended that a public hearing/First Reading be set for Monday, August 13, 2012 at 7:30 p.m. and that a public hearing/Final Reading be set for Monday, August 27, 2012 at 7:30 p.m. Mr. Hare moved that a public hearing/First Reading be set for Monday, August 13, 2012 at 7:30 p.m. and that a public hearing/Final Reading be set for Monday, August 27, 2012 at 7:30 p.m. The motion was seconded by Mr. Hutchison and unanimously carried. Mr. Hutchison moved for acceptance of the Joint Legislative, Finance, and Administration Committee and Election Board Report, seconded by Mr. Anderson and unanimously carried. EVALUATION OF BIDS - SYSTEM CONTROL AND DATA ACQUISITION (SCADA) EQUIPMENT TECHNOLOGY UPGRADE Mr. Scott Koenig, City Manager, submitted a request for the purchase of two (2) remote terminal units (RTUs), explaining that the purpose of the System Control and Data Acquisition (SCADA) Equipment Technology Upgrade project was to replace antiquated and/or obsolete RTUs at sewage pumping stations. He reminded members that this project was started in FY 08 and would be completed during FY2013. Members were advised that the SCADA system monitors the pumping stations and communicates with the System Operations center when station components fail or other abnormal issues are detected. Installation and associated work would be performed under either the existing SCADA Maintenance Contract or by staff personnel. It was noted that there would be other expenses associated with the installations, such as radio equipment and miscellaneous hardware. Mr. Koenig explained that the RTUs are the field components of the SCADA system, which is a proprietary system; therefore, the City was required to purchase the new RTUs from the original equipment manufacturer (OEM), Siemens Energy, Inc. Members were provided the sole vendor information. Staff recommended purchasing two (2) RTU units from the sole vendor, Siemens Energy, Inc., for a total amount of $15,736. Mr. Bonar moved for approval of staff’s recommendation, seconded by Mr. Hutchison and carried by a unanimous roll call vote.

CITY COUNCIL MEETING OF JULY 23, 2012 PAGE 15 AMENDMENT TO EDiS CONTRACT - CITY HALL FIRE SPRINKLER SYSTEM Mr. Scott Koenig, City Manager, advised members that construction of the new Dover Public Library caused removal of access for fire equipment on the east side of the City Hall building. During the design phase of the new library, designers provided two (2) options for a fire protection plan that would be approved by the Fire Marshal’s Office. Option 1 was to place a 16-foot wide sidewalk, designed to hold the weight of fire equipment, along the east side of City Hall approximately ten (10) feet from the building. This option would allow for fire equipment to have the same amount of access to the east side of the building that was previously in existence. Option 2 required the installation of sprinklers in City Hall. By installing sprinklers throughout City Hall, the required amount of total perimeter access for fire equipment to the building would be reduced by half; therefore, access on the east side of the building would no longer be necessary. City staff and the designers chose Option 2. Mr. Koenig reminded members that EDiS, the city’s construction management firm for the Dover Public Library, had provided the City of Dover with a proposal to install a fire sprinkler system in City Hall. The full cost of design of the system was included in their scope of services. The total project cost, including full design, was $288,000. He assured members that EDiS has provided a total project cost summary to support this request. Staff recommended amending the City’s contract with EDiS to include the extra work associated with the installation of a fire sprinkler system for City Hall in the amount of $288,000. Responding to Mr. Perza, Mr. Koenig stated that he did not have cost information for Option 1 but estimated that it would have been approximately the same as Option 2. He noted that if Option 2 proved to be more expensive, it would provide a greater level of fire protection for the east side of City Hall. Fire Chief Fortney indicated his concurrence with the recommendation submitted. Mr. Bonar suggested that staff consider the possibility of applying for a National Fire Service Institute (NFSI) Grant to assist with this expenditure. In response to Mr. Hare, Mr. Koenig stated that the fire lane was removed as a part of the design for the Library because an exit onto Loockerman Street was not desired. He noted that if a fire lane were constructed, it would have to stop short of Loockerman Street or be gated, chained, etc. He advised members that it was believed that installing a sprinkler system was the best alternative. Mrs. Williams moved for approval of amending the City's contract with EDiS to include an additional expenditure in the amount of $288,000 for extra work associated with the installation of a fire sprinkler system for City Hall, as recommended by staff. The motion was seconded by Mr. Bonar and carried by a unanimous roll call vote. REZONING REQUEST/FIRST READING OF PROPOSED ORDINANCE #2012-19 - 870872 FOREST STREET, OWNED BY BENNIE L. SMITH A request was received to rezone properties located at 870-872 Forest Street (on the south side of Forest Street, east of Gibbs Drive), consisting of 0.747+/- acres, owned by Bennie L. Smith. The property was currently zoned C-PO (Commercial/Professional Office Development District) and

CITY COUNCIL MEETING OF JULY 23, 2012 PAGE 16 subject to the COZ-1 (Corridor Overlay Zone) and the requested zoning was C-1A (Limited Commercial and subject to the COZ-1. (TAX PARCEL: ED-05-076.12-01-08.00-000, FOURTH COUNCIL DISTRICT; PLANNING REFERENCE: Z-12-02) Prior to amending the zoning ordinances and zoning map of the City of Dover, a public hearing is required. Staff recommended referral to the Planning Commission on August 20, 2012 and that a Public Hearing be set before City Council for September 10, 2012 at 7:30 p.m. By motion of Mr. Hutchison, seconded by Mr. Hare, Council unanimously referred the request to the Planning Commission and set a public hearing for September 10, 2012 at 7:30 p.m. In accordance with Section 1-9 of the Dover Code, Council acknowledged the First Reading of the Zoning Ordinance Amendment 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 870-872 FOREST STREET. COUNCIL MEMBERS ANNOUNCEMENTS There were no Council Member announcements. Mr. Hutchison moved for adjournment, seconded by Mr. Bonar and unanimously carried. Meeting Adjourned at 8:19 P.M. TRACI A. McDOWELL CITY CLERK All orders, ordinances, and resolutions adopted by City Council during their Regular Meeting of July 23, 2012, are hereby approved. CARLETON E. CAREY, SR. MAYOR /TM/jg S:\AGENDAS-MINUTES-PACKETS\Council-Minutes\2012\07-23-2012.wpd Exhibits Attached to Original Minutes Exhibit #1 - Community Blueprint Network Presentation and Program Information Sheet Exhibit #2 - Presentation - Violation of Dangerous Building Ordinance - 345 and 347 Northdown Drive Exhibit #3 - Presentation - Violation of Dangerous Building Ordinance - 357, 361, 365, and 408 Northdown Drive

EXHIBIT #1 Regular Council Meeting of 7/23/2012 EXHIBIT #1 Regular Council Meeting of 7/23/2012

WHAT IS IT ?

June 2011 Oct April 2011 2011 Jan Jan 2011 2010 Mar May 2010 2009

 Bob Reeg, American Legion  Spencer Kympton, The Mission Auxiliary Continues  Sherri Brown, American Red  Mary Keller, Military Child Cross Education Coalition (MCEC)  Norb Ryan, Military Officers Kate Sylvester, America's Promise Association of America (MOAA)  Alliance  Joyce Raezer, National Military  Geoff Deutsch, Armed Forces Families Association (NMFA) Services Corporation  Jim Knotts, Operation Homefront  Mark Smith, Blue Star Families  Chris Marvin, ServiceNation:  David Sutherland, Chairman of Mission Serve the Joint Chiefs of Staff Office  Bonnie Carroll, Tragedy  Ross Cohen, Chamber of Assistance Program for Survivors Commerce, Hiring Our Heroes (TAPS)  Bob Verhey, Veterans Innovation  Koby Langley, Corporation for Center National & Community Service  Barbara Van Dahlen, Give an Hour (CNCS)

TARGET COMMUNITY THE MILITARY COMMUNITY IS COMPRISED OF: VETERANS  Individuals who have served in the U.S. Armed Forces in Active, Reserve or National Guard status, in any branch of service, and any war period or peacetime. SERVICE MEMBERS  Individuals who currently serve in the U.S. Armed Forces in Active, Reserve or National Guard status, in any branch of service. FAMILIES  Parents, spouses, significant others, children and all extended family who form the support network for a veteran or service member.

TRENDS SOLUTIONS  Lack of public awareness  Raise awareness amongst  Gaps in services available local high schools, colleges  Lack of funds and elementary schools  Failure to view the military  Share leadership community as an asset  Engage the military  Public is unsure of how to get community as an asset involved instead of singling out as a “population” or “issue”  Need more meaningful ways for people to engage and  Increase overall community volunteer engagement with the military community  Recruit volunteers using social media outlets

BLUEPRINT IMPLEMENTATION MODEL • Behavioral Health • Education Military Community • Employment Family Strength Community- • Based and Public Volunteers • Financial Management Organizations and Legal Assistance • Housing Stability and Homeless Assistance • Reintegration National Organizations Community • Volunteerism Donors/ Funders

CBN THEORY OF CHANGE • Network Engage Community communities will Leaders Volunteers Assets implement the Blueprint together, resulting in more Implementation effective and coordinated Action Planning Practices services with the military Success community. More effective and coordinated services

BLUEPRINT NETWORK COMMUNITIES • Huntsville, TX • Bellingham, WA • Jacksonville, FL* • State of Delaware* • Macon, GA* • Fairfax, VA* • Seattle, WA* • Fayetteville, NC* • South Florida Region* • Fort Wayne, IN* • Tyler, TX • Hampton Roads, VA* • Valdosta, GA • Huntsville, AL • Williamsburg, VA * Indicates AmeriCorps VISTA members provided by the Auxiliary’s Call to Service Corps

HOW CAN YOU GET INVOLVED: • Provide meeting space for Veterans, Military, Military Families or Military Youth Groups. • Organize community service projects that support Military Families or Veterans groups. • Donate children’s books about deployment to your local library or elementary school. • Schedule a “Ready, Set, Go! Training” through Operation Military Kids for educators, counselors and concerned citizens that would like to learn more about the impact of deployment on children and families. • Support legislation that would benefit our military community.

CONTACT: MICHELLE LEE mlee21601@gmail.com 302 730-4000

FOR MORE INFORMATION…. …Visit the website www.communityblueprintnetwork.org

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EXHIBIT #2 Regular Council Meeting of 07/23/2012 Violation of Dangerous Building Ordinance 345 & 347 Northdown Drive Planning & Inspections Department Dover, Delaware July 23, 2012 EXHIBIT #2 Regular Council Meeting of 7/23/2012

345 & 347 Northdown Drive Case History
History of code violations since 2009 (6 cases) – Closing of a vacant building – Vacant building registration
Condemned as unfit for human habitation on 6/11/2012.
Registered as vacant buildings on 5/8/2012 with all registration fees paid.
Construction of the townhomes was stopped in early 2009 and both homes have been left unoccupied and incomplete.
The electric service to both townhomes was cut on 9/14/2011.

Dangerous Building Code – Chapter 22 Article XI, Sec. 22-381
(5) Unfit for habitation
(9) General welfare
(10) Code violations
(12) Unoccupied buildings
(13) Incomplete buildings

Recommended Council Action
Declare these buildings on the properties dangerous.
Order the properties repaired.
Order the Building Inspector to cause the repair of the structures if not completed by the owner by August 23, 2012.
Order the City Manager with the assistance of the City Solicitor to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner.

EXHIBIT #3 Regular Council Meeting of 7/23/2012 Violation of Dangerous Building Ordinance 357, 361, 365 & 408 Northdown Dr Planning & Inspections Department Dover, Delaware July 23, 2012 EXHIBIT #3 Regular Council Meeting of 7/23/2012

Northdown Drive Case History
History of code violations since 2009 (12 cases). – Exterior trash/debris violations – Weed overgrowth – Closing of a vacant structure
Condemned as unfit for human habitation on 6/11/2012.
Registered as vacant buildings on 5/8/2012 with registration fees paid.
Construction of the homes were stopped in early 2009 and have remained unoccupied & incomplete.

Dangerous Building Code – Chapter 22 Article XI, Sec. 22-381
(5) Unfit for habitation
(9) General welfare
(10) Code violations
(12) Unoccupied buildings
(13) Incomplete buildings

Recommended Council Action
Declare these building dangerous.
Order the property demolished (including removal of the foundations).
Order the Building Inspector to cause the demolition of the structures if not completed by the owner by August 23, 2012.
Order the City Manager with the assistance of the City Solicitor to cause the cost of repairs or demolition to be charged against the land on which the building exists as a municipal lien or cause such cost to be added to the tax duplicate as an assessment, or to be levied as a special tax, or to be recovered in a suit at law against the owner.

FIRST READING CITY OF DOVER PROPOSED ORDINANCE #2012-20 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Chapter 2 - Administration, Article II - City Council, Division 1 - Generally, of the Dover Code be 4 amended by striking Section 2-31 - District Boundaries in its entirety and inserting in lieu thereof a new 5 Section 2-31 to read as follows: 6 Sec. 2-31. - District boundaries. 7 In order that the members of the council shall be distributed over the city, the city shall be divided 8 into four representative districts and two members of the council shall be residents of each district. Such 9 districts are to be distributed as follows: 10 (1) District 1. District 1 is defined as the area within the corporate limits of the city 11 contained within the following boundaries: 12 Beginning at the boundary line of the corporate limits of the city, at a point in the 13 centerline of McKee Road; then running in a westerly direction following the 14 boundary line of the corporate limits of the city to its intersection with the centerline 15 of Hazletville Road; then running in an easterly direction with said line of Hazletville 16 Road to the to its intersection with the centerline of Saulsbury Road; then in a 17 northerly direction with said line of Saulsbury Road to its intersection with the 18 centerline of Walker Road; then in a westerly direction with said line of Walker Road 19 to its intersection with Kenton Road; then in a northerly direction with said centerline 20 of Kenton Road to its intersection with the centerline of College Road; then running 21 in a northeasterly direction with said line of College Road to its intersection with 22 McKee Road; then in a northwesterly direction with said line of McKee Road to the 23 point of beginning, excluding within these given boundaries any areas not within the 24 corporate limits of the city. 25 (2) District 2. District 2 is defined as the area within the corporate limits of the city 26 contained within the following boundaries: 27 Beginning at the boundary line of the corporate limits of the city, at a point in the 28 centerline of Hazletville Road; then running in an easterly direction with said line of 29 Hazletville Road which becomes North Street, to its intersection with the centerline 30 of West Street; then running in a southerly direction with said line of West Street to 31 its intersection with the centerline of Queen Street; then running in a southwesterly 32 direction with said line of Queen Street to the intersection of the centerline of 33 Westview Terrace; then running in a southeasterly direction with said line of 34 Westview Terrace to its intersection with the centerline of Dover Street; then running 35 in a easterly direction with said line of Dover Street to its intersection with the 36 centerline of New Street; then running in a northerly direction with said line of New 37 Street to its intersection with the centerline of South Street; then running in a easterly

Proposed Ordinance #2012-20 - Ch 2 - Administration, Art II - City Council, Div 1 - Generally, Sec 2-31 - District Boundaries Page 2 38 direction with said line of South Street to its intersection with the centerline of State 39 Street; then running north with said line of State Street to its intersection of the 40 centerline of Water Street; then running in an easterly direction with said line of 41 Water Street to its intersection with the south west side of Legislative Avenue; then 42 running southerly with said intersection of Water Street and the west line of 43 Legislative Avenue to its intersection with the southeast corner of parcel number 44 ED-05-077.09-05-56.00; then running with said east property line of said parcel to 45 the intersection of the centerline of the Saint Jones River; then running in a southerly 46 direction with said line of the Saint Jones River to its intersection with the centerline 47 of State Route 13; then running northeasterly with said line of State Route 13 to its 48 intersection with the centerline of Court Street; then running in a westerly direction 49 with said line of Court Street to its intersection of the centerline of the Saint Jones 50 River; then running northwest with said line of the Saint Jones River to its 51 intersection with Loockerman Street; then running westerly with said line of 52 Loockerman Street to its intersection of the centerline of Governors Avenue; then 53 running in a northerly direction with said line of Governors Avenue to its intersection 54 of the centerline of Reed Street; then running in an easterly direction with said line 55 of Reed Street to its intersection of the centerline of State Street; then running in a 56 northerly direction with said line of South State Street to its intersection of the 57 centerline of Division Street; then running in a easterly direction with said line of 58 Division Street to its intersection of the centerline of Kings Highway; then running 59 in a northerly and northeasterly direction with said line of Kings Highway to its 60 intersection of the centerline of White Oak Road; then running in a northeasterly 61 direction with said line of White Oak Road to its intersection of the Willis Road; then 62 running in a southerly direction with said line of Willis Road to its intersection of the 63 centerline of Division Street which becomes North Little Creek Road; then running 64 in an easterly direction with said line of North Little Creek Road to the eastern 65 corporate limits of the city; then running in an easterly and southerly direction with 66 said corporate limits of the city to the place of beginning, excluding within these 67 given boundaries any areas not within the corporate limits of the city. 68 (3) District 3. District 3 is defined as the area within the corporate limits of the city 69 lying within the following boundaries: 70 Beginning at the boundary line of the corporate limits of the city, at a point in the 71 centerline of North Little Creek Road; then running in a westerly direction with said 72 line of North Little Creek Road which becomes Division Street to its intersection 73 with the centerline of Willis Road; then running in a northerly direction with said line 74 of Willis Road to its intersection with the centerline of White Oak Road; then 75 running in a westerly direction with said line of White Oak Road to its intersection 76 with the centerline of Kings Highway; then running in a southerly direction with said 77 line of Kings Highway to its intersection with the centerline of Division Street; then 78 in a westerly direction with said line of Division Street to its intersection with the 79 centerline of State Street; then running in a southerly direction with said line of State 80 Street to its intersection with the centerline of Reed Street; then running in a westerly 81 direction with said centerline of Reed Street to its intersection with the centerline of

Proposed Ordinance #2012-20 - Ch 2 - Administration, Art II - City Council, Div 1 - Generally, Sec 2-31 - District Boundaries Page 3 82 Governors Avenue; then running in a northerly direction with said line of Governors 83 Avenue to its intersection with the centerline of Mary Street; then running westerly 84 with the said line of Mary Street to the western edge of the railroad tracks; then 85 running a northwesterly direction with the western edge of the railroad tracks to the 86 intersection of the centerline with Walker Road; then running in a easterly direction 87 with said line of Walker Road to the intersection of State Street; the running in a 88 north easterly direction with the said line of State Street to the centerline of State 89 Route 13; the running in a northwesterly direction with said line of State Route 13 90 to the southeastern portion of parcel ED-05-057.01-02-01.00; then running south 57 91 degrees 05 minutes west 620 feet to the corner of said parcel; then running north 27 92 degrees 12 minutes west 201.0 feet; then continuing north 27 degrees 12 minutes 93 west to the intersection of the centerline of Scarborough Road; then running 94 southwesterly with said line of Scarborough Road to the intersection of the 95 centerline of McKee Road; then running northerly with said line of McKee Road to 96 the corporate limits of the city; then continuing east and south with the corporate 97 limits of the city to the place of beginning, excluding within these given boundaries 98 any areas not within the corporate limits of the city. 99 (4) District 4. District 4 is defined as the area within the corporate limits of the city 100 lying within the following boundaries: 101 Beginning at a point in the west edge of State Route 13 and the southeast corner of 102 parcel ED-05-057.01-02-01.00; then running south 57 degrees 05 minutes west 620 103 feet to the corner of said parcel; then running north 27 degrees 12 minutes west 201.0 104 feet; then continuing north 27 degrees 12 minutes west to the intersection of the 105 centerline of Scarborough Road; then running southwesterly with said line of 106 Scarborough Road to the intersection of the centerline of McKee Road; then running 107 southerly with said line of McKee Road to the intersection of the centerline of 108 College Road; then running westerly with said line of College Road to the 109 intersection of the centerline of Kenton Road; then running southerly with said line 110 of Kenton Road to the intersection of the centerline of Walker Road; then running 111 north easterly with said line of Walker Road to the intersection of the centerline of 112 Saulsbury Road; then running southerly with said line of Saulsbury Road to the 113 intersection of North Street; then running easterly with said line of North Street to the 114 intersection of West Street; then then running in a southerly direction with said line 115 of West Street to its intersection with the centerline of Queen Street; then running in 116 a south westerly direction with said line of Queen Street to the intersection of the 117 centerline of Westview Terrace; then running in a south easterly direction with said 118 centerline of Westview Terrace to its intersection with the centerline of Dover Street; 119 then running in a easterly direction with said centerline of Dover Street to its 120 intersection with the centerline of Monroe Terrace; the running in a northerly 121 direction with said line of Monroe Terrace to its intersection with South Street; then 122 running in an easterly direction with said centerline of South Street to its intersection 123 with the centerline of State Street; then running in a northerly direction with said 124 centerline of South State Street to its intersection with the centerline of Water Street; 125 then running in an easterly direction with said line of Water Street to its intersection

Proposed Ordinance #2012-20 - Ch 2 - Administration, Art II - City Council, Div 1 - Generally, Sec 2-31 - District Boundaries Page 4 126 with the west side of Legislative Avenue; then running southerly with said 127 intersection of Water Street and the west line of Legislative Avenue to its intersection 128 with the southeast corner of parcel number ED-05-077.09-05-56.00; then running 129 with said east property line of said parcel to the intersection of the centerline of the 130 Saint Jones River; then running in a southerly direction with said line of Saint Jones 131 River to its intersection with the centerline of State Route 13; then running 132 northeasterly with said line of State Route 13 to the intersection with the centerline 133 of Court Street; then running in a northwesterly direction with said line of Court 134 Street to the intersection of the Saint Jones River; then running northwest with said 135 line of the Saint Jones River to the intersection with Loockerman Street; then running 136 westerly with said line of Loockerman Street to the intersection of the centerline of 137 Governors Avenue; then running northerly with said line of Governors Avenue to the 138 intersection of the centerline of Mary Street; then running westerly with said line of 139 Mary Street to the western edge of the railroad tracks; then running northwesterly 140 with said western edge of the railroad tracts to the intersection of the centerline with 141 Walker Road; then running in a easterly direction with said line of Walker Road to 142 the intersection of State Street; the running in a north easterly direction with said line 143 of State Street to the centerline of State Route 13; then running in a northwesterly 144 direction with said line of State Route 13 to the beginning point, excluding within 145 these given boundaries any areas not within the corporate limits of the city. 146 ADOPTED: * 147 S:\ORDINANCES\2012\Draft\2012-20 - Ch 2 - Administration, Art II - City Council, Div 1 - Generally, Sec 2-31 - District Boundaries .wpd 148 SYNOPSIS 149 In accordance with Article II - Mayor and Council, Section 5 - Council to be legislative body; 150 size; districts; terms of mayor and councilmen; qualifications, of the Charter of the City of 151 Dover, the ordinance divides the election district boundaries so that the districts are nearly 152 equal in population as shown by the most recent federal decennial census (2010). In 153 accordance with the 1988 Consent Decree (Order), the ordinance maintains a black majority 154 district of at least a 65% black population and a majority black voting age population. 155 Actions History 156 August 13, 2012 - Scheduled for Public Hearing/First Reading 157 July 11, 2012 - Considered at Joint LF&A/Election Board Meeting

PETITION TO AMEND ZONING ORDINANCE TEXT Report to the Dover City Council August 13, 2012 Proposed Change: Amendment to Zoning Ordinance, Article 5 –Supplementary Regulations, Section 4 – Supplementary Sign Regulations Summary of Amendment: In January 2012, the Planning Office began meeting with members of the business community to discuss changes to the Zoning Ordinance. The group identified a number of areas where the Zoning Ordinance created impediments to business. The top priority identified was the Sign Regulations. Since that time, the City Planner has been meeting on a monthly basis to work through proposed revisions to the Sign Regulations. The proposed ordinance is the result of these efforts, and includes a combination of clarifications, simplification of the requirements, and significant relaxation of the regulations currently in place. Following is a brief summary of the proposed changes to the substance of the regulation. • Addition of administrative discretion on freestanding sign setback for existing developed properties where meeting the required setback would interfere with existing required parking, drive aisles, or fire lane requirements. • Updates to the definitions, using the United States Sign Council’s Model Sign Code. • Addition of flags as signs permitted in all zones, with a definition to ensure that the term “flag” is not interpreted too broadly. • Replacement of current illumination standards with those from the United States Sign Council’s Model Sign Code. • Addition of Electronic Messaging Center regulations from the United States Sign Council’s Model Sign Code and inclusion of the following changes: o Change the display time for the message from 15 seconds to 8 seconds; and o Allow scrolling, fading and dissolving for transitions between messages. • Amendment of “monument sign” definition to remove the requirement that monument signs be wider than they are tall. • Amendment of “sign area” definition to allow for a series of geometric shapes rather than one geometric shape in

Page 2 of 5 determining sign area. • Increase in the sign area permitted for directional signage. • Changes to the Sign Table, including the following: o Removal of maximum height for wall signs. Height of wall signs will be restricted by the building height. o Increase in the maximum sign area square footage. o Elimination of the mountable wall area requirement. o Reduction of the exclusion zones for monument and pylon signs. o Change in number of wall signs permitted per frontage from one to two. • Increase the percentage of window that can be covered by a window sign from 30% to 50%. • Allowance for more flexibility relating to temporary signs. • Removal of requirement that nonconforming signs be brought into compliance when a change of use is involved. The proposed ordinance is the result of detailed discussion about how the regulations can be more business friendly while still protecting the character of Dover and avoiding sign clutter that could contribute to driver safety concerns. There were a number of concessions made by the Planning Office and the business representatives to ensure that the product achieved this delicate balance. Planning Commission Recommendation: Following a public hearing on July 16, 2012, where one member of the public spoke in favor of the proposed ordinance, the Planning Commission voted unanimously (9-0) to recommend that City Council approve the proposed ordinance. Ordinance Number: 2012-13 File Number: MI-12-15

Page 3 of 5 Excerpt from DRAFT Planning Commission Minutes of July 16, 2012: MI-12-15 Text Amendment: Revisions to Zoning Ordinance, Article 4 Section 5 Supplementary Sign Regulations - Public Hearing and Review for Recommendation to City Council of a series of Text Amendments to the Zoning Ordinance, Article 4 Section 5 Supplementary Sign Regulations. The proposed ordinance is a comprehensive amendment to the City’s Sign Regulations. Proposed amendments allow for additional signage, increase in the allowable sign area, allowances for additional signage and sign placement, increased flexibility for temporary signage, revised definitions, updates the Sign Regulations using the United States Sign Council’s Model Sign Code, and a revised Sign Table outlining permitted signage based on property use, adjacent uses, and road type. The series of text amendments amend Article 4 Section 5 of the Zoning Ordinance. Ordinance #2012-13. Representative: Staff Mrs. Townshend stated that after hearing a lot of feedback from members of City Council and the business community regarding the Sign Regulations being too stringent, she reached out to the Chamber of Commerce and the Real Estate community. Beginning in January, Staff started to meet specifically regarding signs as there will be other things that we will be meeting on in the fall. Mr. Malmberg was part of that group where we had a very good assemblance of people representing the business community. Mrs. Townshend further stated that what was included in the packet was a bullet point list of the substantial changes to the Sign Regulations. In some cases, we took language from the United States Sign Council Model Sign Code. In addition to being the industry voice, they are also the body that has done the most research in terms of signage and the safety aspects of signage. Staff looked at their illumination standards and definition of sign area and electronic messaging centers. Mrs. Townshend stated that Staff changed some definitions regarding the monument sign. Currently, it requires that it be wider than tall which means that there is nowhere in the Code that addresses whether it is taller than wide. In some cases if taller than wide it looks perfectly fine. The idea that these should be prohibited did not make sense so we changed the definition of monument signs so that the “wider than tall” comes out. Mrs. Townshend further stated that the way that we define “sign area” in the current Sign Regulations has you putting one geometrical figure over the print. In the case where you have something that is taller in one area and lower in another, you have to box out that whole area. You would be boxing out a lot of white space that has to be counted towards the sign area; however, it is really not signage. We looked again to the United States Sign Council in their definition and it can be a series of geometrical shapes. Mrs. Townshend further stated some other changes included: increasing the sign area for directional signage and a number of changes to the Sign Table such as removing the maximum height for wall signs that would be regulated by the building height where we obviously can’t have a wall sign higher than the building. This is an area that we have seen things come forward in the past that we have been stuck with. It also includes increasing the maximum sign area square footage; elimination of the mountable wall area requirement while there is still a maximum percentage of the wall face that you can use; a reduction in the exclusion zones for monument and pylon signs; a change in the number of wall signs per frontage from one (1) to two (2); increasing the amount of the window that can be covered by window signage; and allowing more flexibility for Temporary Signs.

Page 4 of 5 Mrs. Townshend further stated another change included the removal of the requirement that a non- conforming sign has to be brought into compliance when a change of use is involved. An example of that would be having an existing building with non-conforming signage such as a restaurant and it closes and a new restaurant comes in, you would be able to reface the sign because there would be no change of use. However, if it is a restaurant and the restaurant closes and it becomes an insurance office, the signage would need to come into compliance. We have found that to be very onerous for small business owners. Mrs. Townshend further stated that there was a lot of compromise in these changes; however, she believes that it is certainly more generous than what we have now. However, it is strong enough to prevent the sign clutter that you see outside of the City. Mr. Nichols questioned what is the limitation of entrances on State Street only? Does that mean new entrances or no more? Responding to Mr. Nichols, Mrs. Townshend stated that this is the RG-O Zoning District and is language that is just in there. This is the Ordinance that was the last item on the agenda. What this means is that for the restaurants in the RG-O Zone, if they are located on State Street, they would have to take their entrance from State Street. This would be physical not a driveway; however, a door. Mr. Holden questioned with regards to the non-conforming signs, there are a large number of non- conforming signs. Is there another mechanism to bring them into conformance if businesses change hands or are we essentially saying that this is the way that the sign is and will stay that way forever? Responding to Mr. Holden, Mrs. Townshend stated that it would have to come into compliance if it is removed or if there is a certain degree of alteration to the property. For instance, if you tear down the building and rebuild something there, the new signage would have to comply. Colonel Welsh questioned the changes to the Sign Table that include the following: the removal of the maximum height for wall signs. Would wall signs be restricted by the building height? Responding to Colonel Welsh, Mrs. Townshend stated that this is something that we did for new buildings back in 2009 when we made changes. Staff put it in the pervue of the Planning Commission to allow signage that exceeded thirty (30) feet. What we were finding is if something comes in and it is an existing building and a new tenant, they cannot place the sign high on the building because it is limited by thirty (30) feet. There are plenty of times where something taller than thirty (30) feet works with the building so we wanted to be able to allow that administratively. When you are looking in terms of the scale of the building, it will not exceed the building height. Part of the reason you control sign height is largely the pylon thing where you do not have a hundred foot tall pylon sign that you can see from Jupiter. In the case of a wall sign, if you have a building that is sixty-five feet tall limiting the wall sign height to thirty (30) feet, it could be in a really bad spot. Colonel Welsh further questioned by more flexibility related to Temporary Signs, how will this be regulated? Responding to Colonel Welsh, Mrs. Townshend stated that no matter what we do with Temporary Signs, it is going to be a challenge to enforce as they have always been a challenge to enforce. We are going to have to put the Inspectors in a position of monitoring it by checking to see when a sign goes up and when it goes down. Colonel Welsh opened a public hearing Mr. Conny Malmberg – Stated that he was selected for the Sign Regulations Committee because he has had several applications before the Board of Adjustment for signs that just did not make sense. He feels that a lot of the impetus for this Ordinance was to try and not have stuff that is plainly obvious shouldn’t be the way that it is coming before the Board of Adjustment all of the time. He feels that a lot of these issues were addressed. Mrs. Townshend stated that there was a lot of compromise; however, it was not all of us versus Staff. It was really a lot of different

Page 5 of 5 participants with different points of view that were doing most of the compromise. Staff did a fantastic job with a lot of background work and the way that different jurisdictions handled this and were generally very supportive. He feels that these changes are a great idea in that it will not turn into Las Vegas around here and it is getting rid of things that would not make sense if we started to apply them and save the Board of Adjustment some time. Mrs. Townshend stated that while she was at the table with the business community, Janelle Cornwell had the tedious task of making sure that everything was incorporated correctly. Colonel Welsh closed the public hearing after seeing no one else wishing to speak. Mr. Ambruso moved to forward recommendation of approval to City Council for MI-12-15 Text Amendment: Revisions to Zoning Ordinance, Article 4 Section 5 Supplementary Sign Regulations, seconded by Mr. Baldwin and the motion was unanimously carried 9-0.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JUNE 27, 2012 APPLICATION: TEXT AMENDMENT: REVISIONS TO ZONING ORDINANCE, ARTICLE 4 SECTION 5 SUPPLEMENTARY SIGN REGULATIONS FILE #: MI-12-15 REVIEWING AGENCY: City of Dover Electric and Public Works Departments CONTACT PERSON: Steve Enss - Electric Jason A. Lyon – Public Works CONTACT PHONE #: ELECTRIC - 302-736-7070 PUBLIC WORKS – 302-736-7025 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 / STORMWATER / SANITATION / STREETS / GROUNDS 1. Our office has no objections to the proposed amendment. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS 1. None ADVISORY COMMENTS TO THE APPLICANT ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS 1. None. 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 .

FINAL READING CITY OF DOVER ORDINANCE #2012-13 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 2 That Appendix B – Zoning, Article 5 – Supplementary Regulations, Section 4 – Supplementary Sign 3 Regulations be amended by deleting the text in red, bold, strikethrough and inserting the text in blue, bold, 4 italics as follows: 5 Section 4. Supplementary sign regulations. 6 4.1 Purpose statement. The purpose of this ordinance [section] is to create a legal framework 7 for a comprehensive and balanced system of signs and other street graphics to facilitate an 8 easy and pleasant communication between people and their environment. This ordinance 9 [The ordinance from which this section is derived] is enacted to avoid the visual clutter that 10 is potentially harmful to vehicular and pedestrian safety, property values, business 11 environment and opportunities, and community appearance. With these purposes in mind, 12 it is the intent of this ordinance [section] to authorize the use of signs which are compatible 13 with their surroundings, appropriate to the activity that displays them, expressive of the 14 identity of individual activities and the community as a whole, and legible in the 15 circumstances in which they are seen, understanding that it is important for the economic 16 vitality of the community as well as individual businesses and institutions that they are 17 clearly identified and their services are understood by the traveling public. 18 All signs, which are regulated by this ordinance section, shall conform to the following 19 general guidelines: 20 A. The legibility of signs. Signs shall be legible under the circumstances in which they 21 are primarily seen. Signs shall legibly convey their messages without being 22 distracting or unsafe to motorists reading them. The legibility of signs is related to 23 the speeds at which they are viewed; the context and surroundings in which they are 24 seen; [and] the design, colors, and contrasts of the sign copy and sign face. 25 B. The relationship of signs to the buildings and sites they identify. Signs shall be an 26 integral architectural element of the buildings and sites that they identify and their 27 design shall be consistent with, and not detract from, the overall architectural 28 concept of the site. Signs should be of an appropriate size and scale in relation to the 29 buildings on the lot. 30 4.2 General provisions. 31 A. Permitting. No sign, advertising display or structure, poster or device shall be 32 erected, moved, enlarged or reconstructed except in accordance with this ordinance. 33 All signs, except exempt signs, shall require a permit and fee as prescribed in 34 Appendix F, Chapter 22-Buildings and Building Regulations. 35 B. Administration. Administration, interpretation, and enforcement of the provisions of 36 this section shall be under the authority of the city planner or their authorized 37 designee. In administering the provisions of this ordinance section, the city planner

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 2 38 shall evaluate signs and applications for sign permits for conformity with the design 39 guidelines, standards, and specifications contained herein. Appeals from the 40 application or interpretation of any provision of this ordinance section may be 41 processed in accordance with the provisions of article 9 (board of adjustment) of this 42 ordinance the zoning ordinance. 43 C. Unsafe, dilapidated and illegal signs. If it is determined by the city planner or his 44 authorized designee that any sign is unsafe, presents a hazard to the safe operation 45 and movement of motorized or nonmotorized vehicular traffic, or to pedestrians, or 46 is in a dilapidated condition, or is in a state of disrepair, or is otherwise in violation 47 of any provision of this ordinance section, the owner of such sign shall be 48 responsible for removal of such sign and supporting structure within 14 days of 49 receipt of written notification by the city planner. In cases where signs are 50 determined to be unsafe or present a hazard, the city planner may order their removal 51 in a shorter period of time. Responsibility for removal shall be in accordance with 52 subsection 4.10 - Nonconforming signs, B., and subsection 4.11 - Abandoned and 53 Damaged signs, of this section. 54 D. Setback. All signs, including those which do not require a permit, shall be setback 55 from the right-of-way in accordance with the provisions of Article 5, Section 4.7, 56 unless otherwise specified, and shall not interfere with aboveground or 57 underground utilities. 58 E. Administrative Waiver. For existing developed properties where placement of the 59 sign in accordance with the required setback would interfere with existing required 60 parking, fire lane, or other site improvements, the city planner shall have the 61 authority to waive the setback requirement. 62 4.3 Sign definitions. 63 Abandoned sign: A sign relating to or identifying a business or activity which has not been 64 conducted on the premises for 60 90 days, or seven days after an election or event that the sign is 65 advertising. 66 Adjacent to residential: Property lines which are situated within 200 feet and which front 67 on the same street as a parcel, or group of parcels containing residential uses, or that are zoned for 68 residential uses, excluding residential uses and districts fronting on principal arterial roads. 69 Architectural feature: An exterior component of the architecture of a building, which has 70 a structural, functional or decorative purpose. This term shall apply to elements such as windows, 71 doors, entry porticos, porte-cocheres, colonnades, cornices, porch columns, railings and balusters, 72 band courses, coins quoins, water tables, exterior vents and louvers, moldings and other trim. 73 Awning sign: A wall sign that is a part of a fabric or other non-structural awning. 74 Banner: A light-weight fabric or similar non-rigid material which is mounted to a pole or 75 structure, either enclosed in a frame or mounted to allow movement caused by the atmosphere.

