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UTILITY COMMITTEE The Utility Committee Meeting was held on November 14, 2011 at 5:01 p.m. with Chairman Bonar presiding. Members present were Mr. Lynn (arrived at 5:08 p.m.), Mr. Blakeman, and Mr. Snaman. Mrs. Williams was absent. Other members of Council present were Council President Leary, Mrs. Russell, Mr. Hutchison, Mr. Anderson (arrived at 5:11 p.m.), and Mr. Hare (departed at 5:14 p.m.). Mayor Carey was also present. AGENDA ADDITIONS/DELETIONS By unanimous consent, the agenda was approved as presented. Request for Street Name Change - Slaughter Street (Between Loockerman and North Streets) In accordance with Chapter 98, Article II, Section 98-45 Street Name Change Procedure, of the Dover Code, members considered a petition, submitted by Reverend Clifton Holmes on behalf of New Jerusalem Baptist Church, to change the street name of a segment of Slaughter Street to Jerusalem Way. The petition requests that the one (1) block segment of Slaughter Street, which runs in a north-south direction between West North Street and West Loockerman Street, just east of the railroad corridor, be changed to Jerusalem Way. Mrs. Ann Marie Townshend, Director of Planning and Community Development, noted that the only property located on the segment of Slaughter Street which is proposed for the name change is the New Jerusalem Baptist Church. The Planning Commission recommended approval of the requested street name change from Slaughter Street to Jerusalem Way (for the segment of Slaughter Street running between West North Street and West Loockerman Street). Reverend Clifton Holmes, representative of New Jerusalem Baptist Church, urged members to support the street name change and explained that the purpose is to eliminate two (2) Slaughter Streets within the City and also due to concerns regarding the church’s address, noting the negative connotations of the word “slaughter.” Mr. Blakeman moved to recommend approval of the requested street name change from Slaughter Street to Jerusalem Way (for the segment of Slaughter Street running between West North Street and West Loockerman Street), as recommended by the Planning Commission. The motion was seconded by Mr. Snaman and unanimously carried. TEA/NAES Monthly Report (August) The TEA/NAES Monthly Report for August 2011 was provided to members to enable them to monitor electric sales and revenues received, which will provide a better understanding of any fluctuations that occur and allow the opportunity to make improvements if deemed necessary. Noting that Mr. Blakeman had numerous questions related to the report, Mr. Bonar suggested that a meeting be scheduled with Mr. Ron Lunt, Director of Public Utilities, to allow for a more thorough review of the Report. Referring to a presentation that was provided at a power management meeting held at the McKee Run Plant on November 10, 2011, Mr. Bonar noted that extensive maintenance and repairs to the electric generators will be necessary. Concurring, Mr. Scott Koenig, Interim City Manager, indicated that The Energy Authority (TEA), power plant operators, the Finance Department, and other

UTILITY COMMITTEE MEETING OF NOVEMBER 14, 2011 PAGE 2 department heads realize the need to maintain the capital plan as a high priority. He further explained that, as a part of the City’s risk management and in order to maintain insurance levels on the power plant, the City must keep the plant up to a reasonable standard. He stated that a progressive approach with the Capital Improvement Plan (CIP) is necessary if the City is to remain in the power business. Therefore, as the City develops next year’s CIP, Mr. Koenig stated that members will see certain projects placed in the forefront when funding priorities are assigned. Mr. Hare requested that staff summarize the reports and provide basic (bottom line) details, including profits realized from the power plant and capacity charges over the past five (5) years. For clarification, Mr. Koenig stated that staff would provide members monthly totals in the future and a history for the past five (5) years. In response to Mr. Hare, Mr. Bonar stated that the cost of service/operation survey and study will provide specifics and assist in the determination of whether or not it is beneficial for the City to maintain the power plant. Update - Green Energy Funding and Programming Mr. Scott Koenig, Interim City Manager, reviewed the Fund Summary for Green Energy Funding and Programming. He noted that there is currently an $84,057.85 deficit in the Green Energy Fund, explaining that the City has approved more projects than the amount of funding received. He stated that funds are received on a “rolling” basis as projects are approved, and that project owners understand that they may not receive reimbursement for up to 18 months. Mr. Koenig noted that, although fewer requests are being received than previously, they are received on a regular basis. In response to Mr. Blakeman, Mr. Bonar suggested that Mr. Ron Lunt, Director of Public Utilities, provide members an explanation of the details regarding the report at a future meeting. He also encouraged staff to send a letter to the Delaware Energy Office encouraging them to issue funds due in order for the City to pay its obligations to its citizenry. National Pollution Discharge Elimination System (NPDES) Municipal Separate Storm Sewer Systems (MS4) Permit Members were reminded of the City’s permit through the National Pollution Discharge Elimination System (NPDES) for its Municipal Separate Storm Sewer System (MS4). This permit was issued by the Department of Natural Resources and Environmental Control (DNREC) in 2003 for a five (5) year period. The permit was administratively extended by DNREC until all requirements of the permit are met and a new permit is in place. Under the permit, the City is required to take action to improve the quality of stormwater runoff within the City. Since the initiation of the permit, the City has struggled with compliance. In June 2010, the City received a Notice of Violation (NOV) relating to a number of permit requirements that had not been met. This NOV was closed out in November 2010, when the terms of that NOV were met; however, DNREC subsequently performed an audit of the City’s MS4 permit in early 2011, and in June 2011, DNREC reported the results of that audit and issued another NOV. This NOV related to outstanding permit requirements that were not addressed in the NOV issued in June 2010. The NOV issued in June 2011 includes a number of required corrective actions that must be complete by December 31, 2011.

UTILITY COMMITTEE MEETING OF NOVEMBER 14, 2011 PAGE 3 Staff reported that, with the leadership of Mr. Michael Albert (former Planner II), and assistance from the Watershed Assessment Section at DNREC and the Wesley College Environmental Science Program, the City is making great strides in moving toward compliance with the permit requirements. This fall, the Wesley College Environmental Science Program provided an intern to help with the outstanding tasks associated with the NOV, including development of a Stormwater Management Plan for 2012-2015. The Environmental Science students are also working to develop a number of public outreach materials that will be implemented under the Stormwater Management Plan that will begin in January 2012. Mr. Scott Koenig, Interim City Manager, reviewed the tasks that have been completed in recent months, as follows: 1) Marking of storm drains in the downtown area and throughout the State Complex; 2) Development of a brochure for the general public about non-point source pollution; 3) Completion of a survey regarding attitudes about water quality; 4) Development of a poster regarding proper automotive care that was distributed to all automotive businesses in the City of Dover; 5) Insertion of an auto maintenance fact sheet into utility bills; and 6) Continued progress on storm sewer system mapping. In addition, Mr. Koenig noted that training has been provided to all City road staff and their supervisors on best management practices to protect water quality and that the City’s new website also includes information on the Stormwater Program, as required by the permit. Mr. Koenig explained that this is not a “static” permit and that there will be a constant need for additional tasks and operational improvements in order for the City to maintain the permit. Noting that the new legislative session will begin in a few months, Mr. Bonar suggested that the City put the legislative delegation on notice that the City will be requesting bond bill monies for significant funding for stormwater and water infrastructure. Concurring, Mr. Koenig noted that the City would benefit from completion of one (1) or two (2) major stormwater projects and expressed the need for the City to work with their delegation to reserve funds, since these are multi-million dollar projects. By unanimous consent, the meeting adjourned at 5:24 P.M. David L. Bonar Chairman DLB/TM/jg/js/dd S:\AGENDAS & MINUTES\Committee-Minutes\2011\11-14-2011 UTILITY.wpd