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 3 76 Canopy sign: A type of wall sign attached to a permanent, decorative porch or walkway 77 cover, other than an awning, which is attached to a building or supported by columns, extending to 78 the ground. 79 Changeable copy sign: Any sign involving mechanical or electronic systems which 80 enable such signs, letters, numbers, or graphics to be changed periodically to display different 81 text messages or graphics. A sign with the capability of content change by means of manual or 82 remote input, includes the following types: 83 1. Manually activated – Changeable sign whose messages, copy or content can be 84 changed manually on a display surface. 85 2. Electrically activated – Changeable sign whose message copy or content can be 86 changed by means of remote electrically energized on-off switching combinations 87 of alphabetic or pictographic components arranged on a display surface. 88 Illumination may be integral to the components, such as characterized by lamps 89 or other light-emitting devices; or it may be from an external light source designed 90 to reflect off the changeable component display. See also Electronic Message 91 Center. 92 Clear Height: The distance from the ground to the bottom of the sign. The minimum clear 93 height shall be eight feet for pylon sign, projecting sign, and any other sign that may impact 94 pedestrian traffic. 95 Comprehensive signage plan: A plan for all signs associated with a unified campus or 96 complex. 97 Conforming sign: Any sign that conforms to the provisions of this ordinance section. 98 Construction sign: A sign which identifies architects, engineers, contractors and other 99 individuals or firms involved with construction on the premises, the name of the building or 100 development, the intended purpose of the building, and/or the expected completion date. 101 Directional sign: A freestanding sign whose primary function is to give aid to motorists or 102 pedestrians in locating buildings or roads. 103 Electronic Message Center or Sign (EMC): An electrically activated changeable sign 104 whose variable message and/or graphic presentation capability can be electronically programmed 105 by computer from a remote location. Also known as an EMC. EMC’s typically use light emitting 106 diodes (LEDs) as a lighting source. 107 Exclusion zone: The area adjacent to an existing or proposed freestanding sign within which 108 no other freestanding sign of a similar sign type shall exist or be placed. The exclusion zone shall 109 be measured outward in all directions from the extreme limits of the sign structure a prescribed 110 distance. 111 Flag: A rectangular or pennant shaped piece of fabric or flexible material of distinctive 112 design that is used as a symbol (as of a nation or state), as a signaling device, or as a decoration 113 and is attached to a flag pole.

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 4 114 Freestanding sign: A sign that is not attached to a building and is permanently attached to 115 the ground by one or more supports. Freestanding signs include monument, pylon, post and panel, 116 and post signs. 117 Frontage: For the purposes of this section, the term "frontage" refers to a lot's frontage 118 parcel’s property line along a right-of- way, be it public or private, excluding alleys and service 119 drives that are abutting residential properties. The parcel must be directly adjacent to the 120 right-of-way for it to be considered to have frontage. 121 Historical or memorial sign: A sign or tablet attached to a building indicating the date of 122 construction and/or the names of the building, the principals involved in its construction, or the 123 history of the building or the site. 124 Illuminance: The amount of light falling upon a real or imaginary surface, commonly 125 called “light level” or “illumination”. Measured in foot candles (lumens/square foot) in the 126 English system and lux (lumens/square meter) in the SI (metric) system. 127 Illuminated Sign: A sign characterized by the use of artificial light, either projecting 128 through its surface (s) internally or trans-illuminated; or reflecting off its surface(s). 129 Inflatable sign: A sign that is designed to be filled with air to form a three-dimensional shape 130 which is designed to be anchored to the ground. 131 Luminance: The light that is emitted by or reflected from a surface. Measured in units 132 of luminous intensity (candelas) per unit area (square meters in SI measurement units or square 133 feet in English measurements units). Expressed in SI units as cd/m2, and in English units as foot 134 lamberts. Sometimes also expressed as “nits”, a colloquial reference to SI Units. Can be 135 measured by means of a luminance meter. 136 Lux: The SI (metric) unit for illuminance. One lux equals 0.093 foot candles. 137 Monument sign: A low freestanding sign that is affixed to a base that is equal to or wider 138 than the sign itself. The height of the sign is to be measured from the finished grade to the top of the 139 sign. (See figure 5-3.) Such signs shall be situated so as to have the longer dimension oriented 140 horizontal, and to have the shorter dimension oriented vertical. 141

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 5 142 Mountable wall area: The area of a wall where a wall sign is to be physically mounted. 143 The area of the wall must be a regular geometric shape (square, rectangle, triangle, or circle), 144 and be uninterrupted by windows, doors, or other architectural features. (See figure 5-4.) 145 146 FIGURE 5.4 TO BE REMOVED 147 Nit: A photometric unit of measurement referring to luminance. One nit is equal to 148 one cdm2. 149 Nonconforming sign: Any sign which does not conform to the regulations of this 150 ordinance, including any signs granted by variance where it can be demonstrated that the 151 original hardship on which the variance was based no longer exists. This definition also 152 includes the structure upon which the sign is erected, or the mounting hardware in the case of 153 wall mounted signs. 154 Off-premises sign (billboard, etc.): A sign, other than a shared freestanding sign as 155 defined by this section, which directs attention to a business, commodity, service or 156 entertainment not conducted, sold or offered on the premises where the sign is located, 157 or which business, commodity, service or entertainment forms only minor or incidental 158 activity upon the premises where the sign is displayed. The sale of a commodity is 159 considered a minor activity if the commodity advertised is a specific brand or if the 160 operator of the on-premises business does not directly control the advertising content. 161 These product- oriented signs shall be considered on-premises signs if they comply with 162 on-premises sign requirements. A permanent or temporary sign erected, maintained, or used 163 in the outdoor environment for the purpose of the display of commercial or noncommercial 164 messages not appurtenant to the use of, products sold on, or the sale or lease of the property 165 on which it is displaced. Also referenced as billboard or commercial outdoor advertising 166 sign. 167 On-premises sign: A sign which advertises or directs attention to a business, 168 commodity, or service conducted, offered, or sold on the premises, or directs attention to the 169 business or activity conducted on the premises. 170 Political Sign: A temporary sign intended to advance a political statement, cause, or 171 candidate for office. 172 Portable sign: Any sign not permanently attached to the ground or other permanent 173 structure, including but not limited to signs with attached wheels;, A- or T-frame signs;, [and] 174 menu and sandwich board signs.

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 6 175 Post sign: A freestanding sign that is attached to the underside of a horizontal plane or 176 arm and is supported by the horizontal plane. (See figure 5-5 5-4.) 177 178 Post and Panel sign: A freestanding sign that has a noninternally illuminated panel, not 179 more than six inches in depth that is affixed to two posts and is not more than seven feet in total 180 height. The sign shall not be higher than the supporting posts. (See figure 5-6 5-5.) 181 Post and 182 Panel Sign 183 FIGURE 5-6 5-5 184 Projecting sign: A wall sign attached to a building with a bracket or other support 185 projecting at a right angle from the building face. (See figure 5-7 5-6.)

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 7 186 Public sign: A sign erected by or on behalf of a governmental body to post a legal notice, 187 identify public property or public buildings, convey public information, and direct or regulate 188 pedestrian or vehicular traffic. 189 Pylon sign: A tall freestanding sign that is held up by a pole or poles. The supporting 190 structure must be equal to or narrower than the sign itself. (See figure 5-8 5-7.) 191 192 Race weekend sign: Any sign erected seven days prior to or after a sanctioned 193 automobile race for the purpose of advertising products and services to race fans. 194 Real estate sign: A sign advertising the premises for sale, rent or lease. 195 Roof sign: A sign that is attached or painted on the roof, including porch roofs, dormer 196 roofs, overhang roofs, canopy roofs or roofs of another architectural feature. Signs on the lower 197 portion of a mansard or canopy are considered wall signs. 198 SI (International System of Units): The modern metric system of measurement. 199 Shared freestanding sign: A sign structure which is shared among not more than two 200 multiple nonresidential properties or business interests for the purpose of displaying the name, 201 logo type or other commercial message of not more than two multiple nonresidential occupants 202 of said adjoining properties. 203 Sign: Any letter, word, model, banner, pennant, insignia, trade flag, device or 204 representation used as, or which is in the nature of, an advertisement, attraction, or directive. 205 Any device visible from a public place whose essential purpose and design is to convey either 206 commercial or noncommercial messages by means of graphic presentation of alphabetic or 207 pictorial symbols or representations. 208 Sign area: Sign area is determined by calculating the area of an imaginary rectangle, 209 circle or triangle which fully encloses the sign face, including background and logos, but not 210 including supports or braces. For sign structures limited to two sign faces of identical 211 dimensions oriented parallel to one another and not more than 24 inches apart; or not more than 212 36 inches apart for freestanding signs on an Urban Principal Arterial, sign area shall be 213 determined by calculating the area of one of the sign faces. For all other multi-faced signs, the 214 sign area shall be determined by calculating the sum of all sign faces in aggregate. The area of

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 8 215 the smallest geometric figure, or the sum of the combination of regular geometric figures, 216 which comprise the sign face. The area of any double-sided or “V” shaped sign shall be the 217 area of the largest single face only. The area of a sphere shall be computed as the area of a 218 circle. The area of all other multiple-sided signs shall be computed as fifty (50) percent of the 219 sum of the area of all faces of the sign. 220 Sign face: The outwardly visible portion of the sign upon which a name or names, logo 221 types or other commercial message, or combination thereof, is displayed. The surface upon, 222 against or through which the sign copy is displayed or illustrated, not including structural 223 supports, architectural features of a building or sign structure, nonstructural thematic or 224 decorative trim, or any areas that are separated from the background surface upon which the 225 sign copy is displayed by a distinct delineation, such as a reveal or border. 226 Sign height: The height of a sign shall be the vertical distance from normal grade to the 227 highest point of the sign. Any berming, filling or excavating solely for the purpose of locating 228 the sign shall be computed as a part of the sign height. 229 Sign setback: The straight line distance measured in linear feet between the street right- 230 of-way line and the nearest element of a sign. 231 Temporary sign: Any sign which is intended for temporary use or which is not 232 permanently mounted and intended for a designated period in time not to exceed 30 days except 233 as stated in subsection 4.9 - Supplementary sign provisions, D., 1., of this section. A sign 234 intended to display either commercial or noncommercial messages of a transitory or 235 temporary nature. Any sign not permanently embedded in the ground, or not permanently 236 affixed to a building or sign structure that is permanently embedded in the ground, is 237 considered a temporary sign. 238 Unified campuses and complexes: The term "unified campuses and complexes" means: 239 (1) Any "shopping center" as the term is defined in this ordinance [section] the 240 zoning ordinance. 241 (2) Or, any group of three or more principal structures under common management 242 and operation, located on one or more contiguous properties; 243 (3) Or, any single commercial or institutional parcel which has more than 400 linear 244 feet of frontage on a principal arterial roadway which is occupied by a 245 conforming commercial or institutional use. Unified campuses and complexes 246 include, but are not limited to, shopping centers; entertainment, educational, 247 medical, governmental, or religious campuses; office complexes; and industrial 248 parks. 249 Urban Collector and Local Streets: All streets or portion of streets within the corporate 250 limits of the City of Dover which are not specifically classified as urban principal arterials or 251 urban minor arterials under the provisions of this ordinance section.

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 9 252 Urban Minor Arterials: Delaware (DE) Route 8 (including all alternative names); 253 McKee Road; Saulsbury Road; College Road; North Street (from Saulsbury Road to the western 254 city limits); Kenton Road (from College Road to DE Route 8); State Street (from Walker Road 255 north to US Route 13 and Wyoming Avenue south to the southern city limits); Loockerman 256 Street; Leipsic Road; Webbs Lane, New Burton Road, Scarborough Road, Walker Road and 257 Governors Avenue (from Division Street to the southern city limits) are considered to be urban 258 minor arterials under the provisions of this ordinance section. 259 Urban Principal Arterial: US Route 13, Bay Road, and Court Street between 13 and 260 Bay Road are considered to be urban principal arterials under the provisions of this ordinance. 261 Delaware State Route 1 is not considered to be a road that will provide frontage for any parcel. 262 Vehicle sign: A sign displaying a name or names, logo types, graphics, commercial 263 messages or any combination thereof, which is attached to, painted on, or otherwise applied to 264 a motor vehicle. 265 Wall area: For purposes of calculating wall area, the calculations shall include the 266 height of the wall from ground level to the roofline (mansard roofs also count as wall area), 267 multiplied by the width of the wall (including all architectural features). (See figure 5-4.) 268 Wall sign: Any sign, other than a projecting sign, which is attached to or painted on any 269 wall of any building and projects from the plane of the wall less than 12 18 inches. A sign 270 attached to the lower slope or face of a mansard roof, canopy, or awning shall be considered a 271 wall sign for purposes of this ordinance. For purposes of this section only, a "wall" shall include 272 any permanent architectural extension of a wall, including parapets, even if such extension 273 projects beyond or above the enclosed portions of the building. Canopy, marquee, and awning 274 signs are all types of wall signs. (See figure 5-9 5-8). 275 276 Window sign: A wall sign which is attached to, painted on or etched into a window or 277 door, or which is displayed within 12 inches of the window and is legible from outside the 278 window. A sign affixed to the surface of a window with its message intended to be visible to 279 the exterior environment.

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 10 280 4.4 Design requirements. 281 A. Freestanding signs. 282 1. Freestanding signs and attendant structures and bases shall be designed 283 as an integral part of the site development and shall be coordinated and 284 compatible with site grading, utility placements, landscaping and 285 architectural elements. 286 2. Freestanding signs and associated landscaping shall be situated and 287 maintained so as not to impair or block visibility of motorists and/or 288 pedestrians traveling within the public street right-of-way or entering, 289 exiting or crossing vehicular site entrances. No sign or landscaping in 290 excess of three (3) feet in height above the adjacent street grade, shall be 291 erected, placed or maintained on any corner within the triangular area 292 formed by intersecting right-of-way lines. Two sides of the triangular 293 area shall be 20 feet in length and measured from the point of intersection 294 of the right-of-way lines. 295 3. Freestanding signs shall be situated on the site and dimensioned so as not 296 to substantially impair or block the visibility of adjacent buildings and/or 297 existing signs. 298 4. All freestanding signs shall respect the exclusion zone. When a sign is not 299 permitted within the exclusion zone, a second one (1) additional wall 300 sign may be permitted in accordance with the wall sign regulations. 301 5. When the presence of an existing freestanding sign on an adjoining 302 property precludes a property from placing a freestanding sign due to 303 exclusion zone provisions, the two adjoining property owners and/or 304 business interests may share a single freestanding sign structure in 305 accordance with the provisions of subsection 4.9 - Supplementary sign 306 provisions, G F - Shared freestanding signs, of this section. 307 6. Location of monument signs and /post and panel signs may be approved 308 by the Planning Commission as part of a Site Development Plan Approval 309 process. 310 B. Materials and craftsmanship of signs. Signs shall be carefully crafted, durable, and 311 consistent with the quality and permanence of the buildings and sites that they identify. 312 Lettering shall be of a professional quality. 313 C. Wall sign placement. 314 1. When wall signs are planned, such signs shall be designed as an integral 315 component of the building facade architectural composition.

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 11 316 2. Wall signs shall be limited in area and number in accordance with the provisions 317 of subsection 4.7 - Permitted signs, of this section, except that the aggregate area 318 of a wall sign on a building shall not exceed 50 percent of the mountable wall 319 area of the building. 320 3. Wall signs shall be situated so as not to cover or overlap decorative architectural 321 elements such as cornices, belt courses, and window and doorframe moldings. 322 Wall signs shall not project beyond the exterior wall corners of a building. 323 4. In cases where only one wall sign is permitted because the lot has one frontage, 324 the business may choose to locate the sign on any exterior wall of the building 325 to afford the best possible visibility for the traveling public. 326 5. In cases where more than one wall sign is permitted, the city planner or their 327 authorized designee may allow the business to locate the additional wall sign on 328 a different exterior wall of the building to afford the best possible visibility for 329 the traveling public. 330 6. Wall sign height may be increased by the Planning Commission as a part of the 331 Architectural Review of a Site Development Plan Approval process; however, 332 the wall sign height may not exceed the building height. The proposed height 333 shall complement the architecture of the building as determined by the Planning 334 Commission. 335 D. Illumination. Sign Illumination Standards Sign lighting is one of the greatest sources 336 of light in commercial districts. The glare and aesthetic impacts of signage depend 337 strongly on the design of the sign and its lighting. Proper illumination affects the 338 legibility of signs. This subsection discourages excessive lighting by favoring darker 339 backgrounds for internally illuminated signs, and the lighting of only the sign faces for 340 externally illuminated signs to reduce light pollution, while increasing legibility. 341 1. Signs that are equipped with illumination sources shall be designed to be equally 342 legible during the day and at night. A sign may be illuminated at night. Signs 343 that are illuminated at night may not exceed a maximum luminance level of 344 seven hundred fifty (750) cd/m2 or Nits, regardless of the method of 345 illumination. 346 2. The intensity of illumination for the sign shall not be excessively bright and shall 347 be evenly illuminated over the face of the sign, with no bright spots, in order to 348 prevent direct glare. Signs that have external illumination, whether the lighting 349 is mounted above or below the sign face or panel, shall have lighting fixtures 350 or luminaries that are fully shielded. 351 3. Exterior illumination shall be shielded so that its direct light is confined to the 352 surface of the sign. All illuminated signs must comply with the maximum 353 luminance level of seven hundred fifty (750) cd/m2 or Nits at least one-half 354 hour before Apparent Sunset. All illuminated signs must comply with this 355 maximum luminance level throughout the night, if the sign is energized, until 356 Apparent Sunrise.

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 12 357 4. Internally illuminated signs, except changeable copy signs, not in or not adjacent 358 to residential areas must conform to one of the following styles: 359 (a) Illuminated with an opaque background and translucent text or symbols. 360 (b) Illuminated with a colored (not pure white, off-white, light gray, cream, 361 or yellow) background and lighter text or symbols. 362 (c) Illuminated with a background that is white, yellow, off-white, light gray, 363 [or] cream, consisting of no more than 40 percent of the sign area and not 364 less than 60 percent is text or symbols of a dark color. 365 5. Internally illuminated signs in or adjacent to a residential use must conform to 366 one of the following styles: 367 (a) Illuminated with an opaque background and translucent text or symbols. 368 (b) Illuminated with a colored (not pure white, off-white, light gray, cream, 369 or yellow) background and lighter text or symbols. 370 E. Changeable copy signs. 371 1. Changeable copy signs may be incorporated into a sign face when the changeable 372 component of the sign face occupies less than 70 percent of the total area of that 373 sign face. 374 2. Changeable copy sign area shall be integrated into the sign face and shall be 375 enclosed by a border or similar enclosure so as to form one sign panel. 376 3. The changeable copy sign area text message and/or graphics shall not change any 377 more than one time in any given 15-second period, except for time and 378 temperature displays which may change more frequently than every 15 seconds. 379 There shall be no movement for any part of the sign including: flashing, 380 animation, scrolling, etc. When the sign changes it shall change in less than 1 381 second and it shall not flash or have animation. 382 3. Electronic Message Centers (EMC) 383 (a) The following EMC display features and functions are permitted: 384 scrolling, fading and dissolving while transitioning between messages. 385 (b) EMC’s shall have a minimum display time of eight seconds. The 386 transition time between message and/or message frames is limited to 387 one second. 388 (c) The following EMC display features and functions are prohibited: 389 traveling, flashing, spinning, rotating, any other moving effects, and all 390 dynamic frame effects or patterns of illusionary movement or simulated 391 movement.

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 13 392 4. The colors, text styles, graphic patterns, and brightness of the changeable copy 393 sign area shall be compatible with and complimentary to the colors, text styles, 394 graphic patterns and brightness of other signs on the premises, and signs on other 395 properties in the immediate vicinity. 396 5. Changeable copy signs shall comply with the provisions of subsection 4.4 - 397 Design Requirements, D - Illumination, of this section pertaining to sign 398 illumination. 399 F. Sign lettering size for freestanding signs. The lettering of numeric and alphanumeric 400 text messages on signs shall be sized to comply with the following minimum 401 specifications: 402 TABLE INSET: 403 Minimum Letter Height for Freestanding Signs 404 Road Type Primary Message Secondary Message 405 Urban Principal Arterial 16 inches 8 inches 406 Urban Minor Arterial 10 inches 5 inches 407 Urban Collector and Local 8 inches 4 inches 408 4.5 Signs permitted in all districts and not requiring permits 409 A. Signs advertising the sale, lease, or rental of the premises upon which the sign 410 is located, which sign shall not exceed six and one-fourth square feet in 411 residential districts and 32 square feet in all other districts, and shall be located 412 behind the property line comply with setback regulations . One such sign shall 413 be permitted for each 200 linear feet of street frontage for the parcel. 414 B. Signs designating the name and address of the occupants, hours of operation, 415 security notices, and business policy statements, and may not exceed four square 416 feet. 417 C. Signs denoting the architect, engineer, developer, or contractor placed on 418 premises where construction, repair, or renovation is in progress, which signs 419 shall not exceed 32 square feet in area. No more than two signs of any type are 420 permitted for any one property or building project. Signs shall be fifty feet from 421 other signs on the site, except where it is not physically possible, then the signs 422 shall be as far away from the other sign as much as possible. 423 D. Directional signs limited in area to no more than three five square feet per sign, 424 plus one square foot for each additional tenant. A permit is required for 425 directional signs identifying the entrance or exit of a site if over three (3) five 426 square feet in sign area. The sign area for these larger directional signs shall not 427 exceed five (5) eight square feet and shall not be over four feet in height.

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 14 428 E. Public signs. 429 F. Historical and memorial signs. 430 G. Any sign located in an internal location on a site, campus, or complex and that 431 cannot be seen from any public right-of-way or adjacent property. 432 H. Window signs made of paper, cardboard, plastic or similar material, 433 provided such signs are in compliance with all provisions of subsection 4.9 - 434 Supplementary Sign Regulations, A., of this section. 435 I.H. People wearing costumes of the logo or character associated with the company 436 as long as they are located on the business location. 437 J I. Political signs shall not be over six square feet in sign area in all Residential 438 Zones and Districts and the signs shall not be over 32 SF in all other zoning 439 districts and all other zoning districts shall comply with the size regulations 440 in subsection 4.7 Permitted Signs, of this section . All election signs shall be 441 removed no later than seven days after the election. 442 K J. Signs noting a tenant, store, building, etc. is “coming soon”, which sign shall not 443 exceed 32 square feet and only one sign is permitted on the site. The sign shall 444 be 50 feet from other signs. The sign shall not be placed on the site for more than 445 six months. After six months the sign shall be removed even if the tenant, store, 446 building, etc. has not opened or been constructed. 447 [L K. Portable signs designed to be transported, including, but not limited to, A- 448 frames, sandwich boards, and umbrellas used for advertising, except those 449 associated with cafés, restaurants, or outdoor eating establishments 450 throughout the city and retail and personal service stores located within the 451 Downtown Redevelopment Target Area (as defined in Appendix C) . These 452 types of signs shall not obstruct pedestrian or vehicular access. and are limited 453 to No more than one sign is permitted per business, and shall not be over 454 exceed four feet in height.] 455 L. Signs required by federal or state law or by a municipal authority. 456 M. Signs carved into a building or raised in integral relief on a building. 457 N. Flags on flag poles. 458 O. Public Art. 459 P. “Open” signs for business not to exceed two per business.

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 15 460 4.6 Sign prohibited in all districts. 461 A. Any sign which emits a sound, odor or visible matter. Signs which emit 462 audible sound, vapor, smoke, odor, particles or gaseous matter. 463 B. Any sign which competes for attention with, or may be mistaken for, traffic 464 signals. Also, any sign that is determined by the city planner to constitute a 465 traffic hazard by reason of size, location, content, color, or type of illumination. 466 C. Off-premises signs of any type (billboards, temporary signs, directional signs for 467 developments, real estate signs, etc.), except for shared freestanding signs as 468 provided in subsection 4.4 - Design requirements, A.,5., and subsection 4.9 - 469 Supplementary sign provisions, G F., of this section. 470 D. Inflatable signs, except as specifically permitted in subsection 4.9 - 471 Supplementary sign provisions, D., 3., of this section. 472 E. Portable signs designed to be transported, including, but not limited to, 473 signs designed to be transported by means of wheels, signs converted to A- 474 frames or T-frames, sandwich boards, and umbrellas used for advertising, 475 except those permitted in subsection 4.5 - Signs permitted, L., of this 476 section. 477 F E. Vehicle Signs, including changeable copy signs, attached to or painted on 478 vehicles parked so as to be visible from the public right-of-way, unless no other 479 parking spaces out of the public view are available on the lot. Vehicles shall not 480 be located immediately adjacent to the right-of-way unless there are no other 481 parking spaces available. 482 G. Roof signs, except where it has been determined that the building's 483 mountable wall area would permit less than one-half of the permitted 484 maximum wall signage, in which case, a roof sign is permitted under the 485 following conditions: 486 (1) The sign must be mounted within three feet of the eave. 487 (2) The sign cannot exceed one-half of the maximum permitted wall sign 488 area. 489 (3) The sign may not be higher than it is wide. 490 (4) The sign may not be higher than the roof ridge. 491 (5) The sign must meet the same design standards as wall signs. 492 H F. Signs painted on or attached to trees, fence posts, natural features, or telephone 493 or utility poles.

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 16 494 I G. Signs that are flashing, rotating, or fluttering material or that give the 495 appearance of movement, or are illuminated by flashing or intermittent lights, or 496 lights of changing degrees or intensity, except as permitted under subsection 4.4 497 - Design requirements, of this section. 498 J H. People wearing sandwich boards or holding other types of signs. 499 K I. Temporary signs made of cardboard, paper, canvas or similar impermanent 500 material, except those permitted in subsection 4.9 - Supplementary sign 501 provisions, of this section. 502 L J. Window signs covering more than 30 50 percent of a window or a door, or 503 mounted above the first floor, except those permitted in [subsection] 4.9 - 504 Supplementary sign regulations, A.5., and F.,1., of this section. 505 M. Window signs in or adjacent to residential properties or districts. 506 N K. Pennants, balloons, streamers, flags, etc. except when permitted in subsection 507 4.5 - Signs permitted in all districts and not requiring permits and in 508 subsection 4.9 - Supplementary sign regulations, D.,1., of this section. 509 4.7 Permitted signs. Signs are permitted in all zones in accordance with the following table, 510 which is a list of permitted sign types by use, proximity to residential uses and road 511 classification. 512 TABLE INSET: 513 SIGN TABLE Permitted 514 Use Signs Setback Road Max Max % of (R.O.W Exclusion 515 Specific Type Sign Type # Permitted Size Height Wall** ) Zone Single-Family Detached/ All Signs permitted in § 4.5 only Semi- Streets detached 516 Residential 517 Uses and All Post or 1/ 5 S.F. 5' N/A 5' N/A 518 Non- Professional Streets monument 519 Residential Office All 520 Uses in Monument 1/entrance 12 S.F. 4' N/A % 5' 50' Streets 521 Residential 522 Districts Subdivisions <=15% N/A Wall & 1/frontage 24 S.F. 20' N/A Multi-family All residential uses Streets Manufactured 24 Monument 1/entrance 5' N/A 5' 50' home parks S.F.

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 17 32 <= 15% N/A Wall & 1/frontage 30' N/A S.F. Urban Principal 1/entrance 32 Arterial Monument # S.F. 7’ N/A 10' 50' Places of Worship 1/frontage Daycare Centers Pylon* 32 S.F. 30' N/A 30' 200' 523 Non- Approved 1/frontage <= 10 N/A 524 Residential Conditional Uses Wall & 24 S.F. 30' N/A 525 uses adjacent Educational/ % Urban Minor 526 to Residential Institutional Arterial Monument 1/entrance 24 S.F. 7' N/A 10' ’ 50' 527 Districts or All other approved # or 528 uses Non- Post**** 1 6 S.F. 7’ N/A 5’ 50’ residential <= 5 % N/A Uses Wall & 1 /frontage 16 S.F. 20' N/A Urban Local/ Collector Monument # 1/entrance 16 7’ N/A 10' 50' or S.F. Post**** 1 6 S.F. 7’ N/A 5’ 50’ 1 /frontage No 30' *** <= 15% N/A Wall & N/A max Monument 1/entrance 63 S.F. 10' N/A 10’ 50' # Urban Principal Arterial 1/frontage 75 S.F. Pylon OR* 30' N/A 15' 150' 1/frontage 100 S.F Pylon* 30' N/A 31' 150' 529 Non-Residential . 530 Uses in Non- 32 <= 15% 531 Non- Residential Wall & 1 frontage 30' N/A N/A S.F. 532 Residential Uses Urban MinorMonument 533 Districts 1/entrance Arterial 32 S.F. 7' N/A 10' 50' # or Post**** 1 8 S.F. 7” N/A 10’ 25’ 1/frontage 32 <= 15% N/A Wall & 30' N/A S.F. Urban Local/ Collector Monument 1/entrance 32 S.F. 7' N/A 10' 50' # or Post**** 1 8 S.F. 7” N/A 10’ 25

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 18 534 SIG N T A B LE 535 U se Perm itted Signs R oad Type Percentage of N um ber M ax M ax Setback E xclusion Specific Sign Type Total W all Perm itted Size H eight (R .O .W ) Zone A rea Single-F am ily A ll D etached Signs perm itted in §4.5 only Streets Sem i-detached A ll Post or 536 R esidential Professional Streets M onum ent 1/entrance 12 S.F . 7 feet N /A 5 feet 20 feet 537 U ses and O ffice 538 N on - A ll W all 1/frontage 16 S.F . N /A < = 15% N /A N /A 539 R esidential Streets 540 U ses in Sub divisions 541 R esidential W all & 1/frontage 32 S.F . N /A < = 15% N /A N /A 542 D istricts M ulti-fam ily A ll R esidential U ses Streets M onum ent M anufactured H om e or Post and 2/entrance 32 S.F . 7 feet N /A 5 feet 20 feet Parks Panel W all & 2/frontage 32 S.F . N /A < = 15% N /A N /A M onum ent or U rban Post and 1/entrance 32 S.F . 7 feet N /A 10 feet 20 feet Places of Principal Panel O R W orship A rterial Post** & 1/frontage 16 S.F . 7 feet N /A 5 feet 5 feet D aycare C enters 543 N on- Pylon* 1/frontage 32 S.F . 30 feet N /A 30 feet 50 feet 544 R esidential A pp roved 545 U ses C onditional U ses W all & 2/frontage 32 S.F . N /A < = 15% N /A N /A 546 adjacent to U rban M onum ent 547 R esidential E ducational/ M inor or Post and 1/entrance 32 S.F . 7 feet N /A 5 feet 20 feet 548 D istricts or Institutional A rterial Panel O R 549 U ses Post** 1/frontage 16 S.F . 7 feet N /A 5 feet 10 feet A ll other approved N on-residential W all & 2/frontage 32 S.F . N /A < = 15% N /A N /A U ses U rban M onum ent Local/ or Post and 1/entrance 32 S.F . 7 feet N /A 5 feet 20 feet C ollector Panel O R Post** 1/frontage 16 S.F . 7 feet N /A 5 feet 10 feet W all & 2/frontage N o m ax N /A < = 15% N /A N /A M onum ent U rban or Post and 1/entrance 100 S.F . 10 feet N /A 10 feet 20 feet Principal Panel & A rterial Pylon O R * 1/frontage 100 S.F . 30 feet N /A 15 feet 50 feet Pylon* 1/frontage 150 S.F . 30 feet N /A 31 feet 50 feet 550 N on- W all & 2/frontage N /A < = 15% N /A N /A 551 R esidential 64 S.F . 552 U ses in N on-R esidential U rban M onum ent or 553 N on- U ses M inor Post and 1/entrance 64 S.F . 7 feet N /A 5 feet 20 feet 554 R esidential A rterial Panel O R 555 D istricts Post** 1/frontage 16 S.F . 7 feet N /A 5 feet 10 feet W all & 2/frontage 32 S.F . N /A < = 15% N /A N /A U rban M onum ent Local/ or Post and 1/entrance 32 S.F . 7 feet N /A 5 feet 20 feet C ollector Panel O R Post** 1/frontage 16 S.F . 7 feet N /A 5 feet 10 feet 556 * D enotes that an additional w all sign m ay be perm itted/added in lieu of a freestanding pylon sign. 557 ** N o w all m ounted sign shall exceed m ore than 50 percent o f th e m ountable w all area as defined in subsection 4.4 - D esign requirem ents, C ., 558 2., of this section. 559 ***Sign h eight m ay b e increased b y the P lanning C om m ission as a p art of the A rchitectural R eview of a S ite D evelopm ent P lan A pproval p rocess;

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 19 560 how ever, the sign h eight m ay n ot exceed the building height. T he proposed height shall com plem ent the architecture of the b uilding as d eterm ined 561 by the P lanning C om m ission. 562 **** ** Post sign would be in lieu of a m onum ent sign or post and panel sign. 563 # Location of m onum ent/post and panel signs m ay be approved by the Planning C om m ission as a part of a Site D evelopm ent Plan A pproval process. 564 4.8 Unified Comprehensive Signage Plan campuses and complexes. 565 A. Purpose statement. Recognizing that large campuses and complexes have 566 signage needs that may not be adequately addressed by traditional sign 567 regulations, this subsection of the ordinance is intended to allow a procedure for 568 approval of a unified comprehensive signage plan for these sites unified 569 campuses and complexes . 570 1. Campuses and complexes are required to follow all standard signage 571 requirements, as embodied elsewhere in this ordinance [section], unless 572 they choose to apply to the planning commission for comprehensive 573 signage plan approval. All such plans must embody a thorough review of 574 all existing signs. 575 2. Any proposed shopping center or group of three or more principal 576 structures under common management and operation located on one or 577 more contiguous properties is required to submit an application for 578 comprehensive signage plan approval to the planning commission. 579 3. Any business or institution which has more than 400 linear feet of 580 frontage on a principal arterial may submit an application for 581 comprehensive signage plan approval. 582 B. Design guidelines for unified comprehensive signage plans. 583 1. Unified campuses and complexes applying for a unified comprehensive 584 signage plan may not be held to the height, size, number and area 585 regulations for signs found in other [sub]sections of this ordinance 586 [section]. However, the number, type and size of signs proposed may not 587 be excessive, and must be in proportion to the scale of the buildings and 588 the uses on the site. 589 2. All unified comprehensive signage plans must comply with all design 590 guidelines found in subsection 4.4 - Design requirements of this section, 591 as well as all specific design guidelines found in this section. 592 3. Building signs shall be in harmony with the overall architectural concept 593 for the site, and be compatible with each other and the building facades. 594 4. The freestanding signs identifying shopping centers and other unified 595 campuses and complexes shall identify the name of the campus or 596 complex and no more than three separate tenants within the campus or 597 complex unless otherwise approved by the planning commission.

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 20 598 5. There shall be architectural harmony and unity of signs within a united 599 unified campus or complex. Sign type, color scheme, size, and 600 illumination within the site shall be coordinated and shall be compatible 601 with the architecture of the center and the surrounding area. 602 C. Planning commission duties. In reviewing and approving comprehensive signage 603 plans, the planning commission shall take into consideration the public health, 604 safety and welfare, the comfort and convenience of the public in general and of 605 the residents, businesses, and property owners of the immediate neighborhood 606 in particular, and shall ensure that unified campuses and complexes have 607 adequate, but not excessive, signage. Specifically, the following objectives shall 608 guide the commission when reviewing such plans: 609 1. That the size and complexity of the campus or complex warrants the need 610 for extra signage under the provisions of this ordinance [section]; 611 2. That, in respect to the number and type of entrances, the placement of 612 signage at or near those entrances provides superior visibility in order to 613 ensure the safety of the driving public; 614 3. That the proposed signs are adequate in number to safely direct the public 615 to the use or uses on the site; 616 4. The proposed signs must not have an adverse impact on the visibility of 617 adjacent signs, and shall be consistent with, or an improvement over, the 618 prevailing type and style of signage in the general area; 619 5. That the proposed signs will be of a style and color which will 620 complement the architecture of the site, and the area in general. 621 D. Submission requirements. 622 1. A pre-application meeting is required. No application will be accepted 623 without a pre- application meeting. 624 2. Copies of a sign plan, which details the signage proposal, including 625 relevant application forms, will be due on the regularly scheduled 626 submission deadline for planning commission review. The sign plan shall 627 illustrate the physical location of all existing and proposed signs on the 628 subject property and their relationship to existing and/or proposed 629 buildings on the site. The submission plan shall include color renderings 630 of each proposed sign (drawn to scale), along with architectural elevation 631 drawings of the building depicting the placement of all wall mounted 632 signs existing and proposed. 633 3. Public notice is required, following the procedures set forth in article 10, 634 section sec. 2.47 2.43 (C). 635 4. The application fee as provided for in Appendix F - Fees and Fines, is due

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 21 636 at time of application. 637 E. Amendments to approved comprehensive signage plans. Any new or revised 638 signs to be placed on a property with an approved comprehensive signage plan 639 need not go back to the planning commission for re-approval if the sign area is 640 not increased more than five fifteen percent, and the proposed signs conform to 641 the overall design concept and colors as approved. The five fifteen percent 642 increase shall be calculated cumulatively over the life of the project, based upon 643 the originally approved sign area. 644 4.9 Supplementary sign provisions. 645 A. Window signs. 646 1. Three window signs shall be permitted as additional signage on walls 647 fronting on the public right-of-way. Text, including lettering and 648 numbers, shall not exceed a height of 12 inches. 649 2. Window signs shall not cover more than 30 50 percent of any window 650 pane or glass door panel, exclusive of window and/or door frame. 651 3. Windows principally viewed from drive aisles and parking lots and not 652 prominently visible from the public right-of-way shall be exempt from 653 restrictions on the number of signs, and may be approved by the city 654 planner for a window coverage area greater than 30 50 percent, and/or 655 lettering height taller than 12 inches, when the business elects to have 656 less window signage than permitted on the windows fronting on, or 657 prominently visible from, the public right-of-way. 658 4. Window signs shall be permitted on windows on the first floor of a 659 building only. 660 5. The city planner may waive the provisions of this [sub]section when it 661 has been demonstrated that the proposed window signs are of a unique or 662 superior quality and style, and are intended to compliment the 663 architectural design of the building, or when the business elects to use 664 less wall signs than permitted for the purpose of complimenting the 665 architectural design of the building. Signs granted this waiver are not 666 exempt from the requirement to obtain a sign permit. 667 B. Historic district signs. 668 1. All signs in the historic district must meet the standards laid out in the 669 design standards and guidelines for the City of Dover Historic District 670 Zone. Any and all standards found elsewhere in this ordinance [section] 671 may be waived as part of the architectural review approval when 672 proposed signs are determined to contribute to or improve the historic 673 context of the building.

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 22 674 C. Gas station signage. 675 1. Canopy signs. 676 (a) Canopy sign height shall not exceed 30 feet. 677 (b) Canopy sign copy shall be directed toward a public street. 678 (c) Canopy sign area shall be limited to no greater than ten twenty 679 percent of the area of the canopy face to which the sign is applied. 680 2. Exempt signs. 681 (a) State or federal required price per gallon signage shall not count 682 towards overall sign area for the site, unless they exceed 20 32 683 square feet in size. 684 (b) Price per gallon signs not exceeding two square feet, located on 685 the pump itself. 686 D. Temporary signs 687 1. Temporary Signs. Temporary signs for special events not requiring a 688 special event permit, including inflatable signs with a surface area of 689 less than 100 square feet and not more than 25 feet tall , may be erected 690 on the premises of any establishment conducting a special event, provided 691 that such signs do not exceed a total of two signs with a total of 100 692 square feet in sign area., and provided that such temporary signs shall 693 not be displayed for either (a) a continuous period in excess of 30 694 days in any given three-month period or (b) a continuous period in 695 excess of 15 days in a given 45 day period. Temporary signage shall 696 be displayed no longer than 90 days per calendar year. For grand 697 openings, the maximum number, sign type, and allowable area may be 698 waived by the city planner. Permits for such signs are required and shall 699 be accompanied by a fee as provided for in Appendix F - Fees and Fines. 700 The city planner may waive the time period, not to exceed an additional 701 30 days, if they determine that there are extenuating circumstances 702 requiring further time for a temporary sign. 703 (a) Special Event Permit Temporary Signage. When signage is 704 requested in association with a Special Event Permit the 705 signage shall be permitted and limited to the timeframe of the 706 proposed Special Event as identified on the Special Event 707 Permit. The number of signs shall be limited to a maximum of 708 three (3) signs with an overall sign area of 100 SF. Each sign 709 shall require a temporary sign permit and shall be 710 accompanied by the associated fee for a temporary sign as 711 provided for in Appendix F - Fees and Fines.

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 23 712 i. The signage for the Special Event Permit Temporary 713 sign shall not impact the timeframe of Temporary 714 signage. Signage associated with a Special Event 715 Permit shall be separate from the time period for 716 temporary signage in subsection 4.9 - Supplementary 717 sign provisions, D.,1., of this section. 718 2. Race weekend signs. During any seven-day period prior to or seven-day 719 period following the Saturday or Sunday that auto racing is occurring, 720 temporary signs may be erected without a permit and with no restrictions 721 on the number or size of the signs. 722 3. Inflatable signs. Permits for such signs are required and shall be 723 accompanied by a fee as provided for in Appendix F - Fees and Fines . 724 Inflatable signs with a surface area greater than 100 square feet and 725 not more than 25 feet tall are permitted only during grand opening 726 events, community festivals and during race weekends, and must 727 meet the following requirements: 728 (a) A permit is required to ensure that adequate anchoring will 729 be provided for the sign. Inflatable signs with a surface area 730 equal to or less than 100 square feet and not more than 25 feet 731 tall are permitted in subsection 4.9 - Supplementary Sign 732 provisions, D.1., of this section and shall meet the following 733 requirements: 734 i. The inflatable sign shall be setback from the edge of the 735 right-of-way a minimum of 25 feet. 736 ii. The inflatable sign shall be securely anchored to the 737 building or ground. 738 (b) A plot plan is required showing the placement of [the] 739 inflatable in respect to utility lines and traffic patterns. 740 Inflatable signs with a surface area over 100 square feet and not 741 more than 25 feet tall are permitted only during grand opening 742 events, community festivals, and during race weekends in 743 accordance with subsection 4.9 Supplementary Sign provisions, 744 D.1. and D.2., of this section and shall meet the following 745 requirements: 746 i. The inflatable sign shall be setback from the edge of the 747 right-of-way a minimum of 25 feet. 748 ii. A plot plan/survey is required showing the placement of 749 the inflatable sign in respect to utility lines and traffic. 750 iii. The inflatable sign shall be securely anchored to the 751 building or ground.

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 24 752 (c) No inflatable shall be placed any closer to the right-of-way 753 than the height of the inflatable itself. 754 (d) Inflatable signs shall be securely anchored to the ground or 755 securely fastened to a building for the purpose of maintaining 756 such devices in a stationary location while on display. 757 E. Motor vehicle sales lots. This subsection allows motor vehicle sales lots to 758 compensate for their likelihood to be mistaken for ordinary parking lots unless 759 additional signs or other attention getting devices are placed in the sales area. It 760 has also been demonstrated that these businesses tend to have smaller buildings 761 relative to their land area diminishing their ability to effectively use wall signs. 762 1. Banners are permitted on motor vehicle sales lots with a permit. Such 763 banners may be permitted at a rate not to exceed one banner for each ten 764 motor vehicle parking/storage spaces on the premises, and any such 765 banner shall not be situated closer than 50 feet of any other banner on the 766 premises. Parking spaces required for employees, customers, and service 767 department uses shall not be counted to calculate the number of banners. 768 The term "banner" does not include pennants, streamers, balloons, or 769 other temporary or permanent signs. 770 2. Banners shall not exceed a width of three feet. 771 3. All banners must be securely attached to light standards, poles, or other 772 substantial mounting hardware. Except for temporary signs permitted 773 under the provisions of subsection 4.9. - Supplementary sign provisions, 774 D., of this section, all banners must be constructed of a permanent, 775 weather resistant material. 776 F. Window and wall signs located 100 feet or more from the roadway. 777 1. Any window or wall sign associated with an approved nonresidential 778 use, and which is not adjacent to a residential use, is eligible for sign 779 area bonuses when located at least 100 feet from the public right-of- 780 way. To qualify for the bonus, the sign must be placed on an exterior 781 building wall which is set back at least 100 feet from the right-of-way 782 line, and shall face the public right-of-way line from which the 783 setback distance is measured. Sign area bonuses are authorized 784 according to the following schedule: 785 TABLE INSET: Bonus Sign Area Mountable Wall Area 786 Distance from Window Coverage (Allowable Area × % 787 Right-of-Way Bonus 788 100 feet 17% 55% 35% 789 150 feet 18% 60% 40% 790 200 feet 19% 65% 50% 791 300 feet or more 21% 75% 60%

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 25 792 F. G. Shared freestanding signs. 793 1. For adjoining nonresidential properties, a freestanding sign structure may 794 be shared among adjoining property owners or businesses solely for the 795 purpose of identification of the adjoining premises or businesses. 796 2. Where two multiple property owners have agreed to share a freestanding 797 sign as referenced in subsection 4.4 - Design requirements, of this 798 section, the shared freestanding sign shall be entitled to a combined sign 799 area bonus of not more than 50 percent over the freestanding sign area 800 otherwise permitted for the property on which the shared freestanding 801 sign would be placed. 802 3. The permit application for a shared freestanding sign shall be 803 accompanied by a binding legal agreement between the two multiple 804 adjoining property owners and/or businesses which describes the 805 ownership and maintenance obligations for such shared sign. 806 G. H. Single buildings with multiple commercial tenant spaces or facades. 807 1. Structures, such as shopping centers, which contain multiple commercial 808 tenant spaces, are permitted to have at least one wall sign on each unit. 809 This provision shall only apply to units on the first floor of the structure. 810 2. When a structure is designed so that there are distinctly different facades 811 or sections of the building along a single frontage, at least one wall sign 812 is permitted on each facade or section of the building. 813 3. Multi story office buildings with multiple tenants are permitted one wall 814 sign per tenant. The total sign area for all of the signs for all of the 815 tenant spaces may be up to but not exceed 50% more than the sign 816 area permitted by subsection 4.7 - Permitted Signs, of this section. 817 The signs shall be located in the same area on the building. Signs 818 shall not be located above the second story. 819 4.10 Nonconforming signs. 820 A. Exclusions. Nonconforming signs which are within ten percent of compliance of 821 any height, area or location requirement and which conform to all other 822 provisions of this ordinance shall be considered legal signs for the purposes of 823 these regulations, except as provided in subsection. 4.10 - Nonconforming signs, 824 B.,5.4, below. 825 B. Removal or compliance required. Nonconforming signs shall be removed from 826 the premises or otherwise made to comply with these regulations in the following 827 instances: 828 1. When there is renovation to more than 75 percent of the exterior of the 829 principal building measured in square feet of exterior wall surface area,

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 26 830 or expansion of more than 20 percent of the floor area of the principal 831 building measured in square feet of floor area on the premises on which 832 such nonconforming signs are present, except that freestanding signs that 833 are nonconforming with respect to front setback requirements shall 834 not be made to be set back further than the front of the principal 835 structure as specified shall not be required to conform; however, the 836 degree of non-conformity shall not increase . When, within any given 837 two-year period, individual renovation projects involving less than 75 838 percent of the building exterior and/or individual building additions 839 involving less than 20 percent of the floor area of the principal building 840 on the premises would in aggregate exceed the 75 percent renovation 841 and/or 20 percent expansion thresholds set forth herein, all such 842 nonconforming signs shall be brought into conformity with these 843 regulations or shall be removed from the premises. 844 2. Prior to the issuance of any permit for the placement of any additional 845 signage on the property. No new signs of any type shall be added to the 846 property until the nonconforming sign is removed. 847 3. Nonconforming signs (including all supporting structures and mounting 848 hardware) which have been abandoned shall be removed from the 849 premises or otherwise made to conform within one year from the date of 850 abandonment. Refacing the sign in accordance with other requirements 851 of this ordinance [section] does not absolve an owner from complying 852 with this subsection. In certain instances where it is evident that the 853 reoccupation or reuse of a premises which contains an abandoned 854 nonconforming sign is imminent, the city planner may grant an extension 855 of time within which to reestablish the use of such nonconforming sign. 856 4. When there is a change of use to a property where nonconforming 857 signs exist, such signs shall be brought into conformity with these 858 regulations or shall be removed from the premises. 859 5. 4. Any nonconforming sign which has been removed from the premises 860 shall be considered discarded, and replacement shall constitute a new 861 sign, and require new permits. 862 C. Notification and responsibility. It shall be the responsibility of the owner of 863 record of such property to cause the removal of such nonconforming signs in 864 accordance with these provisions. When any of the above-listed conditions exist, 865 the city planner is authorized to issue written notice to the owner of record of 866 such property, stating that such signs shall be removed within two calendar 867 weeks of the date of receipt of the written notice. In cases where signs are 868 determined to be unsafe or present a hazard, the city planner may order their 869 removal in a shorter period of time. Failure to comply with these regulations, 870 after due notice, shall be deemed a violation of this ordinance and [is] punishable 871 in accordance with the provisions of article 8, section 4 of this ordinance. In 872 addition, in the event that compliance is not achieved within the stated period, 873 the city planner may remove or cause to be removed from the premises any such

Proposed Ordinance #2012-13 - Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations Page 27 874 signs in violation of this ordinance [section]. All expenses incidental to such 875 removal shall be charged to the owner of record of such property and shall 876 constitute a lien upon such property. 877 4.11 Abandoned and Damaged signs. 878 A. Abandoned Refacing. All signs that conform to the current regulations which are 879 deemed abandoned shall either be refaced with a blank or blacked out face or 880 removed totally (including the supporting structure and/or mounting hardware) 881 within 60 90 days of abandonment. Covering sign copy with tarps, paper, tape, 882 cardboard or other nonpermanent materials is not an acceptable method of 883 refacing. 884 B. Removal. Any conforming sign, which has been removed from the premises, 885 shall be considered discarded, and replacement shall constitute a new sign, and 886 require new permits. 887 C. Repair. All signs that are damaged (no longer working, cracked, missing pieces, 888 etc.) shall be repaired within 30 days. A permit is not required as long as the sign 889 will look exactly the same as it did before the sign was damaged. If there are any 890 changes (color, script, etc.) to the sign a new permit will be required. 891 4.12 Historic or Significant Signs. 892 A. Preservation of Historic or Significant Signs. Signs that are at least fifty years 893 old and considered historic or to have cultural/aesthetic significance shall be 894 protected and preserved. If these signs are legal[ly] nonconforming they shall 895 maintain their nonconforming status indefinitely. The determination of the 896 historic or cultural/aesthetic significance of the sign shall be determined by the 897 historic district commission. 898 1. The owner of the premises on which these signs reside shall maintain the 899 signs to ensure they work and are in good condition. 900 SYNOPSIS 901 The proposed ordinance is a comprehensive amendment to the City of Dover Sign 902 Regulations and includes a combination of clarifications, simplification of the 903 requirements, and significant relaxation of the regulations currently in place. Changes 904 include an increase in allowable sign area, an increase in the number of signs permitted, 905 incorporation of several definitions and other provisions from the United States Sign 906 Council Model Sign Code, a reduction in the exclusion zone between sign structures, 907 and increased flexibility in temporary signage. 908 Actions H istory: 909 June 25, 2012 - First Reading/Referral to the Planning Commission and Setting of Public H earing for August 13, 2012 910 June 11, 2012 - Introduced in the Parks, Recreation and Community Enhancement Committee

PETITION TO AMEND ZONING ORDINANCE TEXT Report to the Dover City Council August 13, 2012 Proposed Change: Amendment to Zoning Ordinance, Article 3 –District Regulations, Section 23 – Agricultural Zone (A), to add a new permitted use (23.16) Summary of Amendment: The proposed amendment was sponsored by members of City Council in response to a constituent request. The amendment would add “Sales of agricultural supplies and products as an accessory use to the principal agricultural use on the parcel.” The proposed amendment would help the remaining parcels within the A Zone in the City to remain viable by allowing sales of agricultural supplies and products on agricultural properties. Planning Commission Recommendation: Following a public hearing on July 16, 2012, where no members of the public spoke with regard to the proposed ordinance, the Planning Commission voted unanimously (9-0) to recommend that City Council approve the proposed ordinance. Ordinance Number: 2012-14 File Number: MI-12-13

Page 2 of 2 Excerpt from DRAFT Planning Commission Minutes of July 16, 2012: MI-12-13 Text Amendment: Revisions to Zoning Ordinance, Article 3 Section 23 Agricultural Zone - Public Hearing and Review for Recommendation to City Council of a Text Amendment to the Zoning Ordinance, Article 3 Section 23 Agricultural Zone (A) relating to permitted uses. The proposed ordinance adds Section 23.16 to permit the sale of agricultural supplies and products, accessory to the principal agricultural use on a parcel within the A Zone. Ordinance #2012-14. Representative: Staff Mrs. Townshend stated that this amendment would add the language under the “Uses Permitted” within the A Zone: “Sales of agricultural supplies and products as accessory to the principle agricultural use on the parcel.” Essentially what it would allow for is if you have a farm, you could sell your products or farming supplies. There is not a whole lot of farmland left in the City; however, some of what is left is permanently protected so we want to keep it viable. This was requested by the owner of agricultural property with three (3) sponsors from City Council. Mr. Holt questioned if you were talking about more like roadside farmstands? Responding to Mr. Holt, Mrs. Townshend stated that it could be that or it could be agricultural supplies such as grass seed, fertilizer or agricultural products other than heavy equipment. Colonel Welsh opened the public hearing and after seeing no one wishing to speak closed the public hearing. Mr. Tolbert moved to forward recommendation of approval to City Council for MI-12-13 Text Amendment: Revisions to Zoning Ordinance, Article 3 Section 23 Agricultural Zone, seconded by Mr. Holt and the motion was unanimously carried 9-0.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JUNE 27, 2012 APPLICATION: TEXT AMENDMENT: REVISIONS TO ZONING ORDINANCE, ARTICLE 3 SECTION 23 AGRICULTURAL ZONE FILE #: MI-12-13 REVIEWING AGENCY: City of Dover Electric and Public Works Departments CONTACT PERSON: Steve Enss - Electric Jason A. Lyon – Public Works CONTACT PHONE #: ELECTRIC - 302-736-7070 PUBLIC WORKS – 302-736-7025 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 / STORMWATER / SANITATION / STREETS / GROUNDS 1. Our office has no objections to the proposed amendment. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS 1. None ADVISORY COMMENTS TO THE APPLICANT ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS 1. None. 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 .

FINAL READING CITY OF DOVER ORDINANCE #2012-14 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL 2 MET: 3 That Appendix B – Zoning, Article 3 – District Regulations, Section 23 – Agricultural Zone (A), 4 Subsection 23.1 – Uses Permitted, be amended by inserting the language indicated in bold, blue italics 5 as follows: 6 Section 23. - Agricultural zone (A). 7 23.1 Uses permitted. In an agricultural zone (A), no land or building shall be used and no building 8 or part of a building shall be erected or altered which is arranged, intended or designed to be used, in 9 whole or in part, for any uses except the following: 10 23.11 Agriculture including general farming, pasture, orchard, grazing, outdoor plant nurseries, 11 truck farming, forestry, and wild crop harvesting; 12 23.12 Kennels and stables as a conditional use under section 10.1 of this ordinance, provided 13 that any building or open pen for keeping of animals shall be located at least 100 feet from any 14 lot lines; 15 23.13 Non-commercial recreational uses including parks, camps, picnic grounds, hiking and 16 riding trails, fishing areas, game farms, fish hatcheries, wildlife sanctuaries, nature preserves, 17 swimming areas and boat launching sites. No buildings or impervious ground covers shall be 18 permitted in connection with recreation uses, except as a conditional use by permission of the 19 planning commission under article 10, section 1 of this ordinance; 20 23.14 Public utility rights-of-way and structures, subject to such conditions as the planning 21 commission may impose in order to protect and promote health, safety and general welfare; 22 23.15 Single-family detached residential dwellings on individual lots in the form of a 23 conventional subdivision, or single-family detached or attached housing in the form of rural 24 residential cluster development. The density and lot size requirements for conventional 25 residential development of agriculturally zoned land are set forth in article 3, section 23.2 of this 26 ordinance. The conditions of eligibility, density limits and design requirements for rural 27 residential cluster development are set forth in article 3, section 23.3 of this ordinance. 28 23.16 Sales of agricultural supplies and products as an accessory use to the principal 29 agricultural use on a parcel. 30 ADOPTED: * 31 SYNOPSIS 32 The proposed ordinance would allow the sale of agricultural supplies and products, accessory to the agricultural use of a parcel. 33 34 Actions History: 35 June 25, 2012 - First Reading/Referral to the Planning Commission 36 June 11, 2012 - Introduced in the Parks, Recreation & Community Enhancement Committee

PETITION TO AMEND ZONING ORDINANCE TEXT Report to the Dover City Council August 13, 2012 Proposed Change: Amendment to Zoning Ordinance, Article 3 –District Regulations, Section 9 – General Residence and Office Zone (RGO), eliminate the language that prohibits alcohol sales in restaurants in the zone. Summary of Amendment: The proposed amendment was sponsored by members of City Council in response to a constituent request. The amendment would eliminate the language “with no alcoholic beverages” from the conditional use provisions allowing restaurants in properties that are in both the RGO and H (Historic District) zones. While the proposed ordinance would not necessarily permit alcohol sales, it would not explicitly prohibit it. Restaurants are a conditional use in the portions of the RGO zone that are within the H zone. (See attached map of areas.) If the proposed ordinance is approved, sale of alcohol could be one of items reviewed during the review of a Conditional Use application. Conditional Use applications are subject to a public hearing before the Planning Commission. Additionally, alcohol sales are subject to the regulations (including licensure) of the State of Delaware Alcoholic Beverages Control Commission. In reviewing the history of the RGO zone, subsection 9.14 (which is proposed to be amended under this proposed ordinance) was added in 1989, as part of the implementation of the “Dover Central Area Plan.” The reason for the prohibition of alcohol in restaurants does not appear to have been explicitly addressed in the adoption of this subsection. Planning Commission Recommendation: Following a public hearing on July 16, 2012, where one member of the public spoke in favor of the proposed ordinance, the Planning Commission voted unanimously (9-0) to recommend that City Council approve the proposed ordinance. Ordinance Number: 2012-15 File Number: MI-12-14

Page 2 of 3 Excerpt from DRAFT Planning Commission Minutes of July 16, 2012: MI-12-14 Text Amendment: Revisions to Zoning Ordinance, Article 3 Section 9 General Residence and Office Zoning (RG-O) - Public Hearing and Review for Recommendation to City Council of a Text Amendment to the Zoning Ordinance, Article 3 Section 9 General Residence and Office Zoning (RG-O) Zoning District. The ordinance would remove the prohibition of the sale of alcohol within restaurants that are located within the RGO Zoning District by amending Article 3 Section 9.14(b)i. The use as a restaurant is subject to Conditional Use approval by the Planning Commission. Ordinance #2012-15. Representative – Staff Mrs. Townshend stated that this is another amendment that was sponsored by members of City Council. It would eliminate the language “With no alcoholic beverages” from the Conditional Use provisions allowing restaurants and properties that are zoned both RG-O and H (Historic District). Currently, the Code reads “With no alcoholic beverages.” This amendment would eliminate that language. It would not necessarily permit alcohol; however, would take off the prohibition. Mrs. Townshend further stated that since this is a Conditional Use, this is something the Planning Commission would be able to consider during the review of the Conditional Use application. Alcohol sales are subject to regulations including a license through the State of Delaware from the Alcoholic Beverages Control Commission. Included in your packet is a map where it shows the Historic District Zone and with the blue hatching in that map showing the area where the amendment could be applicable. There were no comments from any Planning Commission members at this time. Colonel Welsh opened a public hearing. Mr. Conny Malmberg – Representing the Applicant that requested the Ordinance Change – Stated that after consultation with the Planning Office, this Ordinance is applicable and feels that it is a good idea for the City. His particular client is the Governors Club Café which is the large Victorian house located across from the Governor’s house. Currently, Mr. Sorrels runs a sandwich shop there that has been fairly successful on a daily basis. People have been asking him if he could do a wine bar at 5:00 PM and let people sit on his front porch and wind down. In further support of this amendment, if you look at any of the nice historic towns around the State, all of them convert the older buildings to neat old eateries such as the “Buttery” in Lewes, Delaware and several others in Lewes and places in New Castle County. It helps small businesses with the kind of quaint feeling of a town. This would be a plus to permit this use as a potential use with the property location and eatery such as this one. Mr. Malmberg further stated that this remains a Conditional Use so if there were any particular circumstances with conditions or restrictions, they would still maintain control over that. He does not feel that this is a risk; however, a positive thing for the City of Dover. He would request that you approve it. Colonel Welsh closed the public hearing after seeing no one else wishing to speak. Mr. Ambruso moved to forward recommendation of approval to City Council for MI-12-14 Text Amendment: Revisions to Zoning Ordinance, Article 3 Section 9 General Residence and Office Zoning (RG-O). The new Ordinance would remove the prohibition of the sale of alcohol within

Page 3 of 3 restaurants that are located within the RG-O Zoning District, seconded by Mr. Holt and the motion was unanimously carried 9-0.

CITY OF DOVER DEVELOPMENT ADVISORY COMMITTEE APPLICATION REVIEW COMMENTARY STAFF D.A.C. MEETING DATE: JUNE 27, 2012 APPLICATION: TEXT AMENDMENT: REVISIONS TO ZONING ORDINANCE, ARTICLE 3 SECTION 9 GENERAL RESIDENCE & OFFICE ZONING (RG-O) FILE #: MI-12-14 REVIEWING AGENCY: City of Dover Electric and Public Works Departments CONTACT PERSON: Steve Enss - Electric Jason A. Lyon – Public Works CONTACT PHONE #: ELECTRIC - 302-736-7070 PUBLIC WORKS – 302-736-7025 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 / STORMWATER / SANITATION / STREETS / GROUNDS 1. Our office has no objections to the proposed amendment. RECOMMENDATIONS SUGGESTED AS CONDITIONS OF APPROVAL TO MEET CODE OBJECTIVES ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS 1. None ADVISORY COMMENTS TO THE APPLICANT ELECTRIC / WATER / WASTEWATER / STORMWATER / SANITATION / STREETS / GROUNDS 1. None. 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 .

FINAL READING CITY OF DOVER ORDINANCE #2012-15 1 BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF DOVER, IN COUNCIL MET: 2 That Appendix B – Zoning, Article 3 – District Regulations, Section 9 – General Residence and Office Zoning (RGO), 3 Subsection 9.14 (b) be amended by deleting the text indicated in bold, red, strikethrough as follows: 4 5 (b) In order to stimulate limited commercial activity in this zone where the city's historic district overlay zone exists 6 and to make this portion of the city's historic district a greater attraction to tourists and residents, the following list 7 of preferred uses may be permitted as conditional uses, subject to the approval of the planning commission: 8 i. Antique shops, art galleries, gift and card shops, book stores, specialty hobby stores (i.e., miniatures, 9 models, needlecrafts), bakeries (including baking on premises), [and] restaurants with no alcoholic 10 beverages. 11 ii. Limitation of entrances from State Street only. 12 iii. Total floor area of any one retail use [is] not to exceed 2,000 square feet. 13 iv. Such uses will be subject to historic district requirements and will therefore require an architectural 14 review certificate. Architectural review certificates for retail uses described above shall not be granted 15 unless it has been demonstrated that the proposed use will result in either no material change to the 16 exterior of the structure visible from State Street or will result in a restoration of the structure to an 17 appearance which can be documented to more closely reflect the historical appearance of that structure. 18 Material change would include modifications to doors, windows and masonry, other than routine 19 maintenance. 20 v. No parking shall be required for the retail user. 21 vi. If new construction is proposed on State Street between Loockerman and Water Streets, the proposal 22 must not require demolition or extensive modifications of any existing structure which presently 23 contributes to the historic district because of its age or architectural appearance. In addition, the RG-O 24 zone bulk and parking requirements would be waived in certain respects. Lot width and depth will be as 25 appropriate to the site, subject to architectural review and site plan review. Setbacks will be discouraged. 26 Side yards will reflect the needs of adjacent structures by providing adequate light and air to reach 27 existing windows. The height limit of 35 feet or 2½ stories will be retained, as will the 85 percent lot 28 coverage limit. The floor area ratio limitation will be raised to 1.0. The parking requirements will be 29 waived. 30 31 ADOPTED: * 32 SYNOPSIS 33 The proposed ordinance would eliminate the prohibition on sale of 34 alcohol in restaurants in the RGO zone. Restaurants in this zone 35 are subject to Conditional Use approval by the Planning 36 Commission. 37 Actions History: 38 June 25, 2012 – First Reading/Referral to the Planning Commission 39 June 11, 2012 - Introduced in the Parks, Recreation & Community Enhancement Committee

UTILITY COMMITTEE The Utility Committee Meeting was held on July 23, 2012 at 6:00 p.m. with Chairman Bonar presiding. Members present were Mr. Perza, Mrs. Williams, Mr. Blakeman, and Mr. Snaman. Members of Council present were Council President Leary (departed at 6:04 p.m. and returned at 6:12 p.m.), Mr. Hare (arrived at 6:20 p.m.), Mr. Hutchison, and Mrs. Russell. Mayor Carey was also present. AGENDA ADDITIONS/DELETIONS By unanimous consent, the agenda was approved as presented. Proposed Resolution No. 2012-11 - Adoption of the American Public Power Association (APPA) Safety Manual Mr. Scott Koenig, City Manager, submitted proposed Resolution #2012-11 for the adoption of the American Public Power Association (APPA) Safety Manual. He advised members that the provisions of the APPA Safety Manual were currently being utilized as policy within the City’s Electric Department. He explained that the Manual consisted of over 200 pages and provided the best practices to ensure the safety of the City’s electrical workers, as well as the system, and that adoption of the Resolution would solidify support of the Manual and allow the City to meet the requirements of the Reliable Public Power Provider (RP3) Program. Mr. Blakeman moved to recommend adoption of proposed Resolution #2012-11 (Attachment #1), seconded by Mrs. Williams and unanimously carried. Presentation - Energy Commodity Risk Management Policy Modifications (The Energy Authority) Mr. Jamie Mahne, Chief Client Officer for The Energy Authority (TEA), reviewed a Presentation - Dover Risk Policy Modifications. As the City’s Energy Manager, he explained that TEA had recommendations for modifications to the City’s Energy Risk Policy. Mr. Bonar indicated his firm opposition to redacting anything involving public policies related to management of the City’s electricity, noting that this was “the people’s electric department for the foreseeable future.” Responding, Mr. Mahne stated that TEA was owned by and served public power organizations exclusively and was sensitive to and agreed with Mr. Bonar’s concern. He advised members that this was one of the overriding reasons for recommending the policy modifications and that another reason was to bring Dover’s Risk Policy up to the industry’s best practices. In response to Mr. Blakeman, Mr. Mahne indicated that City staff (City Manager, Utility Managers, and the Controller/Treasurer) and representatives of TEA, who serve as the Executive Committee, were involved in the rewriting of the policy and approved it for presentation to members of the Utility Committee. No further action was taken by the Committee. (City Clerk’s Office Note: In accordance with the policy, the Utility Committee must conduct an annual review and approval of the Governing Policy For Energy Commodity Risk Management; therefore, this item has been scheduled for consideration by the Committee on August 13, 2012)

UTILITY COMMITTEE MEETING OF JULY 23, 2012 PAGE 2 Review of Utility Related Capital Investment Plan (CIP) (Electric and Water/Wastewater) Members were provided a Project Tracking Report, as of May 31, 2012, for the Utility (Electric and Water/Wastewater) Related Capital Investment Plan (CIP). Mrs. Williams questioned the number of projects and the fact that so many were in a waiting status. Responding, Mr. Scott Koenig, City Manager, reviewed some of the projects listed, explaining that the new Library was nearing completion, and that some projects, such as the roof replacement at Dover Park, had been deferred. He noted that the City Hall Fire Sprinkler System was being presented to City Council during their meeting later in the evening. Mr. Koenig explained that staff had been attempting to complete several street program projects and had initially intended to use General Fund monies; however, prior to beginning the projects, various legislators submitted Community Transportation Funds, which resulted in the ability to use alternative funding. Referring to the Water Street Brick Sidewalk that had been pending for some time, Mr. Koenig explained that this was a very historic sidewalk that was located against a very historic wall (Christ Church wall along Water Street), which created a major problem. Mrs. Williams requested that staff determine if the wall referred to was indeed historic, noting that it was built several years after the Church. She expressed her concern that some of these projects never seem to be completed, and thus the City’s objectives are not accomplished. Continuing, Mr. Koenig noted that the City did not plan to build a parking lot at Schutte Park and would transfer this funding to sidewalk work at Schutte Park. He explained that since Wyoming Mill Road had been relocated, staff could continue installing the sidewalk along that roadway, noting that the intent was to begin a sidewalk to the south. Referring to the Route 13/North State Street- Kings Highway project, he advised members that originally the State planned to pay the City to pave Route13; however, there had since been a supplemental agreement to transfer monies back to the State to handle this project. He noted that the City had been running behind on the Street Program due to contract response issues, staff commitments, and issues with the State regarding the roundabout at Eden Hill on North Street. Responding to Mr. Bonar regarding the North Street Project, Mr. Koenig noted that this project was separate from the CIP, explaining that the North Street Project referred to by Mr. Bonar would be financed by a grant through the Downtown Dover Partnership. He confirmed that this project would require the City to make adjustments to the water system because there was not a great deal of space in North Street, and Verizon had installed their conduit bank on top of the City’s water line in this area. It was his understanding that equipment was being brought in to begin construction on this portion of the project this week and that completion would be expected within the next week or so. Mr. Bonar recalled concerns regarding a traffic signal in front of the new Dover High School and that the Delaware Department of Transportation (DelDOT) had indicated that this would require a process. Regardless of the process required of DelDOT, he indicated his desire for the traffic signal to be installed prior to the school opening, noting that there was a true safety issue involved and his feeling that the State’s bureaucracy on several of these types of projects was not necessary. Concurring with the safety concerns involving the new Dover High School, Mrs. Williams questioned if City Council could take temporary safety measures, such as providing additional police

UTILITY COMMITTEE MEETING OF JULY 23, 2012 PAGE 3 officers during the times when students would be entering and exiting the school, in an attempt to mitigate these risks. Responding, Mr. Koenig felt that staff could meet with representatives of DelDOT and the Capital School District to discuss this issue. He advised members that recent conversations with DelDOT indicated that DelDOT was attempting to move these projects, such as the installation of traffic signals, forward. He stated that DelDOT was relying heavily on the engineering study and warrant analysis that was completed by the engineers for the Capital School District to determine where traffic signals should be installed. In accordance with the warrant analysis, a traffic signal should be installed on the west end of the property; however, since the traffic coming out of the east end would be only intermittent, it did not meet the warrant analysis. It was his understanding that the warrant analysis serves as a legal test for DelDOT; therefore, if DelDOT were to install a traffic signal in a location that did not meet the warrant analysis and an accident occurred, DelDOT could be held liable. As a result, DelDOT was very reluctant to perform work that did not meet a warrant analysis. As mentioned by the City Clerk, Mr. Bonar noted that since this matter was not included in the CIP, members should refrain from any further discussion. He suggested that this issue be considered by the Safety Advisory and Transportation Committee. Responding, Mr. Hutchison reminded members that the Safety Advisory and Transportation Committee had recently considered this matter and as a result, City Council authorized a letter to be sent to DelDOT relaying the City’s concerns. Referring to the Water/Wastewater CIP, Mr. Koenig noted that although there had been a 50% reduction in the City’s engineering staff, projects were moving forward and, although the backlog was not complete, there had been a reduction. He noted that most of the Electric CIP projects were on schedule and within budget. In response to Mr. Blakeman regarding the Life Extension of Units 1 and 2, Mr. Koenig stated that discussions on this matter were continuing and he anticipated that members would be provided related information to consider between now and the end of the year. Responding to Mrs. Williams, Mr. Koenig stated that the Fox Hall Pump Station Upgrade had been completed and that staff was working on the contract documents to close the project. He anticipated the roadway to be repaved as a part of a repaving project in the future. No further action was taken by the Committee. Update - Garrison Oak Technical Park Project Mr. Scott Koenig, City Manager, stated that staff was working through the engineering consulting reviews of the Garrison Oak Technical Park Project and anticipated bringing forward amendments to the engineering contract to facilitate the design of the pump station. In addition, staff would be presenting a supplemental contract for the construction of an elevated water tower for the property. He noted that the engineering analysis which was completed indicated the need for a 12-inch water line and an elevated storage tower and that long-term improvements to the plant were a part of the City’s CIP proposals. Mr. Koenig stated that staff was working with Kent County to develop a sewer alignment and pump station that would allow the City to tie into the East Dover bypass and to abandon the station on White Oak Road.

UTILITY COMMITTEE MEETING OF JULY 23, 2012 PAGE 4 It was Mr. Koenig’s understanding that Calpine’s air permit would be reviewed by the Delaware Department of Natural Resources and Environmental Control (DNREC) during the month of August. He advised members that Calpine was securing their purchases and working through issues related to the natural gas line extension. By unanimous consent, the meeting adjourned at 6:27 P.M. David L. Bonar Chairman DLB/TM/jg/js/dd S:\AGENDAS-MINUTES-PACKETS\Committee-Minutes\2012\07-23-2012 UTILITY.wpd Attachment to Original Attachment #1 - Proposed Resolution No. 2012-11

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE The Legislative, Finance, and Administration Committee meeting was held on July 23, 2012 at 6:30 p.m. with Councilman Hare presiding in the absence of Chairman Lynn. Members present were Mr. Anderson, Mr. Rushe, and Mr. Shevock. Members of Council present were Mrs. Russell, Mr. Perza, Mr. Bonar, Mr. Hutchison, and Council President Leary. Mayor Carey was also present. AGENDA ADDITIONS/DELETIONS Mr. Anderson moved for approval of the agenda, as presented, seconded by Mr. Rushe and unanimously carried. Proposed Amendments to Ground Lease Agreement Between Calpine and the City of Dover Mr. William Neaton, Economic Development Manager, reviewed proposed amendments to the Ground Lease Agreement with Garrison Energy Center, LLC (Calpine Corporation) for the Garrison Oak Technology Park, as follows: 1) Paragraph 3 Lease of Premises: The property has been identified as being a portion of Lot 7, which is 36.8 acres and is depicted in Exhibit B. 2) Paragraph 5A defines the number of acres to be leased and the cost per acre. The previous agreement required quarterly lease payments. The change will read “tenant shall pay the landlord once per year.” 3) Paragraph 42E, previously titled Publicity, is now deleted. 4) Now included in the Ground Lease are Exhibits A and B. Exhibit A is the description and depiction of the property, Lots 1 through 15 of the Garrison Oak Technical Park. Exhibit B is the description and depiction of the premises Lot 7 (86.4211 acres) and the leased portion of Lot 7 (36.7971 acres). 5) There are a number of grammatical and punctuation changes agreed upon between the City of Dover’s attorney and Garrison Energy Center. Mr. Neaton assured members that Mr. Kirk Betts, Attorney for the City of Dover, and Mr. John Watson, Land Specialist, Calpine Corporation, had reviewed the documents and that Calpine had accepted the revised Ground Lease Agreement as presented. Responding to Mr. Bonar, Mr. Neaton announced that the Air Permitting is scheduled for August 8, 2012 at the Richardson & Robbins Building. Staff recommended approval of the revised Ground Lease. Mr. Anderson moved to recommend approval of the revised Ground Lease Agreement with the Garrison Energy Center, LLC (Calpine) as presented (Attachment #1), seconded by Mr. Shevock and unanimously carried.

LEGISLATIVE, FINANCE, AND ADMINISTRATION COMMITTEE MEETING OF JULY 23, 2012 PAGE 2 Review of Grant Application - Two-Way 800 MHz Radios - Fire Marshal’s Office Mr. Scott Koenig, City Manager, advised members that the Fire Marshal and the Mayor’s Office had requested authorization to apply for a Delaware Emergency Management Agency (DEMA) Grant for two-way 800 MHz Radios. The City of Dover requested funding from DEMA for the purchase of 12 portable radios and five (5) mobile radios. Mr. Koenig noted that the total cost of the radios would not exceed the grant amount of $83,328.00. Members reviewed a cost analysis from Motorola Solutions provided by Magnum Electronics, which is a State vendor. Mr. Koenig indicated that the funding for this project was provided under short notice because other municipalities in the State had not completed their projects by the due date set forth by the Federal Government. He stated that all costs associated with the project would be charged to the Fire Marshal’s Office and that 100% of the project costs would be reimbursed to the City of Dover upon application for reimbursement. He advised members that it was possible that the radios would be borrowed by Public Works supervisors while assisting the Fire Marshal’s Office during an emergency situation, such as a disaster; however, he noted that the use of the 800 MHz system is very restricted throughout the State. Staff recommended authorization to complete the project and request reimbursement for all costs associated with the purchase of two-way radios and accessories. Responding to Mr. Shevock, Mr. Koenig stated that the maintenance costs would be covered under warranty for the first year and thereafter would become a part of the radio maintenance contract. Since a majority of the radios would be replacements and the maintenance contract was based on the number of radios, staff did not anticipate any additional costs. Mr. Shevock moved to recommend that staff be authorized to complete the project and request reimbursement from the Delaware Emergency Management Agency (DEMA) for all costs associated with the purchase of two-way 800 MHz radios and accessories. The motion was seconded by Mr. Rushe and unanimously carried. By unanimous consent, the meeting adjourned at 6:40 p.m. Meeting Adjourned at 6:40 P.M. William F. Hare Acting Chairman WFH/TM/jg/js/dd S:\AGENDAS-MINUTES-PACKETS\Committee-Minutes\2012\07-23-2012 LF&A.wpd Attachment Attachment #1 - Revised Ground Lease Agreement (Garrison Energy Center, LLC and City of Dover)

ATTACHMENT #1 LF&A Committee Meeting of 07/23/2012 (Execution Copy) GROUND LEASE AGREEMENT This Ground Lease Agreement (this “Agreement”), dated for reference purposes only as of ____________________, 2012, is between The City of Dover, a Delaware municipality (“Landlord”), and Garrison Energy Center LLC, a Delaware limited liability company (“Tenant”). Landlord and Tenant shall sometimes be referred to herein individually as a “Party” and collectively as the “Parties.” RECITALS A. Landlord owns certain real property consisting of approximately 387 acres located in the City of Dover, County of Kent, State of Delaware, commonly known as the Garrison Tract, and more particularly described and depicted in Exhibit A attached hereto and incorporated herein by this reference (the “Property”). B. Pursuant to that certain Option Agreement, dated as of April 14, 2010, between Landlord, as “Optionor”, and Tenant, as “Optionee” (the “Option Agreement”), Tenant acquired from Landlord an exclusive option to lease a portion of the Property consisting of up to 80 acres (subject to the terms of Section 3 of this Agreement) (the “Premises”) on the terms and conditions set forth in this Agreement (the “Option”), for the purpose of designing, developing, constructing, installing, operating, using, maintaining and testing a dual-fuel combustion turbine power plant facility, together with appurtenant fixtures, facilities and equipment, including, but not limited to, an electric transmission line, a waste water discharge line, a gas supply pipeline, water supply line and ancillary and related uses (collectively, the “Project”). The Premises is described and depicted on Exhibit B attached hereto and incorporated herein by this reference. C. Tenant has exercised the Option in accordance with the Option Agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord and Tenant hereby agree as follows: 1. Definitions. The following terms, as used in this Agreement, shall have the definitions set forth below: “Applicable Laws” shall mean any and all applicable laws, ordinances, codes, statutes, rules, regulations, orders, decisions, decrees, edicts, directives, permits and approvals issued by any Governmental Authority. “Business Day” shall mean any day other than (a) a Saturday or Sunday, or (b) a day on which banking and savings and loan institutions in Dover, Delaware are authorized or obligated by law or executive order to be closed. “Claims” shall mean all losses, liabilities, claims, demands, damages, causes of action, liens, obligations, fines, penalties, costs and expenses (including but not limited to all 993626.9 1

investigation costs and reasonable consulting, engineering, reasonable in-house or outside attorney’s fees or other professional fees). “Confidential Information” means any and all non-public proprietary written information, data, analyses, documents, and materials furnished or made available by a Party or its Disclosure Representatives to the other Party or its Disclosure Representatives in connection with this Agreement, and any and all analyses, compilations, studies, documents, or other material prepared by the receiving Party or its Disclosure Representatives to the extent containing or based upon such information, data, analyses, documents, and materials, but does not include information, data, analyses, documents, or materials that (a) are when furnished or thereafter become available to the public other than as a result of a disclosure by the receiving Party or its Disclosure Representatives, or (b) are already in the possession of or become available to the receiving Party or its Disclosure Representatives on a non-confidential basis from a source other than the disclosing Party or its Disclosure Representatives, provided that, to the best knowledge of the receiving Party or its Disclosure Representatives, as the case may be, such source is not and was not bound by an obligation of confidentiality to the disclosing Party or its Disclosure Representatives, or (c) the receiving Party or its Disclosure Representatives can demonstrate has been independently developed without a violation of this Agreement. The Parties understand that Landlord’s ability to protect confidential information is governed by the Delaware Freedom of Information Act which requires disclosure of public records (as defined by said act) upon request. “Disclosure Representatives” shall mean the officers, directors, employees, legal counsel, accountants, lenders, advisors, or ratings agencies and other agents or representatives of a Party or of its affiliates. “Governmental Authority” shall mean any federal, state, regional, county, municipal or other local government, authority, agency, commission, body, court, tribunal, department or division, including but not limited to Kent County Conservation District and/or any school, agricultural, conservation, landscaping, lighting, sanitary, fire, street, drainage or other improvement district. “Hazardous Materials” shall mean all chemicals, materials, substances, or items in any form, whether solid, liquid, gaseous, semisolid, or any combination thereof, whether waste materials, raw materials, chemicals, finished products, by-products, or any other materials or articles, that because of their physical, chemical, or other characteristics may pose a risk of endangering human health or safety or of degrading the environment and are regulated under any environmental law, including, but not limited to, the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9601 et seq.), the Hazardous Materials Transportation Act (49 U.S.C. § 5101 et seq.), the Resource Conservation and Recovery Act (42 U.S.C. § 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), the Oil Pollution Act (33 U.S.C. § 2701 et seq.), the Occupational Safety and Health Act (29 U.S.C. § 651 et seq.) and, the Emergency Planning and Community Right-to-Know Act (42 U.S.C. § 11001 et seq.). 993626.9 2

“Official Records” shall mean the official records of the county where the Premises is located. “Personal Property Taxes” shall mean, collectively, all personal property taxes assessed against and levied upon the Project or Tenant’s fixtures, facilities, equipment or personal property located on or used in connection with the Premises. “Real Property Taxes” shall include any form of real estate or ad valorem tax or assessment, general, special, ordinary or extraordinary, and any license fee, rental tax, improvement bond or bonds, levy or tax against any legal or equitable interest of Tenant or Landlord in the Project or the Premises. “Related Agreements” shall mean, collectively, this Agreement, and the Power Purchase Agreement. “Representatives” shall mean, collectively, a Party’s employees, contractors, subcontractors, consultants, agents, representatives, invitees, licensees or permittees. 993626.9 3

2. Effectiveness of Agreement. This Agreement shall be effective upon execution and delivery of this Agreement by both Parties hereto in accordance with the Option Agreement, however if the last Party to sign this Agreement signs on a date other than the 1st of the month, the effective date of this Agreement shall be on the 1st day of the following month or ____________, 1, 2012 (the “Effective Date”). 3. Lease of Premises. Landlord hereby leases, transfers and demises to Tenant, and Tenant hereby leases, hires and takes from Landlord, the Premises, on the terms and conditions set forth in this Agreement. The parties acknowledge that the term “Premises” as of the Effective Date and up to the day prior to the delivery of the Final Determination Notice (as defined in this Section 3 below) (the “Construction Term”) shall mean that certain 36.8-acre portion of the Property, as determined by Tenant, being a portion of Lot 7 and depicted on Exhibit B; however, in the event that Tenant constructs a power plant (the “Power Plant”) on a portion of the Premises (the “Power Plant Area”), which portion Tenant shall determine in its sole and absolute discretion, then at least sixty (60) days prior to substantial completion of the construction of the Power Plant, Tenant shall provide Landlord with written notice (the “Final Determination Notice”) (i) describing the area and approximate number of acres comprising the “Premises”, which area shall not be less than 35 acres nor more than 40 acres and shall encompass the entire Project, including the Power Plant Area, the Access Roads (as defined in Section 6 below) and Easements (as defined in Section 6 below) but excluding any portion used in connection with the construction of the Project and not incorporated into the Power Plant Area, the Access Roads or Easements and (ii) depicting the Premises, which depiction shall replace that certain Exhibit B attached hereto. Therefore, upon the delivery of the Final Determination Notice and throughout the remainder of the Term (the “Operation Term”), the term “Premises” shall mean that certain portion of the Property described and depicted in the Final Determination Notice. 4. Term of Lease. (a) Term. The term of this Agreement (the “Term”) shall commence as of the Effective Date and shall expire as of 11:59 p.m. Eastern time on the date that is thirty (30) years after the date the Final Determination Notice is delivered (the “Expiration Date”). (b) Extensions. Provided that the Power Plant has not been permanently retired or abandoned and a Tenant Default (as defined in Section 18) does not exist on the date that the then-current term expires, this Agreement shall automatically be extended for four (4) additional five (5) year periods on the same terms and conditions as the initial term unless Tenant terminates this Agreement at the end of the then current term by giving Landlord written notice of the intent to terminate at least six (6) months prior to the end of the then current term. (c) Early Termination. At any time during the Term, as the same may be extended, Tenant shall have the option (the “Termination Option”) by providing written notice (“Termination Notice”) to Landlord to terminate this Agreement for any reason, in which event, this Agreement shall be deemed terminated as of the 993626.9 4

expiration of the Winding Down Period (as defined in Section 9(c) of this Agreement). 5. Base Rent. (a) Base Rent. The annual base rent for the Premises during the Construction Term shall be Twenty Five Thousand Seven Hundred Sixty Dollars ($25,760.00) (which annual rental sum was determined by multiplying $700.00 by 36.8, which is the number of acres that Tenant will be leasing from Landlord during the Construction Term; however if that leased acreage shall at any time during the Construction Term be more or less than 36.8 acres, then the annual base rent shall be adjusted accordingly), to be to be billed by Landlord to Tenant annually and due and payable each and every year during the term of this agreement starting on the Effective Date as provided for in paragraph 2, and annually thereafter, with the first payment, if necessary, prorated to the Effective Date and the annual base rent for the Premises during the Operation Term shall be Seven Hundred and No/100ths Dollars ($700.00) per acre of Premises actually being leased pursuant to the Final Determination Notice, as adjusted periodically pursuant to Section 5(b) below (the “Base Rent”). Tenant shall pay to Landlord Base Rent once per year. The first Installment and each annual payment of Base Rent shall be due and payable thirty (30) days after the Landlord mails the bill to the Tenant. If the Final Determination Notice is delivered during any period for which the Base Rent has already been paid, Landlord shall prorate the Installment based on the number of days covered by the Installment and reimburse Tenant within thirty (30) days of the receipt of the Final Determination Notice. (b) Base Rent Adjustment. The Base Rent shall be adjusted as of the first day of the first month (the “First Adjustment Month”) of the first anniversary of the Effective Date and each subsequent annual anniversary of the Effective Date (each, an “Adjustment Date”) to an amount equal to the product obtained when the Base Rent for the First Adjustment Month is multiplied by a fraction, the numerator of which is the “Comparison Index” (as hereinafter defined), and the denominator of which is the “Beginning Index” (as hereinafter defined). For the purpose of this Section 5(b), the following terms shall be defined as noted below: (i) Index - The “Index” for computing the increases shall be the Consumer Price Index for All Urban Consumers U.S. City Average, published by the United States Department of Labor, Bureau of Labor Statistics. In the event that the Index shall ever be converted to a different standard reference base or otherwise be revised, a determination of subsequent adjustment to the Base Rent shall be made with the use of such conversion factor, formula or table for converting the Index as may be published by the Bureau of Labor Statistics. In the event the Index shall cease to be published, the index designated by the Bureau of Labor Statistics as replacing the Index, or the most comparable substitute if said Bureau fails to designate a replacement, shall be used thereafter. 993626.9 5

(ii) Beginning Index - The “Beginning Index” shall be defined as the Index published for the month and year that is twelve (12) months prior to the Adjustment Date or, if the Index was not published in such month, the previous month in which the Index was published. (iii) Comparison Index - The “Comparison Index” shall be defined as the Index published for the month in which the applicable Adjustment Date occurs or, if the Index was not published in such month, the previous month in which the Index was published. (c) Proration. Tenant’s obligation to pay Base Rent shall be prorated, if required, at the agreements initial commencement and at the expiration of the Term. 6. Ancillary Rights. (a) To enable Tenant to design, develop, construct, install, operate, use, maintain and test the Project, Landlord shall do the following at no additional charge to Tenant: (i) Grant to Tenant and its Representatives a non-exclusive license to use the access roads (the “Access Roads”) that are located on the Property and any adjacent property owned by Landlord (“Landlord’s Property”) for necessary vehicular and pedestrian ingress and egress to and from the Premises. (ii) Grant to Tenant and its Representatives irrevocable and exclusive easements and rights-of-way (acceptable to Tenant) (the “Exclusive Easements”) for the Term on, over, across, above and under a portion of Landlord’s Property for the purpose of installing, constructing, laying, operating, using, inspecting, accessing, maintaining, repairing, altering, improving, reconstructing, replacing, removing, and abandoning the following: (1) electric transmission lines and facilities, (2) a pipeline or pipelines for the interconnection to other pipelines and transportation of oil, gas, petroleum products or any other liquids, gases, or substances which can be transported through pipelines, and (3) such utilities, lines, facilities and services that Tenant reasonably determines are necessary or appropriate. Upon the termination of this Agreement, Tenant shall have no further rights or interest in the Exclusive Easements and shall return the easement areas to Landlord in their then as-is condition with no obligations of removal, repair or replacement of any existing improvements or fixtures. (iii) Grant to Tenant and its Representatives non-exclusive easements and rights-of way (acceptable to Tenant) (the “Non-Exclusive Easements,” which together with the Exclusive Easements shall hereinafter be collectively referred to as the “Easements”) on, over, across, above and under a portion of Landlord’s Property for the purpose of installing, constructing, laying, operating, using, inspecting, accessing, maintaining, 993626.9 6

repairing, altering, improving, reconstructing, replacing, removing, and abandoning the following: (1) utility lines and facilities for such utility services including, without limitation, for water, electricity, gas, steam, sewer and storm water drainage and (2) telephone, communication and information services lines and facilities (items 1-3 in Section 6(a)(ii) and items 1-2 in this Section 6(a)(iii) shall be collectively referred to herein as the “Facilities”), and shall also include such other activities and uses related to the Project that Tenant reasonably determines are necessary or appropriate. Landlord shall negotiate in good faith and enter into utility service agreements for services that may be provided by Landlord or other service providers at rates no less favorable than the prevailing tariff rates for industrial customers in the City of Dover. (iv) Assist Tenant in obtaining rights-of-way and entering into easement agreements acceptable to Tenant that would burden other real property adjacent to the Premises and Landlord’s Property and benefit the Premises and/or Tenant for the purpose of installing, constructing, laying, operating, using, inspecting, accessing, maintaining, repairing, altering, improving, reconstructing, replacing, removing, and abandoning the Facilities and for such other activities and uses related to the Project that Tenant reasonably determines are necessary or appropriate; provided, however, nothing herein shall be construed to obligate Landlord to take any action that would violate Applicable Laws. (b) Provided that (i) the Relocation (as defined below) does not interrupt Tenant’s access to the Project, operation of the Power Plant or the utilities services to the Power Plant, (ii) Landlord provides to Tenant alternative means of access and/or utility service to the Project during the Relocation, (iii) the rights of Tenant to the Premises are not affected by the Relocation, (iv) the new Access Roads and/or easement areas are of a similar size, type and construction as the previous Access Roads and/or easement areas, and (v) Tenant is not required to obtain any revisions to its existing licenses or permits, Landlord shall have the right to relocate (the “Relocation Right”), if necessary, at Landlord’s sole cost and expense, all or part of the Access Roads and/or easement areas and the utilities and other improvements located thereon to another portion of the Property (any such relocation shall hereinafter be referred to as a “Relocation”). Landlord shall exercise its Relocation Right by delivering a written notice (“Relocation Notice”) to Tenant at least six (6) months prior the Relocation, which Relocation Notice shall depict and describe the portion of the Access Road and/or easement area being relocated and that portion of the Property to which the Access Road and/or easement area shall be relocated. Landlord and Tenant shall mutually agree on the new location of the Access Road and/or easement area, and shall acknowledge in writing the new location of the Access Road and/or easement area. To the extent allowed by Applicable Laws, Landlord shall reimburse Tenant for any reasonable direct costs incurred by Tenant in connection with the Relocation. 993626.9 7

7. Quiet Enjoyment. Subject to the terms of this Agreement, Tenant shall enjoy the peaceful and quiet use, possession and enjoyment of the Premises without hindrance or disturbance by Landlord or any persons claiming by, through or under Landlord. 8. Use of Premises. Tenant and its Representatives may use the Premises for the purpose of designing, developing, constructing, installing, operating, using, maintaining and testing the Project and ancillary and incidental uses, all of which shall comply with Applicable Laws, and for no other use without Landlord’s prior written consent, which may not be unreasonably withheld, conditioned or delayed. 9. Title to Project. (a) Tenant to Retain Title during Term. At all times until the expiration or earlier termination of the Term, the Project shall remain the property of Tenant for all purposes. Landlord and Tenant agree that all improvements, including fixtures, at any time constructed by or for Tenant on the Premises shall be considered with respect to the interest of Landlord and Tenant as the real property of Tenant and any Leasehold Mortgagee designated by Tenant. The Parties understand and agree that nothing in the preceding sentence shall be interpreted to bind Tenant with respect to its characterization of such improvements, including fixtures, for book and tax depreciation purposes. (b) Title Insurance. Tenant may obtain, at Tenant’s sole cost and expense, a policy of title insurance in an amount equal to the reasonable value of the Tenant’s interest in the Premises, insuring Tenant's marketable title in the leasehold estate created hereunder. Landlord hereby agrees to execute all documents reasonably requested by the title company selected by Tenant in order for said title company to issue such policy of title insurance. (c) End of Term; Removal. At the end of the Term (as may be extended) or any early termination thereof, unless Tenant provides Landlord with written notice of Tenant’s desire to extend the Term beyond the extension provided for herein and continue its operations on the Premises or enter into a new lease, the Term shall be extended for thirty-six (36) months (the “Winding Down Period”) in order to permit Tenant with sufficient time to remove the Project and all above-ground improvements, and any underground facilities (including equipment) used for the storage or movement of fuel oil, constructed by Tenant, or on behalf of Tenant (collectively, the “Improvements”), from the Premises. Tenant shall be responsible for the payment of rental on the Premises from the start of the Winding Down Period until the completion of the Improvement removal. During the Winding Down Period, Tenant shall also perform a Phase I inspection of the Premises and shall remove from the Premises, in compliance with Applicable Laws, any Hazardous Materials identified on the Phase I inspection that were not on the Premises prior to the Effective Date and were not placed on the Premises by Landlord, its agents or contractors, but only to the extent such removal is required under Applicable Laws. Notwithstanding anything in this Section 9 to the contrary, Tenant shall not be responsible for, and Landlord and Tenant shall 993626.9 8

cooperate with each other in determining and/or prosecuting the source of, any Hazardous Materials that migrate, flow, percolate, diffuse, or in any way move on to, or under, the Premises after the Effective Date. The Premises shall be returned to Landlord at the expiration of the Winding Down Period with all Improvements removed or in such other condition mutually acceptable to Tenant and Landlord. 10. Purchase Option. Notwithstanding anything in Sections 4(c) and 9(c) to the contrary, Landlord shall have the right to purchase the Project (the “Purchase Option”) by delivering written notice (the “Option Notice”) to Tenant with one hundred twenty (120) days after Tenant has delivered the Termination Notice to Landlord, if applicable, or no later than one hundred eighty (180) days prior to expiration of Term. If Landlord fails to timely exercise the Purchase Option as provided herein, then Landlord shall have no right to exercise the Purchase Option and it shall terminate and be of no further force or effect. Time is of the essence with respect to the time deadline imposed on Landlord in this Section 10. The Project shall be sold to Landlord pursuant to terms and conditions mutually acceptable to Landlord and Tenant, provided, however, if Landlord and Tenant cannot agree on the terms of the purchase and sale of the Project within one hundred twenty (120) days of the delivery of the Option Notice to Tenant, the Purchase Option shall be deemed terminated, Landlord shall have no further rights to purchase the Project, and Tenant shall proceed as provided in Section 9(c) above. 11. Required Permits. Tenant shall apply for and obtain at Tenant’s sole cost and expense all governmental and non-governmental authorizations, consents, permits, approvals, entitlements, licenses, rulings, exemptions, variances, orders, judgments, decrees, declarations or regulations necessary to design, develop, construct, install, operate, use, maintain and test the Project (collectively, the “Required Permits”). Landlord shall (i) promptly sign applications for such Required Permits in its capacity as the record owner of the Premises if the record owner’s signature is required by the issuing authority, (ii) not oppose or delay Tenant’s efforts to acquire such Required Permits, and (iii) reasonably cooperate with Tenant with respect to such Required Permits. During the Term, Tenant shall, at Tenant’s sole cost and expense, maintain the Required Permits and all other authorizations necessary in connection with the construction, operation and maintenance of the Project. 12. Maintenance and Repair. Tenant shall promptly and diligently maintain the Project in good condition and repair, ordinary wear and tear accepted, and shall maintain both the Project and the Premises in material compliance with all Applicable Laws and Required Permits. Tenant shall be responsible and liable for any damage to or destruction of the Premises, except to the extent such damage or destruction is the result of the negligence or willful misconduct of Landlord or Landlord’s Representatives. Whether such damage or destruction results from an occurrence that is insured by Tenant, Tenant shall promptly repair, restore and remedy any damage to or destruction of the Premises, except to the extent such damage or destruction is the result of the negligence or willful misconduct of Landlord or Landlord’s Representatives, or in the event that Tenant determines, in Tenant’s sole and absolute discretion, that the Premises or the Project cannot be substantially repaired and restored within one (1) year from the date of the casualty or in the event that there is less than five (5) years left in the Term, in which event Tenant shall 993626.9 9

have the right to terminate this Agreement by providing Landlord with written notice. 13. Pre-Existing Environmental Conditions. Landlord agrees to assume full and complete responsibility for any and all excavation, cleanup, assessment, remediation and/or monitoring activities that may be required during the Term by any Governmental Authority (including, without limitation, any federal or state court, any federal, state or local agency with jurisdiction over the Premises) for any and all materials, pollutants, irritants, contaminants and Hazardous Material (as defined in Section 1) that would constitute a violation of environmental laws existing in, on, under, or emanating from the soil, surface water, groundwater or subsurface at the Premises, in each case prior to the Effective Date. As of the date of this Agreement, Tenant has inspected the Premises and that inspection has not revealed any conditions that would constitute a violation of environmental laws. The parties agree that the foregoing does not constitute a waiver as to any conditions that Tenant may later discover on the Premises. 14. Taxes. Tenant shall be responsible and shall pay all real and personal property taxes imposed by a Governmental Authority on the Premises and the Project. 15. Compliance Inspections. Landlord shall have the right to enter the Premises (i) at any time, in the case of an emergency, and (ii) otherwise at reasonable times upon not less than five (5) Business Days’ prior notice via the telephone or e-mail and during normal business hours, in each case for the purpose of inspecting the condition of the Premises and for verifying compliance by Tenant with this Agreement and all Applicable Laws and Required Permits. Nothing herein shall limit the right of Landlord or other governmental employees to access said Premises in the course of normal governmental business for safety, health or taxing, or to exercise normal police powers. 16. Mutual Indemnification. Landlord and Tenant shall each indemnify, defend, protect and hold harmless the other and its successors and assigns, and each of their respective Representatives from and against any and all Claims related to or arising out of (i) any breach of the indemnifying party’s representations or warranties contained in this Agreement, (ii) the actions or omissions of the indemnifying party (or the indemnifying party’s Representatives and any other entity or individual for whom the indemnifying party is responsible), or (iii) any default by the indemnifying party under any provisions of this Agreement; except to the extent such Claims may be due to or caused by the negligence or willful misconduct of the other party or its Representatives. The indemnifying party shall pay all reasonable attorneys’ fees and legal costs incurred by the other party in order to enforce the indemnifying party’s obligations hereunder. 17. Landlord Default and Remedies. (a) Landlord Default. The occurrence of the following shall constitute a “Landlord Default” under this Agreement: Landlord shall have failed to perform any obligation to be performed by Landlord or violated any material term, covenant or condition applicable to Landlord under this Agreement within the time frame specified, and such failure or violation shall be continuing following written notice and the expiration of a thirty (30) day remedy period (provided, however, 993626.9 10

that if more than thirty (30) days is reasonably required in order to perform such obligations or remedy such violations, Landlord shall have such longer period as reasonably necessary to complete such performance or remedy, provided that Landlord commences such performance or remedy within such thirty (30) day period and thereafter diligently prosecutes such performance or remedy to completion). (b) Remedies. Upon the occurrence of a Landlord Default, without any requirement of further notice or demand, Tenant shall be entitled to pursue any remedy at law or in equity available to Tenant as a result of such Landlord Default. 18. Tenant Default and Remedies. (a) Tenant Default. The occurrence of any of the following shall constitute a “Tenant Default” under this Agreement: (i) Tenant shall have failed to make any payment of Base Rent or any other payment required to be made by Tenant to any third party under this Agreement, and such failure shall have continued for a period of thirty (30) days after Tenant’s receipt of written notice of such failure. (ii) Tenant shall have failed to perform any obligation to be performed by Tenant or violated any material term, covenant or condition applicable to Tenant under this Agreement (other than those set forth in Section 18(a)(i) above) within the time frame specified and such failure or violation shall be continuing following written notice and the expiration of a thirty (30) day remedy period (provided, however, that if more than thirty (30) days is reasonably required in order to perform such obligations or remedy such violations, Tenant shall have such longer period as reasonably necessary to complete such performance or remedy, provided that Tenant commences such performance or remedy within such thirty (30) day period and thereafter diligently prosecutes such performance or remedy to completion). (b) Remedies. Upon the occurrence of a Tenant Default, without any requirement of further notice or demand but subject to the rights of the Leasehold Mortgagee under Section 22 of this Agreement, Landlord shall thereafter have the right to reenter or repossess the Premises, either by summary proceedings, surrender or otherwise, and dispossess and remove therefrom Tenant or other occupants thereof and their effects. In such case, Landlord shall use reasonable efforts to re- let the Premises or any part thereof at the highest rental rate reasonably attainable as the agent of Tenant, with Tenant remaining liable to pay Landlord rent and other charges reserved herein for the balance of the term, less the actual rental received for the Premises for the same period; or Landlord at its option may terminate this Agreement, thereby releasing Tenant from any further liabilities hereunder. Should the actual rental received for the Premises be less than the rent provided herein, Tenant shall pay such deficiency on a monthly basis. The 993626.9 11

remedy provided herein for the breach of any obligation shall be exclusive, with the exception that Landlord may bring an action for any rent that has accrued and is otherwise delinquent. Neither consequential nor punitive damages are recoverable. 19. Dispute Resolution. (a) General. It is the intent of the Parties that disputes arising from or related to this Agreement shall be resolved as quickly as possible. Accordingly, each Party shall designate a representative in writing (which representative may be changed from time to time in accordance with the notice provision set forth in Section 20 of this Agreement) to whom disputes shall be referred. The Parties shall attempt in good faith to resolve any such dispute by negotiations between such representatives. When resolution is not possible, the Parties may seek to resolve such disputes in the manner set forth elsewhere in this Section 19. (b) Escalated Dispute Resolution Procedure. The Parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiations between a decision-making representative designated by Landlord and an executive of similar authority of Tenant. Either Party may give the other Party written notice of any such dispute. Within ten (10) days after delivery of the notice, the designated representatives shall meet at a mutually acceptable time in the City of Dover, and thereafter as often as they reasonably deem necessary to exchange information and attempt to resolve the dispute. (c) Confidentiality of Dispute Resolution Negotiations. All negotiations conducted pursuant to this Section shall be confidential and treated as compromise and settlement negotiations. Each Party is required to continue to perform its obligations under this Agreement pending resolution of any dispute arising out of or relating to this Agreement. (d) Injunction. Notwithstanding the foregoing provisions, a Party may seek a preliminary injunction or other provisional judicial remedy if in its judgment such action is necessary to avoid irreparable damage. (e) Jurisdiction. All disputes shall be litigated in a Delaware State Court, or if jurisdiction cannot be obtained in a Delaware State Court, then in a Federal Court of competent jurisdiction, and the Parties hereby agree to the jurisdiction of such courts. 20. Notices. (a) All notices to be given under this Agreement shall be in writing and either: (i) sent by a nationally recognized overnight courier, in which case notice shall be deemed delivered one (1) Business Day after deposit with this courier, or (ii) sent by telecopy or similar means, if a copy of the notice is also sent by United States mail or overnight courier, in which case notice shall be deemed delivered on 993626.9 12

transmittal by telecopier or other similar means, provided that a transmission report is generated reflecting the accurate transmission of the notices, as follows: Landlord: City of Dover 15 E. Loockerman St. Dover, DE 19903 Attention: City Manager Telephone: (302) 736-7005 Facsimile: (302) 270-6246 Email: skoenig@dover.de.us Tenant: Calpine Corporation 717 Texas Avenue Suite 1000 Houston, TX 77002 Attn: Legal Department Telephone: 713 830 8667 Facsimile: 713 830 8705 Calpine Corporation VP of Strategic Origination 500 Delaware Avenue Suite 600 Wilmington, DE 19801 Telephone 302 468 5325 Facsimile: 302 468 5401 Email: champe.fisher@calpine.com (b) These addresses may be changed by written notice to the other Party provided that no notice of a change of address shall be effective until actual receipt by the Parties of the notice. (c) In the event that Tenant receives notice that it is allegedly in default of any agreement entered into by Tenant with a party other than Landlord directly relating to the Project, Tenant shall notify Landlord of said default within 30 days of Tenant’s receipt of said notice. 21. Assignment. (a) Tenant shall have the right, without Landlord’s consent, to assign this Agreement if the assignment is an Excluded Transaction (as defined below). As used in this Agreement, the term “Excluded Transaction” shall mean any of the following: (i) any assignment of this Agreement to any corporation or entity which is directly or indirectly (1) the parent of Tenant, (2) a subsidiary of Tenant, or (3) an affiliate 993626.9 13

of Tenant; (ii) any assignment of this Agreement or sublease of all or any part of the Premises to any entity succeeding to substantially all the business and assets of Tenant, whether by merger, consolidation, purchase of assets or otherwise; or (iii) any collateral assignment of this Agreement to a Leasehold Mortgagee. In connection with Tenant’s collateral assignment of this Agreement to a Leasehold Mortgagee (as defined in Section 22 below), Landlord shall execute a consent to the collateral assignment in a form and substance reasonably satisfactory to Landlord, Tenant and such Leasehold Mortgagee. Tenant shall be released from its obligations under this Agreement following an Excluded Transaction. No change of stock ownership, partnership interest or control of Tenant or transfer upon partnership or corporate dissolution of Tenant shall constitute an assignment hereunder. (b) Except as set forth above, Tenant may not assign its rights, title or interest under this Agreement without Landlord’s consent, which may not be unreasonably withheld, conditioned or delayed. Landlord shall consent to the assignment if (i) Tenant’s assignee has fully assumed all of the obligations of Tenant under this Agreement, (ii) Tenant’s assignee has the same, or greater, creditworthiness as Tenant as of the execution of this Agreement, and (iii) Tenant’s assignee has the same, or greater, level of experience as Tenant in developing and operating a power plant project. In the event that Landlord does not respond to Tenant’s request for consent to its assignment of this Agreement within thirty (30) days after Tenant’s delivery of said request to Landlord, Landlord shall be deemed to have consented to the assignment. (c) In no event shall Landlord sell or assign Landlord's interest in the Premises, unless Tenant has consented to said assignment or sale in writing, which consent shall not be unreasonably withheld or delayed, provided that the transferee has fully assumed all of the obligations of Landlord (including the liability for any existing or uncured defaults) under this Agreement. 22. Leasehold Mortgage Provisions. (a) Encumbrance by Leasehold Mortgagee. Tenant shall have the right at any time during the Term, without obtaining Landlord’s consent, to encumber the leasehold estate created by this Agreement and the Project with a mortgage, deed of trust or other security instrument (each, a “Leasehold Mortgage”) to secure repayment of any loan or financing to Tenant by any lender (a “Leasehold Mortgagee”) and to record such Leasehold Mortgage in the public records. (b) Leasehold Mortgagee Protection Provisions. (i) Landlord shall deliver to the Leasehold Mortgagee a copy of any written notice relating to Tenant’s breach, violation or failure to perform its obligations under this Agreement, concurrently with the delivery to Tenant of such notice. For such purpose, Tenant shall notify Landlord of the name and address for each Leasehold Mortgagee in writing. Landlord 993626.9 14

shall only have the obligation to deliver notices to a Leasehold Mortgagee for whom it has received written notification from Tenant pursuant to the terms of this Agreement. There shall be no cancellation, surrender or modification of this Agreement by joint action of Landlord and Tenant without the prior written consent of each Leasehold Mortgagee. (ii) Upon the receipt of any written notice relating to Tenant’s breach, violation or failure to perform its obligations under this Agreement, the Leasehold Mortgagee shall have the right, but not the obligation, to cure such breach, violation or failure within sixty (60) days after the expiration of Tenant’s grace period set forth in Section 18(a), if any, given Tenant for such cure under this Agreement. If prior to the expiration of the applicable grace period, the Leasehold Mortgagee shall cure all monetary breaches and give Landlord written notice that Leasehold Mortgagee intends to (A) undertake the cure of any non-monetary breaches, violations or failures, or (B) exercise its rights to acquire the interest of Tenant in this Agreement by foreclosure or otherwise, and shall immediately commence and then proceed with all due diligence to completion, then Landlord shall not terminate or take any action to effect a termination of this Agreement or reenter or take possession of the Premises so long as the Leasehold Mortgagee is diligently effecting such cure or foreclosure (or deed in lieu of foreclosure). (iii) Landlord shall accept such performance by the Leasehold Mortgagee as though the same had been performed by Tenant, and for such purpose Landlord hereby authorizes the Leasehold Mortgagee to enter upon the Premises and to exercise any of Tenant’s rights and duties under this Agreement, so long as the Leasehold Mortgagee complies in all material respects with the terms and conditions of this Agreement as the same relate to the Tenant hereunder. (iv) If this Agreement terminates for any reason prior to the Expiration Date other than for an uncured Tenant Default, or in the event of the rejection of this Agreement by Tenant or a trustee in bankruptcy under the provisions of the Bankruptcy Code, 11 United States Code Section 365, then within sixty (60) days following such termination or such rejection of this Agreement, the Leasehold Mortgagee or any purchaser at a foreclosure sale or any purchaser, grantee, or assignee of a deed in lieu of foreclosure shall have the right, but not the obligation, to receive from Landlord a duly executed and valid and enforceable agreement granting the Leasehold Mortgagee or such purchaser, grantee or assignee the right to use the Premises for the balance of the then-unexpired Term (immediately prior to the termination or rejection) containing provisions identical to the provisions of this Agreement, except such provisions designating the parties thereto, and accompanied by a duly executed memorandum of such new agreement in suitable form for recording. In connection with such new agreement, the ownership of the Project located 993626.9 15

on the Premises, if any, shall be deemed to have been transferred to the Leasehold Mortgagee, and in the event of a subsequent assignment by the Leasehold Mortgagee, then to such assignee and its successors and assigns, in each case subject to the provisions of this Agreement relating to title of the Project upon the expiration of the Term or termination of this Agreement. Any new agreement entered into between Landlord and the Leasehold Mortgagee shall have the same relative priority as this Agreement. Leasehold Mortgagee shall have no obligations or liability under any of the terms of this Agreement unless and until Leasehold Mortgagee shall become the owner of the leasehold estate by way of foreclosure, by a deed in lieu of foreclosure or otherwise. (v) Tenant’s interest in this Agreement may be assigned pursuant to judicial or non-judicial foreclosure or a conveyance in lieu of foreclosure (a “Foreclosure Transfer”). Any transferee under a Foreclosure Transfer, and any Leasehold Mortgagee that acquires Tenant’s interest under this Agreement, may assign this Agreement and shall thereupon be released from all liability as Tenant under this Agreement from and after the date of such assignment. (vi) The cancellation or surrender of this Agreement by Tenant, or any amendment that shall materially impair Leasehold Mortgagee’s security interest in the leasehold estate, shall not be effective as against a Leasehold Mortgagee without the written consent of the Leasehold Mortgagee (which consent may be given or withheld in its reasonable discretion). (vii) Landlord shall negotiate in good faith with any proposed Leasehold Mortgagee regarding a commercially reasonable amendment to this Agreement or other documents necessary to implement the Leasehold Mortgagee protection provisions contained in this Agreement and allow such Leasehold Mortgagee reasonable means to protect or preserve the lien of the Leasehold Mortgage upon the occurrence of a Tenant Default. 23. Estoppel Certificates. (a) Estoppel Certificate by Landlord. Within thirty (30) days after written request therefor from a Leasehold Mortgagee or from Tenant, Landlord shall deliver to the Leasehold Mortgagee (and any other party identified by the Leasehold Mortgagee or by Tenant) an estoppel certificate signed by Landlord in form reasonably designated by the Leasehold Mortgagee certifying: (i) that this Agreement is unmodified and in full force and effect, (ii) the Base Rent payable under this Agreement, (iii) the nature of any Tenant Default alleged by Landlord, (iv) that no Landlord Default has occurred and is continuing, and (v) such other matters as are reasonable and customary in a landlord estoppel certificate. 993626.9 16

(b) Estoppel Certificate by Tenant. Within thirty (30) days after written request therefore from Landlord, Tenant shall deliver to Landlord (and any other party identified by Landlord) an estoppel certificate signed by Tenant in form reasonably designated by Landlord certifying: (i) that this Agreement is unmodified and in full force and effect, (ii) the Base Rent payable under this Agreement, (iii) the nature of any Landlord Default alleged by Tenant, (iv) that no Tenant Default has occurred and is continuing, and (v) such other matters as are reasonable and customary in a tenant estoppel certificate. 24. Landlord’s Representations and Warranties. (a) Landlord hereby represents and warrants to Tenant, as of the Effective Date: (i) Landlord has the requisite right, power and authority to execute, deliver and perform the terms and conditions of this Agreement. Landlord has taken all action necessary to authorize the execution, delivery and performance of the terms and conditions of this Agreement, including, but not limited to, obtaining any city council or board approval and any other necessary government approvals. The individual executing this Agreement has been duly authorized to do so. The performance by Landlord of Landlord’s obligations and responsibilities under this Agreement will not violate or constitute a default under the terms and provisions of any material agreement, document or instrument to which Landlord is a party or by which Landlord or the Premises is bound or affected. All proceedings required to be taken by or on behalf of Landlord to authorize Landlord to execute, deliver and perform the terms and conditions of this Agreement have been duly and properly taken. No further consent of any person or entity is required in connection with the execution and delivery of, or performance by Landlord of its obligations under this Agreement. (ii) This Agreement constitutes or shall constitute the valid and binding obligation of Landlord, enforceable against Landlord in accordance with its terms. (iii) Landlord owns the Premises in fee and has marketable and good title of public record and in fact. (iv) Landlord has not received written notice from any party of any actions, suits, claims, legal proceedings or any other proceedings affecting the Premises, or any portion thereof, at law or in equity, before any court or governmental agency, domestic or foreign. (v) Landlord has not received written notice from any governmental agency pertaining to the violation of any law or regulation affecting the Premises. 993626.9 17

(vi) Landlord has not received written notice of any pending or threatened governmental proceedings in eminent domain, for rezoning or otherwise, which would affect the Premises or any portion thereof. (vii) No prior agreements have been entered into or options or rights granted by Landlord to any third parties to purchase or lease any interest in the Premises, or any part thereof. (viii) Landlord has not received written notice of any default with respect to any of its obligations or liabilities pertaining to the Premises. (b) The representations and warranties set forth in this Section 24 shall survive the expiration or earlier termination of the Term for a period of twelve (12) months. 25. Tenant’s Representations and Warranties. (a) Tenant hereby represents and warrants to Landlord, as of the Effective Date: (i) Tenant is a limited liability company, duly organized and existing in the State of Delaware, and has the requisite right, power and authority to execute, deliver and perform the terms and conditions of this Agreement and to consummate the transactions contemplated in this Agreement. (ii) Tenant has taken all action necessary to authorize the execution, delivery and performance of the terms and conditions of this Agreement. The individual executing this Agreement has been duly authorized to do so. (iii) The performance by Tenant of Tenant’s obligations and responsibilities under this Agreement will not violate or constitute a default under the terms and provisions of Tenant’s bylaws or any material agreement, document or instrument to which Tenant is a party or by which Tenant is bound or affected. (iv) All proceedings required to be taken by or on behalf of Tenant to authorize Tenant to execute, deliver and perform the terms and conditions of this Agreement have been duly and properly taken. No further consent of any person or entity is required in connection with the execution and delivery of, or performance by Tenant of its obligations under this Agreement. (v) There are no suits, proceedings, judgments, rulings or orders by or before any Governmental Authority or arbitrator or any pending or threatened action or proceeding affecting Tenant or its affiliates before any Governmental Authority or arbitrator (a) that could reasonably be expected to materially and adversely affect the ability of Tenant to perform its obligations under this Agreement or Tenant’s ability to operate the Project, or (b) which purports to affect the legality, validity or enforceability of this Agreement. 993626.9 18

(vi) It is not bankrupt and there are no proceedings pending or being contemplated by it or, to its knowledge, threatened against it which would result in it being or becoming Bankrupt. (vii) There is no pending or, to its knowledge, threatened against it or any of its affiliates any legal proceedings that could materially adversely affect its ability to perform its obligations under this Agreement; (viii) This Agreement is the legal, valid and binding obligation of Tenant, enforceable in accordance with its terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization or similar laws relating to or affecting the enforcement of creditors’ rights generally or by general equitable principles, regardless of whether such enforceability is considered in a proceeding in equity or at law. (b) The representations and warranties set forth in this Section 25 shall survive the expiration or earlier termination of the Term for a period of twelve (12) months. 26. Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of Delaware, excluding any choice of law rules that may direct the application of the laws of another jurisdiction. 27. No Joint Venture. Nothing contained in this Agreement shall be interpreted as creating a joint venture, partnership, or any other relationship between the Parties, other than the relationship described in this Agreement. 28. Legal Representation. The provisions of and exhibits to this Agreement have been prepared, examined, negotiated and revised by each Party and their respective lawyers, and no implication shall be drawn and no provision shall be construed against any Party hereto by virtue of the purported identity of the drafter of this Agreement, or any portion thereof. 29. Litigation Costs. If either party files any action or brings any proceeding against the other arising from or related to this Agreement, the prevailing party shall be entitled to recover from the other party as an element of its costs of suit, and not as damages, reasonable attorneys’ fees, costs and expenses incurred in the action or proceeding, including any appeal thereof. The “prevailing party” within the meaning of this Section 29 shall be the party determined to be the prevailing party by a court of law. In the event the action is settled and subsequently dismissed (even in exchange for sums allegedly due) prior to final judgment, each party shall pay their own attorneys’ fees. 30. Waiver of Right to Jury Trial. TO THE EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY HERETO HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH, THIS AGREEMENT OR ANY OTHER TRANSACTION, OR ANY COURSE OF CONDUCT, COURSE OF DEALING, STATEMENTS (WHETHER VERBAL OR WRITTEN), OR ACTIONS OF TENANT 993626.9 19

OR LANDLORD. THIS PROVISION IS A MATERIAL INDUCEMENT FOR THE PARTIES TO ENTER INTO THIS AGREEMENT. 31. Force Majeure. The time periods for the performance of any obligations of each of the Parties under this Agreement, other than financial obligations, shall be extended by one (1) day for every day that such Party is prevented or delayed in performing such obligations by reason of any event or circumstance to the extent beyond the control of, and not the result of the negligence of, or caused by, the Party seeking to have its performance obligation excused thereby, which by the exercise of due diligence such party could not reasonably have been expected to avoid and which by exercise of due diligence it has been unable to overcome. 32. Memorandum of Lease. Landlord shall execute and deliver a memorandum of lease in the form attached hereto as Exhibit C in order to give notice of this Agreement; provided, however, the relations between Landlord and Tenant with respect to the Premises shall be governed solely by the provisions of this Agreement and not by any such memorandum of lease. The cost of recording such memorandum of lease and any and all state, county, and municipal conveyance and/or transfer or documentary taxes and fees due in connection with this Agreement shall be paid by Tenant. 33. Condemnation. (a) Landlord hereby waives it right to terminate this Agreement or any portion thereof by condemnation, eminent domain or exercise of a similar power. (b) If any portion of the Premises is taken pursuant to condemnation, eminent domain or exercise of a similar power, or transfer under threat of such compulsory transfer or taking by Governmental Authority having jurisdiction (other than Landlord, who has waived said rights pursuant to Section 33(a)above), then this Agreement shall terminate as to such portion. Upon a taking of any portion of the Premises, Base Rent shall be reduced by an amount equal to the product of (a) the Base Rent otherwise payable under this Agreement, multiplied by (b) a fraction, the numerator of which is the square footage of the Premises taken and the denominator of which is the square footage of Premises immediately prior to such taking. If the remaining portion of the Premises is insufficient for Tenant’s use as determined by Tenant in Tenant’s sole and absolute discretion, then Tenant shall have the right to terminate this Agreement upon providing thirty (30) days’ written notice thereof to Landlord. In the event of a complete taking, this Agreement shall terminate and be of no further force or effect. (c) Both Tenant and Landlord shall have the right to participate in any condemnation proceedings. Each shall notify the other promptly of any contemplated or threatened condemnation proceeding of which it shall become aware and shall keep the other informed of developments with respect thereto. 34. No Prior or Other Agreements. The Related Agreements contain all agreements between the parties with respect to any matter mentioned therein, and no other prior or 993626.9 20

contemporaneous agreement or understanding shall be effective. 35. Time of Essence. Time is of the essence with respect to the performance of all obligations to be performed or observed by the Parties under this Agreement. 36. Brokers. Tenant and Landlord each represent and warrant to the other that it has had no dealings with any person, firm, broker or finder in connection with the negotiation of this Agreement or the consummation of the transactions contemplated hereby, and that no broker or other person, firm or entity is entitled to any commission or finder’s fee in connection with said transactions. 37. Severability. The invalidity of any provision of this Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. In the event any such provision of this Agreement is so held invalid, the Parties shall promptly renegotiate in good faith new provisions to restore this Agreement as near as possible to its original intent and effect. 38. Amendment. This Agreement may not be amended, modified or supplemented except by a writing signed by all Parties. 39. Covenants and Conditions. All provisions of this Agreement to be observed or performed by the Parties are both covenants and conditions. 40. Further Assurances. Landlord and Tenant shall promptly sign all further commercially reasonable documents necessary to accomplish the intent of this Agreement. 41. Sovereign Immunity. By executing this Agreement, Landlord waives any right it may have to assert any defense of sovereign immunity from suit in any proceeding against it in any court or other tribunal of the United States that is based upon a claim arising out of this Agreement. 42. Confidentiality. (a) Confidentiality Obligations. Except as otherwise expressly agreed in writing by the other Party, and except as otherwise agreed in Section 42(b), each receiving Party shall (i) keep strictly confidential and take reasonable precautions to protect against the disclosure of all Confidential Information, and (ii) use all Confidential Information solely for the purposes of performing its obligations under this Agreement and not for any other purpose; provided that a Party may disclose the Confidential Information to those of its Disclosure Representatives who need to know such information for the purposes of performing the receiving Party’s obligations under this Agreement if, but only if, prior to being told of such matters or being given access to Confidential Information, such Disclosure Representatives are informed of the confidentiality thereof and the requirements of this Agreement and are directed to comply with the requirements of this Agreement. Each Party will be responsible for any breach of this Agreement by its Disclosure Representatives. 993626.9 21

(b) Disclosures to or by Governmental Authorities. Each Party and its Disclosure Representatives may disclose the terms, conditions or other facts with respect to this Agreement and all Confidential Information furnished or made available by either Party pursuant to this Agreement: (i) To duly authorized Governmental Authorities; and (ii) To the extent necessary to comply with any Applicable Law, including the Delaware Freedom of Information Act, Title 29, Chapter 100, of the Delaware Code; Provided, however, that the disclosing Party shall, prior to any such disclosure by it or its Disclosure Representatives, use reasonable efforts to notify the other Party that a disclosure has been requested to allow said other Party to seek confidential treatment, at its own cost or said other Party’s cost, by the Governmental Authority of the Confidential Information or other information disclosed to any of them by the disclosing Party or its Disclosure Representatives under this Section 42. (c) Ownership and Return of Information. All Confidential Information shall be and remain the property of the Party providing it. Nothing in this Agreement shall be construed as granting any rights in or to Confidential Information to the Party or Disclosure Representatives receiving it, except the right of use in accordance with the terms of this Agreement. Upon the written request of a Party, all Confidential Information, including all written or recorded copies thereof, shall be promptly returned to the requesting Party or destroyed, and if destroyed, such destruction shall be certified in writing to the requesting Party by a responsible officer of the other Party. (d) Enforcement. The Parties agree that irreparable damage would occur if the confidentiality obligations under this Agreement were not performed in accordance with its terms or were otherwise breached. Accordingly, a Party will be entitled to seek an injunction or injunctions to prevent breaches of this Section 42 and to enforce specifically its provisions in any court of competent jurisdiction, in addition to any other remedy to which the Party may be entitled by law or equity. (e) Publicity. Intentionally Deleted. [Signatures on Following Page] 993626.9 22

The Parties have read this Agreement, understand it and agree to be bound by its terms as of the dates set forth below. LESSOR: The City of Dover, a Delaware municipality By: Name: Title: Date: LESSEE: Garrison Energy Center LLC, a Delaware limited liability company By: Name: Title: Date:__________________________________ 993626.9 23

EXHIBIT A DESCRIPTION & DEPICTION OF THE PROPERTY (Lots 1-15) Garrison Oak Technical Park 993626.9 A-1

EXHIBIT B DESCRIPTION & DEPICTION OF THE PREMISES Lot 7 (86.4211 acres) & Leased Portion of Lot 7 (36.7971 acres) 993626.9 B-1

EXHIBIT C MEMORANDUM OF LEASE RECORDING PREPARED BY AND WHEN RECORDED, RETURN TO: Calpine Corporation 717 Texas Avenue, Suite 1000 Houston, TX, 77002 Attn: Jackie Thomas (SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE) TAX PARCEL NUMBER: LC-05-068.00-01-03.00-00001 (Portion of) MEMORANDUM OF GROUND LEASE THIS MEMORANDUM OF GROUND LEASE (this “Memorandum”) is made and entered into as of the __________ day of __________, 2012, by and between _The City of Dover, a Delaware municipality, (“Landlord”), and Garrison Energy Center, LLC, a Delaware limited liability company, (“Tenant”). FACTUAL CONTEXT A. Landlord is the owner of certain real property in the City of Dover, County of Kent, State of Delaware (the “Property”), which real property is more particularly shown and described in Exhibit A hereto as Lots 1 to 15 in the Garrison Oak Technical Park. B. Landlord and Tenant are parties to that certain Ground Lease Agreement dated __________ 2012__ (the “Lease”), whereby Tenant leases a portion of Lot 7 on the Property (the “Premises”), as shown in Exhibit A hereto. All words and phrases used herein, and which are not defined herein, shall have the meaning given thereto in the Lease. As provided in the Lease, Landlord and Tenant desire to evidence the Lease in the Official Records of Kent County, Delaware (the “Records”). NOW, THEREFORE, in consideration of the foregoing and TEN DOLLARS ($10.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord does hereby demise, lease and let unto Tenant the Premises, as follows: 1. The Term of the Lease shall be for a thirty (30) year period, subject to four (4) renewal terms of five (5) years each and Tenant’s early termination option. The initial Term commenced on _____________ ___, 2012 and shall expire on ___________ ___, 2042. 2. This Memorandum is subject to all conditions, terms and provisions of the Lease (all of which are hereby ratified and affirmed), which agreement is hereby adopted and made a 993626.9 C-1

part hereof by reference to the same in the same manner as if all the provisions thereof were copied herein in full. 3. In the event of a conflict between the terms of the Lease and this Memorandum, the Lease shall prevail. Reference should be made to the Lease for a more detailed description of all matters contained in this Memorandum. 4. The Lease provides that it binds and benefits Landlord and Tenant and their respective successors and assigns. 5. This Memorandum shall be recorded in the Records of Kent County, Delaware. IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum effective as of the date first written above. LANDLORD: TENANT: City of Dover , a Delaware municipality Garrison Energy Center, LLC, a Delaware limited liability company By: By: Name: Name: Title: Title: 993626.9 2

DESCRIPTION & DEPICTION OF THE PROPERTY & PREMISES Garrison Oak Technical Park 993626.9 3

MEMORANDUM OF GROUND LEASE Execution Copy RECORDING PREPARED BY AND WHEN RECORDED, RETURN TO: Calpine Corporation 717 Texas Avenue, Suite 1000 Houston, TX, 77002 Attn: Jackie Thomas (SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE) TAX PARCEL NUMBER: LC-05-068.00-01-03.00-00001 (Portion of) MEMORANDUM OF GROUND LEASE THIS MEMORANDUM OF GROUND LEASE (this “Memorandum”) is made and entered into as of the __________ day of __________, 2012, by and between The City of Dover, a Delaware municipality, (“Landlord”), and Garrison Energy Center, LLC, a Delaware limited liability company, (“Tenant”). FACTUAL CONTEXT A. Landlord is the owner of certain real property in the City of Dover, County of Kent, State of Delaware (the “Property”), which real property is more particularly shown and described in Exhibit A hereto as Lots 1 to 15 in the Garrison Oak Technical Park. B. Landlord and Tenant are parties to that certain Ground Lease Agreement dated __________ 2012 (the “Lease”), whereby Tenant leases a portion of Lot 7 on the Property (the “Premises”), as shown in Exhibit B hereto. All words and phrases used herein, and which are not defined herein, shall have the meaning given thereto in the Lease. As provided in the Lease, Landlord and Tenant desire to evidence the Lease in the Official Records of Kent County, Delaware (the “Records”). NOW, THEREFORE, in consideration of the foregoing and TEN DOLLARS ($10.00) and other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Landlord does hereby demise, lease and let unto Tenant the Premises, as follows: 1. The Term of the Lease shall be for a thirty (30) year period, subject to four (4) renewal terms of five (5) years each and Tenant’s early termination option. The initial Term commenced on _____________ ___, 2012 and shall expire on ___________ ___, 2042. 2. This Memorandum is subject to all conditions, terms and provisions of the Lease (all of which are hereby ratified and affirmed), which agreement is hereby adopted and made a part hereof by reference to the same in the same manner as if all the provisions thereof were copied herein in full.

3. In the event of a conflict between the terms of the Lease and this Memorandum, the Lease shall prevail. Reference should be made to the Lease for a more detailed description of all matters contained in this Memorandum. 4. The Lease provides that it binds and benefits Landlord and Tenant and their respective successors and assigns. 5. This Memorandum shall be recorded in the Records of Kent County, Delaware. IN WITNESS WHEREOF, Landlord and Tenant have executed this Memorandum effective as of the date first written above. LANDLORD: TENANT: City of Dover , a Delaware municipality Garrison Energy Center, LLC, a Delaware limited liability company By: ________________ By: ________________ Name: ________________ Name: ________________ Title: ________________ Title: ________________

ACKNOWLEDGMENT State of ____________________) ) ss. County of __________________) On this _____ day of ______________, 2012, before me, _____________________ personally appeared ___________________ who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under penalty of perjury under the laws of the State of _____________ that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: ______________________ Print Name: ____________________ Title: Notary Public Expiration Date: _________________ (Seal) ACKNOWLEDGMENT State of ____________________) ) ss. County of __________________) On this _____ day of ______________, 2012, before me, _____________________ personally appeared ___________________ who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. I certify under penalty of perjury under the laws of the State of _____________ that the foregoing paragraph is true and correct. WHITNESS my hand and official seal. Signature: ______________________ Print Name: ____________________ Title: Notary Public Expiration Date: _________________ (Seal)

Dover Police Department Monthly Report To Mayor and City Council “To Protect and Serve” June 2012

July 13, 2012 Honorable Carleton E. Carey, Sr., Mayor Members of Dover City Council City Hall Dover, DE 19901 Mayor Carey and Council Members: The following is the monthly report for Dover Police Department activities for the month of June 2012: COMPLAINTS Total complaints received through June 30th numbered 17,942. This is an increase of 1,679 complaints over the same time period for last year. 24,000 16,216 16,263 17,942 18,000 14,966 13,585 12,000 6,000 0 2008 2009 2010 2011 2012 CRIMINAL INVESTIGATIONS 20 Cases Reported in 16 June 16 11 12 Cases Cleared in 9 June 8 6 4 6 6 Cases Cleared 4 0 from Previous 0 Months 0 Burglary Robbery Rape

Report to Mayor and Council June 2012 Page 2 COMMUNITY POLICE SECTION ENFORCEMENT ACTION ARRESTS ABANDONED VEHICLES 0 ALCOHOL VIOLATIONS/DUI’S 10 ASSIST OTHER 4 WARRANTS ON FILE 1 BIKE ON SIDEWALK 3 CITY PARK VIOLATIONS 1 CRIMINAL ARRESTS 12 DRUG RELATED ARRESTS 0 LOUD MUSIC 6 MISCELLANEOUS VIOLATIONS 2 PARKING VIOLATIONS 5 PEDDLER 0 MEETINGS 2 PROSTITUTION 0 COLLECTION OF DELINQUENT 0 DCO’S WANTED CHECKS/CPC’S 22 TRAFFIC ARRESTS 28 WARNINGS 16 FUGITIVE 10 TOTAL ARRESTS 122 TRAFFIC ARRESTS The department issued 8,439 traffic citations 12,000 10,510 10,491 through this reporting period. This is a decrease 9,147 9,209 8,439 of 2,052 citations over the number issued during the same period last year. 8,000 4,000 0 2008 2009 2010 2011 2012 TRAFFIC CRASHES Through June 30th, Dover Police investigated 949 traffic crashes. This is an increase of 77 crashes investigated during the same period last year. 1,200 984 945 914 872 949 800 400 0 2008 2009 2010 2011 2012

Report to Mayor and Council June 2012 Page 3 2% 911 CENTER 7% During the month of June, our 911 Center handled a total of 10,402 calls averaging 347 calls per day. Dispatchers handled 2,496 calls on the 911 VoIP wireless lines, an average of 84 calls per day, 750 24% 911 Landline calls on the 911 landlines, an average of 25 calls 911 Wireless per day, and 177 calls on the Voice Over Internet 67% Administrative Protocol lines an average of 6 calls per day. CITY ORDINANCE SUMMONS Through June 30th, we issued 3,727 city 6,000 ordinance summons, a decrease 838 of 4,639 4,565 summons over June of last year. *Note: of 4,172 3,993 3,727 those summonses issued in June, 106 4,000 3,368 3,241 were issued for handicapped parking 2,912 2,790 violations, 42 for fire lane parking 2,623 violations, 211 for false alarms (157 for 3-5 alarms, 45 for 6-9 alarms, 8 for 10-15 2,000 alarms, and 0 for 16 or more alarms) and 100 for noise violations (59 for vehicle violations and 41 for residence violations). 0 2008 2009 2010 2011 2012 ISSUED PAID Listed below are the major crimes and activities that occurred during the month of June:  Between Wednesday, June 6, 2012 and Thursday, June 7, 2012, an apartment in the 300 block of N. State Street was forcibly entered while the resident was away. The unknown subjects removed a TV and a laptop from the apartment and fled. Witnesses reported seeing two white males and one black male in the apartment building around this time and they could possibly be riding in a red late model Pontiac.  Between June 7, 2012 and June 20, 2012, an unknown subject forced entry into the front door of an apartment on Woodcrest Drive. Once inside, the subject removed a 32” flat screen television, Xbox 360, Nintendo Wii, Sony DVD Player, Dell Laptop, and an Apple IPad.  On Monday, June 11, 2012, at approximately 2130 hours, an unknown black male entered a local pizza shop located on N. DuPont Highway, produced a handgun and demanded money from the clerk. The subject, described as 5' 10" - 6' 0", approximately 150 lbs., wearing a black hooded sweatshirt, black bandana, and a black hat, fled on foot northbound after obtaining an undetermined amount of money.  On Monday, June 11, 2012, at approximately 2330 hours, Dover Officers responded to the 400 block of East Avenue for a report of an intoxicated subject banging on the door of a residence. Upon arrival, officers could hear a disturbance inside the residence and then noticed a bedroom window had been broken. They observed the 84 year old male victim inside the bedroom on the floor bleeding from the head with the suspect, who was later identified, standing over him holding a piece of rebar. Officers entered the residence and apprehended him.

Report to Mayor and Council June 2012 Page 4  On Friday, June 15, 2012, at approximately 1605 hours, Dover Officers responded to an altercation between two male subjects in the parking lot of a local convenience store located on S. New Street. Upon arrival, officers located a 39 year old male victim who had been stabbed in the left eye with an unknown object. Dover Police Detectives responded and learned that the victim was arguing with an unknown black male subject who subsequently stabbed him with an unknown object. The suspect was observed fleeing in a cream colored vehicle, possibly a Lincoln. The victim was transported to Bayhealth-Kent General Hospital and later transferred to Christiana Hospital as the injury to his eye was severe. The investigation is on- going.  On June 19, 2012, at approximately 1740 hours, a 21 year old subject of Dover became involved in an altercation with his 21 year old girlfriend in the 900 block of Whatcoat Apartments. The subject choked the victim then produced a handgun and threatened to kill her before leaving the residence. Warrants were obtained for his arrest, and on June 21, 2012, at approximately 2130 hours, he was spotted by Dover Officers driving in the area of S. New Street. He fled from officers but was apprehended a short distance later and additionally charged with Resisting Arrest and other traffic related offenses.  On June 19, 2012, at approximately 1800 hours, two black male subjects entered the discount store located on Townsend Blvd., wearing hooded sweatshirts. One suspect jumped over the counter and removed cash from the registers while the other displayed a silver semi-automatic handgun. Both suspects fled on foot and attempted to get into a motel room at the Kent Budget Motel; however, they were unsuccessful. Both then fled toward the rear of a large department store. One of the suspects was identified and warrants have been obtained for his arrest. The other suspect, only described as light skinned with green eyes, has not yet been identified.  On June 21, 2012, at approximately 0030 hours an unknown white male and unknown black male suspect each punched a 31 year old victim in the face as he was getting out of his vehicle on the south side of F Building in Woodmill Apartments. The two suspects demanded money; however, the victim refused and called police. The suspects fled in a gray SUV toward Farmview Drive.  On June 26, 2012 the Criminal Investigation Unit identified a subject who was responsible for the numerous daytime burglaries which occurred in the northwest part of Dover. The subject, a white male, age 23 of Dover, was arrested for 17 burglary related charges. The incidents occurred between June 18, 2012 and June 24, 2012 on Portmarnock Court, Hobbyhorse Court, Carnoustie Road, and two offenses on Troon Road. Dover Detectives searched the subject’s residence and recovered a substantial amount of suspected stolen property, which was on display from 1100 to 1500 hours on the June 28, 2012 at the Dover Police Department. Thousands of dollars of property was returned to the numerous victims.  On June 27, 2012 the Dover Officers arrested a 27 year old, black male subject of Dover, for a burglary which occurred on June 20, 2012 in the 200 block of N. Kirkwood Street. The subject forced entry into the residence through a window to gain entry. Once inside, he removed a television and a printer. He was identified by fingerprints which were lifted by the investigating Dover Police Detective.  On June 28, 2012 at approximately 1500 hours, Dover Police Detectives arrested a 29 year old, white male subject. The investigation revealed that the subject, who is a teacher at a local high school, was having an ongoing sexual relationship with a 17 year old female student. He is being charged with 40 counts of Sexual Abuse of a Child by a Person in Authority and 1 count of Continuous Sexual Abuse of a Child.  Dover Police and Prince George’s County Maryland Police Department are asking for the public’s help in locating a missing person. Luther Alfred Henderson, 46, was last seen on March 13, 2012 at Dover Downs Casino and left on foot. Mr. Henderson is a black male, 46 years of age, 5’ 11”, 185 lbs., with brown eyes and black & gray hair. He was last seen wearing a long sleeve purple shirt, blue jeans, black baseball cap, and black tennis shoes. His family members have been to Dover, Delaware on several occasions in search of him with negative results. Respectfully Submitted, James E. Hosfelt, Jr. Chief of Police

Monthly Report June 2012 Office of City Assessor

Number of Deeds Stamped for the Transfer Tax Dollar Amount for the Month of June 2011/2012 Month of June 2011/2012 28 26 25 $100 30 $67 Thousands 25 $60 20 15 15 9 $50 6 10 0 2 0 2 2011 $10 $9 $12 $0 $8 2011 5 $0 0 2012 $0 2012 First Time Buyer for Month of June June 2011/2012 Realty PropertySales in 2011/2012 Dollars Received Prior to Recording 26 25 $5 $4 30 Millions Res. Non‐First $4 $3 $2 Time Buyers 20 $2 $1 $1 Res. First Time 2011 $1 $0 $0 $0 $1 9 6 Buyers 2012 $0 10 0 2011 2012 Major Updates Apr ‐ 12 May ‐ 12 June ‐ 12 Assessment Change $833,200 $4,303,000 ‐$3,410,800 Residential Sales Ratio Report Sales in Study Total Assessed Value Total Sale Pric e Ratio PRD 7 $1,245,200 $1,238,700 1.00 1.02 Ratio – Assessed Value divided by Sale Price. PRD – Mean – A PRD above 1.03 tends to indicate assessment regressivity – high valued properties are under appraised relative to low valued properties. A PRD below .98 tends to indicate assessment progressivity – high valued properties are relatively over appraised.

Points of Interest Scanning & Filing ‐ All new deeds are being scanned and attached to the CAMA software for easy retrieval. ‐ All appeal documents and correspondence are being scanned and attached to the CAMA software for easy retrieval. ‐All old property record cards are scanned and indexed into Fortis. Assessor’s Office Clerical Error – 1010 White Oak Road ‐ ED05‐068.18‐03‐70.00 This parcel was picked up during the 2010 revaluation and should have been absorbed into the adjacent parcels many years ago. Per Kent County, this parcel does not exist and the necessary changes to the tax maps have been applied.

City of Dover Sales Ratio Report for June 2012 Total Assessed PARID Address Value Sales DT Sales Price ASR ED05‐067.05‐01‐44.00 26 FAIRWAY CT $253,100 1‐Jun‐12 $293,000 0.86 ED05‐067.19‐03‐67.00 5 PATRIOT DR $189,700 22‐Jun‐12 $189,900 1.00 ED05‐068.14‐03‐26.00 223 BRADLY ST $158,200 22‐Jun‐12 $139,900 1.13 ED05‐068.20‐01‐59.00 1566 N LITTLE CREEK RD $131,800 22‐Jun‐12 $105,000 1.26 ED05‐068.20‐01‐59.00 509 ANN MOORE ST $203,400 21‐Jun‐12 $183,000 1.11 ED05‐076.10‐02‐30.00 1520 FAWN ST $152,500 15‐Jun‐12 $163,000 0.94 ED05‐085.12‐04‐21.00 336 LOCUST POINT PL $156,500 11‐Jun‐12 $164,900 0.95

CITY MANAGER’S MONTHLY REPORT JUNE 2012 City Manager’s Monthly Report, June 2012

Customer Services  In the month of June we processed 1683 payments as of June 30, 2012.  City of Dover property taxes were due July 31, 2011 (July 31 in 2011 was a Sunday). As of May 31, 2012 the delinquent property taxes total $325,328.02 for all tax years. Our collection efforts include sending a delin- quent statement, making phone calls, and enforcing the Clean Hands Act. The Inspection and Planning De- partments have been providing assistance in collecting these outstanding debts. In November the properties over one year delinquent will be selected to process for the monition sale. Currently, there are approx 70 prop- erties selected for processing. Electric  Between the end of January and the month of February, the Electric Division went 32 consecutive days with no power interruptions. This is an all-time best! Human Resources  Continued contract negotiations with DOE, FOP & IBEW bargaining units. Parks, Recreation & Library  Library  744 children attended 23 children’s programs & 38 teens attended 8 teen programs.  Job Center noted 234 participants this month.  44 attended 10 teen programs.  Parks & Recreation  Zach Carter was honored with a luncheon hosted by Parks staff after his 23 years of employment. His last day was June 15.  Adult League Summer Field Hockey kicked off with 10 teams and the High School Summer Field Hockey League kicked off with 11 teams.  The Pitts Center gym has been shut down 5 times since June 15, 2012 due to intense heat in the gym area. Public Works  Working on CIP and additional funding for future street program and other projects. 2 City Manager’s Monthly Report, June 2012

CUSTOMER SERVICES WORK ORDERS PROCESSED EXTENSIONS OF CREDIT 3,000 1,000 908 2,500 1,9852,042 800 1,892 683 2,000 1,804 1,7831,836 1,6231,583 1,6581,6581,7301,576 1,447 600 547 1,500 1,000 400 303 223 248 500 200 Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May - Jun- 11 11 11 11 11 11 11 12 12 12 12 12 12 11 11 11 11 11 11 11 12 12 12 12 12 12 Write-Offs / Electric & Trash Bills The electric write-off for outstanding electric bills with dates ranging mainly from April 2010 until June 2010. The proposed write -off of $36,406.19 includes $721.92 from accounts that filed for bankruptcy. The $36,406.19 is the fourth write-off for Fiscal 2012 and is .15 percent of the revenue ($24,039,698.) for the write-off period. In other words, the City collected 99.85% of all bills for the write-off period. For every $100 dollars of revenue the City billed in the write-off period, $0.15 was not collected. The trash write-off for outstanding trash bills with dates ranging mainly from April 2010 until June 2010. The proposed write-off of $791.51 includes $32.57 from accounts that filed bankruptcy. The $791.51 is the fourth write-off for Fiscal 2012 and is .27 per- cent of the revenue ($298,462) for the write-off period. In other words, the City collected 99.73% of all bills for the write-off peri- od. For every $100 of revenue the City billed in the write-off period, $0.27 was not collected. According to the APPA, the industry standard for collections among publicly held utilities of similar size is 99.74% of total electric revenue. The accounts are currently assigned to our collection agency and will remain there even when they have been written off. A complete list of accounts is available upon request. FY 2012 FY 2011 Major Program Updates Jun 2012 Jun 2011 Difference Year-to-Date Year-to-Date Number of Customers Served 27,602 22,450 5,152 281,916 291,105 Final Bills 658 715 (57) 7,811 7,803 Estimated Bills 157 135 22 1,833 1,674 Penalties Posted $ 14,171 $ 27,079 $ (12,908) $ 215,268 $ 260,554 Extensions of Credit - Amount Extended $ 59,762 $ 211,316 $ (151,555) $ 1,622,744 $ 2,437,106 Balance Transfers $ 3,392 $ 911 $ 2,481 $ 19,663 $ 28,704 Utility Collections $ 20,748 $ 22,217 $ (1,469) $ 325,118 $ 280,399 Special Assessments $ 110 $ 345 $ (235) $ 549 $ 9,284 Miscellaneous Billings $ 232,736 $ 243,292 $ (10,557) $ 1,686,485 $ 1,782,965 CNP through Disconnect Collars $ 38 441 (403) 261 102 Court Cases - - - - - Tamperings 4 8 (4) 57 43 Taxes Levied (includes carry forward) $ 385,328 $ 414,055 $ (28,727) $ 3,470,714 $ 3,319,866 Billing Adjustments $ 325 $ 35,391 $ (35,066) $ 11,700 $ 67,576 Total Taxes Collected $ 61,755 $ 48,410 $ 13,344 $ - $ 324,051 Taxes Outstanding $ 323,559 $ 330,254 $ (6,695) $ - $ 2,933,440 Payments in Lieu $ - $ - $ - $ - $ 7,500 Billing Accuracy (on schedule billings) 99.0% 99.0% - 99.0% 99.0% Bills Published on Schedule 99.0% 99.0% - 99.9% 99.9% Meters Read on Schedule 99.9% 99.9% - 99.9% 99.9% Customer Satisfaction Rating 99.9% 99.9% - 99.7% 99.7% Delinquent Accounts Collected 99.7% 99.7% - 99.8% 99.8% City Manager’s Monthly Report, June 2012 3

HUMAN RESOURCES June July Aug Sep Oct Nov Dec Jan Feb Mar Apr May June Category Total 11 11 11 11 11 11 11 12 12 12 12 12 12 * Caucasian 313 310 306 302 299 299 299 295 294* 291 289 290 285 N/A Minorities* 63 63 63 63 62 61 59 59 59* 57 56 57 58 N/A Hired - - - 1 - 1 - - 2 - - 2 6 14 Terminated/Resigned/ 2 3 4 5 4 2 2 4 3 5 3 2 5 44 Retired/Other Transferred/Promoted - - - - - 2 - - - - - 1 1 4 Jobs Posted - - 1 - - - - - - 3 4 2 2 12 Workers Comp. Injuries 5 4 7 4 2 9 4 3 3 6 2 2 1 52 Workers Comp. Hours 46 63 135 263 565 369 418 315 222 55 195 112 139 2,897 Insurance Claims 5 3 10 1 2 1 2 1 2 4 3 6 2 42 Full-time Employees: 343 Part-time Employees: 12 (4 Pitts Center, 1 Recreation, 7Library) -Numbers do not reflect, temporary, seasonal, relief fire dispatchers, committee or council members. * Correction to February 2012 Retired: Administrative Assistant (IT), Police Clerk, Police Lieutenant, 2 Police Officers, Parks & Recreation Director Jobs Posted: Central Mailroom Clerk (In House), Utility Maintenance Mechanic (Wastewater), Motor Equipment Operator (Water/Wastewater Hired: Inspector I and Library Clerks (3 part-time), 2 Police Officers Transferred: Police Communications Operator to Police Officer Recruitment Information Asian/ American Indi- In Out Position Total Female Male Black White Hispanic Pacific Is- an/Alaskan Na- Unknown Dover Dover lander tive Inspector I 55 9 46 12 39 3 - 2 - 18 37 Admin Assistant 114 108 6 46 61 5 1 1 - 51 63 Unfilled/Open Positions by Department* Unfilled/Open Positions Jun July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June By Department 11 11 11 11 11 11 11 12** 12 12 12 12 12 Electric 2 2 3 4 4 5 5 5 5 5 5 3 3 Public Works 3 1 1 3 3 5 5 9 11 13 13 15 16 Police - 4 4 4 5 3 3 3 1 2 3 2 4 All Other Departments 7.5 5 6.5 8.5 12 10.5 12.5 11.5 12 13 15 14 15 Totals 12.5 12 14.5 19.5 22.5 23.5 25.5 28.5 29 33 36 34 38 *Not used for Budgeting Purposes **Organization Change Electric: Journeyman – 1st Class Lineman, Public Utilities Director, Dept. Budget & Support Supervisor Public Works: Utility Maintenance Mechanic I/ Wastewater, Water Service Person, Motor Equipment Operator II/Water, Heavy Equipment Operator II, Field Supervisor I - Streets, and (2) MEO I & (1) MEO II – Sanitation, Public Services Manager, Custodian I (1), Custodian II, Facilities Management - Craftsperson II, Vehicle Maintenance -Mechanic I, Water Treatment Plant Operator I, Utility Maint. II - Wastewater, Operations/Construction Manager Police: Police Officer, Secretary II , Police Clerk, Communications Operator All Other Departments: Sr. LAN Analyst (due to A. Siegel currently acting as IT Director), LAN Analyst, Administrative Assistant - IT, Human Resources Clerk, Human Resources and Safety Coordinator, Senior City Administrator, (3)Library Page (PT), Administrative Assistant - Clerk’s Office, Fire Dispatcher, Central Services Director, Central Mailroom Clerk, Inspector I, Material Expeditor, Parks & Recreation Director 4 City Manager’s Monthly Report, June 2012

HUMAN RESOURCES continued Bonus Programs by Month Bonus Program Catego- Jun July Aug Sept Oct Nov Dec Jan Feb Mar Apr May June Total ry 11 11 11 11 11 11 11 12 12 12 12 12 12 Stop Program-Sensibly Taking Off Pounds(weigh- - 15 4 5 22 5 8 - 13 4 8 24 23 129 ins) Caught Doing it Right- Promotes employees productivity & creativity - - 1 1 1 - - - 2 - - - - 5 (submissions) Breathe Program-Rewards for ending tobacco use - - 1 1 - 1 - 1 - - - - - 4 (submissions) Ducs in a Row-Doing Use- ful Community Service - - - - - - - - - - - - - - (submissions) Workers Comp Injuries 20 15 10 5 0 * Jun- Jul - Aug- Sep- Oct- Nov- Dec- Ja n- Feb- Ma r- Apr- Ma y- Jun- 11 11 11 11 11 11 11 12 12 12 12 12 12 Electric Public Works Police Others * Organization Change Electric: 0 Public Works: 0 Police: 1 All Other Depts.: 0 * * Organization Change Electric: 0 Public Works: 139 Police: 0 All Other Depts.: 0 City Manager’s Monthly Report, June 2012 5

INFORMATION TECHNOLOGY Service Requests Resolved Citizen Action Center - Customers w/ New Issues 250 233 168 216 221 150 202 186 192 200 180 171 130 159 162 165 162 114 144 110 88 150 81 86 86 90 100 70 60 57 70 63 48 50 44 50 31 30 0 10 Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- 11 11 11 11 11 11 11 12 12 12 12 12 12 11 11 11 11 11 11 11 12 12 12 12 12 12 Programming Requests Completed Page Views - City of Dover Web Page 30 25,000 24 25 21 21 20,000 20 Pages Viewed 16 16 16 17 15 15 15,000 14 14 23,639 22,347 22,051 15 20,942 12 20,460 19,853 19,936 20,685 11 18,965 17,995 17,542 16,470 17,120 10,000 10 5 5,000 0 0 Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- Jun- Jul- Aug- Sep- Oct- Nov- Dec- Jan- Feb- Mar- Apr- May- Jun- 11 11 11 11 11 11 11 12 12 12 12 12 12 11 11 11 11 11 11 11 12 12 12 12 12 12 Current Performance Indicators Last Month Same Month Month Last Year iSeries Availability 100% 100% 100% Server Availability 100% 100% 100% AS/400 Connections (concurrent/authorized users) N/A N/A N/A PCs Supported 352 351 335 Scheduled PCs Replaced - - - Servers Supported 13 13 16 People Trained 8 1 28 Availability Statistics based on 7:00 AM until 5:00 PM Monday—Friday 6 City Manager’s Monthly Report, June 2012

PARKS, RECREATION & LIBRARY Library Childrens Services 1000 500 0 June 11 July 11 Aug 11 Sept 11 Oct 1 1 Nov 11 Dec 11 Jan 12 Fe b 12 Mar 12 Apr 1 2 May 12 Series4 Series3 Series2 Series1 Reference – 380 Reader’s Advisory – 168 Reference - 156; Reader’s Advisory – 133 Electronic Assistance – 180; Electronic Assistance – 30; Outreach – 0 ****We have amended our Electronic Assistance, Reader's Advisory & Reference transactions to more accurately represent the actual statistics.*** Circulation June12 FYTD 12 June11 FYTD 11 Dover residents 17,264 200,379 17,663 201,768 Ebooks (began 12/2011) 763 4,499 Kent residents* 15,361 171,930 15,599 179,369 Non-county residents 2,594 24,124 1,681 18,993 Registrations Dover residents 219 2,352 204 2,606 Kent residents* 64 842 113 1,107 Non-county residents 11 105 6 109 Other Visiting Patrons 30,882 366,835 34,421 367,586 Meeting Room Usage** 100 980 20 2,560 Photocopier Usage 1,106 17,589 1,926 18,847 Dial-A-Story 624 10,300 1,103 13,277 Computer Usage 3,244 47,236 4,475 52,846 Holds (Total) 7,169 94,043 7,329 83,399 *Breakout of Kent County Residential Statistics Circulation Registrations Harrington: 67 Harrington: 0 Smyrna: 1,301 Smyrna: 7 Milford: 113 Milford: 0 Outside City Limits: 13,880 Outside City Limits: 57 Total Registered Users: (Card Holders) City: 18,369 Kent County: 13,240 Outside Kent County: 1,108 Other Points of Interest: Inter/Interlibrary***: 0 items loaned out Technical services: 1,340 items added 30 items borrowed 1,810 items deleted Volunteers: 587 hours of service completed ** Meeting Room Usage The meeting room is no longer available for rental as it has become the designated location of the Job Center. City Manager’s Monthly Report, June 2012 7

Parks and Recreation 1 6 Recreation62 Revenue Recreation Revenue Breakdown ,7 7 8 , 2 20,000 1 7 1 5 $30,000.00 ,5 6 18,000 5 2 1 7 , 16,000 0 3 $25,000.00 5 1 14,000 . 0 6 2 7 0 $20,000.00 12,000 7 ,6 ,6 0 8 6 7 3 9 9 9 9 4 7 2 , 6 8 , 7 10,000 8 2 , 7 ,5 , 7 ,4 $15,000.00 7 7 7 8,000 2 4 $10,000.00 6,000 2 , 3 4,000 $5,000.00 2,000 0 $0.00 June July Aug Sept Oc t Nov Dec Jan Feb Mar Apr May June June July Aug Sept Oc t Nov Dec Jan Feb Mar Apr May Jun 11 11 1 1 11 11 11 11 12 12 12 12 12 12 11 11 11 11 11 11 11 12 12 12 12 12 12 Year To Date Revenue Comparison General – $2,322 Rental Payments – $1,150 FY11 $129,985 vs FY12: $112,505 Sports – $1,470 Leagues – $2,000 Trips – $0 Rentals FYTD 12 JUNE12 JUNE11 FYTD 11 Baseball/Softball Field Rentals* 34 223 37 231 Dover Park Pavilions (2) 21 92 16 48 Multipurpose/Field Hockey Field Rentals* 21 44 22 80 Recreation Center – Dover Park 32 169 31 210 Silver Lake Pavilions (2) / Schutte (1) 15 48 7 54 Soccer Field Rentals* 1 13 2 22 Stage – Mobile Platform 5 26 6 31 *These numbers reflect groups that utilized our facilities during July. Dover Park Program Attendance* JUNE12 FYTD 12 JUNE11 FYTD 11 Super Summer Playground (began) 45 45 55 55 *This number reflects activities that took place in June. (Not included on the JWP report.) Total Program Attendance FREE Open Gym Registration Cards 14,000 Total Cards Issued: 5,031 12,000 City Residents: 2,221 - (44%) Non-City Residents: 2,810- (56%) 10,000 - Kent County: 2,317 - (46%) 8,000 - Sussex County: 165 - (3%) - New Castle County: 109 - (2%) 6,000 - Out of State: 221 - (4%) 4,000 *The cards permit entrance to the facility during 2,000 scheduled Public Open Gym Periods at no charge. 0 June 11 July 11 Aug 11 Sept 11 Oct 11 Nov 11 Dec 11 Jan 12 Feb 12 Mar 12 Apr 12 May 12 June 12 8 City Manager’s Monthly Report, June 2012

PUBLIC WORKS Administration Administrative review and inspection services continued on all residential and commercial developments. The following residential subdivisions are in various phases of construction: Oak Shadows Emerald Pointe Lexington Glenn Village of Westover (Phase VI) Farthing Woods Eden Hill (Residential) Patriot Village Clearview Meadows Village of Cannon Mill Sanitation Monthly Total Refuse (Tons) Sanitation Hours 1,500 1,005 998 1000 924 940 1,000 845 812 887 826 826 804 762 769 704 710 656 568 538 500 412 500 335 240 169 202 129 157 144 162 148 143 155 150 75 99 39 52 - 0 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Bulk Collection Mechanized Hand Trash Container 11 11 11 11 11 11 11 12 12 12 12 12 12 Collection Collection Repair/Delivery Bulk Automated Jun 12 Jun 11 JUNE 12 FYTD 12 JUNE 11 FYTD 11 Trips to DSWA Sandtown Landfill 179 2164 208 2,663 Total Tonnage to DSWA 975.71 11,994.86 1,164.20 14,202.85 90-G 90 Gallon containers Delivered 39 269 16 290 300-Gallon Containers Delivered 3 39 3 53 Total Man Hours-containers Delivered 39 554 52 693 CURBSIDE RECYCLING TOTAL # OF TOTAL # OF STATS HOUSEHOLDS ACCOUNTS WEIGHT/ AVE. LBS. COLLECTED LBS. June 2012 17,986 8,600 280,760 15.61 City Manager’s Monthly Report, June 2012 9

Streets JUNE 12 FYTD 12 JUNE 11 FYTD 11 Signed Installed 20 304 28 298 Signs Repaired 11 199 6 235 Curbs Painted Yellow (feet) 78 18,551 595 27,653 New Post Installed 7 69 17 100 Storm Catch Basins Repaired 3 52 32 97 Storm Catch Basin Repairing (Hrs.) 136 406 32 408 Storm Catch Basins Cleaned 16 2,101 42 295 Storm Catch Basins Cleaning (Hrs.) 46 960 46 401 Hot Mix Patching (Tons) 62 188 0 97 Hot Mix Patching (Hrs.) 212 872 0 356 Cold Mix Patching Hrs.) 37 596 162 679 Concrete Work (Hrs) 254 907 496 1,045 Concrete Patching (Cubic Yards) 0 1 12 71 Street and Alley Maintenance (Hrs) 168 2,032 176 1,894 Ditch Work (Hrs). 0 64 0 65 Street Sweeping (Miles) 1,084 11,236 1,969 13,313 Street Sweeping (Cubic Yards) 260 2,284 282 2,539 Grounds Arborist Crew JUNE 2012 JUNE 2011 Trees Trimmed 27 104 Trees Removed 4 25 Trees Planted 6 0 Stumps Removed 5 0  Assisted the mowing crew by mowing with the tractor.  Applied 14 gallons of Roundup herbicide to mulched areas. Beautification Crew  Gave a greenhouse tour to the Garden Club from the Modern Maturity Center.  Continuing tilling and planting annual/perennial beds.  Put up the Petunia Tree on The Plaza.  Continue watering the 75 hanging baskets every other day.  Planted all 17, 36” containers on Loockerman Street.  Applied 12 gallons of Roundup herbicide to curbs sidewalks and mulched areas. Mowing Crew  Mowing all areas including parks, around City facilities, ditches and right-of-ways.  Set up the stage four times for events this month.  Planted 94 8’ tall Leyland Cypress trees as a buffer between some of the properties in Nottingham Meadows that back up to Wyoming Mill Road.  Large turf repair at Turnberry where drainage pipe line was repaired. Tilled the area with tiller on tractor, graded and seeded. 10 City Manager’s Monthly Report, June 2012

Geographic Information Systems (GIS)  Created trash guidelines feature class .  Updated road centerline file.  Printed multiple posters for Downtown Dover Development Office.  Created yard waste guidelines flyer for contractor.  Created hand trash progress map.  Updated grass maintenance feature class. Fleet and Facilities Management Fleet Maintenance Work Orders: 55 Major Program Updates Measure JUNE 12 JUNE 11 DIFFERENCE Fleet Maintenance Scheduled Preventative Maintenance appoint- 12 out of 12 16 out of 22 +14.29% ments being kept (Quantity and Percentage) 100% 72.73% Facilities Management Routine work orders completed within 5 days 23 out of 24 39 out of 42 +0.71% (Quantity and Percentage) 95.83% 92.86% Emergency work orders completed within 2 8 out of 8 5 out of 5 0% days (Quantity and Percentage) 100% 100% City Manager’s Monthly Report, June 2012 11

Water/Wastewater Water Production/Billed Consumption/Flow to Kent County 255,000,000 205,000,000 155,000,000 105,000,000 55,000,000 5,000,000 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 11 11 11 11 11 11 11 12 12 12 12 12 12 Total Water Prod. Billed Consumpt. ENGINEERING SUMMARY Major Program Updates June 12 June 11 DIFF FY12 YTD FY11 State and Federal Violations 0 violations 0 violations - - - Water Quality Complaints 5 8 -3- 118 122 Plan Review Completed Within 30 days of Sub- 5 plans 14 99% 97% mission 100% 99% -9 plans Field Inspection Response within 48 hours of 20 20 - 100% 100% Request OPERATIONAL SUMMARY JUNE 12 JUNE 11 Current FY Task Water Production – Daily Average 5,097,500 5,626,733 2,043,627,000 Average Field Response Time (goal is < 30 minutes) 21.23 25.5 22.29 Water Mains Repaired 3 0 2320 Water Service Lines Repaired 1 3 16 Wastewater Mains Repaired 0 0 6 Wastewater Service Lines Repaired 3 0 11 Sewer Lines Flushed – Linear Feet 87,514 104,202 790,175 Total Water Meters in City Distribution System 14,049 13,935 109 Lost Time Accidents – All Water/Wastewater Divisions 0 0 1 SOP/CIP Updates (percentages below represent percent completed) FY-2011 Spring Street Program – 90% 12 City Manager’s Monthly Report, June 2012

PUBLIC UTILITIES Electric System Peak Total System Load 100,000 172.6 200 165.5 81,797 153.8 158.5 71,888 74,068 139.3 143.7 65,231 66,593 80,000 60,425 60,085 150 56,161 57,142 55,238 54,951 55,553 53,525 106.13 109.3 101.8 60,000 98.5 97.3 99.6 94.5 100 40,000 50 20,000 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 11 11 11 11 11 11 11 12 12 12 12 12 12 11 11 11 11 11 11 11 12 12 12 12 12 12 Outages Customers of Gained/Lost 35 6,000 25 23 30 5,000 25 20 18 4,000 Customers 16 Outages 20 3,000 15 13 15 10 2,000 8 9 10 10 5 6 6 5 5 1,000 5 2 2 0 0 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun 0 11 11 11 11 11 11 11 12 12 12 12 12 12 Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Outages 11 11 11 11 11 11 11 12 12 12 12 12 12 Outages: 20 Customers: 5,297 Electric Monthly Outage Report The annual outage goal will be less than 295 minutes per customer, which is a Delaware Standard. This will be measured by calculating the System Average Interruption Duration Index. FY 12 YTD FY 11 FY 10 39.44 63.78 160.14 Controllable Outages Average Response Time Annual goal is less than 40 Goal is less than 30 minutes Month Year-to-date Month Year-to-date 7 50 28.62 Minutes 28.56 Minutes City Manager’s Monthly Report, June 2012 13

Electric Engineering Design Major Program Updates JUNE 12 JUNE 11 DIFF FY12 YTD FY11 Extensions Design Completed Within 30 days 0 0 - 4 0 of complete Submission New Underground Installation % Completed New Underground Installation % Completed N/A JUNE 12 JUNE 11 FY12 YTD PROGRAM UPDATES Tree Trimming 300 194 2143 Number of Oil Releases 0 1 1 Lost Time Accidents – All Electric Utility Divisions 0 0 8 New Services 2 5 105 Major Goals Completed in the Past Two Months N/A 14 City Manager’s Monthly Report, June 2012

CITY PLANNER’S MONTHLY REPORT Public Services Group P.O. Box 475 Dover, DE 19903 Phone: (302) 736-7196 Fax (302) 736-4217 June 2012 PERSONNEL Dawn Melson-Williams (Principal Planner) attended the American Planning Association’s Audio/Web- Conference entitled “2012 Planning Law Review” on June 27, 2012 co-sponsored by the Delaware APA Chapter and the Kent County Department of Planning. PLANNING OFFICE The Planning Office is part of the review process for certain types of construction activity permits (Building Permits, Sign Permits, etc.) and Certificate of Occupancy permits. Planning Staff also reviews new applications for Business Licenses and Rental Dwelling Permits. More detailed information on these permits and licenses is reported later in this document. For June 2012, Planning Staff was involved with review of 83 Permits and 12 Certificates of Occupancy permits (2012 Year to Date total of 437 Permits and COs compared to 484 year-to- date in 2011). EDEN HILL FARM TND In June, Certificates of Occupancy were issued to a set of six townhouse dwelling units located at 501- 511 Ann Moore Street within Phase 1 of the Residential District. For the Residential District of Eden Hill Farm Traditional Neighborhood Design, the totals are now 77 dwelling units complete of the 77 permits approved for dwelling units in Phase 1. In late June, Building Permits were issued to a set of six townhouse dwelling units located at 512-522 Ann Moore Street within Phase 2A of the Residential District. City Staff allowed the issuance of these permits as infrastructure items were already in place for this block segment of Ann Moore Street. Prior to continuing with additional development in Phase 2, the site developer will need to address infrastructure dedication, bonding, street lighting payments for installation, tree planting requirements, and other infrastructure items. There was no activity associated with the Professional Office, Medical & Financial District. There was no activity associated with the Neighborhood Commercial District. COMPREHENSIVE PLAN IMPLEMENTATION Planning Staff continues to focus efforts on the implementation items identified in the 2008 Comprehensive Plan as amended. Planning Staff presented to the Parks Recreation & Community Enhancement Committee on June 11th the revisions to the sign regulations. The First Reading of Draft Ordinance #2012-12 was held on June 25th by City Council and referred to the Planning Commission for their July meeting. NEW DOVER HIGH SCHOOL PROJECT (C-10-05/S-11-18) Construction activities related to utilities, site improvements like parking lots, and the building steel framing construction activities continue at the site. Planning Staff and Public Works Staff continue to work with the district’s design professionals and DelDOT staff on project details and the monthly coordination meeting was held on June 21th. Review of the plans for transportation elements such as the east entrance and multi-use path associated with the school project continue. Results of the signal analysis being conducted for the east entrance

were received noting that a signal is not warranted. City Staff will evaluate the next steps to address the concerns regarding traffic and pedestrian access in this area. The contractors are working towards a July start of construction on the signalized west entrance (Dover High Drive) and Route 8 improvements. NPDES – MUNICIPAL SEPARATE STORM SEWER SYSTEM PERMIT Working under the partnership between Wesley College’s Environmental Sciences Department and the City of Dover Planning Office, Melissa Savin, the Wesley College intern who has been working with the Planning Office, continued to manage the required documentation and develop materials associated with the permit. The main focus in June was on the Drip Irrigation workshops and planning for our involvement with Camp Small Wonder. The interns from Wesley came into the office and filmed a How-To Video for drip irrigation installation. It has been edited and will soon be viewed and uploaded onto the City’s webpage. Handouts and brochures on drip irrigation were also printed and will be made available as a reference on the webpage as well. Two drip irrigation installation workshops were held at the end of June for Dover residents. Two drip irrigation systems were also awarded as door prizes at the end of the workshops. Plans for Camp Small Wonder were continuing to develop and activities were being created and gathered. A Wetland Specialist from DNREC was contacted to come in the first Thursday to teach the children about wetlands. “Wade into Wetland” kits were also reserved to be borrowed from the Aquatic Resources Education Center for that Thursday. The Project WET webpage was used as inspiration for some board games to be developed for the water quality education on the second Thursday of participation which was to occur at Silver Lake Park. A few emails were sent to the Library to stay updated on our plans for the environmental lecture series planned for this fall as well as to see how our plans with Kent County Reads are coming along. BOARDS AND COMMISSIONS REPORTS Board of Adjustment: The Board of Adjustment held a meeting on June 20, 2012 and took the following actions. The next regular scheduled meeting of the Board of Adjustment is scheduled for July 18, 2012. 1. Applicant #V-12-04 - 327 Martin Street, EJB Inc. – Approved the variances for a reduction in the number of off-street parking spaces with the requirement set at seven (7) parking spaces, driveway width, and parking location within the setbacks. 2. Applicant #V-12-05 - 506-516 Jefferic Blvd., Frontline Ministries – Approved the variance with conditions to set the number of required off-street parking spaces for a place of worship. Historic District Commission: The Historic District Commission did not meet on June 21, 2012. The next Historic District Commission meeting is scheduled for July 19, 2012. Planning Commission The Planning Commission met on June 18, 2012 and took the actions summarized listed below. The next Planning Commission meeting is scheduled for July 16, 2012. 1. S-11-09 State Street Plaza at 1004 S. State Street - Moved to grant approval of a one year extension for the Site Plan. 2. S-12-07 McDonald’s at 915 and 1025 South DuPont Highway – Moved to approve the Site Plan for construction of a new restaurant building and with approval of three (3) waiver requests: reduction of arterial street buffer, partial elimination of upright curbing for stormwater management, and an

alternative material choice (vinyl instead of wood) for the fence component of the opaque barrier. 3. S-12-10 Redevelopment of Wal-Mart Site at 1574 North DuPont Highway – Moved to approve the Site Plan for the redevelopment of the existing commercial building into multiple tenant spaces and two pad site buildings and including approval of the waiver request for the reduction in the arterial street buffer. 4. S-12-11 Greentree Shopping Center Expansion (Redner’s) at 25 Greentree Drive – Moved to approve the Site Plan for a building addition and site improvements to the parking lot and including approval of the following waiver requests: partial elimination of curbing for parking lot, partial elimination of upright curbing of building access, elimination of loading spaces and consideration of a Tree Mitigation Plan. 5. S-12-12 Delaware State University Applied Optics Research Building: Site Development Master Plan – Moved to approve the Site Development Master Plan for three Phases consisting of relocation of modular units, Building 1, and Building 2. Approval also includes approval of the waiver request to eliminate all loading spaces. CODE ENFORCEMENT Case Type # cases current # cases % staff initiated % staff initiated month YTD current month YTD No valid rental permit 37 114 100% 96% No valid building permit 8 21 100% 95% Tall grass and weeds 53 216 53% 49% Unregistered vehicle 0 16 0% 81% Abandoned vehicle 6 56 50% 52% Annual Housing Inspection 6 380 67% 98% Property Maintenance – 25 183 16% 52% Exterior Electric Termination 23 173 100% 95% Dover Code of Ordinances 10 113 40% 62% Zoning 1 37 100% 54% Total Cases 169 1309 Total # of Inspections 222 COMMUNITY DEVELOPMENT U CDBG FY11 PROJECTS Homeownership Assistance Program Seven (7) families have purchased homes using the Dover First Start Program. Homeowner Rehabilitation Program Three (3) homes have been completed. Dover Interfaith Mission to the Homeless CDBG funds have been utilized to cover the operations cost for the shelter. Emergency Home Repair Project Emergency repairs have been completed on nine (9) properties in the City of Dover. Connections Community Support Program Motel vouchers have been provided to 17 homeless persons in the City of Dover.

Neighborhood Stabilization Program (NSP) The City was awarded $1,426,740 for the acquisition and rehab of foreclosed properties to be sold to qualifying families. A total of $1,257,292 has been expended on the acquisition and renovations for 8 properties. One property has been purchased with program income and is for sale. The remaining balance of $169,447 will be utilized for renovations and acquisition. Five properties have been sold, three are for sale, one is a lease purchase and one is a rental that serves persons with disabilities. Habitat for Humanity has purchased a property and it is currently under renovation. 218 Ann Avenue (sold) 337 N. Governors Avenue (sold) 343 Mimosa Avenue (sold) 254 Green Blade Drive (sold) 907 Woodcrest Avenue (lease purchase) 302 Stonebrook Place (for sale) 1430 S. Hancock (group home rental) 11 Westover Drive (sold) 1415 S. Hancock (for sale) 110 Thames Drive (under renovation) LIFE SAFETY Inspections JUNE 12 FYTD 12 JUNE 11 FYTD 11 Fire Protection Inspections (new & existing) 29 658 77 849 Fire Code Inspections 145 594 177 1,177 Inspection Deficiencies 16 416 174 1,329 Certificate of Occupancy 3 42 10 64 Office 60 1,005 93.5 1,281.5 Meetings 23 324 40 535 Plan Review 51 523.5 36 471 Training 0 1,030 88 572 Fire Investigations 3 94 33 268 Accidental $2,000.00 $276,910.00 $303,800.00 $445,150.00 Incendiary $0.00.00 $262,050.00 $20.00 $2,605,520.00 Undetermined $0,00.00 $42,300.00 $100.00 $22,700.00 PERMITTING AND LICENSING Permits Issued JUNE 12 FYTD 12 JUNE 11 FYTD 11 Administrative Permit 2 17 2 19 Building Addition/Renovation Permits 35 368 40 497 Building Permits 20 167 25 175 Demolition Permits 5 28 1 39 Fence Permits 15 119 6 100 Fire Prevention Permits 5 70 9 96 Mechanical Permits 62 325 33 311 Plumbing Permits 32 371 20 433 Sign Permits 22 276 29 269 Swimming Pool Permits 5 19 8 14 Business Licenses 1,353 2,847 846 2,616 Merchant Licenses 114 395 97 384 Contractor Licenses 547 1,353 367 1,270 Lodging House Licenses 0 15 0 48 Mobile Homes 210 527 104 352 Public Occupancy 4 148 4 393 Rental Dwelling 60 1,552 34 2,882

BUILDING INSPECTIONS JUNE 12 FYTD 12 JUNE 11 FYTD 11 Building 304 3,638 447 4,422 Plumbing/Mechanical 260 3,920 374 4,528 Certificate of Occupancy 12 127 17 272 DANGEROUS BUILDINGS/DEMOLITION STATUS The following buildings were declared dangerous by City Council: 123 Blue Beach Drive – Bi-weekly inspections occurred in May, property is improving, and pool is in compliance. 14 South Queen Street – Council approved on June 11th to give owner 30 days to demolish the structure 118 N Ann Ave – Council approved on June 11th to give the owner 30 days to demolish the structure. 171 Orchard Avenue – Council approved on June 25th to give owner 30 days to demolish the structure. 488 North East Avenue – Council granted on June 25th to allow the bank an additional 90 days to make repairs to the structure. 827 Townsend Boulevard – The homeowner was granted an additional 30 days to make repairs to the pool from Council on June 25th. During the Month of June staff registered an additional 63 structures as a vacant building bringing the total number of active vacant buildings within the City to 425. Staff also collected in June $6,500.00 in registration fees for a total of $14,750 for 2012. DOWNTOWN DOVER PARTNERSHIP June started off with the Grand Opening of Capital Shoe Repair at 237 W. Loockerman Street on June 1st. June’s “First Friday” featured DJ Alex Vaughan and representatives from the Dover Library who launched the Summer Reading Program. The Design Committee approved a $2,500 facade grant for Zuha Trend located at 207 W. Loockerman Street. Ed Perez attended a USDA Rural Development Training on “New Program/Grant Initiatives” hosted by the Central Delaware Chamber of Commerce. Bill Neaton and Ed Perez are on the Planning Committee for the Kent Economic Summit on September 27, 2012. Ed Perez continues to provide technical and resource development support at the monthly Kent County Open for Business Program. Beverly Jackson worked with Susan Johnston and Gary Knox to finalize the materials for the 2012 Community Art Project which will launch in July. More than 30 artists participated in 2011 and we are expanding the program to include a special category for children under age 12. The content has been finalized for the kiosk panels to be placed in the Bradford Street and Loockerman Way parking lots with the panels being ordered. DDP staff attended the United Way of Delaware’s Annual Celebration of Volunteers. Thirteen prospective businesses received technical assistance in June – seven (7) for business plan development; four (4) for location; and three (3) for loan referrals. Provided continuing technical assistance to eleven (11) downtown merchants. Ed Perez is also working with the planning committee for the Capital Celebration on November 28, 2012. Ed Perez collaborated with Robin Krawitz from Preservation Delaware to design a master work plan for promoting the Delaware Historic Preservation Tax Credit program throughout the state.

ECONOMIC DEVELOPMENT OFFICE Bill Neaton continued to work with Calpine to finalize the terms of their Ground Lease at the Garrison Tract. He is also assisting them with their air permits and emission reduction credits. Bill discussed with Calpine’s potential EPC a ground lease for Lot 6 at the Garrison Tract. Bill Neaton met with Jim Waddington to discuss possible locations for a watch repair business for disabled veterans. Bill Neaton attended a reception at Woodburn with the Governor and Mrs. Markell for Kent County Fund for the Arts. Bill Neaton attended an initial meeting with the Greater Dover Committee personnel, City of Dover staff, and Wells Fargo to discuss the application for a planning grant to improve housing in the downtown area. Bill Nation met with officials from Bayhealth and the Delaware Health Facility Authority to discuss refinancing of Bayhealth’s Revenue Bonds. Measures: 1. Maintain an unemployment rate for the City of Dover that is lower than national and state averages. 2009-2010 Actual 2010-2011 Actual 2011-2012 Projected Results <10% rate in July 2010 <10% unemployment rate in <10% unemployment rate in 9.5% - U.S. Rate July 2011 July 2012 8.5% - DE Rate 9.2 % - U.S. Rate 8.2% - U.S. Rate 9.9% - City of Dover Rate 8.0 % - DE Rate 6.8 % - DE Rate July 2010 – Actual 9.9% - City of Dover Rate 7.9% - City of Dover Rate June 2011 – Actual May 2012 – Actual 2. Monitor number of contacts with small businesses and with out-of-town companies interested in locating in Dover. 2009-2010 Actual 2010-2011 Actual 2011-2012 Projected Results ≥20 contacts with potential ≥20 contacts with potential >20 contacts with potential small businesses; small businesses; small businesses; 11 contacts YTD 12 contacts YTD 10 Contacts YTD ≥15 contacts with out-of- ≥15 contacts with out-of- 11 contacts with out-of- town companies interested town companies interested town companies interested in locating in Dover. in locating in Dover. in locating in Dover 8 contacts YTD 10 contacts YTD 9 Contacts YTD Submitted by: Ann Marie Townshend, AICP Planning & Community Development Director

Date Range: From 06/01/2012 to 06/30/2012 Incident Type Report (Summary) Dover Fire Department Count Pct of Total Est Total Est Incident Type Incidents Loss Loss 1 Fire 111 Building fire 3 3.37% $0 0.00% 113 Cooking fire, confined to container 2 2.25% $0 0.00% 118 Trash or rubbish fire, contained 1 1.12% $0 0.00% 131 Passenger vehicle fire 1 1.12% $0 0.00% 140 Natural vegetation fire, other 2 2.25% $0 0.00% 141 Forest, woods or wildland fire 1 1.12% $0 0.00% 142 Brush or brush-and-grass mixture fire 2 2.25% $0 0.00% 150 Outside rubbish fire, other 1 1.12% $0 0.00% 151 Outside rubbish, trash or waste fire 1 1.12% $0 0.00% Totals 14 15.73% $0 0.00% 2 Overpressure Rupture, Explosion, Overheat(no fire) Totals 0 0.00% $0 0.00% 3 Rescue & Emergency Medical Service Incident 311 Medical assist, assist EMS crew 1 1.12% $0 0.00% 321 EMS call, excluding vehicle accident with injury 1 1.12% $0 0.00% 322 Motor vehicle accident with injuries 1 1.12% $0 0.00% 350 Extrication, rescue, other 1 1.12% $0 0.00% 353 Removal of victim(s) from stalled elevator 1 1.12% $0 0.00% Totals 5 5.62% $0 0.00% 4 Hazardous Condition (No Fire) 400 Hazardous condition, other 1 1.12% $0 0.00% 411 Gasoline or other flammable liquid spill 2 2.25% $0 0.00% Totals 3 3.37% $0 0.00% 5 Service Call 500 Service Call, other 5 5.62% $0 0.00% 510 Person in distress, other 2 2.25% $0 0.00% 531 Smoke or odor removal 2 2.25% $0 0.00% 551 Assist police or other governmental agency 1 1.12% $0 0.00% 561 Unauthorized burning 2 2.25% $0 0.00% 571 Cover assignment, standby, moveup 4 4.49% $0 0.00% Totals 16 17.98% $0 0.00% 6 Good Intent Call 600 Good intent call, other 4 4.49% $0 0.00% 641 Vicinity alarm (incident in other location) 1 1.12% $0 0.00% 671 HazMat release investigation w/no HazMat 2 2.25% $0 0.00% Totals 7 7.87% $0 0.00% 7 False Alarm & False Call 700 False alarm or false call, other 17 19.10% $0 0.00% 710 Malicious, mischievous false call, other 2 2.25% $0 0.00% 715 Local alarm system, malicious false alarm 1 1.12% $0 0.00% 730 System malfunction, other 2 2.25% $0 0.00% 731 Sprinkler activation due to malfunction 1 1.12% $0 0.00% 735 Alarm system sounded due to malfunction 7 7.87% $0 0.00% 740 Unintentional transmission of alarm, other 1 1.12% $0 0.00% 743 Smoke detector activation, no fire - unintentional 5 5.62% $0 0.00% Date: 07/25/2012 Page: 1

Date Range: From 06/01/2012 to 06/30/2012 Incident Type Report (Summary) Dover Fire Department Count Pct of Total Est Total Est Incident Type Incidents Loss Loss 745 Alarm system activation, no fire - unintentional 1 1.12% $0 0.00% Totals 37 41.57% $0 0.00% 8 Severe Weather & Natural Disaster 800 Severe weather or natural disaster, other 7 7.87% $0 0.00% Totals 7 7.87% $0 0.00% 9 Special Incident Type Totals 0 0.00% $0 0.00% Totals 89 $0 Date: 07/25/2012 Page: 2

Date Range: From 06/01/2012 to 06/30/2012 Manpower Hours by Sitation Found Dover Fire Department Num ber of Hours by Situation Found Hazardous Condition (No F Rescue & Emergency Medica Sum of # Attending X Incident Length Overpressure Rupture, Exp 80 Fire 0 Overpressure Rupture, Exp 26 Rescue & Emergency Medica 18 Hazardous Condition (No F 122 Service Call Fire 31 Good Intent Call Service Call 136 False Alarm & False Call 21 Severe Weather & Natural 0 Special Incident Type Special Incident Type Severe Weather & Natural Good Intent Call False Alarm & False Call Date: 07/25/2012 Page: 1

Date Range: From 01/01/2012 to 06/30/2012 Alarms by Month of Year Dover Fire Department 105 98 100 95 89 90 83 80 85 78 80 72 75 70 65 60 55 50 45 40 35 30 25 20 15 10 5 0 Jan-2012 Feb-2012 Mar-2012 Apr-2012 May-2012 Jun-2012 Date: 07/25/2012 Page: 1

Date Range: From 06/01/2012 to 06/30/2012 Incident Run Log Company: All Companies Dover Fire Department Sorted by: Incident Number Date FDID Incident# Alarm ### Address Suite Type 06/01/2012 30046 2012-000413 03:36 910 WHATCOAT DR False alarm or false call, other DFD responded to the above address in reference to an alarm activation. On arrival, crews checked the building and met with negative results. No further action taken. 06/01/2012 30046 2012-000414 12:51 1200 N DUPONT HWY Alarm system sounded due to malfunction CAPTAIN CAREY COMPLETED A WALK THROUGH OF THE BUILDING WITH NEGATIVE RESULTS. CONSTRUCTION WORK IN THE BUILDING WAS BELIEVED TO BE THE CAUSE. THE BUILDING WAS PLACED ON FIRE WATCH AND THE SCENE WAS TURNED OVER TO FM2. 06/01/2012 30046 2012-000415 13:42 1200 N DUPONT HWY Alarm system sounded due to malfunction CAPTAIN CAREY COMPLETED A WALK THROUGH OF THE BUILDING WITH NEGATIVE RESULTS. CONSTRUCTION WORK IN THE BUILDING WAS BELIEVED TO BE THE CAUSE. THE BUILDING WAS PLACED ON FIRE WATCH AND THE SCENE WAS TURNED OVER TO FM2. 06/01/2012 30046 2012-000416 13:48 1131 N DUPONT HWY Medical assist, assist EMS crew ASSIST DOVER DOWNS EMS WITH A SICK PERSON. UNITS MADE CONTACT AND TURNED CARE OVER TO EMS. 06/01/2012 30046 2012-000417 17:19 1131 N DUPONT HWY Service Call, other ASSISTED DOVER DOWNS SECURITY WITH WASHING BLOOD AWAY FROM A MEDICAL SCENE. 06/01/2012 30046 2012-000418 17:31 314 MOCKINGBIRD AVE HazMat release investigation w/no HazMat On arrival resident advised there was strong odor of Propane gas that was in the area but had not dissipated. Crews checked the area with negative results. 06/01/2012 30046 2012-000419 18:32 1300 S FARMVIEW DR B Local alarm system, malicious false alarm Pull station at the front door 06/01/2012 30046 2012-000420 22:56 1441 N DUPONT HWY Alarm system sounded due to malfunction CREWS COMPLETED A WALK THROUGH OF THE BUILDING WITH NEGATIVE RESULTS. WATER LEAKING IN FROM THE ROOF WAS BELIEVED TO BE THE CAUSE. UNITS CLEARED AND THE SCENE WAS TURNED OVER TO FM 1 AND BUILDING MAINTENANCE. 06/02/2012 30046 2012-000421 01:11 110 S NEW ST Good intent call, other Call for a 1st floor smoke detector activation. Upon arrival, crews found the detector activated just inside the front door. Believe the alarm was set off from smoking on the front porch. 06/02/2012 30046 2012-000422 05:19 152 S STATE ST Sprinkler activation due to malfunction On arrival found a water flow alarm in 152 S State Street. Crews checked the building with negetive results. 06/02/2012 30046 2012-000423 21:41 1131 N DUPONT HWY Outside rubbish, trash or waste fire Dispatched to a trash can fire in lot 10 row 1021. Upon arrival, extinguished same 06/02/2012 30046 2012-000424 21:45 1131 N DUPONT HWY Forest, woods or wildland fire Dispatched to a tree on fire in Lot 2. Upon arrival, found a Chinese lantern approx 50' up in a tree. it had been on fire but had since burnt itself out. No actions required 06/03/2012 30046 2012-000425 11:06 1131 N DUPONT HWY EMS call, excluding vehicle accident with injury Dispatched to assist EMS with a subject with SOB. Upon arrival, AC Whitt assisted with pt care and turned over care to ALS 06/03/2012 30046 2012-000426 12:44 1131 N. DUPONT HWY. Brush or brush-and-grass mixture fire Dispatched to a mulch fire at the Rollins Center. While en route, a gator unit went on scene and extinguished the mulch. No services rendered by this department 06/03/2012 30046 2012-000427 22:58 465 COUNTRY DR Smoke detector activation, no fire - unintentional On arrival found a fire extinguisher had been activated in the hallway which activated the fire alarm. Crews checked the building with negetive results. 06/04/2012 30046 2012-000428 13:42 1206 ANDREW DR Trash or rubbish fire, contained Fire in the rear of truck cab. Fire out upon arrival. Resident used small extinguisher. 06/04/2012 30046 2012-000429 21:02 277 N. Dupont Hwy Brush or brush-and-grass mixture fire Dispatched to a small fire behind AC Moore. Upon arrival, found a small area of active fire in the under brush by the "D" side of the complex. Extinguished same. Cleared the scene. User: O'Connor, Jr., Michael 06/04/2012 21:25:50 06/05/2012 30046 2012-000430 04:52 26 N. GOVERNORS Building fire On the above date and time Dover Fire Department was alerted for report of trash on fire at the rear of the residence. E4 went responding under the direction of Capt. Hall . While enroute it was updated that the trash had caught the back door of the residence on fire. E4 used the alley between N. Governors Ave and N New St for access. E4 arrived and found a 2 1/2 story residence with fire at the rear and smoke showing from the first floor. E4 placed an 1 3/4 line into service and crews entered the rear extinguishing a small amount of fire around the door frame as well as the back of the residence inside. L1 arrived and there crew was directed to search the residence as well as the attached residence for occuppants. Primary and Secondary searches were negative and all residents were accounted for. Fire was knocked down in approx 10 min and crews remained on scene for overhaul. Units remained on scene for approx 1 hour and the scene was turned over to FM-1 for investigation. Date: 07/25/2012 Page: 1 Time:14:06

Date FDID Incident# Alarm ### Address Suite Type Units responding were E4, L1, Dover Police, FM-1, FM-4. 06/05/2012 30046 2012-000431 08:06 1202 WHITEOAK RD System malfunction, other Dispatched to above address for a AFA. Upon arrival found a back door to the basement unlocked, made entry and found a subject that was living there. Dover FM2 on scene and turned the subject over to him. Checked first floor and cleared. 06/05/2012 30046 2012-000432 20:34 482 SUNSET DR HazMat release investigation w/no HazMat On arrival the resident at 482 Sunset Drive advised he was standing outside when he noticed a strong odor of Natural gas. Crews checked the area with negetive results. 06/06/2012 30046 2012-000433 09:08 135 QUAIL HOLLOW DR Service Call, other DFD assisted the medics with llifting a 600 pound plus person. 06/06/2012 30046 2012-000434 13:52 411 S QUEEN ST False alarm or false call, other DFD responded to the above address in reference to an alarm activation. Crews checked the building and met with negative results. 06/06/2012 30046 2012-000435 19:56 472 BARRISTER PL Building fire On arrival found fire showing from the charlie side on division 2. Engine 4 took the hydrant in front of the South Little Creek Shoping Center and advanced an 1-3/4 line into the structure. Crew found a second floor rear bed room in volved with extention into the hallway. Crew extinguished same. Ladder 2 performed a search and horizontal ventilation. Engine 7 threw ground ladders and checked for extention to the B and D exposure with Rescue 1's crew. Ladder 1 was assigned the RIT and assisted with salvage and overhaul. Scene turned over to FM-1 and all units cleared. 06/07/2012 30046 2012-000436 08:49 1113 S STATE ST Smoke detector activation, no fire - unintentional On arrival found painters spraying and sanding on the third floor. Smoke detectors where not covered prior to beginning their work. Dover 17 cleared. FM -4 Notified. Alarm was put on test for the rest of the day while contstruction was taking place. 06/07/2012 30046 2012-000437 14:50 89 KINGS HWY Removal of victim(s) from stalled elevator Call for a subject stuck in the elevator with no injuries. Second call reporting subject was out of the elevator. Call was canceled. 06/07/2012 30046 2012-000438 16:37 103 MONT BLANC BLVD Smoke or odor removal Brush 9 responded to the above address in reference to a mulch fire. On arrival, investigation revealed the fire was extinguished. The booster line was placed in service to wet down the area. No further action taken. 06/07/2012 30046 2012-000439 21:26 1200 N DUPONT HWY Alarm system sounded due to malfunction Arrived on scene, DSU PD advised there was a fire alarm activation in the building. DSU PD had walked the buidling with negetive results. DSU reset the alarm and Dover 17 cleared. 06/08/2012 30046 2012-000440 06:03 1200 N DUPONT HWY Alarm system sounded due to malfunction Dust from construction workers re molding the building set off the detectors. Crews completed a walk through of the building and units cleared. The scene was turned over to dsu police. 06/08/2012 30046 2012-000441 12:25 1450 N DUPONT HWY 0587 Unintentional transmission of alarm, other PULL STATION ACTIVATED BY ELDERLY SUBJECT ACCIDENTLY. 06/08/2012 30046 2012-000442 12:55 140 N GOVERNORS BLVD Passenger vehicle fire Dispatched to a vehicle fire at the above location. Upon arrival, found a full size Dodge Ram pick-up with the interior cabin fully involved. Crews placed a 1-3/4" attack line in service and extinguished same. The hood of the vehicle was raised and the battery was secured. Scene was turned over to the home owner, Delaware State Police was made aware of the incident. (Vehicle owner relates that he noticed his truck on fire as he was passing the Safeway/Target shopping center in Dover. He thought he could make it home in time to extinguish the fire with his garden house. Once at his house, he realized he had no water from the hose, 911 was activated. User: O'Connor, Jr., Michael 06/08/2012 14:04:31 06/09/2012 30046 2012-000443 21:06 CEDAR CHASE DR Gasoline or other flammable liquid spill Dispatched to a washdown from a 2 vehicle MVC. Upon arrival A43 on scene doing pt care. Blocked roadway with C2 and B9. Washed down heavy material with water then put down sta-dry. Cleared. 06/10/2012 30046 2012-000444 13:22 725 S QUEEN ST False alarm or false call, other DFD responded for an alarm activation. Crews checked the building and met with negative results. 06/10/2012 30046 2012-000445 13:50 SR 1 NB Motor vehicle accident with injuries Dispatched to a reported serious MVC in the north bound lanes of SR-1, possibly by mile marker 59. Engine for arrived on scene in the south bound lane adjacent to the scene in the north bound lane. Command was established and units were advised the best route of travel would be north bound from the air base main gate. There was a mini-van on it's passenger side on the east side of the roadway. There were multiple patients in various stages on the side of the road. Some walking wounded, some laying supine in the grass. After assessing the situation, a level ! MVC was declared. R-1 arrived on scene and along with E4's crew began to triage patients and treating the priorities first. ALS arrived on scene and was advised they had a possibility of 8 patients. The Fire Chief arrived on scene and secured a LZ for both inbound aviation units. Additional BLS units were requested. ALS completed the triage portion of the incident and determined transport priorities. As patients were packaged and ready, they were placed in the next available BLS unit with no delays in transport. Aviation arrived on scene (both units) and were utilized. All patients were prepped and transported with 30 minutes of the first units arrival. A total of 12 patients were transported from the scene by either ground or aviation units. The scene was placed under control and turned over to the Delaware State Police. The northbound lane of SR-1 was shutdown at Exit 95. All northbound traffic was diverted down Rt 9. User: O'Connor, Jr., Michael 06/10/2012 15:53:37 06/10/2012 30046 2012-000446 17:05 107 N STATE ST False alarm or false call, other DFD responded to the above address in reference to an alarm activation. Crews checked the building and met with negative results. 06/10/2012 30046 2012-000447 17:47 14 FAIR WIND PL Service Call, other Date: 07/25/2012 Page: 2 Time:14:06

Date FDID Incident# Alarm ### Address Suite Type Assist EMS. 06/11/2012 30046 2012-000448 06:21 1180 WALKER RD Cooking fire, confined to container Unattended cooking was the cause of the alarm activation at the above address. Crews completed a walk through and cleared. 06/11/2012 30046 2012-000449 06:31 1200 N DUPONT HWY False alarm or false call, other Construction workers on scene set the alarm off with spary paint.Crews completed a walk through and turned the scene over to DSU police. 06/11/2012 30046 2012-000450 09:09 1200 N DUPONT HWY False alarm or false call, other AFA at Mishoe Tower. Negative results. 06/11/2012 30046 2012-000451 17:19 18 FREEDOM DR Good intent call, other REPORTED AS UNKNOWN ODOR. NOTHING FOUND. 06/12/2012 30046 2012-000452 09:48 430 COLLEGE RD 500 Smoke detector activation, no fire - unintentional Call for a zone 10 general fire alarm. Upon arrival, crews found contractors working in the building, dust set off the detector. DSU security on scene. 06/13/2012 30046 2012-000453 06:29 1133 S LITTLE CREEK RD Person in distress, other DFD responded to the above address in reference to a tree across a trailer. On arrival, crews removed a protion of the tree limb to allow the occupant access/egress from the trailer. The home owner was advised to contact management to have the remaining tree removed. 06/13/2012 30046 2012-000454 07:28 365 N DUPONT HWY Smoke detector activation, no fire - unintentional Pest control on scene. Smoke detector in rear of rest set off 06/14/2012 30046 2012-000455 21:48 26 KENTWOOD DR Hazardous condition, other Crews found a 20lb propane tank connected to a over sized propane tank next to the above address. Crews removed the 20lb tank and advised the home owner of the dangers of his doing. A message was left for staats gas company to come check there tanks in the morning. Neigbhors were advised to contact tbe management of the park in the morning to advise them of this on going problem. 06/14/2012 30046 2012-000456 23:07 101 W LOOCKERMAN ST Person in distress, other R1's crew located a Roxann Edwards 7/3/65 locked in a womans bathroom on the second floor of 101 W Loockerman St. Crew removed the female using a hydro ram. minamal damage was done to door. Writer left a note on the bathroom door to contact Dover Fd when maintenance arrives in the morning. 06/16/2012 30046 2012-000457 05:52 351 LONG ISLAND CT Malicious, mischievous false call, other First floor pull station activation was found by the crews on their walk through of the building. Unknown reason why the alarm was pulled. Units silenced the alarm and cleared. 06/17/2012 30046 2012-000458 20:59 51 WEBBS LN F Cooking fire, confined to container DFD responded to the above address in reference to an alarm activation. On arrival, crews located unattended cooking in apartment F-8. Positive pressure fan was placed in service to remove the smoke. No further action taken. 06/18/2012 30046 2012-000459 10:12 1200 N DUPONT HWY False alarm or false call, other Alarm received at DSU but confirmed contractors activated the alarm. DSU PD on scene and no fire department apparatus responded. 06/20/2012 30046 2012-000460 15:28 95 WOLF CREEK BLVD 2-1 Natural vegetation fire, other Call for mulch on fire in the area of 95 Wolf Creek Blvd. Brush 9 responded and extinguished the same. 06/20/2012 30046 2012-000461 18:15 1110 S. LITTLE CREEK RD. Alarm system sounded due to malfunction On arrival found a AFA malifunction front door pull station. Crews checeked the building with negative results. 06/21/2012 30046 2012-000462 04:02 1200 N DUPONT HWY Good intent call, other FIRE ALARM ACTIVATION/SECURITY ON SCENE ADVISED EVERYTHING WAS UNDER CONTROL. 06/21/2012 30046 2012-000463 14:23 1225 WALKER RD False alarm or false call, other Engine 6 responded to the above location in reference to an alarm activation. Crews checked the building and met with negative results. 06/21/2012 30046 2012-000464 21:39 2070 CRYSTAL RD Cover assignment, standby, moveup DFD responded to 2070 Crystal Road to assist station 51 with a garage fire. Crews assisted with overhaul and then cleared. 06/22/2012 30046 2012-000465 07:18 1 N AMERICAN AVE Outside rubbish fire, other Mulch extinguished by bystanders 06/22/2012 30046 2012-000466 11:16 1200 N DUPONT HWY System malfunction, other Call for a zone 4 general fire alarm at Conrad Hall. Due to the complex being on fire watch, dispatch contacted DSU security and FM4. 06/22/2012 30046 2012-000467 14:14 1 DOVER HALL Smoke or odor removal Brush 9 responded to the above area in reference to a mulch fire. Crews checked the area with negative results. 06/22/2012 30046 2012-000468 21:58 200 E CAMDEN WYOMING AVE Cover assignment, standby, moveup Engine 6 responded to Station 41 for a one piece engine standby. 06/23/2012 30046 2012-000469 10:20 353 N GOVERNORS AVE Smoke detector activation, no fire - unintentional Dispatched to above address for a AFA. Upon arrivl crew from E6 found the alarm had gone off for unattended cooking, no fire. Cleared. 06/23/2012 30046 2012-000470 17:43 200 E CAMDEN WYOMING AVE Cover assignment, standby, moveup Dispatched to above address for a standby. 06/23/2012 30046 2012-000471 23:20 1300 S FARMVIEW DR F Alarm system activation, no fire - unintentional Dispatched to above address for a AFA. Upon arrival found detector outside of apt. F31 had activated. Cleared no one from maintenance on scene, alarm still sounding. 06/24/2012 30046 2012-000472 07:00 1030 FORREST AVE Natural vegetation fire, other Date: 07/25/2012 Page: 3 Time:14:06

Date FDID Incident# Alarm ### Address Suite Type 06/24/2012 30046 2012-000473 18:08 625 NIMITZ RD False alarm or false call, other DFD responded to the above address in reference to an alarm activation. On arrival, the home owner advised there was not a problem. No action taken. 06/25/2012 30046 2012-000474 01:06 800 OTIS DR False alarm or false call, other Alarm system sounded due to a loss of power from the thunderstorm in the area. 06/25/2012 30046 2012-000475 01:26 812 SUNSET TERR Good intent call, other On arrival owner advised they smelled smoke on the second floor after the power went out during the thunderstorm. Residents was checked with negative results. 06/25/2012 30046 2012-000476 12:41 BAY RD Extrication, rescue, other Dispatched to above address for a MVC rollover. While en route DAFB Sta 58 and KM5 was on scene and confirmed no entrapment and under control. Returned all units. 06/25/2012 30046 2012-000477 19:35 768 SLAUGHTER ST Assist police or other governmental agency Rescue 1 responded under direction of writer. Crews assisted ME office and Dover PD with a confirmed DOA. Body was loaded and positive pressure was used on residence to eliminate the odor. Scene turned over to Dover PD . 06/26/2012 30046 2012-000478 07:34 650 S GOVERNORS AVE False alarm or false call, other ALARM WAS SET OFF BY EMPLOYEE ENTERING THE WRONG ENTRY CODE. WRITER COMPLETED A WALK THROUGH OF THE BUILDING AND CLEARED. 06/26/2012 30046 2012-000479 11:28 238 PRESIDENT DR Building fire Engine 6 arrived on scene of a 1 story single family dwelling with a small attic fire. E6's crew found a small attic fire above the light fixture in the kitchen. E6's crew quickly extingushed the fire with a 1 3/4 handline using approxmitly 50 gallons of water. Rde Cross was contacted for the victims and the scene was turned over to FM19. 06/26/2012 30046 2012-000480 12:30 889 S LITTLE CREEK RD Gasoline or other flammable liquid spill Provided five buckets of stay dry for a Dodge pick up leaking fuel in the parking lot. Per the vehicle owner we contacted Pughs towing to have the vehicle taken to Holden Dodge. 06/27/2012 30046 2012-000481 07:50 1110 S. LITTLE CREEK ROAD Alarm system sounded due to malfunction On arrival found a oulll station malifunction at the front door. Crew checked the building negative results. 06/28/2012 30046 2012-000482 12:31 401 FEDERAL ST Service Call, other DFD responded to the above location in reference to a washdown. Crews secured the area and cleared. 06/28/2012 30046 2012-000483 14:56 1564 S STATE ST Unauthorized burning DFD responded to the above area in reference to smoke in the area. Engine 6 arrived and located the issue in the rear of 69 McDaniel Rd. The home owner was burning misc items in a pit . The fire was extinguished and DNREC was notified and responded to the scene. 06/29/2012 30046 2012-000484 00:57 413 COURT ST B False alarm or false call, other DFD responded to the above location in reference to an alarm activation. Crews checked the building and met with negative results. 06/29/2012 30046 2012-000485 10:43 311 MAIN ST Cover assignment, standby, moveup Stand By Station 54. Due to manpower, 54-15 was ok with holding a crew at Dover station 1. Station 54 was on a Haz Mat assist with station 42. 06/29/2012 30046 2012-000486 11:02 204 WESTOVER DR Vicinity alarm (incident in other location) Call for a hallway smoke detector activation. Crews arrived on scene and found unattended cooking. 06/29/2012 30046 2012-000487 18:00 1225 WALKER RD False alarm or false call, other Detector 22 malfunctioned for a unknown reason. Writer completed a walk through of the bulding and cleared. The alarm was silenced prior to our arrival. 06/29/2012 30046 2012-000488 20:26 1061 S LITTLE CREEK RD Unauthorized burning DFD responded to the area of 1061 S. Little Creek Rd in reference to a field fire. Units arrived and observed a small area that had burned but was extinguished. No action taken. 06/29/2012 30046 2012-000489 23:02 97 COMMERCE WAY 101 False alarm or false call, other DFD responded to the above location in reference to an alarm activation. On arrival, contacted a subject on scene who was cleaning. She advised as she was cleaning, a picture fell from the wall and struck a pull station. No action taken. 06/29/2012 30046 2012-000490 23:22 202 AMERICAN AVE. Service Call, other Engine 6 responded to the above location in reference to an elderly subject needing assistance with her alarm system. Crew from E6 removed the smoke detector and advised the home owner to purchase a new detector. No further action taken. 06/30/2012 30046 2012-000491 00:39 974 ROSE VALLEY SCHOOL ROAD Severe weather or natural disaster, other DFD responded to the above area in reference to trees and wires down due to a recent storm. Engine 2 arrived and secured the area, awaiting electric department. No further action taken 06/30/2012 30046 2012-000492 00:54 839 TOWNSEND BLVD Severe weather or natural disaster, other DFD responded to the above location in reference to a electrical hazard. Engine 6 arrived and located a tree that fell into the power lines causing sparks. City electric responded and secured the problem. 06/30/2012 30046 2012-000493 00:56 20 N KIRKWOOD ST Severe weather or natural disaster, other DFD responded to the above location in reference to a tree into the residence. Engine 7 arrived and located a large tree on the ground next to the residence. Engine 7 officer advised a portion of the tree struck the residence but the main portion fell into the street. No action taken. 06/30/2012 30046 2012-000494 01:09 1558 FORREST AVE Severe weather or natural disaster, other DFD responded to the above area in reference to wires down due to a recent storm. Crews determined same to be telephone lines and cleared. Date: 07/25/2012 Page: 4 Time:14:06

Date FDID Incident# Alarm ### Address Suite Type 06/30/2012 30046 2012-000495 01:12 768 MILLER DR Severe weather or natural disaster, other Incident was related to 839 Townsend Blvd, #492. 06/30/2012 30046 2012-000496 01:17 100 WASHINGTON ST False alarm or false call, other Engine 6 responded to the above location in reference to an alarm activation. Crews checked the building and met with negative results. The alarm panel displayed trouble. No further action taken. 06/30/2012 30046 2012-000497 01:24 65 WASHINGTON ST Severe weather or natural disaster, other Engine 6 located a tree into a vacant residence. Public works was notified, no further action taken. 06/30/2012 30046 2012-000498 02:10 1572 N DUPONT HWY False alarm or false call, other Engine 6 responded to the above address in reference to an alarm activation. Crews checked the building and met with negative results. 06/30/2012 30046 2012-000499 04:24 1014 ROSE VALLEY SCHOOL RD Severe weather or natural disaster, other Electrical wires in the roadway from a tree knocking them down. The roadway was shut down and the scene was turned over to del dot. 06/30/2012 30046 2012-000500 15:10 103 MONT BLANC BLVD Malicious, mischievous false call, other DFD responded to the above location in reference to an alarm activation. On arrival, crews determined that a subject on scene had set off the system without notification. No further action taken. 06/30/2012 30046 2012-000501 23:46 288 TRAFALGAR DR False alarm or false call, other DFD responded to the above address in reference to an alarm activation. Crews checked the residence and met with negative results. Total Incidents: 89

FY 11-12 City Funded Account Balance Sheet ACCOUNT BUDGET SPENT BALANCE Apparatus Repairs & Maintenance $ 62,000.00 $ 62,000.00 $ - Gasoline $ 19,050.00 $ 19,050.00 $ - Medical Supplies $ 700.00 $ 679.07 $ 20.93 Other Equipment Repairs $ 3,000.00 $ 3,000.00 $ - Program Expenses $ 36,630.00 $ 36,517.13 $ 112.87 Radio Repairs $ 2,000.00 $ 2,000.00 $ - Safety & Security $ 2,150.00 $ 2,123.95 $ 26.05 Small Tools $ 4,800.00 $ 4,800.00 $ - Uniforms & Firefighting Gear $ 26,100.00 $ 26,100.00 $ - Building Expenses- Electricity $ 51,820.00 $ 51,495.64 $ 324.36 Building Maintenance Supplies $ 1,650.00 $ 1,619.58 $ 30.42 Heating Expenses- Gas $ 20,000.00 $ 20,000.00 $ - Telephone $ 20,340.00 $ 20,340.00 $ - Water & Sewer $ 3,150.00 $ 3,148.77 $ 1.23 Contractual Services $ 16,587.00 $ 16,587.00 $ - Training & Travel $ 8,815.00 $ 8,815.00 $ - Office Supplies $ 2,500.00 $2,485.38 $ 14.62 Balance as of: 07/28/12 $ 530.48 *We have a pending electric bill for June of $3,657.73 which will leave us with an overage of $3,127.25

2:18 PM Robbins Hose Company # 1, Inc. 07/28/12 Accrual Basis Profit & Loss Detail June 2012 Type Date Num Name Memo Clr Split Amount Balance Ordinary Income/Expense Expense Apparatus Repairs & Maintenance Check 06/12/2012 658 Airpower International Hydro 6 Storage Cylinders City Fund Account 1,722.80 1,722.80 Check 06/12/2012 659 Atlantic Emergency Solutions Invoice- MOR2305MOP City Fund Account 298.31 2,021.11 Check 06/12/2012 666 Diamond State Ambulance, Inc. Whelen Lights for Command Vehicle City Fund Account 156.00 2,177.11 Check 06/23/2012 677 Atlantic Emergency Solutions Kassmaul Battery Charger- Brush 9 City Fund Account 1,206.33 3,383.44 Check 06/30/2012 680 Atlantic Emergency Solutions MOR2130MOP- Eng 4 City Fund Account 457.09 3,840.53 Check 06/30/2012 680 Atlantic Emergency Solutions MOR2271MOP- Eng 2 City Fund Account 121.55 3,962.08 Check 06/30/2012 680 Atlantic Emergency Solutions MOR1673MOP- Eng 2 City Fund Account 125.00 4,087.08 Check 06/30/2012 683 Delaware Tire Invoice # 213023- Flat Tire Repair-Command Veh City Fund Account 28.00 4,115.08 Total Apparatus Repairs & Maintenance 4,115.08 4,115.08 Building Maintenance Supplies Check 06/30/2012 682 City of Dover 10 Bags of Stay Dry City Fund Account 67.30 67.30 Check 06/30/2012 693 City of Dover Utility Acct # 44255-31966 City Fund Account 785.80 853.10 Total Building Maintenance Supplies 853.10 853.10 Contractual Services Check 06/17/2012 673 Robbins Hose Company Fleet Insurance City Fund Account 16,587.00 16,587.00 Total Contractual Services 16,587.00 16,587.00 Electricity Check 06/12/2012 663 City of Dover Utility Acct # 44255-31966 City Fund Account 616.20 616.20 Check 06/12/2012 664 City of Dover Utility Acct # 44343-32052 City Fund Account 3,137.39 3,753.59 Check 06/23/2012 675 City of Dover Diesel- May City Fund Account 1,096.40 4,849.99 Check 06/23/2012 675 City of Dover Diesel- April City Fund Account 1,026.72 5,876.71 Check 06/23/2012 675 City of Dover Invoice # 6284 City Fund Account 245.12 6,121.83 Check 06/30/2012 679 Atlantic Emergency Solutions Repairs to Eng 4 City Fund Account 1,104.41 7,226.24 Total Electricity 7,226.24 7,226.24 Gasoline Check 06/17/2012 674 Witmer Public Safety Invoice # 1385817 City Fund Account 1,000.00 1,000.00 Check 06/23/2012 675 City of Dover Unleaded- May City Fund Account 109.43 1,109.43 Check 06/23/2012 675 City of Dover Unleaded- April City Fund Account 536.36 1,645.79 Total Gasoline 1,645.79 1,645.79 Heating Expenses- Gas Check 06/12/2012 660 Chesapeake Utilities Sta 2- 04/15 to 05/25 City Fund Account 89.12 89.12 Check 06/12/2012 661 Chesapeake Utilities Sta 1- 05/03 to 06/05 City Fund Account 157.96 247.08 Check 06/17/2012 674 Witmer Public Safety Acct # DOVFIR4 City Fund Account 5,440.28 5,687.36 Check 06/30/2012 681 Chesapeake Utilities Station 2- 05/25 to 06/26 City Fund Account 51.69 5,739.05 Check 06/30/2012 689 ESI Equipment, Inc. CORE 4020UL 5" Cutter City Fund Account 3,056.45 8,795.50 Total Heating Expenses- Gas 8,795.50 8,795.50 Meidcal Supplies & Physicals Check 06/30/2012 690 Magnum Invoice # 33197 City Fund Account 495.00 495.00 Check 06/30/2012 690 Magnum Invoice # 33283 City Fund Account 98.00 593.00 Check 06/30/2012 692 Chesapeake Utilities Station 1- 06/05 to 07/05 City Fund Account 86.07 679.07 Total Meidcal Supplies & Physicals 679.07 679.07 Office Supplies Check 06/12/2012 662 City of Dover Invoice- 6216 City Fund Account 60.62 60.62 Check 06/12/2012 668 Firs State Map 2 Kent County Street Maps City Fund Account 37.98 98.60 Check 06/23/2012 675 City of Dover Postage- April & May City Fund Account 66.60 165.20 Check 06/23/2012 678 Staples Monthly Statement City Fund Account 409.47 574.67 Check 06/30/2012 684 Priority Dispatch Corporation Invoice # 77143- Annual Renewal for card sets City Fund Account 118.50 693.17 Check 06/30/2012 693 City of Dover Utility Acct # 44341-32050 City Fund Account 2.50 695.67 Page 1 of 3

2:18 PM Robbins Hose Company # 1, Inc. 07/28/12 Accrual Basis Profit & Loss Detail June 2012 Type Date Num Name Memo Clr Split Amount Balance Check 06/30/2012 693 City of Dover Utility Acct # 44253-31964 City Fund Account 38.66 734.33 Total Office Supplies 734.33 734.33 Other Equipment Repairs Check 06/12/2012 665 Delaware Fire & Safety Equipment Co. Dry Chem refills City Fund Account 230.00 230.00 Total Other Equipment Repairs 230.00 230.00 Program Expenses Check 06/23/2012 676 Fail Safe Testing Invoice # 5425 City Fund Account 4,812.50 4,812.50 Check 06/30/2012 680 Atlantic Emergency Solutions MOR2446MOP- Eng 6 City Fund Account 233.75 5,046.25 Check 06/30/2012 680 Atlantic Emergency Solutions MOR2450MOP- Eng 6 City Fund Account 601.59 5,647.84 Check 06/30/2012 680 Atlantic Emergency Solutions MOR1945MOP- Eng 2 City Fund Account 605.29 6,253.13 Check 06/30/2012 694 Delaware Tire Ref- 102-213023 City Fund Account 28.00 6,281.13 Check 06/30/2012 695 Kunkel Auto Supply Invoice # 056488694- Hyper Wash City Fund Account 109.22 6,390.35 Check 06/30/2012 695 Kunkel Auto Supply Invoice # 056490830- Wash Brush City Fund Account 65.97 6,456.32 Check 06/30/2012 696 M&T Bank Car 15 Oil Change City Fund Account 39.95 6,496.27 Total Program Expenses 6,496.27 6,496.27 Radio Repairs Check 06/30/2012 688 ESI Equipment, Inc. Holmatro Tool Mounting- Rescue 1 City Fund Account 1,347.73 1,347.73 Total Radio Repairs 1,347.73 1,347.73 Safety & Security Material Check 06/30/2012 688 ESI Equipment, Inc. Holmatro Tool Mounting- Rescue 1 City Fund Account 4.32 4.32 Check 06/30/2012 691 Motorola Acct # 1036088583 0001 City Fund Account 14.25 18.57 Total Safety & Security Material 18.57 18.57 Telephone Check 06/12/2012 669 Verizon Wireless Wireless Charges- 04/21 to 05/20 City Fund Account 83.79 83.79 Check 06/23/2012 675 City of Dover Verizon- May City Fund Account 261.89 345.68 Check 06/23/2012 675 City of Dover Cavalier- May City Fund Account 18.50 364.18 Check 06/23/2012 675 City of Dover Verizon- April City Fund Account 264.89 629.07 Check 06/23/2012 675 City of Dover Cavalier- April City Fund Account 17.65 646.72 Check 06/30/2012 686 Verizon Wireless Invoice # 6750014528-May 21 to Jun 20 City Fund Account 83.72 730.44 Check 06/30/2012 687 Atlantic Emergency Solutions Invoice # MOR2501MOP City Fund Account 11,164.31 11,894.75 Check 06/30/2012 688 ESI Equipment, Inc. Holmatro Tool Mounting- Rescue 1 City Fund Account 2,641.95 14,536.70 Total Telephone 14,536.70 14,536.70 Training & Travel Expenses Check 06/15/2012 671 Delaware State Fire School Inv- 12-2479 City Fund Account 168.00 168.00 Check 06/15/2012 671 Delaware State Fire School Inv- 12-2480 City Fund Account 245.00 413.00 Check 06/15/2012 671 Delaware State Fire School Inv- 12-2761 City Fund Account 810.00 1,223.00 Check 06/15/2012 671 Delaware State Fire School Inv- 12-2762 City Fund Account 66.00 1,289.00 Check 06/15/2012 671 Delaware State Fire School Inv- 12-2882 City Fund Account 100.00 1,389.00 Check 06/15/2012 671 Delaware State Fire School Inv- 12-2883 City Fund Account 200.00 1,589.00 Check 06/15/2012 672 Delaware State Fire School Inv- 12-2392 City Fund Account 132.00 1,721.00 Check 06/15/2012 672 Delaware State Fire School Inv- 12-2393 City Fund Account 132.00 1,853.00 Check 06/15/2012 672 Delaware State Fire School Inv- 12-2394 City Fund Account 100.00 1,953.00 Check 06/15/2012 672 Delaware State Fire School Inv- 12-2599 City Fund Account 20.00 1,973.00 Check 06/15/2012 672 Delaware State Fire School Inv- 12-2662 City Fund Account 25.00 1,998.00 Check 06/30/2012 691 Motorola Invoice # 41168022 City Fund Account 1,203.00 3,201.00 Total Training & Travel Expenses 3,201.00 3,201.00 Uniforms Check 06/12/2012 667 DP Fire Shelby Gloves City Fund Account 59.00 59.00 Deposit 06/15/2012 3635 ReImbursement from Greg Parsell-Safety Shoes City Fund Account -119.95 -60.95 Deposit 06/15/2012 Chris Jacobs Safety Shoes Reimbursement City Fund Account -200.00 -260.95 Check 06/15/2012 670 Charles Boyer Invoice # 219123 City Fund Account 674.82 413.87 Page 2 of 3

2:18 PM Robbins Hose Company # 1, Inc. 07/28/12 Accrual Basis Profit & Loss Detail June 2012 Type Date Num Name Memo Clr Split Amount Balance Check 06/15/2012 670 Charles Boyer Invoice # 219120 City Fund Account 172.80 586.67 Check 06/30/2012 679 Atlantic Emergency Solutions Invoice # MOR2449MOP City Fund Account 2,594.92 3,181.59 Check 06/30/2012 685 Signature Stitches Dispatcher's Uniforms City Fund Account 315.00 3,496.59 Total Uniforms 3,496.59 3,496.59 Water/Sewer Check 06/12/2012 663 City of Dover Utility Act # 44253-31964 City Fund Account 47.70 47.70 Check 06/12/2012 664 City of Dover Utility Acct # 44345-32054 City Fund Account 61.25 108.95 Check 06/12/2012 664 City of Dover Utility Acct # 44341-32050 City Fund Account 11.54 120.49 Check 06/30/2012 689 ESI Equipment, Inc. Invoice # 12-1018 City Fund Account 1,833.55 1,954.04 Check 06/30/2012 693 City of Dover Utility Acct # 44345-32054 City Fund Account 76.25 2,030.29 Total Water/Sewer 2,030.29 2,030.29 Total Expense 71,993.26 71,993.26 Net Ordinary Income -71,993.26 -71,993.26 Net Income -71,993.26 -71,993.26 Page 3 of 3

1 of 5 City of Dover Capital Investment Plan Project Tracking Report June 30, 2012 Preliminary Points to Remember - * Original Project Budget = Original Total Project Budget initially included in approved annual budget. * Latest Project Budget = Revised Total Project Budget included in most recent approved annual budget or one of the following: bond resolution, revolving fund loan agreement, Council approved budget amendment, or City Manager approved amendment as per the Budget Amendment Procedure. * Current Fiscal Year - Revised Fiscal Year Budget = Current Year approved project budgets plus carry forward balances of unspent budgets in the prior fiscal year. Project Carry Forward balances will be submitted to City Council for amendment in January 2010. Can also be amended with City Manager approval per the Budget Amendment Procedure. * Water Quality, Inflow/Infiltration, Distribution Upgrades and New Development projects are budgeted as a blanket project and once individual projects are identified and estimated they are created using an allocation of the overall budgeted amount. * Status and Comments provided by City Manager. * For Finance purposes projects are considered completed when placed in service and all charges have been processed. Community Water & Total Current Year Budget Funding Sources General Transportation Wastewater Electric CIP Budget Balance $ 78,000 $ 118,588 $ 430,591 $ 360,333 $ 987,512 Library Funding - FY11 Budget Balance 100,962 - - 87,045 188,007 Federal and/or State Grants 6,894,861 - - - 6,894,861 Transfer from Library Foundation 1,455,500 - - - 1,455,500 Friends of the Library Donation 210,000 - - - 210,000 Kent County Library Contribution 1,000,000 - - - 1,000,000 Library Reserve 2,590,784 - - - 2,590,784 Construction Loan 1,500,000 - - - 1,500,000 Community Transportation Fund - FY11 Balances - 316,612 - - 316,612 Revolving Fund Loans - - 4,309,821 - 4,309,821 Transfer from Capital Reserves - - - 370,730 370,730 Impact Fees - - 867,032 - 867,032 State Community Transportation Funds - 297,700 - - 297,700 Transfer Loan Proceeds to CT Fund - Streets - - - - - Transfer from Operating Funds 770,600 - 1,750,000 3,500,000 6,020,600 Interest Earned 10,900 2,800 - 38,400 52,100 Total Funding Sources (Unaudited) $ 14,611,607 $ 735,700 $ 7,357,444 $ 4,356,508 $ 27,061,259

City of Dover General Fund - Major CIP Projects 2 of 5 June 30, 2012 Preliminary Hide TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project Current Revised Fiscal Project Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD % Budget Code Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments 1 FY2009 Bid Pack A - Done. 2 LB0901 M/G New Library Project $ 18,200,000 $ 20,469,080 $ 15,511,425 $ 4,957,655 75.8% $ 11,195,009 $ 13,767,100 $ 11,341,235 82.4% Started Bid Pack B - 40% Complete/Construction 3 Totals - FY09 $ 18,200,000 $ 20,469,080 $ 15,511,425 $ 4,957,655 75.8% $ 11,195,009 $ 13,767,100 $ 11,341,235 82.4% 4 5 FY2012 6 --- Ann FD Truck Payment $ 244,820 $ 257,720 $ 258,456 $ (736) 100.3% $ 244,820 $ 257,720 $ 258,456 100.3% Sweeper received February 2012; 7 --- Vehicles & Equipment 377,927 365,027 361,992 3,035 99.2% 377,927 365,027 361,992 99.2% 99% Sanitation Bulk Truck due in April 2012 Roof Replacement @ 8 PR1201 Dover Park 30,000 30,000 - 30,000 0.0% 30,000 30,000 - 0.0% Deferred. Concrete work complete on Independence Boulevard and Hazel Road. Site work initiated on North Street Roudabout. Wesley State Street entrance 9 CT Fund B/L Streets & Alleys Program 1,000,000 131,760 132,130 (370) 100.3% 1,000,000 131,760 132,130 100.3% 35% complete. 10 ST1202 Concrete Program 30,000 30,000 29,617 383 98.7% 30,000 30,000 29,617 98.7% 0% Bids distributed and returned in March Streets Dump Truck 11 ST1203 Refurbishment 30,000 30,000 12,021 17,979 40.1% 30,000 30,000 12,021 40.1% 33% One Dump Truck refurbished out of three. 12 City Hall Sprinkler System - - - - 0.0% - - - 0.0% 13 Totals - FY12 $ 1,712,747 $ 844,507 $ 794,216 $ 50,291 94.0% $ 1,712,747 $ 844,507 $ 794,216 94.0% 14 15 Grand Totals $ 19,912,747 $ 21,313,587 $ 16,305,640 $ 5,007,947 76.5% $ 12,907,756 $ 14,611,607 $ 12,135,450 83.1% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is re-budgeted to start over each fiscal year. G = Grant funded project B/L = To be financed through bonds or commercial loan; Projects will be completed through CT Fund, therefore the loan proceeds will be transferred from Capital Fund into the Community Transportation Fund

City of Dover Community Transportation & General Fund Street Funds - Major CIP Projects 3 of 5 June 30, 2012 Preliminary Hide TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project Current Revised Fiscal Project Project Project To Date Budget % Budget Fiscal Yr. Fiscal Yr. YTD % Budget Code Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments 1 FY 2007 2 CT0708 M E. Water Street Brick $ 65,000 $ 65,000 $ - $ 65,000 0.0% $ - $ - $ - 0.0% Specialty contract needed. 3 Totals $ 65,000 $ 65,000 $ - $ 65,000 0.0% $ - $ - $ - 0.0% 4 5 FY 2009 6 CT0977 M Schutte Parking Lot $ 21,950 $ 21,950 $ - $ 21,950 0.0% $ - $ - $ - 0.0% Deferred 7 CT1165 M Rte. 13,N. State -Kings Hwy 591,662 591,662 - 591,662 0.0% - - - 0.0% CT1162 M Library Access Road - 68,000 68,000 - 0.0% - 68,000 68,000 100.0% State paid for whole paving proj 8 Totals $ 613,612 $ 681,612 $ 68,000 $ 613,612 10.0% $ - $ 68,000 $ 68,000 100.0% 9 10 FY2012 Concrete work on Independence 11 CT M Street Projects - State Funds $ 950,000 $ 800,000 $ 130,919 $ 669,081 16.4% $ 950,000 $ 197,779 $ 130,919 66.2% 35% Boulevard complete. Concrete work on Hazel 12 Various B/L Street Projects - General Fund 350,000 1,750,000 25,206 1,724,794 1.4% 350,000 455,560 25,206 5.5% 35% complete. 13 CT1201 M North Street Roundabout - 500,000 - 500,000 0.0% - - - 0.0% 35% Site work initiated. 14 TE1201 M Lincoln Park Center 900,000 900,000 19,358 880,642 0.0% 900,000 14,361 19,358 134.8% Started 15 Totals $ 2,200,000 $ 3,950,000 $ 175,482 $ 3,774,518 4.4% $ 2,200,000 $ 667,700 $ 175,482 8.0% 16 17 Grand Totals $ 2,878,612 $ 4,696,612 $ 243,482 $ 4,453,130 5.2% $ 2,200,000 $ 735,700 $ 243,482 11.1% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is re-budgeted to start over each fiscal year. C = Project funded by combination of CT Funds and General Fund B/L = To be financed through bonds or commercial loan; Projects will be completed through CT Fund, therefore the loan proceeds will be transferred from Capital Fund into the Community Transportation Fund;

City of Dover Water/Wastewater Improvement & Extension Fund - Major CIP Projects 4 of 5 June 30, 2012 Preliminary TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project % Approved Revised Fiscal % Status / Project Project Project To Date Budget Budget Fiscal Yr. Fiscal Yr. YTD Budget % Code Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Complete Comments 1 FY 2008 Option to purchase land agreement 2 WD0804 M 1.0 MG Elevated Water Storage $ 4,196,600 $ 2,590,000 $ 31,861 $ 2,558,139 1.2% $ - $ 178,916 $ 10,777 6.0% Started under review 3 WD0805 M Piney Point Well 398,800 665,000 71,643 593,357 10.8% - 62,319 3,961 6.4% Started DNREC permitting ongoing US 13 East Sanitary Sewer 4 WW0810 M/SL Interceptor 2,376,800 3,022,562 3,232,228 (209,666) 106.9% - 295,722 286,629 96.9% 100.0% Complete 5 Totals - FY08 $ 6,972,200 $ 6,277,562 $ 3,335,732 $ 2,941,830 53.1% $ - $ 536,957 $ 301,367 56.1% 6 7 FY2009 8 WQ0905 M/SL Bayard Avenue $ 590,910 $ 490,910 $ 541,181 $ (50,271) 110.2% $ - $ 259,121 $ 254,391 98.2% 98.0% Final connection scheduled for May. Constr complete; retainage/change 9 WQ0907 M/SL Route 13 Water Main 1,058,700 2,282,682 2,058,327 224,355 90.2% - 1,899,872 1,645,516 86.6% 99.0% orders pending. 10 Totals - FY09 $ 1,649,610 $ 2,773,592 $ 2,599,507 $ 174,085 93.7% $ - $ 2,158,993 $ 1,899,907 88.0% 11 12 FY2010 13 WW1001 M/SL Inflow/Infiltration Removal $ 1,800,000 $ 2,122,536 $ 1,761,684 $ 360,852 83.0% $ 1,800,000 $ 766,201 $ 404,128 52.7% 100.0% Complete Pump station delivered; installation 14 WW1007 M/SL Fox Hall Pump Station 427,900 392,044 263,970 128,074 67.3% - 360,687 213,757 59.3% 70.0% underway. Construction complete; closeout 15 WW1008 M/SL Heatherfield F/M Rerouting 220,400 324,916 210,351 114,565 64.7% - 237,506 161,656 68.1% 99.0% documents pending. 16 WW1010 I Tar Ditch Interceptor Upgrade 518,230 518,230 28,014 490,216 5.4% - 495,359 5,143 1.0% Started Easement request sent to residents 17 Totals - FY10 $ 2,966,530 $ 3,357,726 $ 2,264,019 $ 1,093,707 67.4% $ 1,800,000 $ 1,859,753 $ 784,684 42.2% 18 19 FY2011 20 WQ1103 WQI - Ross Street - 71,840 - 71,840 0.0% 71,840 - - 0.0% --- Canceled Design and construction work 21 WW1101 M/SL Inflow/Infiltration Removal 500,000 500,000 451,249 48,751 90.2% - 457,601 408,849 89.3% 100.0% complete; final bills pending. 22 WW1104 SL Lepore Road P/S Replacement 52,000 402,000 73,386 328,614 18.3% 350,000 365,000 17,850 4.9% Started Out to bid, due May 22 23 Totals - FY11 $ 552,000 $ 973,840 $ 524,635 $ 449,205 53.9% $ 421,840 $ 822,601 $ 426,699 51.9% 24 25 FY2012 All four vehicles received and 26 --- Vehicles & Equipment $ 115,000 $ 115,000 $ 110,514 $ 4,486 96.1% $ 115,000 $ 115,000 $ 110,514 96.1% 100.0% processed by the end of January. 27 WD1201 Pay-As-You-Go Water Station 30,240 30,240 - 30,240 0.0% 30,240 30,240 - 0.0% Started Specs being developed 28 WD1202 R Misc. Distribution Upgrades 60,000 60,000 39,772 20,228 66.3% 60,000 60,000 39,772 66.3% 25.0% Misc. repairs or emergencies Deep Well #1 and #9 complete; Well 29 WD1203 R Wellhead Redevelopment Program 65,000 65,000 55,135 9,866 84.8% 65,000 65,000 55,135 84.8% 50.0% #10 rehab. 30 WD1204 R Emergency Generators 80,000 80,000 - 80,000 0.0% 80,000 - - 0.0% Grant dependent 31 WQ1201 WQI - Wesley Campus 51,200 51,200 96,862.50 (45,663) 189.2% 51,200 106,200 96,863 91.2% Started Project to start April 9, 2012. Initial design complete; under staff 32 WQ1202 WQI - New Street 97,120 97,120 25,750.00 71,370 26.5% 97,120 113,960 25,750 22.6% Started review. Rodney Road complete. Pennsylvania Avenue started. Madison and American Avenues 33 WQ1203 WQI - Silver Lake 279,840 279,840 188,998.01 90,842 67.5% 279,840 279,840 188,998 67.5% 40.0% pending. Design somplete. Bid package ready 34 WW1201 M/SL Inflow/Infiltration Removal 1,000,000 1,000,000 52,113 947,887 5.2% 1,000,000 971,900 52,113 5.4% Started for April bid. 35 WW1202 R SCADA Equipment Replacement 84,900 84,900 76,784 8,116 90.4% 84,900 84,900 76,784 90.4% 100.0% Complete 36 WW1203 R Misc. Sewer System Improve 37,000 37,000 50,015 (13,015) 135.2% 37,000 50,100 50,015 99.8% 50.0% Misc. repairs or emergencies BALTRAY PS not WIL. UNIV. Initial 37 WW1204 M Wilmington College Pump Station 25,000 25,000 20,581 4,419 82.3% 25,000 25,000 20,581 82.3% 60.0% design complete; staff reviewing. 38 WW1205 M Dover Brook Gardens P/S Replace 15,000 15,000 9,852.22 5,148 65.7% 15,000 15,000 9,852 65.7% 60.0% Initial design complete; staff review. 39 WW1206 M Brandywine Pump Station Replace 52,000 52,000 33,582.07 18,418 64.6% 52,000 52,000 33,582 64.6% 60.0% Initial design complete; staff review. McKee Rd Pump Station Initial design complete; staff review 40 WW1207 M Communator Replacement 10,000 10,000 7,431.25 2,569 74.3% 10,000 10,000 7,431 74.3% 60.0% 41 $ 2,002,300 $ 2,002,300 $ 767,389.36 $ 1,234,911 0.0% $ 2,002,300 $ 1,979,140 $ 767,389 38.8% 42 43 Grand Totals $ 14,142,640 $ 15,385,020 $ 9,491,283 $ 5,893,737 61.7% $ 4,224,140 $ 7,357,444 $ 4,180,047 56.8% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is re-budgeted to start over each fiscal year. SL = State Loan Project - construction phase is financed I = Impact Fee (partially) financed project

City of Dover 5 of 5 Electric Improvement & Extension Fund - Major CIP Projects June 30, 2012 Preliminary TOTAL PROJECT - PAST, CURRENT & FUTURE BUDGETS CURRENT FISCAL YEAR Original Latest Project Project % Current Revised Fiscal % Project Project Project To Date Budget Budget Fiscal Yr. Fiscal Yr. YTD Budget Code Type Description Budget Budget Expenses Balance Spent Budget Budget Expenses Spent Status Comments 1 FY2011 2 EG1102 M Units 1 & 2 Cooling Tower 372,400 199,140 134,538 64,602 67.6% 25,410 2,410 400 16.6% Work deferred to 2012 Work suspended, awaiting 3 EG1107 M Units 1 & 2 Life Extension 802,000 409,000 313,468 95,532 76.6% 184,000 121,331 100,799 83.1% In process decision on units 1&2 operation 4 EG1112 M Unit 3 Heat Expansion Joint - 150,000 143,508 6,492 95.7% 70,000 82,807 76,315 92.2% Complete 5 EG1113 Units 1 & 2 Control Modifications - 150,000 141,033 8,967 94.0% - 25,700 16,732 65.1% In process Complete w/Spring outage 6 EG1114 Unit 3 Gas Line Modification - 60,000 39,516 20,484 65.9% - 20,207 15,723 77.8% Complete 7 $ 1,174,400 $ 968,140 $ 772,063 $ 196,077 79.7% $ 279,410 $ 252,455 $ 209,970 83.2% 8 9 FY2012 10 --- Vehicles & Equipment $ 168,828 $ 168,828 $ 134,670 $ 34,158 79.8% $ 168,778 $ 168,778 $ 134,670 79.8% All vehicles received 11 EE1201 Substation PT & CT Replacement 267,715 267,715 228,728 38,987 85.4% 267,715 267,715 228,728 85.4% In process 75% materials received 12 EE1202 R Lighting Project & Rehabilitation 50,000 50,000 49,832 168 99.7% 50,000 50,000 49,832 99.7% Complete 13 EE1203 R Equipment Replacement 40,000 40,000 10,525 29,475 26.3% 40,000 40,000 10,525 26.3% In process Equipment ordered 14 EE1204 Generator Replacement 50,000 50,000 30,961 19,039 61.9% 50,000 50,000 30,961 61.9% Complete 15 EE1205 M Frazier Substation Upgrade 765,247 155,000 153,359 1,641 98.9% 155,000 155,000 153,359 98.9% In process Materials ordered 16 EE1206 R Disb. Feeder Replacement 377,510 303,060 263,483 39,577 86.9% 377,510 303,060 263,483 86.9% In process On-going 17 EE1207 R Disb. Capacitors & Controls 100,000 100,000 72,644 27,356 72.6% 100,000 100,000 72,644 72.6% In process Materials ordered 18 EE1208 R Transmission Line Maintenance 75,000 75,000 75,002 (2) 100.0% 75,000 75,000 75,002 100.0% Started Materials ordered Scada Master Hardware 19 EE1209 Replacement 75,000 75,000 73,845 1,155 98.5% 75,000 75,000 73,845 98.5% Started Materials ordered 20 EE1210 Substation Battery - 24,500 24,686 (186) 100.8% 24,500 24,500 24,686 100.8% In process 60% materials received 21 EE1212 R UG Transformers 70,536 91,461 90,218 1,243 98.6% 70,536 91,461 90,218 98.6% In process On-going 22 EE1212 R UG Conductors 479,464 458,539 313,000 145,539 68.3% 479,464 458,539 313,000 68.3% In process On-going 23 EE1212 R Meters 50,000 50,000 26,588 23,412 53.2% 50,000 50,000 26,588 53.2% In process On-going 24 EG1201 Unit 3 Boiler Air Heater 440,000 395,000 368,760 26,240 93.4% 440,000 395,000 368,760 93.4% In process Will complete Spring outage; 25 EG1202 M Unit 3 Boiler Systems 390,000 121,000 82,652 38,348 68.3% 130,000 121,000 82,652 68.3% In process Will complete Spring outage; Unit 3 FD & ID Fan Control Damper 26 EG1203 Upgrade 92,000 81,000 71,134 9,866 87.8% 92,000 81,000 71,134 87.8% In process Will complete Spring outage; Unit 3 DCS Computers & Software 27 EG1204 Upgrades 85,000 85,000 62,188 22,812 73.2% 85,000 85,000 62,188 73.2% In process To be completed by 6/3012; 28 EG1205 R Misc. Equipment Replacement 70,000 70,000 52,763 17,237 75.4% 70,000 70,000 52,763 75.4% In process On-going; 50% complete Demineralizer Control Replace @ 29 EG1206 McKee Run 65,000 10,000 9,364 636 93.6% 65,000 10,000 9,364 93.6% In process Bids in Feb; Complete by June Unit 11 Component Replacement @ 30 EG1207 M Van Sant 50,000 50,000 46,476 3,524 93.0% 50,000 50,000 46,476 93.0% In process To be completed by 6/3012; Switchyard Blast Walls @ McKee 31 EG1208 Run 50,000 50,000 43,196 6,804 86.4% 50,000 50,000 43,196 86.4% In process To be completed by 6/3012; 32 EG1209 M Building Preservation @ McKee Run 38,000 33,000 32,461 539 98.4% 38,000 33,000 32,461 98.4% In process Completion 6/12 Unit 3 Cooling Water Line Life 33 EG1210 M Extension 25,000 - - - 0.0% 25,000 - - 0.0% Defer to FY13 34 EG1211 M Unit 3 Stack Repairs 25,000 25,000 10,417 14,583 41.7% 25,000 20,000 10,417 52.1% In process Completion 6/12 35 EG1212 M Unit 3 Turbine Inspection 1,021,000 405,000 396,823 8,177 98.0% 348,000 405,000 396,823 98.0% In process Will complete Spring outage; Work complete, transferred 36 EG1213 M Unit 3 Aux System Components 542,000 113,000 47,682 65,318 42.2% 113,000 53,000 47,682 90.0% In process funding to EG1212 EG1214 Industrial WW Discharge System - 272,000 20,581 251,419 7.6% - 272,000 20,581 7.6% 37 EU1201 R Distribution Upgrades 500,000 495,000 456,838 38,162 92.3% 500,000 495,000 456,838 92.3% In process On-going 38 EU1201 Persimmon Tree Lane 55,000 55,000 31,506 23,494 57.3% 55,000 55,000 103,549 188.3% 39 $ 5,962,300 $ 4,114,103 $ 3,248,875 $ 865,228 0.0% $ 4,069,503 $ 4,104,053 $ 3,352,424 81.7% 40 41 Grand Totals $ 7,136,700 $ 5,082,243 $ 4,020,938 $ 1,061,305 14.0% $ 4,348,913 $ 4,356,508 $ 3,562,393 81.8% Legend M = Multi-year project - a project with a specific schedule to occur over multiple years. R = Recurring project - a project that begins and ends each fiscal year and is re-budgeted to start over each fiscal year. B = Bonded Project S = State fully or partially reimbursed project

ACTION FORM PROCEEDING: City Council AGENDA ITEM NO.: DEPARTMENTS OF ORIGIN: City Manager DATE SUBMITTED: 08-08-12 PREPARED BY: Scott D. Koenig, P.E., City Manager SUBJECT: Revision to Garrison Oak Technical Park Professional Services Contract REFERENCE: N/A RELATED PROJECT: Request for Proposals Number 10-0002ED Professional Engineering & Land Planning Services City of Dover “Garrison Oak Technical Park”. N/A APPROVALS: City Manager, Controller EXHIBITS: N/A EXPENDITURE REQUIRED: $ 88,000.00 AMOUNT AVAILABLE: $ 88,000.00 FUNDING SOURCE (Dept./Page in CIP & Budget): Approximately $15,000 will be charged against a State Grant received for the development of the Garrison Farm, the remaining balance of the $88,000 will be charged against the infrastructure projects for the various Garrison Farm Improvements identified in the FY-2013 Draft Operating Budget and Capital Investments Plan. TIME TIMETABLE: N/A RECOMMENDED ACTION: Authorize the City Manager to sign an engineering services contract amendment with Becker Morgan Group to complete the Subdivision Design and Construction Documents for the Garrison Oak Technical Park at a cost not to exceed $88,000 over the $289,500 previously authorized by City Council in 2009. BACKGROUND AND ANALYSIS In 2009, the City of Dover’s Economic Development Office solicited Requests for Proposals (RFP) for engineering services related to the future development of Garrison Oak Technical Park. Land Planning and Engineering Design of the subdivision have been ongoing since 2009. The construction documents, which include utility and infrastructure design, are approximately 70% complete. Now that the utility demands for the Garrison Energy Center (Calpine) have been determined we are able to complete the final design of the subdivision as well as the utility infrastructure. Based on the utility demands of the Garrison Energy Center, as well as some additional environmental considerations, some design changes are necessary. In September 2009, City Council authorized $322,100 for the engineering services contract with Becker Morgan Group. Two of the original tasks were eliminated from the contract, reducing the contract value to $289,500. The current proposal would address the design changes necessitated by the utility design changes and environmental considerations stated above. Below is a table that outlines each engineering task in terms of the original contract cost and the proposed amendments to be adopted by City Council:

Task Fee Additional Fee Geotech & Stormwater $ 10,500.00 $ 0.00 Phase Environ. Eval. $ 5,000.00 $ 0.00 Hydrology Analysis $ 10,000.00 $ 0.00 Budget Estimating $ 8,000.00 $ 0.00 Wetland Permitting $ 18,000.00 $ 10,000.00 Floodplain Var. / BOA $ 10,000.00 $ 0.00 PLUS Meeting $ 2,500.00 $ 0.00 Master Plan Concept $ 60,000.00 $ 0.00 Const. Field Survey $ 15,000.00 $ 0.00 Site Dev. Master Plan $ 25,000.00 $ 0.00 Minor Subdivision Plat $ 5,000.00 $ 0.00 Construction Docs. $120,000.00 $ 65,000.00 Limited Survey (P.S.) $ 0.00 $ 10,000.00 COD Drainage Eval. $ 0.00 $ 3,000.00 Total $ 289,500.00 $ 88,000.00

ACTION FORM PROCEEDING: Council AGENDA ITEM NO.: DEPARTMENT OF ORIGIN: Electric DATE SUBMITTED: 7-18-12 PREPARED BY: Steve Enss Engineering Manager & Operations Superintendent SUBJECT: Bid Evaluation – Quote by RFL Electronics Inc. REFERENCE: CIP – Distribution Capacitors and Controls RELATED PROJECT: N/A APPROVALS: City Manager, Controller/Treasurer EXHIBITS: Sole Vendor Information and Quote from RFL Electronics Inc. EXPENDITURE REQUIRED: $103,440 AMOUNT BUDGETED: $125,000 FUNDING SOURCE (Dept./Page in CIP & Budget): Electric -Electric Engineering, Distribution Capacitors and Controls, Account Number 487-8300-563-60-82, Project Number EE1309. Page 164 of the Draft FY 2013 Electric Engineering budget. TIME TIME TABLE: Order will be placed following Council approval. RECOMMENDED ACTION: Staff recommends purchasing the RFL ACCESS Multiplexers from the sole vendor, RFL Electronics Inc., for an amount of $103,440. On site training installation & commissioning will be based on time and material not to exceed the total cost of $125,000. BACKGROUND AND ANALYSIS The purpose of the Distribution Capacitor and Controls project is to ensure a high level of power quality and maintain near unity power factor throughout the electric system. The multiplexers provide communication from the electric substations to the System Operations Center at Electric Administration building, for increased monitoring capabilities and advanced metering. This increased ability to analyze system performance remotely will allow the department to more efficiently determine the proper locations for additional capacitor banks and switch capacitor banks on and off to ensure system power factor compliance. The Multiplexers will replace vintage equipment that currently doesn’t have the technology for the above described communication. Additionally, the existing equipment is no longer supported for repair or replacement. The units to be replaced under this order are for the following substations: College Road, New College Road, McKee Run, Dover Downs, St Jones, Sun Park, Horsepond, Dover AFB, Lebanon, Danner Farm, Mid City, Mayfair, Parkland, North Street and Division Street.

Quotation RFL Electronics Inc. Date: May 7, 2012 Quote Number: CQ-58522-3A 353 Powerville Road Boonton Twp., NJ 07005-9151 Customer: City of Dover Electric Phone: 973-334-3100 860 Buttner Place Fax: 973-334-3863 Dover , DE 19904 Email: mike.reinhold@rflelect.com Attention: Jeremy Johnson Reference: eXMux 3500 Email: jjohnson@dover.de.us Replacement of IMUX 2000 Phone: 302-736-7088 Inquiry Number: Fax: 302-736-7081 Inquiry Date: April 11, 2012 Item Quantity Model Description Unit Price Extension EQUIPMENT FOR COLLEGE RD, NEW COLLEGE RD, McKEE RUN, DOVER DOWNS, ST JONES, SUN PARK, HORSEPOND, DOVER AFB, LEBANON, DANNER FARM, MID CITY, MAYFAIR, PARKLAND, NORTH ST, DIVISION ST 1 15 3500 RFL eXmux 3500 IP ACCESS Multiplexer supplied in a 3RU x 19” rack $ 6,896 $ 103,440 UET chassis with two (2) 1310NM Singlemode 40km 1000MB WAN ports, four (4) electrical 10/100MB RJ-45 LAN ports, four (4) serial server ports, T1/E1 port, service phone channel and redundant 110 VAC/38-150 VDC Ppower supplies RFL PART NUMBER EXM-221HHLZZZZZZ ON-SITE TRAINING, INSTALLATION & COMMISSIONING ASSISTANCE 6 1 3500 On-Site services will be billed as per quote note #4 on sheet #2 TBD LOT UET cc: P. Michael Continued on next page Mid-Atlantic Power Equipment Sales, LLC Validity: Quote valid until July 30, 2012 Terms: Net 30 days Mike Reinhold FOB: Boonton TWP, prepay and add Delivery: 30 days after receipt of confirmed order Quoted By: Any questions concerning this quotation, please contact Mike Reinhold at 973-334-310 EXT 239, mike.reinhold@rflelect.com All quotations are subject to the terms and conditions listed and subject to acceptance by RFL. ISO 9001 Registered Company www.rflelect.com

Quotation Notes Sheet: 2 Quote Number: CQ-58522-3A Date: May 7, 2012 Inquiry Number: QUOTATION NOTES Amendment “A” – Change site name from Frasier to McKee Run. 1. An electronic copy of the manual will be provided with each order. 2. RFL’s warranty on the eXmux 3500 is thirty-six (36) months from date of delivery for replacement of any part which fails during normal operation or service. Should a part become defective, please call the Customer Service Department for a Return Material Authorization (RMA) number prior to return to the factory, shipping charges prepaid, for replacement F.O.B. Boonton Twp, New Jersey. 3. If an order is placed, Customer and Country of Ultimate Destination must be specified. 4. The cost of commissioning, field service and/or training (in-house or at customer’s site) is US $187.50/hour for weekdays and US $250/hour (minimum charge is for 8 hours/day or US $1,600) for weekends and holidays. Travel time any day or any hour (portal-to-portal) is US $90/hour. Travel expenses will be billed at cost, plus 10% for administrative costs. Examples of applicable expenses include, but are not limited to, rental car expense, hotel, meals, airfare and car mileage, billed at US $.55/mile, if RFL supplies transportation. All air travel will be by coach accommodation. 5. Please note drawing requests after receipt of an order can affect delivery as follows: “Drawings for Reference” - Under these terms drawings will be submitted for general reference and minor corrections which only involve wiring changes. Modules may not be added or deleted. Delivery will not be delayed. “Drawings for Approval” - Under these terms drawings will be submitted for system content and wiring approval. Manufacturing will not proceed until approval drawings with comments are reviewed by RFL. In some cases re-submittal may be necessary. Our quoted delivery will be based on the received final approval drawings signed by the approval engineer. For example, our quoted delivery may be specified as “60 Days ARO”. However, when approval drawings are required, the delivery then becomes “60 Days After Receipt of Approved Drawings”. When placing an order, please indicate which of the above terms apply to your purchase order. 6. Our Sales Representative and/or Regional Sales Manager for your area is: Mid-Atlantic Power Equipment Sales LLC Regional Sales Manager Mr. Jim Miller Mr. Paul E. Michael 1200 East High Street Suite 314 87 Mackay Drive Pottstown, PA 19464 Tenafly, NJ 07670 Tel: (484) 624-5709 Tel: (201) 387-8817 Fax: (270) 596-1294 Fax: (201) 387-2772 Email: jimm@midatlanticpowersales.com Email: paul.michael@rflelect.com

Terms and Conditions The following terms and conditions apply to any contract with RFL Buyer first obtains a Return Material Authorization Number from the Seller. Buyer Electronics Inc. hereafter referred to as the Seller; such contract is agrees to pay all costs incurred by the Seller in shipping repaired or replaced goods. expressly limited to these terms and conditions unless otherwise agreed c. Seller will have no liability of any character arising out of improper use of the prod- to in writing by the Seller; verbal understanding expressed or implied uct, including but not limited to, unauthorized repair by the user or third parties, if it between representatives of the Seller and Buyer shall not be binding on is altered in any way, or if the user fails to follow instructions regarding the use of the the Seller: product. 1. Quotations d. Seller’s liability for the breach of any warranty shall be limited to the repair or re- All quotations are subject to change without notice until the Buyer’s order is acknowl- placement of the defective product. Seller shall not be liable for any incidental or edged and accepted by the Seller. Typographical and clerical errors are subject to consequential damages suffered by the Buyer as a result of any breach of this correction. contract, whether or not sounding in warranty, and, in any event, Seller’s liability for any such breach of the contract or warranty shall not exceed the purchase price of the 2. Contract Modifications or Cancellations product giving the rise to the claim of breach. Seller and Buyer agree that if, for any a. Unless otherwise agreed to in writing, the contract will be on a fixed price basis and reason, the limited remedy of repair or replacement is deemed by a court of any audit of Seller’s records by the Buyer will not be permitted. All prices are subject competent jurisdiction to fail of its essential purpose, this limitation on the damages to change in respect of (i) duties, excise taxes or other charges hereafter imposed by recoverable for breach shall nevertheless remain in full force and effect. In no event any foreign governments, federal, state, or municipal authorities, and (ii) increases in shall Seller be responsible for consequential or special damages. cost of manufacture, processing, or sale resulting from operations of any federal, state or municipal law, foreign government regulation, or regulatory measure hereafter e. Seller warrants that its products are delivered free of any rightful United States adopted. parent infringement claim of third parties; in no circumstances shall Seller’s liability under this clause exceed the original sale price to the Buyer of the specific products b. Buyer may make changes in the work to be performed. If such changes cause an infringing, or alleged to infringe, adverse patent rights. increase or decrease in the contract price or to the agreed delivery schedule, then an adjustment shall be made to the contract by the Seller and the Buyer’s contract shall 5. Patents be amended. The Buyer shall defend, protect and indemnify Seller against all claims, damages, fees or profits arising from claims or infringement of patents, designs, copyrights or c. Buyer may cancel the contract, however, Buyer will be subject to cancellation trademarks with respect to (i) all goods manufactured either in whole or part to the charges as determined by the Seller which shall include all expenses incurred both Buyer’s specification; or (ii) the use of any product or process of Seller in direct and indirect, plus Seller’s customary profit on those expenses. In the event of combination with any other product, device, equipment or process not supplied by the cancellation, Seller’s obligation will end with the termination and it will have no Seller; or (iii) the furnishing to Seller by Buyer of any information, data, service or further obligation to the Buyer. application assistance. 3. Terms of Payment and Delivery 6. Proprietary Rights a. Payment is due in US Dollars for each shipment, net 30 days from actual date of Charges for tooling, non-recurring engineering and software development do not con- invoice unless otherwise agreed to in writing. If the Buyer fails to fulfill the terms of vey ownership or the right to remove them from the Seller’s possession. payment or if the financial responsibility of the buyer shall become impaired or unsatisfactory to the Seller, then the Seller reserves the right to change terms and 7. Disclosure of Information conditions of payment and/or defer or discontinue further shipments, without Any information, suggestions or ideas transmitted by Buyer to Seller in connection prejudice to any other lawful remedy, until past due payments are made and with performance hereunder are not to be regarded as secret or submitted in satisfactory assurances of the Buyer’s credit are received. confidence except as may be otherwise provided in writing by a duly authorized representative of the Seller. b. Delivery dates are approximate and based upon the prompt receipt of all necessary information from the Buyer. The Seller shall not be charged with any liability for fail- 8. General ure or delay in performance when such failure or delay is due in whole or in part to a. The parties acknowledge that the transaction that is the subject matter of this con- any cause beyond its reasonable control. Such causes shall include, but not be limited tract bears a reasonable relation to the laws of the State of New Jersey and agrees that to, acts of war, riots, and other civil disturbances, strikes or other labor disturbances, the laws of the State of New Jersey will govern their rights and duties. The parties actions of subcontractors, government restrictions and regulations, acts of God, flood, specifically intend that the provisions of the Uniform Commercial Code will control fire and earthquakes. In the event of such excusable delay, neither party shall have as to all aspects of this contract and its interpretation, and that the definitions claims against the other in connection with such delay, other than the right to have any contained therein will be applicable to this contract except where this contract may pre-existing schedule amended in light of circumstances resulting from the events expressly provide otherwise. Any legal action or other proceeding based upon this causing the excusable delay. contract shall be brought in or transferred to a court of competent jurisdiction in the State of New Jersey. The parties hereby consent and irrevocably submit to the c. Risk of loss and responsibility of all products sold hereunder shall pass to Buyer jurisdiction of such court. upon Seller’s delivery to carrier. b. Seller’s failure to insist upon strict compliance with any of these terms and 4. Warranties conditions shall not be deemed a waiver of any right, and waiver of any right under a. THERE ARE NO WARRANTIES OTHER THAN THOSE CONTAINED IN any article shall not constitute a waiver of any other right or waiver or default under THIS WRITTEN CONTRACT, AND ALL WARRANTIES OTHER THAN such article or any other article. THOSE EXPRESSED IN THIS WRITTEN CONTRACT, WHETHER EXPRESS ED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES c. If any clause of this contract is held to be unconscionable by any court of OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, competent jurisdiction, the clause in question shall be modified to eliminate the ARE HEREBY EXCULDED, UNLESS OTHERWISE AGREED TO IN unconscionable element and as so modified the clause shall be binding on the parties. WRITING. The remaining provisions of this contract shall not be affected by the modification of any unconscionable clause. b. Seller warrants to the Buyer that in the event the products delivered pursuant to this “Unconscionable” shall be deemed to mean that the enforcement of the entire contract contract prove to be defective in either material or workmanship within twelve months of a specific clause of the contract will work oppression or cause consequences to one of the delivery (unless other duration is agreed in writing). Seller shall, at its option, of the parties. Unconscionability shall be determined as of the time when the contract repair or replace such product. During said period, deficient product or part which is made, but shall not be deemed established either by the fact that the contract fails during the normal operation or service of the product shall be returned by the subsequently proved disadvantageous to one of the parties or by the fact that one of Buyer to the Seller for repair or replacement at the sole discretion of the Seller, after the parties has bargaining power superior to that of the other.